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Contract - Act Global Americas Inc. - 9/9/2021 V2O2mI -Z4~! BID COPY/ORIGINAL CITY OF ROUND ROCK Parks & Recreation Department Tr ROUND ROCK TEXAS Project Manual For: Buck Egger - Turf Replacement Project 2021 July 2021 Prepared By: Rachel Morris, R.L.A. Q��,ar'°sc,� `L 'yo9�'y APPROVED 360$ +ma • Cr ' ... F NEV �a�J. l ��1 � '1�23�2�� I ..�. TBPE Firm Registration No • Buck Egger - Turf Replacement Project 2021 TABLE OF CONTENTS Section Description No. of Pages 00020 Notice to Bidders 1 00100 Instructions to Bidders 4 Exhibit A 1 00200 Bid Bond 2 00300 Bid Form 2 00410 Statement of Bidder's Safety Experience 1 -- 00500 Agreement 5 00600 Insurance& Construction Bond Forms Performance & Payment Bond Instructions 1 Insurance Instructions 1 --- 00610 Performance Bond 2 00620 Payment Bond 2 00650 Certificate of Liability Insurance 1 00700 General Conditions 41 00800 Supplemental General Conditions 2 00900 Special Conditions 5 01000 Technical Specifications 4 Synthetic Turf Specifications 11 4.3 02000 Plans, Details and Notes 1 Exhibit A - Buck Egger Turf Replacement Project 8-2016 Table of Contents 00090665 [N.mmwe.,.vasd83 1 Nuv�•�e�nnx F+�aa•wo�o�..mwnu+ re�cN,o-�vac�al diNnk NOTICE TO BIDDERS Pursuant to the provisions of Texas Government Code, Section 2269.101, it is the intention of the City of Round Rock to select a prime contractor by using the Competitive Bidding Method for the construction of the Buck Egger—Turf Replacement Project 2021 as generally described herein. Sealed bids addressed to Rachel Morris, City of Round Rock, Parks & Recreation Department, 221 East Main Street,Round Rock,Texas 78664, for furnishing all labor,material,and equipment and performing all work required for the project titled, Buck Egger — Turf Replacement Project 2021 (project includes the removal and replacement of a 15,000 square foot synthetic turf system; preparation of existing subsurface; any necessary repairs to existing MEI underdrain system; and legal disposal of demolished materials), will be received until Tuesday, August 10th, at 11:00 a.m., then publicly opened and read aloud at the same address. Bid envelopes shall state the date and time of bid and "Buck Egger—Turf Replacement Project 2021." Bids must also be accompanied by a"Statement of Bidder's Safety Experience" included in Section 410 of the Project Manual. No bids may be withdrawn after the scheduled opening time. Any bids received after the scheduled bid opening time will be returned unopened. Bids must be submitted on City of Round Rock bid forms and must be accompanied by an acceptable bid security as outlined in the Instructions to Bidders, payable to the City of Round Rock, Texas, equal to five percent(5%) of the total bid amount. Plans, Bid Forms, Specifications, and Instructions to Bidders may be obtained at roundrocktexas.gov/solicitations. Bidders shall be responsible for printing or obtaining prints of the aforementioned documents as necessary. For questions, please contact the City's Project Manager, Rachel Morris, at (512) 341-3375 or rmorris@roundrocktexas.gov. All questions regarding the project must be submitted by Friday, August 6th at 11:00 a.m. In case of ambiguity, duplication, or obscurity in the bids,the City of Round Rock reserves the right to construe the meaning thereof. The City of Round Rock further reserves the right to reject any or all bids and to waive any informalities and irregularities in the bids received. MIMMi The successful bidder will be expected to execute the City of Round Rock's standard AIMcontract and to furnish performance and payment bonds, all as described in the bid documents. Contractors and subcontractors shall pay to laborers,workmen,and mechanics the prevailing wage rates as determined by the City of Round Rock. A MANDATORY Pre-Bid Conference will be held in Buck Egger Park at 900 South Mays Street, Round Rock, Texas 78664, on Wednesday, August 4th, at 11:00 a.m. Publish Dates: Austin American Statesman: MIN July 24, 2021 July 31, 2021 00020 03-2021 Notice to Bidders 00193093 Page 1 ��uaavig AGLNONNasaPPVN 1 ' �Nuvw+aa�mc�c �$Wy>JoNNNNVVR °fnTN&E^ s7y �RNa,a,a,a�amNwd4a «'n f',vN i'f17J(y I [g f ffoldsr�mmmN]ryM1$� ��WxNNNw••vy[y0 M NMI INSTRUCTIONS TO BIDDERS 1. Prior to submitting any bid, bidders are required to read all drawings (plans), specifications, and all other Project Manual and/or Contract Documents carefully; to inform themselves by IMM their independent research, test and investigation of the difficulties to be encountered and judge for themselves of the accessibility of the Work and all attending circumstances affecting the cost of doing the Work and the time required for its completion and obtain all information required to make a bid.The aforementioned documents may only be obtained from the City's website at the following web address: roundrocktexas.gov/solicitations. Bidders shall be responsible for printing or obtaining prints of the aforementioned documents as necessary. 2. Should the bidder find discrepancies in, or omissions from the drawings (plans), 011111 specifications, or other Project Manual and/or Contract Documents, or should he be in doubt as to their meaning, he should notify at once the City and obtain clarification or addendum prior to submitting any bid. Any addenda issued will be posted with the documents at the web address mentioned in 1 above no later than two business days prior to the Bid Opening Date. Prior to submitting a bid, the bidder is responsible for determining if any addenda have been issued and for following any instructions required in any addenda issued. swift 3. It shall be the responsibility of the bidder to see that his bid is received at the place and time named in the Notice to Bidders in the Project Manual. Bids received after the AIM scheduled opening time will be returned unopened. 4. Bids shall be submitted in sealed envelopes plainly marked "Sealed Bid" and showing the name of the project, the job number if applicable, and the opening date and time. 5. Bidders shall be responsible for submitting a copy of the City's Bid Form, Bid Bond Form, and Statement of Bidder's Safety Experience from the Project Manual documents posted at the web address as described in 1 above. AIM 6. Bids shall be accompanied by a bid security consisting of a certified cashier's check in an amount not less than five percent (5%) of the total maximum bid price, payable without recourse to the City of Round Rock, or a bid bond in the same amount from a reliable surety �` company, as a guarantee that the bidder will enter into a contract and execute performance and payment bonds,as stipulated by item 16 below,within ten(10)days after notice of award of contract to him. Bid securities must be submitted in the same sealed envelope with the bid. Bids submitted without a bid security may not be considered at the sole discretion of the City. Page 1 00100 2-2021 Instructions to Bidders r` 00426487 aniNt 7. If awarded the bid, bidder must submit Form 1295 on the Texas Ethics Commission (TEC) Website at https://www.ethics.state.tx.us/whatsnew/elf info form1295.htm and submit the signed Form 1295 to the City Clerk at swhite ar,roundrocktexas.gov within ten (10) business days of notification of the award. Instructions for completing a Form 1295 are attached as Exhibit"A" to the Instructions to Bidders. 8. No conditional bids will be accepted. 4- 9. A bidder wishing to withdraw his submitted sealed bid prior to the scheduled bid opening time must do so by presenting in person a written request signed by an authorized representative of the bidder to a City employee at the location for which sealed bids are to be addressed. No telephone, facsimile, or email requests will be accepted. The City will expend the time and effort that the City in its sole discretion determines is necessary to investigate the authenticity of a request before complying with a request. The City shall in its sole discretion determine if the City will comply with a request and the City shall not be held liable for not complying with a request. If the City does not comply with a request, the request shall automatically become null and void. 10. A bidder wishing to revise his sealed bid after submittal but before the scheduled bid opening time must first withdraw his bid as provided for in the Instructions to Bidders and then submit AIM a sealed bid in accordance with the Instructions to Bidders. No revisions to a bid will be allowed after the scheduled bid opening time. The bidder shall be responsible for ensuring the amount of the bid security is as specified in the Instructions to Bidders. 11. All bid securities will be returned to the respective bidders within twenty-five(25)days after bids are opened, except those which the City elects to hold until the successful bidder has executed the Agreement. Thereafter, all remaining securities, including security of the successful bidder,will be returned within sixty (60) days. MIMI 12. Until the award of the contract, the City reserves the right to reject any and all bids and to waive technicalities; to advertise for new bids; or to do the work otherwise when the best interest of the City will be thereby promoted. 13. In case of ambiguity or lack of clarity in the statement of prices in the bids,the City reserves the right to consider the most favorable analysis thereof, or to reject the bid. Unreasonable and/or unbalanced prices submitted in a bid may result in rejection of such bid or other bids. 14. Award of the contract, if awarded, will be made based upon the criteria set forth in Section —� 2269.055 of the Texas Government Code. In determining the award of a contract under Chapter 2269, the City may consider; 1) the price; 2) the bidder's experience; 3) the quality of the bidder's goods or services;4)the impact on the ability of the City to comply with rules relating to historically underutilized business; 5) the bidder's safety record; 6) the bidder's proposed personnel; 7)whether the bidder's financial capability is appropriate to the size and scope of the project;and 8)any other relevant factor specifically listed in the request for bids. 1111111 Page 2 00100 2-2021 Instructions to Bidders 00426487 min 15. Award of the contract, if awarded, will be made within sixty (60) days after opening of the bids, and no bidder may withdraw his bid within said sixty (60) day period of time unless a prior award is made.A Notice to Proceed will be issued within sixty (60)days after contract Execution Date as defined in the General Conditions. 16. Within ten(10)days after written notification of award of the contract,the successful bidder must furnish a performance bond and a payment bond in the amount of one hundred percent (100%) of the total Contract Amount. Said performance bond and payment bond shall be from an approved surety company holding a permit from the State of Texas, indicating it is authorized and admitted to write surety bonds in this state. In the event the bond exceeds $100,000.00, the surety must also (1) hold a certificate of authority from the United States secretary of the treasury to qualify as a surety on obligations permitted or required under federal law; or(2)have obtained reinsurance for any liability in excess of$100,000.00 from a reinsurer that is authorized and admitted as a reinsurer in this state and is the holder of a certificate of authority from the United States secretary of the treasury to qualify as a surety or reinsurer on obligations permitted or required under federal law. In determining whether the surety or reinsurer holds a valid certificate of authority,the City may rely on the list of companies holding certificates of authority as published in the Federal Register covering the date on which the bond is to be executed. 17. Failure to execute the Agreement within ten (10) days of written notification of award or failure to furnish the performance bond and payment bond as required by item 15 above, shall be just cause for the annulment of the award. In case of annulment of the award,the bid security shall become the property of the City, not as a penalty, but as liquidated damages. 18. No contract shall be binding upon the City until it has been signed by its Mayor after having been duly authorized to do so by the City Council. 19. The Contractor shall not commence Work under the Agreement until he has furnished certification of all insurance required and such has been approved by the City, nor shall the Contractor allow any Subcontractor to commence work on his subcontract until proof of all similar insurance that is required of the subcontractor has been furnished and approved. The Contractor's insurer shall use the certificate of insurance form included in the bid documents or the standard ACORD form. 20. If the bidder's insurance company is authorized, pursuant to its agreement with bidder, to arrange for the replacement of a loss, rather than by making a cash payment directly to the City, the insurance company must furnish or have furnished by bidder, a performance bond in accordance with Section 2253.021(b), Texas Government Code, and a payment bond in accordance with Section 2253.021(c). 21. Any quantities given in any portion of the Bid Documents, including the drawings (plans), are estimates only, and the actual amount of work required may differ somewhat from the Page 3 00100 22O21 Instructions to Bidders 00426487 estimates. The basis for payment shall be the actual amount of work done and/or material furnished as specified in the General Conditions. 22. Bids shall be submitted on a separated contract basis. No Texas sales tax shall be included in the prices bid for materials consumed or incorporated into the Work.This contract is issued by an organization which is qualified for exemption pursuant to the provisions of Section 151.309(5) of the Texas Tax Code. The City will issue an exemption certificate to the Contractor. The Contractor must then issue a resale certificate to the material supplier for materials purchased. The Contractor must have a valid sales tax permit in order to issue a resale certificate. Upon obtaining consumable materials, the Contractor will issue a resale certificate in lieu of payment of sales tax, and the following conditions shall be observed; 1) The Contractor will transfer title of consumable, but not incorporated, materials to the City at the time and point of receipt by the Contractor; 2) The Contractor will be paid for these consumable materials by the City as soon as practicable.Payment will not be made directly but considered subsidiary to the pertinent bid item. The Contractor's monthly estimate will state that the estimate includes consumables that were received during the month covered by the estimate; and 3) The designated representative of the City must be notified as soon as possible of the receipt of these materials so that an inspection can be made by the representative.Where practical,the materials will be labeled as the property of the City. 23. The Contractor, after execution of the contract and pursuant to Internal Revenue Service fa" (IRS)(IRS) regulations, shall furnish its Taxpayer Identification Number (TIN) to the City. The Contractor shall provide the appropriate information on a W-9 form (which can be provided by the City upon request). This form shall be submitted directly to the City's Accounts Payable Department to ensure security of the information. 24. If the Bid Form includes Add and/or Deduct Alternate bid items and/or otherwise provides for Alternate bids,the City will determine whether to select or not select one or more of the Add and/or Deduct Alternate bid items and/or Alternate bids at the City's sole discretion and for its greatest advantage. If the City selects any Add and/or Deduct Alternate bid items,the total bid amount will be determined by adding the amount of the selected Add Alternates) to, and deducting the amount of the selected Deduct Alternates) from the Base Bid or the selected Alternate bid. Page 4 00100 2-2021 Instructions to Bidders 00426487 AIM EXHIBIT "A" FORM 1295 INSTRUCTIONS Pursuant to Section 2252.90 of the Texas Government Code, as of January 1, 2016, any business entity entering into a contract with a local government that requires approval of the governing body must submit a disclosure of — interested parties (Form 1295)to the local governmental prior to the execution of the contract. The Texas Ethics Commission (TEC) has created an electronic filing application for business entities to submit the required information and generate the required form. The City of Round Rock may not enter into a contract that .. requires the approval of the City Council until the business entity files a Form 1295 with the City Clerk. Please follow the instructions below to file your Form 1295 with the TEC and the City of Round Rock: ,... • Upon being notified of a bid award, the award recipient("business entity")must go to the following website: https://www.ethics.state.tx.us/filinginfo/1295/and follow the login instructions on the website application to complete a Form 1295. ✓ If this is a business entity's first time logging on to the website application,the business entity must create a Username and Password and then follow the application's instructions to complete a Form 1295. ✓ The City does not have a Contract ID Number System. Please insert 000000 and the project name in this box. Do not put the resolution number of the initial agreement if this is a supplemental agreement-only put the project name. ✓ Even if a business entity has no interested parties, Form 1295 still must be completed using the website application and filed with the City Clerk. Please note that there are very few instances that a business will not have any interested parties. Visit the TEC's FAQ page for the definition of an interested party. ✓ If a business is publicly traded, they are exempt from having to complete a Form 1295. Please e-mail the City Clerk stating such. • The business entity MUST print and sign the completed Form 1295 once it has been accepted by the TEC and no longer has DRAFT stamped on it. ✓ The signed Form 1295 must be scanned and e-mailed directly to the City Clerk at swhitegroundrocktexas.gov as soon as it is completed. DO NOT send the form back to the Purchasing Department, Project Manager, or mail it with signed original agreements/contracts. ✓ The City Clerk only has 30 days from receipt to acknowledge the form in the TEC system. If you do not return it to the City Clerk promptly, and the 30 days has expired when she receives it,you WILL have to complete another one. • A new Form 1295 must be done for each contract a business entity enters into with the City, including Supplementals, Amendments, and Change Orders. • A Form 1295 cannot be handwritten. It must be completed electronically through the TEC website application. If you have any questions regarding the process of filing of Form 1295 with the City, please contact: Sara White, City Clerk Phone: (512)218-5404 E-mail: swhitegroundrocktexas.gov If you have questions regarding the actual form or the online filing application, please visit the TEC's FAQ page: https://www.ethics.state.tx.us/resources/FAQs/FAQ_Form1295.php Revised 8/2020 1waa+Paw•arw•kv. r .mwva•rq 'S f'fff'/'/tr'fi•I}' }1'I'P•i'i•S!if 11�� delmwr�.nrpiq.s Y•f•i•'�en.n�r'Ptf d^]NVNNV^ 4111111111. ttr'• MUIR s DocumentA31OT -. 2O1O 2010 .•. Bid Bond CON TRACTOR: SURETY! (Name, le.'ga,.tilclf,'i,V coo titi.rrt'.vs'r arum., legal status rlirc1 i►ri)rc•ipaf Act Global Americas, Inc. r�hrrsrnes;SJ 4201 W Parmer Lane,Ste B-175 The Gray Insurance Company ADDITIONS AND DELETIONS; Austin, TX 78727 P.O. Box 6202 Thr)author of this ci;:c,,rrn�:•l ha:; Metairie, LA 70009-6202 addod information r.►lecf:d for its IIPJER: cort piPttc,tt The author also O �.'��r�,•�', t+c',Kt1t■tit�i�trs•and tlticrli='c.Li City of Round Rock, Texas hate revisoci trio text of toe criginat 221 East Main Street .1-V s?nndard tom).Ar Aficf.; ;i �,•,,r Round Rock, TX 78664 of...oetioriz Repcsa that notes added BOND AMOUNT:S Five Percent of the Greatest Amount Bid (5% GAB) Ir'tor"'r't n will as r''w'$i�'r`s to=.hr, standard farm text is amiable from PROJECT: the author Find h i;irl ho rPt•'ie.v.. .A ■�'c)l7li'■ il�:•trli{�rr(;r irr r�+�.�.and{'iYa'�eCt ritllr�h.�r, !�•erir'tt'j Vertical line in the lee margin of this ritY'u rTt far i iritj l a;arty;Wh n rr t h.F•ri u t t~,nr r as added ne:e!ssary inr0rr'lattcm Buck Egger-Turf Replacement Project 2021 zn,'i►•,h�rF to F..�Inr:�rh. s tided t��r deleted fro-' the crigina Alr\text. t't�rrtrtt.'tor and Surely;irehcurrrt�to lilt. }t.viicr in ihc■amount set forth above, list theThis c:t`Giiriell has,T�nrX�r)t Ieest conSPcUrcesf MAN) marpayment of which the(:Qntrrcltr and Surety hilt themselves, heirs,executor`, adminrstrato:s.successors and assigns.jointly and:�•�-L7�t1C4+as provided herein Thy �Ittor;•t y is e,-rLoR,ra cry with respect conditions ol'this Bond are such that if the Owner a.2cept. the hid of the_Contractor with,rn t its co ripi�►tic��or�icrurf cation the time:specified in the bid documents,or within such time portal as may be agreed to by Anysin9r:t��r-�f►titwrtt:�to Corttractcr the O%.ner t C`c urd 'rrtr le?:rr,aim the Coil ti a 1oc either(1)enk rs hire)ii c:o}tr tr41 Wills am; Surety.Owner or. 'her party shalt er in aci.oi-ciarwc with time terms ruf such hid,and gives such bond t•rr•kinds as max'he considerer cmrr-a'wnFr' s:li r r e specified itt the bidding cr( untract 1k.►cttrnents,with a surety atioiitted in the jurisdiction of'the Project arid r. herwic;;acceptable to the Owner. liar the raithtrrl perfcrr•manee of such Contract and 1 r the prompt payment of labor and numitil I•tirrrkiieti in the prosecution t1: reat;or(2)pays to the Owner the,dill rcrice,not to eNcced ille amount of this between the amount specified in said hid and such larger amount for which the Owner may it tIocrd faith contract with ano ltcr•party to per1 >r•m the work covered 1w said bid,then this 011112,:ti(n shall be null and ti,tip;I,titlier�tifise II.remain in full force anti elicet. I he Surety he■rc,_w tutees any triplet`of an agreement lu14Nvert tlheOwritr-atrtl C:rrritra;irrr to extend lice time:in which the Owner may accept the hid. Waiver of notice bythe Surety shall- 14.)1.a ! all aljpl, to err v zxtensivn exceeding i xty(60)day in the a •rebate beyond the time for cit.bids gpec.•ified in the bid documents,and the()wwner and('ctntra:.tur 1,101 the Surety's consent for an extenqicin beyond 'd Iy t MI)days. I!'th s Bernd is issued in corincnction with a subcontractor's hit{to a Contractor.the tcrrri C'ontracior in this Bunt!shall bin deemed 11_1 lie SuheuitiraLttir anti tilt•term Owner~Ball he deemed to he t c'n tractor. When this Bond h::.s been tit:nished to comply with a statutory or other legal rectttirern rot ill the I tic it ion attic Nrojc.•ct,any pr-e_rc.rist on in l i ri s Bond con 11 ii.l in with said star r_rt►wy-or leinat regitirenient shall he deemed deleted lie:ct niii and provisions con f-,r ming to slid; 1.atutory or other 1cga1 requirement~gall he deemed incor crated herein. �h �r , p We 3:ct Ii.rni.•he•;.l,the intent is that Brig Band shall he construed as a statutes y bend:rri,.i nog as a • coi1trtton law bond. • init. AM Document A310LM—2010 Copyrl 67,i%3,1'370 anc 2O C by TheA■rrericanrr.stit.rtc of Arc 'n►..■,., g erveti■WARNING:This t`s _....__.. hi�^�- Ail rights cos �A t'io�tar*tent t' t opyrrtht t aw sod kite rrr.3ci si Treatce!e re,prc4ur.ztorr n:eirrttrttrr;1mo Of trek AIk' r,.:IMIN►. or..iv pert■in of it, , s rot►.�~mere civil and r.r»i4Jt naitte%,and will br;prospeciewrtr tc the maximum.extant ros'rktit,t�ndrr the lAw.This d:•�.rr on!was prcduced b; 1 �• CIA S'Trw.i•E•at 11 1 or 11;15t2913.isle-Ou'.er No.77 e, ,!■or 1 w■'ch expires an 1?.f1 i'2113,and is net knr resale User Notes: (17433/sr.?1: Wliorwn Instimme Scrvices- V THE^�'^�'`.�-'' .'St RETV..''- +.. GENERAL POWER OF ATTORNEY ~~ KNOW ALL BY TMESE PR ESENTS.'nIAT The Gmy Insurance Company and"Ile Gray Casualty&Surety Company.corp)rations dul incipa organized and existing undcr the laws of 1,ouisiana,and having their pr* I offim in Metairi Louisiana,do hcrcby make,constitute.and ~^ point Jim C.AVh0r1kM,aN"ael Whorton,Raquel A-lartinez,T Mulanoz,Jeremy Farque,and Rose Lopez of Ausdn,Texas Jointly and severally on behalf of ewh of the Companies named above ks true and lawful Attorne Is to malp obv te &-h M 0 0 y( in-wFac Slual dd IWO% ar.flor and on behalf and as itq deed.bonds,or other wrifinac obfivwtory inithe naturc of a bond,as surety.contracts of suretyship&s are or may he-rcquireJ or ev-10 %W1 to pc itted by law,rcgulation,contract or otherwisc.provided that no bond or undcrtaking or contract of suret I shal I exceed the mnount—''—.... y up cxecuted under this authont) This.,- '^~"^,'^`.' '�.`, `...'�^``^^^` f,.^''`'.`''^`'^'`,`'/ Directom''^''`' Gray`'''''`'^^'^`^'`'''`'�-'',� u,,,�.,^"`. ' Com'= ings duly called and held on the 261h day of -- `a..,r_that the'=;'.Executive Vice'res"'` Vice`'~'"''~^''^'+'"-''^'``'`=�^/~ ``''''`'``'`~`i`' the in`~�``''a^~.`,°^,r*''..(—,.,~ ''```'-``'`'^` -''�^'`''`'`''/`^'`�'�''~'`~'`^`','^t,,_..A'ttomcy,^' to~``h`^~`....,``"`..^...` FURTHER RESOLVFD,that the signature of such officcrs and the scal of the Com an ma be affixed to any SUC owcr of Attome or to an 1 0-141 P y y -'W19 h P y y certificatc relafing themto by facs13111fle.and any such Power of Att certir ()MCY leatc bearing such facsimile signature or facsimile seal shall be d 9 bindin upon the Company now and in the future w hen affix—''—'°'``^---^'�``""x'`^`' ^ to which . IN WITNESS WIIEREOF,Ile Gray Insu '.