Contract - SKE Construction - 3/25/2021 't WI-033
CITY OF ROUND ROCK
UTILITIES AND ENVIRONMENTAL SERVICES
1, -/-
ROUND ROCK TEXAS
Project Manual For:
South Creek Asbestos-Cement Waterline Pipe Bursting
March 2021
g~PEE OF T�'q'�'
N7 A
Prepared By: « !�►- �N.4
O '••OHM 1..j
David Freireich, P.E. $ 6S4C6. � ��c,��
City of Round Rock 0.rt�+FQ�g�EA�4,.....� �3400 Sunrise Road �SS�OkA�
Round Rock,Texas 78665
t j.kt ,P�
South Creek Asbestos-Cement Waterline Pipe Bursting
TABLE OF CONTENTS
Section Description No. of Pages
00200 Buy Board Contract 58
00300 Proposal 12
00500 Agreement 5
00600 Insurance & Construction Bond Forms
Performance & Payment Bond Instructions 1
Insurance Instructions 1
00610 Performance Bond 2
00620 Payment Bond 2
00650 Certificate of Liability Insurance 1
00700 Genera!Conditions 42
00800 Supplemental General Conditions 1
00900 Special Conditions 5
01000 Technical Specifications 4
Attachment A 16
02000 Plans, Details and Notes 1
Project Map
8-2016 Table of Contents
00090665
00200 Buy Board Contract
ii...%mBoard
Cooperative Purchasing
P.O.Box 400
Austin, TX 78767-0400
800.695.2919 / 512.467.0222 / Fax:800.211.5454
buyboard.com
October 19, 2016
Sent Via E-mail: shelly@skel.net
Shelly A Eberhart
SKE Construction, LLC
PO Box 1111
Cypress,TX 77410
Re: Notice of The Local Government Purchasing Cooperative Award
Proposal Name and Number: Job Order Contracting— Regional Statewide JOC(Gordian ezIQC)and Gordian Job Order
Contracting Core Proposal No. 520-16
Congratulations, The Local Government Purchasing Cooperative (Cooperative) has awarded your company a BuyBoard®
contract based on the above-referenced Proposal. The contract is effective 12/1/2016 through 11/30/2018, with three
possible one-year renewals. The contract documents are those identified in Section 3 of the General Terms and
Conditions of the specifications.
To view the items your company has been awarded, please review the proposal tabulation No. 520-16 on the following
web-site: www.buyboard.com/vendor. Only items marked as awarded to your company can be sold through the
BuyBoard contract. In addition, on this website you will find the membership list which will provide you with the names of
all entities with membership in our purchasing cooperative.
Enclosed with this letter you will find the following documents:
• Vendor Quick Reference Sheet
• Vendor Billing Procedures
You are advised that receipt of a purchase order directly from a Cooperative member is not within the
guidelines of the Cooperative. Accepting purchase orders directly from Cooperative members may result in a violation
of the State of Texas competitive bid statute and termination of this Cooperative BuyBoard contract. Therefore, all
purchase orders must be processed through the BuyBoard in order to comply. Please forward by fax (1-800-
211-5454) any order received directly from a Cooperative member. If you inadvertently process a purchase order sent
directly to you by a Cooperative member, please fax the order to the above number and note it as RECORD ONLY to
prevent duplication.
On behalf of the Texas Association of School Boards, we appreciate your interest in the Cooperative and we are looking
forward to your participation in the program. If you have any questions, please contact BuyBoard Procurement Staff
at 800-695-2919.
Sincerely,
Arturo Salinas
BuyBoard Procurement Director
v.12.15
11* = The Local Government Purchasing Cooperative is endorsed by the Texas Association of School Boards,
Texas Municipal League, Texas Association of Counties,and the Texas Association of School Administrators.
v rr i
UG _ y National School
• • Endorsed by 'NSBA. Hoards Association
October 19, 2016
Sent Via E-mail shelly@skel.net
Shelly A Eberhart
SKE Construction, LLC
PO Box 1111
Cypress,TX 77410
Re: Notice of National Purchasing Cooperative Piggy-Back Award
Proposal Name and Number:Job Order Contracting Gordian Job Order Contracting Core, Proposal No. 520-16
Congratulations, The National Purchasing Cooperative (National Cooperative) has awarded your company a BuyBoard®
contract based on the above-referenced Proposal. As provided for in the Proposal and your National Purchasing
Cooperative Vendor Award Agreement, you are authorized to sell the goods and services awarded under the Proposal to
National Cooperative members in states other than Texas through the BuyBoard. The contract is effective 12/1/2016
through 11/30/2017, with two possible one-year renewals.
The National Cooperative membership list is available at our website www.buyboard.com/vendor. The list identifies the
current members that may purchase awarded goods and services under your National Cooperative BuyBoard contract.
You are advised that receipt of a purchase order directly from a National Cooperative member is not within
BuyBoard guidelines. Accepting purchase orders directly from Cooperative members may result in a violation of
applicable competitive procurement law and termination of this National Cooperative BuyBoard contract. Therefore, all
purchase orders from National Cooperative members must be processed through the BuyBoard. Please
forward by fax (1-800-211-5454) any order received directly from a National Cooperative member. If you inadvertently
process a purchase order sent directly to you by a National Cooperative member, please fax the order to the above
number and note it as RECORD ONLY to prevent duplication.
Per proposal specifications, awarded vendors will have 30 days or sooner to submit their electronic catalog
including pricing. If the electronic data is not provided within 30 days or sooner of notice of award, we
reserve the right to inactivate any company's award information from the BuyBoard until such time the
electronic data is received.
On behalf of the National Cooperative, we are looking forward to your participation in the program. If you have any
questions, please contact BuyBoard Procurement Staff at 800-695-2919.
Sincerely,
•BuyBoard Procurement Director
v.12.15
P.O. Box 400.Austin, Texas 78767-0400
800.695.2919•buyboa►rd.cor71
11-kl-if 33
Board
• Cooperative Purchasing
12007 Research Boulevard•Austin,Texas 787592439
PH:8OO-6952919 •FAX:8OO2115454•www.buyboard.com
PRoPosER's AGREEMENT AND SIGNATURE
JppQsaiName:Job Order Contracting Regional Statewide JOC(Gordian ezIQC®)and PxpposaLOpenkiqDateaiidllme:
Gordian Job Order Contracting CoreTM August 25,2016 at 2:00 PM
�.ocadon of Prod Opening;
Texas Association of School Boards,Inc.
BuyBoard Department
ProposaLNumber 520-16 12007 Research Blvd.
Austin,TX 78759
AnttdpteCoopeiative_Board MeetLnDate:
Contract Time Period:December 1,2016 October 2016
through November 30,2018 with three(3)possible
one-year renewals.
SKE Construction, LLC 08/25/2016
Name of Proposing Company Da 41111k
POBox 1111 40 J8J(\11 .�
Street Address Signature of A • zed Company Official
Cypress, TX 77410 Shelly A Oerhart
City,State, Zip Printed Name of Authorized Company Offlcial
281-585-4100 President/CEO
Telephone Number of Authorized Company Official Position or Title of Authorized Company Official
281-585-5707 20-5217354
Fax Number of Authorized Company Official Federal ID Number
The proposing company("you"or"your") hereby acknowledges and agrees as follows:
1. You have carefully examined and understand all Cooperative information and documentation associated with
this Proposal Invitation, including the Instructions, General Terms and Conditions, Attachments/Forms, Item
Specifications, and Line Items(collectively"Requirements';
2. By your response ("Proposal") to this Proposal Invitation, you propose to supply the products or services
submitted at the prices quoted in your Proposal and in strict compliance with the Requirements, unless
specific deviations or exceptions are noted in the Proposal;
3. Any and all deviations and exceptions to the Requirements have been noted in your Proposal and no others
will be claimed; 14'-k1
FORM A-PAGE 1 j
-11 CONST.V.11.18.15
(J2193 -LI
A!vBoard
0 0 Cooperative Purcbasliig
12007 Research Boulevard Austin,Texas 78759-2439
PH:800-695-2919 FAX:800-211-5454•www.buyboard.com
4. If the Coopertive accepts any part of your Proposal and awards you a contract,you will furnish all awarded
produs or $Mces at the prices quoted and in strict compliance with the Requirements (unless specific
exceptions are noted in the Proposal), including without limitation the Requirements related to:
a. conduing business with Cooperative members, including offering pricing to members that is the
best you offer compared to similar customers;
b. payment of a service fee in the amount specified and as provided for in this Proposal Invitation;
c. the possible award of a piggy-back cont by another governmental entity, in which event you will
offer the awarded goods and services in accordance with the Requirements; and
d. submitting price sheets or catalogs in the proper format for posting on the BuyBoard as a
prerequisite to activation of your contract;
5. You have clearly identified any information in your Proposal that you believe to be confidential or propñetary
or that you do not consider to be public information subject to public disclosure under a Texas Public
Information Act request or similar public information law;
6. The individual signing this Agreement is duly authorized to enter into the contractual relationship
represented by this Proposal Invitation on your behalf and bind you to the Requirements, and such
individual (and any individual signing a Form) is authorized and has the requisite knowledge to provide the
information and make the representations and certifications required in the Requirements;
7. You have carefully reviewed your Proposal, and certify that all information provided is true, complete and
accurate, and you authorize the Cooperative to take such action as it deems appropriate to verify such
information; and
8. Any misstatement, falsification, or omission in your Proposal, whenever or however discovered, may
disqualify you from consideration for a contract award under this Proposal Invitation or result in termination
of an award or any other remedy or action provided for in the General Terms and Conditions or by law.
FORM A-PAGE 2 CONST.V.11.18.15
A!vBoard
• • Cooperative Purcbaslag
12007 Research Boulevard Austin,Texas 787592439
PH:8OO6952919'FAX:8OO2115454•www.buyboard.com
VENDOR PURCHASE ORDER RE•UEST FOR •UOTES AND INVOICE RECEIPT OPTIONS
Company: SKE Construction, LLC General Contact Name: Shelly A Eberhart
Purd�ase Orders: Purchase orders from Cooperative members will be available through the Internet or by facsimile.
)ptjpn 1: Internet. Vendors need Internet access and at least one e-mail address so that notification of new
orders can be sent to the Internet contact when a new purchase order arrives. An information guide will be
provided to vendors that choose this option to assist them with retrieving their orders.
pawl: Fax. Vendors need a designated fax line available at all times to receive purchase orders.
please choose gmly_ameala of the following options for receipt of purchase orders and provide the
requested information:
El I will use the JNTERNI to receive purchase orders.
E-mail Add : shelly@skel.net
Internet Contact: Shelly A Eberhart pho1e7 281 58541 00
Alternate E-mail Address: morganske1.net
Alternate Internet Contact: Morgan R Early Phone: 281 58541 00
D I will receive purchase orders via EAX.
Fax Number:
Fax Contact: Phone:
Rgguest for Ouotes("RFo"1: Cooperative members will send RFQs to you by email. Please provide e-mail addresses
for the receipt of RFQs:
E-mail Address: sheIIyske1.net
Alternate e-mail Address: morganske1.net
invoices: Your company will be billed monthly for the service fee due under a contract awarded under this Proposal
Imitation. All invoices are available on the BuyBoard website and e-mail notifications will be sent when
they are ready to be retrieval. Please provide the following address, contact and e-mail information for receipt of
service fee invoices and related communications:
Mailing address: PO Box 1111 Department:
city: Cypress state: TX Zip Code:_______________77410
contact Name: Shelly A Eberhart phone: 281 58541 00
Fax: 281 58557O7 E-mail Address: shelly@skel.net
Alternative E-mail Address: morganske1.net
FORM B CONST.V.11.18.15
iA!vBoard
40 10 Cooperative Purchasing
12007 Research Boulevard Austin,Texas 78759-2439
PH:800-695-2919 FAX:800-211-5454•www.buyboard.com
FELONIV CONVICTION DISCLOSURE AND DEBARMENT CERTIFICATION
FELONY CONVICTION DISCLOSURE
Subsection (a) of Section 44.034 of the Texas Education Code (Notification of Criminal History of
Contractor)states:"A person or business entity that enters Into a contract with a school district must give
advance notice to the district If the person or an owner or operator has been convicted of a felony. The
notice must Include a general descnption of the conduct resulting in the conviction of a felony."
Section 444)34 further states in Subsection (b): "A school district may terminate a contract with a person
or burin entity if the district determines that the person or business entity failed to give notice as
required Subsection (a) or misrepresented the conduct resulting in the conviction. The district must
compensate the person or business entity for services performed before the termination of the contract."
ffease_chectalme_ottive follQwing:
o My conpany is a publicly-held corporation.(Advance notice requirement tics rot apply to pubttclyheld corporation.)0 My corrpany is not owned or operated by anyone who has been convicted of a felony.
o My conpany is owned/operated by the following individuals)who has/have been convicted o a
felony:
Name of Feon(s):
Details of Cnv1ct1on(s):
__..........._ _____.
By slgnaturbelow,I certify that the above Information is true,complete and accurate and that I am
authorized my company to make this certification.
SKE Construction, LLC
Aki
Company Name
.��_ 1 i /,a'skif, Shelly A Eberhart
Signature . A�'orl -' Company Official Printed Name
EBARMETRIIFICATI()N
Neither my company nor an owner or principal of my company has been debarred, suspended or
otherwise ade ineligible for participation in Federal Assistance programs under Executive Order 12549,
• "Debarmen and Suspension,"as described in the Federal Register and Rules and Regulations.
By signatur- below, I certify that the above is true, complete and accurate and that I am authorized by
my compan to make this certification.
SKE Construc , LLC
1 • I fly Name
"� t �1 � �,a á Shelly A Eberhart
nature o 1 orized Company official Printed Name
FORM C CONST.V.11.18.15
•
iA!vBoard
Cooperative Purchasing
12007 Research Boulevard•Austin,Texas 78759-2439
PH:800-695-2919'FAX:800-211-5454•www.buyboard.com
RESIDENT/NONRESIDENT CERTIFICATION
Chapter 2252, Subchapter A, of the Texas Government Code establishes certain requirements applicable
to proposers who are not Texas residents. Under the statute, a"resident"proposer is a person whose
principal place of business is in Texas, including a person whose ultimate parent company or majority
owner has its prindpal place of business in Texas. A"nonresident" proposer is a person who is not a
Texas resident. Please indicate the status of your company as a"resident"proposer or a "nonresident"
proposer under these definitions. Please check(�[)one of the following.
El I certify that my company is a Resident Proposer.
❑ I certify that my company is a Nonresident Proposer.
If your company is a Nonresident Proposer, you must provide the following information for your resident
state(the state in which your company's pnndpal place of business is located):
Company Name Address
City State Zip Code
A. Does your resident state require a proposer whose principal place of business is in Texas to
under-price proposers whose resident state is the same as yours by a prescribed amount or
nrcentage to receive a comparable contract?
Yes ❑ No
B. What is the prescribed amount or percentage? $ or ok
VENDOR EMPLOYMENT CERTIFICATION
Section 44.031(b) of the Texas Education Code establishes certain criteria that a school district must
consider when determining to whom to award a contract. Among the criteria for certain contracts is
whether the vendor or the vendor's ultimate parent or majority owner (I) has its principal place of
business in Texas;or(ii)employs at least 500 people in Texas.
If neither your company nor the ultimate parent company or majority owner has its prindpal place of
business in Texas, does your company, ultimate Rarest company, or majority owner employ at least 500
people in Texas? PIeasecheck(,h one of the following.
� Yes El No
By signature below, I certify that the information in Sections 1 (Resident/Nonresident Certification)and 2
(Vendor Employment Certification)above is-true, complete and accurate and that I am authorized by my
company to make this certification.
SKE Construction, LLC
.mpany Name
I
f .�. � • I� Shelly A Eberhart
Signature of A, fhorIzed Company Official � Printed Name
FORM D CONST.V.11.18.15
1-3-g-Y Board
0 0 Cooperative Purchasing
12007 Research Boulevard Austin,Texas 787592439
PH:8OO695-2919 FAX:8OO2115454•www.buyboard.00m
HIST' RICALLY UNDERUTILIZED BUSINESS CERTIFICATION
A pr...,- that has been certified as a Historically Underutilized Business (also known as a
Minority/Wa men Business Enterprise or "MWBE" and all referr&J to In this form as a "HUB') Is
encourag-. to indicate its HUB certification status when responding to this Proposal Invitation. The
electronic •-talogs will indicate HUB certifications for vendors that properly indicate and document their
HUB certifi'lion on this form.
Pieasech • (v')all tbt appJy
0 I •:rtlfy that my company has been certified as a HUB in the following categories:
0 Minority Owned Business
El Women Owned Business
Ei Service-Disabled Veteran Owned Business (veteran defined by 38 U.S.C.
§101(2),who has a service-connected disability as defined by U.S.C.§
101(16),and who has a disability rating of 20%or more as determined by the
U.S. Department of Veterans Affairs or Department of Defense)
Ce :fication Number:
I 05217354400
Na e of Certifying Agency:
S gate of Texas
D My ••mpany has NOT been certified as a HUB.
By signatur below, I certify that the above is true, complete and accurate and that I am authorized by
my compan, to make this certification.
SKEConstruction, LLC
14. ny i II me -
-4i1 I I Dt •
Signature o ' i
horized Company Offidal
ShellyA berhart
Printed Na e
FORM E CONST.V.11.18.15
J,4 Mttt��
�y 6
GLENN HE GAR TEXAS COMPTROLLER OF PUBLIC ACCOUNTS
The Texas Comptroller of Public Accounts(CPA)administers the Statewide Historically Underutilized Business(HUB)Program for the State
of Texas, which includes certifying minority- and woman-owned businesses as HUBs and is designed to facilitate the participation of
minority-and woman-owned businesses in state agency procurement opportunities.The CPA has established Memorandums of Agreement
with other organizations that certify minority- and women-owned businesses that meet certification standards as defined by the CPA. The
agreements allow for Texas-based minority- and women-owned businesses that are certified with one of our certification partners to
become HUB certified through one convenient application process.
in accordance with the Memorandum of Agreement the CPA has established with the CITY OF HOUSTON(COH),we are pleased to inform
you that your company is now certified as a HUB. Your company's profile is listed in the State of Texas HUB Directory and may be viewed
online at http://www.window.state.tx.us/procurement)/cmbl/hubonly.html. Provided that your company continues to remain certified with the
COH, and they determine that your company continues to meet HUB eligibility requirements, the attached HUB certificate is valid for the
time period specified.
You must notify the COH in writing of any changes affecting your company's compliance with the HUB eligibility requirements, including
changes in ownership, day-to-day management, control and/or principal place of business. Note: Any changes made to your company's
information may require the COH and/or the HUB Program to re-evaluate your company's eligibility. Failure to remain certified with the
COH, and/or failure to notify them of any changes affecting your company's compliance with HUB eligibility requirements, may result in the
revocation of your company's certification.
Please reference the enclosed pamphlet for additional resources, such as the state's Centralized Master Bidders List (CMBL), that can
increase your chance of doing business with the state.
Thank you for your participation in the HUB Program! If you have any questions, you may contact a HUB Program representative at
512-463-5872 or toll-free In Texas at 1-888-863-5881.
Texas Historically Underutilized Business (HUB) Certificate
CertificateNID Number: 1205217354400
File/endor Number: 03222
HUB Approval Date: 15-JAN-2015
Scheduled Expiration Date: 31-JAN-2017
9trt:w*ir libtortcalFy Unclitnitituid Eign.iness Program
In accordance with the Memorandum of Agreement between the
CITY OF HOUSTON(COH)
and the Texas Comptroller of Public Accounts(CPA), the CPA hereby certifies that
SKE CONSTRUCTION LLC
has successfully met the established requirements of the State of Texas Historically Underutilized Business (HUB) Program to be
recognized as a HUB. This certificate, printed 08-APR-2016, supersedes any registration and certificate previously issued by the HUB
Program. If there are any changes regarding the information(i.e., business structure, ownership, day-to-day management, operational
control, addresses, phone and fax numbers or authorized signatures) provided in the submission of the business' application for
registration/certification into the COH's program, you must immediately(within 30 days of such changes) notify the COH's program in
writing. The CPA reserves the right to conduct a compliance review at any time to confirm HUB eligibility. HUB certification may be
suspended or revoked upon findings of ineligibility. If your firm ceases to remain certified in the COH's program, you must apply and
become certified through the State of Texas HUB program to maintain your HUB certification.
A• c-•;Lczary--,
Paul Gibson, Statewide HUB Program Manager
Texas Procurement and Support Services
Note: In order for State agencies and institutions of higher education(universities)to be credited for utilizing this business as a HUB,they must award
payment under the CertificateNID Number identified above. Agencies and universities are encouraged to validate HUB certification prior to issuing a
notice of award by accessing the Internet(http:/lwww.window.state.tx.us/procurementicmbl/cmblhub.html)or by contacting the HUB Program at
1-888-863-5881 or 512-463-5872.
•
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' ` U.S.SMALL BUSINESS ADMINISTRATION
fiivl., WASHINGTON, D.C.20416
, I".
.4,i 't N.
February 16,2012
Shelly A. Eberhart, Managing Member
SKE Construction, LLC
2151 Clifford Street
Alvin,Texas 77511
Dear Ms. Eberhart:
Congratulations!Your firm has been certified as a Participant in the U.S. Small Business
Administration's(SBA)8(a) Business Development Program.Your nine(9)year program term begins
on the date of this letter.
During participation in the 8(a) Business Development Program,you will receive business development
assistance from an assigned Business Development Specialist in the Houston District Office located at
8701 South Gessner Drive,Suite 1200, Houston,Texas 77074.The phone number is 713/7736500.
Your firm will become eligible to receive 8(a) Business Development contracts after you submit a
business plan using SBA Form 1010C and receive SBA's approval of the plan.We are sending a copy
of this certification letter to the SBA Houston District Office.That office will send you the business plan
form.
SBA requires that the 8(a) participant s President or Chief Executive Officer sign a Participation
Agreement to show that he or she understands the conditions of 8(a) program participation. Please
read the Agreement carefully,sign and date one copy and return it to the SBA Houston District Office at
the address sown in the second paragraph above.The second copy is for your records.
Even though our firm s approved North American Industry Classification System (NAILS)Code is
237110,your�irm may be awarded contracts under other NAILS Codes,as long as the firm is qualified
to perform th required service or task. In this regard,please note that contracts awarded under 8(a)
Business Development Program authority generally result from the self-marketing efforts of
participating firms.While your firm s acceptance into the 8(a) Business Development Program is not a
guarantee of contract support.SBA will make every effort to assist you in your marketing efforts.
I welcome you as an 8(a) Business Development Program participant and wish you every possible
success.
Sincerely,
t, /..., ________.
if .'
Darryl K. Hairston
Associate Administrator
�3u
.Board
• 110 Cooperative Purchasing
12007 Research Boulevard Austin,Texas 787592439
PH:8OO-6952919•FAX:8OO-2115454'www.buyboard.com
AFFIRMATION REGARDING CONSTRUCTION-RELATED GOODS AND SERVICES
A contract awarded under this Proposal Invitation covers only the specific goods and services awarded by
the BuyBoard. As explained in the BuyBoard Construction Related Goods and Services Advisory for Texas
Members ("Advisory', Texas law prohibits the procurement of ahftere or engineering
services through a purchasing cooperative. This BuyBoard contract does not Indude such
services. Architecture or engineering services must be procured by a Cooperative member
separately, in accoance with the Professional Services Procurement Act(Chapter 2254 of
the Texas Government Code)and other applicable law and local policy.
The Advisory, attached to this Form F, provides an overview of certain legal requirements that are
potentially relevant to a Cooperative member's procurement of construction or construction-related goods
and services, induding those for projects that may involve or require architecture, engineering or
independent testing services.
By signature below, the undersigned affirms that Proposer has read and understands the Advisory
attached to this Form F and is authorized by Proposer to make this affirmation. If Proposer sells
construction-related goods or services to a Cooperative member under a BuyBoard contract awarded
under this Proposal Irnitatlon, Proposer will comply with the Advisory and applicable legal requirements,
make a good faith effort to make its Cooperative member customers or potential Cooperative member
customers aware of such requirements, and provide a Cooperative member with a copy of the Advisory
before executing a Member Construction Contract with the member or accepting the member's purchase
order for constructionrelated goods or services,whichever comes first.
SKE Construction, LLC
I Company Name
A � �1 0 ' Shelly A Eberhart
Signature of orized Company Officl& Printed Name
08/25/2016
Date
FORM FPAGE 1 CONST.V.11.18.15
ft!!vBoard
• Cooperative Purchasing
12007 Research Boulevard •Austin,Texas 787592439
PH:8OO-6952919 FAX:8OO2115454•www.buyboard.com
BUY:OARD PROCUREMENT AND CONSTRUCTION-RELATED GOODS AND SERVICES
ADVISORY FOR TEXAS MEMBERS
Why mak purchases using BuyBoard? Purchasing through a cooperative or"interiocal contract"
satisfies • - requirement of local governments to seek competitive procurement for the purchase of
goods or 'ces. Therefore, you may purchase goods and services from a vendor through BuyBoard
without h•ving to conduct your own competitive procurement. If, however, you are procuring
constructlo -related services through a BuyBoard Job Order Contract(JOC)or contract for the Installation
of equipm.nt or materials (e.g., athletic fields and surfaces, kitchen equipment, HVAC, playground
equipment,or modular buildings),you may,as explained in this Advisory, need to procure certain aspects
of these - ices using a separate procurement process outside of the BuyBoard and should consult your
procurem- t officer and/or legal advisor for specific advice.
What is B Board's Procurement Process? The BuyBoard uses a competitive procurement process
to award •.• tracts to vendors for goods and services that the BuyBoard determines, based on an
evaluation if multiple criteria,represents the best value for its members.
How does BuyBoard award a contract to a vendor? As a condition of being awarded a BuyBoard
contract, a vendor is bound by and must agree to comply with all the terms of the BuyBoard's proposal
invitation or specifications), the vendor's proposal response, and any additional contract terms
negotiated with the BuyBoard member. Among other things, the vendor must honor the pricing
submitted 1 the vendor's proposal. THE PRICE YOU PAY FOR THE GOODS AND SERVICES COVERED BY
THE BUY=ig ARD CONTRACT MAY BE LESS THAN THE AWARDED PRICING, BUT CANNOT BE MORE.
AddiUonall ,the vendor must comply with the BuyBoard contract's general terms and conditions,and any
additional 1-rms and conditions that apply to the specific BuyBoard contract, as set out in the proposal
invitation.
How does a BuyBoard member make purchases through the Buya contract! You utilize
the award ' BuyBoard contract by Issuing a signed purchase order through the BuyBoard online
application to procure the selected goods or services. Although BuyBoard must receive a copy of the
signed purchase order, BuyBoard does not review or approve the purchase order or other supplemental
agreement that you obtain — this is a matter between you and the vendor. If construction-related
services are procured through the BuyBoard, additional contracts with professionals and the contractor
may be uired, depending on the nature and scope of the services. As stated above, you should
consult you procurement officer and/or legal advisor for specific advice.
How do I ow that my entity has made a purchase through the BuyBoard?
BuyBoard ust have a copy of the purchase order In order for the purchase to be considered a BuyBoard
procureme t. To ensure that your entity has satisfied state law requirements for competitive
procurem- t, make sure that the BuyBoard has your purchase order. Do not rely on the vendor to
submit the purchase order on your behalf; it is your responsibility to make sure that the-BuyBoard has
the signed •urchase order. You may log in to wwwyIp £corr using your member I.D. and password
to view the Purchase Order Status Report to confirm that the purchase order is in the BuyBoard system.
What sho Id BuyBoard members consider when using BuyBoard for construon-mlated
purcha - - While purchasing goods and services through BuyBoard satisfies your legal requirement to
competiti -y procure a good or service, as a general matter you must keep in mind other legal
requiremen that may relate to the purchase, especially when using BuyBoard for construction-related
procureme t.
FORM FPAG 2 CONST.V.11.18.15
�u
.Board
Cooperative Purchasing
12007 Research Boulevard Austin,Texas 787592439
PH:8OO4952919•FAX:8OO2115454•www.buyboard.com
When making construction-related purchases through a BuyBoard contract, BuyBoard members must
consider the following:
• Best value determination. In compliance with Texas law and any local policy, your entity
must first determine that purchasing through an interlocal contract or purchasing cooperative is
the procurement method that will provide best value." This is done by the governing body(e.g.,
board of trustees, council, commissioners' court, etc.) or may be delegated by the governing
body to an individual or committee,with written notice.
> Products or services not covered by the BuyBoard contract. The BuyBoard contract
covers only the specific goods and services awarded by the BuyBoard. If you want to purchase
from a BuyBoard vendor goods or services from a BuyBoard vendor that are not covered by the
vendor's BuyBoard contract, such as architectural, design, or engineering services, you must
procure them separately in accordance with state law and local policy.
➢ Architectural or Engineering and Independent Testing services. If your procurement
inductee a construction component that requires architectural or engineering services, you must
procure those services separately. YOU MAY NOT PROCURE ARCHITECTURAL OR ENGINEERING
SERVICES THROUGH A BUYBOARD CONTRACT.Texas law requires architectural and engineering
services to be obtained in accordance with the Professional Services Procurement Act (Chapter
2254 of the Texas Government Code) and prohibits them from being procured through a
purchasing cooperative.'I
o Architecture.A new building owned by a political subdivision having construction costs
exceeding $100,000 or an alteration or addition to an existing building having construction
costs exceeding $50,000 must have architectural plans and specifications prepared by an
architect." (An "alteration" or "addition" for purposes of this requirement requires the
removal, relocation,or addition of a wall or partition or the alteration or addition of an exit.)
o Engineering. If the goods or services procured through the BuyBoard will involve
engineering in which the public health,welfare,or safety is involved,the plans for structural,
mechanical, electrical, electronic, fire suppression, geotechnical systems, foundation design,
surface water drainage, plumbing and certain roof modifications and associated estimates
must be prepared by an engineer, and the engineering construction must be performed
under the direct supervision of an engineer.' The Engineering Practice Act provides two
exceptions to this rule — no engineer is required if (1) the project involves mechanical or
electrical engineering and will cost $8,000 or less, or (2) the project does not require
mechanical or electrical engineering and will cost$20,000 or less.'
o independent Testing. If acceptance of a facility by a public entity involves
independent testing of construction materials engineering and/or verification testing services,
the testing services should be procured under the Professional Services Procurement Act,and
may not be procured under a BuyBoard contract.
o Written Certification. Effective 09/01/2013, a local governmental entity purchasing
cons uct1onrelatecI goods and services through a cooperative in an amount that exceeds
$50,000 must designate a person to certify in writing that the project does not require the
preparation of plans or specifications by an architect or engineer OR that an architect or
engineer has prepared the plans or specificatIons. '
FORM F-PAGE 3 CONST.V.11.18.15
1 a Board
• • Cooperative Purchasing
12007 Research Boulevard•Austin,Texas 787592439
PH:800-695-2919 FAX: 8OO-2115454•www.buyboard.com
ds. You must also consider whether the vendor is required to provide a payment or
pe ormance bond. A payment bond is required for contracts that exceed $25,000 to protect
su ••nbractors who supply labor or materials for the project. A performance bond is required for
a .ntract that exceeds $100,000, to protect the local government if a contractor fails to
co plate the project."m Without payment and performance bonds, if the contractor fails to pay
its subcontractors or to complete the project, the public entity that entered the contract can be
help responsible for payment daims or costs to complete.
Co struction Contract Even though the procurement of construction or constructionrelated
se Ices may be through the BuyBoard,your construction contract is between your entity and the
co tractor. The BuyBoard contract's general terms and conditions, standing alone, are not
s dent to document your entity's specific transaction. THEREFORE, YOU SHOULD USE AN
A ROPRIATE FORM OF CONSTRUCTION CONTRACT JUST AS YOU WOULD DO IF YOU
PROCURED CONSTRUCTION SERVICES INDEPENDENTLY, USING COMPETITIVE SEALED
PR'POSALS.The contract must contain provisions required by state law inducting: performance
an., payment bonds, requirements for payment of prevailing wages to all construction workers,
wo ers' compensation coverage for all workers and, on projects where contractor employees
in-, have direct contact with students, criminal history record checks. Other provisions which
sh'uld be considered in the construction contract are retainage,contingency, liquidated damages
an., dispute resolution, among others. By supplementing the BuyBoard contract with an
aproprlate form of construction contract, you ensure that your entity's unique interests are
ad..ressed and that your entity can enforce the contract directly.
D �al advice. Because of the variety of laws that relate to construction-related purchasing and
th potential risk of high exposure, you are well-advised to consult with your entity's legal
• nsel before procuring construction-related goods and services under any procurement
m od,inducting a purchasing cooperative.
This Advi- ry is provided for educational purposes only to faciIite a general understanding
of the la .This Advisory is neither an exhaustive treatment on the subject nor is it intended
to substi for the advice of an attorney.