`,,`^»`,, Companyhave`.m``,''.``~''`'` '"`''`''-^''`'''';''`,`''.''`^',.i 0 Septcmbcr,2011. ``'_,`^'' . `,,'----` �. ZZJLL . By Michael-G^. A`,`' ,.,. Mangum) ' `... .. President,^'�.t,�~.�.,� � S. .�. S,,. ++ and Sccretary, ^ Vice.°^` The r._,`�.`~,/ State�~``, The',```,.��'.��` The m,'�".��,�.,_ p� SS:`'.'^`.,.',^ On this 12th day of September,2011 before me,a Notary Public,personally appeamd Michael T.Gmy,President of The Gray Insurance Com panv and Vice President of Tbc G Casualty&Surety Company,and Mark S.Manguno,Sccrctaty of The G Insurance Company and The Gray Casualty&Surety Company,personally known to me,bem'" g duly swom,ac e 0 of affixed.,,'.`''^^..```.�`.,``.^'``. . /'`"..~`"m knowl - " `` ,`d th ''`'untary'�-`-'`�ed the above �..`.—....° . . .of their companies, '``Millar,Notary Public,Parish of Orleans . '''. Statc of Louisilma .` ` — ''.,`~`'.`.`,.' .Mark`^^"``'```'''.^..',.''.ns^.'' forgoing''.'~`.`.`.. ``,,.—.__Company and Ile..."`~.'_'- + '`~`^ `~ , Attornc''.`...�,.`.',`.``'h,'�``.'force^` . '. . IN',,.../`:,.^'`.=,..'~~`.`,''~�'`,'.' 9th dayof August,202~—.,/- ' . - .`.. ;Poo``-^LSE L Mark S.Manguno The Gray Insurance Company The Gray Casualty&Surety . ' ' � 9th SiLonttl„nc�;�.,�I�cl thik (iv of' August,2021 Act Global Americas, Inc. rt�acitry iiti Pr t•'i,�a i MIN The Gray Insurance Company ,11;:os (t'ifilen) Tom Mulanax —_(Title) . emy Farque ,Attorney In Fact .111 • SEIM s init AIA Cocumant A31 0,w—2010.Copyright C 1963,1970 2 1C O l y The A^rwican tr-stii.tte of Archde All rights received.WAR ..�. is pttt6�'tcd tjy'U.S.Cclivtit}tit t..awanzi International T'F;t�iFt>3 Unautharir .�!reproduction orci�strit «,, ,f this Al t. rt. s py A�Ior.ion of_A,nt tr y result irr bevel*civil and cturrir:.c'Nrrrsoilirrr a maximumr.a►tci trill lAt prosecuted to tmaximumer.tvnt iu iible uttclt�r t! law..This c t msr t was prc c l 2i %,l�ti.scttv.•aro at t•:1S:5,ai t 115:2013 under Order Nc.5?25038 "R I which ecires en 12i!1020'3 arm is not for•os3 e udups L-y Usvr stoles: - fiNNa•NN N fl fli ivnbsa+a•� � LP'I fr»n/••f li�frf NV�yaµH� BID FORM PROJECT NAME: Buck Egger- Turf Replacement Project 2021 --- PROJECT LOCATION: Round Rock, Texas OWNER: City of Round Rock, Texas DATE: July 2021 Pursuant to the foregoing Notice to Bidders and Instructions to Bidders, the undersigned bidder hereby proposes to do all the Work, to furnish all necessary superintendence, labor, machinery, equipment, tools, materials, insurance and miscellaneous items,to complete all the Work on which he bids as provided by the attached Bid Documents, and as shown on the plans for the construction of Buck Egger-Turf Replacement Project 2021 and binds himself on acceptance of this bid to execute the Agreement and bond for completing said Work within the time stated, for the following prices, to wit: Any addenda issued will be posted with the Project Manual and/or Contract Documents on the City's website at roundrocktexas.gov/solicitations by the close of business on Friday,August 6th . Prior to submitting a bid, the bidder is responsible for determining if any addenda have been issued and for following any instructions in any addenda issued. Bidder acknowledges receipt of the following Addenda by listing Addendum "number" and "date". Addendum#1 August 6, 2021 BASE BID Bid Approx. Item Description Item Quantity Unit and Written Unit Price Unit Price Amount 1 1 LS Removal and Replacement of existing $103,309.00 15,000 Sqft Slit-Film Synthetic Turf System, including preparation of existing subsurface;any necessary repairs to existing underdrain system;and legal disposal of demolished materials, complete in place per plans and specs for One Hundred Three Thousand Three Hundred Nine dollars and zero cents. TOTAL BASE BID: $103,309.00 STATEMENT OF SEPARATE CHARGES: Materials: $77,752.00 All Other Charges: $25,557.00 * Total: $103,309.00 * Note: This total must be the same amount as shown above for"Total Base Bid" 00300-9-2015 Page 1 of 3 Bid Form ADD ALTERNATE BID -. Bid Approx. Item Description Item Quantity Unit and Written Unit Price Unit Price Amount 1 1 LS Add/Deduct to replace existing turf $2,010 15,000 Sqft with a Dual-Fiber Synthetic Turf System, complete in place per plans and specs ... for two thousand ten dollars and zero cents. TOTAL ADD ALTERNATE BID: $2,010.00 STATEMENT OF SEPARATE CHARGES: Materials: $2,010.00 All Other Charges: N/A * Total: $2,010.00 * Note: This total must be the same amount as shown above for"Total Add Alternate Bid" BASE BID $103,309.00 ADD ALTERNATE BID $2,010.00 TOTAL $105,319.00 If this bid is accepted, the undersigned agrees to execute the Agreement and provide necessary bonds and insurance certification as per the Instructions to Bidders. The undersigned certifies that the bid prices contained in the bid have been carefully checked and are .,,. submitted as correct and final. The Owner reserves the right to reject any or all bids and may waive any informalities or technicalities. Respectfully Submyed, , 77",„ Signature 4201 West Parmer Lane Suite B175 Mark Weightman Austin, TX 78727 Print Name Address Vice President 512-733-5300 Title Telephone Act Global Americas,Inc Name of Firm 8/10/2021 Date Secretary, if Bidder is a Corporation IMINI AIM MOW 41111 00200-9-2015 Page 3 of 3 Bid Form 00410 STATEMENT OF BIDDER'S SAFETY EXPERIENCE Page 1 00410 8-2014 Statement of Bidder's Safety Experience 00090654 Solicitation Requirements, Contract Forms & Conditions of Contract Statement of Bidder's Safety Experience Section 00410 --- Bidder must submit a signed Statement of Bidder's Safety Experience form with his Bid; failure to do so will constitute an incomplete Bid that may be rejected. In order to make a responsive Bid, Bidder must provide evidence that it meets minimum OSHA construction safety program �• requirements, has not been fined by OSHA for any willful safety violations in the past three years, and has a lost time injury rate that doesn't exceed the limits established below. All questions must be answered and data given must be clear and comprehensive. If necessary, .__ questions may be answered on separate attached sheets. Company Name: Act Global Americas, Inc. Address: 4201 West Parmer Lane Suite B 175 Phone: 512-733-5300 Completed by: Mark Weightman Date: 08/10/2021 1. Does the company have a written construction Safety program? [ jYes ❑No 2. Does the company conduct construction safety inspections? OYes No 3. Does the company have an active construction safety-training program? ElYes ❑No 4. Has the company been fined by OSHA for any willful safety violations in the past DYes ✓�No three years? ,..,, 5. Does the company have a lost time injury rate of 7.8 for SIC 15,or 7.6 for SIC 16, DYes El No or less over the past three years? Attach the company's OSHA 200/300 logs for the past three years. 6. Does the company or affected subcontractors have competent persons in the following Areas? A. Scaffolding DYes No IZ1N/A B. Excavation ❑✓ Yes ONo ON/A --- C. Cranes DYes t?JNo ❑N/A D. Electrical DYes ONo EZI N/A E. Fall Protection DYes No ❑✓ N/A F. Confined Spaces DYes ONo ON/A I hereby certify that the above information is true and correct. %' ! /�► Vice President �., Signature � / /� �: Title Page 1 00410 8-2014 Statement of Bidder's Safety Experience 00090654 _l SNA Y 1'ffnlAyM4�Vfsf MIMMi 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 -' dayof 60'Mtin the year 20 4. r BETWEEN the Owner: City of Round Rock,Texas(hereafter"Owner"or"City") 221 East Main Street Round Rock,Texas 78664 .� and the Contractor Act Global Americas,Inc. ("Contractor") SIM The Project is described as: Buck Egger-Turf Replacement Project 2021 The Engineer is: CORR PARD For and in consideration of the mutual terms, conditions and covenants of this Agreement and all MID 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 MEI 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, 41.111 either written or oral.An enumeration of the Contract Documents,other than Modifications,appears in Article 7. ARTICLE 2 THE WORK OF THIS CONTRACT Contractor shall fully execute the Work described in the Contract Documents,except to the extent specifically indicated in the Contract Documents to be the responsibility of others. 00500 4-2020 Page 1 of 5 Standard Form of Agreement 00443647 ARTICLE 3 DATE OF COMMENCEMENT;DATE OF SUBSTANTIAL COMPLETION;DATE OF FINAL COMPLETION 3.1 The date of commencement of the Work shall be the date of this Agreement unless a different date is stated below or provision is made for the date to be fixed in a Notice to Proceed issued by Owner. 3.2 The Contract Time shall be measured from the date delineated in the Notice to Proceed. 3.3 Contractor shall commence Work within ten ( 10 ) calendar days en, from the date delineated in the Notice to Proceed. 3.4 Contractor shall achieve Substantial Completion of the items of Work listed on Attachment A to this Agreement no later than forty-five ( 45 )calendar days from issuance by Owner of Notice to Proceed, and Contractor shall achieve Substantial Completion of the entire Work no later than sixty ( )calendar days from issuance by Owner of Notice to Proceed,subject to adjustments of this Contract Time as provided in the Contract Documents. 3.5 If Contractor fails to achieve Substantial Completion of the Work(or any portion thereof)on or before the date(s)specified for Substantial Completion in the Agreement,Contractor shall pay to Owner,as liquidated damages, the sum of Five Hundred and No/100 Dollars($ 500.00 )for each calendar day that Substantial Completion is delayed after the date(s) specified for Substantial Completion. It is hereby agreed that the liquidated damages to which Owner is entitled hereunder are a reasonable forecast of just compensation for the harm that would be caused by Contractor's failure to achieve Substantial Completion of the Work(or any portion thereof)on or before the date(s)specified for Substantial Completion in the Agreement and is not a penalty. It is agreed that the harm that would be caused by such failure, which includes loss of expected use of the Project areas,provision of alternative storage facilities and rescheduling of moving and occupancy dates,is one that is incapable or very difficult of accurate estimation.It is hereby agreed that if Substantial Completion of the Work(or any portion thereof)is not achieved on or before thirty(30)days after the date(s) specified for Substantial Completion in the Agreement, the Owner shall have the option to either collect liquidated damages as set forth herein or to thereafter rely on its remedies under the Contract Documents and at law and in equity, including without limitation, the recovery of actual damages. The date(s) specified for Substantial Completion of the Work(or any portion thereof)in the Agreement shall be subject to adjustment as provided in the Contract Documents. 3.6 Contractor shall achieve Final Completion of the entire Work no later than sixty 60 )calendar days from issuance by Owner of Notice to Proceed. ARTICLE 4 CONTRACT SUM 4.1 Owner shall pay Contractor the Contract Sum in current funds for Contractor's full and complete performance of the Work and all of Contractor's obligations under this Agreement. The Contract Sum shall be One Hundred Five Thousand,Three Hundred Nineteen and 00/100 Dollars Felait ($ 105,319.00 ),subject to additions and deductions as provided in the Contract Documents. 4.2 Does the Contract Sum include alternates which are described in the Bid Form? No . Yes X .Ifyes,please provide details below: Add Alternate#1 00500 4-2020 Page 2 Of 5 Standard Form of Agreement 00443647 ARTICLE 5 PAYMENTS 5.1 PROGRESS PAYMENTS 5.1.1 Based upon Applications for Payment submitted to Engineer and Owner by Contractor,and Certificates for Payment issued by Engineer and not disputed by Owner and/or Owner's lender,Owner shall make progress payments --- on account of the Contract Sum to Contractor as provided below, in Article 14 of the General Conditions, and elsewhere in the Contract Documents. 5.1.2 The period covered by each Application for Payment shall be one calendar month ending on the last day of the month. 5.1.3 Provided that an Application for Payment is received by Engineer and Owner, and Engineer issues a Certificate of Payment not later than the tenth(loth) day of a month,Owner shall make payment to Contractor of amounts approved by the Owner not later than the tenth(loth)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 TERNIINATION OR SUSPENSION 6.1 The Contract may be terminated by Owner or Contractor as provided in Article 15 of the General Conditions. 00500 42O20 Page 3 of 5 Standard Form of Agreement 00443647 6.2 The Work may be suspended by Owner as provided in Article 15 of the General Conditions. ARTICLE 7 ENUMERATION OF CONTRACT DOCUMENTS 7.1 The Contract Documents,except for Modifications issued after execution of this Agreement,are enumerated as follows: 7.1.1 The Agreement is this executed version of the City of Round Rock, Texas Standard Form of Agreement between Owner and Contractor,as modified. mat, 7.1.2 The General Conditions are the "City of Round Rock Contract Forms 00700," General Conditions, as modified. 7.1.3 The Supplementary,Special,and other Conditions of the Contract are those contained in the Project Manual dated July 2021 romM 7.1.4 The Specifications are those contained in the Project Manual dated July 2021 7.1.5 The Drawings,if any,are those contained in the Project Manual dated July 2021 7.1.6 The Insurance&Construction Bond Forms of the Contract are those contained in the Project Manual dated July 2021 7.1.7 The Notice to Bidders,Instructions to Bidders,Bid Form,and Addenda,if any,are those contained in the Project Manual dated July 2021 7.1.8 If this Agreement covers construction involving federal funds, thereby requiring inclusion of mandated v u� contract clauses, such federally required clauses are those contained in the "City of Round Rock Contract Forms 03000,"Federally Required Contract Clauses,as modified. 7.1.9 Other documents,if any,forming part of the Contract Documents are as follows: .,N. N/A ARTICLE 8 MISCELLANEOUS PROVISIONS ow" 8.1 Where reference is made in this Agreement to a provision of any document, the reference refers to that provision as amended or supplemented by other provisions of the Contract Documents. dW 8.2 Owner's representative is: Rachel Morris,R.L.A. Park Development Specialist 301 W.Bagdad Ave,Ste.250 Round Rock,78664 (512)341-3375 8.3 Contractor's representative is: Mark Weightman Vice President 4201 W.Palmer Ln,Ste.B175 Austin,TX 78727 ton (512)733-5300 8.4 Neither Owner's nor Contractor's representative shall be changed without ten(10)days'written notice to the other party. 00500 4-2020 Page 4 of 5 Standard Form of Agreement 00443647 8.5 Waiver of any breach of this Agreement shall not constitute waiver of any subsequent breach. 8.6 Owner agrees to pay Contractor from available funds for satisfactory performance of this Agreement in accordance with the bid or proposal submitted therefor,subject to proper additions and deductions,all as provided in the General Conditions, Supplemental Conditions, and Special Conditions of this Agreement, and Owner agrees to make payments on account thereof as provided therein. Lack of funds shall render this Agreement null and void to arm 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 ROUND RO E :S ACT GLOBAL AMERIc S, C. 14--.- .r►. PirA\g-) /,/,/401,' Printed Name: ►».'1 . cc,AI;1,1 i a�. ,r IS Printed Name: M4y 1 Title S Title: /' e_ �`�S�l' Date Signed: 10 Date Signed: ,//Vc::%'10e,(' ATTEST: 4(7toi, City Clerk FOR C TY APPROVED A TO FORM: . 411111i / �• City Atto' ey 00500 4-2020 Page 5 of 5 Standard Form of Agreement 00443647 00600 INSURANCE AND CONSTRUCTION BOND FORMS AIM lank IMINi AIM 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. alnk - 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. .116 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 4111111 Carriers can be used.Below are the guidelines: a. Insurance Company does not have to be"licensed in Texas",but they do have to be"elijiible for a Texas license." Please verify with the Texas Dept of Insurance Website:http://www.tdi.state.tx.us/.—Company Lookup b. Policy has to be written by licensed surplus lines Agent. Also verify with the Texas Dept of Insurance Website:http://www.tdi.state.tx.us/-Agent Lookup 4. TYPES OF INSURANCE COVERAGE— CONSTRUCTION CONTRACT: Please double check the General Conditions and the Supplemental General Conditions for the types and amounts of insurance required. The Supplemental General Conditions usually state the following: �— a. Business Automobile Liability Insurance b. Workers' Compensation and Employers' Liability Insurance c. Commercial General Liability Insurance d. Builders' Risk Innsurance— (Generally required for all "vertical" construction. Check with Project Manager for requirements.) FOR ALL OTHER CONTRACTS, PLEASE REFER TO THE INSURANCE SECTION FOR TYPE OF INSURANCE REQUIRED. (For example Engineering Service Contracts usually require "professional liability insurance") 5. EFFECTIVE DATE & EXPIRATION DATE Please make sure dates are current. 6. City of Round Rock must be listed on the Certificate of Insurance as an additional insured (except Workers Compensation and Builders Risk). 7. Certificate must indicate that the insurance Company must give the City of Round Rock notice of any changes, cancellation , etc. at least thirty (30)days prior to date of change. 8. Make sure Certificate is signed by an Agent Licensed in the State of Texas, this can also be found on the Texas Department of Insurance website—www.tdi.state.tx.us—Agent Lookup. Bond#: GSC0400033 IMO — PERFORMANCE BOND THE STATE OF TEXAS § § KNOW ALL BY THESE PRESENTS: COUNTY OF WILLIAMSONIMMII § That Act Global Americas, Inc. , of the City of Austin County of Travis , and State of Texas , as Principal, and The Gray Insurance Company authorized under the law of the State of Texas to act as surety on bonds for principals, are held and firmly bound unto the CITY OF ROUND ROCK, TEXAS (Owner), in the penal sum of One Hundred Five Thousand, Three Hundred Nineteen and 00/100 Dollars ($ 105,319.00 ) 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 dayof b , 20 tito which the A reement is referred to g hereby and made a part hereof as fully and to the same extent as if copied at length herein consisting of: Buck Egger- Turf Replacement Project 2021 IMMII 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 Bond#:GSC0400033 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 MID 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 $105,319.00 sum of this Performance Bond, plus all costs and expenses, including attorney's fees and expert and consultant fees incurred by Owner to enforce its rights under this Performance Bond. IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this 6th day of October , 20 21 . Act Global Americas, Inc. The Gray Insurance Company Principal Surety Mark Weightman Rose Lopez Printed Name Printed N e By: By: Title: Operations Manager Title: Attorney In Fact Address: 4201 W Parmer Ln, Ste B175 Address: P.O. Box 6202 Austin, TX 78727 Metairie, LA 70009-6202 Resident Agent of Surety: Sig ature Tom Mulanax Printed Name 11200 Jollyville Rd. Street Address Austin, TX 78759 City, State & Zip Code Page 2 00610 4-2020 Performance Bond 00443639 AM. Bond#: GSC0400033 PAYMENT BOND 111.1 THE STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF WILLIAMSON § That Act Global Americas, Inc. , of the City of Austin — County of Travis , and State of Texas , as Principal, and The Gray Insurance Company authorized under the laws of the State of Texas to act as Surety on Bonds for Principals,are held and firmly bound unto the CITY OF ROUND ROCK, TEXAS (OWNER), and all subcontractors, workers, laborers, mechanics and suppliers as their interest may appear, all of whom shall have the right to sue upon this bond, in the penal sum of One Hundred Five Thousand, Three Hundred Nineteen Dollar and Zero Cents Dollars($ 105,319.00 ) 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 24p day of6.1„4.--dt20 to which A reement is referred to g hereby and made a part hereof as fully and to the same extent as if copied at length herein consisting of: Buck Egger- Turf Replacement Project 2021 — NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall well and truly pay all subcontractors, workers, laborers, mechanics, and suppliers, all monies to them owing by said Principals for subcontracts, work, labor,equipment, supplies and materials done and furnished for the construction of the improvements of said Agreement, then this obligation shall be and become null and void; otherwise to remain in full force and effect. PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Chapter 2253, Texas Government Code, as amended, and all liabilities on this bond shall be determined in accordance with the provisions of said Chapter 2253 to the same extent as if it were copied at length herein. Page 1 00620 04-2020 Payment Bond 00437699 Bond#: GSC0400033 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 6th day of October , 20 21 . Act Global Americas, Inc. The Gray Insurance Company Principal Surety Mark Weightman Rose Lopez Printed Name Printed Name By: By: Title: Operations Manager Title: Attorney In Fact Address: 4201 W Parmer Ln, Ste B17 Address: P.O. Box 6202 Austin, TX 78727 Metairie, LA 70009-6202 Resident Agent of Surety: r I Signtuttl Tom Mulanax Printed Name 11200 Jollyville Rd. Street Address Austin, TX 78727 City, State & Zip Code Page 2 00620 1-2020 Payment Bond 00090656 Whorton Insurance Services ..., THE GRAY INSURANCE COMPANY THE GRAY CASUALTY&SURETY COMPANY GENERAL POWER OF ATTORNEY KNOW ALL BY THESE PRESENTS,THAT The Gray Insurance Company and The Gray Casualty&Surety Company,corporations duly organized and existing under the laws of Louisiana,and having their principal offices in Metairie,Louisiana,do hereby make,constitute,and .,.,, appoint Jim C.Whorton,Michael Whorton,Raquel Martinez,Tom Mulanaz,Jeremy Farque,and Rose Lopez of Austin,Texas jointly and severally on behalf of each of the Companies named above its true and lawful Attorney(s)-in-Fact,to make,execute,seal and deliver,for and on its behalf and as its deed,bonds,or other writings obligatory in the nature of a bond,as surety,contracts of suretyship as are or may be required or permitted by law,regulation,contract or otherwise,provided that no bond or undertaking or contract of suretyship executed under this authority shall exceed the amount of$10,000,000.00. This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of Directors of both The Gray Insurance Company and The Gray Casualty& Surety Company at meetings duly called and held on the 26th day of June,2003. din "RESOLVED,that the President,Executive Vice President,any Vice President,or the Secretary be and each or any of them hereby is authorized to execute a power of Attorney qualifying the attorney named in the given Power of Attorney to execute on behalf of the Company bonds, undertakings,and all contracts of surety,and that each or any of them is hereby authorized to attest to the execution of such Power of Attorney,and •,, to attach the seal of the Company;and it is FURTHER RESOLVED,that the signature of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile,and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be binding upon the Company now and in the future when so affixed with regard to any bond,undertaking or contract of surety to which it is attached. IN WITNESS WI IEREOF,The Gray Insurance Company and The Gray Casualty&Surety Company have caused their official seals to be hereinto affixed,and these presents to be signed by their authorized officers this 12th day of September,2011. suRAko 0/44#4•11.' 7‘4,40 0„Ar ao 012Ad4 444"1000**°4 . Michael T.Gray MIS SEAL By: President,The Gray Insurance Company Attest: Mark S.Manguno SEAL y �' and Secretary, The Gray Insurance Company, * Vice President, The Gray Casualty&Surety Company The Gray Casualty&Surety Company i State of Louisiana ss: Parish of Jefferson On this 12th day of September,2011,before me,a Notary Public,personally appeared Michael T.Gray,President of The Gray Insurance Company i and Vice President of The Gray Casualty&Surety Company,and Mark S.Manguno,Secretary of The Gray Insurance Company and The Gray Casualty&Surety Company,personally known to me,being duly sworn,acknowledged that they signed the above Power of Attorney and affixed the seals of the companies as officers of,and acknowledged said instrument to be the voluntary act and deed,of their companies. b',s•Mid z* fi4 *1 ,tM Lisa S.Millar,Notary Public,Parish of Orleans State of Louisiana Or`o/P� My Commission is for Life I,Mark S.Manguno,Secretary of The Gray Insurance Company and The Gray Casualty&Surety Company,do hereby certify that the above and forgoing is a true and correct copy of a Power of Attorney given by the companies,which is still in full force and effect. IN WITNESS WHEREOF,I have set my hand and affixed the seals of the Companies,this 6th day of October,2021 RAkO itJ*`SY 80 01404 SEAL I SEA • Mark S.Manguno,Secretary "' - The Gray Insurance Company * * The Gray Casualty&Surety Company THE lEe1.1 IRAY SURETY The Gray Insurance Company The Gray Casualty&Surety Company Statutory Complaint Notice To obtain information or to make a complaint: You may contact the Surety via telephone for information or to make a complaint at: 1-504- 754-6711. You may also write to the Surety at: Gray Surety P.O. Box 6202 Metairie, LA 70009-6202 You may also contact the Texas Department of Insurance to obtain information on companies, coverage, rights or complaints at 1-800-252-3439. You may write to the Texas Department of Insurance at: P.O. Box 149104 Austin, TX 78714-9104 Fax: 512-475-1771 PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim, you should contact the Surety first. If the dispute is not resolved, you may contact the Texas Department of Insurance. ATTACH THIS NOTICE TO YOUR POLICY: This notice is for information only and does not become part of condition of the attached document. This notice is written under a complete reservation of rights. Nothing herein shall be deemed to be an estoppel, waiver or modification of any of Gray's rights or defenses, and Gray hereby reserves all of its rights and defenses under any general agreement of indemnity, contracts, agreements, bonds, or applicable law. ..---• '�,..., A��o CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 10/19/2021 l.,,., THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. p....., IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Amy Miller NAME: . STARR-MATHEWS AGENCY (A/PHONE o EM): (706)629-4441 (A/C,No): (706)629-3631 108 North Court St. E-MAIL amiller@starrmathews.com ADDRESS: P.O.BOX 188 INSURER(S)AFFORDING COVERAGE NAIC# Calhoun GA 30703-0188 INSURER WestAmerican Insurance Co 44393 "..! INSURED INSURER B OhioSecurityinsuranceCo 24082 Act Global Americas,Inc. INSURER c: Ohio Casualty Insurance Co 24074 INSURER o: Cincinnati Insurance Companies 10677 P....! 4201 West Parmer Lane Suite B175 INSURER E: Evanston Insurance Company 35378 Austin TX 78727 INSURER F COVERAGES CERTIFICATE NUMBER: 2021-22 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 i..i INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL'SUBR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSD_WVD POLICY NUMBER (MM/DDIYYYY) (MM/DDIYYYY) LIMITS � X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS-MADE pi OCCUR PREMISESO(Ea occurrence) $RENTED 300000 MED EXP(Any one person) $ 1 5,000 A Y BKW57135451 03/01/2021 03/01/2022 PERSONAL&ADV INJURY $ 1,000,000 ~ GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2000000 POLICY ri PRO- ri LOC PRODUCTS-COMP/OPAGG $ 2,000,000 JECT OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 _._.. (Ea accident) ANY AUTO BODILY INJURY(Per person) $ B OWNED X 2.1-rigULED Y BAS57135451 03/01/2021 03/01/2022 BODILY INJURY(Per accident) $ AUTOS ONLY XHIRED X NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY (Per accident) --- Medical payments $ 5,000 - , X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 10,000,000 C EXCESS LIAB CLAIMS-MADE Y US057135451 03/01/2021 03/01/2022 AGGREGATE $ 10,000,000 Pl.. DED X RETENTION$ 10,000 $ WORKERS COMPENSATION X STATUTE OTH- ER AND EMPLOYERS'LIABILITY Y/N 1,000,000 B ANY PROPRIETOR/PARTNER/EXECUTIVE pl NIA XWS57135451 03/01/2021 03/01/2022 E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under 10 ,cx 000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ , Excess Liability D EXSO481671 03/01/2021 03/01/2022 Limit 5,000,000 DESCRIPTION OF OPERATIONS(LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Project:Buck Egger Park Insurer E:Excess Liability,Policy Number:MKLV2EUEI 01068;Effective Date:3/19/2021-3/19/2022;Each Occurrence Limit:$10,000,000;General Aggregate Limit:$10,000,000 "" Policy Forms:(GL)CG 88 10 04 13-Commercial General Liability Extension; CG 88 70 12 08-Comstruction Project(s)-General Aggregate Limit(Per Project);(AUTO)AC 85 01 06 18-Business Auto Coverage Enhancement Endorsement; (WC)WC 00 03 13-Waiver of Our Right to Recover From Others Endorsement;(UMB)CU 60 02 06 97-Commercial Umbrella Coverage Form;CU 64 95 12 07-Waiver of Transfer of Rights of Recovery Against Others CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN City of Round Rock,Texas ACCORDANCE WITH THE POLICY PROVISIONS. 221 E Main Street AUTHORIZED REPRESENTATIVE Round Rock TX 78664 6"\.:,/,../Z--. ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD COMMERCIAL GENERAL LIABILITY CG88 100413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ,.., COMMERCIAL GENERAL LIABILITY EXTENSION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART INDEX SUBJECT PAGE NON-OWNED AIRCRAFT 2 NON-OWNED WATERCRAFT 2 PROPERTY DAMAGE LIABILITY -ELEVATORS 2 EXTENDED DAMAGE TO PROPERTY RENTED TO YOU (Tenant's Property Damage) 2 MEDICAL PAYMENTS EXTENSION 3 EXTENSION OF SUPPLEMENTARY PAYMENTS -COVERAGES A AND B 3 ADDITIONAL INSUREDS -BY CONTRACT, AGREEMENT OR PERMIT 3 PRIMARY AND NON-CONTRIBUTORY- ADDITIONAL INSURED EXTENSION 5 ADDITIONAL INSUREDS -EXTENDED PROTECTION OF YOUR "LIMITS OF INSURANCE" 6 WHO IS AN INSURED -INCIDENTAL MEDICAL ERRORS/MALPRACTICE AND WHO IS AN INSURED -FELLOW EMPLOYEE EXTENSION -MANAGEMENT EMPLOYEES 6 NEWLY FORMED OR ADDITIONALLY ACQUIRED ENTITIES 7 FAILURE TO DISCLOSE HAZARDS AND PRIOR OCCURRENCES 7 KNOWLEDGE OF OCCURRENCE, OFFENSE,CLAIM OR SUIT 7 LIBERALIZATION CLAUSE 7 BODILY INJURY REDEFINED 7 EXTENDED PROPERTY DAMAGE 8 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US - 8 WHEN REQUIRED IN A CONTRACT OR AGREEMENT WITH YOU 2013 Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. Page 1 Of 8 With respect to coverage afforded by this endorsement, the provisions of the policy apply unless modified by the endorsement. A. NON-OWNED AIRCRAFT ,^ Under Paragraph 2. Exclusions of Section I - Coverage A - Bodily Injury And Property Damage Liability, exclusion g.Aircraft, Auto Or Watercraft does not apply to an aircraft provided: 1. It is not owned by any insured; 2. It is hired, chartered or loaned with a trained paid crew; 3. The pilot in command holds a currently effective certificate, issued by the duly constituted authority of the United States of America or Canada, designating her or him a commercial or airline pilot; and 4. It is not being used to carry persons or property for a charge. � However, the insurance afforded by this provision does not apply if there is available to the insured other valid and collectible insurance, whether primary, excess (other than insurance written to apply specifically in excess of this policy), contingent or on any other basis, that would also apply to the loss covered under Ems= this provision. 7-7 B. NON-OWNED WATERCRAFT Under Paragraph 2. Exclusions of Section I-Coverage A-Bodily Injury And Property Damage Liability, Subparagraph (2) of exclusion g.Aircraft, Auto Or Watercraft is replaced by the following: N= w= This exclusion does not apply to: (2) A watercraft you do not own that is: (a) Less than 52 feet long; and o (b) Not being used to carry persons or property for a charge. C. PROPERTY DAMAGE LIABILITY-ELEVATORS 1. Under Paragraph 2. Exclusions of Section I -Coverage A - Bodily Injury And Property Damage Liabil- ity, Subparagraphs (3), (4) and (6) of exclusion J. Damage To Property do not apply if such "property damage" results from the use of elevators. For the purpose of this provision, elevators do not include vehicle lifts. Vehicle lifts are lifts or hoists used in automobile service or repair operations. 2. The following is added to Section IV - Commercial General Liability Conditions, Condition 4. Other Insurance, Paragraph b. Excess Insurance: The insurance afforded by this provision of this endorsement is excess over any property insurance, whether primary, excess, contingent or on any other basis. �-, D. EXTENDED DAMAGE TO PROPERTY RENTED TO YOU (Tenant's Property Damage) If Damage To Premises Rented To You is not otherwise excluded from this Coverage Part: 1. Under Paragraph 2. Exclusions of Section I-Coverage A-Bodily Injury and Property Damage Liability: a. The fourth from the last paragraph of exclusion j. Damage To Property is replaced by the follow- ing: Paragraphs (1), (3) and (4) of this exclusion do not apply to "property damage" (other than damage by fire, lightning, explosion, smoke, or leakage from an automatic fire protection system) to: (I) Premises rented to you for a period of 7 or fewer consecutive days; or (ii) Contents that you rent or lease as part of a premises rental or lease agreement for a period of more than 7 days. Paragraphs (1), (3) and (4) of this exclusion do not apply to "property damage" to contents of premises rented to you for a period of 7 or fewer consecutive days. A separate limit of insurance applies to this coverage as described in Section III - Limits of Insurance. 2013 Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. Page 2 of 8 b. The last paragraph of subsection 2. Exclusions is replaced by the following: Exclusions c. through n. do not apply to damage by fire, lightning, explosion, smoke or leakage from automatic fire protection systems to premises while rented to you or temporarily occupied by you with permission of the owner. A separate limit of insurance applies to Damage To Premises Rented To You as described in Section III -Limits Of Insurance. 2. Paragraph 6. under Section III -Limits Of Insurance is replaced by the following: 6. Subject to Paragraph 5. above, the Damage To Premises Rented To You Limit is the most we will pay under Coverage A for damages because of "property damage" to: a. Any one premise: (1) While rented to you; or (2) While rented to you or temporarily occupied by you with permission of the owner for damage by fire, lightning, explosion, smoke or leakage from automatic protection sys- tems; or b. Contents that you rent or lease as part of a premises rental or lease agreement. 3. As regards coverage provided by this provision D. EXTENDED DAMAGE TO PROPERTY RENTED TO YOU (Tenant's Property Damage) - Paragraph 9.a. of Definitions is replaced with the following: 9.a. A contract for a lease of premises. However, that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire, lightning, explosion, smoke, or leakage from automatic fire protection systems to premises while rented to you or temporarily occupied by you with the permission of the owner, or for damage to contents of such premises that are included in your premises rental or lease agreement, is not an "insured contract". E. MEDICAL PAYMENTS EXTENSION If Coverage C Medical Payments is not otherwise excluded, the Medical Payments provided by this policy are amended as follows: Under Paragraph 1. Insuring Agreement of Section I - Coverage C - Medical Payments, Subparagraph (b) of Paragraph a. is replaced by the following: (b) The expenses are incurred and reported within three years of the date of the accident; and F. EXTENSION OF SUPPLEMENTARY PAYMENTS -COVERAGES A AND B 1. Under Supplementary Payments -Coverages A and B, Paragraph 1.b. is replaced by the following: b. Up to $3,000 for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to furnish these bonds. 2. Paragraph 1.d. is replaced by the following: d. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or "suit", including actual loss of earnings up to $500 a day because of time off from work. G. ADDITIONAL INSUREDS -BY CONTRACT, AGREEMENT OR PERMIT 1. Paragraph 2. under Section II -Who Is An Insured is amended to include as an insured any person or organization whom you have agreed to add as an additional insured in a written contract, written agreement or permit. Such person or organization is an additional insured but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused in whole or in part by: a. Your acts or omissions, or the acts or omissions of those acting on your behalf, in the performance of your on going operations for the additional insured that are the subject of the written contract or written agreement provided that the "bodily injury" or "property damage" occurs, or the "per- sonal and advertising injury" is committed, subsequent to the signing of such written contract or written agreement; or © 2013 Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. Page 3 of 8 b. Premises or facilities rented by you or used by you; or c. The maintenance, operation or use by you of equipment rented or leased to you by such person or organization; or d. Operations performed by you or on your behalf for which the state or political subdivision has issued a permit subject to the following additional provisions: (1) This insurance does not apply to "bodily injury", "property damage", or "personal and ad- vertising injury" arising out of the operations performed for the state or political subdivision; (2) This insurance does not apply to "bodily injury" or "property damage" included within the "completed operations hazard". (3) Insurance applies to premises you own, rent, or control but only with respect to the following hazards: (a) The existence, maintenance, repair, construction, erection, or removal of advertising .__ = signs, awnings, canopies, cellar entrances, coal holes, driveways, manholes, marquees c hoist away openings, sidewalk vaults, street banners, or decorations and similar expo- sures; or (b) The construction, erection, or removal of elevators; or - (c) The ownership, maintenance, or use of any elevators covered by this insurance. However: tin 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insur- ance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. With respect to Paragraph l.a. above, a person's or organization's status as an additional insured under this endorsement ends when: (1) All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or (2) That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. With respect to Paragraph 1.b. above, a person's or organization's status as an additional insured under this endorsement ends when their written contract or written agreement with you for such premises or facilities ends. With respects to Paragraph 1.c. above, this insurance does not apply to any "occurrence" which takes place after the equipment rental or lease agreement has expired or you have returned such equipment to the lessor. The insurance provided by this endorsement applies only if the written contract or written agreement is signed prior to the "bodily injury" or"property damage". We have no duty to defend an additional insured under this endorsement until we receive written notice of a "suit" by the additional insured as required in Paragraph b. of Condition 2. Duties In th Event Of Occurrence, Offense, Claim Or Suit under Section IV -Commercial General Liability Condi- tions. 0 2013 Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. Page 4 of 8 2. With respect to the insurance provided by this endorsement, the following are added to Paragraph 2. Exclusions under Section I -Coverage A-Bodily Injury And Property Damage Liability: This insurance does not apply to: a. "Bodily injury" or "property damage" arising from the sole negligence of the additional insured. b. "Bodily injury" or "property damage" that occurs prior to you commencing operations at the location where such "bodily injury" or "property damage" occurs. c. "Bodily injury", "property damage" or "personal and advertising injury" arising out of the render- ing of, or the failure to render, any professional architectural, engineering or surveying services, including: (1) The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or (2) Supervisory, inspection, architectural or engineering activities. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occur- rence" which caused the "bodily injury" or "property damage", or the offense which caused the "personal and advertising injury", involved the rendering of, or the failure to render, any professional architectural, engineering or surveying services. d. "Bodily injury" or "property damage" occurring after: (1) All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or (2) That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. e. Any person or organization specifically designated as an additional insured for ongoing operations by a separate ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS endorsement is- sued by us and made a part of this policy. 3. With respect to the insurance afforded to these additional insureds, the following is added to Section III -Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: a. Required by the contract or agreement; or b. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. N This endorsement shall not increase the applicable Limits of Insurance shown in the Declaratio ns. H. PRIMARY AND NON-CONTRIBUTORY ADDITIONAL INSURED EXTENSION This provision applies to any person or organization who qualifies as an additional insured under any form or endorsement under this policy. Condition 4. Other Insurance of SECTION IV -COMMERCIAL GENERAL LIABILITY CONDITIONS is amend- ed as follows: a. The following is added to Paragraph a. Primary Insurance: If an additional insured's policy has an Other Insurance provision making its policy excess, and you have agreed in a written contract or written agreement to provide the additional insured coverage on a primary and noncontributory basis, this policy shall be primary and we will not seek contribution from the additional insured's policy for damages we cover. © 2013 Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. Page 5 of 8 b. The following is added to Paragraph b. Excess Insurance: When a written contract or written agreement, other than a premises lease, facilities rental contract or agreement, an equipment rental or lease contract or agreement, or permit issued by a state or political subdivision between you and an additional insured does not require this insurance to be primary or ma, primary and non-contributory, this insurance is excess over any other insurance for which the addi- tional insured is designated as a Named Insured. Regardless of the written agreement between you and an additional insured, this insurance is excess ,., over any other insurance whether primary, excess, contingent or on any other basis for which the additional insured has been added as an additional insured on other policies. m= I. ADDITIONAL INSUREDS -EXTENDED PROTECTION OF YOUR "LIMITS OF INSURANCE" This provision applies to any person or organization who qualifies as an additional insured under any form or endorsement under this policy. I 7, E 1. The following is added to Condition 2. Duties In The Event Of Occurrence, Offense, Claim or Suit: An additional insured under this endorsement will as soon as practicable: fa! a. Give written notice of an "occurrence" or an offense that may result in a claim or"suit" under o � this insurance to us; b. Tender the defense and indemnity of any claim or "suit" to all insurers whom also have �-, mem!! insurance available to the additional insured; and c. Agree to make available any other insurance which the additional insured has for a loss we cover under this Coverage Part. d. We have no duty to defend or indemnify an additional insured under this endorsement until we receive written notice of a"suit" by the additional insured. 2. The limits of insurance applicable to the additional insured are those specified in a written contract or written agreement or the limits of insurance as stated in the Declarations of this policy and defined in Section III - Limits of Insurance of this policy, whichever are less. These limits are inclusive of and not in addition to the limits of insurance available under this policy. "m..! J. WHO IS AN INSURED -INCIDENTAL MEDICAL ERRORS/MALPRACTICE WHO IS AN INSURED -FELLOW EMPLOYEE EXTENSION -MANAGEMENT EMPLOYEES Paragraph 2.a.(1) of Section II-Who Is An Insured is replaced with the following: (1) "Bodily injury" or"personal and advertising injury": (a) To you, to your partners or members (if you are a partnership or joint venture), to your members (if you are a limited liability company), to a co-"employee" while in the course of his or her employ- ment or performing duties related to the conduct of your business, or to your other "volunteer ° workers" while performing duties related to the conduct of your business; (b) To the spouse, child, parent, brother or sister of that co-"employee" or "volunteer worker' as a consequence of Paragraph (1)(a) above; (c) For which there is any obligation to share damages with or repay someone else who must pay damages because of the injury described in Paragraphs (1) (a) or(b) above; or (d) Arising out of his or her providing or failing to provide professional health care services. However if you are not in the business of providing professional health care services or providing profes- sional health care personnel to others, or if coverage for providing professional health care ser- vices is not otherwise excluded by separate endorsement, this provision (Paragraph (d)) does not apply. Paragraphs (a) and (b) above do not apply to "bodily injury" or"personal and advertising injury" caused by an "employee" who is acting in a supervisory capacity for you. Supervisory capacity as used herein means the "employee's" job responsibilities assigned by you, includes the direct supervision of other "employ- ees" of yours. However, none of these "employees" are insureds for "bodily injury" or "personal and 2013 Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. Page 6 of 8 advertising injury" arising out of their willful conduct, which is defined as the purposeful or willful intent to cause "bodily injury" or "personal and advertising injury", or caused in whole or in part by their intoxica- s—, by liquor or controlled substances. The coverage provided by provision J. is excess over any other valid and collectable insurance available to your "employee". K. NEWLY FORMED OR ADDITIONALLY ACQUIRED ENTITIES Paragraph 3.of Section II-Who Is An Insured is replaced by the following: 3. Any organization you newly acquire or form and over which you maintain ownership or majority interest, will qualify as a Named Insured if there is no other similar insurance available to that organization. However: a. Coverage under this provision is afforded only until the expiration of the policy period in which the entity was acquired or formed by you; b. Coverage A does not apply to "bodily injury" or "property damage" that occurred before you acquired or formed the organization; and c. Coverage B does not apply to "personal and advertising injury" arising out of an offense committed before you acquired or formed the organization. d. Records and descriptions of operations must be maintained by the first Named Insured. No person or organization is an insured with respect to the conduct of any current or past partnership, joint venture or limited liability company that is not shown as a Named Insured in the Declarations or qualifies as an insured under this provision. L. FAILURE TO DISCLOSE HAZARDS AND PRIOR OCCURRENCES Under Section IV -Commercial General Liability Conditions, the following is added to Condition 6. Repre- sentations: Your failure to disclose all hazards or prior "occurrences" existing as of the inception date of the policy shall not prejudice the coverage afforded by this policy provided such failure to disclose all hazards or prior "occurrences" is not intentional. M. KNOWLEDGE OF OCCURRENCE, OFFENSE,CLAIM OR SUIT Under Section IV -Commercial General Liability Conditions, the following is added to Condition 2. Duties In The Event of Occurrence, Offense, Claim Or Suit: „MP, Knowledge of an "occurrence", offense, claim or "suit" by an agent, servant or "employee" of any insured shall not in itself constitute knowledge of the insured unless an insured listed under Paragraph 1. of Section II -Who Is An Insured or a person who has been designated by them to receive reports of "occurrences", offenses, claims or "suits" shall have received such notice from the agent, servant or "employee". N. LIBERALIZATION CLAUSE If we revise this Commercial General Liability Extension Endorsement to provide more coverage without additional premium charge, your policy will automatically provide the coverage as of the day the revision is effective in your state. O. BODILY INJURY REDEFINED Under Section V-Definitions, Definition 3. is replaced by the following: 3. "Bodily Injury" means physical injury, sickness or disease sustained by a person. This includes mental anguish, mental injury, shock, fright or death that results from such physical injury, sick- ness or disease. @ 2013 Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. Page 7 of 8 P. EXTENDED PROPERTY DAMAGE Exclusion a. of COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY is replaced by the following: a. Expected Or Intended Injury "Bodily injury" or "property damage" expected or intended from the standpoint of the insured. This exclusion does not apply to "bodily injury" or "property damage" resulting from the use of reasonable force to protect persons or property. Q. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US - WHEN REQUIRED IN A CONTRACT OR AGREEMENT WITH YOU - Under Section IV - Commercial General Liability Conditions, the following is added to Condition 8. Trans- = fer Of Rights Of Recovery Against Others To Us: We waive any right of recovery we may have against a person or organization because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a .' _ contract with that person or organization and included in the "products-completed operations hazard" provided: 1. You and that person or organization have agreed in writing in a contract or agreement that you waive such rights against that person or organization; and N 2. The injury or damage occurs subsequent to the execution of the written contract or written agree- _ ment. 0 0 N O © 2013 Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. Page 8 of 8 COMMERCIAL AUTO AC 85 01 06 18 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BUSINESS AUTO COVERAGE ENHANCEMENT ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM With respect to coverage afforded by this endorsement, the provisions of the policy apply unless modified by the endorsement. If the policy to which this endorsement is attached also contains a Business Auto Coverage Enhancement Endorsement with a specific state named in the title, this endorsement does not apply to vehicles garaged in that specified state. COVERAGE INDEX SUBJECT PROVISION NUMBER ACCIDENTAL AIRBAG DEPLOYMENT 13 ADDITIONAL INSURED BY CONTRACT, AGREEMENT OR PERMIT 4 AMENDED DUTIES IN THE EVENT OF ACCIDENT, CLAIM, SUIT OR LOSS 21 AMENDED FELLOW EMPLOYEE EXCLUSION 6 AUDIO, VISUAL AND DATA ELECTRONIC EQUIPMENT COVERAGE 15 BODILY INJURY REDEFINED 25 EMPLOYEES AS INSUREDS (Including Employee Hired Auto) 3 EXTRA EXPENSE-BROADENED COVERAGE I 1 GLASS REPAIR-WAIVER OF DEDUCTIBLE 17 HIRED AUTO COVERAGE TERRITORY 23 HIRED AUTO PHYSICAL DAMAGE (Including Employee Hired Auto) 7 LOAN /LEASE GAP (Coverage Not Available In New York) 16 NEWLY FORMED OR ACQUIRED SUBSIDIARIES 2 PARKED AUTO COLLISION COVERAGE(WAIVER OF DEDUCTIBLE) 18 PERSONAL EFFECTS COVERAGE 12 PHYSICAL DAMAGE -ADDITIONAL TRANSPORTATION EXPENSE COVERAGE 9 PHYSICAL DAMAGE DEDUCTIBLE -VEHICLE TRACKING SYSTEM 14 PRIMARY AND NON-CONTRIBUTORY -WRITTEN CONTRACT OR WRITTEN AGREEMENT 24 RENTAL REIMBURSEMENT 10 SUPPLEMENTARY PAYMENTS 5 TOWING AND LABOR 8 TRAILERS- INCREASED LOAD CAPACITY 1 TWO OR MORE DEDUCTIBLES 19 UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS 20 WAIVER OF TRANSFER OF RIGHTS OF RECOVERYAGAINST OTHERS TO US 22 a SECTION I-COVERED AUTOS is amended as follows: ww, 1. TRAILERS-INCREASED LOAD CAPACITY The following replaces Paragraph C.1. Certain Trailers, Mobile Equipment And Temporary Substitute Autos of SECTION I-COVERED AUTOS: "Trailers" with a load capacity of 3,000 pounds or less designed primarily for travel on public roads. @ 2017 Liberty Mutual Insurance AC 85 01 06 18 Includes copyrighted material of Insurance Services Office Inc.,with its Permission. Page 1 of 7 SECTION II -LIABILITY COVERAGE is amended as follows: 2. NEWLY FORMED OR ACQUIRED SUBSIDIARIES SECTION II - LIABILITY COVERAGE, Paragraph A.1. - Who Is An Insured is amended to include the following as an "insured": d. Any legally incorporated subsidiary of which you own more than 50 percent interest during the policy period. Coverage is afforded only for 90 days from the date of acquisition or formation. However, "insured" does not include any organization that: (1) Is a partnership or joint venture; or (2) Is an "insured" under any other automobile policy except a policy written specificall y to apply in excess of this policy; or (3) Has exhausted its Limit of Insurance or had its policy terminated under any other automobile policy. Coverage under this provision d. does not apply to "bodily injury" or "property damage" that occurred before you acquired or formed the organization. _ 3. EMPLOYEES AS INSUREDS SECTION II - LIABILITY COVERAGE, Paragraph A.1. Who Is An Insured is amended to include the following as an "insured": e. Any "employee" of yours while using a covered "auto" you do not own, hire or borrow but only for t." o acts within the scope of their employment by you. Insurance provided by this endorsement is 0 _ - excess over any other insurance available to any "employee". f. Any "employee" of yours while operating an "auto" hired or borrowed under a written contract or agreement in that "employee's" name, with your permission, while performing duties related to the conduct of your business and within the scope of their employment. Insurance provided by this endorsement is excess over any other insurance available to the "employee". 4. ADDITIONAL INSURED BY CONTRACT, AGREEMENT OR PERMIT SECTION II - LIABILITY COVERAGE, Paragraph A.1. Who Is An Insured is amended to include the following as an "insured": g. Any person or organization with respect to the operation, maintenance or use of a covered "auto", provided that you and such person or organization have agreed in a written contract, written agreement, or permit issued to you by governmental or public authority, to add such person, or organization, or governmental or public authority to this policy as an "insured". However, such person or organization is an "insured": (1) Only with respect to the operation, maintenance or use of a covered "auto"; (2) Only for "bodily injury" or "property damage" caused by an "accident" which takes place after you executed the written contract or written agreement, or the permit has been issued to you; and 0 (3) Only for the duration of that contract, agreement or permit. The "insured" is required to submit a claim to any other insurer to which coverage could apply for defense and indemnity. Unless the "insured" has agreed in writing to primary noncontributory wording per enhancement number 24, this policy is excess over any other collectible insurance. n 5. SUPPLEMENTARY PAYMENTS SECTION II - LIABILITY COVERAGE, Coverage Extensions, 2.a. Supplementary Payments, Paragraphs (2) and (4) are replaced by the following: (2) Up to $3,000 for cost of bail bonds (including bonds for related traffic violations ) required because of an "accident" we cover. We do not have to furnish these bonds. (4) All reasonable expenses incurred by the "insured" at our request, including actual loss of earnings up to $500 a day because of time off from work. © 2017 Liberty Mutual Insurance AC 85 01 06 18 Includes copyrighted material of Insurance Services Office Inc.,with its Permission. Page 2 of 7 6. AMENDED FELLOW EMPLOYEE EXCLUSION In those jurisdictions where, by law, fellow "employees" are not entitled to the protection afforded to the employer by the workers compensation exclusivity rule, or similar protection, the following provi- sion is added: SECTION II - LIABILITY, Exclusion B.S. Fellow Employee does not apply if the "bodily injury" results from the use of a covered "auto" you own or hire if you have workers compensation insurance in force for all of your "employees" at the time of"loss". This coverage is excess over any other collectible insurance. SECTION III -PHYSICAL DAMAGE COVERAGE is amended as follows: 7. HIRED AUTO PHYSICAL DAMAGE Paragraph A.4. Coverage Extensions of SECTION III - PHYSICAL DAMAGE COVERAGE, is amended by adding the following: If hired "autos" are covered "autos" for Liability Coverage, and if Comprehensive, Specified Causes of Loss or Collision coverage are provided under the Business Auto Coverage Form for any "auto" you own, then the Physical Damage coverages provided are extended to "autos": a. You hire, rent or borrow; or b. Your "employee" hires or rents under a written contract or agreement in that "employee's" name, but only if the damage occurs while the vehicle is being used in the conduct of your business, subject to the following limit and deductible: a. The most we will pay for "loss" in any one "accident" or"loss" is the smallest of: (1) $50,000; or (2) The actual cash value of the damaged or stolen property as of the time of the "loss"; or (3) The cost of repairing or replacing the damaged or stolen property with other property of like kind and quality, minus a deductible. b. The deductible will be equal to the largest deductible applicable to any owned "auto" for that coverage. c. Subject to the limit, deductible and excess provisions described in this provision, we will provide coverage equal to the broadest coverage applicable to any covered "auto" you own. d. Subject to a maximum of $1,000 per "accident", we will also cover the actual loss of use of the hired "auto" if it results from an "accident", you are legally liable and the lessor incurs an actual financial loss. �., e. This coverage extension does not apply to: (1) Any "auto" that is hired, rented or borrowed with a driver; or (2) Any "auto" that is hired, rented or borrowed from your "employee" or any member of your "employee's" household. Coverage provided under this extension is excess over any other collectible insurance available at the ° time of"loss". 8. TOWING AND LABOR SECTION III - PHYSICAL DAMAGE COVERAGE, Paragraph A.2. Towing, is amended by the addition of the following: We will pay towing and labor costs incurred, up to the limits shown below, each time a covered "auto" classified and rated as a private passenger type, "light truck" or"medium truck" is disabled: a. For private passenger type vehicles, we will pay up to $75 per disablement. b. For"light trucks", we will pay up to $75 per disablement. "Light trucks" are trucks that have a gross vehicle weight (GVW) of 10,000 pounds or less. c. For "medium trucks" , we will pay up to $150 per disablement. "Medium trucks" are trucks that have a gross vehicle weight (GVW) of 10,001 -20,000 pounds. However, the labor must be performed at the place of disablement. � 2017 Liberty Mutual Insurance AC 85 01 06 18 Includes copyrighted material of Insurance Services Office Inc.,with its Permission. Page 3 of 7 9. PHYSICAL DAMAGE -ADDITIONAL TRANSPORTATION EXPENSE COVERAGE Paragraph A.4.a. Coverage Extensions, Transportation Expenses of SECTION III - PHYSICAL DAMAGE COVERAGE, is amended to provide a limit of$50 per day and a maximum limit of$1,500. 10. RENTAL REIMBURSEMENT SECTION III-PHYSICAL DAMAGE COVERAGE,A.Coverage, is amended by adding the following: a. We will pay up to $75 per day for rental reimbursement expenses incurred by you for the rental o an "auto" because of "accident" or "loss", to an "auto" for which we also pay a "loss" unde Comprehensive, Specified Causes of Loss or Collision Coverages. We will pay only for those ex- penses incurred after the first 24 hours following the "accident" or"loss" to the covered "auto." b. Rental Reimbursement requires the rental of a comparable or lessor vehicle, which in many cases may be substantially less than $75 per day, and will only be allowed for the period of time it should --- take to repair or replace the vehicle with reasonable speed and similar quality, up to a maximum of 30 days. � c. We will also pay up to $500 for reasonable and necessary expenses incurred by you to remove and replace your tools and equipment from the covered "auto". This limit is excess over any other collectible insurance. d. This coverage does not apply unless you have a business necessity that other "autos" available for .._ � your use and operation cannot fill. ,45,2 e. If"loss" results from the total theft of a covered "auto" of the private passenger type, we will pay s under this coverage only that amount of your rental reimbursement expenses which is not already provided under Paragraph 4.Coverage Extension. f. No deductible applies to this coverage. g. The insurance provided under this extension is excess over any other collectible insurance. If this policy also provides Rental Reimbursement Coverage you purchased, the coverage provided by this Enhancement Endorsement is in addition to the coverage you purchased. For the purposes of this endorsement provision, materials and equipment do not include "personal effects" as defined in provision 12.B. 11. EXTRA EXPENSE-BROADENED COVERAGE Under SECTION III - PHYSICAL DAMAGE COVERAGE, A. Coverage, we will pay for the expense of returning a stolen covered "auto" to you. The maximum amount we will pay is $1,000. 12. PERSONAL EFFECTS COVERAGE A. SECTION III -PHYSICAL DAMAGE COVERAGE,A.Coverage, is amended by adding the following: If you have purchased Comprehensive Coverage on this policy for an "auto" you own and that "auto" is stolen, we will pay, without application of a deductible, up to $600 for "personal effects" stolen with the "auto." The insurance provided under this provision is excess over any other collectible insurance. B. SECTION V-DEFINITIONS is amended by adding the following: For the purposes of this provision, "personal effects" mean tangible property that is worn or carried by an "insured." "Personal effects" does not include tools, equipment, jewelry, money or securi- ,- 13. ACCIDENTAL AIRBAG DEPLOYMENT SECTION III -PHYSICAL DAMAGE COVERAGE, B.Exclusions is amended by adding the following: If you have purchased Comprehensive or Collision Coverage under this policy, the exclusion for "loss" relating to mechanical breakdown does not apply to the accidental discharge of an airbag. Any insurance we provide shall be excess over any other collectible insurance or reimbursement by manufacturer's warranty. However, we agree to pay any deductible applicable to the other coverage or warranty. MID © 2017 Liberty Mutual Insurance AC 85 01 06 18 Includes copyrighted material of Insurance Services Office Inc.,with its Permission. Page 4 of 7 14. PHYSICAL DAMAGE DEDUCTIBLE -VEHICLE TRACKING SYSTEM SECTION 111-PHYSICAL DAMAGE COVERAGE, D. Deductible, is amended by adding the following: Any Comprehensive Deductible shown in the Declarations will be reduced by 50% for any "loss" caused by theft if the vehicle is equipped with a vehicle tracking device such as a radio tracking device or a global position device and that device was the method of recovery of the vehicle. 15. AUDIO, VISUAL AND DATA ELECTRONIC EQUIPMENT COVERAGE SECTION III - PHYSICAL DAMAGE COVERAGE, B. Exclusions, Paragraph a. of the exception to exclu- sions 4.c. and 4.d. is deleted and replaced with the following: Exclusions 4.c. and 4.d. do not apply to: a. Electronic equipment that receives or transmits audio, visual or data signals, whether or not de- signed solely for the reproduction of sound, if the equipment is: (1) Permanently installed in the covered "auto" at the time of the "loss" or removable from a housing unit that is permanently installed in the covered "auto"; and (2) Designed to be solely operated by use from the power from the "auto's" electrical system; and (3) Physical damage coverages are provided for the covered "auto". If the "loss" occurs solely to audio, visual or data electronic equipment or accessories used with this equipment, then our obligation to pay for, repair, return or replace damaged or stolen property will be reduced by a$100 deductible. 16. LOAN /LEASE GAP COVERAGE(Not Applicable In New York) A. Paragraph C. Limit Of Insurance of SECTION III - PHYSICAL DAMAGE COVERAGE is amended by adding the following: The most we will pay for a "total loss" to a covered "auto" owned by or leased to you in any one "accident" is the greater of the: 1. Balance due under the terms of the loan or lease to which the damaged covered "auto" is subject at the time of the "loss" less the amount of: a. Overdue payments and financial penalties associated with those payments as of the date of the "loss"; b. Financial penalties imposed under a lease due to high mileage, excessive use or abnormal ,.., wear and tear; c. Costs for extended warranties, Credit Life Insurance, Health, Accident or Disability Insur- ance purchased with the loan or lease; �., d. Transfer or rollover balances from previous loans or leases; e. Final payment due under a"Balloon Loan"; f. The dollar amount of any unrepaired damage which occurred prior to the "total loss" of a covered "auto"; g. Security deposits not refunded by a lessor; h. All refunds payable or paid to you as a result of the early termination of a lease agreement or as a result of the early termination of any warranty or extended service agreement on a covered "auto"; i. Any amount representing taxes; j. Loan or lease termination fees; or 2. The actual cash value of the damage or stolen property as of the time of the "loss". An adjustment for depreciation and physical condition will be made in determining the actual cash value at the time of the "loss". This adjustment is not applicable in Texas. B. Additional Conditions This coverage applies only to the original loan for which the covered "auto" that incurred the "loss" serves as collateral, or lease written on the covered "auto" that incurred the "loss". @ 2017 Liberty Mutual Insurance AC 85 01 06 18 Includes copyrighted material of Insurance Services Office Inc.,with its Permission. Page 5 of 7 C. SECTION V-DEFINITIONS is changed by adding the following: As used in this endorsement provision, the following definitions apply: "Total loss" means a "loss" in which the cost of repairs plus the salvage value exceeds the actual cash value. A "balloon loan" is one with periodic payments that are insufficient to repay the balance over the term of the loan, thereby requiring a large final payment. 17. GLASS REPAIR-WAIVER OF DEDUCTIBLE Paragraph D. Deductible of SECTION III - PHYSICAL DAMAGE COVERAGE is amended by the addition of the following: � No deductible applies to glass damage if the glass is repaired rather than replaced. 18. PARKED AUTO COLLISION COVERAGE(WAIVER OF DEDUCTIBLE) Paragraph D. Deductible of SECTION III - PHYSICAL DAMAGE COVERAGE is amended by the addition � of the following: The deductible does not apply to "loss" caused by collision to such covered "auto" of the private passenger type or light weight truck with a gross vehicle weight of 10,000 lbs. or less as defined by the manufacturer as maximum loaded weight the "auto" is designed to carry while it is: ,.� a. In the charge of an "insured"; im!E tt, b. Legally parked; and c. Unoccupied. The "loss" must be reported to the police authorities within 24 hours of known damage. The total amount of the damage to the covered "auto" must exceed the deductible shown in the Declarations. '^ This provision does not apply to any "loss" if the covered "auto" is in the charge of any person or $ organization engaged in the automobile business. 19. TWO OR MORE DEDUCTIBLES Under SECTION III - PHYSICAL DAMAGE COVERAGE, if two or more company policies or coverage forms apply to the same "accident", the following applies to Paragraph D. Deductible: a. If the applicable Business Auto deductible is the smaller (or smallest) deductible, it will be waived; or b. If the applicable Business Auto deductible is not the smaller (or smallest) deductible , it will be reduced by the amount of the smaller (or smallest) deductible; or c. If the "loss" involves two or more Business Auto coverage forms or policies, the smaller (or smallest) deductible will be waived. For the purpose of this endorsement, company means any company that is part of the Liberty Mutual Group. SECTION IV-BUSINESS AUTO CONDITIONS is amended as follows: 20. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS SECTION IV- BUSINESS AUTO CONDITIONS, Paragraph B.2. is amended by adding the following: If you unintentionally fail to disclose any hazards, exposures or material facts existing as of the incep- tion date or renewal date of the Business Auto Coverage Form, the coverage afforded by this policy will not be prejudiced. However, you must report the undisclosed hazard of exposure as soon as practicable after its discovery, and we have the right to collect additional premium for any such hazard or exposure. @ 2017 Liberty Mutual Insurance AC 85 01 06 18 Includes copyrighted material of Insurance Services Office Inc.,with its Permission. Page 6 of 7 21. AMENDED DUTIES IN THE EVENT OF ACCIDENT, CLAIM, SUIT, OR LOSS SECTION IV - BUSINESS AUTO CONDITIONS, Paragraph A.2.a. is replaced in its entirety by the follow- ing: a. In the event of "accident", claim, "suit" or "loss", you must promptly notify us when it is known to: (1) You, if you are an individual; (2) A partner, if you are a partnership; (3) Member, if you are a limited liability company; (4) An executive officer or the "employee" designated by the Named Insured to give such notice, if you are a corporation. To the extent possible, notice to us should include: (a) How, when and where the "accident" or "loss" took place; (b) The "insureds" name and address; and (c) The names and addresses of any injured persons and witnesses. 22. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US SECTION IV - BUSINESS AUTO CONDITIONS, Paragraph A.5. Transfer Of Rights Of Recovery Against Others To Us, is amended by the addition of the following: If the person or organization has in a written agreement waived those rights before an "accident" or "loss", our rights are waived also. 23. HIRED AUTO COVERAGE TERRITORY SECTION IV - BUSINESS AUTO CONDITIONS, Paragraph B.7. Policy Period, Coverage Territory, is amended by the addition of the following: f. For "autos" hired 30 days or less, the coverage territory is anywhere in the world, provided that the "insured's" responsibility to pay for damages is determined in a "suit", on the merits, in the United States, the territories and possessions of the United States of America, Puerto Rico or Canada or in a settlement we agree to. This extension of coverage does not apply to an "auto" hired, leased, rented or borrowed with a driver. 24. PRIMARY AND NON-CONTRIBUTING IF REQUIRED BY WRITTEN CONTRACT OR WRITTEN AGREE- MENT The following is added to SECTION IV - BUSINESS AUTO CONDITIONS, General Conditions, B.5. Other Insurance and supersedes any provision to the contrary: This Coverage Form's Covered Autos Liability Coverage is primary to and will not seek contribution from any other insurance available to an "insured" under your policy provided that: 1. Such "insured" is a Named Insured under such other insurance; and 2. You have agreed in a written contract or written agreement that this insurance would be primary and would not seek contribution from any other insurance available to such "insured". SECTION V -DEFINITIONS is amended as follows: 25. BODILY INJURY REDEFINED 0 Under SECTION V -DEFINITIONS, Definition C. is replaced by the following: "Bodily injury" means physical injury, sickness or disease sustained by a person, including mental anguish, mental injury, shock, fright or death resulting from any of these at any time. © 2017 Liberty Mutual Insurance AC 85 01 06 18 Includes copyrighted material of Insurance Services Office Inc.,with its Permission. Page 7 of 7 CU 60 02 06 97 COMMERCIAL UMBRELLA COVERAGE FORM There are provisions in this policy that restrict Insuring Agreement, V. DEFINITIONS. Words an coverage. Read the entire policy carefully to deter- phrases that appear in quotation marks have spe- mine rights, duties and what is and is not coy- cial meaning and can be found in the DEFINITION ered. Section or the specific policy provision where they appear. Throughout this policy, the words "you" and "your" refer to the Named Insured as defined in Insuring Agreement, V. DEFINITIONS. The words In consideration of the payment of the premium r "we" "us" and "our" refer to the Company pro- and in reliance upon the statements in the Dec- -- viding this insurance. The word "Insured" means larations we agree with you to provide coverage any person or organization qualifying as such in as follows: INSURING AGREEMENTS I. COVERAGE B. The General Aggregate Limit is the most We will pay on behalf of the "Insured" those we will pay for all damages covered unde in excess of the "Retained Limit' that the Insuring Agreement in Section I., ex- sums� the "Insured" becomes legally obligated to apt' pay by reason of liability imposed by law or 1. damages included in the "products- assumed by the "Insured" under an "insured completed operations hazard"; and contract' because of "bodily injury," "property damage," "personal injury," or "advertising 2, coverages included in the policies listinjury" that takes place during the Policy Pe- ed in the Schedule of Underlying Insur- nod� and is caused by an "occurrence" hap- ance to which no underlying aggregate pening anywhere. The amount we will pay for limit applies. damages is limited as described below in the Insuring Agreement Section IL LIMITS OF IN- The amount stated on the Declarations as SURANCE. the General Aggregate Limit is the most we will pay for all damages arising out of II. LIMITS OF INSURANCE any "bodily injury," "property damage," "personal injury," or "advertising injury" cpe A. The Limits of Insurance shown in Item 4. subject to an aggregate limit in the "un of the Declarations and the rules below denying insurance." The General Aggre- state the most we will pay regardless of gate Limit applies separately and in the the number of: same manner as the aggregate limits in the "underlying insurance." 1. "Insureds"; C. The Products-Completed Operations Ag- 2. "claims" made or "suits" brought; or gregate Limit is the most we will pay for 3. persons or organizations making all damages included in the "products- "claims" or bringing "suits." completed operations hazard." D. Subject to B. or C. in Section II. LIMITS OF INSURANCE, whichever applies, the Each � Occurrence Limit is the most we will pay for "bodily injury," "property damage," CU 60 02 06 97 (Page 1 of 15) "personal injury," or "advertising injury" Schedule of Underlying Insurance nor covered under the Insuring Agreement in by any other insurance providing coy- Section I. because of all "bodily injury," erage to the "Insured" during the Poli- "property damage," "personal injury," or cy Period; "advertising injury" arising out of any one "occurrence." and then up to an amount not exceeding the Each Occurrence Limit as stated in the E. If the applicable Limits of Insurance of th Declarations. policies listed in the Schedule of Under- __ lying Insurance or of other insurance pro- Once the Self-Insured Retention has been viding coverage to the "Insured" are re- exhausted by actual payment of "claims" duced or exhausted by actual payment of in full by the "Insured," the Self-Insured one or more "claims," subject to the terms Retention will not be reapplied or again and conditions of this policy, we will: payable by the "Insured" for said Policy Period. 