For more I formation about BuyBoard,contact us at 800-695-2919.
I. T Gov't Code§791.025 and Tex.Local Gov't Code§271.102.
Ii. Tex Ed.Code§44.031(a)(school districts);Tex.Local Gov1t Code§252.043(aXmunlclpaftties)and§262.022(5-a)and
§26'.027(countles)
M. Tex Gov't Code§2254.004 and§791.011(h)
Iv. Tex Oa.Code§1051.703
v. Tex Oa.Code§1001.0031(c)
vf. - TexOcc.Code1OO1.O53
viG Tex Gov't Code§791.011(j),effective September 1,2013
viii. Tex Gov't Code§2253.021(a)
Issued Mardi 31,2014
FORM F-PAcE 4 CONST.V.11.18.15
�3u
Board
Cooperative Purchasing
12007 Research Boulevard•AustIn,Texas 78759-2439
PH:800-695-2919'FAX:800-211-5454•www.buyboard.com
DEVIATION AND COMPLIANCE SIGNATURE FORM
If your company intends to deviate from the General Terms and Conditions, Item Spedfications or other
requirements associated with this Proposal Invitation,you must list all such deviations on this form, and
provide complete and detailed information regarding the deviations on this form, an attachment to this
form, or elsewhere in your Proposal. (If you do not provide the information on or as an attachment to
this form,the information must be dearly identified in your Proposal.)The Cooperative will consider any
deviations in its contract award derision,and reserves the right to accept or reject a proposal based upon
any submitted deviation.
In the absence of any deviation identified and described in accordance with the above, your company
must fully comply with the General Terms and Conditions, Item Specifications and all other requirements
associated with this Proposal Invitation if awarded a contract under this Proposal Invitatlon.
El NO;Deviations
❑ Yes; Deviations
List and fully explain any deviations you are submitting:
pLEASE PROVIDE THE F011,91NxNG INFORMATION:
1.Shipping Via: El Common Carries Ei Company Truck L] Prepald and Add to Invoice Other:
2. Payment Terms: Net 30 days ❑ 1%in 10/Net 30 days ❑ Other:
3. Number of Days for Delivery: 30 ARO
4.Vendor Reference/Quote Number: _
5.State your return policy:
NIA
6.Are electronic payments acceptable? Efres ❑ No
7.Are credit card payments acceptable?DYes El No
SKE Construction, LLC
• f••ny ame
741 " Shelly A Eberhart
ignature of thorized Company Official Printed Name
FORMG 1 CONST.V.11.18.15
iA!vBoard
ao � Cooperative Purchasing
12007 Research Boulevard Austin,Texas 78759-2439
P11:800-695-2919•FAX:800-211-5454•www.buyboard.com
DEALERSHIP LISTINGS
If you have more than one location that will service a contract awarded under this Proposal Inv(tatlon,
please list each location below. If additional sheets are required,please duplicate this form as necessary.
SKE Construction, LLC
Company Name
15921 Stone Oak Estates Ct
Address
Cypress Texas 77429
City State Zip
281-585-4100 281-585-5707
Phone Number Fax Number
Shelly A Eberhart
Contact Person
N/A
Company Name
Address
City State Zip
Phone Number Fax Number
Contact Person
FORM H CONST.V.11.18.15
ALYBoarde
i t i 1 I u y
0 Cooperative Purchasing
12007 Research Boulevard • Austin, Texas 78759-2439
PH: 800-695-2919 • FAX: 800-211-5454 •www.buyboard.com
TEXAS REGIONAL SERVICE DESIGNATION
Unless you designate otherwise on this form, you agree to service members of
The Local Government Purchasing Cooperative statewide!
The Cooperative (referred to as "Texas Cooperative"in this form and in the State Service Designation form)offers
vendors the opportunity to service its members throughout the entire State of Texas. If you do not plan to service
all Texas Cooperative members statewide, you must indicate the specific regions you will service on this form.
Additionally, if you do not plan to service Texas Cooperative members (i.e., if you will service only states other
than Texas), you must so indicate on this form.
Regional Education Service Centers S3 I will service Texas
Cooperative members
statewide.
Ts - ❑ I will not service Texas
' j• s4 �..-.m...... Cooperative members
am'S.�..."'�G:'
1 �//aa'•'•+J""li , statewide. I will only
-1-4-1-- - '," .,._, '�_ service members in the
I
J `, 1..
?, v .,..y : regions checked below:
In ;�- t.••• .•„M,;.�, -1- 1_" :�. I .,w" µ,,; Region Headquarters
`r'; ❑ 1 Edinburg
.,-.- (...`[�:�.,-._.1..w.i z..i:h.,, ...•t,. 47.------ ❑ 2 Corpus Christi
-4-11k
•,:-4- I .,1,.... r- ....4.,--.-, .-1.--...........'w,:i. .._,...1111k \ ',,Zr.
T.
t�
o .7 __ .. 444x00. ❑ 4 Houston
-Ie$l 077 )„:I........,`.,.....
ft., ..,� , . ,..p v,74, �: , ❑ 5 Beaumont
._. . , . .1';, , ..�. ,.. ❑ 6 Huntsville
,.r . ..
�- ir,,_-- eV. '', '-j�..f... (1 El 7 Kilgore
--\. .. ..if — 7°-- `yi- -1-1--.g0----. ' <t(.......'y ❑ 9 Wichita Falls
�/
F --' • 1 0 Richardson
�� ''` ❑ 11 Fort Worth
1,::(,.."-:� ❑ 12 Waco
2-;:::1 El 13 Austin
%;.- •-lit CI Abilene
/-/ •• 'a ❑ 15 San Angelo
` `':'
-- i ❑' 16 Amarillo
SKE Construction, LLC ❑ 17 Lubbock
El 18 Midland
C m any home
❑ 19 El Paso
, ,l,k),
_. , r* ic..\, . (.\.
Qf;11 ❑ 20 San Antonio
J
Signature of Pft'uttlorized Company Official
Shelly A -E b e rh a rt Cl I will not service members
Printed Name of the Texas Cooperative.
FORM I CONST.V.11.18.15
A!vBoard
0 0 Cooperative Purchasing
12007 Research Boulevard•Austin,Texas 78759-2439
PH:800-695-2919 FAX:800-211-5454•www.buyboard.com
STATE SERVICE DESIGNATION
The Cooperative offers vendors the opportunity to service other governmental entities in the United States,
induding intergovemmenthi purchasing coopeUves such as the National Purchasing Cooperative Buy . You
must complete this form if you plan to service the entire United States, or will service only the specific states
indicated. (Note: If you plan to service Texas Cooperative members, be sure that you complete the Texas
Regions/Se/vice DesiznaUon form.)
❑ I will service all states in the United States.
0 I will not service all states in the United States. I will service only the states checked below:
II Alabama
o Alaska 0 Nebraska
o Arizona 0 Nevada
O Arkansas [] New Hampshire
o California(Public Contract Code 20118&20652) 0 New 3ersey
o Colorado 0 New Mexico
o Connecticut New York
Li Delaware 0 North Carolina
O District of Columbia 0 North Dakota
0 Florida El Ohio
0 Georgia [3 Oklahoma
O Hawaii 0 Oregon
D Idaho 0 Pennsylvania
o Illinois D Rhode Island
O Indiana 0 South Carolina
O Iowa D South Dakota
o Kansas ❑Tennessee
O Kentucky 0 Texas
II LouIsiana 0 Utah
o Maine El Vermont
o Maryland 0 Virginia
Li Massachusetts D Washington
UMichigan 0 West Virginia
o Minnesota 0 Wisconsin
0 Mississippi D Wyoming
o Missouri
O Montana
This form II be used to ensure that you can service other governmental entities throughout the United Statesas.
indicated. our signature below confirms that you understand your service commitments during the term of a
contract aw rded under this proposal.
SKE Construction,LLC
i III ' i • I ç pany Name
.. � 1 Shefly A Eberhart
�• ature o Au i orized Company Offidal Printed Name
FORM 3 CONST.V.11.18.15
A!vBoard
O • Cooperative Purchasing
12007 Research Boulevard•Austin,Texas 78759-2439
PH:800-695-2919•FAX:800-211-5454•www.buyboard.com
NATIONAL PURCHASING COOPERATIVE VENDOR AWARD AGREEMENT
In accordance with the Terms and Conditions assodated with this Proposal Invitatlon,a contract awarded
under this Proposal Invitation may be "piggy-backed" by another governmental entity. The National
Purchasing Cooperative is an intergovernmental purchasing cooperative formed by certain school districts
outside of Texas to serve its members throughout the United States. If you agree to be considered for a
piggy-bads award by the National Purchasing Cooperative,you agree to the following terms and agree to
serve National Purchasing Cooperative members in the states you have indicated on the State Service
Designation form,in your Proposal.
By signing this form,Proposer(referred to in this Agreement as"Vendor'?agrees as follows:
1. Vendor acknowledges that if The Local Government Purchasing Cooperative ("Texas Cooperative")
awards Vendor a contract under this Proposal Invitatlon ("Underlying Award"), the National Purchasing
Cooperative("National Cooperative") may- but is not required to-"piggy-back"on or re-award all or a
portion of that Underlying Award ("Piggy-Bads Award"). By signing this National Cooperative Vendor
Award Agreement("Agreement"),Vendor accepts and agrees to be bound by any such Piggy-Bads Award
as provided for herein.
2. In the event National Cooperative awards Vendor a Piggy-Back Award, the National Cooperative
Administrator ("BuyBoard Administrator") will notify Vendor in writing of such Piggy-Bads Award, which
award shall commence on the effective date stated in the Notice and end on the expiration date of the
Underlying Award, subject to annual renewals as authorized in writing by the BuyBoard Administrator.
Vendor agrees that no further signature or other action is required of Vendor in order for the Piggy-Bads
Award and this Agreement to be binding upon Vendor. Vendor further agrees that no Interlineations or
changes to this Agreement by Vendor will be binding on National Cooperative, unless such changes are
agreed to by its BuyBoard Administrator in writing.
3. Vendor agrees that it shall offer its goods and services to National Cooperative members at the same
unit pricing and same general terms and conditions, subject to applicable state laws in the state of
purchase, as required by the Underlying Award. However, nothing in this Agreement prevents Vendor
from offering National Cooperative members better (i.e., lower) competitive pricing and more favorable
terms and conditions than those in the Underlying Award.
4. Vendor hereby agrees and confirms that it will serve those states it has designated on the State
Service Designation Form of this Proposal Invitatlon. Any changes to the states designated on the State
Service Designation Form must be approved in writing by the BuyBoard Administrator.
5. Vendor agrees to pay National Cooperative the service fee provided for in the Underlying Award based
on the amount of purchases generated from National Cooperative members through the Piggy-Back
Award. Vendor shall remit payment to National Cooperative on such schedule as it specifies(which shall
not be more often than monthly). Further, upon request,Vendor shall provide National Cooperative with
copies of all purchase orders generated from National Cooperative members for purposes of reviewing
and verifying purchase activity. Vendor further agrees that National Cooperative shall have the right,
upon reasonable written notice, to review Vendor's records pertaining to purchases made by National
Cooperative members in order to verify the accuracy of service fees.
•
FORM K-PAGE 1 CONST.V.11.18.15
�3u
Board
� 40 Cooperative Purchasing
12007 Research Boulevard Austin,Texas 787592439
PH:800-695-2919•FAX:800-211-5454 www.buyboard.com
6. Vendor agrees that the Underlying Award, including its General Terms and Conditions,are adopted by
reference to the fullest extent such provisions can reasonably apply to the post-proposal/contract award
phase. The rights and responsibilities that would ordinarily inure to the Texas Cooperative pursuant to
the Underlying Award shall inure to National Cooperative; and, conversely, the rights and responsibilities
that would ordinarily inure to Vendor in the Underlying Award shall inure to Vendor in this Agreement.
Vendor recognizes and agrees that Vendor and National Cooperative are the only parties to this
Agreement,and that nothing in this Agreement has application to other third parties, including the Texas
Cooperative. In the event of conflict between this Agreement and the terms of the Underlying Award,
the terms of this Agreement shall control,and then only to the extent necessary to reconcile the conflict.
7. This Agreement shall be governed and construed in accordance with the laws of the State of Rhode
Island and venue for any dispute shall lie in the federal district court of Alexandria,Virginia.
8. Vendor acknowledges and agrees that the award of a Piggy-Bade Award is within the sole discretion of
National Cooperative,and that this Agreement does not take effect unless and until National Cooperative
awards Vendor a PiggyBack Award and the BuyBoard Administrator notifies Vendor in writing of such
Piggy-Bade Award as provided for herein.
WHEREFORE, by signing below Vendor agrees to the foregoing and warrants that it has the authority to
enter into this Agreement.
SKE Construction, LLC 520-16
Nag of V- dor 4 Proposal Invitation Number
► � � � ShellyAEberhart
ignature of A is rued Company Offidal Printed Name of Authorized Company Official
08125/2116
Date
FORM K-PAGE 2 CONST.V.11.18.15
�u
�Boa�d
� 11, Cooperative Purchasing
12007 Research Boulevard•Austin,Texas 787592439
PH:800-695-2919 'FAX:80G211-5454•www.buyboard.com
FEDERAL ANDSTATEJURCHASINGCOO1'ERATIVEJ)TSCX)UNT COMPARISON FORM
The Cooperative strives to provide its members with the best services and products at the best prices available. The
Coopeve determines whether pces/d1scoun are fair and reasonable by comparing prices/discounts stated in
your Proposal with prices/discounts you offer federal and state entities and other inteol purchasing coopetives
(collectively referred to as"purchasing cooperative"in this form). Please respond to the following questions.
1. Provide the dollar value of sales to or through purchasing cooperatives at or based on an established catalog or
market price during the previous 12-month period or the last fiscal year: $
period of the 12 month period Is, / ). In the event that a dollar value is not an appropriate
measure of the sales,provide and describe your own measure of the sales of the item(s).
2. Based on your written discounting policies are the discounts you offer the Cooperative equal to or better than
the best price you offer other purchasing cooperatives acquiring the same Items regardless of quantity or terms
and conditions?
YESD NOD
3. Based on your written discounting policies, provide the information requested below for other purchasing
cooperatives, either in the chart below or In an equivalent format. Rows should be added to accommodate as
many purchasing cooperatives as required.
PURCHASING GROUP DISCOUNT COb) QUANTITY/VOLUME FOB TERM
1.Federal General Services Adm.
2.TPASS
3.U.S.Communities Purchasing Alliance
4.The Cooperative Purchasing Network
5.Houston-Galveston Area Council
6.Other
0■ MY COMPANY DOES NOT CURRENTLY HAVE ANY OF THE ABOVE OR SIMILAR TYPE CONTRACTS.
CURRENT BUYBOARD VENDORS
If you are a current BuyBoard vendor, indicate the discount for your current BuyBoard contract and the proposed
discount in this Proposal. Explain any difference between your current and proposed discounts.
Current Discount(%): Proposed Discount(%):
explanation:
By signature below,I certify that the above is true,complete and accurate and that I am authorized by my company
to make this certification.
SKE Construction, LLC
\ 2Company Name
jçJ\J2L.CQ .., Shelly A Eberhart
ignature of orized Company Official Printed Name
FORM L � CONST.V.11.18.15
iA!vBoard
• • Cooperative Purchasing
12007 Research Boulevard Austin,Texas 78759-2439
PH: 800-695-2919 FAX:800-211-5454•www.buyboard.com
GOVERNMENTAL REFERENCES AND PRICE/DISCOUNT INFORMATION
For your Proposal to be considered, you must supply a minimum of five (5) individual governmental entity
references. Provid the information requested below, including the existing price/discounts you offer each customer.
The Cooperative dëteines whether prices/discounts are fair and reasonable by comparing pces/dlscoun stated
in your Proposal with the prices/discounts you offer other governmental customers. Attach additional pages if
necessary.
Quantity/
Entity Name Contact Phone# Disco umFaB1emi
nt Vole u
1Cityof Baown-DaIe Hughes-(281) 42O6548-O%-N/AN/A
2.City of Deer Park-Brent Cosflow-(281) 838-9969- % NIAN/A
3Sheppard AFB-Lewis Kennerner (94O) 676-3206-0%-N/A-N/A
4 City of Round-Rock Chris Spencer (51 2)
5 SJ RA-Ed aldonaldo-(936) 82773650%-N/A-N/A
Do you ever modify your written policies or standard governmental sales practices as idenfi in the above chart to
give better discounts(lower prices)than indicated? YES ID NOEJ If YES, please explain:
SKE practic s "Value Engineering" If there is a decrease in the cost of materials
previously uoted, a decrease is passed on to the "Owner"
_____.
By signature belovi, I certify that the above is true and correct and that I am authorized by my company to make
this certification.
SKE Constuction, LLC
csi 'any :me .
A 1 I . - ' la 0 , /
S g •tore of A 1 orized Company Official
Shelly A Lrhart
Printed Name
FORM M CONST.V.11.18.15
t•
a.... .....LI.,BOard
0 Cooperative Purchasing
12007 Research Boulevard •Austin Texas 78759-2439
PH: 8OO6952919 • FAX: 800-211-5454 •www.buyboard.com
MARKETING STRATEGY
r Zvi l I use.„„ifv,the_Co9perative the a ou aece �s
subm� e � rket�n S� t
n i r rnus� th a
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r h. dV-rx t yy ( z --:I�.r rt,. rF 1t.�AA .ram: ,::�.. �', .�', :r,f;: r:� jy!�" •_A. v h., ,::'�,. '... .. .-:.-.'.:.-'4 �: ,}�rv.. .,.r�� .. ,_ -F^, ......,_.:. -t. r •"3,u 4 ,' t�l 'rid''-. =Y
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- .v... .•.. ..�._ _ ..:: ..- ...... a:-. '.R .x.., _r'. .•i.,-a, -,ti y r d,!�. •4 Y•'!.' ..r.•e.•S'ti!:lrJn s}» ra..rrad•_L"x tt�r.0 �, ...�....r."k',�i'r -'� _,R
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♦a5=.--1-_ -'--- _.-,_�P:.1. .:x _-•:t-_r-�-�+r:_�•�,w_r.�vxS 4,.r.+.J'.v.M-_,/.s-�.�4.,_ .,:r'�r[._: .r� T hr•Y'r•,7 _._a 111' :�• .J'a L►!'n -�- -1�s..^,.�..•,.,�/, ¢.»�Pb _ .. ..,. _.. ...r. . [
i ' pages if necessary.Attach addnal
vendor list.We wouldadd our Buyboard
for the opportunity
to become apart ofthe Buyboard's
SKE is excited
marketing1 n.With our rrent Customers and the Engineeringfirms wegive monthly into our current a cu
participation
demonstrations to,we would meet with them and discuss the advantages of them becomingapart of the Coop,if theyare not
andCore contracts and ive them the
h f o
would provide therm t o details r JQG ezl C o u INe
already members.
information on t
e twodifferingtypes, sothat
they
can determine which is best for their needs, on a per
rw r h r nw w t Bu b oar o o to ou a site oc u es a
the o o s errn�ss�on a ou a eproject
knowledge o u oa
r an our a ici a ion.
emails
SKE Construction, LLC
� na ores
o e s reathe
•-' pany Name
ll /
' ,.
i y4
i • 1__ . I
--- - 1 , - .'
' '
:A.,,: . ,,_ , :, . ,- ,::" , ,, , ;,. ,
A
A ,.•razed Com an Offaal,,,,,, __ , ,.
S� nature of uP Y9 :.'
Shelly
Eberhart
Printed Name
FORM N CONST.V.11.18.15
Board
• • Cooperative Purchasing
12007 Researth Boulevard•Austin,Texas 787592439
PH:8OO4952919 FAX:8OO2115454'www.buyboard.com
CONFIDENTIAL/PROPRIETARY INFORMATION FORM
" * •
All Proposals, firms;documentation, or other materials submitted by Vendor to the Cooperative in response
to this Propose Invitation may be subject to the disclosure requirements of the Texas Public Information Act
(Texas Govern ent Code chapter 552.001, et seq.)or similar disclosure law. Proposer must dearly identify
on this form a y information in its Propose! (including forms, documentation, or other materials submitted
with the Propo .1) that Proposer considers proprietary or confidential. If Proposer falls to properly identify
the Informatlo , the Cooperative shall have no obligation to seek protection of such information from public
disclosure dio Id a member of the public or other third party request access to the information under the
Texas Public In ormatlon Act or similar disclosure law. Proposer will be notified of any third party request for
information in Proposal that Proposer has identified in this form as proprietary or confidential.
Does your Pro.• •I (including forms,documentation, or other materials submitted with the Proposal)contain
Information wh ch Vendor considers proprietary or confidential?
I .1 t. •,,
NO,I •_miry that none of the information Included with this Proposal is considered confidential or proprietary.
ElYES,I rtify that this Proposal contains information considered confidential or proprietary and all such
in ormation is specifically identified on this form.
If you respon ed "YES", you must Identify below the specific information you consider confidential or
proprietary. U each page number, form number, or other Information sufficient to make the information
readily identifi.ble. The Cooperative and its Administrator will not be responsible for a Proposers failure to
dearly Identi information considered confidential or proprietary. Further, by submitting a Proposal,
Proposer ackn• ledges that the Cooperative and its Administrator will disclose information when required by
law, even if su Information has been identified herein as information the vendor considers confidential or
proprietary.
Confidential/ •roprtetary Information:
Street address as 6 •on Form H
(Attach additional • Cc ffneeded)
FORM OPAGE 1 CONST.V.11.18.15
ikifigOard.
• • Cooperative Purchasing
12007 Research Boulevard•Austin,Texas 78759-2439
PH:800-695-2919•FAX:800-211-5454•www.buyboard.com
ft.CopydgJUnfQrInation
Does your Proposal(including forms, documentation, or other materials submitted with the Proposal)contain
copyright information?
•
PIeacediecLcv')ppepf the follokg;
EiNO, Proposal(Induding forms,documentation,or other materials submitted with the Proposal)does not
contain copyright information.
ElYES, Proposal(induding forms,documentation,or other materials submitted with the Proposal)does
contain copyright information.
If you responded"YES",identify below the specific documents or pages containing copyright information.
Copyright Informatlon:
(Attach additional sheets if needed)
IL.' ll.7.•I �.1• !i 1 ��\ _�!lli lL_ _11l!,111_:1. ..1 it 11 ill '-• t-
BuyBoard members(Cooperative and nonprofit members) seeking to make purchases through the BuyBoard
may wish to view Information induded in the Proposals of awarded Vendors. If you identified Information on
this form as confidential, proprietary,or subject to copyright,and you are awarded a BuyBoard contract,your
acceptance of the BuyBoard contract award constitutes your consent to the disclosure of such information to
BuyBoard members, including posting of such Information on the secure BuyBoard website for members.
Note: Neither the Cooperative nor its Administrator will be responsible for the use or distribution of
information by BuyBoard members or any other party.
By signature below, I certify that the information in this form is true, complete, and accurate and that I am
authorized by my company to make this certification and all consents and agreements contained herein.
SKE Construction, LLC
..ny a:me
1\ $ 11 ,
• .ir4
Signature of i orized Company Official
Shelly A -berhart
Printed Name
08/25/2016
Date
•
FORM 0-PAGE 2 CONST.V.1L18.15
13u
Board
Cooperative Purchasing
12007 Research Boulevard •Austin,Texas 787592439
PH: 8OO-6952919 •FAX:8OO-2115454•www.buyboard.com
VENDOR BUSINESS NAME FORM
By submitting -1 Proposal, Proposer is seeking to enter into a legal contract with the Cooperative. As such,a
Proposer must be an Individual or legal business entity capable of entering into a binding contract.
Proposers, mu completely and accurately provide the Information requested below or your Proposal may be
deemed non- _-ponsive.
Name of Pro sing Company: SKE Construction,LLC
(list the frgj na of the company seeking to contract with the Cooperab%e. A/jQ /ist an assumed name, dba,aka, etc Iiee.
Such Information :ybe provided below. If you are su/xniWnga Joint proposal with another entity provide au vposed goods
or aerv/ce4 each entity should complete a separate vendor Info,rnatIon fo,m. Separately operaling legal business entltles
even If affiliated en ,'-,which propose to provide goods or services separately must submit their own Proposals.)
- .1 • - • AI I.11
of BusL :
Individual/Sole 'roprietor
Corporation
Limited Uabib Company x
Partnership
Other If other, Identify
State of Inoo ration(if applicable): Texas
Federal Empl yer Identification Number: 2O5217354
(Vendorrnustindude a completed IRS W-9 form with them proposal)
List the Name()by which Vendor, if awarded,wishes to be Identified on the BuyBoard: (Note: If different than
the Name of Fv.',ng Company listed above,only valid trade names(tea,aka, etc)of the Pivpowng Company may be used and a
copy of your Assv ,Name Ceiiflcate(s),If applicatile,must be attached.)
SKE Const ction, LLC
•
FORM P CONST.V.11.18.15
•
Form WI-a Request for Taxpayer I Give Form to the
(Rev.January 201) Identification Number and Certification requester.Do not
DeparUti.doftheTreaswy
send to the IRS.
IntunlRevwwsSice --
Name(as shown on your income tax return)
SKE Construction,LLC _
Business if different above
•
asi Check appropriate box ffederaI tax
dfoA(TSCud) 0 incoviduavade proprietor 0 CCorporati°n 0 S Corporation 0 Partnership ❑TntJe
to I
p Limited liability company.Enterthetaxclassificatlon(C=Ccorporatlon.S=Scorporatlon,P=partnersIp)► C O ExemPt PaYee
0 Other(see Instructkms)
E.;
address(number.a►est,and apt.or suite no.) Requesters nerve and address(options!)
PO Box 1111
,„ _
City.state.and LP code
to Cypress.Texas 77410 --
LcouMnumber(s)hem(opdon$}
P a rt I Taxpayer Identification_Number(TIN)
EnteryourllN your In the appropriate box.TheliN provided must match the name given on the•Na►ne•Ixr Soda+ee«utgr number
to avoid backup withholding.For individuals.this Isyour social security number(SSM.However.for a I 11 _T
resident alien,sole proprietor.or disregarded entity,see the Part linstructions on page 3.Forother I I
entldes,it Is youremployerdentlflcatlon employer number(EIN).If you do not have a number.see Flow to get a
77N on page 3.
Note.If the account Is in more than one name,see the chart on page 4 for gum on whose Empioyer identification number
number to enter.
2 0 -71z' i
7 3 5 4
- -
Part II Certification
Under Penalties of perjury,I certify that
1. The number shown on this form is my correct taxpayer Identification number(or lam waiting for a number to be Issued to me),and
2. I am not subject to backup withholding because:0)I am exempt from backup withholding.or(b)I have not been notified by the Interval Revenue
Service( )thatl am subject tobkup withholding as a result of a fallureto report all interest or dividends.or(d the IRS has notified me that I n
no longer subject to backup withholding.and
3. 1am a U.S.citizen or other U.S.person(defined below).
Certification instructions.You must cross out Item 2 above if you have been notified by the IRS that you are currently subject to backup withholding
because you have failed to report all In =:<. and dividends on your tax return.For peal estate transactions,Rem 2 does not apply.For mortgage
Interest Paid.acquisition or abandon = • secured property,cancellation of debt,contributions to an Individual retirement arrangement(IRA),and
generally,payments other than te - .dMden's, ou are not re aired to sign - IfItIon,but you must provldeyourcorrectTlN.See the
instructions on page 4.
� , of / �Sign f / 1-11
�1
Here us.nena�► 1 :=� u,t.► ,
General Inst coons Note.Ifarequestergives you a form other than Form W-9 to request
Section references me to the internal Re =• =Code unless otherwiseyour T1N,you must use the requesters form IfftIs substantially similar
to this Form W9.
noted. Definition of a U.S.person.For federal tax purposes.you are
Purpose of Form considered a U.S.person If you are:
A person who is required to file an Information return with the IRS must •Au bdMdual who is a U.S.dtiaen or U.S.resident alien.
obtain your number(TIN)to report,for •A partnership,corpo►etlon,company,or association created or
example,Income Paid to You.real estate transactions,mortgage interest organized in the United States or under the laws of the United States,
You paid.acquisition or abandonment of secured property,cancellation •An estate(otherthan a foreign estate),or
of debt,or contributions you made to an IRA.
Use Form W-9 only If you are a U.S.person(including a resident •Adomestic trust(as defined in Regulations section 3O1.77O17).
a1ten),to provldeyourcorrectllNyour to the person requesting ft(the Special pules for partnerships.Paitnerships that conduct a trade or
requester)and,when applicable.to: In the United States are generally required to pay a withholding
tax on any foreign partners'share of Income from such busIness.
1.Certify that the TIN you are giving is correct(or you are waking for a wooer,In certain cases where a Farr W-9 has not been received,a
number to be ISSUed), partnership is required top that a partner is a foreign person,
2.Certlfythatyou are not subject to backup withholding,or and pay the withholding tax.'Therefore.if you are a U.S.person that isa
3.ClaIm exemption from backup withholding if you are a U.S.exempt,your partner
provide In a partnership
co-9 to nducting
n9 partnership to establish your U.S.trade or busincos In the u
allocable Shpayee.If an rryicable,�u are also PaRnersMp Income�from U.S.trade or that as a U.S. business status and avoid withholding on your share of partnership incase.
Is not subject to the withholding tax on foreign partners'share of
elfecUvely connected Income.
Cat.No.10231X Form W-9(Rev.1-201 i)
$u
Board
• • Cooperative Purchasing
12007 Research Boulevard•Austin,Texas 78759-2439
PH:800-695-2919 FAX:800-211-5454•www.buyboard.com
EDGAR VENDOR CERTIFICATION FORM
(2 CFR Part 200 and Appendix iI)
When a Cooperative member seeks to procure goods and services using funds under a federal grant or
contract, specific federal laws, regulations, and requirements may apply in addition to those under state
law. This includes, but is not limited to, the procurement standards of the Uniform Administrative
Requirements,Cost Principles and Audit Requirements for Federal Awards, 2 CFR 200(sometimes referred
to as the "Uniform Guidance" or new "EDGAR"). All Vendors submitting proposals must complete this
EDGAR Certf cation Form regarding Vendor's willingness and ability to comply with certain requirements
which may be applicable to specific Cooperative member purchases using federal grant funds. This
completed form will be made available to Cooperative members for their use while considering their
purchasing options when using federal grant funds. Cooperative members may also require Vendors to
enter into andllary agreements, in addition to the BuyBoard contract's general terms and conditions, to
address the member's spedfic contractual needs,including contract requirements for a procurement using
federal grants or contracts.
For each of the items below, Vendor should mai*Vendor's agreement and abII!
whe applibIe, by having Vendor's aoñz th and InMal the
applIbIe boxes and sign the aow!edgment at the end of this form. If you fail iv
cvaplete ny item in th/s term, the Cooperative will wnder and may list the Vendor's
tease on the BuyBoard as "NO,"the Vendor is unable or unwilling to comply. A "NO"
response to any of the Items may, if applicable, impact the ability of a Cooperative member to purchase
from the V. dor using federal funds.
1. Vendo Violation or Breach of Contract Terms:
Contracts f.r more than the simplified acquisition threshold currently set at $150,000, which is the
inflation ad usted amount determined by the Civilian Agency Acquisition Council and the Defense
Acquisition °egulations Coundl (Coundls) as authorized by 41 USC 1908, must address administrative,
contractual, sr legal remedies in instances where contractors violate or breach contract terms,and provide
for such san •ors and penalties as appropriate.
Provisions :.arding Vendor default are inducted in the BuyBoard General Terms and Conditions, inducting
Section E.1:, Remedies for Default and Termination of Contract. Any Contract award will be subject to
such Buy;. rd General Terms and Conditions, as well as any additional terms and conditions in any
Purchase 0 .et, Cooperative member andliary contract,or Member Construction Contract agreed upon by
Vendor and e Cooperative member which must be consistent with and protect the Cooperative member
at least to e same extent as the BuyBoard Terms and Conditions.
The remedi . under the Contract are in addition to any other remedies that may be available under law or
in equity.
By submittin! a Proposal,you agree to these Vendor violation and breach of contract Terms.
Vendor Ce ir fication,Item 1(Vendor Violation or Breach of Contract Terms)
❑■ YES,I gree to the above. (Initial: _ ,,
o NO,I 4,o NOT agree to the above. (Initial:
FORM Q-PAG s CONST.V.11.18.15
�3u
Board
� I0 Cooperative Purchasing
12007 Research Boulevard Austin,Texas 787592439
PH:8OO-6952919•FAX:8OO-2115454•www.buyboard.com
2. Termination for Cause or Convenience:
For any Cooperative member purchase or contract in excess of$10,000 made using federal funds, you
agree that the following term and condition shall apply:
The Cooperative member may term/Hate or cancel any purchase under under this Contract at any dme,
with or without cause,by providing seven(7)business days advance written notice to the Vendor. If this
Ageement Is terminated In accordance with this Paragraph, the Cooperative member shall only be
required to pay Vendor for goods or services delivered to the Cooperative member pr/or to the term/nat/on
and not othetwise returned In accordance with Vendor's return policy. If the Cooperative member has
paid Vendor for goads or services not yet pro vided as of the date of term/nat/on, Vendor shall Immediately
refund such payment(s).
If an alternate provision for termination of a Cooperative member purchase for cause and convenience,
Induding the manner by which it will be effected and the basis for settlement, is inducted in the
Cooperative member's purchase order, andllary agreement, or Member Construction Contract agreed to
by the Vendor,the Cooperative member's provision shall control.
Vendor Certification,Item 2(TerminatIon for Cause or Convenience):
@I YES,I arm to the above. (InitiaL•
❑ NO,I do 1101 agree to the above. (Initial: )
3. Equal Employment Opportunity:
Except as otherwise provided under 41 CFR Part 60, all Cooperative member purchases or contracts that
meet the definition of"federally assisted construction contract"in 41 CFR Part 60-1.3 shall be deemed to
include the equal opportunity clause provided under 41 CFR 60-1.4(b), in accordance with Executive Order
11246,"Equal Employment Opportunity"(30 FR 12319, 12935, 3 CFR Part, 19644965 Comp., p. 339), as
amended by Executive Order 11375, "Amending Executive Order 11246 Relating to Equal Employment
Opportunity," and implementing regulations at 41 CFR Part 60, "Office of Federal Contract Compliance
Programs,Equal Employment Opportunity, Department of Labor."
The equal opportunity dause provided under 41 CFR 60-1.4(b) is hereby Incorporated by reference.
Vendor agrees that such provision applies to any Cooperative member purchase or contract that meets the
definition of"federally assisted construction contract"in 41 CFR Part 60-1.3 and Vendor agrees that it shall
comply with such provision.
Vendor Certification,Item 3(Equal Employment Opportunity):
El YES,I agree to the above. (INtlal "L-)
❑ NO,I do JIO1 agree to the above. (Initial:.
FORM Q-PAGE 2 CONST.V.11.18.15
•
�3u
Board
Coopetative Purchasing
12007 Research Boulevard•Austin,Texas 78759-2439
PH:800695-2919•FAX:800-211-5454•www.buyboard.com
4. Davis- can Act:
When requi by Federal program legislation, Vendor agrees that, for all Cooperative member prime
construction contracts/purchases in excess of$2,000, Vendor shall comply with the Davis-Bacon Act (40
USC 3141-3 144, and 3146-3148) as supplemented by Department of Labor regulations (29 CFR Part 5,
"Labor Sta dards Provisions Applicable to Contracts Covering Federally Financed and Assisted
Construction In accordance with the statute, Vendor Is required to pay wages to laborers and
mechanics a a rate not less than the prevailing wages spedfied in a wage determinate made by the
Secretary of -bor. In addition,Vendor shall pay wages not less than once a week.
Current previllng wage determinations issued by the Department of Labor are available at www.wcloLgov.
Vendor agree that, for any purchase to which this requirement applies, the award of the purchase to the
Vendor is co .itioned upon Vendor's acceptance of the wage determination.
Vendor furth-r agrees that it shall also comply with the Copeland"Anti-Kickback"Act (40 USA 3145), as
supplemented by Department of Labor regulations (29 CFR Part 3, "Contractors and Subcontractors on
Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States").
The Act provides that each contractor or subrecipient must be prohibited from Indudng, by any means,
any person employed in the construction, completion, or repair of public work,to give up any part of the
compensation to which he or she is otherwise entitled.
Vendor Certification,Item 4(Davis-Bacon Act):
I
0 YES,I agree to the above. (Initial:
❑ NO,I do NQI agree to the above. (Initial:.
5. Contract Work Hours and Safety Standards Act:
Where applicable, for all Cooperative member contracts or purchases in excess of$100,000 that involve
the employment of mechanics or laborers, Vendor agrees to comply with 40 USC 3702 and 3704, as
supplemented by Department of Labor regulatIons (29 CFR Part 5). Under 40 USC 3702 of the Act,
Vendor is required to compute the wages of every mechanic and laborer on the basis of a standard work
week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is
compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in
excess of 40 hours in the work week. The requirements of 40 USC 3704 are applicable to construction
work and provide that no laborer or mechanic must be required to work to surroundings or under working
conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the
purchases of supplies or materials or articles ordinarily available on the open market, or contracts for
transportation or transmission of intelligence.
Vendor Certification,Item 5(Contract Work Hours and Safety Standards Act):
❑� YES,I agree to the above. (Initial: k'�
❑ NO,I do Ka agree to the above. (Initial: )
FORM Q-PAG 3 CONST.V.11.18.15
.Board
Cooperative Purchasing
12007 Research Boulevard Austin,Texas 787592439
PH:800495-2919 FAX:8OO-2115454•www.buyboard.com
6. Right to inventions Made Under a Contract or Agreement:
If the Cooperative member's Federal award meets the definition of"funding agreement" under 37 CFR
401.2(a) and the recipient or subredpient wishes to enter into a contract with a small business firm or
nonprofit organization regarding the substitution of parties, assignment or performance or experimental,
developmental, or research work under that "funding agreement," the redpient or subreciplent must
comply with the requirements of 37 CFR Part 401,"Rights to Inventlons Made by Nonprofit Organizations
and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,"and any
Implementing regulations issued by the awarding agency.
Vendor agrees to comply with the above requirements when applicable.
Vendor Ceflcadon,Item 6(Right to Inventlons Made Under a Contract or Agreement):
❑� YES,I agree,to the above. (Initial: l\�
D NO,I do J401 agree to the above. (Initial: )
7. Clean Air Act and Federal Water Pollution Control Act:
Clean Air Act(42 USC 7401-7671q.)and the Federal Water Pollution Control Act(33 USC 1251-1387), as
amended - Contracts and subgrants of amounts in excess of $150,000 must contain a provision that
requires the non-Federal award to agree to comply with all applicable standards, orders, or regulations
issued pursuant to the aean Air Act(42 USC 7401-7671q.)and the Federal Water Pollution Contra!Act,as
amended (33 USC 1251-1387). ViolatIons must be reported to the Federal awarding agency and the
Regional Office of the Environmental Protection Agency(EPA).
When required, Vendor agrees to comply with all applicable standards, orders, or regulations issued
pursuant to the Clean Air Act and the Federal Water Pollution Control Act.
Vendor Certification,Item 7(Clean Air Act and Federal Water Pollution Control Act):
Ej YES,I agree to the above. (Initial:,A14-
❑ NO,I do NM agree to the above. (Initial: )
8. Debarment and Suspension:
Debarment and Suspension (Executive Orders 12549 and 12689)-A contract award(see 2 CFR 180.220)
must not be made to parties listed on the government-wide exdusions in the System for Award
Management(SAM),in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders
12549 (3 CFR Part 1966 Comp. p. 189) and 12689 (3 CFR Part 1989 Comp. p. 235), "Debarment and
Suspension." SAM Exduslons contains the names of parties debarred, suspended, or otherwise excluded
by agendas, as well as parties declared ineligible under statutory or regulatory authority other than
Executive Order 12549.
FORM Q-PAGE 4 CONST.V.11.18.15
iA!YBoard
• • Cooperative Purchasing
12007 Research Boulevard Austin,Texas 78759-2439
PH:800-695-2919 FAX:800-2115454•www.buyboard.com
Vendor certifies that Vendor is not currently listed on the government-wide exdusions in SAM, is not
debarred, suspended, or otherwise exduded by agencies or declared ineligible under statutory or
regulatory authority other than Executive Order 12549. Vendor further agrees to immediately notify the
Cooperative and all Cooperative members with pending purchases or seeking to purchase from Vendor if
Vendor is later listed on the government-wide exduslons in SAM,or is debarred, suspended, or otherwise
excluded by agencies or declared ineligible under statutory or regulatory authority other than Executive
Order 12549.
Vendor Certification,Item 8(Debarment and Suspe slon):
❑■ YES,I agrsg/certify to the above. (InitlaL
❑ NO,I do NM agree/certify to the above. (Initial: )
9. Byrd Anti-Lobbying Amendment:
Byrd AntILobbying Amendment (31 USC 1352) - Vendors that apply or bid for an award exceeding
$100,000 must file the required certification. Each tier certifies to the tier above that It will not and has
not used Federal appropriated funds to pay any person or organization for influencing or attempting to
Influence an officer or employee of any agency,a member of Congress, officer or employee of Congress,
or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any
other award covered by 31 USC 1352. Each tier must also disclose any lobbying with nonFederal funds
that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier
to tier up to the non-Federal award.
As applicable, Vendor agrees to file all certifications and disdosures required by, and otherwise comply
with,the Byrd Anti-Lobbying Amendment(31 USC 1352).
Vendor Certification,Item 9(Byrd AntiLobbying Amendment):
� YES,I agree to the above. (Initial: );*4
❑ NO,I do Ka agree to the above. (Initial:.
id. Procurement of Recovered Materials:
For Cooperative member purchases utilizing Federal funds,Vendor agrees to comply with Section 6002 of
the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act where
applicable and provide such Information and certifications as a Cooperative member may require to
confirm estimates and otherwise comply. The requirements of Section 6002 include procuring only items
designated in guidelines of the Environmental Protection Agency(EPA)at 40 CFR Part 247 that contain the
highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of
competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired
during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a
manner that maximizes energy and resource recovery, and establishing an affirmative procurement
program for procurement of recovered materials identified in the EPA guidelines.
FORM Q-PAGE 5 CONST.V.11.18.15
iA!vBoard
• � Cooperative Purchasing
12007 Research Boulevard Austin,Texas 78759-2439
PH:800695-2919 FAX:80G211-5454•www.buyboard.00m
Vendor Certification,Item 10(Procurement of Recovered Materials):
Q YES,I agre e,to the above. (Initial:
❑ NO,I do Riff agree to the above. (Initial:
11. Profit as a Separate Element of Price
For purchases using federal funds in excess of $150,000, a Cooperative member may be required to
negotiate profit as a separate element of the price. Sege, 2 CFR 200.323(b). When required by a
Cooperative member, Vendor agrees to provide information and negotiate with the Cooperative member
regarding profit as a separate element of the price for a particular purchase. However, Vendor agrees
that the total price, including profit, charged by Vendor to the Cooperative member shall not exceed the
awarded pridng, including any applicable discount, under Vendor's Cooperative Contract.
Vendor Certification,Item 11(Profit as Separate Element of Price):
� YES,I Rage to the above. (Initlal: •-
❑ NO,I do IiQIagree to the above. (Initial:
12. General Compliance and Cooperation with Cooperative Members
In addition to the foregoing specific requirements,Vendor agrees, in accepting any Purchase Order from a
Cooperative member, it shall make a good faith effort to work with Cooperative members to provide such
information and to saUsfy such requirements as may apply to a particular Cooperative member purchase
or purchases including, but not limited to,applicable recordkeeping and record retention requirements.
Vendor Certification, Item 12 (General Compliance and Cooperation with Cooperative
Members):
❑� YES,Iagreetotheabove. (Initlal:
❑ NO,I do NOT agree to the above. (Initial:
By signature below, I certify that the information in this form is true, complete, and accurate and that I
am authorized by my company to make this certification and all consents and agreements contained
herein.
SKE Construction,LLC
ny ame 1p" r
I
1 40 • F.4
gnature of prized Company Offi
Shelly Ar erhart
Printed Name
FORM Q.PAGE 6 CONST.V.11.18.15
1�u
Board
Cooperative Purchasing
12007 Research Boulevard Austin,Texas 787592439
PH: 800-695-2919 FAX: 800-211-5454•www.vendor.buyboard.com
PROPOSAL INVITATION QUESTIONNAIRE
Proposal Invitation No. 520-16 -3ob Order Contracting for
. .11 'n!c• Lan ed e I . sill conbadi 1 COMTIVI
The Cooperative will use your responses to the questions below in evaluating.your Proposal to provide
the goods and perform the construction or construction-related services ("work") under the BuyBoard
contract contemplated by this Proposal Invitation ("contract"). Proposers must fully answer each
question, numbering your responses to correspond to the questions/numbers below. Proposers must
complete below or attach your responses to this questionnaire, sign where indicated below, and submit
the signed questionnaire and your responses to all questions in one document with your Proposal. You
must submit the signed questionnaire and responses with your Proposal or the Proposal will
not be considered.
1. Describe Proposer's direct experience (not as a subcontractor) performing the Job Order Contracting
(JOC) work proposed under this contact. Include a brief description of the JOC projects your
company (or your company's key employees) have completed for Texas governmental entities in the
last 5 years, and include for each the project name, scope, value, and date, and the name of the
procuring government entity and entity contact person. Identify the contracts that best represent
Proposer's capabilities relative to this contract. If referring to project of key employees to
demonstrate experience, identify the employee, the employee's role in the project, and the
employee's current position with your company.
We have completed 4 different annual contracts for the City of Baytown,TX, starting in 2011 -2016.
There have been two contacts, Dale Hughes and Brent Costlow, who is now with the City of
Deer Park,TX.The contracts are ID/IQ,task order based. These contracts have allowed us to gai
the qualifications to handle several work orders simultaneously, flowing through each phase con-
currently,while maintaining the necessary competence and professionalism that SKE is known for.
2. Describe the resources Proposer has to manage staff and successfully perform the work
contemplated under this contract. State the number and summarize the experience of company
personnel who may be utilized for the work, including those who will be available to Cooperative
members for assistance with project development, technical issues, and product selection for work
assodated with this contract.
SKE has 15 employees who have worked together as a team for more than 5 years with a management staff from
diverse backgrounds.The crews are overseen by two superintendents who report to a PM.Our lead PM has over 30 years of
experience with utilities,both water and wastewater.He knows how to dissect a project and determine the steps to
complete each task.Our crew has extensive experience working for municipalities,with both an Owner and a Customer
to satisfy,and they have the relationship needed to evaluate,communicate and motivate each other to finalize a project.
Page 1 of 4
CONST.V.5.20.16
�3u
Board
Cooperative Purchasing
12007 Research Boulevard Austin,Texas 787592439
PH: 8OO-6952919 FAX: 8OO-2115454•www.vendor.buyboard.tom
3. The contract does not include architectural or engineering services, which must be procured
separately, outside of the Cooperative, in accordance with Chapter 2254 of the Texas Government
Code (Professional Services Procurement Act). If you are performing work under the contract on a
project that requires the services of an architect or professional engineer, how will you work with a
Cooperative member and its designated architect or engineer with respect to services that must be
procured outside the contract.
On a design/build construction project we sit down with the Coop Member and the NE firm
and allow the 3 parties to voice their input on the project with this design team. We would
go over all questions and remarks from the initial review, then prepare a design submittal.
SKE aims to keep communication at the forefront to maintain the quality of our work and to
ensure this project is finished as specified, both on time and within budget.
4. Describe the tasks and functions that can be completed by Proposer in-house without the use of a
subcontractor or other third party.
SKE is able to self-perform all infrastructure construction.We have a focus on utility replacements
and rehabilitation to include water, sewer and gas systems. This includes all concrete and asphalt
work, fencing and site restoration, as needed. We have completed several projects under the
building classification requiring the demo and replacement of concrete and steel structures.
5. Describe Proposes financial capability to perform the contract. State or describe the firm's financial
strength and rating, bonding capacity, and insurance coverage limits. State whether the firm, or any
of the firm's past or present owners, principal shareholders or stockholders, or officers, have been a
debtor party to a bankruptcy, receivership, or insolvency proceeding in the last 7 years, and identify
any such debtor party by name and relationship to or position with your firm.
Since the start of SKE in 2006, we have consistently shown a strength in our finances.
We have a $2 MiUion/$4 Million bonding capacity per job/aggregate. We have $1 Million
each occurrence and $2 Million aggregate in insurance coverages. We've been
insured and bonded since 2008 and have had no limit deductions in either.
There have been no owners or officers who have or are filing bankruptcy.
Page 2 or 4
CONST.V.5.20.16
�3u
Board
Cooperative Purchasing
12007 Research Boulevard •Austin,Texas 78759-2439
PH: 800-695-2919 FAX:8OO211-5454•www.vendor.buyboard.com
6. List all contracts, if any, in the last 10 years on which Proposer has defaulted or that have been
terminated for any reason and for each provide the project name, scope, value and date and the
name of the procuring governmental entity. Fully explain the circumstances of the default or
termination.
N/A.SKE has never defaulted or had a contract terminated for failure to perform for anv reason.
7. List all litigation or other legal proceedings, if any, in the last 10 years brought against your firm, or
any of the firm's past or present owners, principal shareholders or stockholders, officers, agents or
employees, that relates to or arises from a contract similar to this cont or the work contemplated
under this contract. (The list should include the contractor as well as the product supplier.). Provide
the style of the lawsuit or proceeding (name of parties and court or tribunal in which filed), nature of
the claim, and resolution or current status.
N/A.There have been no legal proceedings involving SKE or it's Owner,who is the sole manager.
8. Describe in detail the quality control system Proposer will use, including third party auditing
certification, to support the long-term performance and structural strength of the products to be
used in a project under the contract.
SKE will discuss with Owner their specs and if needed, will provided alternative specs to consider,
ensuing the understanding of the application of the materials to provide the right items for the job.
All materials are to be inspected by the manufacturer and will show appropriate
documentation. The materials are inspected by SKE personnel upon delivery to ensure
quality standards are met.
Page 3 of 4
CONST.V.5.20.16
iflJ'Board
0 0 Cooperative Purchasing
12007 Research Boulevard •Austin,Texas 78759-2439
PH: 800-695-2919 FAX:800-211-5454•www.vendor.buyboard.com
9. If the work will require Proposer to tender performance and payment bonds, provide the name of the
bonding company or surety that will issue such bonds.
SKE's sure bonds are issued b Merchants National Bondin. Inc at 2100 Fleur Dr.
Des Moines,IA 50321
' .
- _
10. Describe in detail all documented safety issues, if any, that have involved Proposer in the last 3 years
related to the type of work contemplated under this contract. Provide a 3-year history of your firm's
workers compensation experience modifier.
SKE Construction LLC has an excellent safet record.Si ce start u• in 2006 we have zero incidents
involving work related illnesses or injury. SKE has an experience modifier of 0.84 thru 2017.We has 0.85
for policy year 2015-2016 and 0.82 for workers comp policy ending 2015.
_ _
By signature below, I certify that the information attached to this Proposal Invitation
Questionnaire in response to the above questions is true and correct and that I am
authorized by my company to make this certification.
SKE Construction,LLC
Company Name
V, i 1
1 00
mrAtik.I . e 0 i, # _.0.4i A _! _
II
.'Signature of A horized Company Oia.
.
Page 4 of 4
CONST.V.5.20.16
13u
Board
Cooperative Purchasing
12007 Research Boulevard Austin,Texas 78759-2439
PH:800-695-2919 FAX:800-2115454•www.vendor.buyboard.com
THE LOCAL GOVERNMENT PURCHASING COOPERATIVE
ADDENDUM NO. 1
Proposal Invitation No.520-16- 3ob Order Contracting
Regional Stab wide JOC(Gordian QC and GoMian lob Orderezi Contracting Co T"
The following information becomes a permanent part of the Proposal Invitation document.
The newly published duly 2016 Construction Task Catalog or T from The Gordian Group
is now available for proposers preparing a response to Pit One7Texa_s_Regional Statewide
Ode Contrjak_j_x_idluaj____QAUI
ezI
of Proposal Invitation No. 520-16.
The Construction Task Catalog or CTC means the construction cost data books developed by
The Gordian Group for the Cooperative containing a comprehensive listing of construction
related tasks together with a specific unit of measure and a published Unit Price.
Please sign and return one copy of the addendum with proposal as verification of receipt and
compliance with addendum information.
Company Name:cStE (ONSLSJ C¶ l(h\a,..li____
Address:cb fix. � ► � j Cc1 T -)-7 (
Signature of Authol
Company Offici-1:Ato w �� � Title: Cdej
p � ' �t�}J � � �`1 Date: l E ��(pTele = Number: �
;.
iAvBoard
Cooperative Purchasing
12007 Research Boulevard Austin,Texas 787592439
PH:8OO6952919 FAX:8OO2I1-5454•www.vendor.buyboard.com
THE LOCAL GOVERNMENT PURCHASING COOPERATIVE
ADDENDUM NO. 2
PmpaI Invitation Na 520-16—Job Order Contracting
RegionaLStewide 3OC(Gordian ezIOC�)and G rdian)obOer Contracting CoreTM
The following information was requested in regards to Proposal Irnitafion No. 520-16—Job Order
Contracting RegIonal Statewide JOC(Gordian ezIQC®)and Gordian Job Order Contracting CoreTM.
This addendum becomes a permanent part of the Proposal Invitation document:
Qjiestkai: Please confirm that the Gordian Required Ucense mentioned in Part One (b) does not
need to be procured prior to proposal due date.
Response: As noted in the Proposal Invitation, Vendors awarded under Part One for the
Regional Statement 30C (Gordian ezIQC) will be responsible for obtaining, at Vendor's
sole cost,the Gordian Required License as defined in the Proposal Invitation. it is not a
requirement of the Proposal Invitation that a Proposer have a Gordian Required License
at the time of proposal submission.
Questi2: Is this an all-or-none evaluation or is it possible that contractors will be awarded only
some of the regions in which they propose to do work?
Response: This proposal invitation is not an all or none evaluation. The Coopetive may
award all or only portions of the proposal in any combination or in any way that provides
best value to Cooperative members based on the criteria set out in section C.2 (Best
Value Criteria) of the General Terms and Conditions.
.Question 3: Will contractors be allowed to work with customers outside of their awarded regions if the
customer and contractor mutually agree to do so?
Response: Awarded Vendors may only service members of the Cooperative through any
awarded Cooperative contract for those regions awarded via the Cooperative contract.
Question 4: Please confirm that vendors will not be asked to bid against each other by members.
Response: In the event of a multiple award, a Cooperative member considering a
purchase may, in its discretion, request multiple price quotes from vendors awarded on
BuyBoard for this proposal invitation.
Quest[Qn$: Please confirm that the Gordian CTCs will be updated annually to reflect changing costs
of construction.
Response: The Gordian Construction Task Catalogs are maintained and updated solely by
The Gordian Group.
Page 1 of 3
iA!vBoard
� al Cooperative Purchasing
12007 Research Boulevard•Austin,Texas 787592439
PH:8O06952919•FAX:8OO211-5454•www.vendor.buyboard.00m
Questioit6: Per the Program Requirements of the Gordian ezIQC, please confirm that the Gordian
Required License Fee of up to 1%of contract value is not included in the 7.25%Administrative Fee.
Response: the Administrative fee does not include any separate fee which may be
charged directly to Vendor by The Gordian Group for any Gordian Required License as set
out in the Piogram Requirements in Part One.
Question 7: he description of Sample Project 2, Vesthule Re-Tile indicates that work will be done on
the weekend. However, the Sample Project Response Forms indicate that the Standard Hours
coeffidenVaduent factor is to be used. Please darify what coefficient/adjustment factor should be
used on the Vestibule Re-Tile project.
Response: Proposers should use the Non-Standard Hours coefflcient/adjument factor
when preparing this portion of the Sample Project Response From.
Questioii_8: For the Sample Projects, if a firm is proposing on multiple regions with different
coefficients/adjustment factors, which should be used to price the sample projects?
Response: Proposers may use Location G - Austin/San Marcos/New Braunfels for Part
One -Texas Regional Statewide fob Order Contracting (Gordian ezIQC®) and Region 13
for Part Two - Gordian Job Order Contracting CoreTM or state the region used in
preparation of the form.
QeQn_9: For the Gordian Core Sample Projects, please clarify where the Quarterly sty Cost Index
should be inserted or applied on the Sample Project Response Forms.
Response: Proposers may factor the Quarterly City Cost Index within the line item cost
column.
Question 10: In what city should contractors assume the sample projects are being installed?
Response: Proposers should use Location G-Austin/San Marcos/New Braunfels for Part
One -Texas Regional Statewide Job Omer Contracting (Gordian ezIQC(0) and Region 13
for Part Two -Gordian 3ob Order Contracting Core '.
,Question 11: Form R states, "Catalogs/Pricelists must be submitted with proposal response or
response will not be considered." Please clarify if offerors must submit a copy of the CTC and Job
Order contrasting Core to the BuyBoard as part of their proposals.
Response: Please disregard this request for cataIogs/prkeIi to be submitted with the
proposal response. Proposers do not need to submit a copy of the CTC or Job Order
Contracting Core as part of their response.
Page 2 of 3
1-3--gli30ard°
Cooperative Purchasing
12007 Research Boulevard Austin,Texas 787592439
PH:8OO695-2919 FAX:8OO-2115454•www.vendor.buyboard.com
Question 12:The District of Columbia is not included in the Out of State bid form for Job Order
Contracting Core. Would the BuyBoard consider adding it to the list?
Response: Anyone wishing to propose Coefficient factors for PART TWO - GORDIAN SOB
ORDER CONTRACTING CORETM' (OUT OF STATE) for the District of Columbia must
complete and return the following form:.
PART TWO-GORDIAN 302 ORDER hBAMASOIELL_AMAM" U
ENTER THE PROPOSER'S COEFFICIENT FOR STANDARD HOURS AND THE PROPOSER'S COEFFICIENT FOR
NON-STANDARD HOURS, EACH IDENTIFIED AS A DEMAL MULTIPLIER OF THE RS MEANS CONSTRUCTION
PROCUREMENT CATALOG AS DEFINED IN THIS PROPOSAL INVITATION NOT TO EXCEED FOUR DECIMAL
PLACES,ON EACH OF THE TWO LINES PROVIDED BELOW FOR EACH STATE YOU DESIGNATED:
GORDIAN GORDIAN
]OB ORDER CONTRACTING COW" OB ORDER CONTRACTING CORETM
STATE Coefficient Factor for Standard Hours Coefficient Factor for Non-Standard Hours
District of Columbia �� t
‘v
Please sign and return one copy of the addendum with proposal as verification of receipt and
compliance with addendum information.
Company Name:`>� NV ) CT\ONL _ WC_
--
Address: R) 8tL \\\ ( �� eakss
S1gnatureofAuth! . 1A
CompanyOfficiaI• � Title: � _ �' ► 1 ,
Telephone Number: ' cE$ cliU) Date: J42çT I���
Page 3 of 3
�3u
Board
Cooperative Purchasing
12007 Research Boulevard•Austin,Texas 787592439
PH:8OO695-2919 •FAX:800-211-5454•www.vendor.buyboard.com
THE LOCAL GOVERNMENT PURCHASING COOPERATIVE
ADDENDUM NO. 3
PropI Invitation Na 520-16-Job Order Contracting
Re.lonal tatewide)OC Gordian ezl•C and Gordian 3ob Order Contractin CoreTM
The following information was requested in regards to Proposal Invitation No. 520-16-Job Order
Contracting Regional Statewkie JOC(Gordian ezIQC®)and Gordian Job Order Contracting CoreTM.
This addendum becomes a permanent part of the Proposal Invitation document:
Question 1: We understand that this is based on the RS Means unit price book. Which column is to
be used? O&P or Bare Cost?
As specified in Part Two-Gordian 3ob Order Contracting Core,the unit price book is the
RSMeans Construction Procurement Calog . Note that this unit price book is a data set
unique from other RSMeans unit price books(e.g., Facilities Construction Cost Data Book,
Fadlities Maintenance and Repair Cost Data Book). The RSMeans Construction
Procurement Catalog provides a Bare Cost Please refer to section 4 of JOC Gordian 52O
16 Proposal Form for information in what should be included in the bidder's coefficient
(,,question 2: Will the data in RS Means be used after applying the Ci Cost Index to adjust for specific
locations in TX and across the USA?
Yes. When preparing a proposal, the contractor will select the geography for where the
work will be performed, which essentially applies the appropriate City Cost Index. The
Gordian Job Order Contracting Core will then apply the awarded coefficient determine
the proposed price.
Question 3: If the contractor will not have the ability to apply the City Cost Index to adjust the
pricing to specific locations, what exactly does the pricing data in the pricing book represent?
The pricing in the RSMeans Construction Procurement Catalog*''' represents the localized
pricing for the geography in which the work is being done. When preparing a proposal,
the conttor will select the geography for where the work will be performed. This
automatically applies the appropriate City Cost Index to the unit line item prices.
Question 4: the pricing data appropriate for use at all locations within the 50 states or is there a
different set of data for each city or state in the USA?
The Gordia 3ob Order Contracting CoreTM'application includes the ability to designate the
geographic location for which a project proposal is being prepared. This automatically
localizes th unit line items in the RSMeans Construction Procurement CatalogTM.
Page 1 of 2
�3u
.Board
Cooperative Purchasing
12007 Research Boulevard Austin,Texas 787592439
PH:8OO6952919 FAX:800-211-5454•www.vendor.buyboard.com
Question 5: Please elaborate on the RS Means data to be used and how contractors are to use them
at different locations across the USA?
As specified in Part Two-Gordian fob Order Contracting Core, the unit price book is the
RSMeans Construction Procurement Catalog . The pricing in the RSMeans Construction
Procurement CatalogTM represents the localized prising for the geography in which the
work is being done. When preparing a proposal,the contractor will select the geography
for where the work will be performed. This automatically applies the appropriate City
Cost Index to the unit line item prices. The Gordian 3ob Order Contracting CoreTM"
application then automatically applies the appropriate awarded coefficient to the
localized unit prices. Please refer to section 4 of HOC Gordian 52046 Proposal Form for
information in what should be included in the bidder's coefficient.
Please sign and return one copy of the addendum with proposal as verification of receipt and
compliance with addendum information.
Company Name \L�
Address: im � �� ;•r -n � r
Signature of Autholltd � / (� ,PO
Company Offidal: ♦ D Pthet, Title: '� -'�J�
Telephone Number: '1i �� Date: ; � 0-0 P-64
Page 2 of 2
'Board
fib • Cooperative Purchasing
12007 Research Boulevard•Austin,Texas 787592439
PH:8OO$952919•FAX:800-211-5454•www.buyboard.com
R EQUREDEO_RMSC H EC K LIST
(Please check(4)the following)
13/ Completed: Proposer's Agreement and Signature(Form A)
IV Completed: Vendor Purchase Ober,Request for Quotes,and invoice Receipt Options(Form B)
[� corp1ect: Felony Conviction Disclosure and Debarment Certification(Form C)
[� Completed: Resident/Nonresident Certification(Form D)
13/ Coiptetec!: Historically Underutilized Business(HUB)Certification(Form E)
1:1) ram:Affirmation Regarding Conon Related Goods and Services(Form F)
13/ clopielat Deviation/Compliance Signature Form(Form G)
[� : Dealership Listings(Form H)
L� : Texas Regional Service Designation (Form I)
Q-' : State Service Designation(Form J)
fampleted: National Purchasing Cooperative Vendor Award Agreement(Form In
ET/ Cgregided: Federal and State/Purchasing Cooperative Discount Comparison Form(Form L)
EV Completed: Governmental References and Price/Discount Information(Form M)
cangleted: Marketing Strategy(Form N)
Comp1et : Confidential/Proprietary Information Form(Form 0)
[;j Completed: Vendor Business Name Form with IRS Form W-9(Form P)
� Completed: EDGAR Vendor Certification Form(Form Q)
Qapietal: Forms Checklist(Form R)
Come: Price Proposal Form with Adjustment Factors)or Coeffcient(s),
Pro.osal invitation •uestionnaire and Sam.le Proect R nse Form(Form S)
ef� . lri%--, i�i]S� .��!!�lT� iRj:�'. __l"•"''�i_ ��:'� "7I',".!I`I�i.4���i..'I...�t_:%..
FORM R CONST.V.11.18.15
iA!vBoard
Cooperative Purchasing
12007 Research Boulevard Austin,Texas 787592439
PH: 8OO695-2919 FAX:8OO2115454•www.vendor.buyboard.com
THE LOCAL GOVERNMENT PURCHASING COOPERATIVE
Proposal Invitation No. 52046 -3ob Order Contracting for
RaieJ $ormn
Gordian 3ob ina Oae""
NOTE: THIS SAMPLE PRO3E NU BE COMPLETED AND INCLUDED IN YOUR
PROPOSAL RESPONSE OR PROPOSAL RESPONSE WILL NOT BE CONSIDERED. USE THE
ATTACHED FORMS FOR YOUR RESPONSES TO THE SAMPLE PROJECTS. IF YOU ARE
PROPOSING UNDER THE TEXAS REGIONAL STATEWIDE SOB ORDER CONTRACTING
(GORDIAN ezIQCO), YOU MUST COMPLETE THE SAMPLE PROJECT RESPONSE FORM FOR
PART ONE - TEXAS REGIONAL STATEWIDE 30B ORDER CONTRACTING (GORDIAN
ezIQC®). IF YOU ARE PROPOSING UNDER GORDIAN JOB ORDER CONTRACTING CORETM,
YOU MUST COMPLETE THE SAMPLE PROJECT RESPONSE FORM FOR PART TWO
GORDIAN SOB ORDER CONTRACTING CORE . IF YOU ARE PROPOSING UNDER BOTH
ITEMS,YOU MUST COMPLETE BOTH FORMS.