1. in the event of reduction, pay in excess of the reduced underlying Limits of In- III. DEFENSE surance, or; A. We will have the right and duty to investi- 2. in the event of exhaustion, continue in gate any "claim" and defend any "suit" ,., force as "underlying insurance," but seeking damages covered by the terms for no broader coverage than is avail- and conditions of this policy when: able under this policy. 1. the applicable Limits of Insurance of F. The Limits of Insurance of this policy ap- the underlying policies listed in the ply separately to each consecutive annual Schedule of Underlying Insurance and period and to any remaining period of less the Limits of Insurance of any other than 12 months, starting with the begin- insurance providing coverage to the ning of the policy period shown in the "Insured" have been exhausted by ac- Declarations, unless the policy period is tual payment of "claims" for any "oo- extended after issuance for an additional currence" to which this policy applies; period of less than 12 months. In that or case, the additional period will be deemed part of the last preceding period for pur- 2. damages are sought for any "occur- poses of determining the Limits of Insur- rence" which is covered by this policy ante. but not covered by any underlying policies listed in the Schedule of UnG. Retained Limit denying Insurance or any other insur- ance providing coverage to the "In- We will be liable only for that portion of sured." damages, subject to the Each Occurrence Limit stated in the Declarations, in excess B. When we assume the defense of any of the "retained limit," which is the great- "claim" or "suit": er of: sea 1. We will investigate any "claim" and 1. the total amounts stated as the ap- defend any "suit" against the "In- plicable limits of the underlying poli- sured" seeking damages on account of cies listed in the Schedule of Under- any "occurrence" covered by this poli- lying Insurance and the applicable lim- cy. We have the right to investigate, its of any other insurance providing defend and settle the "claim" or "suit" coverage to the "Insured" during the as we deem expedient. Policy Period; or 2. All expenses we incur in the investiga- 2. the amount stated in the Declarations tion of any "claim" or defense of any as Self-Insured Retention as a result of "suit" are in addition to our Limits of any one "occurrence" not covered by Insurance. --- the underlying policies listed in the CU 60 02 06 97 (Page 2 of 15) 3. We will pay the following as expenses, "claim" or "suit" against the "Insured." to the extent that they are not included We will, however, have the right and will in the coverage in the underlying poli- be given the opportunity to participate in cies listed in the Schedule of Under- the settlement, defense and trial of any lying Insurance or in any other insur- "claim" or "suit" relative to any "occur- ance providing coverage to the "In- rence" which, in our opinion, may create sured": liability on our part under the terms of this policy. If we exercise such right, we will � a. premiums on bonds to release at- do so at our own expense. tachments, which bond amounts will not exceed our Limits of In- IV. EXCLUSIONS surance, but we are not obligated - � to apply for or furnish any such This insurance does not apply to: bond; A. "Bodily injury" or "property damage" ex- b.�- premiums on appeal bonds, petted or intended from the standpoint o which bond amounts will not ex- the "Insured." This exclusion does not ap- ceed77 our policy limits, required by ply to "bodily injury" resulting from the law to appeal any "claim" or use of reasonable force to protect persons "suit' we defend, but we are not or property. obligated to apply for or furnish =es any such bond; B. Any obligation of the "Insured" under a � Workers Compensation, Unemployment imEmm c. all costs taxed against the "In- Compensation or Disability Benefits Law, sured" in any "claim" or "suit" or under any similar law, regulation or we defend; ordinance. d. pre-judgment interest awarded C. Any obligation of the "Insured" under the against the "Insured" on that part Employee Retirement Income Security Act of the judgment we pay that is of 1974 or any amendments to that act, or within our applicable Limits of In- under any similar law, regulation or ordi- surance. If we make an offer to Hance. pay the applicable Limits of Insur- ance, we will not pay any pre- D. Any obligation of the "Insured" under judgment interest based on the No Fault, Uninsured Motorist or Undenn- period of time after the offer; sured Motorist law, or under any similar law, regulation or ordinance. e. all interest that accrues after entry of judgment and before we have E. "Property damage" to "impaired property" paid, offered to pay or deposited or property that has not been physically in court the part of the judgment injured, arising out of: ""' that is within our applicable Limit of Insurance; 1. a defect, deficiency, inadequacy or "a dangerous condition in "your product" f. the "Insured's" actual and reason- or "your work"; or able expenses incurred at our re- quest. 2. a delay or failure by you or anyone acting on your behalf to perform a con- C. We will not investigate any "claim" or de- tract or agreement in accordance with fend any "suit" after our applicable Limits its terms. of Insurance have been exhausted by pay- ment of judgments or settlements. This exclusion does not apply to the loss of use of other property arising out of D. In all other instances except Subsection A. sudden and accidental physical injury to in Section IlL DEFENSE, we will not be "your product' or "your work" after it has __. obligated to assume charge of the inves- been put to its intended use. tigation, settlement or defense of any CU 60 02 06 97 (Page 3 of 15) F. "Property damage" to "your product" aris- damages that the "Insured" would ing out of it or any part of it. have in the absence of the contract or agreement. "Property Property damage" to "your work" arising out of it or any part of it and included in K. "Advertising injury" arising out of: the "products-completed operations haz- ard." 1. breach of contract, other than misap- propriation of advertising ideas under This exclusion does not apply if the an implied contract; damaged work or the work out of which the damage arises was performed on your 2. the failure of goods, products or sebehalf by a subcontractor. vices to conform with advertised qual- ity or performance; H. Damages claimed for any loss, cost or ex- pense incurred by you or others for the 3. the wrong description of the price of loss of use, withdrawal, recall, inspection, goods, products or services; or repair, replacement, adjustment, removal or disposal of: 4. an offense committed by an "Insured" whose business is advertising, broad- 1. "your product"; casting, publishing or telecasting. 2. "your work"; or L. Any liability, including but not limited to settlements, judgments, costs, charges, ex- 3. "impaired property" penses, costs of investigations, or the fee of attorneys, experts, or consultants, ans- if such product, work or property is with- ing out of or in any way related to: drawn or recalled from the market or from use by any person or organization because 1. The actual, alleged or threatened pres- of a known or suspected defect, deficiency, ence, discharge, dispersal, seepage, inadequacy or dangerous condition in it. migration, release, or escape of "pollu- tants," however caused. I. "Property damage" to property owned by the "Insured." 2. Any request, demand or order that any "Insured" or others test for, monitor, J. "Personal injury" or "advertising injury": clean-up, remove, contain, treat, d - toxify, neutralize or in any way r1. arising out of oral, written, televised, spond to or assess the effects of "pol- videotaped, or electronic publication of lutants." This includes demands, direc- matenal, if done by or at the direction the "Insured" with knowledge of its tives, complaints, "suits," orders or re- offa quests brought by any governmental entity or by any person or group of 2. arising out of oral, written, televised, persons. videotaped, or electronic publication o material whose first publication too 3. Steps taken or amounts incurred by a place before the beginning of the poli- orgovernmental unit or any other person cy period organization to test for, monitor, clean-up, remove, contain, treat, deg toxify or neutralize or assess the ef- penal3. arising out of the willful violation of a statute or ordinance committed fects of "pollutants." by or with consent of the "Insured"; or This exclusion will apply to any liability, 4. for which the "Insured" has assumed costs, charges, or expenses, or any judg- liability in a contract or agreement. ments or settlements, arising directly or This exclusion does not apply to liabil- indirectly out of pollution whether or not ity for the pollution was sudden, accidental, grad- ual, intended, expected, unexpected, pre- f.." ventable or not preventable. CU 60 02 06 97 (Page 4 of 15) As used in this exclusion "pollutants" 3. coercion, demotion, evaluation, reas- means any solid, liquid, gaseous, or ther- signment, discipline, defamation, ha- mal irritant or contaminant, including, but rassment, molestation, humiliation, not limited to smoke, vapor, soot, fumes, discrimination or other employment reacids, alkalis, chemicals and waste ma- lated practices, policies, acts or omis- tenal. Waste material includes materials sions; or which are intended to be or have been recycled, reconditioned or reclaimed. 4. consequential "bodily injury," "proper- ty damage," "personal injury" or "ad- mipm M. "Bodily injury" or "property damage" due vertising injury" as a result of 0.1. to war, whether or not declared, or any act through 0.3. or condition incident to war. War includes 77L-1."7" civil war, insurrection, rebellion or revolu- This exclusion applies whether the "Intion. This exclusion applies only to liability sured" may be held liable as an employe assumed under a contract or agreement. or in any other capacity and to any obliga- tione_ - to share damages with or to repay N. Any liability, including, but not limited to someone else who must pay damages be- settlements, judgments, costs, charges, ex- cause of "bodily injury," "property dam- penses, costs of investigations, or the fees age," "personal injury" or "advertising in- of attorneys, experts, or consultants aris- jury." ing out of or related in any way, either ==== directly or indirectly, to: P. "Bodily injury," "property damage," "per- � sonal injury" or "advertising injury" ex- _____ .� 1. asbestos, asbestos products, asbestos- cluded by the Nuclear Energy Liability Ex- containing materials or products, as- clusion attached to this Policy. bestos fibers or asbestos dust, includ- ing, but not limited to, manufacture, Q. The following Items 1. through 4., except mining, use, sale, installation, removal, to the extent that such insurance is pro- or distribution activities; vided by a policy listed in the Schedule of Underlying Insurance, and for no broader 2. exposure to testing for, monitoring of, coverage than is provided by such policy: cleaning up, removing, containing or treating of asbestos, asbestos pro- 1. Liability of any employee with respect ducts, asbestos-containing materials or to "bodily injury," "property damage," products, asbestos fibers or asbestos "personal injury" or "advertising in- dust; or jury" to you or to another employee of the same employer injured in the ..� 3. any obligation to investigate, settle or course of such employment. defend, or indemnify any person against any "claim" or "suit" arising 2. "Bodily injury" or "property damage out of, or related in any way, either arising out of the ownership, mainten- directly or indirectly, to asbestos, as- ance, operation, use, "loading" or "un- bestos products, asbestos-containing loading" of any watercraft, if suh materials or products, asbestos fibers watercraft is owned, or chartered with- or - asbestos dust out crew, by or on behalf of any "In- sured." This exclusion will not apply to O. "Bodily injury," "property damage," "per- watercraft while ashore on any prem- sonal injury" or "advertising injury" aris- ises owned by, rented to, or controlled ing out of any: by you. 1, refusal to employ or promote; 3. "Bodily injury" or "property damage" arising out of the ownership, mainten- 2. termination of employment; ance, operation, use, "loading" or "un- loading" of any aircraft, if such aircraft is owned, or hired without pilot or crew, by or on behalf of any "Insured." CU 60 02 06 97 (Page 5 of 15) 4. "Bodily injury" to: B. "Auto" means a land motor vehicle, trailer or semitrailer designed for travel on public a. an employee of any "Insured" roads, including any attached machinery or arising out of and in the course equipment. "Auto" does not include "mo- ot bile equipment." i. employment by any "In- C. "Bodily injury" means physical injury, sicksured"; or ness, or disease, including death of a per- __ son. "Bodily injury" also means mental H. performing duties related to injury, mental anguish, humiliation, or the conduct of any "In- shock if directly resulting from physical sured's" business; or injury, sickness, or disease to that person. b. the spouse, child, parent, brother D. "Claim" means any demand for monetary or sister of that employee as a damages upon an "Insured" resulting from consequence of Paragraph 4.a. a covered "occurrence." This exclusion applies: E. "Impaired property" means tangible prop- a. whether any "Insured" may be erty, other than "your product" or "your as an employer or in any Work," that cannot be used or is less use- liableother capacity; and ful because: b. to any obligation to share dam- 1. it incorporates "your product' or "your ages with or repay someone else work" that is known or thought to be must pay damages because defective, deficient, inadequate or dan- whoof the injury. gerous; or V. DEFINITIONS 2• you have failed to fulfill the terms of a contract or agreement; A. "Advertising injury" means injury arising if such property can be restored to use by: solely out of advertising activities of any "Insured" as a result of one or more of the 1. the repair, replacement, adjustment or following offenses during the policy pe- removal of "your product' or "your riod: work"; or 1. oral, written, televised, videotaped, or 2, your fulfilling the terms of the contract electronic publication of material that or agreement. slanders or libels a person or organiza- tion or disparages a person's or or- F. "Insured" means each of the following, to ganization's goods, products or ser- the extent set forth: vices; 1. The Named Insured meaning: 2. oral, written, televised, videotaped, or electronic publication of material that a. Any person or organization listed violates a person's right of privacy; in Item 1. of the Declarations, and any Company of which you own 3. misappropriation of advertising ideas more than 50%, as of the effective or style of doing business; date of this policy. 4. infringement of copyright, title or sb - b. Any organization you newly ac- gan; or quire or form, other than a part- nership, Joint venture or limited 5. mental injury, mental anguish, humili- liability company, and over which ation, or shock, if directly resulting you maintain ownership or major- from Items A.1. through A.4. ity interest, will qualify to be a ---- Named Insured. However: CU 60 02 06 97 (Page 6 of 15) (1) coverage under this provi- "unloading" of any "autos," aircraft or sion is afforded only until the watercraft unless such coverage is in- 90th day after you acquire or cluded under the policies listed in the form the organization or the Schedule of Underlying Insurance and end of the policy period, for no broader coverage than is pro- whichever is earlier; vided under such underlying policies. (2) coverage does not apply to Employees include "leased workers" "bodily injury," "property but not "temporary workers." "Leased damage," "personal injury" workers" are leased to you by a labor or "advertising injury" that leasing firm under an agreement be- occurred before you acquired tween you and the labor leasing firm or formed the organization; to perform related duties to the con- _ and duct of your business. "Leased work- ers" are not "temporary workers." (3) coverage applies only if the "Temporary Temporary workers" are persons fur- organization is included un- nished to you to substitute for perma- der the coverage provided by Went employees on leave or to meet the policies listed in the seasonal or short-term workload condi- Schedule of Underlying In- tions. co surance and then for no " broader coverage than is g 7. Any person, other than one of your provided under such under-- employees, or organization while act- = lying policies. Y 9 ing as your real estate manager. 2. If you are an individual, you and your 8. Any person (other than your partners, spouse, but only with respect to the executive officers, directors, stockhol- conduct of a business of which you are ders or employees) or organizations 0 the sole owner as of the effective date with respect to any "auto" owned by of this policy. you, loaned to you or hired by you or on your behalf and used with your per- 3. If you are a partnership or joint ven- mission. ture, the partners or members and their spouses but only as respects the However, the coverage granted by this conduct of your business. Provision 8. does not apply to any per- son using an "auto" while working in a 4. If you are a limited liability company, business that sells, services, repairs or the members or managers but only as parks "autos" unless you are in that respects the conduct of your business. business. 5. Any person or organization, other than 9. No person or organization is an "In- the Named Insured, included as an ad- sured" with respect to the conduct of ditional "Insured" by virtue of an "in- any current or past partnership or joint sured contract," and to whichcoverage venture that is not shown as a Named is provided by the "underlying insur- Insured in the Declarations. ance," and for no broader coverage �, than is provided by the "underlying G. "Insured contract" means any oral or writ- insurance" to such additional "In- ten contract or agreement entered into by sured." you and pertaining to your business under 6. Anyofpartners, executive offs- which you assume the 'tort liability" of your another party to pay for "bodily injury" or cers, directors, or employees but only "property damage" to a third person or while acting within the scope of their organization, provided that the "bodily in- duties. jury" or "property damage" occurs subse- However, the coverage granted by this subse- quent to the execution of the contract or Provision 6. does not apply to the own- ership, maintenance, use, "loading" or CU 60 02 06 97 (Page 7 of 15) agreement. "Tort liability" means a civil a. air compressors, pumps and gen- liability that would be imposed by law in erators, including spraying, weld- the absence of any contract or agreement. ing, building cleaning, geophysi- cal exploration, lighting and well H. "Loading" or "unloading" means the han- servicing equipment or dling of property: b. cherry pickers and similar devices 1. after it is removed from the place used to raise or lower workers; where it is accepted for movement into or onto an aircraft, watercraft or 6. vehicles not described in 1., 2., 3., or 4. "auto"; above maintained primarily for pur- poses other than the transportation of 2. while it is in or on an aircraft, water- persons or cargo. craft or "auto"; However, self-propelled vehicles with 3. while it is being moved from an air- the following types of permanently at- craft, watercraft or "auto" to the place tacked equipment are not "mobile where it is finally delivered. equipment' but will be considered "autos": However, "loading" or "unloading" does not include the movement of property by a. equipment designed primarily for: means of a mechanical device, other than a hand truck, that is not attached to the (1) snow removal; aircraft, watercraft or "auto." (2) road maintenance, but not I. "Mobile equipment' means any of the fol- construction or resurfacing; lowing types of land vehicles, including or any attached machinery or equipment: (3) street cleaning; 1. bulldozers, farm machinery, forklifts and other vehicles designed for use b. cherry pickers and similar devices principally off public roads; mounted on auto or truck chassis and used to raise or lower work- 2. vehicles maintained for use solely on ers; and or next to premises you own or rent; c. air compressors, pumps and ge3. vehicles that travel on crawler treads; erators, including spraying, welding, building cleaning, geophysi- 4. vehicles, whether self-propelled or not, cal exploration, lighting and well maintained primarily to provide mobil- servicing equipment. ity to permanently mounted: J. "Occurrence" means: a. power cranes, shovels, loaders, diggers or drills; or 1. as respects "bodily injury" or "prop- erty damage," an accident, including b. road construction or resurfacing continuous or repeated exposure to equipment such as graders, scrap- substantially the same general harmful ers or rollers; conditions; 5. vehicles not described in 1., 2., 3., or 4. 2. as respects "personal injury," an of- above that are not self-propelled and fense arising out of the business of are maintained primarily to provide any "Insured" that results in "personal mobility to permanently attached injury." All damages that arise from equipment of the following types: the same or related injurious material or acts will be considered as arising out of one "occurrence," regardless of .--- the r., CU 60 02 06 97 (Page 8 of 15) frequency or repetition thereof, the b. work that has not yet been corn- number and kind of media used and pleted or abandoned. the number of claimants; 2. "Your work" will be deemed complet- 3. as respects "advertising injury," an of- ed at the earliest of the following •-- fense committed in the course of ad- times: vertising your goods, products and ser- vices that results in "advertising in- a. When all of the work called for i jury." All damages that arise from the your contract has been complet- _____ s or related injurious material or ed. acts will be considered as arising out b. When all of the work to be done of one "occurrence," regardless of the at the site has been completed if frequency or repetition thereof, the number and kind of media used and your contract calls for work at EmElf more than one site. the number of claimants. !!! E! K. "Personal injury" means injury other than c. When that part of the work done "bodily injury" or "advertising injury" aris- at a job site has been its intended use by any personu ort or- offensesing out of one or more of the following during the policy period: ganization other than another con- _____ t or subcontractor working 1. false arrest, detention or imprison- on the same project. = ment; Work that may need service, mainten- 2. malicious prosecution; ance, correction, repair or replacement, but which is otherwise complete, will 3. the wrongful eviction from, wrongful be treated as completed. entry into, or invasion of the right of private occupancy of a room, dwelling 3. This "products-completed operations or premises that a person occupies by hazard" does not include "bodily in- or on behalf of its owner, landlord or jury" or "property damage" arising out lessor; of: 4. oral, written, televised, videotaped, or a. the transportation of property, un- electronic publication of material that less the injury or damage arise slanders or libels a person or organiza- out of a condition in or on a ye- tion or disparages a person's or or- hide created by the "loading" or ganization's goods, products or ser- "unloading" of it; vices; b. the existence of tools, uninstalled 5. oral, written, televised, videotaped, or equipment or abandoned or un- electronic publication of material that used materials. violates a person's right of privacy; or M. "Property damage" means: 6. mental injury, mental anguish, humili- ation, or shock, if directly resulting 1. physical injury to tangible property, in- from Items K.1. through 5. cluding all resulting loss of use of that property. All such loss of use will be L. 1. "Products-completed operations haz- deemed to occur at the time of the ard" means all "bodily injury" and physical injury that caused it; or "property damage" from an "occur- 2. loss of use of tangible property that is rence" taking place away from prem- not physically injured. All such loss ises you own or rent and arising out of will be deemed at"your product' or "your work" except: the "occurrence" that occur the i time of a. products that are still in your N. "Suit" means a civil proceeding which physical possession; or seeks monetary damages because of "bod- ily injury," "property damage," "per- CU 60 02 06 97 (Page 9 of 15) sonal injury," or "advertising injury" to "Your product' does not include vending .., which this insurance applies. "Suit" in- machines or other property rented to or cludes: located for the use of others but not sold. 1. an arbitration proceeding in which Q. "Your work" means: such damages are claimed and to which you must submit or do submit 1. work or operations performed by you with our consent; or or on your behalf; and 2. any other alternative dispute resolution 2• materials, parts or equipment fur- proceeding in which such damages are Wished in connection with such work or claimed and to which you submit with operations. our consent. "Your work" includes: O. ,Underlying insurance" means the insur- ance coverage provided under policies 1. warranties or representations made at MP, shown in the Schedule of Underlying In- any time with respect to the fitness, surance, or any additional policies agreed quality, durability, performance or use to by us in writing. It includes any policies of "your work'; and issued to replace those policies during the 2, the providing of or failure to provide term of this insurance that provide: warnings or instructions. 