1. gfflRovatonajnplePmject)
This job will be performed during normal business hours and you will have unrestricted access during
normal working hours.
This once is on the first floor of a building, with no entry issues and is located about 40 feet from the
front door. Please assume that the floor is in good shape and will not need prep. Walls will need
only minimal prep to paint.
• Office which is 12 x 16 with 10' up to the deck and an 8'drop down ceiling, walls are drywall
with orange peel texture and paint that goes 6"above ceiling grid.
• Demo 3 Interior Lighting 2' x 4' 3 Lamp T8 Lay-In Type Standard Static Troffer, Single Ballast,
Acrylic Cover Fluorescent Fixture (Metalux 2GR8332A-UNV-EB81-U.1) and replace with the
same kind of new light.
• Demo Marbleized Pattern Vinyl Composition Tile 1/8"Thick and replace with like kind
• Demo 4" High 1/8"Vinyl Plastic Base and replace with like kind
• Paint walls I coat primer 2 coat paint non-oil based
• Remove, Re-install and re-level entire drop down ceiling and grid.
• Add one light switch and 3 electrical outlets
• Paint the door&door frame 1 coat primer 2 coat paint non-oil based
Page 1 of 2
JOC.GORDIAN.06.23.16
ii!vBoard
• Cooperative Purchasing
12007 Research Boulevard•Austin,Texas 78759-2439
PH:800-695-2919•FAX:80G-211-5454•www.vendor.buyboard.com
2. Vestibule Re-Tile(Sample Project)
This job will be performed on the weekend.
This vestibule is on the first floor of a building, with no access issues. Please assume that the floor is
in good shap. and will not need prep, no drains in the floor. You can use the facilities dumpster for
all demo material.
• Vestibule is 10 x 5.
• No equipment is attached to the floor.
• Demo Marbleized Pattern Vinyl Composition Tile 1/8"Thick.
• Replace with unglazed quarry floor file and use chemical resistant epoxy grout.
• Vestibule has(2)doors, one on each side of the 10'walls.
• There is a threshold at each door.
Page 2 of 2
)OC.GORDIAN.06.23.16
ilui Board'
. . twponaraneweig
Proposal Invitation No. 52O163ob Order Contracting
Part One-Texas Regional Statewide 3ob Order Contracting (Gordian ezIQCO)
SAMPLE PROIERESPONSEFQRM
ThFs lOmmi WO.be cc:on/Ate:I enel rettettecl WM your por retponse btanot be conemvecill
Firm Name: SKE Construction, LLC
1. Office Renovation
Standard
CTC-CSI Adjustment
Construction Task Number Line Item Cost Quantity Factor Line Item Total
DEMO 3 LAMP T8 LIGHTING 26 01 50 52-0077 12.63 3 1.01 .:
REPLACE 3 LAMP TB LIGHTING 26 01 50 52-0077 26.74 3 1.01
DEMO/REPLACE VCT 096519 19-0002 2.11 192 1.01 • 1
DEMO/REPLACE 4"HIGH VINLY BASE 096513 13.0002 2.13 409 1.01
PAINT WALLS,1 COAT PRIMER 09 91 23 00-0057 0.42 427 1.01
PAINT WALLS,2 COATS PAINT 09 91 2300-0064 0.79 427 1.01 1 1
PAINT METAL DOOR,BOTH FACES,1 COAT PRIMER 09 91 23 00-0246 38.50 1 1.01 8 ::
PAINT METAL DOOR,BOTH FACES,2 COATS PAINT 09 91 2300-0248 70.76 1 1.01
PAINT METAL DOOR FRAME,1 COAT PRIMER 09 91 23 00-0239 0.41 63 1.01 26.1883
PAINT METAL DOOR FRAME,2 COATS PAINT 09 91 23 00-0241 0.87 63 1.01 55.3581
REMOVE/REPLACE CEILING TILE&GRID 09 51 13 00-0035 0.55 192 1.01 106.656
INSTALL LIGHT SWITCH 01 9526 00-0039 39.76 1 1.01 40.1576
INSTALL ELECTRICAL OUTLET 01 95 26 00-0038 39.67 3 1.01 120.2001
Total Project Cost $ $2,388.99
_______.
Page 1 of 2
f
Proposal Invitation No. 52016-Job Order Contracting
Part One-Texas Regional Statewide Job Order Contracting (Gordian ezIQCC
AIIPL&PRORESPONLEORM
Mb*Inn must be coftpleteci enci recollect with your ploposal?swans.or response tvillnot be conskterectq
Firm Name: SKE Construction, LLC
2. Vestibule Renovation
Standard
CTC-CSI Adjustment
Construction Task Number Line Item Cost Quantity Factor Line Item Total
DEMO VCT TILE 096519 19-0002 0.56 50 1.01 28.28
REPLACE UNGLAZED QUARRY TILE 093016 OOOOO1 5.45 50 1.01 275.225
FORUPTO5O.ADD 09301600-0001 4.06 50 1.01 205.03
FOR EPDXY GROUT,ADD 093016 00-0001 0.82 50 1.01 41.41
ALUMINUM THRESHOLD DEMO 01 95 08 00-0070 23.12 2 1.01 46.7024
ALUMINUM THRESHOLD REPLACE 01 95 08 00-0070 3.25 2 1.01 6.565
PORTABLE FLOOR DRYING FAN 01 22 23 00-0777 19.45 1 1.01 19.6445
Total Project Cost $_$622.86
Page 2 of 2
Iltil Board'
• • tooraraftwasem
Proposal Invitation No. 52O16-Job Order Contracting
Part Two - Gordian Job Order Contracting CoreTM'
AMPLE PROJECT RESPQNSEFORM
ThIs et ppIkerntwistconpietedreturnedwith tesponse a'stepwise 110 riot be conskietectil
9rm Name: SKE Construction, LLC
1. Office Renovation
Standard
RSMeans Coefficient
Construction Task Number Line Item Cost Quantity Hours Line Item Total
DEMO 3 LAMP T8 LIGHTING 12.63 3 34.101
REPLACE 3 LAMP T8 LIGHTING 26.74 3 2.198
DEMO/REPLACE VCT 2.11 192 1 ' 364.608
DEMO/REPLACE 4"HIGH VINLY BASE 2.13 409 784053
PAINT WALLS,1 COAT PRIMER -- 0.42 427 161.406
PAINT WALLS,2 COATS PAINT 0.79 427 303.597
PAINT METAL DOOR,BOTH FACES,1 COAT PRIMER 38.50 1 34.65
PAINT METAL DOOR,BOTH FACES,2 COATS PAINT 70.76 1 / 9 63.684
PAINT METAL DOOR FRAME,I COAT PRIMER 0.41 63 0.9 23.247
PAINT METAL DOOR FRAME,2 COATS PAINT 0.87 63 0.9 49.329
REMOVEIREPLACE CEILING TILE&GRID _- 0.55 192 0.9 95.04
INSTALL LIGHT SWITCH 39.76 1 0.9 35.784
INSTALL ELECTRICAL OUTLET 39.67 3 0.9 107.109
1�-
Total Project Cost $ $2,128.81
Page 1 of 2
iluBoard• .
• • ........,
Proposal Invitation No. 520-16-3ob Order Contracting
Part Two - Gordian fob Order Contracting CoreTM'
Fm Name: SKE Construction, LLC
2. Vestibule Renovation
Standard
RSMeans Coefficient
Construction Task Number Line Item Cost Quantity Hours Line Item Total
DEMO VCT TILE -_ 0.56 50 25.2
REPLACE UNGLAZED QUARRY TILE 5.45 50 245.25
FOR UP TO 50,ADD 4.06 50 182.7
FOR EPDXY GROUT,ADD 0.82 50 36.9
ALUMINUM THRESHOLD DEMO 23.12 2 41.616
ALUMINUM THRESHOLD REPLACE 3.25 2 5.85
PORTABLE FLOOR DRYING FAN 19.45 1 17.505
Total Project Cost
Page 2 of 2
iA!vBoard
Cooperative Purchasing
12007 Research Boulevard Austin,Texas 78759-2439
PH:800-695-2919 FAX: 800-211-5454•www.vendor.buyboard.com
THE LOCAL GOVERNMENT PURCHASING COOPERATIVE
PRICE PROPOSAL FORM
Proposal Invitation No. 520-16-Job Order Contracting for
EssikvaMdeaft.._30C{Gordian eziWeland GotfianJdjOrdConhading Ohre""
prise Proposal; In submitting a Proposal, the Proposer agrees to execute all of the work under the Job Order
Contract for each Job Order issued by a Cooperative member using Adjustment Factors or Coeffidents as
applicable and as defined and described within this Proposal Invitatlon.
1. Texas Riona Proposers shall propose two (2) Construction
Task Catalogs (CTC) Adjustment Factors based on using the CTC. The first Adjustment Factor is to be
applied to that work antidpated to be accomplished during normal working hours (7:00 am - 5:00 pm,
Monday thru Friday) ("Standard Hours"). The second Adjustment Factor shall be applied to work
anticipated to be accomplished during other than Standard Hours ("Non-Standard Hours"). Any work
performed during Non-Standard Hours, at Vendor's own option when approved by the Cooperative
member in accordance with the applicable Program Requirements, shall be subject to the Proposer's
Adjustment Factor for Standard Flours. The Non-Standard Hours Adjustment Factor must be
greater than or equal to the Standard Hours Adjustment Factor.
Gordian]ob Order Contracting Core' Proposers shall propose two (2)coeffloent factors for each
region based on using the current edition of the RSMeans Construction Procurement Catalog, adjusted to
each region, with updates as applicable. The first coefficient factor is to be applied to that work
anticipated to be accomplished during normal working hours (7:00 am - 5:00 pm, Monday thru Friday
("Standard Hours")).The second coefficient factor shall be applied to work anticipated to be accomplished
during other than Standard Hours ("Non-Standard Hours"). Any work performed during Non-Standard
Hours, at Vendor's own option when approved by the Cooperative member in accordance with the
applicable Program Requirements, shall be subject to the Proposer's Coeffident for Standard Hours. The
Non-Standard Hours Adjustment Fador must be greater than or equal to the Standard Hours
Adjustment Factor.
2. It is understood and Proposer acknowledges that, by making this Proposal, any change in the actual work
required under the Contract from what Is projected herein shall not affect the firm Adjustment Factors
and/or Coefficient Factors proposed by Proposer or the prices contained in the applicable Unit Price Book.
If awarded, Vendor's Adjustment Factors and/or Confident Factors shall remain firm for the duration of
the Contract.
3. Texas Regional Statemble 30ClaoreljAvezig_Col-All Unit Prices listed in the CTC are priced at a net
value of 1.0000. The Adjustment Factors shall be an increase or decrease to all the Unit Prices listed in the
CTC. For example, 1.1000 would be a 10%increase to the Unit Prices and 0.9500 would be a 5%decrease
to the Unit Prices. Bidders who submit separate Adjustment Factors for separate Unit Prices will be
considered non-responsive and their bid will be rejected. Proposer's Adjustment Factor is to be
carried no further than four (4) decimal places. Any Proposal containing separate Adjustment
Factors for separate line items in the CTC shall be rejected as non-responsive.
G_o_ntian_3_ob_0_rder_ContractingSvre - The Proposer's Coefficients shall be "net" (e.g. 1.0000) or a
percentage "decrease from" (e.g. 0.9500) or "increase to" (e.g. 1.2100) to the unit prices listed in the
RSMeans Construction Procurement Catalog. Proposer's Coefficient factors are to be carried no
further than four(4)decimal places. Any Proposal containing separate coefficient factors for separate
line items in the RSMeans Construction Procurement Catalog shall be rejected as non-responsive.
PAGE 1 of 6
FORM S
iiwBoard°
Coopesative Purchasing
12007 Research Boulevard Austin,Texas 78759-2439
PH:800-695-2919 FAX:8OO-2I1-554•www.vendor.buyboard.com
4. '• . - , deJQC (Gordian ezIQO) -The Adjustment Factors shall include all of the
Proposer' direct and indirect costs Including, but not limited to, its costs for overhead, profit, bond
premium ,insurance, mobilization, proposal development,and all contingencies in connection therewith.
•" b • - ,r K: -TM - The Coeffidents shall indude all of Proposer's general and
administ live expenses, labor burden, project overhead, home office overhead, computer software,
training ••sts, salaries, vehide expenses, profit, bond premiums, mobilization and demobilization,
Insuran.;,applicable taxes, contingency, and any other costs set forth in the Big Note contained in the RS
Means «nsbruction Procurement Catalog and/or costs not expressly excluded therein. "Project overhead"
as used erein shall include waste or excess materials, disposal of waste materials, daily and final site
dean-up, fasteners, costs for purchase of equipment and vehicles, and material delivery costs. "Disposal
of waste materials"pertains to waste normally generated during construction. Demolition waste Is not to
be indud . in the coefficient, but rather should be included as needed individual job orders if approved by
the Coo. rative member. "Salaries" as used herein shall be deemed to be the higher of the applicable
prevailin. wage rate under law or the prevailing wage rates adopted by the Cooperative member procuring
the wo The actual pricing for work performed under any contract resulting from this Proposal Invitatlon
shall be based on the Unit rates contained in the RSMeans Construction Procurement Catalog, "Total
Inducting O&P"first adjusted by the Quarterly City Cost Index for nearest local city and then multiplied by
the Pro..sser's Coeffident.The Coefficient factors shall be firm for the entire contract inducting any elected
option y .rs.
5. — Vendors proposing under the Texas Regional
Statewide JOC(Gordian ezIQC) must complete the form titled"Part One—Texas Regional Statewide Job
Order Contracting (Gordian ezIQC)" to inducts the Proposer's Adjustment Factors. The Proposer's
Adjustment Factors can be applied to all work Texas-wide or can be applied to designated Texas regions
according to the regions listed on the Proposal Form. Any award for the Regional Statewide JOC program
will be limited to the State of Texas only and shall not be subject to piggyback in other states.
9ordian,,1ob_OrdetContratngCor& Vendors proposing under the Gordian Job Order Contracting
Core must complete the form titled"Part Two—Gordian Job Order Contracting Core(State of Texas)."The
Proposers Coefficients can be applied to all work statewide or can be applied to designated Texas regions
accordind to the Texas Regional Service Designation form(Form I)included in the Proposal.
If you propose to serve a state or states outside of Texas in the event of any potential piggyback award,
you must complete the form titled "Part Two— Gordian Job Order Contracting Core (Out of State)"with
your proposed Coefficient Factors for each state you propose to serve.
6. The Proposer shall set forth all proposed Adjustment Factors and Coefficient Factors in legible figures in
the respective spaces provided in the following form. Failure to submit all factors for all regions or states
which the Vendor proposes to serve will result in the proposal being deemed non-responsive.
PAGE 2 OF 6
FORM S
kv
Bvard
•
Cooperative Purchasing
12007 Research Boulevard•Austin,Texas 78759-2439
PH:800-695-2919 FAX:800-211-5454 •www.vendor.buyboard.com
• ' •N_ - _ :. ;. G O I. L T ID OB I ;,13 G GO•DI N - _ • �
ENTER THE PROPOSER'S ADJUSTMENT FACTOR FOR STANDARD HOURS AND THE PROPOSER'S AD3USTMENT FACTOR
FOR NON-STANDARD HOURS,EACH IDENTIFIED AS A DECIMAL MULTIPLIER OF THE CONSTRUCTION TASK CATALOG
AS DEFINED IN THIS PROPOSAL INVITATION NOT TO EXCEED FOUR DEMAL PLACES,ON EACH OF THE TWO LINES
PROVIDED BELOW FOR EACH LOCATION.
GORDIAN GORDIAN
.zIOCi!
Adjustment Factor for Mjustment Factor for
LOCATION DESCRIPTION Standard Hours Non-Standard Hours
A RioGrande Valley 1.10 1.12
B Corpus Christi/Victoria 1.03 1.05
Houston/Beaumont 1 .00 1 .02
� Waco/Kifleen/College Station/Huntsville 1.02 1.04
E Kilgore/Mount Pleasant/Texarkana 1 .06 1 .08
F Dallas/FortWorth 1 .01 1 .03
Austin/San Marcos/ 1.01 1.03
New Braunfels
H Wichita Falls/Abilene/ 1.10 1.12
San Angelo
I Amarillo 1 .06 1 .08
' Lubbock1 .08 1 .10
K Midland/Odessa 1.10 1.12
� El Paso 1.10 1.12
M San Antonio 1.01 1.03
PAGE 3 of 6
FORM S
Board
• • Cooperative Purchasing
12007 Research Boulevard Austin,Texas 78759'2439
PH:800495-2919 FAX:8OO-2115454•www.vendor.buyboard.com
,PART TWO-GoRDIANoBQRDECoNTRcTINGCflRgLM babe of Texas)
ENTER THE PROPOSER'S COEFFICIENT FOR STANDARD HOURS AND THE PROPOSER'S COEFFICIENT
FOR NON-STANDARD HOURS, EACH IDENTIFIED AS A DECIMAL MULTIPLIER OF THE RS MEANS
CONSTRUCTION PROCUREMENT CATALOG AS DEFINED IN THIS PROPOSAL INVITATION NOT TO
EXCEED FOUR DECIMAL PLACES,ON EACH OF THE TWO LINES PROVIDED BELOW FOR EACH REGION
YOU DESIGNATED FOR SERVICE ON FORM I:
GORDIAN GORDIAN
REGION VAQIIIMIUMBACafifirall0 MILQWEEMNIBACIUMMEt0
Coeffident Factor for Standard Hours Coeffident Factor for Non-Standard Hours
Reg10" 1 0.99 1.01
Region 2 0.92 0.94
Region 3 0.91 0.93
Region 4 0.89 0.91
Region 5 0.89 0.91
RegIon 6 0.89 0.91 Region 7 0.95 0.97 Reglon8 0.96 0.98
Region 9 0.99 1.01
Regon1O 0.95 0.97
Region 11 0.90 0.92
Region 12 0.91 0.93
Region 13 0.90 0.92
Region 14 0.97 0.99
RegIon 15 0.98 1.00
Reston 16 - 0.95 0.97
Region 17 0.97 0.99
Region 18 0.99 1.01
Region 19 0.99 1.01
Region 20 0.90 0.92
PAGE 4 OF 6
FORM S
�3u
Board
Cooperative Purchasing
12007 Research Boulevard•Austin,Texas 78759-2439
PH:8OO-6952919 FAX:800-211-5454•www.vendor.buyboard.com
pART1woGRnIABoRDERcONJMCnNa_CoRE '(O1OE$ThT )
ENTER THE PROPOSER'S COEFFICIENT FOR STANDARD HOURS AND THE PROPOSER'S COEFFICIENT FOR NON-STANDARD
HOURS, EACH IDENTIFIED AS A DECIMAL MULTIPLIER OF THE RS MEANS CONSTRUCTION PROCUREMENT CATALOG AS
DEFINED IN THIS PROPOSAL INVITATION NOT TO CCEED FOUR DECIMAL PLACES, ON EACH OF THE TWO LINES
PROVIDED BELOW FOR EACH STATE YOU DESIGNATED:
GORDIAN GORDIAN
706 ORDER CONTRACTING CORE^' 3OLORDERCONT1NGCORETM
STATE Coeffident Factor for Standard Hours Coefficient Factor for Non-Standard Hours
Alabama N/A N/A
Alaska N/A N/A
Arizona N/A N/A
Arkansas wa N/A
California wn N/A
Colorado N/A N/A
Connecticut N/A N/A
Delaware wa N/A
Florida N/A N/A
Geo •{a N/A NFA
Hawaii N/A NFA
Idaho N/A N/A
Illinois NFA N/A
Indiana N/A NFA
Iowd N/A NIA
Kansas NIA N/A
Kentu. N/A N/A
Louisiana N/A N/A
Maine N/A N/A
Ma land N/A N/A
Massachusetts N/A wn
Michisan N/A N/A
Minnesota N/A N/A
Mississl..1 N/A N/A
Missouri N/A N/A
Montana N/A N/A
Nebraska N/A wn
Nevada N/A N/A
New Ham• hire N/A N/A
New Jerse N/A N/A
New Mexico N/A N/A
New York N/A N/A
North Carolina N/A NIA
North Dakota N/A N/A
Ohio N/A N/A
Oklahoma NIA N/A
Oregon N/A N/A
Pennsylvania N/A N/A
PAGE 5 of 6
FORM S
JLVBoard°
0 0 Cooperative Purobasing
12007 Research Boulevard Austin,Texas 78759-2439
PH:800-695-2919 •FAX:800-211-5454•www.vendor.b board.com
GORDIAN GORDIAN
1ORERC1)?ffkCTING CRETM ii/LOADEILEMTRA1
STATE Coefficient Factor for Standard Hours Coefficient Factor for Non-Standard Hours
Rhode Island N/A N/A
South Carolina N/A NIA
Soptt_Lt__)abota N/A NiA
Tennessee NIA N/A-
Utah -N/A NFAVermont N/A
VI •iniaNIA
N/A
N/A
Washin• • N/A N/A
West Virginia _ WA N/A
WISCOnSIn N/A NJA
W 0mm . N/A N/A
Proposer(Company Name):SKE Constructions LC
,......_._______
1
1 1 I k i ie i -
in"
Name( n ): Y At berhart
Tie: President/CEO
___, _....________
PA 6 o 6
FORM S
00300 Proposal
ScIRDIAN ®
Work Order Signature Document
ezIQC Buy Board Contract No.: 520-16 Area G -SKE
X New Work Order Modify an Existing Work Order
Work Order Number.: 088398.00 Work Order Date: 02/22/2021
Work Order Title: City of Round Rock-South Creek AC Rehab
Owner Name: Utilities and Environmental Services-CitContractor Name: SKE Construction, LLC
Contact: Kit Pekins Contact: Karl Eberhart
Phone: 512-341-3145 Phone: 281-585-4100
Work to be Performed
Work to be performed as per the Final Detailed Scope of Work Attached and as per the terms and conditions of ezIQC
Buy Board Contract No 520-16 Area G-SKE.
Brief Work Order Description:
City of Round Rock- South Creek AC Rehab.
Time of Performance Estimated Start Date:
Estimated Completion Date:
Liquidated Damages Will apply: Will not apply: X
Work Order Firm Fixed Price: $1,697,337.50
Owner Purchase Order Number:
Approvals
Owner Date Contractor Date
Work Order Signature Document Page 1 of 1
2/22/2021
RDIAN ®
Detailed Scope of Work
To: Karl Eberhart From: Kit Pekins
SKE Construction Utilities and Environmental Services-City of
Round Rock
PO Box 1111 3400 Sunrise Rd.
Cypress,TX 77410 Round Rock„TX 78665
281-585-4100 512-341-3145
Date Printed: February 22,2021
Work Order Number: 088398.00
Work Order Title: City of Round Rock-South Creek AC Rehab
Brief Scope: City of Round Rock-South Creek AC Rehab.
Preliminary Revised X Final
The following items detail the scope of work as discussed at the site.All requirements necessary to accomplish the items
set forth below shall be considered part of this scope of work.
1. Traffic control, and trench safety per city specs.
2. Pre-chlorinated pipe bursting of 13,260LF of 6"waterline
3. Pre-chlorinated pipe bursting of 1,000LF of 8"waterline
4. Pre-chlorinated pipe bursting of 200LF of 12"waterline
5. Remove and replace 22 fire hydrants
6. (3) 8x1 short side services
7. (5) 8x1.5 long side dual services
8. (3) 8x1.5 short side dual services
9. (113) 6x 1.5 short side dual services
10. (127)6x1.5 long side dual services
11. (16) 6x 1 short side services
12. Haul off excess excavated material
13. Restore sod,pavement, sidewalk,and curbs.
Subject to the terms and conditions of JOC Contract 520-16 Area G-SKE.
Contractor Date
Owner Date
Scope of Work Page 1 of 1
2/22/2021
Contractor's Price Proposal - Summary
Date: February 22,2021
Re: IQC Master Contract#: 520-16 Area G-SKE
Work Order#: 088398.00
Owner PO#:
Title: City of Round Rock-South Creek AC Rehab
Contractor: SKE Construction,LLC
Proposal Value: $1,697,337.50
Clean Out $3,532.36
Cut Off $1,176.59
FH $68,420.16
GV $50,778.55
Haul Off $22,568.52
Mobilization $0.00
Open Cut $3,736.83
PB $860,054.41
Restoration $106,885.31
Service $165,428.44
Site Work $185,150.71
SWPPP $2,975.06
TCP $15,226.37
WC $211,404.19
____
Proposal Total $1,697,337.50
Thisl total represents the correct total for the proposal. Any discrepancy between line totals,
sub-totals and the proposal total is due to rounding.
The Percentage of NPP on this Proposal: 21.95%
Contractor's Price Proposal-Summary Page 1 of 1
2/22/2021
Contractor's Price Proposal - Detail
Date: February 22,2021
Re: IQC Master Contract#: 52016 Area G-SKE
Work Order#: 088398.00
Owner PO#:
Title: City of Round Rock-South Creek AC Rehab
Contractor: SKE Construction,LLC
Proposal Value: $1,697,337.50
Sect. Item Mod. UOM Description Line Total
Labor Equip. Material (Excludes)
Clean Out
1 33 11 13 23 0011 LF 6"Class 200,SDR 21 Polyvinyl Chloride(PVC)Pressure Pipe $1,801.73
Quantity Unit Price Factor Total
Installation 200.00 X 8.16 X 1.1040 1,801.73
2 33 31 00 00 0105 EA 6"Clean Out Tees With Plug,Polyvinyl Chloride(PVC)Sewer And Drain $1,730.63
Quantity Unit Price Factor Total
Installation 10.00 X 156.76 X 1.1040 1,730.63
Subtotal for Clean Out $3,532.36
Cut Off
3 23 05 23 00 0016 EA 3/4"200 PSI,Non Rising Stem,Crimped Bronze Gate Valve $1,176.59
Quantity Unit Price Factor Total
Installation 15.00 X 71.05 X 1.1040 = 1,176.59
Resident Cut-Off Valve
Subtotal for Cut Off $1,176.59
FH
4 33 11 13 13 0005 LF 6"Mechanical Joint Ductile Iron Pipe $4,098.93
Quantity Unit Price Factor Total
Installation 130.00 X 28.56 X 1.1040 = 4,098.93
FH Lead
5 33 11 13 13 0487 EA 6"Mechanical Joint Ductile Iron Long Sleeves $8,458.30
Quantity Unit Price Factor Total
Installation 22.00 X 348.25 X 1.1040 = 8,458.30
6 33 11 13 13 0503 EA 6"Mechanical Joint Gland,Gasket,T-Head Bolts And Nutsincludes six(6)3/4" $10,258.92
diameter plain finish Boltss with nut.
Quantity Unit Price Factor Total
Installation 350.00 x 26.55 x 1.1040 = 10,258.92
FH Connections
7 33 11 13 53 0137 EA 6"Diameter x 6"Epoxy Coated Carbon Steel Flange,Stainless Steel Tapping $1,021.28
Sleeve(Smith-Blair 662)
Quantity Unit Price Factor Total
Installation 1.00 X 925.07 X 1.1040 1,021.28
8 33 11 13 53 0139 EA 8"Diameter x 6"Epoxy Coated Carbon Steel Flange, Stainless Steel Tapping $1,070.24
Sleeve(Smith-Blair 662)
Quantity Unit Price Factor Total
Installation 1.00 X 969.42 x 1.1040 = 1,070.24
9 33 12 13 23 0013 EA 2"Inlet x 2-1/2"Outlet Steel Flushing Hydrant,3'Bury Depth $460.78
Quantity Unit Price Factor Total
Installation 1.00 X 417.37 x 1.1040 = 460.78
Contractor's Price Proposal-Detail Page 1 of 8
2/22/2021
Contractor's Price Proposal - Detail Continues..
Work Order Number: 088398.00
Work Order Title: City of Round Rock-South Creek AC Rehab
FH
10 33 12 19 00 0043 EA 3'Burial Section,5-1/4"Valve,Two Way,Standard Type(Traditional)Fire $9,082.00
Hydrant
Quantity Unit Price Factor Total
Installation 5.00 x 1,645.29 x 1.1040 9,082.00
11 33 12 19 00 0045 EA 4'Burial Section,5-1/4"Valve,Two Way,Standard Type(Traditional)Fire $5,748.14
Hydrant
Quantity Unit Price Factor Total
Installation 3.00 x 1,735.55 x 1.1040 5,748.14
12 33 12 19 00 0047 EA 5'Burial Section,5-1/4"Valve,Two Way,Standard Type(Traditional)Fire $28,221.57
Hydrant
Quantity Unit Price Factor Total
Installation 14.00 x 1,825.93 x 1.1040 28,221.57
Subtotal for FH $68,420.16
GV
13 33 12 16 00 0040 EA Valve Box Upper And Lower Section $3,003.32
Quantity Unit Price Factor Total
Installation 40.00 x 68.01 x 1.1040 3,003.32
14 33 12 16 00 0041 EA Valve Box Cover"Water"
$480.46
Quantity Unit Price Factor Total
Installation 40.00 x 10.88 x 1.1040 480.46
15 33 12 16 00 0307 EA 6"Resilient Wedge Gate Valve,Mechanical Joint $34,819.28
Quantity Unit Price Factor Total
Installation 44.00 x 716.80 x 1.1040 = 34,819.28
16 33 12 16 00 0308 EA 8"Resilient Wedge Gate Valve,Mechanical Joint $11,454.33
Quantity Unit Price Factor Total
Installation 10.00 x 1,037.53 x 1.1040 11,454.33
17 33 12 16 00 0364 EA 6"Resilient Wedge Tapping Gate Valve,Mechanical Joint X Flanged Joint $1,021.16
Quantity Unit Price Factor Total
Installation 1.00 x 924.96 x 1.1040 1,021.16
Subtotal for GV $50,778.55
Haul Off
18 01 74 19 00 0031 CY Excavated Dirt Landfill Dump Fee $3,415.78
Quantity Unit Price Factor Total
Installation 350.00 x 8.84 x 1.1040 3,415.78
19 01 74 19 00 0032 CY Asphalt,Concrete,Gravel And Subgrade Material,Landfill Dump Fee $7,229.54
Quantity Unit Price Factor Total
Installation 350.00 x 18.71 x 1.1040 7,229.54
20 01 74 19 00 0035 CYM Hauling On Paved Roads,First 15 Miles $11,923.20
Quantity Unit Price Factor Total
Installation 20,000.00 x 0.54 x 1.1040 = 11,923.20
Subtotal for Haul Off $22,568.52
Mobilization
Contractor's Price Proposal-Detail Page 2 of 8
2/22/2021
Contractor's Price roposal -Detail Continues..
Work Order Number: 088398.00
Work Order Title: City of Round Rock-South Creek AC Rehab
Mobilization
21 01 71 13 00 0002 EA Equipment Delivery,Pickup, Mobilization And Demobilization Using A Rollback $0.00
Flatbed Trucklncludes delivery of equipment,off loading on site,rigging,
dismantling,loading and transporting away.For equipment such as trenchers,
skid-steer loaders(bobcats),industrial warehouse forklifts,sweepers,
scissor platform lifts,telescoping and articulating boom manlifts with up to 40'
boom lengths,etc.
Quantity Unit Price Factor Total
Installation 0.00 x 150.00 x 1.1040 0.00
22 33 01 30 71 0011 EA Initial Set-up Pipe Bursting Equipment $0.00
Quantity Unit Price Factor Total
Installation 0.00 x 2,985.10 x 1.1040 0.00
23 33 13 00 00 0002 EA Setting Up And Removing Equipment For Water Main Disinfection/Sterilization, $0.00
Gas Chlorination Method
Quantity Unit Price Factor Total
Installation 0.00 x 362.04 x 1.1040 0.00
Subtotal for Mobilization $0.00
Open Cut
24 31 23 16 13 0004 CY 12"Wide or Less,Excavation for Trenching by Machine in Loose Rock $3,038.21
Quantity Unit Price Factor Total
Installation 320.00 x 8.60 x 1.1040 - 3,038.21
25 31 23 16 13 0010 CY Backfilling or Placing Subbase for Trenches with Imported or Stockpiled $650.04
Materials by Machine
Quantity Unit Price Factor Total
Installation 320.00 x 1.84 x 1.1040 - 650.04
26 31 23 16 13 0045 LF Backfill 6"Wide,36"Deep Trench,With Compaction $48.58
Quantity Unit Price Factor Total
Installation 100.00 x 0.44 x 1.1040 48.58
Subtotal for Open Cut $3,736.83
PB
27 01 22 20 00 0015 HR LaborerFor tasks not included in the Construction Task Catalog®and as $20,811.50
directed by owner only.