1. at least the same policy limits; and VI. Conditions 2. insurance for the same hazards, except as to any modifications which are A. Appeals agreed to by us in writing. If the "Insured" or an "Insured's" under- lying insurers do not appeal a judgment in P. "Your product" means: excess of the "retained limit," we have the 1. Any goods or products, other than real right to make such an appeal. If we elect property, manufactured, sold, handled, to appeal, our liability on such an award or distributed or disposed of by: judgment will not exceed our Limits of Insurance as stated in Item 4. of the Dec- a. you; larations plus the cost and expense of such appeal. b. others trading under your name; or B. Audit c. a person or organization whose We may audit and examine your books business or assets you have ac- and records as they relate to this policy quired; and any time during the period of this polic and for up to three years after the expira- 2.r2 Containers (other than vehicles) materi- tion or termination of this policy. als, parts or equipment furnished in connection with such goods or pro- C. Bankruptcy or Insolvency ducts. The bankruptcy, insolvency or inability to "Your product" includes: pay of any "Insured" or the bankruptcy, PRIM insolvency or inability to pay of any of the 1. warranties or representations made at Underlying Insurers will not relieve u any time with respect to the fitness, from the payment of any "claim" or "suit" quality, durability, performance or use covered by this policy. Under no circum- of "your product'; and stances will such bankruptcy, insolvency or inability to pay require us to drop down 2. the providing of or failure to provide and replace the "retained limit" or assume warnings or instructions. any obligation with the "retained limit." OMR CU 60 02 06 97 (Page 10 of 15) D. Cancellation collation and the receipt of any refund 1. You may cancel this policy. You must that may become payable under this policy. mail or deliver advance written notice to us stating when the cancellation is 8. Any of these provisions that conflict to take effect. with a law that controls the cancella- tion of the insurance in this policy is 2. We may cancel this policy. If we cancel changed by this statement to comply because of nonpayment of premium, with the law. "" we must mail or deliver to you not less than ten (10) days advance written no- E. Changes tice stating when the cancellation is to take effect. If we cancel for any other Notice to any agent or knowledge pos- reason, we must mail or deliver to you sessed by any agent or any other person not less than thirty (30) days advance will not effect a waiver or a change in any sawm written notice stating when the can- part of this policy. This policy can only be "'" collation is to take effect. Mailing that changed by a written endorsement tha notice to you at your mailing address becomes a part of this policy and that i shown in Item 1. of the Declarations signed by one of our authorized repre- will be sufficient to prove notice. sentatives. Erimmi.MMEN 3. The policy period will end on the day F. Duties in The Event of An Occurrence, and hour stated in the cancellation no- Claim Or Suit tice. 1. You must see to it that we are notified 4. If we cancel, final premium will be cal- as soon as practicable of an "occur- culated pro rata based on the time this rence" which may result in a "claim" policy was in force. Final premium will or "suit" under this policy. To the ex- not be less than the Minimum Pre tent possible, notice will include: mium as shown in Item 3. of the Dec- larations. a. how, when and where the "occur- rence" took place; 5. If you cancel, final premium will be more than pro rata; it will be based on b. the names and addresses of any --- the time this policy was in force and injured person and witnesses; increased by our short rate cancellation table and procedure. Final premium c. the nature and location of any in- will not be less than the Minimum Pre- jury or damage arising out of the mium as shown in Item 3. of the Dec- "occurrence." larations. 2. If a "claim" or "suit" against any "In- 6. Premium adjustment may be made at sured" is reasonably likely to involve the time of cancellation or as soon as this policy you must notify us in writ- practicable thereafter but the cancella- ing as soon as practicable. tion will be effective even if we have 3. You and any other involved "Insured" not made or offered any refund due must: you. Our check or our representative's check, mailed or delivered, will be suf- a. immediately send us copies of ficient tender of any refund due you. any demands, notices, summons- 7. The first Named Insured in Item 1. of es or legal papers received in con- the Declarations will act on behalf of nection with the "claim" or all other "Insured's" with respect to "suit'; the giving and receiving of notice of b. authorize us to obtain records and can- other information; CU 60 02 06 97 (Page 11 of 15) c. cooperate with us in the inves- 1. to keep the policies listed in the Sched- __ tigation, settlement or defense of ule of Underlying Insurance in full the "claim" or "suit"; and force and effect; d. assist us, upon our request, in the 2. that any renewals or replacements of m••, enforcement of any right against the policies listed in the Schedule of any person or organization which Underlying Insurance will not be more may be liable to the "Insured" be- restrictive in coverage; cause of injury or damage to which this insurance may also ap- 3. that the Limits of Insurance of the poli- ply, cies listed in the Schedule of Under- lying Insurance will be maintained ex- 4. The "Insured's" will not, except at cept for any reduction or exhaustion of their own cost, voluntarily make a pay- aggregate limits by payment of ment, assume any obligation, or incur "claims" or "suits" for "occurrences" any expense, other than for first aid, covered by "underlying insurance"; without our consent. and G. Inspection 4. that the terms, conditions and endorse- __ menu of the policies listed in the We have the right, but are not obligated, Schedule of Underlying Insurance will to inspect the premises and operations of not change during the period of this any "Insured" at any time. Our inspections policy such as to increase the coverage are not safety inspections. They relate only afforded under this policy. to the insurability of the premises and op- erations of any "Insured" and the premi- If you fail to comply with these require- urns to be charged. We may give you re- ments, we will only be liable to the same ports on the conditions we find. We may extent that we would have been had you also recommend changes. While they may fully complied with these requirements. help reduce losses, we do not undertake to ,.� perform the duty of any person or organi- J. Other Insurance zation to provide for the health or safety of any employees or the public. We do not If other insurance applies to a loss that is warrant that the premises or operations of also covered by this policy, this policy will any "Insured" are safe or healthful or that apply excess of the other insurance. Noth- they comply with laws, regulations, codes ing herein will be construed to make thi or standards. policy subject to the terms, conditions an limitations of such other insurance. How- H. Legal Actions Against Us ever, this provision will not apply if the other insurance is specifically written to be There will be no right of action against us excess of this policy. under this insurance unless: c,e K. Premium 1. you have complied with all the terms of this policy; and The first Named Insured designated in Item 1. of the Declarations will be respon- 2. the amount you owe has been deter- sible for payment of all premiums when mined by settlement with our consent due. or by actual trial and final judgment; The premium for this policy will be corn- This insurance does not give anyone the puted on the basis set forth in Item 3. of right to add us as a party in an action the Declarations. At the beginning of the against you to determine your liability. policy period, you must pay us the Ad- vance Premium shown in Item 3. of the I. Maintenance of Underlying Insurance Declarations. During the period of this policy, you agree: When this policy expires or if it is can- celed, we will compute the earned pre- mium for the time this policy was in force. If this policy is subject to audit adjust- CU 60 02 06 97 (Page 12 of 15) ment, the actual exposure basis will be Expenses incurred in the exercise of rights used to compute the earned premium. If of recovery will be apportioned between the earned premium is greater than the the interests, including the "Insured," in Advance Premium, you will promptly pay the ratio of their respective recoveries as us the difference. If the earned premium is finally settled. less than the Advance Premium, we will return the difference to you. But in any N. Terms Conformed to Statute event we will retain the Minimum Pre- mium as shown in Item 3. of the Declara- The terms of this Policy which are in con- tions for each twelve months of our policy flict with the statutes of the state where period. this Policy is issued are amended to con- form to such statutes. L. Separation of Insureds If we are prevented by law or statute from Except with respect to our Limits of Insur- paying on behalf of an "Insured," then we ance and any rights or duties specifically will, where permitted by law or statute, assigned to the first Named Insured des- indemnify the "Insured" for those sums in ignated in Item 1. of the Declarations, this excess of the "retained limit." insurance applies: O. Transfer of Your Rights And Duties wilem1. as if each Named Insured were the Your rights and duties under this policy s 1101111111011111111111.111 only Named Insured; and may not be transferred without our written pow � 2. separately to each "Insured" against consent. whom "claim" is made or "suit" If you die or are legally declared bankrupt, brought. your rights and duties will be transferred M. Transfer of Rights of Recovery Against to your legal representative but only while Others to Us acting within the scope of duties as your legal representative. However, notice of PM, If any "Insured" has rights to recover all or cancellation sent to the first Named In- part of any payment we have made under sured designated in Item 1. of the Declara- this policy, those rights are transferred to tions and mailed to the address shown in us. The "Insured" must do nothing after this policy will be sufficient notice to effect loss to impair those rights and must help cancellation of this policy. us enforce them. P. When Loss Is Payable Any recoveries will be applied as follows: Coverage under this policy will not apply 1. any interests, including the "Insured," unless and until any "Insured" or an "In- that have paid an amount in excess of sured's" underlying insurer is obligated to ,., our payment under this policy will be pay the "retained limit." reimbursed first; o When the amount of loss has finally bee 2. we then will be reimbursed up to the determined, we will promptly pay on be- amount we have paid; and half of the "Insured" the amount of loss falling within the terms of this policy. 3. lastly, any interests, including the "In- sured," over which our insurance is You will promptly reimburse us for any excess, are entitled to claim the resi- amount within the Self-Insured Retention due. advanced by us at our discretion on behalf of any "Insured." CU 60 02 06 97 (Page 13 of 15) .., NUCLEAR ENERGY LIABILITY EXCLUSION This policy does not apply to: Canada, this Exclusion 2.c. applies only to "nuclear property damage" to such "nu- 1. Any liability, injury or damage: clear facility" and any property therein. a. with respect to which any "Insured" under 3. As used in this exclusion: the policy is also an "Insured" under a nuclear energy liability policy issued by a. "Hazardous properties" includes radioac- Nuclear Energy Liability Insurance Associ- tive, toxic or explosive properties. ation, Mutual Atomic Energy Liability Un- derwriters, Nuclear Insurance Association b. "Nuclear facility" means: of Canada or any of their successors, or would be an "Insured" under any such i. any "nuclear reactor"; MPS policy but for its termination upon exhaus- ii. any equipment or device designed or tion of its Limits of Insurance; or used for _._ b. resulting from the "hazardous properties" (1) separating the isotopes of urani- of "nuclear matenal and with respect to urn or plutonium, which (a) a person or organization is re- quired to maintain financial protection pur- (2) processing or utilizing "spent suant to the Atomic Energy Act of 1954, or fuel" or any law amendatory thereof, or (b) any "Insured" is, or had this policy not been (3) handling, processing or packaging �., issued would be, entitled to indemnity "nuclear waste"; from the United States of America, or any agency thereof, under any agreement en- iii. any equipment or device used for the tered into by the United States of America, processing, fabricating or alloying of or any agency thereof, with any person or "special nuclear material" if at any organization. time the total amount of such material in the custody of any "Insured" at the ,., 2. Any injury or "nuclear property damage" re- premises where such equipment or de- suiting from the "hazardous properties" of vice is located consists of or contains "nuclear material," if: more than 25 grams of plutonium o uranium 233 or any combination there- a. the "nuclear material" (a) is at any "nu- of, or more than 250 grams of uranium clear facility" owned by, or operated by or 235; on behalf of, any "Insured" or (b) has been discharged or dispersed therefrom; iv. any structure, basin, excavation, prem- ises or place prepared or used for the o b. the "nuclear material" is contained in storage or disposal of, "nuclear "spent fuel" or "nuclear waste" at any waste," and includes the site on which time possessed, handled, used, processed, any of the foregoing is located, all op- stored, transported or disposed of by or on erations considered on such site and behalf of any "Insured"; or all premises used for such operations. c. the injury or "nuclear property damage" c. "Nuclear material" means "source mate- arises out of the furnishing by any "In- rial," "special nuclear material" or by- sured" of services, materials, parts or product material. equipment in connection with the plan- ning, construction, maintenance, operation d. "Nuclear property damage" includes all or use of any "nuclear facility," but if such forms of radioactive contamination of facility is located within the United States property. of America, its territories or possessions or CU 60 02 06 97 (Page 14 of 15) e. "Nuclear reactor" means any apparatus g. "Source material," "special nuclear mate- designed or used to sustain nuclear fission rial," and "by-product material" have the in a self-supporting chain reaction or to meanings given them in the Atomic En- contain a critical mass of fissionable ma- ergy Act of 1954 or in any law amendatory terial. thereof. f. "Nuclear waste" means any nuclear waste h. "Spent fuel" means any fuel element or material (a) containing "by-product mate- fuel component, solid or liquid, which has rial" other than the tailings of nuclear been used or exposed to radiation in a waste produced by the extraction or con- "nuclear reactor." centration of uranium or thorium from any ore processed primarily for its "source ma- This endorsement does not change any other pro- tenal" content, and (b) resulting from the vision of the policy. operation by any person or organization o any "nuclear facility" included within th definition of "nuclear facility" under Para- _____'. graph 3.b.i. or 3.b.ii. In Witness Whereof, we have caused this policy to be executed and attested, but this policy will not be va lid unless countersigned by one of our duly authorized representatives, where required by law. -a a CU 60 02 06 97 (Page 15 of 15) 'NopN �s�erc�c�m�o�o,w,caa� auM,��w -�.::--r�M�•�loos 'r r no�mrow.e�,sygd ' �wvvv' vM"«a>acm s�a�c�awvv vmry� NWruu�o-•p,WA City of Round Rock Contract Forms General Conditions Section 00700 TABLE OF CONTENTS OF GENERAL CONDITIONS Article Page Number& Title Number 1. DEFINITIONS 2 2. PRELIMINARY MATTERS 5 3. CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE 7 4. AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; REFERENCE POINTS 8 5. BONDS AND INSURANCE 10 �.., 6. CONTRACTOR'S RESPONSIBILITIES 16 16 7. OTHER WORK 24 8. OWNER'S RESPONSIBILITIES 25 9. ENGINEER/ARCHITECT'S STATUS DURING CONSTRUCTION 26 10. CHANGES IN THE WORK 27 11. CHANGE OF CONTRACT AMOUNT 28 12. CHANGE OF CONTRACT TIMES 31 13. TESTS AND INSPECTIONS;AND CORRECTION OR REMOVAL OF DEFECTIVE WORK 32 14. PAYMENTS TO CONTRACTOR AND COMPLETION..................................................................................35. 35 15. SUSPENSION OF WORK AND TERMINATION 39 16. DISPUTE RESOLUTION 41 17 RIGHT TO AUDIT 42 18. MISCELLANEOUS 43 POR 00700 04-2020 Page 1 General Conditions 00443641 GENERAL CONDITIONS ARTICLE 1 -DEFINITIONS Whenever used in these General Conditions or in the other Contract Documents,the term printed with initial capital letters or all capital letters, including the term's singular and plural forms, will have the meaning indicated in the definitions below or as defined in these General Conditions or other Contract Documents: 1.1 Addenda - Written or graphic instruments issued prior to the receipt of Proposals or the opening of Bids that clarify, correct or change the proposal or bidding requirements or the Contract Documents. 1.2 Agreement-Prescribed form, referenced as Section 00500. 1.3 Alternative Dispute Resolution-The process by which a disputed Claim may be settled if the OWNER and the CONTRACTOR cannot reach an agreement between themselves, as an alternative to litigation. 1.4 Bid - Proposal of bidder on prescribed forms setting forth prices for performing the Work described in the Contract Documents. 1.5 Bid Documents-The advertisement or invitation for bids, instructions to bidders,the bid form,the Contract Documents and Addenda. 1.6 Calendar Day-Any day of the week; no days being excepted. Work on Saturdays, Sundays, and/or Legal Holidays shall only be conducted with prior express written consent of the OWNER. 1.7 Change Directive-A written directive to the CONTRACTOR, signed by the OWNER, ordering a change in the Work and stating a proposed basis for adjustment, if any, in the Contract Amount or Contract Time, or both. A Change Directive may be used in the absence of total agreement on the terms of a Change Order. A Change Directive does not change the Contract Amount or Contract Time, but is evidence that the parties expect that the change directed or documented by a Change Directive will be incorporated in a subsequently issued Change Order. 1.8 Change Orders - Written agreements entered into between the CONTRACTOR and the OWNER authorizing an addition,deletion,or revision to the Contract, issued on or after the Execution Date of the Agreement and within the Contract term. 1.9 Claim - A written demand seeking, as a matter of right, adjustment or interpretation of Contract terms, payment of money, extension of time or other relief with respect to the terms of the Contract. 1.10 Contract - The Contract represents the entire and integrated agreement between the OWNER and the CONTRACTOR for performance of the Work, as evidenced by the Contract Documents. 1.11 Contract Amount-The amount payable by the OWNER to the CONTRACTOR for completion of the Work in accordance with the Contract Documents. 1.12 Contract Documents - Includes the Invitation to Bid, Instructions to Bidders, Agreement, General �-+ Conditions, Supplemental General Conditions, Special Conditions, Specifications, Project Manual, Drawings, Addenda and Change Orders. 1.13 Contract Time-The number of days allowed for completion of the Work as defined by the Contract. When any period is referred to in days, it will be computed to exclude the first and include the last day of such period. A day of twenty-four(24) hours measured from midnight to the next midnight will constitute a day. 1.14 CONTRACTOR - The individual, firm, corporation, or other business entity with whom the OWNER has entered into the Contract. 00700 04-2020 Page 2 General Conditions Pein 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 op, 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. oim 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 OOP Thanksgiving Day Fourth Thursday in November Friday after Thanksgiving Friday after Thanksgiving Christmas Eve December 24 Christmas Day December 25 00700 04-2020 Page 3 General Conditions 1.23.2 If a Legal Holiday falls on Saturday, it will be observed on the preceding Friday. If a Legal Holiday falls on Sunday, it will be observed on the following Monday. 1.23.3 If Christmas Eve falls on a Saturday or a Sunday, the preceding Friday is observed as the Christmas Eve holiday. 1.23.4 If Christmas Day falls on a Saturday or a Sunday, the following Monday is observed as the Christmas Day holiday. 1.24 Milestones-A significant event specified in the Contract Documents relating to an intermediate completion date or time prior to Substantial Completion of all the Work. 1.25 Notice to Proceed - A Written Notice given by the OWNER to the CONTRACTOR notifying the CONTRACTOR to commence the Work and which may also fix the date on which the Contract Times will commence to run and on which the CONTRACTOR shall start to perform the CONTRACTOR's obligations under the Contract Documents. 1.26 OWNER-The City of Round Rock,Texas, a municipal corporation, home-rule city and political subdivision organized and existing under the laws of the State of Texas, acting through the City Manager or his/her designee, officers, agents or employees to administer design and construction of the Project. 1.27 Owner's Representative-The designated representative of the OWNER. 1.28 Partial Occupancy or Use- Use by the OWNER of a partially completed part of the Work for the purpose for which it is intended (or a related purpose) prior to Substantial Completion of all the Work. 1.29 Project-The total construction of which the Work to be provided under the Contract Documents may be the whole, or a part, as indicated elsewhere in the Contract Documents. 1.30 Project Manual - That portion of the Contract Documents which may include the following: introductory information; bidding requirements, Contract forms and General and Supplemental General Conditions; General Requirements; Specifications; Drawings; Project Safety Manual; and Addenda. 1.31 Proposal-Proposal of Offeror, on prescribed forms setting forth prices for performing the Work described in the Contract Documents. 1.32 Proposal Documents-The advertisement or invitation for Proposals, Instruction to Offerors, the Proposal form, the Contract Documents and Addenda. 1.33 Resident Project Representative - The authorized representative of E/A who may be assigned to the site or any part thereof. 1.34 Shop Drawings -All drawings, diagrams, illustrations, schedules and other data or information which are specifically prepared or assembled by or for the CONTRACTOR and submitted by the CONTRACTOR as required by the Contract Documents. ---- 1.35 Specifications - Those portions of the Contract Documents consisting of written technical descriptions as applied to the Work, which set forth to the CONTRACTOR, in detail, the requirements which must be met by all materials, equipment, construction systems, standards,workmanship, equipment and services in order to render a completed and useful project. 1.36 Substantial Completion - The stage in the progress of the Work when the Work, or designated portions thereof, may still require minor modifications or adjustments but, in the OWNER's opinion,the Work has progressed „o, 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. 0.) 00700 04-2020 Page 5 General Conditions 2.3 Commencement of Contract Times; Notice to Proceed: 0.1 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 04-2020 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 Amending and Supplementing Contract Documents: 3.3.1 The Contract Documents may be amended to provide for additions, deletions and revisions in the Work or to modify the terms and conditions thereof in one or more of the following ways: .1 Change Order. .2 Change Directive. 