Quantity Unit Price Factor Total
Installation 700.00 x 26.93 x 1.1040 - 20,811.50
28 01 22 20 00 0015 0004 For Foreman,Add $298.08
Quantity Unit Price Factor Total
Installation 200.00 x 1.35 x 1.1040 298.08
29 33 01 30 71 0012 EA Re-Set Up/Move Pipe Bursting Equipment $49,433.26
Quantity Unit Price Factor Total
Installation 30.00 x 1,492.55 x 1.1040 = 49,433.26
30 33 01 30 71 0028 LF 6"Diameter,Static Head Pipe Bursting $244,250.73
Quantity Unit Price Factor Total
Installation 13,360.00 x 16.56 x 1.1040 244,250.73
31 33 01 30 71 0029 LF 8"Diameter,Static Head Pipe Bursting $20,368.80
Quantity Unit Price Factor Total
Installation 1,000.00 x 18.45 x 1.1040 20,368.80
Contractor's Price Proposal-Detail Page 3 of 8
2/22/2021
Contractor's Price Proposal - Detail Continues..
Work Order Number: 088398.00
Work Order Title: City of Round Rock-South Creek AC Rehab
PB
32 33 01 30 71 0031 LF 12"Diameter,Static Head Pipe Bursting $5,246.21
Quantity Unit Price Factor Total
Installation 200.00 x 23.76 x 1.1040 5,246.21
33 33 11 13 23 0000 LF Hercules 800G GrundoBurst Machine $232,960.00
Quantity Unit Price Factor Total
NPP Installation 14,560.00 x 16.00 x 1.0000 = 232,960.00
34 33 11 13 23 0430 LF 6"DR 21,Butt Fusion Joint High Density Polyethylene(HDPE)Pressure Pipe $174,043.39
Quantity Unit Price Factor Total
Installation 13,360.00 x 11.80 x 1.1040 = 174,043.39
35 33 11 13 23 0431 LF 8"DR 21,Butt Fusion Joint High Density Polyethylene(HDPE)Pressure Pipe $16,847.04
Quantity Unit Price Factor Total
Installation 1,000.00 x 15.26 x 1.1040 = 16,847.04
36 33 11 13 23 0433 LF 12"DR 21,Butt Fusion Joint High Density Polyethylene(HDPE)Pressure Pipe $5,531.04
Quantity Unit Price Factor Total
Installation 200.00 x 25.05 x 1.1040 = 5,531.04
37 33 11 13 23 1431 LF MOD for 8"DR11 (200 PSI) $6,855.84
Quantity Unit Price Factor Total
N P P Installation =
1,000.00 x 6.21 x 1.1040 6,855.84
38 33 11 13 23 1433 LF MOD for 12"DR11 (200 PSI) $3,075.74
Quantity Unit Price Factor Total
NPP Installation 200.00 x 13.93 x 1.1040 = 3,075.74
39 33 11 13 23 1441 LF MOD for 6"DR11 (200 PSI) $76,844.58
Quantity Unit Price Factor Total
NPP Installation = 76,844.58
13,360.00 x 5.21 x 1.1040
40 33 13 00 00 0005 LF 6"Diameter Pipe Water Main Disinfection/Sterilization $3,097.38
Quantity Unit Price Factor Total
Installation 13,360.00 x 0.21 x 1.1040 = 3,097.38
41 33 13 00 00 0006 LF 8"Diameter Pipe Water Main Disinfection/Sterilization $298.08
Quantity Unit Price Factor Total
Installation 1,000.00 x 0.27 x 1.1040 298.08
42 33 13 00 00 0008 LF 12"Diameter Pipe Water Main Disinfection/Sterilization $92.74
Quantity Unit Price Factor Total
Installation 200.00 x 0.42 x 1.1040 92.74
Subtotal for PB $860,054.41
Restoration
43 31 05 13 00 0003 CY 3/8"Minus,ASTM C33,Screened/Washed Bedding Sand $12,753.41
Quantity Unit Price Factor Total
Installation 320.00 x 36.10 x 1.1040 = 12,753.41
44 31 05 16 00 0004 CY #4 Stone Aggregate Fill(3/4"To 1-1/2"Clean) $14,844.83
Quantity Unit Price Factor Total
Installation 320.00 x 42.02 x 1.1040 = 14,844.83
Service&Excavation Bedding
45 31 32 13 19 0003 TON Cement Stabilized Base Material $780.53
Quantity Unit Price Factor Total
Installation 10.00 x 70.70 x 1.1040 780.53
Under Pavement
Contractor's Price Proposal-Detail Page 4 of 8
2/22/2021
Contractor's Price roposal -Detail Continues..
Work Order Number: 088398.00
Work Order Title: City of Round Rock-South Creek AC Rehab
Restoration
46 32 12 16 13 0016, SY 2"Thick Surface Courselncludes placement,rolling,finishing and sweeping. $673.66
Quantity Unit Price Factor Total
Installation 60.00 x 10.17 x 1.1040 673.66
HMAC
47 32 16 13 13 0020 LF 6"x 24"Concrete Gutter With 6"Curb And Face-Straight $4,073.76
Quantity Unit Price Factor Total
Installation 200.00 x 18.45 x 1.1040 - 4,073.76
48 32 16 23 00 0004 SF 6"Cast In Place Concrete Sidewalk $52,362.72
Quantity Unit Price Factor Total
Installation 9,000.00 x 5.27 x 1.1040 - 52,362.72
49 32 92 23 00 0065 MSF Up To 1,000 SF,St.Augustine Sod,Installed On Level Ground $21,396.40
Quantity Unit Price Factor Total
Installation 32.00 x 605.65 x 1.1040 - 21,396.40
Subtotal for Restoration $106,885.31
Service
50 33 11 13 23 0010 LF 4"Class 200,SDR 21 Polyvinyl Chloride(PVC)Pressure Pipe $2,941.06
Quantity Unit Price Factor Total
Installation 600.00 x 4.44 x 1.1040 2,941.06
51 33 11 13 23 1006 LF 1X100 CTS SDR9 HDPE PIPE 250# $278.40
Quantity Unit Price Factor Total
NPP Installation = 278.40
240.00 x 1.16 x 1.0000
52 33 11 13 23 1007 LF 1-1/2X100 CTS SDR9 HDPE PIPE 250# $8,250.20
Quantity Unit Price Factor Total
'.'.' Installation = 8,250.20
5,810.00 x 1.42 x 1.0000
53 33 11 13 23 1008 LF 2X100 CTS SDR9 HDPE PIPE 250# $132.50
Quantity Unit Price Factor Total
NPP Installation 50.00 x 2.65 x 1.0000 = 132.50
54 33 11 13 39 1054 EA LF 1-1/2X3/4 U48-63-G-NL U-BRANCH PC $21,033.60
Quantity Unit Price Factor Total
p,Ap` Installation =
240.00 x 87.64 x 1.0000 21,033.60
U-Branch
55 33 11 13 53 0079 EA 6"Diameter x 3/4"To 1"Tap Stainless Steel Double Straps,Bronze Body $3,834.50
Service Saddle(Mueller BR2S)
Quantity Unit Price Factor Total
Installation 16.00 x 217.08 x 1.1040 3,834.50
56 33 11 13 53 0080 EA 6"Diameter x 1-1/4"To 2"Tap Stainless Steel Double Straps,Bronze Body $58,370.73
Service Saddle(Mueller BR2S)
Quantity Unit Price Factor Total
Installation 221.00 x 239.24 x 1.1040 58,370.73
57 33 11 13 53 0081 EA 8"Diameter x 3/4"To 1"Tap Stainless Steel Double Straps,Bronze Body $829.32
Service Saddle(Mueller BR2S)
Quantity Unit Price Factor Total
Installation 3.00 x 250.40 x 1.1040 829.32
58 33 11 13 53 0082 EA 8"Diameter x 1-1/4"To 2"Tap Stainless Steel Double Straps,Bronze Body $2,325.73
Service Saddle(Mueller BR2S)
Quantity Unit Price Factor Total
Installation 8.00 x 263.33 x 1.1040 - 2,325.73
Contractor's Price Proposal-Detail Page 5 of 8
2/22/2021
Contractor's Price Proposal -Detail Continues..
Work Order Number: 088398.00
Work Order Title: City of Round Rock-South Creek AC Rehab
Service
59 33 12 16 00 0036 EA 12"Wide x 16"Long x 16"Deep Plastic Meter Box And Cover $1,612.94
Quantity Unit Price Factor Total
Installation 10.00 x 146.10 x 1.1040 1,612.94
Single Meter Boxes
60 33 12 16 00 0125 EA 3/4"Threaded,Class 150,Bronze Angle Valve $1,143.08
Quantity Unit Price Factor Total
Installation 20.00 x 51.77 x 1.1040 1,143.08
61 33 12 16 00 0246 EA 1"Ball Corporation Valve $1,399.31
Quantity Unit Price Factor Total
Installation 19.00 x 66.71 x 1.1040 = 1,399.31
62 33 12 16 00 0247 EA 1-1/2"Ball Corporation Valve $32,193.96
Quantity Unit Price Factor Total
Installation 228.00 x 127.90 x 1.1040 - 32,193.96
63 33 12 16 00 0257 EA 3/4"Ball Curb Valve $28,745.51
Quantity Unit Price Factor Total
Installation 380.00 x 68.52 x 1.1040 28,745.51
64 33 12 16 00 1036 EA 17X15 MTR BX W/LCK LID Double Meter Box $2,337.60
Quantity Unit Price Factor Total
NPP Installation 10.00 x 233.76 x 1.0000 = 2,337.60
Double Meter Boxes
Subtotal for Service $165,428.44
Site Work
65 01 22 20 00 0036 HR Truck Driver,LightFor tasks not included in the Construction Task Catalog® $14,837.76
and as directed by owner only.
Quantity Unit Price Factor Total
Installation 300.00 x 44.80 x 1.1040 - 14,837.76
66 01 22 23 00 0265 WK 3,000 LB Capacity,78"Wide,Tracked Skid-Steer Loader(Bobcat)With $61,937.45
Full-Time Operator
Quantity Unit Price Factor Total
Installation 18.00 x 3,116.82 x 1.1040 = 61,937.45
67 01 22 23 00 0267 DAY Hydraulic Hammer Attachment For Skid-Steer Loaders $3,798.64
Quantity Unit Price Factor Total
Installation 20.00 x 172.04 x 1.1040 3,798.64
68 01 22 23 00 0385 WK 11,000 LB Mini-Excavator With Full-Time Operator(Bobcat 337) $67,830.09
Quantity Unit Price Factor Total
Installation 18.00 x 3,413.35 x 1.1040 = 67,830.09
Excavation
69 01 22 23 00 0391 DAY 1 CY,24"Bucket,14'-4"Deep,75 HP,Loader-Backhoe With Full-Time $17,399.04
Operator
Quantity Unit Price Factor Total
Installation 20.00 x 788.00 x 1.1040 = 17,399.04
70 02 41 19 13 0058 LF Saw Cut In Streets,Concrete And Asphalt Up To 4"Depth $3,788.93
Quantity Unit Price Factor Total
Installation 2,600.00 x 1.32 x 1.1040 3,788.93
Open Cut&Side Walk
Contractor's Price Proposal-Detail Page 6 of 8
2/22/2021
Contractor's Price roposal -Detail Continues..
Work Order Number: 088398.00
Work Order Title: City of Round Rock-South Creek AC Rehab
Site Work
71 02 41 19 13 0058 0030 For Each Additional Pass(Depth To 3"),Add $0.00
Quantity Unit Price Factor Total
Installation 0.00 x 0.47 x 1.1040 0.00
72 03 31 13 00 0035 CY Up To 6",By Direct Chute,Place 3,000 PSI Concrete Slab On Grade $10,723.43
Quantity Unit Price Factor Total
Installation 75.00 x 129.51 x 1.1040 10,723.43
Thrust Blocking
73 11 68 13 00 1689 EA ADA Wide Ramp 16808 $4,687.63
Quantity Unit Price Factor Total
Installation 1.00 x 4,246.04 x 1.1040 4,687.63
74 32 16 13 16 0009 EA Sidewalk/Curb Steel Facing,Pedestrian Ramps,Two Drops Per Section $147.74
Quantity Unit Price Factor Total
Installation 1.00 x 133.82 x 1.1040 147.74
Subtotal for Site Work $185,150.71
SWPPP
75 31 25 14 26 0003 LF 2'High Silt Fence with Stakes at 4'On Center $1,302.72
Quantity Unit Price Factor Total
Installation 1,000.00 x 1.18 x 1.1040 1,302.72
76 31 25 14 26 0028 EA Wattles(Sterile Straw Filled Rolls),12"x 20' $1,672.34
Quantity Unit Price Factor Total
Installation 20.00 x 75.74 x 1.1040 1,672.34
Subtotal for SWPPP $2,975.06
TCP
77 01 11 11 15 1000 LS Traffic Control Plan Engineer Signed&Sealed $3,312.00
Quantity Unit Price Factor Total
NPP Installation 1.00 x 3,000.00 x 1.1040 3,312.00
78 01 22 20 00 0053 HR Flagperson For Traffic Control $11,914.37
Quantity Unit Price Factor Total
Installation 400.00 x 26.98 x 1.1040 11,914.37
Subtotal for TCP $15,226.37
WC
79 33 11 13 13 0020 EA 6"Mechanical Joint Ductile Iron 90 Degree Elbow $322.15
Quantity Unit Price Factor Total
Installation 1.00 x 291.80 x 1.1040 322.15
80 33 11 13 13 0021 EA 8"Mechanical Joint Ductile Iron 90 Degree Elbow $455.75
Quantity Unit Price Factor Total
Installation 1.00 x 412.82 x 1.1040 455.75
81 33 11 13 13 0035 EA 6"Mechanical Joint Ductile Iron 45 Degree Elbow $270.04
Quantity Unit Price Factor Total
Installation 1.00 x 244.60 x 1.1040 270.04
82 33 11 13 13 0036 EA 8"Mechanical Joint Ductile Iron 45 Degree Elbow $380.99
Quantity Unit Price Factor Total
Installation 1.00 x 345.10 x 1.1040 380.99
Offsets
Contractor's Price Proposal-Detail Page 7 of 8
2/22/2021
Contractor's Price Proposal - Detail Continues..
Work Order Number: 088398.00
Work Order Title: City of Round Rock-South Creek AC Rehab
WC
83 33 11 13 13 0107 EA 6"x 6"Mechanical Joint Ductile Iron Tee $12,141.79
Quantity Unit Price Factor Total
Installation 26.00 x 423.00 x 1.1040 12,141.79
84 33 11 13 13 0109 EA 8"x 6"Mechanical Joint Ductile Iron Tee $9,190.93
Quantity Unit Price Factor Total
Installation 16.00 x 520.32 x 1.1040 - 9,190.93
85 33 11 13 13 0110 EA 8"x 8"Mechanical Joint Ductile Iron Tee $10,902.22
Quantity Unit Price Factor Total
Installation 16.00 x 617.20 x 1.1040 = 10,902.22
86 33 11 13 13 0301 EA 8"x 8"Mechanical Joint Ductile Iron Cross $747.15
Quantity Unit Price Factor Total
Installation 1.00 x 676.77 x 1.1040 747.15
87 33 11 13 13 0443 EA 8"Mechanical Joint Ductile Iron Caps $572.05
Quantity Unit Price Factor Total
Installation 2.00 x 259.08 x 1.1040 572.05
88 33 11 13 13 0488 EA 8"Mechanical Joint Ductile Iron Long Sleeves $3,376.25
Quantity Unit Price Factor Total
Installation 6.00 x 509.70 x 1.1040 = 3,376.25
89 33 11 13 13 0504 EA 8"Mechanical Joint Gland,Gasket,T-Head Bolts And Nutslncludes six(6)3/4" $5,153.47
diameter plain finish Boltss with nut.
Quantity Unit Price Factor Total
Installation 150.00 x 31.12 x 1.1040 = 5,153.47
90 33 11 13 13 0544 EA 6"Mechanical Joint Restraints For Ductile Iron Pipe(Megalug 1100) $96,364.30
Quantity Unit Price Factor Total
Installation 350.00 x 249.39 x 1.1040 96,364.30
91 33 11 13 13 0545 EA 8"Mechanical Joint Restraints For Ductile Iron Pipe(Megalug 1100) $54,055.15
Quantity Unit Price Factor Total
Installation 150.00 x 326.42 x 1.1040 = 54,055.15
92 33 11 13 13 1036 EA 8 HYMAX LONG BODY COUP 8.54-9.84 $2,390.85
Quantity Unit Price Factor Total
NPP Installation = 2,390.85
5.00 x 478.17 x 1.0000
93 33 11 13 13 1037 EA 6 HYMAX LONG BODY COUP 8.54-9.84 $14,367.90
Quantity Unit Price Factor Total
NPP Installation 20.00 x 650.72 x 1.1040 = 14,367.90
94 33 11 13 13 1038 EA 12 OS HYMAX LB COUP 13.15-14.41 $713.20
Quantity Unit Price Factor Total
NPP Installation = 713.20
1.00 x 646.01 x 1.1040
Subtotal for WC $211,404.19
Proposal Total $1,697,337.50
This total represents the correct total for the proposal. Any discrepancy between line totals,
sub-totals and the proposal total is due to rounding.
The Percentage of NPP on this Proposal: 21.95%
Contractor's Price Proposal-Detail Page 8 of 8
2/22/2021
GRD1AN®
Subcontractor Listing
Date: February 22,2021
Re: IQC Master Contract#: 520-16 Area G-SKE
Work Order#: 088398.00
Owner PO#:
Title: City of Round Rock-South Creek AC Rehab
Contractor: SKE Construction,LLC
Proposal Value: $1,697,337.50
Name of Contractor Duties Amount
No Subcontractors have been $0.00 0.00
selected for this Work Order
Subcontractor Listing Page 1 of 1
2/22/2021
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 da of L. in the year 20
) Y
BETWEEN the Owner: City of Round Rock,Texas(hereafter"Owner"or"City")
221 East Main Street
Round Rock,Texas 78664
and the Contractor SKE Construction,LLC ("Contractor")
P.O.Box 1111
Cypress,Texas 77410
The Project is described as: South Creek Asbestos-Cement Waterline Pipe Bursting
The Engineer is: David Freireich,P.E.
City of Round Rock
3400 Sunrise Road
Round Rock,Texas 78665
For and in consideration of the mutual terms, conditions and covenants of this Agreement and all
accompanying documents between Owner and Contractor, the receipt and sufficiency of which are hereby
acknowledged,Owner and Contractor agree as follows:
ARTICLE I THE CONTRACT DOCUMENTS
The Contract Documents consist of this Agreement,Conditions of the Contract(General,Supplementary and
other Conditions), Drawings, Specifications,Addenda issued prior to execution of this Agreement, other documents
listed in this Agreement and Modifications issued after execution of this Agreement;these form the Contract,and are
as fully a part of the Contract as if attached to this Agreement or repeated herein. The Contract represents the entire
and integrated agreement between the parties hereto and supersedes prior negotiations,representations or agreements,
either written or oral.An enumeration of the Contract Documents,other than Modifications,appears in Article 7.
ARTICLE 2 THE WORK OF THIS CONTRACT
Contractor shall fully execute the Work described in the Contract Documents,except to the extent specifically
indicated in the Contract Documents to be the responsibility of others.
00500 4-2020 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 da e of commencement of the Work shall be the date of this Agreement unless a different date is stated
below or provis on is made for the date to be fixed in a Notice to Proceed issued by Owner.
3.2 The C o ntract Time shall be measured from the date delineated in the Notice to Proceed.
3.3 Contra for shall commence Work within two hundred �� (200 ) calendar days
a .
from the date d;lineated in the Notice to Proceed.
3.4 Contra for shall achieve Substantial Completion of the items of Work listed on Attachment A to this
Agreement no 1.:ter than N/A (N/A )calendar days from issuance by Owner of Notice to Proceed,
and Contract,s r shall achieve Substantial Completion of the entire Work no later than
two hundred te (210 )calendar days from issuance by Owner of Notice to Proceed,subject to
adjustments of•I is 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. 0 ) for each calendar day that Substantial Completion is delayed after the date(s)
specified for Sibstantial 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 Substa tial Completion of the Work(or any portion thereof)on or before the date(s)specified for Substantial
Completion in she Agreement and is not a penalty. It is agreed that the harm that would be caused by such failure,
which includes I oss of expected use of the Project areas,provision of alternative storage facilities and rescheduling of
moving and oc cupancy 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) specifies for Substantial Completion in the Agreement, the Owner shall have the option to either collect
liquidated dam.ges 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 she Work(or any portion thereof)in the Agreement shall be subject to adjustment as provided in the
Contract Docu ents.
3.6 Contr.ctor shall achieve Final Completion of the entire Work no later than two hundred ten
(210 )cale o dar 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
One million six hundred ninety seven thousand three hundred thirty seven and fifty cents
($ 1,697,337.5Q ),subject to additions and deductions as provided in the Contract Documents.
4.2 Does the Contract Sum include alternates which are described in the Bid Form?
No X Yes .Ifyes,please provide details below:
N/A N/A
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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 42020 Page 3 of 5 Standard Form of Agreement
00443647
6.2 The ork may be suspended by Owner as provided in Article 15 of the General Conditions.
ARTICLE 7 ENUMERATION OF CONTRACT DOCUMENTS
7.1 The C ntract Documents,except for Modifications issued after execution of this Agreement,are enumerated
as follows:
7.1.1 The A:reement is this executed version of the City of Round Rock, Texas Standard Form of Agreement
between Owne and Contractor,as modified.
7.1.2 The eneral Conditions are the "City of Round Rock Contract Forms 00700," General Conditions, as
modified.
7.1.3 The S pplementary,Special,and other Conditions of the Contract are those contained in the Project Manual
dated i arch 2021
7.1.4 The S ecifications are those contained in the Project Manual dated March 2021
7.1.5 The D awings,if any,are those contained in the Project Manual dated March 2021
7.1.6 The I ;urance&Construction Bond Forms of the Contract are those contained in the Project Manual dated
Ma ch 2021
7.1.7 The N tice to Bidders,Instructions to Bidders,Bid Form,and Addenda,if any,are those contained in the
Project Manual dated March 2021
7.1.8 If this Agreement covers construction involving federal funds, thereby requiring inclusion of mandated
contract clause., such federally required clauses are those contained in the "City of Round Rock Contract Forms
03000,"Federal ly Required Contract Clauses,as modified.
7.1.9 Other I ocuments,if any,forming part of the Contract Documents are as follows:
Buy :>oard Contract Proposal 520-16 Area G-SKE
ARTICLE 8 MISCELLANEOUS PROVISIONS
8.1 Wher: reference is made in this Agreement to a provision of any document, the reference refers to that
provision as a ended or supplemented by other provisions of the Contract Documents.
8.2 Owne 's representative is: Juan Martinez,Engineer Associate
City of Round Rock
3400 Sunrise Road
Round Rock,Texas 78665
8.3 Contr.ctor's representative is: Brooke Kostak
SKE Construction,LLC
P.O.Box 1111
Cypress,Texas 77410
8.4 Neith;r Owner's nor Contractor's representative shall be changed without ten(10)days'written notice to the
other party.
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00443647
8.5 Waiver of any breach of this Agreement shall not constitute waiver of any subsequent breach.
8.6 Owner agrees to pay Contractor from available funds for satisfactory performance of this Agreement in
accordance with the bid or proposal submitted therefor,subject to proper additions and deductions,all as provided in
the General Conditions, Supplemental Conditions, and Special Conditions of this Agreement, and Owner agrees to
make payments on account thereof as provided therein. Lack of funds shall render this Agreement null and void to
the extent funds are not available. This Agreement is a commitment of City of Round Rock's current revenues only.
8.7 Although this Agreement is drawn by Owner,both parties hereto expressly agree and assert that,in the event
of any dispute over its meaning or application,this Agreement shall be interpreted reasonably and fairly,and neither
more strongly for nor against either party.
8.8 This Agreement shall be enforceable in Round Rock,Texas, and if legal action is necessary by either party
with respect to the enforcement of any or all of the terms or conditions herein, exclusive venue for same shall lie in
Williamson County, Texas. This Agreement shall be governed by and construed in accordance with the laws and
court decisions of the State of Texas.
8.9 Both parties hereby expressly agree that no claims or disputes between the parties arising out of or relating
to this Agreement or a breach thereof shall be decided by an arbitration proceeding,including without limitation,any
proceeding under the Federal Arbitration Act(9 USC Section 1-14)or any applicable state arbitration statute.
8.10 The parties, by execution of this Agreement, bind themselves, their heirs, successors, assigns, and legal
representatives for the full and faithful performance of the terms and provisions hereof.
This Agreement is entered into as of the day and year first written above and is executed in at least two(2)
original copies,of which one is to be delivered to Owner.
OWNER CONTRACTOR
CITY OF ' 1 "►
O UND ROCK,TE AS �. � r�1► ��
firj
4401, , OA
Printed Nam:. is itak 1 Printed N. -0 v2i.
ecdrar\---
Title KAAJ� ►» Title:
Date Signed: ` 5`71 Date Signed:
g g
ATTEST:
CqP44/1''429,143(7i
City Clerk
FOR T APPROVED A. TO FORM:
16 PT;
City Atto !y
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"elixiible 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.
6,
Bond Number TXC614120
PERFORMANCE BOND
THE STATE OF TEXAS
KNOW ALL BY THESE PRESENTS:
COUNTY OF WILLIAMSON
That SKE Construction,LLC , of the City of Cypress , County
of Harris , and State of Texas , as Principal, and
Merchants Bonding Company(Mutual)authorized under the law of the State of Texas to act as surety on bonds for
principals, are held and firmly bound unto the CITY OF ROUND ROCK,TEXAS (Owner), in
the penal sum of One million six hundred ninety seven thousand three hundred thirty seven and fifty cents Dollars ($ 1,697,337.50
for the payment whereof,well and truly to be made the said Principal and Surety bind themselves,
and their heirs, administrators, executors, successors and assigns,jointly and severally, by these
presents:
WHEREAS the Principal has entered into a certain written Agreement with the Owner dated the
,, day of AM I.—, 200i 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:
South Creek Asbestos-Cement Waterline Pipe Bursting
NOW, THEREFORE, THE CONDITIONS OF THIS OBLIGATION IS SUCH, that if the said
Principal shall faithfully perform said Agreement and shall, in all respects, duly and faithfully
observe and perform all and singular the covenants, conditions and agreements in and by said
Agreement, agreed and covenanted by the Principal to be observed and performed, including but
not limited to, the repair of any and all defects in said work occasioned by and resulting from
defects in materials furnished by or workmanship of,the Principal in performing the Work covered
by said Agreement and occurring within a period of twelve (12) months from the date of Final
Completion and all other covenants and conditions, according to the true intent and meaning of
said Agreement and the Plans and Specifications hereto annexed,then this obligation shall be void;
otherwise to remain in full force and effect;
PROVIDED, HOWEVER,that this bond is executed pursuant to the provisions of Chapter 2253,
Texas Government Code, as amended, and all liabilities on this bond shall be determined in
accordance with the provisions of said Chapter 2253 to the same extent as if it were copied at
length herein.
Page 1
00610 4-2020 Performance Bond
00443639
PERFORMANCE BOND (continued)
Surety, for value received, stipulates and agrees that no change, extension of time, alteration or
addition to the terms of the Agreement, or to the Work performed thereunder, or the Plans.
Specifications, or drawings accompanying the same, shall in anywise affect its obligation on this
bond,and it does hereby waive notice of any such change,extension of time,alteration or addition
to the terms of the Agreement, or to the work to be performed thereunder.
If Principal fails to faithfully perform said Agreement, Surety, after receipt of written notice of
Principal's default,shall perform all of Principal's duties and obligations under the Agreement. If,
within ten (10) days after receipt of such notice from Owner, Surety does not commence to
complete the obligations of Principal with a contractor acceptable to Owner and diligently
complete the performance of the Principal's duties and obligations,Owner shall have the right but
not the obligation to have the duties and obligations of Principal performed. In such event, Surety
shall pay to Owner,upon demand, all costs,expenses and damages sustained by Owner as a result
of Principal's failure to perform its duties and obligations under the Agreement up to the
Penal sum of this Performance Bond, plus all costs and expenses, including
attorney's fees and expert and consultant fees incurred by Owner to enforce its rights under this
Performance Bond.
IN WITNESS WHWOF, the said Principal and Surety have signed and sealed this instrument
this day of MOKY) , 20 21 .
SKE Construction,LLC Merchants Bonding Company(Mutual)
Principal Surety
Shelly Eberhart Denise Raker
Printed Name Printed Name
By A By: kC4C)i(S' tag/1_,
Title: Pre.6 VCR) Title: Attorney-in-Fact
Address: po Box itti Address: P.O.Box 144.98
Cypress,TX 77410 Des Moines, Iowa 50306-3498
800-678-8171
Resident Agent of Surety:
Signature
Denise Raker
Printed Name
Higginbotham Insurance Agency
Street Address
11700 Katy Frw.,Ste. 1100;Houston,TX 77079
City, State&Zip Code
Page 2
00610 4-2020 Performance Bond
00443639
Bond Number TXC614120
PAYMENT BOND
THE STATE OF TEXAS
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF WILLIAMSON
That SKE Construction,LLC , of the City of Cypress
County of Harris , and State of Texas , as Principal, and
Merchants Bonding Company(Mutual) authorized under the laws of the State of Texas to act as Surety
on Bonds for Principals, are held and firmly bound unto the CITY OF ROUND ROCK,TEXAS
(OWNER), and all subcontractors, workers, laborers, mechanics and suppliers as their interest
may appear, all of whom shall have the right to sue upon this bond, in the penal sum of
One million six hundred ninety seven thousand three hundred thirty seven and fifty cents
Dollars($ 1,697,337.50 )for the payment whereof,well and truly be made the said
Principal and Surety bind themselves and their heirs, administrators, executors, successors, and
assigns,jointly and severally, by these presents:
WHEREAS. the Principal has entered into a certain written Agreement with the Owner,dated the
04' day of 20 to which Agreement is hereby referred to
and made a part hereof as fully and to the same extent as if copied at length herein consisting of:
South Creek Asbestos-Cement Waterline Pipe Bursting
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said
Principal shall well and truly pay all subcontractors,workers, laborers, mechanics, and suppliers,
all monies to them owing by said Principals for subcontracts,work,labor,equipment,supplies and
materials done and furnished for the construction of the improvements of said Agreement, then
this obligation shall be and become null and void; otherwise to remain in full force and effect.
PROVIDED, HOWEVER,that this bond is executed pursuant to the provisions of Chapter 2253,
Texas Government Code, as amended, and all liabilities on this bond shall be determined in
accordance with the provisions of said Chapter 2253 to the same extent as if it were copied at
length herein.
Page I
00620 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 day of MCNYCY1 , 20 21
SKE Construction, LLC Merchants Bonding Company(Mutual)
Principal Surety
Shelly Eberhart Denise Raker
Print-z ame Printed Name
1110
,A
B . By: /1k/rade°.
Titl;. 'resident/ 0 Title: Attorney-in-Fact
Address: PO liii Address: PO Box 14498
Cyp s,TX 77410 Des Moines, IA 50306
800-678-8171
Resident Agent of Surety:
Signature
Denise Raker
Printed Name
Higginbotham
Street Address
11700 Katy Fwy, Ste 1100,Houston,TX 77079
City, State &Zip Code
Page 2
00620 1-2020 Payment Bond
00090656
M E RC HAN
BONDING COMPANY-§.
POWER OF ATTORNEY
Know All Persons By These Presents,that MERCHANTS BONDING COMPANY(MUTUAL)and MERCHANTS NATIONAL BONDING, INC..
both being corporations of the State of Iowa(herein collectively called the"Companies")do hereby make,constitute and appoint, individually,
Chris Kolkhorst: Denise Raker; Henry D Childers; James R Reid; Michael Maddux; Ryan K Moss; Stacie Clark
their true and lawful Attorney(s)-in-Fact, to sign its name as surety(ies) and to execute, seal and acknowledge any and all bonds. undertakings,
contracts and other written instruments in the nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity
of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any
actions or proceedings allowed by law.
This Power-of-Attorney is granted and is signed and sealed by facsimile under and by authority of the following By-Laws adopted by the Board
of Directors of Merchants Bonding Company (Mutual) on April 23, 2011 and amended August 14, 2015 and adopted by the Board of Directors
of Merchants National Bonding, Inc.,on October 16,2015.
"The President, Secretary, Treasurer, or any Assistant Treasurer or any Assistant Secretary or any Vice President shall have power and authority
to appoint Attorneys-in-Fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and
undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof."
"The signature of any authorized officer and the seal of the Company may be affixed by facsimile or electronic transmission to any Power of Attorney
or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the
Company,and such signature and seal when so used shall have the same force and effect as though manually fixed."
In connection with obligations in favor of the Florida Department of Transportation only, it is agreed that the power and aut hority hereby given to the
Attorney-in-Fact includes any and all consents for the release of retained percentages and/or final estimates on engineering and construction
contracts required by the State of Florida Department of Transportation. It is fully understood that consenting to the State of Florida Department
of Transportation making payment of the final estimate to the Contractor and/or its assignee, shall not relieve this surety company of any of
its obligations under its bond.
In connection with obligations in favor of the Kentucky Department of Highways only,it is agreed that the power and authority hereby given
to the Attorney-in-Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner-
Department of Highways of the Commonwealth of Kentucky at least thirty(30)days prior to the modification or revocation.
In Witness Whereof,the Companies have caused this instrument to be signed and sealed this 17th day of April , 2020
*%-cI0 Ng 1kG Coy? •
•
'.POR'••.' ' •• .,•'�P it"' �,�'� MERCHANTS BONDING COMPANY(MUTUAL)
.4% cj '9>` ..2 Is • �;� � � .4; MERCHANTS NATIONAL BONDING, INC.
•
•
_ ; 2003 •!T •••v
1933 By
•
' • "'Y•
o 1�i► President
•. •
•
STATE OF IOWA ••�'''""`'��•• ••••`•••
COUNTY OF DALLAS ss.
On this 17th day of April 2020 , before me appeared Larry Taylor. to me personally known, who being by me duly sworn
did say that he is President of MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC.; and that the
seals affixed to the foregoing instrument are the Corporate Seals of the Companies; and that the said instrument was signed and sealed in behalf
of the Companies by authority of their respective Boards of Directors.
�'atAL s POLLY MASON
0 Commission Number 750576
? MyCommission Expires
P
iQvvP January 07, 2023 Notary Public
(Expiration of notary's commission
does not invalidate this instrument)
I,William Warner,Jr.,Secretary of MERCHANTS BONDING COMPANY(MUTUAL)and MERCHANTS NATIONAL BONDING, INC.,do hereby
certify that the above and foregoing is a true and correct copy of the POWER-OF-ATTORNEY executed by said Companies,which is still in full
force and effect and has not been amended or revoked.
In Witness Whereof, I have hereunto set my hand and affixed the seal of the Companies on this day of , 20Zi
1 0 Nil/ .+(0.49. C0 .•
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•
♦♦ •• • •
MERCHANT11
BONDING COMPANY,
MERCHANTS BONDING COMPANY(MUTUAL) P.O. BOX 14498, DES MOINES, IOWA 5O3O63498
PHONE: (800) 6788171 FAX: (515) 2433854
IMPORTANT NOTICE
To obtain information or make a complaint:
You may contact your insurance agent at the telephone number provided by your insurance agent.
You may call Merchants Bonding Company (Mutual)toll-free telephone number for information or to make a
complaint at:
1-800-678-8171
You may contact the Texas Department of Insurance to obtain information on companies, coverages, rights or
complaints at:
1-800-252-3439
You may write the Texas Department of Insurance at:
P. O. Box 149104
Austin, TX 78714-9104
Fax: (512)490-1007
Web: www.tdi.texas.gov
E-mail: ConsumerProtectiontdi.texas.gov
PREMIUM AND CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim
you should contact the agent first. If the dispute is not resolved, you may contact the Texas Department of
Insurance.
ATTACH THIS NOTICE TO YOUR POLICY: This notice is for information only and does not become a part
or condition of the attached document.
SUP 0032 TX (2/15)
..„----
AD CERTIFICATE OF LIABILITY INSURANCE DATE
3/29/2021
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NETELY AMEND, WEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTifUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must .= endo z -+. If SUBROGATION IS WAIVED, subject to
the terms and condition of the policy,certain policies may require an endoemenL A sthtement on this certificate does not confer rights to the
certificate holder in lieu of such endorsemern(s).
PRODUCER
eSarah Sowinski
Higginbotham Insurance Agency, Inc. PHONE FAX
1400 FM 528,Suite F N. , :281-990-6051 (A/C,NO);281-990-6052
Webster TX 77598 nn ass: ssowinski./H'•.inbotham.net
INSURE' S AFFORDING COVERAGE Illeffill
INSURER A:Allied Property&Casualty Insurance Co 42579
INSURED SKECO INSURER s:De.a itors Insurance Co .an 42587
SKE Construction,LLC.
P.O. Box 1111 'INSURER C:Service Lb ds Insurance Com.an 43389
Cypress TX 77410 INSURER u
INSURER E
INSURER F
COVERAGES CERTIFICATE NUMBER:15065607 REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOIWTHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR TYPE Of INSURANCE ADDL S B-. POLICY EFF LICY EXP
lXO4 VVvP POLICY NUMBER (MMIDDIYYYY) (MM1DDIYYYV LIMITS
A X COMMERCIAL GENERAL LIABILITY .
CLAIMS-MADE ACPGtP03059310784 5/1/2020 511l2021 EACH OCCURRENCE $1,000,000
X OCCUR DAMAGE TO RENTED
PREMISES Eace 31�,�0
LXI PD Ded.$1,000
MED EXP(Any one person) $5,000
PERSONAL&ADV INJURY $1,000,000
GEPI'L AGGREGATE UMfT APPLIES PER: GENERAL AGGREGATE $2000000
1
• , POLICY# X I Sr& LOC 4 PRODUCTS-COMP/OP AGG $2,000,000
, OTHER: $
A ! AUTOMOBILE LIABILITY ACPBAPC3059310784 5/1/2020 5/1l2021 COMBINED SINGLE LIMIT $' 0 t s 000
X 'ANY AUTO I BODILY INJURY(Per person) $
ALL OWNED SCHEDULED i BODILY INJURY(Per accident) $
AUTOS AUTOS
X X NON-OV�IED PROPERTY DAMAGE $
HIRED AUTOS AUTOS (Per accident) _,
$
B X UMBRELLA UAB 1 X OCCUR ACPCAD3059310784 5/1/2020 5/72021 EACH OCCURRENCE $4,000,000
EXCESS LIAB CLAIMS-MADE I AGGREGATE $4,000,000
DED i•RETENTION$ $
C :WORKERS COMPENSATION SLICVVC0346000 6/18/2020 6/1812021 X PER I
O7H-
ANDEMPLOYERS'LIABILITY Y/N STATUTE ER
'ANY PROPRIETOR/PARTNER/EXECUTIVEEACH ACCIDENT $1,000,000
OFFICER/MEMBER EXCLUDED? piE.L.N/A
(Mandatory in NH) E.L.DISEASE-EA EMPLOYE as: $1,000,WO
if yes describe under
OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1000000
A 1 Inland Marine ACPCIMP3059310784 511/2020 5/1/2021 RentedlLeased Equip.e $1,000
1 i � I
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached H more space is rem)
The General Liability and Automobile Liability policies include a blanket automatic additional insured endorsement that provides additional insured status and
General Liability,Automobile Liability and Workers'Compensation policies include a blanket waiver of subrogation endorsement to the certificate holder only
when there is a written contract between the named insured and the certificate holder that requires such status.
The General Liability and Automobile policies contain a special endorsement with"Primary and Noncontributory"wording.
......ii
CERTIFICATE HOLDER CANCELLATION
........_.....i
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
City of Round Rock ACCORDANCE WITH THE POLICY PROVISIONS.
City Manager
221 East Main Street AUTHORIZED REPRESENTATIVE
Round Rock TX 78664 , ,--.-.--.
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O 19882014 ACORD CORPORATION. All rights reserved.
ACORD 26 The ACORD name and logo are registered marks of ACORD
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
2. PRELIMINARY MATTERS 5
3. CONTRACT DOCUMENTS: INTENT,AMENDING, REUSE 7 7
4. AVAILABILITY OF LANDS; SUBSUR
CONDITIONS; REFEREN POINTS........................................................................................8....... 8
5. BONDS AND INSURANCE.....................................................................................................................10......... ................................................ 10
6. CONTRACTO RESPONSIBILITIES 16..................................................................... 16
7. OTHERWORK...............................................................................................................................24.................................................................................................................. 24
8. OWNER'S RESPONSIBILITIES 25
9. ENGINEER/ARCHITECT' CONSTRUCTION................................................................26....... 26
10. CHANGES IN THE WORK............................................................................................27............................... 27
11. CHANGE OF CONTRACT AMOUNT..............................................................................................................28.............................................. 28
12. CHANGE OF CONTRACT TIMES................................................................................................................31..................................................................................................... 31
13. TESTS AND INSPECTIONS;AND CO
OR REMOVAL OF DEFECTIVE WORK................................................................................................32....... 32
14. PAYMENTS TO CONTRACTOR AND COMPLETION...................................................................................35................
15. SUSPENSION OF WOR TERMINATION.......................................................................................39...........................
16. DISPUTE RESOLUTION 41..................
17 RIGHTTOAUDIT 42............
18. MISCELLANEOUS..........................................................................................................................................43 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 Contrct 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 L=gal 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 Chri tmas Eve falls on a Saturday or a Sunday, the preceding Friday is observed as the Christmas Eve
holiday.
1.23.4 If Chri tmas Day falls on a Saturday or a Sunday, the following Monday is observed as the Christmas Day
holiday.
1.24 Milest•nes-A significant event specified in the Contract Documents relating to an intermediate completion
date or time p for to Substantial Completion of all the Work.
1.25 Notic; to Proceed - A Written Notice given by the OWNER to the CONTRACTOR notifying the
CONTRACTS R to commence the Work and which may also fix the date on which the Contract Times will commence
to run and on hich the CONTRACTOR shall start to perform the CONTRACTOR's obligations under the Contract
Documents.
1.26 OWN R—The City of Round Rock,Texas,a municipal corporation, home-rule city and political subdivision
organized an• existing under the laws of the State of Texas, acting through the City Manager or his/her designee,
officers, agen is or employees to administer design and construction of the Project.
1.27 Own r's Representative-The designated representative of the OWNER.
1.28 Parti 1 Occupancy or Use - Use by the OWNER of a partially completed part of the Work for the purpose
for which it is ntended (or a related purpose) prior to Substantial Completion of all the Work.
1.29 Projel t -The total construction of which the Work to be provided under the Contract Documents may be
the whole, or 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 Prop sal—Proposal of Offeror, on prescribed forms setting forth prices for performing the Work described
in the Contra Documents.
1.32 Prop sal Documents—The advertisement or invitation for Proposals, Instruction to Offerors, the Proposal
form,the Con ract Documents and Addenda.
1.33 Resident Project Representative -The authorized representative of E/A who may be assigned to the site
or any partthreof.
1.34 Shop Drawings -All drawings, diagrams, illustrations, schedules and other data or information which are
specifically prpared or assembled by or for the CONTRACTOR and submitted by the CONTRACTOR as required
by the Contrat 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 Certificates) and other documentation required for execution of
the Contract.
2.2 Copies of Documents:
The OWNER shall furnish to the CONTRACTOR two (2) copies of the Contract Documents unless otherwise
specified.
00700 04-2020 Page 5 General Conditions
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.
00700 0 -2020 Page 6 General Conditions
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 Ame ding and Supplementing Contract Documents:
3.3.1 The ontract Documents may be amended to provide for additions, deletions and revisions in the Work or
to modify the erms and conditions thereof in one or more of the following ways:
.1 C ange Order.
.2 C ange Directive.
3.3.2 In ad.ition, the requirements of the Contract Documents may be supplemented, and minor variations and
deviations in t e Work may be authorized, in one or more of the following ways:
.1 Field Order.
.2 Rview of a Shop Drawing or sample.
.3 ritten interpretation or clarification.
3.4 Reuse of Documents Prohibited:
The CONTRACTOR and any Subcontractor or Supplier or other person or organization performing or furnishing
any of the Work under a direct or indirect contract with the OWNER: (I) shall not have or acquire any title to or
ownership rights in any of the Drawings, Specifications or other documents(or copies of any thereof) prepared by
or bearing the seal of E/A or EtA's consultants, and (ii) shall not reuse any of such Drawings, Specifications, other
documents or copies on extensions of the Project or any other project without written consent of the OWNER and
E/A.
ARTICLE 4-AVAILABILITY OF LANDS:SUBSURFACE AND PHYSICAL CONDITIONS;REFERENCE POINTS
4.1 Availability of Lands:
The OWNER shall furnish, as indicated in the Contract Documents, all required rights to use the lands upon which
the Work is to be performed, rights-of-way and easements for access thereto, and such other lands which are
designated for the use of the CONTRACTOR. The OWNER shall identify any encumbrances or restrictions not of
general application but specifically related to use of lands so furnished with which the CONTRACTOR will have to
comply in performing the Work. Easements for permanent structures or permanent changes in existing facilities will
be obtained and paid for by the OWNER, unless otherwise provided in the Contract Documents. If the OWNER
fails to furnish these lands, rights-of-way or easements in a timely manner, the CONTRACTOR may make a Claim
for adjustments in the Contract Times.The CONTRACTOR shall provide for all additional lands and access thereto
that may be required for temporary construction facilities or storage of materials and equipment.
4.2 Subs dace and Physical Conditions:
4.2.1 The ONTRACTOR hereby covenants that it has examined the site of the proposed Work and is familiar
with all of th 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 t e OWNER in writing of any condition of the site of the proposed Work that would adversely impact
00700 0 -2020 Page 8 General Conditions
the performance of the Work by the CONTRACTOR, CONTRACTOR covenants that there are no conditions at the
site of the proposed work which would adversely impact the performance of Work by the CONTRACTOR.
4.2.2 If conditions are encountered at the site which are (1) subsurface or otherwise concealed physical
conditions that differ materially from those indicated in the Contract Documents or(2)unknown physical conditions
of an unusual nature, that differ materially from those normally encountered in the type of work being performed
under this Contract, then notice by the observing party shall be given to the other party promptly before conditions
are disturbed and in no event later than seven (7) calendar days after first observance of the conditions. Owner's
Representative will promptly investigate such conditions with E/A and, if they differ materially and cause an increase
or decrease in the CONTRACTOR's cost of, or time required for, performance of any part of the Work, OWNER will
consider an equitable adjustment in the Contract Amount or Contract Time, or both. If Owner's Representative
determines that the conditions at the site are not materially different from those indicated in the Contract Documents
and that no change in the terms of the Contract is justified, the CONTRACTOR shall be notified in writing, stating
the reasons. Any disputes arising from Owner's Representative's determination shall be resolved in accordance
with Article 16.
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, survey monuments and control points shall be carefully preserved by the
CONTRACTOR by use of flags, laths or other appropriate measures and, in case of destruction or removal by the
CONTRACTOR or its employees, such reference points, benchmarks, survey monuments, and control points shall
be replaced by a Registered Professional Land Surveyor at the CONTRACTOR's expense. When reference points,
benchmarks, survey monuments, or control points are in conflict with the Work, then reestablishment will be the
OWNER's responsibility during or upon completion of the Work.
4.4 Hazardous Materials:
00700 04-2020 Page 9 General Conditions
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 st.rplus. 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 n•tify the OWNER in writing by certified mail or personal delivery within ten (10)days after the person
k ew or should have known of any change that materially affects the provision of coverage of any
p:rson providing services on the Project; and
.7 c.ntractually require each person with whom it contracts,to perform as required by paragraphs 5.2.9.1
- '..2.9.7, with the certificates of coverage to be provided to the person for whom they are providing
srvices.
5.2.10 By s gning this Contract or providing or causing to be provided a certificate of coverage, the
CONTRACTO is representing to the OWNER that all employees of the CONTRACTOR who will provide services
on the Project ill be covered by workers'compensation coverage for the duration of the Project,that the coverage
will be based •n proper reporting of classification codes and payroll amounts, and that all coverage agreements will
be filed with t e appropriate insurance carrier or, in the case of a self-insured, with the commission's Division of
Self-Insuranc: 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 I ONTRACTOR's failure to comply with any of these provisions is a breach of Contract by the
CONTRACTO which entitles the OWNER to declare the Contract void if the CONTRACTOR does not remedy the
breach within yen (10)days after receipt of notice of breach from the OWNER.
5.3 Contr:ctor Insurance Requirements:
For specific gond 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
1 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:
00700 04-2020 Page 13 General Conditions
.1 A minimum combined single limit of$500,000 per occurrence for bodily injury and property damage.
Alternate acceptable limits are $250,000 bodily injury per person, $500,000 bodily injury per
occurrence and at least$100,000 property damage liability each accident.
5.3.1.3 Wo rkers'Compensation and Employers' Liability Insurance:
Co erage shall be consistent with statutory benefits outlined in the Texas Workers' Compensation Act
(Sep tion 401). CONTRACTOR shall assure compliance with this Statute by submitting two(2)copies of
a sandard certificate of coverage (e.g. ACCORD form) to Owner's Representative for every person
pro iding services on the Project as acceptable proof of coverage. The required Certificate of Insurance
mut be presented as evidence of coverage for CONTRACTOR. Workers' Compensation Insurance
cov-rage written by the Texas Workers Compensation Fund is acceptable to OWNER. CONTRACTOR's
poll,y 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 Pol cy shall contain the following provisions:
a) I 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.
Pro ide 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 Buiders' Risk Insurance.
CO TRACTOR shall maintain Builders' Risk Insurance or Installation Insurance on an all risk physical
los- form in the Contract Amount. Coverage shall continue until the Work is accepted by OWNER.
O NER 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 Bo ds:
00700 0 -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.
00700 04-2020 Page 15 General Conditions
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 ONTRACTOR 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 propo ed Superintendent to Owner's Representative showing evidence of experience and successful
superintende ce and direction of work of a similar scale and complexity. If, in the opinion of Owner's
Representativ , the proposed Superintendent does not indicate sufficient experience in line with the Work, he/she
will not be all wed to be the designated Superintendent for the Work. The Superintendent shall not be replaced
without Writt n Notice to Owner's Representative. If the CONTRACTOR deems it necessary to replace the
Superintende t, the CONTRACTOR shall provide the necessary information for approval, as stated above, on the
proposed ne Superintendent. A qualified substitute Superintendent may be designated in the event that the
designated S perintendent is temporarily away from the Work, but not to exceed a time limit acceptable to Owner's
Representativ . The CONTRACTOR shall replace the Superintendent upon the OWNER's request in the event the
Superintende t is unable to perform to the OWNER's satisfaction. The Superintendent will be the CONTRACTOR's
representativ on the Work and shall have the authority to act on behalf of the CONTRACTOR. All communications
given to the S perintendent shall be as binding as if given to the CONTRACTOR. Either the CONTRACTOR or the
Superintende t shall provide an emergency and home telephone number at which one or the other may be reached
if necessary hen work is not in progress.
6.2 Labo , Materials and Equipment:
6.2.1 The ONTRACTOR agrees to employ only orderly and competent workers, skillful in performance of the
type of Work equired under this Contract. The CONTRACTOR, Subcontractors, Sub-subcontractors, and their
employees m y not use or possess any firearms, alcoholic or other intoxicating beverages, illegal drugs or
controlled sub tances while on the job or on the OWNER's property, nor may such workers be intoxicated,or under
the influence f alcohol or drugs, on the job. If the OWNER or Owner's Representative notifies the CONTRACTOR
that any work r is incompetent, disorderly or disobedient, has knowingly or repeatedly violated safety regulations,
has possess d any firearms, or has possessed or was under the influence of alcohol or drugs on the job, the
CONTRACT R shall immediately remove such worker from performing Contract Work, and may not employ such
worker again n Contract Work without the OWNER's prior written consent. The CONTRACTOR shall at all times
maintain goo discipline and order on or off the site in all matters pertaining to the Project. The CONTRACTOR
shall pay wor ers no less than the wage rates established in Section 00900, and maintain weekly payroll reports as
evidence ther of.
6.2.2 Unles 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 facili ies, temporary facilities and all other facilities and incidentals necessary for the furnishing,
performance, e-testing of defective work, start-up and completion of the Work.
6.2.3 All m terials and equipment shall be of good quality and new (including new products made of recycled
materials), ex ept as otherwise provided in the Contract Documents. If required by Owner's Representative, the
CONTRACT R shall furnish satisfactory evidence (reports of required tests, manufacturer's certificates of
compliance ith material requirements, mill reports, etc.) as to the kind, quantity and quality of materials and
equipment. II materials and equipment shall be applied, installed, connected, erected, used, cleaned and
conditioned in accordance with instructions of the applicable Supplier,except as otherwise provided in the Contract
Documents.
00700 0 -2020 Page 16 General Conditions
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.
00700 04-2020 Page 17 General Conditions
.2 Proposed adjustments in the progress schedule that will change the Contract Times or Milestones shall
be submitted in accordance with the requirements of Article 12. Such adjustments may only be made
by a Change Order or Time Extension Request in accordance with Article 12.
6.4 Concerning 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
encompassin , in whole or in part, any design, device, material, or process utilized, directly or indirectly, in the
performance f the Work or the formulation or presentation of its Bid.
00700 0 -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.
00700 04-2020 Page 19 General Conditions
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
CONTRACTS R shall assume full responsibility for any damage to any such land or area, or to the owner or
occupant ther-of or of any adjacent land or areas, resulting from the performance of the Work. Should any claim
be made by ..ny such owner or occupant because of the performance of the Work, the CONTRACTOR shall
promptly settl; with such other party by negotiation or otherwise resolve the claim by dispute resolution proceeding
or at law. Th: CONTRACTOR shall indemnify, defend and hold harmless the OWNER, E/A, EtA's consultants and
anyone direct y 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, br.ught by any such owner or occupant against the OWNER, E/A or any other party indemnified
hereunder to !he extent caused by or based upon performance of the Work or failure to perform the Work.
6.9.2 Dunn! the progress of the Work and on a daily basis, the CONTRACTOR shall keep the premises free
from accumul:tions 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 th: site clean and ready for occupancy by the OWNER at Substantial Completion of the Work. The
CONTRACTO R shall, at a minimum, restore to original condition all property not designated for alteration by the
Contact Docu ents.
6.9.3 The •ONTRACTOR shall not load nor permit any part of any structure to be loaded in any manner that will
endanger the tructure, nor shall the CONTRACTOR subject any part of the Work or adjacent property to stresses
or pressures t at will endanger it.
6.10 Reco d 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 aid 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 0 -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 EtA'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 obstr ctions or difficulties which may be encountered in prosecution of the Work, shall be sustained and
borne by the ONTRACTOR 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 7-9THER 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 0 -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 EIA's Authority and Responsibilities:
9.1.1 The duties and responsibilities and the limitations of authority of E/A during construction are set forth in the
Contract Documents and shall not be extended without written consent of the OWNER and E/A. The assignment
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 i 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 necessa 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 EtA'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 dete mine 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 Rpresentative and will be binding on the OWNER and the CONTRACTOR. If the OWNER or the
00700 0'-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 ime being adjusted as necessary. A Change Directive shall be used in the absence of complete and
prompt agree ent on the terms of a Change Order.
10.3.2 If the hange Directive provides for an adjustment to the Contract Amount, the adjustment shall be based
on the metho. provided for in paragraph 11.5.
10.3.3 A Ch nge 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 Own r's Representative may authorize minor variations in the Work from the requirements of the Contract
Documents w ich do not involve an adjustment in the Contract Amount or the Contract Times and are compatible
with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents.
These shall b= accomplished by written Field Order and shall be binding on the OWNER and on the CONTRACTOR
who shall pe •rm 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 r;quest by the CONTRACTOR for an adjustment in Contract Amount and/or Contract Times shall be
made in writin• prior to beginning the work covered by the Field Order.
10.5 No D.mages for Delay:
Except as oth rwise provided in the Contract Documents, the CONTRACTOR shall receive no compensation for
delays or hinerances to the Work. If delay is caused by specific orders given by the OWNER to stop Work for
reasons for w ich the CONTRACTOR is not responsible, or such delay is not caused by active interference in the
Work by OW ER for reasons for which the CONTRACTOR is not responsible, then such delay will entitle the
CONTRACTS R only to an equivalent extension of time,the CONTRACTOR's application for which shall, however,
be subject to •.pproval of the OWNER. No such extension of time shall release the CONTRACTOR or surety on its
performance •ond from all the CONTRACTOR's obligations hereunder which shall remain in full force until
discharge of t e 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 0 -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-five percent (55%) of the wages paid personnel,
excluding the twenty-five(25%)compensation provided above,will be paid to the CONTRACTOR. The
actual cost of the CONTRACTOR's bond(s) on the extra Work will be paid based on invoices from
surety. No charge for superintendence will be made unless considered necessary and ordered by the
OWNER.
.2 The CONTRACTOR will receive the actual cost, including freight charges, of the materials used on
such Work, to which costs will be added a sum equal to twenty-five percent (25%) thereof as
compensation for the CONTRACTOR's and any affected Subcontractor's total overhead and profit. In
case material invoices indicate a discount may be taken,the actual cost will be the invoice price minus
the discount.
.3 For machinery,trucks, power tools, or other similar equipment agreed to be necessary by the OWNER
and the CONTRACTOR, the OWNER will allow the CONTRACTOR the rate as given in the latest
edition of the Associated General Contractors of America "Contractor's Equipment Cost Guide" as
published by Dataquest for each hour that said tools or equipment are in use on such work, which rate
includes the cost of fuel, lubricants and repairs. No additional compensation will be allowed on the
equipment for the CONTRACTOR's overhead and profit.
.4 The compensation, as herein provided for, shall be received by the CONTRACTOR and any affected
Subcontractor as payment in full for work done by Change Directive and will include use of small tools,
and total overhead expense and profit. The CONTRACTOR and the Owner's Representative shall
compare records of work done by Change Directive at the end of each day. Copies of these records
will be made upon forms provided for this purpose by the OWNER and signed by both Owner's
Representative and the CONTRACTOR, with one(1)copy being retained by the OWNER and one(1)
by the CONTRACTOR. Refusal by the CONTRACTOR to sign these records within two (2) working
days of presentation does not invalidate the accuracy of the record.
00700 04-2020 Page 29 General Conditions
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 t e actual quantity of any Major Item should become as much as twenty percent (20%) more than or
enty percent(20%) less than in the Bid; or
.2 T e CONTRACTOR presents proper documentation contesting the accuracy of"plan quantity," and
0 ner's Representative verifies quantity and determines original quantity is in error by five percent
( %)or more.
11.6.E Right o Verify Information: The CONTRACTOR agrees that any designated representative of the OWNER
shall have th; 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, mit current or not in compliance with the terms of this Agreement regarding pricing of change orders,
then an appro•nate 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 Cale dar Day Contract,the CONTRACTOR may also be granted an extension of time because of unusual
inclement we-ther that is beyond the normal weather expected for the Williamson and Travis Counties,Texas area.
Normal weat er 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 •urpos ontracts, expected normal weather will prevent performance of Work:
J.;nuary...............7. days
F-bruary................................................. .7 days
lar days
A.ril 7 days
ay............................... .8 days
J ne.................................. 6 days
J ly................................. 6 days
A gust................................ .5 days
S-ptem days
October............ 7 days
N.vember...................... .7 days
Dcember....................... 7 days
Days per mon h exceeding the number shown above may be credited as Rain Days if a Claim is made in accordance
with paragrap 12.1.1 and meets the following definition: a"Rain Day" is any day in which a weather event occurs
at the site an. is sufficient to prevent the CONTRACTOR from performing units of Work critical to maintaining the
project sched le during the entire day.
ARTICLE 13 TESTS AND INSPECTIONS; AND CORRECTION OR REMOVAL OF DEFECTIVE WORK
13.1 Notic- of Defects:
Prompt notic; of all defective Work of which the OWNER or E/A has actual knowledge will be given to the
CONTRACTS R. All defective Work may be rejected or corrected as provided for in Article 13.
13.2 Acce-s to Work:
The OWNER, E/A, E/A's Consultants, other representatives and personnel of the OWNER, independent testing
laboratories a d 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 dvise 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 ONTRACTOR shall give timely notice of readiness of the Work for all required inspections, tests or
approvals, an. 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,t;sts or approvals required by the Contract Documents except:
.1 f•r inspections,tests or approvals covered by paragraph 13.3.3 below;
.2 f•r reinspecting or retesting defective Work; and
.3 a.. otherwise specifically provided in the Contract Documents.
All testing laboratories shall be those selected by the OWNER.
00700 0 -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 foll.wed to correct or address any defective Work. If the OWNER specifies a means or method by which
the defective ork will be addressed or corrected, the CONTRACTOR shall perform the specified work necessary
to address or orrect the defective Work at CONTRACTOR's sole cost and expense.
13.7 Warr.nty period:
13.7.1 If, at .ny 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 specifi provision of the Contract Documents, any Work is found to be defective, the CONTRACTOR shall
promptly,with.ut cost to the OWNER and in accordance with the OWNER's written instructions:
(i) co rrect such defective Work, or, if it has been rejected by the OWNER, remove it from the site and
r:place it with Work that is not defective, and
(ii) s•,tisfactorily correct or remove and replace any damage to other Work or the work of others resulting
therefrom.
If the CONT •CTOR does not promptly comply with the terms of such instructions, or in an emergency where
delay would •ause 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
00700 04-2020 Page 34 General Conditions
Work. Such claims, costs, losses and damages will include but not be limited to all costs of repair or replacement
of work of others destroyed or damaged by correction, removal or replacement of the CONTRACTOR's defective
Work and any and all consultant, expert and attorneys fees incurred by OWNER as a result of OWNER's correction
of defective WORK. The CONTRACTOR shall not be allowed an extension of the Contract Times(or Milestones),
or claims of damage because of any delay in the performance of the Work attributable to the exercise by the
OWNER of the OWNER's rights and remedies hereunder.
13.9 ACCEPTANCE OF DEFECTIVE WORK
If, instead of requiring correction or removal and replacement of defective Work, OWNER prefers to accept it,
OWNER may do so. CONTRACTOR shall pay all claims, costs, losses, and damages attributable to OWNER's
evaluation of and determination to accept such defective Work, including but not limited to any expert, engineering
or other consultant's fees incurred by the OWNER to investigate such defective Work and/or to determine the
appropriate means or methods and work necessary to allow OWNER to accept the defective Work and
CONTRACTOR shall pay for all work required to be performed to allow OWNER to accept the defective Work and
any estimated costs, expenses and damages OWNER may sustain in the future as a result of accepting the
defective Work, including any diminution in value of the Project as a result of accepting the defective Work. If any
such acceptance occurs prior to final payment, the necessary revisions in the Contract Documents with respect to
the Work shall be incorporated in a Change Order. If the parties are unable to agree as to the decrease in the
Contract Price, then OWNER may impose a reasonable set-off against payments due under the Contract
Documents. If the acceptance of defective Work occurs after final payment, CONTRACTOR shall pay to OWNER
the above described costs, expenses and damages incurred by OWNER as a result of OWNER's acceptance of
defective Work.
ARTICLE 14-PAYMENTS TO CONTRACTOR AND COMPLETION
14.1 Application for Progress Payment:
14.1.1 Not more than once per month, the CONTRACTOR shall submit to Owner's Representative for review an
Application for Payment, in a form acceptable to the OWNER,filled out and signed by the CONTRACTOR covering
the Work completed as of the date of the Application and accompanied by such supporting documentation as is
required by the Contract Documents or as required by OWNER.
14.1.2 Such applications shall not include requests for payment on account of changes in the Work which have
been properly authorized by Change Directives but not yet included in Change Orders.
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.
00700 04-2020 Page 35 General Conditions
14.1.E Appli ations for Payment shall include the following documentation:
.1 u dated 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;
00700 04-2020 Page 36 General Conditions
.2 reasonable evidence that the Work cannot be completed for the unpaid balance of the Contract
Amount;
.3 damage to the OWNER or another contractor;
.4 reasonable evidence that the Work will not 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.
00700 042020 Page 37 General Conditions
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 Parti.I Utilization:
The OWNER, at the OWNER's sole option, shall have the right to take possession of and use any completed or
partially corn.leted portion of the Work regardless of the time for completing the entire Work. The OWNER's
exercise of su h use and possession shall not be construed to mean that the OWNER acknowledges that any part
of the Work se possessed and used is substantially complete or that it is accepted by OWNER, and the OWNER's
exercise of su h use and possession shall not relieve the CONTRACTOR of its responsibility to complete all Work
in accordant- with the Contract Documents.
14.9 Final Inspection:
Upon Written otice from the CONTRACTOR that the entire Work or an agreed portion thereof is complete,Owner's
Representativ- will make a final inspection with the CONTRACTOR and provide Written Notice of all particulars in
which this ins iection reveals that the Work is incomplete or defective. The CONTRACTOR shall immediately take
such measurs as are necessary to complete such Work or remedy such deficiencies.