3.3.2 In addition, the requirements of the Contract Documents may be supplemented, and minor variations and deviations in the Work may be authorized, in one or more of the following ways: .1 Field Order. .2 Review of a Shop Drawing or sample. .3 Written interpretation or clarification. 3.4 Reuse of Documents Prohibited: The CONTRACTOR and any Subcontractor or Supplier or other person or organization performing or furnishing any of the Work under a direct or indirect contract with the OWNER: (i) shall not have or acquire any title to or ownership rights in any of the Drawings, Specifications or other documents (or copies of any thereof) prepared by or bearing the seal of E/A or E/A's consultants, and (ii)shall not reuse any of such Drawings, Specifications, other documents or copies on extensions of the Project or any other project without written consent of the OWNER and E/A. ARTICLE 4-AVAILABILITY OF LANDS;SUBSURFACE AND PHYSICAL CONDITIONS; REFERENCE POINTS 4.1 Availability of Lands: The OWNER shall furnish, as indicated in the Contract Documents, all required rights to use the lands upon which the Work is to be performed, rights-of-way and easements for access thereto, and such other lands which are designated for the use of the CONTRACTOR. The OWNER shall identify any encumbrances or restrictions not of general application but specifically related to use of lands so furnished with which the CONTRACTOR will have to comply in performing the Work. Easements for permanent structures or permanent changes in existing facilities will be obtained and paid for by the OWNER, unless otherwise provided in the Contract Documents. If the OWNER fails to furnish these lands, rights-of-way or easements in a timely manner,the CONTRACTOR may make a Claim for adjustments in the Contract Times. The CONTRACTOR shall provide for all additional lands and access thereto that may be required for temporary construction facilities or storage of materials and equipment. 4.2 Subsurface and Physical Conditions: 4.2.1 The CONTRACTOR hereby covenants that it has examined the site of the proposed Work and is familiar with all of the conditions surrounding construction of the Project, having conducted all inquiries, tests and investigations deemed necessary and proper. Unless the CONTRACTOR, prior to the execution of the Agreement, has notified the OWNER in writing of any condition of the site of the proposed Work that would adversely impact 00700 04-2020 Page 8 General Conditions the performance of the Work by the CONTRACTOR, CONTRACTOR covenants that there are no conditions at the site of the proposed work which would adversely impact the performance of Work by the CONTRACTOR. 4.2.2 If conditions are encountered at the site which are (1) subsurface or otherwise concealed physical conditions that differ materially from those indicated in the Contract Documents or(2) unknown physical conditions of an unusual nature, that differ materially from those normally encountered in the type of work being performed under this Contract, then notice by the observing party shall be given to the other party promptly before conditions are disturbed and in no event later than seven (7) calendar days after first observance of the conditions. Owner's Representative will promptly investigate such conditions with E/A and, if they differ materially and cause an increase __. or decrease in the CONTRACTOR's cost of,or time required for, performance of any part of the Work, OWNER will consider an equitable adjustment in the Contract Amount or Contract Time, or both. If Owner's Representative determines that the conditions at the site are not materially different from those indicated in the Contract Documents and that no change in the terms of the Contract is justified, the CONTRACTOR shall be notified in writing, stating --- the reasons. Any disputes arising from Owner's Representative's determination shall be resolved in accordance with Article 16. 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. 0, 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: 4m, 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 mim 5.1 Surety and Insurance Companies: All bonds and insurance required by the Contract Documents shall be obtained from solvent surety or insurance "'" companies that are duly licensed by the State of Texas and authorized to issue bonds or insurance policies for the limits and coverages required by the Contract Documents. The bonds shall be in a form acceptable to the OWNER and shall be issued by a surety which complies with the requirements of Chapter 3503, Texas Insurance Code (2005)and which is otherwise acceptable to the OWNER. OWNER may require the surety to obtain reinsurance for any portion of the risk that exceeds 10% of the surety's capital and surplus. For bonds exceeding $100,000, the surety must also hold a certificate of authority from the ,.., U.S. Secretary of the Treasury or have obtained reinsurance from a reinsurer that is authorized as a reinsurer in Texas and holds a certificate of authority from the U.S. Secretary of the Treasury. 5.2 Workers'Compensation Insurance Coverage: 5.2.1 Definitions: .1 Certificate of coverage ("certificate") -A copy of a certificate of insurance, a certificate of authority to self-insure issued by the commission, or a coverage agreement showing statutory workers' compensation insurance coverage for the person's or entity's employees providing services on the Project,for the duration of the Project. .__ .2 Duration of the Project - includes the time from the beginning of the Work on the Project until the CONTRACTOR'S/person's Work on the Project has been completed and accepted by the OWNER. .3 Persons providing services on the Project ("subcontractor" herein) - includes all persons or entities performing all or part of the services the CONTRACTOR has undertaken to perform on the Project, regardless of whether that person contracted directly with the CONTRACTOR and regardless of whether that person has employees. This includes, by way of illustration and not of limitation, 00700 04-2020 Page 10 General Conditions independent contractors, Subcontractors, leasing companies, motor carriers, owner-operators, employees of any such entity, or employees of any entity which furnishes persons to provide services on the Project. "Services" include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project. "Services"does not include activities unrelated to the Project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. 5.2.2 The CONTRACTOR shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44)for all employees of the CONTRACTOR providing services on the Project, for the duration of the Project. 5.2.3 The OWNER will not execute the Contract prior to the CONTRACTOR providing all required certificates of coverage. 5.2.4 If the coverage period shown on the CONTRACTOR's current certificate of coverage ends during the duration of the Project, the CONTRACTOR must, prior to the end of the coverage period, file a new certificate of 'p." 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. owo 5.2.8 The CONTRACTOR shall post at its office or on each Project site a notice, in the text, form and manner prescribed by the Texas Workers' Compensation Commission, informing all persons providing services on the Project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage. 5.2.9 The CONTRACTOR shall contractually require each person with whom it contracts to provide services on a Project to: .1 provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44)for all of its employees providing services on the Project, for the duration of the Project; .2 provide to the CONTRACTOR, prior to that person beginning Work on the Project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the Project, for the duration of the Project; .3 provide the CONTRACTOR, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the Project; 00700 04-2020 Page 11 General Conditions .4 obtain from each other person with whom it contracts, and provide to the CONTRACTOR: a) a certificate of coverage, prior to the other person beginning Work on the Project; and b) a new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the Project; .5 retain all required certificates of coverage on file for the duration of the Project and for one (1) year thereafter; .6 notify the OWNER in writing by certified mail or personal delivery within ten (10)days after the person knew or should have known of any change that materially affects the provision of coverage of any MOM person providing services on the Project; and .7 contractually require each person with whom it contracts,to perform as required by paragraphs 5.2.9.1 - 5.2.9.7, with the certificates of coverage to be provided to the person for whom they are providing services. 5.2.10 By signing this Contract or providing or causing to be provided a certificate of coverage, the CONTRACTOR is representing to the OWNER that all employees of the CONTRACTOR who will provide services on the Project will be covered by workers'compensation coverage for the duration of the Project,that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self-insured, with the commission's Division of Self-Insurance Regulation. Providing false or misleading information may subject the CONTRACTOR to administrative penalties, criminal penalties, civil penalties, or other civil actions. 5.2.11 The CONTRACTOR's failure to comply with any of these provisions is a breach of Contract by the CONTRACTOR which entitles the OWNER to declare the Contract void if the CONTRACTOR does not remedy the breach within ten (10)days after receipt of notice of breach from the OWNER. 5.3 Contractor Insurance Requirements: For specific bond requirements and additional insurance requirements, refer to the Supplemental General Conditions. 5.3.1.1 General Requirements: .1 CONTRACTOR shall carry insurance in the types and amounts indicated below for the duration of the Contract, which shall include items owned by OWNER in the care, custody and control of CONTRACTOR prior to and during construction and warranty period. .2 CONTRACTOR must complete and forward the required Certificates of Insurance to OWNER before the Contract is executed as verification of coverage required below. CONTRACTOR shall not commence Work until the required insurance is obtained and until such insurance has been reviewed by OWNER. Approval of insurance by OWNER shall not relieve or decrease the liability of CONTRACTOR hereunder and shall not be construed to be a limitation of liability on the part of CONTRACTOR. CONTRACTOR must also complete and forward the required Certificates of Insurance to OWNER whenever a previously identified policy period has expired as verification of continuing coverage. .3 CONTRACTOR's insurance coverage is to be written by companies licensed to do business in the State of Texas at the time the policies are issued and shall be written by companies with A.M. Best ratings of B+VII or better, except for hazardous material insurance which shall be written by companies with A.M. Best ratings of A-or better. 00700 04-2020 Page 12 General Conditions .4 All endorsements naming the OWNER as additional insured, waivers, and notices of cancellation endorsements as well as the Certificate of Insurance shall indicate: City of Round Rock, 221 E. •� Main St., Round Rock, Texas 78664. .5 The "other" insurance clause shall not apply to the OWNER where the OWNER is an additional insured shown on any policy. It is intended that policies required in the Contract, covering both OWNER and CONTRACTOR, shall be considered primary coverage as applicable. .6 If insurance policies are not written for amounts specified below, CONTRACTOR shall carry Umbrella or Excess Liability Insurance for any differences in amounts specified. If Excess Liability Insurance is provided, it shall follow the form of the primary coverage. .7 OWNER shall be entitled, upon request and without expense,to receive certified copies of policies and endorsements thereto and may make any reasonable requests for deletion or revision or modification of particular policy terms, conditions, limitations, or exclusions except where policy provisions are established by law or regulations binding upon either of the parties hereto or the underwriter on any such policies. .8 OWNER reserves the right to review the insurance requirements set forth during the effective period of this Contract and to make reasonable adjustments to insurance coverage, limits, and exclusions when deemed necessary and prudent by OWNER based upon changes in statutory law, court decisions, the claims history of the industry or financial condition of the insurance company as well as CONTRACTOR. .9 CONTRACTOR shall not cause any insurance to be canceled nor permit any insurance to lapse during the term of the Contract or as required in the Contract. .10 CONTRACTOR shall be responsible for premiums, deductibles and self-insured retentions, if any, stated in policies. All deductibles or self-insured retentions shall be disclosed on the Certificate of Insurance. .11 CONTRACTOR shall provide OWNER thirty (30) days written notice of erosion of the aggregate limits below occurrence limits for all applicable coverages indicted within the Contract. .12 If OWNER-owned property is being transported or stored off-site by CONTRACTOR, then the appropriate property policy will be endorsed for transit and storage in an amount sufficient to protect OWNER's property. .13 The insurance coverages required under this contract are required minimums and are not intended to limit the responsibility or liability of CONTRACTOR. 5.3.1.2 Business Automobile Liability Insurance. Provide coverage for all owned, non-owned and hired vehicles. The policy shall contain the following endorsements in favor of OWNER: a) Waiver of Subrogation endorsement TE 2046A; b) 30 day Notice of Cancellation endorsement TE 0202A; and c) Additional Insured endorsement TE 9901 B. Provide coverage in the following types and amounts: 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 Workers'Compensation and Employers' Liability Insurance: Coverage shall be consistent with statutory benefits outlined in the Texas Workers' Compensation Act (Section 401). CONTRACTOR shall assure compliance with this Statute by submitting two(2)copies of a standard certificate of coverage (e.g. ACCORD form) to Owner's Representative for every person providing services on the Project as acceptable proof of coverage. The required Certificate of Insurance must be presented as evidence of coverage for CONTRACTOR. Workers' Compensation Insurance coverage written by the Texas Workers Compensation Fund is acceptable to OWNER. CONTRACTOR's policy shall apply to the State of Texas and include these endorsements in favor of OWNER: a) Waiver of Subrogation,form WC 420304; and b) 30 day Notice of Cancellation, form WC 420601. The minimum policy limits for Employers' Liability Insurance coverage shall be as follows: .1 $100,000 bodily injury per accident, $500,000 bodily injury by disease policy limit and $100,000 bodily injury by disease each employee. 5.3.1.4 Commercial General Liability Insurance. The Policy shall contain the following provisions: a) Blanket contractual liability coverage for liability assumed under the Contract and all contracts relative to this Project. b) Completed Operations/Products Liability for the duration of the warranty period. c) Explosion, Collapse and Underground (X, C& U)coverage. d) Independent Contractors coverage. e) Aggregate limits of insurance per project, endorsement CG 2503. f) OWNER listed as an additional insured, endorsement CG 2010. g) 30 day notice of cancellation in favor of OWNER, endorsement CG 0205. h) Waiver of Transfer of Recovery Against Others in favor of OWNER, endorsement CG 2404. Provide coverages A&B with minimum limits as follows: .1 A combined bodily injury and property damage limit of$500,000 per occurrence. 5.3.1.5 Builders' Risk Insurance. CONTRACTOR shall maintain Builders' Risk Insurance or Installation Insurance on an all risk physical loss form in the Contract Amount. Coverage shall continue until the Work is accepted by OWNER. OWNER shall be a loss payee on the policy. If off site storage is permitted,coverage shall include transit and storage in an amount sufficient to protect property being transported or stored. 5.4 Bonds: 00700 04-2020 Page 14 General Conditions 5.4.1 General. .1 Bonds, when required, shall be executed on forms furnished by or acceptable to OWNER. All bonds signed by an agent must be accompanied by a certified copy of such agent's authority to act. .2 If the surety on any bond furnished by CONTRACTOR is declared bankrupt or becomes insolvent or its right to do business is terminated in the State of Texas or it ceases to meet the requirements mom 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. mom 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 CONTRACTOR shall have an English-speaking, competent Superintendent on the Work at all times that work is in progress. Upon request of Owner's Representative, the CONTRACTOR shall present the resume of the proposed Superintendent to Owner's Representative showing evidence of experience and successful superintendence and direction of work of a similar scale and complexity. If, in the opinion of Owner's Representative, the proposed Superintendent does not indicate sufficient experience in line with the Work, he/she pi" will will not be allowed to be the designated Superintendent for the Work. The Superintendent shall not be replaced without Written Notice to Owner's Representative. If the CONTRACTOR deems it necessary to replace the Superintendent, the CONTRACTOR shall provide the necessary information for approval, as stated above, on the proposed new Superintendent. A qualified substitute Superintendent may be designated in the event that the designated Superintendent is temporarily away from the Work, but not to exceed a time limit acceptable to Owner's Representative. The CONTRACTOR shall replace the Superintendent upon the OWNER's request in the event the Superintendent is unable to perform to the OWNER's satisfaction. The Superintendent will be the CONTRACTOR's representative on the Work and shall have the authority to act on behalf of the CONTRACTOR. All communications given to the Superintendent shall be as binding as if given to the CONTRACTOR. Either the CONTRACTOR or the Superintendent shall provide an emergency and home telephone number at which one or the other may be reached if necessary when work is not in progress. 6.2 Labor, Materials and Equipment: 6.2.1 The CONTRACTOR agrees to employ only orderly and competent workers, skillful in performance of the type of Work required under this Contract. The CONTRACTOR, Subcontractors, Sub-subcontractors, and their employees may not use or possess any firearms, alcoholic or other intoxicating beverages, illegal drugs or controlled substances while on the job or on the OWNER's property, nor may such workers be intoxicated, or under the influence of alcohol or drugs, on the job. If the OWNER or Owner's Representative notifies the CONTRACTOR that any worker is incompetent, disorderly or disobedient, has knowingly or repeatedly violated safety regulations, has possessed any firearms, or has possessed or was under the influence of alcohol or drugs on the job, the CONTRACTOR shall immediately remove such worker from performing Contract Work, and may not employ such worker again on Contract Work without the OWNER's prior written consent. The CONTRACTOR shall at all times maintain good discipline and order on or off the site in all matters pertaining to the Project. The CONTRACTOR shall pay workers no less than the wage rates established in Section 00900, and maintain weekly payroll reports as MR, evidence thereof. 6.2.2 Unless otherwise specified, the CONTRACTOR shall provide and pay for all materials, equipment, labor, transportation, construction equipment and machinery,tools, appliances, fuel, power, light, heat, telephone,water, sanitary facilities, temporary facilities and all other facilities and incidentals necessary for the furnishing, performance, re-testing of defective work, start-up and completion of the Work. 6.2.3 All materials and equipment shall be of good quality and new (including new products made of recycled materials), except as otherwise provided in the Contract Documents. If required by Owner's Representative, the CONTRACTOR shall furnish satisfactory evidence (reports of required tests, manufacturer's certificates of compliance with material requirements, mill reports, etc.) as to the kind, quantity and quality of materials and equipment. All materials and equipment shall be applied, installed, connected, erected, used, cleaned and conditioned in accordance with instructions of the applicable Supplier, except as otherwise provided in the Contract Documents. 00700 04-2020 Page 16 General Conditions pipm.A 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 PM, "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 .., encompassing, in whole or in part, any design, device, material, or process utilized, directly or indirectly, in the performance of the Work or the formulation or presentation of its Bid. 00700 04-2020 Page 18 General Conditions 6.5.2 The CONTRACTOR shall pay all royalties and license fees and shall provide, prior to commencement of Work hereunder and at all times during the performance of same, for lawful use of any design, device, material or process covered by letters, patent or copyright by suitable legal agreement with the patentee, copyright holder, or their duly authorized representative whether or not a particular design, device, material, or process is specified by the OWNER. 6.5.3 The CONTRACTOR shall defend all suits or claims for infringement of any patent or copyright and shall indemnify and save the OWNER harmless from any and all claims,costs, losses,expenses and damages(including but not limited to attorneys fees and consultant fees),direct or indirect, arising with respect to the CONTRACTOR's process in the formulation of its bid or the performance of the Work or otherwise arising in connection therewith. The OWNER reserves the right to provide its own defense,with counsel of its own choosing,to any suit or claim of infringement of any patent or copyright in which event the CONTRACTOR shall indemnify and save harmless the OWNER from all costs and expenses of such defense as well as satisfaction of all judgments entered against the --- OWNER. 6.5.4 The OWNER shall have the right to stop the Work and/or terminate this Agreement at any time in the event the CONTRACTOR fails to disclose to the OWNER that the CONTRACTOR's work methodology includes the use of any infringing design, device, material or process. 6.6 Permits, Fees: Unless otherwise provided in the Supplemental General Conditions, the CONTRACTOR shall obtain and pay for all construction permits, licenses and fees required for prosecution of the Work. OWNER will obtain and pay for the following permits, licenses and/or fees, if required: .1 Site Development Permit. .2 Building Permit(s). .3 Texas Department of Transportation permit for work in State rights-of-way. .4 Railroad Utility License Agreement. 6.7 Laws and Regulations: 6.7.1 The CONTRACTOR shall give all notices and comply with all laws and regulations applicable to furnishing and performing the Work. Except where otherwise expressly required by applicable laws and regulations, neither the OWNER nor E/A shall be responsible for monitoring the CONTRACTOR's compliance with any laws and regulations. 6.7.2 The CONTRACTOR shall plan and execute its operations in compliance with all applicable Federal, State and local laws and regulations, including those concerning control and abatement of water pollution and prevention and control of air pollution. 6.7.3 If the CONTRACTOR performs any Work that it is contrary to laws or regulations,then the CONTRACTOR shall bear and shall indemnify, defend and hold OWNER harmless from all claims, costs, losses and damages arising therefrom; however, it shall not be the CONTRACTOR's primary responsibility to make certain that the Specifications and Drawings are in accordance with laws and regulations, but this does not relieve the CONTRACTOR of the CONTRACTOR'S obligations under Article 3. 6.8 Taxes: 6.8.1 The CONTRACTOR shall pay all sales, consumer, use and other similar taxes required to be paid by the CONTRACTOR in accordance with the laws and regulations of the State of Texas. 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 CONTRACTOR shall assume full responsibility for any damage to any such land or area, or to the owner or occupant thereof or of any adjacent land or areas, resulting from the performance of the Work. Should any claim be made by any such owner or occupant because of the performance of the Work, the CONTRACTOR shall promptly settle with such other party by negotiation or otherwise resolve the claim by dispute resolution proceeding or at law. The CONTRACTOR shall indemnify, defend and hold harmless the OWNER, E/A, EtA's consultants and anyone directly or indirectly employed by any of them from and against all claims, costs, losses and damages (including court costs and reasonable attorneys'fees) arising out of or resulting from any claim or action, legal or equitable, brought by any such owner or occupant against the OWNER, E/A or any other party indemnified hereunder to the extent caused by or based upon performance of the Work or failure to perform the Work. 6.9.2 During the progress of the Work and on a daily basis, the CONTRACTOR shall keep the premises free from accumulations of waste materials, rubbish and other debris resulting from the Work. At the completion of the Work, the CONTRACTOR shall remove all waste materials, rubbish and debris from and about the premises as well as all tools, appliances, construction equipment and machinery and surplus materials. The CONTRACTOR shall leave the site clean and ready for occupancy by the OWNER at Substantial Completion of the Work. The CONTRACTOR shall, at a minimum, restore to original condition all property not designated for alteration by the Contact Documents. 