14.10 Final pplication for Payment:
The CONT CTOR may make application for final payment following the procedure for progress payments after
the CONTRA TOR has completed all such corrections to the satisfaction of Owner's Representative and delivered
the following ocuments:
.1 T ree (3)complete operating and maintenance manuals, each containing maintenance and operating
in tructions, schedules, guarantees, and other documentation required by the Contract Documents;
.2 R cord documents(as provided in paragraph 6.10);
.3 C•nsent of surety, if any, to final payment. If surety is not provided, complete and legally effective
rleases or waivers (satisfactory to the OWNER) of all claims arising out of or filed in connection with
the Work;
00700 Oa-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
lapguage that provides that if the Agreement is terminated without cause, the Subcontractor and
Sippliers will only be paid for work performed or materials and equipment supplied and shall not have
ary other claims against CONTRACTOR or OWNER;
CONTRACTOR shall not be paid for any profit or overhead for Work not completed.
15.3 OWNR May Terminate With Cause:
15.3.1 Upon the occurrence of any one or more of the following events:
.1 if he CONTRACTOR persistently fails to perform the Work in accordance with the Contract Documents;
.2 if he CONTRACTOR disregards laws or regulations of any public body having jurisdiction;
.3 if he CONTRACTOR disregards the authority of Owner's Representative;
.4 if he CONTRACTOR makes fraudulent statements;
.5 if the CONTRACTOR fails to maintain a work force adequate to accomplish the Work within the
C.ntract Time;
.6 if the CONTRACTOR fails to make adequate progress and endangers successful completion of the
C•ntract; or
.7 if he CONTRACTOR otherwise violates any provisions of the Contract Documents;
The OWNER ay, after giving the CONTRACTOR(and the surety, if any)seven (7)calendar days'Written Notice
terminate the ervices 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 0 -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 bothparties, in which event theparties mayroceed directlyto mediation as
p
described bel w.
16.2.3 Medition:
16.2.3.1 If he procedure described in paragraph 16.2.2 proves unsuccessful or is waived pursuant to its terms,
the parties sh:ll initiate the mediation process. The parties agree to select within thirty(30) calendar days one (1)
mediator traind 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 med ator. 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 ediation is a forum in which an impartial person, the mediator, facilitates communication between
parties to pr•mote reconciliation, settlement, or understanding among them. The parties hereby agree that
mediation, at : 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 ediator and each party to the dispute for the formulation of resolution alternatives. The parties agree
to participate i 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 pa y 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.
00700 04-2020 Page 43 General Conditions
18.4 Seve ability:
If any word, p rase, clause, sentence or provision of the Contract, or the application of same to any person or set
of circumstan I es is for any reason held to be unconstitutional, invalid or unenforceable,that finding shall only effect
such word, p rase, 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 b= severable for this purpose.
18.5 lnderendent Contractor
The Contract hall not be construed as creating an employer/employee relationship,a partnership,or a joint venture.
The CONTRPCTOR's services shall be those of an independent contractor. The CONTRACTOR agrees and
understands tiat the Contract does not grant any rights or privileges established for employees of the OWNER.
18.6 Prohi ition of Gratuities
The OWNER ay, 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
CONTRACTS R to any officer or employee of the OWNER with a view toward securing the Contract or securing
favorable trea ment with respect to the awarding or amending or the making of any determinations with respect to
the performin' of such Contract. In the event the Contract is terminated by the OWNER pursuant to this provision,
the OWNER hall be entitled, in addition to any other rights and remedies, to recover or withhold the amount of the
cost incurred ,•y the CONTRACTOR in providing such gratuities.
18.7 Prohi.ition Against Personal Interest in Contracts
No officer,em•loyee, 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 mplied, of the CONTRACTOR shall render the Contract voidable by the OWNER.
End of Gene al Conditions
00700 0 -2020 Page 44 General Conditions
00800 SUPPLEMENTAL GENERAL CONDITIONS
City of Round Rock Contract Forms
Supplemental General Conditions Section 00800
SUPPLEMENTAL GENERAL CONDITIONS TO
AGREEMENT FOR CONSTRUCTION SERVICES
The Supplemental General Conditions contained herein shall amend or supplement the General
Conditions, Section 00700.
ARTICLE 1 -DEFINITIONS
1.16 Engineer/Architect(EtA):
Add the following:
Name(Representative): David Freireich,P.E.
Firm: City of Round Rock
Address: 3400 Sunrise Road
City, State, Zip: Round Rock,Texas 78665
Telephone: (512)671-2756
Facsimile: (512)255-6916
Email: dfreireich@roundrocktexas.gov
1.27 Owner's Representative:
Add the following:
Name: Juan Martinez Title: Engineer Associate
Address: 3400 Sunrise Road
City, State, Zip: Round Rock,Texas 78665
Telephone: (512)341-3332
Facsimile: (512)255-6916
Email: jmartinez@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 dollars AND NO/100
DOLLARS $500.00 PER DAY FOR EACH DAY BEYOND THE DATE
ESTABLISHED THEREFOR THAT THE CONTRACTOR FAILS TO ACHIEVE
SUBSTANTIAL COMPLETION, AND FOR WHICH OWNER IS UNABLE TO UTILIZE
THE IMPROVEMENTS AND FACILITIES DUE TO THE FAILURE OF CONTRACTOR
TO HAVE ACHIEVED SUBSTANTIAL COMPLETION IN ACCORDANCE WITH THE
CONTRACT.
END OF SUPPLEMENTAL GENERAL CONDITIONS
Page 1
00800 10-2015 Supplemental General Conditions
00090669
00900 SPECIAL CONDITIONS
SECTION 01-INFORMATION
01-01 COPIES OF PLANS AND SPECIFICATIONS FURNISHED
The Agreement will be prepared in not less than 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.
OO9OO4-2O2O 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/TX33.dvb?v=0
Construction Types: Heavy and Highway
http://www.wdol.gov/wdol/scafiles/davisbacon/TX 1 6.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.
OO9OO-42O2O 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.
Page 1
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 E/A's satisfaction.
2.02 GRADING
The CONTRACTOR shall do such grading in and adjacent to the construction area
associated with this contract as may be necessary to leave such areas in a neat and
satisfactory condition approved by the E/A.
ITEM 3 EXAMINATION AND REVIEW
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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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 corner monuments if disturbed.
4.05 DISPOSAL OF SURPLUS MATERIAL
The CONTRACTOR shall at his own expense, make arrangement for the disposal of
surplus material, such as rock,trees,brush and other unwanted backfill materials.
4.06 CONTRACTOR'S USE OF PREMISES
The Contractor shall,at his own expense,provide additional space as necessary for his
operations and storage of materials.
ITEM 5 MATERIALS
5.01 TRADE NAMES
Except as specified otherwise, wherever in the specifications an article or class of
material is designated by a trade name or by the name or catalog number of any maker,
patentee,manufacturer,or dealer,such designations shall be taken as intending to mean
and specify the articles described or another equal thereto in quality, finish, and
serviceability for the purpose intended, as may be determined and judged by the 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
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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.
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PIPE REPLACEMENT OF POTABLE WATER MAINS USING PRE-CHLORINATED
PIPE BURSTING
GUIDELINE SPECIFICATIONS
A proposed Contractor takes on all responsibility of ensuring that the project accounts for completion of
all requirements,as noted in the other Supplemental Specifications and the City Development
Criteria/Standards Manual.
The Contractor must be prepared to work with the City Utility Engineering and Water Maintenance
Departments to resolve any City concerns during construction.
Any Contractor proposing to perform these methods on the project must meet the experience
requirements listed,provide detailed references,and attend a pre-bid interview at the City's offices.
TABLE OF CONTENTS
SECTION 01 OUTLINE OF METHOD FOR PIPE REPLACEMENT BY PRE-
CHLORIN A TION
SECTION 12 PRIOR TO PIPE BURSTING
02-01 Contr;ctor Qualifications
02-02 HDP: Pipe Specifications
03-03 Other Product Specifications
02-04 Prod ct Compliance
02-05 Prod ct Handling
02-06 Docu entation and Planning
02-07 Notification of Regulatory Authority
02-08 Inte ption of Service to End Users
02-09 Joini lg of Pipe
02-10 Pre-C lorination of Product Pipe
02-11 Chlo nation Solutions
02-12 Hydri static Pressure Testing
SECTION 13 PIPE BURSTING OPERATION
03-0 1 Pit L o cation and Excavation
03-02 Burst ng Machine Location and Shoring
03-03 Rod 'ayout Operation
03-04 Tooli g and Attachment
03-05 Pullb.ck Operation
03-06 Tooli g Removal
SECTION 14 AFTER PIPE BURSTING
04-0 1 Pit co dition prior to taps or joining system
04-02 Service Taps and Service Lines
04-03 Post Chlorination
04-04 Service Reinstatement
04-05 Backfill and Surface Reinstatement
04-06 Documentation Finalization
SECTION 01-OUTLINE OF METHOD FOR PIPE REPLACEMENT BY PRE-
CHLORINATION
Assuming all qualifications for skill and materials are met,the Pipe Bursting of Potable Water
Mains by the Contractor using Pre-Chlorinated Pipe will repeat the method,outlined below for
each section of pipe being rehabilitated.These processes may be performed in series or in parallel
with other sections of pipe within the job;however,each section will require these steps.
a. Deliver notice of service outage to each affected property owner in advance of work.
b. Chlorinate a length of product pipe that yields passing test results for potable water per
AWWA,Regulatory Authority and City standards.
c. Hydrostatic test of the product pipe section per City standards.
d. Excavate a Burst Pit at one end of the section down to pipe grade for placement of the pipe
bursting equipment.
e. Excavate an Insertion Pit at the opposite end of the section down to pipe grade for entry of
the product pipe.
f. Excavate Service Connection Pits.
g. Isolate the section to be rehabilitated from the rest of the system so as to maintain pressure
integrity of the system as well as preventing any backflow of chlorinated solution or non-
potable water into the system.
h. Excavate and remove hydrant tees and valve tees from the host pipe.
i. Rod string to be assembled as it is thrust through the host pipe from Burst Pit to Insertion
Pit.
j. Burst tooling and product pipe attached to rod end at Entry Pit.
k. Rod string pulled back and disassembled simultaneously while tooling and product pipe
travels from Insertion Pit to Burst Pit.
1. Service Connections shall be made to the newly installed main.
m. Super-Chlorinate main for 15 minutes to 300 ppm.A de-chlorination unit will be used to
neutralize the residual chlorine when flushing.Flush the newly installed main with potable
water.
n. Inspect for leaks at new connections.
o. Final connection of the replaced section of pipe into the system.
It should be noted that item"d"through"o"are to be accomplished within a single 10 hour day to
eliminate the need for any temporary services.The length of pipe to be burst per run should be
chosen to conform to this time frame. Items"d"though"f'(excavation items)may be performed
one day prior to bursting operations to expedite process.
SECTION 02 -PRIOR TO PIPE BURSTING
02-01 CONTRACTOR PRE-QUALIFICATIONS
To assure quality execution of the method,the contractor shall upon request of the City provide
the following:
a. Experience—the contractor shall provide documented evidence of:
1. Performing 30,000 feet or more of water main replacement using the process of pre-
chlorinated pipe bursting in the United States of America over a minimum of 48-
month period.
2. Performing chlorination of potable water mains per AWWA standards on at least two
(2)projects.
b. Certification
1. Certificate of training endorsed by the manufacturer of the pipe,or pipe bursting
equipment.
2. Certificate of training endorsed by the manufacturer of thermal fusion equipment in
butt fusing of HDPE pipe,in lieu of certificate,evidence of training may be
substituted.
3. Certificate of training endorsed by the supplier or manufacturer of HDPE electro-
fusion fusion couplers to be used in the method. In lieu of certificate,evidence of
training may be substituted.
c. Proof of personnel overseeing pre-chlorination process are trained and qualified in all
processes.
02-02 HDPE PIPE SPECIFICATIONS
a. HDPE pipe with 4"to 65"diameter shall be PE4710 conforming to the latest edition of
ANSI/AWWA C906 and ANSI/NSF Standard 61. For potable water applications,
PE4710 compound shall conform to ASTM D3350 minimum Cell classification
PE445574C-CC3. Refer to PPI TN-44 for CC3 calculations.
1. HDPE pipes shall be extruded by a PPI member with dependent listings in PPI TR-4
and shall meet the requirements of AWWA C906. Sample list of sizes is shown in
Appendix B.1.
2. Dimensions and tolerances for HDPE pipe and fittings shall meet the requirements of
AWWA C906.
d. Pipe shall be a minimum of DR 13.5 or as directed by the City.
e. Cuts or gouges,per ASTM F585 are acceptable up to 10%of wall thickness. Beyond
10%of wall,damage must be removed by cutting the damaged section from the pipe
string and butt fusing the ends.
f. Markings shall include the following items:Nominal size(such as 12"),outside diameter
base(such as DIPS),dimension ratio(such as DR 17),manufacturer's name or
trademark,standard materials designation code(PE 4710),cell classification(e.g.PE
445574C),PE compound oxidative resistance for potable water(CC3),pressure class
(such as PC 125),standard's designation(AWWA C906),manufacturer's production
code,date of manufacture,mark of the certifying agency for potable water(such as NSF).
Stripe along the length of the pipe shall be blue in color to identify the pipe as potable
water.
02-03 OTHER PRODUCT SPECIFICATIONS
a. Flanges and Mechanical Joint adapters(MJ adapters)—Flanges and MJ adapters shall
have a material designation code of PE4710 with a minimum Cell Classification as noted
in Section 2.1.A. Flanges shall be made in accordance with ASTM F2880. MJ adapters
shall be made to ASTM D3261. Flanges and MJ adapters shall have a pressure rating
equal to the pipe to which it is joined unless otherwise specified on the plans. Markings
for molded or machined flange adapters or MJ adapters shall be per ASTM D3261.
Mechanical connection of HDPE to auxiliary equipment such as valves,pumps,and
fittings shall use flanges or mechanical joint adapters and other devices in conformance
with the PPI Handbook of Polyethylene Pipe,Chapter 9 and AWWA Manual of Practice
M55,Chapter 6. Mechanical connections shall be manufactured for HDPE pipe and
approved by the connection manufacturer for use with polyethylene pipe.
b. Stiffener inserts per ASTM 240 shall be used for all fittings and connections to HDPE
pipe. Stiffeners shall be 304 stainless steel and be of wedge type design.
c. Service Connection Fittings shall be designed to restrain and to prevent pull-out or
rotation.
d. Pipe Connection Fittings shall meet AWWA C906 and meet or exceed the pressure
requirements of the HDPE Pipe
e. All gate valves shall conform to the latest AWWA Resilient Seated Gate Valve Standard
C509 and be UL listed,FM approved as manufactured by CLOW,Mueller,Ford,or
approved equal.
02-04 PRODUCT COMPLIANCE
a. Certificate of compliance shall be supplied to the City that the Product Pipe is per
specification 02.02 and as specified in the General Requirements Section.
b. All materials(other than those specified above in 02.04.a.)used with the coupling or
connecting HDPE water main must be submitted and approved by the City.
02-05 DELIVERY—STORAGE—HANDLING
a. Handle the pipe in accordance with the PPI Handbook of Polyethylene Pipe,Chapter 2
using approved strapping and equipment rated for the loads encountered. Do not use
chains,wire rope,forklifts or other methods or equipment that may gouge or damage the
pipe or endanger persons or property. Field storage is to be in compliance with AWWA
Manual M55,Chapter 7.
b. Shipped with optional,recyclable,endcaps(suggested)
c. If any gouges,scrapes,or other damage to the pipe results in wall loss 10%or greater(of
the pipe wall thickness),cut out that gouged section and do not use.
02-06 DOCUMENTATION AND PLANNING
a. Contractor shall submit a plan to the City on a marked up copy of the Project Drawings
showing the Contractor's construction phasing and plans at the Pre-Construction
Meeting.Plan details should include:
1. Pit locations for pipe insertion and bust machine location.
2. Pit locations for service re-connects.
3. Schedule of when various sections are to be rehabilitated.
4. Distances of each pull.
5. Isolating points used to seal the system during the pipe burst.
6. Chlorination/De-chlorination logs for each pipe section.
b. The Project Construction drawings provided by the Owner shall be marked by the
contractor to show actual locations of services,fittings,fire hydrants and other
reconnects.These markups shall be done the day of the actual placement. A set of
marked up plans shall be returned to the Owner within 15 days of substantial completion
of job.
b. Chlorination Submission Documents,pipes Pre-Chlorinated with intent to install under
this specification must have a log sheet placed in a sealed waterproof envelope attached
to the pipe at the start of the Chlorination process.This sheet makes up the Chlorination
Submission Documents and shall be delivered to the Authority at the same time as the
marked-up construction drawing. Information on the log sheet shall at a minimum
include:
1. Date of Swabbing
2. Date of Chlorinating and amount of chlorine used
3. Date of samplings
4. Results of Sample tests
5. Date of pipe installation
6. Date of Pressure Test
7. Makeup water details(if any)
8. End test pressure
9. Final pressure test results
10. Location of installation
02-07 NOTIFICATION OF REGULATORY AUTHORITY
Prior to commencement of construction,the Owner and the Contractor shall notify the local
regulatory agency(TCEQ or equal)for their project review and oversight. Specifications for the
construction processes and/or plans shall be provided to the agency as required.
02-08 INTERRUPTION OF SERVICE TO END USERS
a. Interruption of service to end users shall be minimized through the efforts of the
contractor and use of the method outlined within.Outages shall be limited to 8:00 AM to
6:00 PM Monday through Friday.No interruption shall be permitted between 6:00 PM
and 8:00 AM or on Saturday, Sunday or legal holidays without the approval of the owner.
b. Only one(1)line segment may be shut down for rehabilitation at any one moment.
c. End users shall be notified in writing(door hanger,flier,etc.)by the contractor in a
manner approved by the Authority. General notice shall be provided(7)days in advance
if possible. Detailed Notice shall be provided at minimum permissible advance of 48
hours prior to service interruption.
02-09 JOINING OF PIPE
Butt Fusion: The pipe shall be joined by heat fusion of the ends. Prior to fusion the pipe shall be
clean,and the ends shall be cut square. Butt-fusion joining is applicable to pipes that have the
same nominal outside diameter and wall thickness,within one SDR. Field site butt-fusion
system operators shall be trained in the use of the high-quality butt-fusion equipment that secure
and precisely align the pipe ends for the fusion process. Operators shall be trained by the pipe
supplier or manufacturer of the fusing machine and be experienced in the operation of the
equipment. Fusion quality shall be recorded,the recording of the information must be provided
to the Owner. The Owner will review documents within 7 days and identify any fusion records
that might indicate the need to replace an existing fused connection. The recorded fusion
information must meet the standard requirements of ASTM F3124. All fusions failing to meet
these requirements shall be removed and refused. Refer to ASTM F2620,ASTM F3124,ASTM
F3183 and ASTM F3190.
02-10 PRE-CHLORINATION OF PIPE
Chlorination of pipes prior to bursting shall be carried out per ANSI/AWWA C651-99 Standard
for Disinfecting Water Mains and in cooperation with the City's Water Maintenance Department.
Any information here shall facilitate that method when performed on pipes not yet placed on
grade. In general,the method includes the following:
a. Disinfect all equipment,tools,end caps,pipe fittings or product that may contact pipe.
b. Disinfection shall be carried out by immersing or rinsing items in a hypochlorus solution
containing 1 to 5 percent chlorine measured by weight. See details of Chlorination
solution in section 2.11.
c. Pipe shall be fused into a string of sufficient length to complete the designated section or
be coiled in a manner suitable for delivery on a pipe reel. Maximum allowable length is
800 feet.
c. The surface upon which the product pipe rests during Chlorination shall be relatively
impervious and free from visible contamination.Coiled pipe must be laid horizontally to
allow all air to be expelled.
d. Swabbing,Chlorination,and testing of the inside diameter of the pipe shall be
accomplished by:
1. Swab being inserted at the lowest end of the pipe.
2. Calcium Hypochlorite tablets or granules as described in section 2.11. shall be
placed behind the swab
3. Pressure tight end cap shall be mounted to the low end of the pipe either by
fusing or mechanically assembled to the pipe.
4. Potable water shall be introduced through this end cap at a controlled rate such
that the swab is propelled at a velocity less than or equal to one foot per second.
All air is to be dispelled from the pipe.
5. Upon discharge of the swab from the elevated end of the pipe,the elevated end
shall be capped with a pressure tight seal.This seal having a tapped access hole
of size at least 1.25"NPT or incorporating the ability to leak(purge)air or water
at will by adjustment of clamping bolts.Additional potable water should be
added after capping to ensure that no air remains between the caps.
6. Pressure testing of the pipe section should be performed per details in section
2.12 upon replacement of the second end cap.
7. Chlorinated solution should be maintained in the pipe for a minimum of 24 hours
prior to flushing when water temperature is above 41 °F(5°C),48 hours when
water temperature is 41°F(5°C)or less.Time for retention of the chlorinated
solution shall not be significantly over designated holding time so as to prevent
damage to the pipe or end caps.
8. After designated holding time,the pipe shall be drained, flushed and filled with
potable water so as to expel the highly chlorinated solution.The spent
Chlorinated solution shall not be allowed to enter any water shed,a sanitary
sewer or any other area where environmental damage may occur without
neutralizing it in an industry acceptable manner. Flushing water shall be from a
source known to be of drinking water standard.
9. Test samples shall be taken from each end of the pipe on consecutive days,24
hours apart. Samples shall be tested by a state certified lab within 30 hours of
being taken.
10. Failure of any sample to pass a bacteriological test should result in the related
section of pipe being re-flushed and retested. Should any sample again fail,the
section must be chlorinated before retest.
11. Time before re-connection of a passing pipe section shall be limited to 14 days
from the last sampling.After this time the pipe must be retested to be acceptable
for use.
12. Drain the section of pipe prior to pipe bursting. The pipe shall be drained on the
day of the pipe bursting,and sealed after draining and for the pipe bursting
process.
13. Swabs should be designated by the manufacturer as suitable for potable water
system use. Swabs are to be manufactured by Knapp Industries or be of
equivalent design.
02-11 CHLORINATION SOLUTIONS
a. Acceptable forms of chlorine include Calcium Hypochlorite conforming to
ANSI/AWWA B300,preferably in 5 gram tablets,alternately in granular form. Material
must be stored per manufacturer's recommendations.
b. Unacceptable forms of chlorine include Calcium Hypochlorite intended for swimming
pool use.
c. Calcium Hypochlorite tablets shall be placed behind the swab in quantity based on pipe
size and length per ANSI/AWWA C651-99 AWWA Standard for Disinfecting Water
Mains.
d. Calcium Hypochlorite in granular form shall be placed behind the swab in quantity based
on pipe size and length per ANSI/AWWA C651-99 AWWA Standard for Disinfecting
Water Mains.
d. Solutions acceptable for pipe chlorination shall be acceptable for disinfection of
equipment,tools,and caps,pipe fitting or product that may contact pipe.
e. Dilute Chlorinated solutions over 7 days old shall be disposed of properly and not used as
a disinfection agent.
02-12 HYDROSTATIC PRESSURE TESTING
a. Maximum allowable test pressure as referenced by PPI TR-31 shall be 1.5 times the pipe
rated operating pressure(min. test pressure 125 psi)at the lowest point in the section
under test or that of the lowest rated pressure component such as flanges,valves, fittings,
etc.
b. Air trapped in the product pipe must be purged before test.
c. At the discretion of the City,the test method used may be either a Monitored Make-up
Water Test or a Non-monitored Make-up Water Test.Either test shall be performed
above ground without fittings prior to pipe bursting. If damage to the product pipe occurs
during bursting that requires a fused joint repair,the Authority may require re-test,with
or without fittings after bursting.
d. Monitored Make-up Water Test shall be comprised of two stages.
1. Initial expansion and stabilization stage.The initial test pressure is applied,and
the system is allowed to stand without make-up water during a 2 to 3 hour period.
During this time,the pipe is allowed to expand and stabilize.
2. Test stage,after the stabilization is complete,the system is pumped back to test
pressure and allowed to sit for 2 additional hours.Water is then added until the
test pressure is attained.Water added shall not exceed that of Table 6.1.
e. Non-monitored Make-up Water Test shall be comprised of two stages.
1. Initial expansion and stabilization state.The initial test pressure is applied,and
the system is allowed to stand without make-up water during a 2 to 3-hour
period.During this time the pipe is allowed to expand and stabilize.
2. Test stage.After the stabilization is complete,the system is pumped back to test
pressure and then reduced by 10 PSI. The pressure shall remain steady,not
falling more than 5%from reduced pressure during a one-hour test period.
3. Total time allotted for test shall not exceed 8 hours. If successful test can not be
completed in this period,then the test section must be depressurized and allowed
to relax for a minimum of 8 hours before retest.
f. Re-test after repair. Should the Authority require test after repair,refer to Equation 6.2
for Leakage Allowance due to fittings for the Monitored Make-up Water Test.
g. Manifest shall be filled out with all pressure test results.
SECTION 03 -PIPE BURSTING OPERATION
The pipe bursting operation described within provides guidance on the basic process. It is to be
understood that the need to make exceptions or additions to this process are common.These
changes are made to accommodate nonstandard conditions.The contractor experience
requirements make it reasonable to put the responsibility of devising these exceptions upon the
contractor.
03-01 PIT LOCATION AND EXCAVATION
a. Burst pit and insertion pit locations shall be placed such that excavations are minimized.
This may be accomplished by placing either or both pits at the point of a service
connection.
b. Burst length shall be 400' (+1-)50' in length for first 2 bursts. After soil pipe friction is
evaluated longer burst runs may be performed.
c. All pits shall be shored to ensure worker safety per OSHA or other local regulations.
d. All pits shall be roped off and or covered when not active per OSHA or local regulations
to ensure public safety.
e. Traffic control shall be accommodated for by Contractor as per the Contract
specifications. Safe traffic passage around pit excavations that are located in or adjacent
to streets or highways shall meet requirements of City Right-of-way Department.Parking
of related employee vehicles,trucks and auxiliary and equipment shall be such that
congestion and traffic delays are minimized.
f. Utilities intersecting the hose pipe shall be exposed using an excavation technique
appropriate for the utility.This Utility Crossing Pit shall exist prior to commencement of
bursting. Man entry shoring is not required however appropriate safety precautions
should be made.
03-02 BURSTING MACHINE LOCATION AND SHORING
Bursting machines of the static pull style require preparation and planning for the bursting pit that
they are to operate from.
a. Burst pit shall be shored in accordance to 03.01.(c).
b. Forward face of the Burst Pit or the surface that the machine bears against while pulling
back,shall be shored in workman like manner. This shoring shall maintain perpendicular
burst machine alignment to the pipe during pullback. Any loss of perpendicular
alignment during pull shall result in stopping of the bursting process and improvement of
the forward face shoring.
c. Rearward shoring shall be provided to react rod thrust forces during payout.While these
forces are substantially lower than pullback forces,shoring must be used to stabilize the
bursting machine to maintain perpendicular alignment of the machine during payout. The
weight of the machine can not be depended on to react thrust forces.Hose pipe at rear
face of pit may only be utilized for rearward shoring if scheduled for replacement.
d. Pipe face for Cast Iron,Ductile Iron or PVC shall be cut off using a saw or similar device
to produce a square face for the bursting machine forward face to bear against. Final
separation of cast iron pipe with a wedge may provide a clean face. Host Pipe shall be
removed in sufficient length to accommodate burst machine.
e. Burst machine must be positioned to have rod centerline at approximate centerline of host
pipe.
f. Rod Box delivery and removal between temporary rod storage location and Burst Pit
must be accommodated for with appropriate lifting equipment and techniques.
Additionally,movement and or placement of lifting machine must be included in Traffic
Control plans.
03-03 ROD PAYOUT OPERATION
a. Rod payout is the process of assembling a string of rods and pushing them in a step wise
manner from Burst Pit,through the interior of the hose pipe to Insertion Pit.
b. Lifting of rod boxes into or out of the Burst Pit shall be performed per OSHA or other
applicable requirements with respect to equipment and method.
c. Threads shall be cleaned of foreign matter before assembly.
d. Counting of Rods during payout,or quantity of rods per box shall be monitored such that
the operator is aware of the distance between the burst machine and the lead end of the
rod string.
e. Thrust force should be monitored by the operator. Should an unexpected sudden and
significant increase in thrust force be experienced,the process shall be halted.The
operator or contractor shall review the results of 3.3 (e.1)with the Authority to remedy
per 3.3 (e.2)in an attempt to determine if offsets,valves or other features or obstruction
exist that may cause the rod string to leave the pipe.
1. Front end of the rod string should be located by distance from the Burst Pit.
Location should be painted and compared to as built plans.
2. Appropriate action should be taken to remedy the cause.This action may include
an additional pit at the obstruction to determine the cause,and remove or
accommodate for the obstruction. The decision may be to continue thrusting if
the obstruction is believed to be encrustation.
f. Host pipe in the Insertion Pit shall be cut or broken prior to arrival of the rod string.
Sufficient length shall be removed so as to allow the Burst Tooling to enter the host pipe
and bend the product within the allowable radius specified by the pipe manufacturer. The
second end of the host pipe in the Insertion Pit shall be positioned or worked so as not to
damage the product pipe as it travels through the Insertion Pit.
g. Workmen shall not enter the Insertion Pit when the rod string is nearing the Pit.A
workman shall be in visual or radio contact with the burst machine operator so as to have
the payout halted in a position that allows attachment of the Burst tooling. Burst tooling
style shall be chosen based on anticipated properties of host pipe and host pipe repairs.
1. Cast Iron or Asbestos Concrete host pipe anticipated to be free of either Ductile
Iron repair sections or Dressor Style Couplings may use a simple conical burst
head with a single or double longitudinal blade.
2. Ductile Iron,PVC or hose pipe with Ductile Iron repair sections or Dressor Style
Couplings require use of a rolling blade cutter(slitter)ahead of the conical
expander.
03-04 TOOLING AND ATTACHMENT
a. The Product Pipe shall be moved into position for attachment to the rod string.
Appropriate traffic or pedestrian control will be exercised along the path of the Product
Pipe.
b. The lead and second rod shall be painted orange or yellow so as to give notice to the burst
machine operator position of the Burst Tooling.
c. Attachment of the Burst Tooling to the rod shall be through the use of removable pin
joint allowing the tooling to pivot at least 46 degrees to the rod axis.
d. Burst head diameter must be a minimum of 15%over size to the outside diameter of the
Product Pipe. Actual size is left to the discretion of the contractor. A greater outside
diameter allows for reduced pipe friction and increases bursting forces pushed and
increases solid pipe placement.
e. Attachment of the Product pipe to the Burst Tooling shall be with a swivel that permits
rotation to relieve torsional(twist)stress on the Product pipe.
f. Burst Head shall slide on the rod string such that the rear of the burst head overlaps the
forward end of the Product Pipe to eliminate the chance of damage to the Product Pipe.
03-05 PULLBACK OPERATION
a. Prior to commencement of pullback,there will be visual or radio contact between
observers stationed adjacent to the Insertion Pit,the Burst Machine operator and a
Product Pipe Observer stationed strategically along the length of the product pipe to
watch for product pipe entanglement with above ground obstructions.
b. The Burst Machine operator will begin the pullback with the OK of the Insertion Pit
Observer. Progress will be made at a slow rate until the Observer sees the Burst Tooling
has completely entered the Host Pipe.
c. Pipe progress will be monitored for the 1St 20 feet of pullback by the Insertion Pit
Observer and the Product Pipe Observer.
d. As the Burst Tooling nears any Utility Crossing Pit,an observer in radio or visual contact
with the Burst Machine Operator will monitor and control movement of the Burst
Tooling past the utility.
e. Should the forward shoring upon which the bursting machine bears yield sufficiently to
bring the Bursting Machine out of square to the host pipe,the shoring will be reworked
according to 3.2(b).
03-.06 TOO�.ING REMOVAL
a. Burst Machine Operator shall note rod count and anticipate entry of painted rods into the
Burst Pit.As the Pin Joint Connection nears the Burst Machine forward face,the burst is
to be halted. Load on the forward face is relieved by reversing the rod direction slightly.
b. The Burst Machine Shore Plate is to be removed,allowing the tooling to enter a cage or
the hull of the Burst Machine. The tooling string will be disassembled and removed,in
sections if necessary,until the Product Pipe face has been pulled beyond the face of the
Burst Pit. The distance past the face of the Burst Pit shall be at the discretion of the
contractor anticipating the length required for connection/fusing.
SECTION 04 -AFTER PIPE BURSTING
Upon completion of the pipe bursting,certain tasks must be followed through in order to
complete the overall process.
04-01 PIT CONDITION PRIOR TO TAPS OR JOINING SYSTEM
a. Maintaining sanitary conditions within the product pipe after pipe bursting must take high
priority. Should any foreign matter,including ground water be allowed to enter the pipe
interior,the condition of the pipe is no longer suitable for connection to the system. For
this reason connections may not be made in standing water. Such water must be pumped
or bailed prior to making the connection or unsealing the pipe.Areas under connections
should be excavated below the pipe invert.
b. Before joining a surface and before any special surface preparation to accommodate that
joining,external surfaces should be clean and dry. Dust may be removed by wiping with
clean,lint free cloth. Heavier deposits must be washed from the surface with soap and
water and dried with a clean,lint free cloth.
c. Incidental exposure of the interior of the pipe to any foreign matter shall require that one
of the two following remedies be carried out:
1. Complete chlorination per AWWA specifications for buried pipe.
2. Localized contamination at the end of the pipe may be removed and the
contaminated interior surface of the pipe wiped with a solution of 1 to 5%
hypochlorite disinfecting solution.
04-02 SERVICE TAPS AND SERVICE LINES
a. Service taps shall be of a type approved by the Authority and must meet AWWA C906.
Construction of taps shall be per the manufacturer's recommendation.Acceptable choices
include:
1. Electro-fusion type and/or mechanical saddles with a minimum working pressure
of 100psi
2. Socket Fusion
b. Replacement or rehabilitation of service lines,if required,shall be according to contract.
Note: HDPE pipe is the preferred material for service line replacements to curb stops.
04-03 POST CHLORINATION
The section of main will be super-chlorinated to 300 ppm by inserting a swab at one end. The
swab shall travel the entire length of the pipe section.
04-04 SERVICE REINSTATEMENT
Prior to connection of the newly installed pipe,the section of pipe shall be fully flushed with the
use of a de-chlorination unit and ascorbic acid to neutralize the residual chlorine.Following
flushing,the newly installed section may be connected to the main at both ends and service
reinstated.
04-05 BACKFILL AND SURFACE REINSTATEMENT
a. Backfill used to restore pits shall be per applicable sewer and water construction
standards applicable in the municipality.
b. Lawn restoration shall be per applicable sewer and water construction standards
applicable in the municipality.
c. Asphalt,concrete,or other roadway surface restoration shall be per applicable sewer and
water construction standards applicable in the municipality.
04-06 DOCUMENTATION FINALIZATION
Within(15)days of completion of the job,all records including manifests,marked up
construction plans or documents pertinent to describing the system as installed shall be provided
to the City.
02000 PLANS, DETAILS AND NOTES
If applicable, insert reference(s)to project plans; details; and notes
Project map attached.
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South
A Pipe BurstingROUND ROCK TEXAS
UTILITIES AND ENVIRONMENTAL SERVICES
R
i
GORDIAN
Work Order Signature Document
ezIQC Buy Board Contract No.: 520-16 Area G - SKE
FINew Work Order ❑ Modify an Existing Work Order
Work Order Number.: 088398.00 Work Order Date: 02/22/2021
Work Order Title: City of Round Rock-South Creek AC Rehab
Owner Name. Utilities and Environmental Services-CilContractor Name: SKE Construction, LLC
Contact: Kit Pekins Contact: Karl Eberhart
Phone: 512-341-3145 Phone: 281-585-4100
Work to be Performed
Work to be performed as per the Final Detailed Scope of Work Attached and as per the terms and conditions of ezIQC
Buy Board Contract No 520-16 Area G-SKE.
Brief Work Order Description:
City of Round Rock-South Creek AC Rehab.
Time of Performance Estimated Start Date:
Estimated Completion Date:
Liquidated Damages Will apply: 11 Will not a I :
Work Order Firm Fixed Price: $1,697,337.50
Owner Purchase Order Number:
Approvals
Owner Date Contractor Date
Work Order Signature Document Page 1 of 1
2/22/2021
• •
GORDIAN (�
Detailed Scope of Work
To: Karl Eberhart From: Kit Pekins
SKE Construction Utilities and Environmental Services-City of
Round Rock
PO Box 1111 3400 Sunrise Rd.
Cypress, TX 77410 Round Rock„ TX 78665
281-585-4100 512-341-3145
Date Printed: February 22, 2021
Work Order Number: 088398.00
Work Order Title: City of Round Rock-South Creek AC Rehab
Brief Scope: City of Round Rock-South Creek AC Rehab.
Preliminary Revised �X Final
The following items detail the scope of work as discussed at the site. All requirements necessary to accomplish the items
set forth below shall be considered part of this scope of work.
l. Traffic control,and trench safety per city specs.
2. Pre-chlorinated pipe bursting of 13,260LF of 6"waterline
3. Pre-chlorinated pipe bursting of 1,000LF of 8"waterline
4. Pre-chlorinated pipe bursting of 20OLF of 12"waterline
5. Remove and replace 22 fire hydrants
6. (3) 8x1 short side services
7. (5) 8xl.5 long side dual services
8. (3) 8xL5 short side dual services
9. (113)6xl.5 short side dual services
10. (127)6x 1.5 long side dual services
11. (16)6xl short side services
12. Haul off excess excavated material
13. Restore sod,pavement, sidewalk,and curbs.
Subject to the terms and conditions of JOC Contract 520-16 Area G -SKE.
Contractor Date
Owner Date
Scope of Work Page 1 of 1
2/22/2021
Contractor's Price Proposal - Summary
Date: February 22,2021
Re: IQC Master Contract#: 520-16 Area G-SKE
Work Order#: 066398.00
Owner PO#:
Title: City of Round Rock-South Creek AC Rehab
Contractor: SKE Construction,LLC
Proposal Value: $1,697,337.50
Clean Out $3,532.36
Cut Off $1,176.59
FH $68,420.16
GV $50,778.55
Haul Off $22,568.52
Mobilization $0.00
Open Cut $3,736.83
PB $860,054.41
Restoration $106,885.31
Service $165,428.44
Site Work $185,150.71
SWPPP $2,975.06
TCP $15,226.37
WC $211,404.19
Proposal Total $1,697,337.50
Thisl total represents the correct total for the proposal. Any discrepancy between line totals,
sub-totals and the proposal total is due to rounding.
The Percentage of NPP on this Proposal: 21.95%
Contractor's Price Proposal-Summary Page 1 of 1
2/22/2021
• •
Contractor's Price Proposal - Detail
Date: February 22,2021
Re: IQC Master Contract#: 520-16 Area G-SKE
Work Order#: 088398.00
Owner PO#:
Title: City of Round Rock-South Creek AC Rehab
Contractor: SKE Construction,LLC
Proposal Value: $1,697,337.50
Sect. Item Mod. UOM Description Line Total
Labor Equip. Material (Excludes)
Clean Out
1 33 11 13 23 0011 LF 6"Class 200,SDR 21 Polyvinyl Chloride(PVC)Pressure Pipe $1,801.73
Quantity Unit Price Factor Total
Installation 200.00 x 8.16 x 1.1040 1,801.73
2 33 31 00 00 0105 EA 6"Clean Out Tees With Plug,Polyvinyl Chloride(PVC)Sewer And Drain $1,730.63
Quantity Unit Price Factor Total
Installation 10.00 x 156.76 x 1,1040 1,730.63
Subtotal for Clean Out $3,532.36
Cut Off
3 23 05 23 00 0016 EA 3/4"200 PSI,Non Rising Stem,Crimped Bronze Gate Valve $1,176.59
Quantity Unit Price Factor Total
Installation 15.00 x 71.05 x 1.1040 - 1,176.59
Resident Cut-Off Valve
Subtotal for Cut Off $1,176.59
FH
4 33 11 13 13 0005 LF 6"Mechanical Joint Ductile Iron Pipe $4,098.93
Quantity Unit Price Factor Total
Installation 130.00 x 28.56 x 1.1040 4,098.93
FH Lead
5 33 11 13 13 0487 EA 6"Mechanical Joint Ductile Iron Long Sleeves $8,458.30
Quantity Unit Price Factor Total
Installation 22.00 x 348.25 x 1.1040 8,458.30
6 33 11 13 13 0503 EA 6"Mechanical Joint Gland,Gasket,T-Head Bolts And Nutsincludes six(6)3/4" $10,258.92
diameter plain finish Boltss with nut.
Quantity Unit Price Factor Total
Installation 350.00 x 26.55 x 1.1040 - 10,258.92
FH Connections
7 33 11 13 53 0137 EA 6"Diameter x 6"Epoxy Coated Carbon Steel Flange, Stainless Steel Tapping $1,021.28
Sleeve(Smith-Blair 662)
Quantity Unit Price Factor Total
Installation 100 x 925.07 x 1.1040 1,021.28
8 33 11 13 53 0139 EA 8"Diameter x 6"Epoxy Coated Carbon Steel Flange, Stainless Steel Tapping $1,070.24
Sleeve(Smith-Blair 662)
Quantity Unit Price Factor Total
Installation 100 x 969.42 x 1.1040 1,070.24
9 33 12 13 23 0013 EA 2"Inlet x 2-1/2"Outlet Steel Flushing Hydrant,3'Bury Depth $460.78
Quantity Unit Price Factor Total
Installation 100 x 417.37 x 1.1040 460.78
Contractor's Price Proposal-Detail Page 1 of 8
2/22/2021
Contractor's Price Proposal - Detail Continues..
Work Order Number: 088398.00
Work Order Title: City of Round Rock-South Creek AC Rehab
FH
10 33 12 19 00 0043 EA 3'Burial Section,5-1/4"Valve,Two Way,Standard Type(Traditional)Fire $9,082.00
Hydrant
Quantity Unit Price Factor Total
Installation 5.00 x 1,645.29 x 1.1040 - 9,082.00
11 33 12 19 00 0045 EA 4'Burial Section,5-1/4"Valve,Two Way,Standard Type(Traditional)Fire $5,748.14
Hydrant
Quantity Unit Price Factor Total
Installation 3.00 x 1,735.55 x 1.1040 5,748.14
12 33 12 19 00 0047 EA 5'Burial Section,5-1/4"Valve,Two Way,Standard Type(Traditional)Fire $28,221.57
Hydrant
Quantity Unit Price Factor Total
Installation 14.00 x 1,825.93 x 1.1040 28,221.57
Subtotal for FH $68,420.16
GV
13 33 12 16 000040 EA Valve Box Upper And Lower Section $3,003.32
Quantity Unit Price Factor Total
Installation 40.00 x 68.01 x 1.1040 3,003.32
14 33 12 16 00 0041 EA Valve Box Cover"Water" $480.46
Quantity Unit Price Factor Total
Installation 40.00 x 10.88 x 1.1040 480.46
15 33 12 16 00 0307 EA 6"Resilient Wedge Gate Valve,Mechanical Joint $34,819.28
Quantity Unit Price Factor Total
Installation 44.00 x 716.80 x 1.1040 - 34,819.28
16 33 12 16 00 0308 EA 8"Resilient Wedge Gate Valve,Mechanical Joint $11,454.33
Quantity Unit Price Factor Total
Installation 1000 x 1,037.53 x 1.1040 11,454.33
17 33 12 16 00 0364 EA 6"Resilient Wedge Tapping Gate Valve,Mechanical Joint X Flanged Joint $1,021.16
Quantity Unit Price Factor Total
Installation 100 x 924.96 x 1.1040 1,021.16
Subtotal for GV $50,778.55
Haul Off
18 01 74 19 000031 CY Excavated Dirt Landfill Dump Fee $3,415.78
Quantity Unit Price Factor Total
Installation 350.00 x 8.84 x 1.1040 3,415.78
19 01 74 19 00 0032 CY Asphalt,Concrete,Gravel And Subgrade Material,Landfill Dump Fee $7,229.54
Quantity Unit Price Factor Total
Installation 350.00 x 18.71 x 1.1040 7,229.54
20 01 74 19 00 0035 CYM Hauling On Paved Roads,First 15 Miles $11,923.20
Quantity Unit Price Factor Total
Installation 20,000.00 x 0.54 x 1.1040 11,923.20
Subtotal for Haul Off $22,568.52
Mobilization
Contractor's Price Proposal-Detail Page 2 of 8
2/22/2021
Contractor's Price Proposal - Detail Continues..
Work Order Number: 088398.00
Work Order Title: City of Round Rock-South Creek AC Rehab
Mobilization
21 01 71 13 00 0002 EA Equipment Delivery,Pickup,Mobilization And Demobilization Using A Rollback $0.00
Flatbed Trucklncludes delivery of equipment,off loading on site,rigging,
dismantling,loading and transporting away.For equipment such as trenchers,
skid-steer loaders(bobcats),industrial warehouse forklifts,sweepers,
scissor platform lifts,telescoping and articulating boom manlifts with up to 40'
boom lengths,etc.
Quantity Unit Price Factor Total
Installation 0.00 x 150.00 x 1.1040 0.00
22 33 01 30 71 0011 EA Initial Set-up Pipe Bursting Equipment $0.00
Quantity Unit Price Factor Total
Installation 0.00 x 2,985.10 x 1.1040 0.00
23 33 13 00 00 0002 EA Setting Up And Removing Equipment For Water Main Disinfection/Sterilization, $0.00
Gas Chlorination Method
Quantity Unit Price Factor Total
Installation 0.00 x 362.04 x 1A040 0.00
Subtotal for Mobilization $0.00
Open Cut
24 31 23 16 13 0004 CY 12"Wide or Less,Excavation for Trenching by Machine in Loose Rock $3,038.21
Quantity Unit Price Factor Total
Installation 320.00 x 8.60 x 1.1040 3,038.21
25 31 23 16 13 0010 CY Backfilling or Placing Subbase for Trenches with Imported or Stockpiled $650.04
Materials by Machine
Quantity Unit Price Factor Total
Installation 320.00 x 1.84 x 1.1040 650.04
26 31 23 16 13 0045 LF Backfill 6"Wide,36"Deep Trench,With Compaction $48.58
Quantity Unit Price Factor Total
Installation 100,00 x 0.44 x 1.1040 48.58
Subtotal for Open Cut $3,736.83
PB
27 01 22 20 00 0015 HR LaborerFor tasks not included in the Construction Task Catalog@ and as $20,811.50
directed by owner only.
Quantity Unit Price Factor Total
Installation 700.00 x 26.93 x 1.1040 20,811.50
28 01 22 20 00 0015 0004 For Foreman,Add $298.08
Quantity Unit Price Factor Total
Installation 200.00 x 1.35 x 1.1040 298.08
29 33 01 30 71 0012 EA Re-Set Up/Move Pipe Bursting Equipment $49,433.26
Quantity Unit Price Factor Total
Installation 30.00 x 1,492.55 x 1.1040 - 49,433.26
30 33 01 30 71 0028 LF 6"Diameter,Static Head Pipe Bursting $244,250.73
Quantity Unit Price Factor Total
Installation 13,360.00 x 16.56 x 1.1040 - 244,250.73
31 33 01 30 71 0029 LF 8"Diameter,Static Head Pipe Bursting $20,368.80
Quantity Unit Price Factor Total
Installation 1,000.00 x 18.45 x 1.1040 20,368.80
Contractor's Price Proposal-Detail Page 3 of 8
2/22/2021
• •
Contractor's Price Proposal - Detail Continues..
Work Order Number: 088398.00
Work Order Title: City of Round Rock-South Creek AC Rehab
PB
32 33 01 30 71 0031 LF 12"Diameter,Static Head Pipe Bursting $5,246.21
Quantity Unit Price Factor Total
Installation 200.00 x 23 76 X 1 1040 5.246 21
33 33 11 13 23 0000 LF Hercules 80OG GrundoBurst Machine $232,960.00
Quantity Unit Price Factor Total
NPF Installation 14,560.00 x 16.00 X 1.0000 232,960,00
34 33 11 13 23 0430 LF 6"DR 21,Butt Fusion Joint High Density Polyethylene(HDPE)Pressure Pipe $174,043.39
Quantity Unit Price Factor Total
Installation 13,360.00 X 11.80 x 1.1040 174,043.39
35 33 11 13 23 0431 LF 8"DR 21,Butt Fusion Joint High Density Polyethylene(HDPE)Pressure Pipe $16,847.04
Quantity Unit Price Factor Total
Installation 1,000.00 x 15.26 x 1.1040 - 16,847.04
36 33 11 13 23 0433 LF 12"DR 21,Butt Fusion Joint High Density Polyethylene(HDPE)Pressure Pipe $5,531.04
Quantity Unit Price Factor Total
Installation 200.00 x 25.05 x 1.1040 5,531.04
37 33 11 13 23 1431 LF MOD for 8"DR11(200 PSI) $6,855.84
Quantity Unit Price Factor Total
NPP Installation 1,000.00 x 6.21 x 1.1040 6,855.84
38 33 11 13 23 1433 LF MOD for 12"DR11 (200 PSI) $3,075.74
Quantity Unit Price Factor Total
NPP Installation 200.00 X 13.93 x 1.1040 3,075.74
39 33 11 13 23 1441 LF MOD for 6"DR11(200 PSI) $76,844.58
Quantity Unit Price Factor Total
NPP Installation 13,360.00 X 5.21 x 1.1040 - 76,844.58
40 33 13 00 00 0005 LF 6"Diameter Pipe Water Main Disinfection/Sterilization $3,097.38
Quantity Unit Price Factor Total
Installation 13,360.00 x 0.21 x 1.1040 3,097.38
41 33 13 00 00 0006 LF 8"Diameter Pipe Water Main Disinfection/Sterilization $298.08
Quantity Unit Price Factor Total
Installation 1,000.00 x 0.27 x 1.1040 - 298.08
42 33 13 00 00 0008 LF 12"Diameter Pipe Water Main Disinfection/Sterilization $92.74
Quantity Unit Price Factor Total
Installation 200.00 x 0.42 x 1.1040 - 92.74
Subtotal for PB $860,054.41
Restoration
43 31 05 13 000003 CY 3/8"Minus,ASTM C33,Screened/Washed Bedding Sand $12,753.41
Quantity Unit Price Factor Total
Installation 320.00 x 36.10 x 1.1040 - 12,753.41
44 31 05 16 00 0004 CY #4 Stone Aggregate Fill(3/4"To 1-1/2"Clean) $14,844.83
Quantity Unit Price Factor Total
Installation 320.00 x 42.02 X 1.1040 14,844.83
Service&Excavation Bedding
45 31 32 13 19 0003 TON Cement Stabilized Base Material $780.53
Quantity Unit Price Factor Total
Installation 10.00 x 70.70 x 1.1040 780.53
Under Pavement
Contractor's Price Proposal-Detail Page 4 of 8
2/22/2021
• •
Contractor's Price Proposal - Detail Continues..
Work Order Number: 088398.00
Work Order Title: City of Round Rock-South Creek AC Rehab
Restoration
46 32 12 16 13 0016 SY 2"Thick Surface Courselncludes placement,rolling,finishing and sweeping. $673.66
Quantity Unit Price Factor Total
Installation 60.00 x 10.17 x 1.1040 - 673.66
HMAC
47 32 16 13 13 0020 LF 6"x 24"Concrete Gutter With 6"Curb And Face-Straight $4,073.76
Quantity Unit Price Factor Total
Installation 200.00 x 18.45 x 1.1040 - 4,073.76
48 32 16 23 00 0004 SF 6"Cast In Place Concrete Sidewalk $52,362.72
Quantity Unit Price Factor Total
Installation 9,000.00 x 5.27 x 1.1040 - 52,362.72
49 32 92 23 00 0065 MSF Up To 1,000 SF,St.Augustine Sod,Installed On Level Ground $21,396.40
Quantity Unit Price Factor Total
Installation 32.00 x 605.65 x 1.1040 21,396.40
Subtotal for Restoration $106,886.31
Service
50 33 11 13 23 0010 LF 4"Class 200,SDR 21 Polyvinyl Chloride(PVC)Pressure Pipe $2,941.06
Quantity Unit Price Factor Total
Installation 600.00 x 4.44 x 1.1040 2,941.06
51 33 11 13 23 1006 LF 1X100 CTS SDR9 HDPE PIPE 250# $278.40
Quantity Unit Price Factor Total
NPP Installation 240.00 x 1.16 x 1.0000 278.40
52 33 11 13 23 1007 LF 1-1/2X100 CTS SDR9 HDPE PIPE 250# $8,250.20
Quantity Unit Price Factor Total
NPP Installation 5,810.00 x 1.42 x 1.0000 8,250.20
53 33 11 13 23 1008 LF 2X100 CTS SDR9 HDPE PIPE 250# $132.50
Quantity Unit Price Factor Total
NPP Installation 50.00 x 2.65 x 1.0000 - 132.50
54 33 11 13 39 1054 EA LF 1-1/2X3/4 U48-63-G-NL U-BRANCH PC $21,033.60
Quantity Unit Price Factor Total
NPP Installation 240.00 x 87.64 x 1,0000 21,033.60
U-Branch
55 33 11 13 53 0079 EA 6"Diameter x 3/4''To 1"Tap Stainless Steel Double Straps,Bronze Body $3,834,50
Service Saddle(Mueller BR2S)
Quantity Unit Price Factor Total
Installation 16.00 x 217.08 x 1.1040 - 3,834.50
56 33 11 13 53 0080 EA 6"Diameter x 1-1/4"To 2"Tap Stainless Steel Double Straps,Bronze Body $58,370.73
Service Saddle(Mueller BR2S)
Quantity Unit Price Factor Total
Installation 221.00 x 239.24 x 1.1040 - 58,370.73
57 33 11 13 53 0081 EA 8"Diameter x 3/4"To 1"Tap Stainless Steel Double Straps,Bronze Body $829.32
Service Saddle(Mueller BR2S)
Quantity Unit Price Factor Total
Installation 3.00 x 250.40 x 1.1040 829.32
58 33 11 13 53 0082 EA 8"Diameter x 1-1/4"To 2"Tap Stainless Steel Double Straps,Bronze Body $2,325.73
Service Saddle(Mueller BR2S)
Quantity Unit Price Factor Total
Installation 8.00 x 263.33 x 1.1040 2,325.73
Contractor's Price Proposal-Detail Page 5 of 8
2/22/2021
Contractor's Price Proposal - Detail Continues..
Work Order Number: 088398.00
Work Order Title: City of Round Rock-South Creek AC Rehab
Service
59 33 12 16 00 0036 EA 12"Wide x 16"Long x 16"Deep Plastic Meter Box And Cover $1,612.94
Quantity Unit Price Factor Total
Installation 10.00 x 146.10 x 1.1040 1,612.94
Single Meter Boxes
60 33 12 16 00 0125 EA 3/4"Threaded,Class 150,Bronze Angle Valve $1,143.08
Quantity Unit Price Factor Total
Installation 20.00 x 51.77 x 1.1040 1,143.08
61 33 12 16 00 0246 EA 1"Ball Corporation Valve $1,399.31
Quantity Unit Price Factor Total
Installation 19.00 x 66.71 x 1,1040 - 1,399.31
62 33 12 16 00 0247 EA 1-1/2"Ball Corporation Valve $32,193.96
Quantity Unit Price Factor Total
Installation 228.00 x 127.90 x 1,1040 32,193.96
63 33 12 16 00 0257 EA 3/4"Ball Curb Valve $28,745.51
Quantity Unit Price Factor Total
Installation 380.00 x 68.52 x 1.1040 - 28.745.51
64 33 12 16 00 1036 EA 17X15 MTR BX W/LCK LID Double Meter Box $2,337.60
Quantity Unit Price Factor Total
NPP Installation 10.00 x 233.76 x 1.0000 - 2,337.60
Double Meter Boxes
Subtotal for Service $165,428.44
Site Work
65 01 22 20 00 0036 HR Truck Driver,LightFor tasks not included in the Construction Task Catalog® $14,837.76
and as directed by owner only.
Quantity Unit Price Factor Total
Installation 300.00 x 44.80 x 1.1040 - 14,837.76
66 01 22 23 00 0265 WK 3,000 LB Capacity,78"Wide,Tracked Skid-Steer Loader(Bobcat)With $61,937.45
Full-Time Operator
Quantity Unit Price Factor Total
Installation 18.00 x 3,116.82 x 1.1040 61,937.45
67 01 22 23 00 0267 DAY Hydraulic Hammer Attachment For Skid-Steer Loaders $3,798.64
Quantity Unit Price Factor Total
Installation 20.00 x 172.04 x 1.1040 3,798.64
68 01 22 23 00 0385 WK 11,000 LB Mini-Excavator With Full-Time Operator(Bobcat 337) $67,830.09
Quantity Unit Price Factor Total
Installation 18.00 x 3,413.35 x 1.1040 67,830.09
Excavation
69 01 22 23 00 0391 DAY 1 CY,24"Bucket, 14'-4"Deep,75 HP,Loader-Backhoe With Full-Time $17,399.04
Operator
Quantity Unit Price Factor Total
Installation 20.00 x 788.00 x 1.1040 17,399.04
70 02 41 19 13 0058 LF Saw Cut In Streets,Concrete And Asphalt Up To 4"Depth $3,788.93
Quantity Unit Price Factor Total
Installation 2,600.00 x 1.32 x 1.1040 3,788.93
Open Cut&Side Walk
Contractor's Price Proposal-Detail Page 6 of 8
2/22/2021
• •
Contractor's Price Proposal - Detail Continues..
Work Order Number: 088398.00
Work Order Title: City of Round Rock-South Creek AC Rehab
Site Work
71 02 41 19 13 0058 0030 For Each Additional Pass(Depth To 3"),Add $0.00
Quantity Unit Price Factor Total
Installation 0.00 x 0.47 x 1,1040 0.00
72 03 31 13 00 0035 CY Up To 6",By Direct Chute,Place 3,000 PSI Concrete Slab On Grade $10,723.43
Quantity Unit Price Factor Total
Installation 75.00 x 129.51 x 1.1040 10,723.43
Thrust Blocking
73 11 68 13 00 1689 EA ADA Wide Ramp 16808 $4,687.63
Quantity Unit Price Factor Total
Installation 100 x 4,246.04 x 1,1040 - 4,687.63
74 32 16 13 16 0009 EA Sidewalk/Curb Steel Facing,Pedestrian Ramps,Two Drops Per Section $147.74
Quantity Unit Price Factor Total
Installation 100 x 133.82 x 1.1040 - 147.74
Subtotal for Site Work $185,150.71
SWPPP
75 31 25 14 26 0003 LF 2'High Silt Fence with Stakes at 4'On Center $1,302.72
Quantity Unit Price Factor Total
Installation 1,000.00 x 1.18 x 1.1040 1,302.72
76 31 25 14 26 0028 EA Wattles(Sterile Straw Filled Rolls),12"x 20' $1,672.34
Quantity Unit Price Factor Total
Installation 20,00 x 75.74 x 1.1040 1,672.34
Subtotal for SWPPP $2,975.06
TCP
77 01 11 11 15 1000 LS Traffic Control Plan Engineer Signed&Sealed $3,312.00
Quantity Unit Price Factor Total
NPP Installation 1.00 x 3,000.00 x 1.1040 3,312.00
78 01 22 20 00 0053 HR Flagperson For Traffic Control $11,914,37
Quantity Unit Price Factor Total
Installation 400.00 x 26.98 x 1.1040 11,914.37
Subtotal for TCP $15,226.37
WC
79 33 11 13 13 0020 EA 6"Mechanical Joint Ductile Iron 90 Degree Elbow $322.15
Quantity Unit Price Factor Total
Installation 1.00 x 291.80 x 1.1040 322.15
80 33 11 13 13 0021 EA 8"Mechanical Joint Ductile Iron 90 Degree Elbow $455.75
Quantity Unit Price Factor Total
Installation 100 x 412.82 x 1.1040 455.75
81 33 11 13 13 0035 EA 6"Mechanical Joint Ductile Iron 45 Degree Elbow $270.04
Quantity Unit Price Factor Total
Installation 100 x 244.60 x 1.1040 - 270.04
82 33 11 13 13 0036 EA 8"Mechanical Joint Ductile Iron 45 Degree Elbow $380.99
Quantity Unit Price Factor Total
Installation 100 x 345.10 x 1.1040 380.99
Offsets
Contractor's Price Proposal-Detail Page 7 of 8
2/22/2021
Contractor's Price Proposal - Detail Continues..
Work Order Number: 088398.00
Work Order Title: City of Round Rock-South Creek AC Rehab
WC
83 33 11 13 13 0107 EA 6"x 6"Mechanical Joint Ductile Iron Tee $12,141.79
Quantity Unit Price Factor Total
Installation 26.00 x 423.00 x 1.1040 12,141.79
84 33 11 13 13 0109 EA 8"x 6"Mechanical Joint Ductile Iron Tee $9,190.93
Quantity Unit Price Factor Total
Installation 16.00 x 520.32 x 1.1040 9,190.93
85 33 11 13 13 0110 EA 8"x 8"Mechanical Joint Ductile Iron Tee $10,902.22
Quantity Unit Price Factor Total
Installation 16.00 x 617.20 x 1.1040 - 10,902.22
86 33 11 13 13 0301 EA 8"x 8"Mechanical Joint Ductile Iron Cross $747.15
Quantity Unit Price Factor Total
Installation 100 x 676.77 x 1.1040 747.15
87 33 11 13 13 0443 EA 8"Mechanical Joint Ductile Iron Caps $572.05
Quantity Unit Price Factor Total
Installation 2.00 x 259.08 x 1.1040 - 572.05
88 33 11 13 13 0488 EA 8"Mechanical Joint Ductile Iron Long Sleeves $3,376.25
Quantity Unit Price Factor Total
Installation 6.00 x 509.70 x 1.1040 3,376.25
89 33 11 13 13 0504 EA 8"Mechanical Joint Gland,Gasket,T-Head Bolts And Nutsincludes six(6)3/4" $5,153.47
diameter plain finish Boltss with nut.
Quantity Unit Price Factor Total
Installation 150.00 x 31.12 x 1.1040 - 5,153.47
90 33 11 13 13 0544 EA 6"Mechanical Joint Restraints For Ductile Iron Pipe(Megalug 1100) $96,364.30
Quantity Unit Price Factor Total
Installation 350.00 x 249.39 x 1,1040 96,364.30
91 33 11 13 13 0545 EA 8"Mechanical Joint Restraints For Ductile Iron Pipe(Megalug 1100) $54,055.15
Quantity Unit Price Factor Total
Installation 150.00 x 326.42 x 1.1040 - 54,055.15
92 33 11 13 13 1036 EA 8 HYMAX LONG BODY COUP 8.54-9.84 $2,390.85
Quantity Unit Price Factor Total
NPP Installation 5.00 X 478.17 x 1.0000 - 2,390.85
93 33 11 13 13 1037 EA 6 HYMAX LONG BODY COUP 8.54-9.84 $14,367.90
Quantity Unit Price Factor Total
NPP Installation 20.00 X 650.72 x 1.1040 = 14,367.90
94 33 11 13 13 1038 EA 12 OS HYMAX LB COUP 13.15-14.41 $713.20
Quantity Unit Price Factor Total
NPP Installation 1.00 x 646.01 x 1.1040 = 713.20
Subtotal for WC $211,404.19
Proposal Total $1,697,337.50
This total represents the correct total for the proposal. Any discrepancy between line totals,
sub-totals and the proposal total is due to rounding.
The Percentage of NPP on this Proposal: 21.95%
Contractor's Price Proposal-Detail Page 8 of 8
2/22/2021
GOPOIAN
Subcontractor Listing
Date: February 22,2021
Re: IQC Master Contract#: 520-16 Area G-SKE
Work Order#: 066398.00
Owner PO#:
Title: City of Round Rock-South Creek AC Rehab
Contractor: SKE Construction,LLC
Proposal Value: $1,697,337.50
Name of Contractor Duties Amount
No Subcontractors have been $0.00 0 00
selected for this Work Order L::
Subcontractor Listing Page 1 of 1
2/22/2021
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CERTIFICATE OF INTERESTED PARTIES
FORM 1295
1 0f 1
Complete Nos.1-4 and 6 if there are interested parties. OFFICE USE ONLY
Complete Nos.1,2,3,5,and 6 if there are no interested parties. CERTIFICATION OF FILING
1 Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number:
of business. 2021-725633
SKE Construction,LLC
Cypress,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 03/10/2021
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.
000000 South Creek AC Rehab
City of Round Rock-South Creek AC Rehabilitation of Waterlines
4 Nature of interest
Name of Interested Party City,State,Country(place of business) (check applicable)
Controlling I Intermediary
5 Check only if there is NO Interested Party.
X
I
6 UNSWORN DECLARATION �w '}
My address is t5BQ t* Y X 0W► F; L3 , 4 192 MA
(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 10fty of * ,20&1
(year)
i
Signa re f authorized agent of contracting bu iness entity
(Declarant)
Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.1.ceffd98a
CERTIFICATE OF INTERESTED PARTIES
FORM 1295
1 of 1
7-7
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. 2021-725633
SKE Construction, LLC
Cypress,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 03/10/2021
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.
000000 South Creek AC Rehab
City of Round Rock-South Creek AC Rehabilitation of Waterlines
4 Nature of interest
Name of Interested Party City,State,Country(place of business) (check applicable)
Controlling Intermediary
5 Check only if there is NO Interested Party. ❑
X
6 UNSWORN DECLARATION
My name is and my date of birth is
My address is
(street) (city) (state) (zip code) (country)
I declare under penalty of perjury that the foregoing is true and correct.
Executed in County, State of on the day of ,20
(month) (year)
Signature of authorized agent of contracting business entity
(Declarant)
Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.1.ceffd98a