6.9.3 The CONTRACTOR shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall the CONTRACTOR subject any part of the Work or adjacent property to stresses or pressures that will endanger it. 6.10 Record Documents: The CONTRACTOR shall maintain in a safe place at the site, or other location acceptable to the OWNER, one (1) --- record copy of all Drawings, Specifications,Addenda, Change Orders, Change Directives, Field Orders and written interpretations and clarifications (issued pursuant to paragraph 9.5) in good order and annotated to show all changes made during construction. These record documents, together with all final samples and all final Shop Drawings,will be available to the OWNER and E/A for reference during performance of the Work. Upon Substantial Completion of the Work, these record documents, samples and Shop Drawings showing the final "as built' construction of the Project shall be promptly delivered to Owner's Representative. 6.11 Safety and Protection: 6.11.1 The CONTRACTOR shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work. Upon request,and prior to installation of measures,the CONTRACTOR shall submit a site security and safety plan for approval by the OWNER. By reviewing the plan or making recommendations or comments, the OWNER will not assume liability nor will the CONTRACTOR be relieved of liability for damage, injury or loss. The CONTRACTOR shall take all necessary precautions for the safety of and shall provide the necessary protection to prevent damage, injury or loss to: .1 all persons on the Work site or who may be affected by the Work; .2 all the Work and materials and equipment to be incorporated therein, whether in storage on or off the site; and 00700 04-2020 Page 20 General Conditions .3 other property at the site or adjacent thereto, including but not limited to, trees, shrubs, lawns, walks, pavements, roadways, structures, utilities and underground facilities not designated for removal, relocation or replacement in the course of construction. 6.11.2 The CONTRACTOR shall comply with all applicable laws and regulations of any public body having jurisdiction for safety of persons or property or to protect them from damage, injury or loss; and shall erect and maintain all necessary safeguards for such safety and protection. The CONTRACTOR shall notify owners of adjacent property and of underground facilities, and utility owners when prosecution of the Work may affect them, and shall cooperate with them in the protection, removal, relocation and replacement of their property. All damage, injury or loss to any property referred to in paragraph 6.11.1.2 and paragraph 6.11.1.3 caused, directly or indirectly, in whole or in part, by the CONTRACTOR, Subcontractor, Supplier or any person or organization directly or indirectly employed by any of them to perform or furnish any of the Work or anyone for whose acts any of them may be responsible, shall be remedied by the CONTRACTOR (except damage or loss attributable to the fault of MX+ 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. ORM 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 ma, 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. ,.,m 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 EtA'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: 00700 04-2020 Page 22 General Conditions 0, 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 omit unusual obstructions or difficulties which may be encountered in prosecution of the Work, shall be sustained and borne by the CONTRACTOR at its own cost and expense. 6.17 Notice of Claim: Should the CONTRACTOR suffer injury or damage to person or property because of any error, omission or act of "" the OWNER or of any of the OWNER's employees or agents or others for whose acts the OWNER is liable,a Claim will be made to the other party within thirty (30) calendar days of the event giving rise to such injury or damage. The provisions of this paragraph 6.17 shall not be construed as a substitute for or a waiver of the provisions of any applicable statute of limitations, statute of repose, or any other provision of the Contract Documents. 6.18 Liquidated Damages: ----- At set forth in the Agreement,paragraph 1.2,the CONTRACTOR or its Surety shall be liable for Liquidated Damages for the CONTRACTOR's failure to timely complete the Work or any portion thereof within the Contract Time. See Supplemental Conditions for amount of Liquidated Damages. ARTICLE 7-OTHER WORK ,^ 7.1 The OWNER may perform other work related to the Project at the site by the OWNER's own forces, or let other contracts therefor, or have other work performed by utility owners. If the CONTRACTOR believes that delay or additional cost is involved because of such action by the OWNER, the CONTRACTOR may make a Claim as provided in Article 11 or Article 12. 7.2 The CONTRACTOR shall afford other contractors who are in a contract with the OWNER and each utility owner(and the OWNER, if the OWNER is performing the additional work with the OWNER's employees) proper and safe access to the site and a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such other work and shall properly connect and coordinate the Work with theirs. Unless otherwise provided in the Contract Documents, the CONTRACTOR shall do all cutting, fitting and patching of the Work that may be required to make its several parts come together properly and integrate with such other work. The CONTRACTOR shall not endanger any work of others by cutting, excavating or otherwise altering their work and will only cut or alter their work with the written consent of Owner's Representative and the other contractors whose work will be affected. The CONTRACTOR shall promptly remedy damage caused by the CONTRACTOR to completed or partially completed construction or to property of the OWNER or separate contractors. 7.3 If the proper execution or results of any part of the CONTRACTOR's Work depends upon work performed by others under this Article 7, the CONTRACTOR shall inspect such other work and promptly report to Owner's Representative in writing any delays, defects or deficiencies in such other work that render it unavailable or unsuitable for the proper execution and results of the CONTRACTOR's Work. The CONTRACTOR's failure to report will constitute an acceptance of such other work as fit and proper for integration with the CONTRACTOR'S Work except for latent or non-apparent defects and deficiencies in such other work. 7.4 The OWNER shall provide for coordination of the activities of the OWNER'S own forces and of each separate contractor with the Work of the CONTRACTOR, who shall cooperate with them. The CONTRACTOR shall participate with other separate contractors and Owner's Representative in reviewing their construction schedules when directed to do so. The CONTRACTOR shall make any revisions to the construction schedule deemed necessary after a joint review and mutual agreement. The construction schedules shall then constitute the schedules to be used by the CONTRACTOR, separate contractors and the OWNER until subsequently revised. 7.5 Unless otherwise stated herein, costs caused by delays or by improperly timed activities or defective construction shall be borne by the party responsible therefor. 7.6 If CONTRACTOR damages,delays,disrupts or interferes with the work of any other contractor,or any utility owner performing other work at or adjacent to the site of the Project, through CONTRACTOR'S failure to take reasonable and customary measures to avoid such impacts, or if any claim arising out of CONTRACTOR's actions, 00700 04-2020 Page 24 General Conditions inactions or negligence in performance of the Work at or adjacent to the site of the Project is made by any such other contractor or utility owner against CONTRACTOR, OWNER, or E/A, then CONTRACTOR shall (1) promptly ---- attempt to settle the claim as to all parties through negotiations with such other contractor or utility owner, or otherwise resolve the claim by arbitration or other dispute resolution proceeding or at law,and(2)INDEMNIFY AND HOLD HARMLESS THE INDEMNIFIED PARTIES, INCLUDING, BUT NOT LIMITED TO THE E/A FROM AND AGAINST ANY SUCH CLAIMS,AND AGAINST ALL COSTS,LOSSES,AND DAMAGES(INCLUDING BUT NOT LIMITED TO ALL FEES AND CHARGES OF ENGINEERS, ARCHITECTS, ATTORNEYS, AND OTHER PROFESSIONALS AND ALL COURT OR ARBITRATION OR OTHER DISPUTE RESOLUTION COSTS) ARISING OUT OF OR RELATING TO SUCH DAMAGE, DELAY, DISRUPTION,OR INTERFERENCE. ARTICLE 8-OWNER'S RESPONSIBILITIES 8.1 Prior to the start of construction, the OWNER will designate in writing a person or entity to act as Owner's pm, 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 taw, 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: "Ns 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 Fa, of any authority, duties or responsibilities to E/A under the Contract Documents, or under any agreement between the OWNER and E/A, or any undertaking, exercise or performance thereof by E/A, is intended to be for the sole and exclusive benefit of the OWNER and is not for the benefit of the CONTRACTOR, Subcontractor, Sub- subcontractor, Supplier, or any other person or organization, or for any surety or employee or agent of any of them. 9.1.2 E/A will not supervise, direct, control or have authority over or be responsible for the CONTRACTOR's means, methods, techniques, sequences or procedures of construction, or the safety precautions and programs incident thereto. E/A is not responsible for any failure of the CONTRACTOR to comply with laws and regulations applicable to the furnishing or performing the Work. E/A is not responsible for the CONTRACTOR'S failure to perform or furnish the Work in accordance with the Contract Documents. Failure or omission of E/A to discover, or object to or condemn any defective Work or material shall not release the CONTRACTOR from the obligation to properly and fully perform the Work. 9.1.3 E/A is not responsible for the acts or omissions of the CONTRACTOR, or of any Subcontractor, any Supplier, or of any other person or organization performing or furnishing any of the Work. 9.1.4 If the OWNER so directs, E/A will review the final Application for Payment and accompanying documentation and all maintenance and operating instructions, schedules, guarantees, bonds and certificates of inspection,tests and approvals and other documentation required to be delivered by Article 14,but only to determine generally that their content complies with the requirements of, and in the case of certificates of inspections, tests and approvals that the results certified indicate compliance with, the Contract Documents. 9.1.5 The limitations upon authority and responsibility set forth in this paragraph 9.1 shall also apply to E/A's Consultants, Resident Project Representative and assistants. 9.2 E/A as Owner's Representative: 9.2.1 E/A may be designated as Owner's Representative under paragraph 8.1. 9.3 Visits to Site: If the OWNER so directs, E/A will make visits to the site at intervals appropriate to the various stages of construction as is necessary in order to observe as an experienced and qualified design professional the progress that has been made and the quality of the various aspects of the CONTRACTOR's executed Work. Based on information obtained during such visits and observations, E/A will endeavor for the benefit of the OWNER to determine if the Work is proceeding in accordance with the Contract Documents. E/A will not be required to make exhaustive or continuous on-site inspections to check the quality or quantity of the Work. E/A's efforts will be directed toward providing for the OWNER a greater degree of confidence that the completed Work will conform to the Contract Documents. On the basis of such visits and on-site observations, E/A will keep the OWNER informed of the progress of the Work and will endeavor to guard the OWNER against defective Work. EtA's visits and on-site observations are subject to all the limitations on E/A's authority and responsibility set forth in paragraph 9.1. 9.4 Project Representative: If the OWNER and E/A agree, E/A will furnish a Resident Project Representative to assist E/A in providing more continuous observation of the Work. The responsibilities and authority and limitations of any such Resident Project Representative and assistants will be as provided in paragraph 9.1 and in the Supplemental General Conditions. The OWNER may designate another representative or agent to represent the OWNER at the site who is not E/A, EtA's consultant, agent or employee. 9.5 Clarifications and Interpretations: E/A may determine that written clarifications or interpretations of the requirements of the Contract Documents (in the form of drawings or otherwise) are necessary. Such written clarifications or interpretations will be consistent with the intent of and reasonably inferable from the Contract Documents,will be issued with reasonable promptness by Owner's Representative and will be binding on the OWNER and the CONTRACTOR. If the OWNER or the 00700 04-2020 Page 26 General Conditions CONTRACTOR believes that a written clarification or interpretation justifies an adjustment in the Contract Amount or the Contract Times, the OWNER or the CONTRACTOR may make a Claim therefor as provided in Article 11 or Article 12. 9.6 Rejecting Defective Work: E/A may recommend that the OWNER disapprove or reject Work which E/A believes to be defective, or believes will not produce a completed Project that conforms to the Contract Documents or will prejudice the integrity of the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. ARTICLE 10-CHANGES IN THE WORK 10.1 Changes: 10.1.1 Without invalidating the Contract and without notice to any surety,the OWNER, at any time or from time to time, may order additions, deletions or revisions in the Work. Such changes in the Work will be authorized by Change Order, Change Directive or Field Order. 10.1.2 Changes in the Work shall be performed under applicable provisions of the Contract Documents, and the CONTRACTOR shall proceed promptly, unless otherwise provided in the Change Order, Change Directive or Field Order. 10.1.3 The CONTRACTOR shall not be entitled to an increase in the Contract Amount or an extension of the Contract Times with respect to any Work performed that is not required by the Contract Documents as amended, modified and supplemented as provided in paragraph 3.3.1 and paragraph 3.3.2, except in the case of an emergency as provided in paragraph 6.11.5 or in the case of uncovering Work as provided in paragraph 13.4. ow, 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 PRIM 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; ps, .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 0. and Contract Time being adjusted as necessary. A Change Directive shall be used in the absence of complete and prompt agreement on the terms of a Change Order. 10.3.2 If the Change Directive provides for an adjustment to the Contract Amount, the adjustment shall be based on the method provided for in paragraph 11.5. 10.3.3 A Change Directive shall be recorded later by preparation and execution of an appropriate Change Order. 10.3.4 Upon receipt of a Change Directive, CONTRACTOR shall promptly proceed with the change in the Work involved. 10.4 Field Order: 10.4.1 Owner's Representative may authorize minor variations in the Work from the requirements of the Contract Documents which do not involve an adjustment in the Contract Amount or the Contract Times and are compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. These shall be accomplished by written Field Order and shall be binding on the OWNER and on the CONTRACTOR who shall perform the Work involved promptly. 10.4.2 If the CONTRACTOR believes that a Field Order would require an adjustment in the Contract Amount OP" and/or Contract Times, the CONTRACTOR shall make written request to Owner's Representative for a Change Order. Any request by the CONTRACTOR for an adjustment in Contract Amount and/or Contract Times shall be made in writing prior to beginning the work covered by the Field Order. 10.5 No Damages for Delay: Except as otherwise provided in the Contract Documents, the CONTRACTOR shall receive no compensation for delays or hindrances to the Work. If delay is caused by specific orders given by the OWNER to stop Work for 'AM" reasons for which the CONTRACTOR is not responsible, or such delay is not caused by active interference in the Work by OWNER for reasons for which the CONTRACTOR is not responsible, then such delay will entitle the CONTRACTOR only to an equivalent extension of time,the CONTRACTOR's application for which shall, however, be subject to approval of the OWNER. No such extension of time shall release the CONTRACTOR or surety on its performance bond from all the CONTRACTOR'S obligations hereunder which shall remain in full force until discharge of the Contract. ARTICLE 11 -CHANGE OF CONTRACT AMOUNT 11.1 The Contract Amount is stated in the Agreement and, including authorized adjustments, is the total amount payable by the OWNER to the CONTRACTOR for performance of the Work under the Contract Documents. 11.2 The original Contract Amount may not be increased by more than twenty-five percent(25%)and it may not be decreased more than twenty-five percent(25%)without the consent of the CONTRACTOR to such decrease. 11.3 The Contract Amount shall only be changed by a Change Order. Any claim for an adjustment in the Contract Amount shall be made by Written Notice delivered by the party making the Claim to the other party promptly (but in no event later than thirty(30)calendar days)after the start of the occurrence or event giving rise to the Claim and stating the general nature of the Claim. Notice of the amount of the Claim with supporting data shall be delivered within thirty(30)calendar days after Written Notice of Claim is delivered by claimant, and shall represent that the adjustment claimed covers all known amounts to which claimant is entitled as a result of said occurrence or event. If the OWNER and the CONTRACTOR cannot otherwise agree, all Claims for adjustment in the Contract Amount shall be determined as set out in Article 16. 11.4 Determination of Value of Work: 00700 04-2020 Page 28 General Conditions 4.1R 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 ow" 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. mm, .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 ow, 11.6 Unit Price Work: 0, 11.6.1 Where the Contract Documents provide that all or part of the Work is to be unit price Work, initially the Contract Amount will be deemed to include for all unit price work an amount equal to the sum of the established unit price for each separately identified item of unit price work times the estimated quantity of each item as indicated in the Bid. The estimated quantities of items of unit price work are not guaranteed and are solely for the purpose of comparison of Bids and determining an initial Contract Amount. Determinations of the actual quantities and classifications of unit price work performed by the CONTRACTOR will be made by Owner's Representative. Owner's Representative will review with the CONTRACTOR the preliminary determinations on such matters before rendering a written decision thereon (by recommendation of an Application for Payment or otherwise). 11.6.2 When "plan quantity" is indicated for a bid item, the CONTRACTOR shall be paid the amount specified in the Contract Documents without any measurements. 11.6.3 Each unit price will be deemed to include an amount considered by the CONTRACTOR to be adequate to cover the CONTRACTOR's overhead and profit for each separately identified item. 11.6.4 A Major Item is any individual bid item in the Bid that has a total cost equal to or greater than five percent (5%) of the original Contract Amount or $50,000, whichever is greater, computed on the basis of bid quantities and Contract unit prices. 11.6.5 The OWNER or the CONTRACTOR may make a Claim for an adjustment in the Contract Amount in accordance with Article 11 if: �-• .1 the actual quantity of any Major Item should become as much as twenty percent (20%) more than or twenty percent(20%) less than in the Bid; or .2 The CONTRACTOR presents proper documentation contesting the accuracy of "plan quantity," and mom Owner's Representative verifies quantity and determines original quantity is in error by five percent (5%)or more. 11.6.6 Right to Verify Information: The CONTRACTOR agrees that any designated representative of the OWNER shall have the right to examine the CONTRACTOR'S records to verify the accuracy and appropriateness of the pricing data used to price change proposals. Even after a Change Order Proposal has been approved, the CONTRACTOR agrees that if the OWNER later determines the cost and pricing data submitted was inaccurate, incomplete, not current or not in compliance with the terms of this Agreement regarding pricing of change orders, then an appropriate contract price reduction will be made. 11.6.7 Pricing Information Requirements: The CONTRACTOR agrees to provide and require all subcontractors to provide a breakdown of allowable labor and labor burden cost information as outlined herein. This information will be used to evaluate the potential cost of labor and labor burden related to change order work. It is intended that this information represent an accurate estimate of the CONTRACTOR's actual labor and labor burden cost components. This information is not intended to establish fixed billing or change order pricing labor rates. However, at the time change orders are priced the submitted cost data for labor rates may be used to price change order work. The accuracy of any such agreed-upon labor cost components used to price change orders will be subject to later audit. Approved change order amounts may be adjusted later to correct the impact of inaccurate labor cost components if the agreed-upon labor cost components are determined to be inaccurate. ARTICLE 12-CHANGE OF CONTRACT TIMES 12.1 Working Day and Calendar Day Contracts: mi 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 owm 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 01111, PANNI Under a Calendar Day Contract,the CONTRACTOR may also be granted an extension of time because of unusual inclement weather that is beyond the normal weather expected for the Williamson and Travis Counties,Texas area. Normal weather which prevents the CONTRACTOR from performing Work is expected during a Calendar Day Contract, and is not a justification for an extension of time. The following delineates the number of days per month for which, for purposes of Calendar Day Contracts, expected normal weather will prevent performance of Work: Januay days February........................ .7 days March 7 days April days mipm May8 days June................................. .6 days July..................................................... 6 days --- August 5 days September...................... 7 days October 7 days November 7 days December 7 days Days per month exceeding the number shown above may be credited as Rain Days if a Claim is made in accordance with paragraph 12.1.1 and meets the following definition: a"Rain Day" is any day in which a weather event occurs at the site and is sufficient to prevent the CONTRACTOR from performing units of Work critical to maintaining the project schedule during the entire day. ARTICLE 13-TESTS AND INSPECTIONS; AND CORRECTION OR REMOVAL OF DEFECTIVE WORK 13.1 Notice of Defects: Prompt notice of all defective Work of which the OWNER or E/A has actual knowledge will be given to the CONTRACTOR. All defective Work may be rejected or corrected as provided for in Article 13. 13.2 Access to Work: The OWNER, E/A, E/A's Consultants, other representatives and personnel of the OWNER, independent testing MP, laboratories and governmental agencies having jurisdiction will have unrestricted physical access to the Work site for observing, inspecting and testing. The CONTRACTOR shall provide them proper and safe conditions for such access, and advise them of the CONTRACTOR's site safety procedures and programs so that they may comply therewith as applicable. 13.3 Tests and Inspections: 13.3.1 The CONTRACTOR shall give timely notice of readiness of the Work for all required inspections, tests or approvals, and shall cooperate with inspection and testing personnel to facilitate required inspections or tests. 13.3.2 The OWNER shall employ and pay for services of an independent testing laboratory to perform all inspections, tests or approvals required by the Contract Documents except: .1 for inspections, tests or approvals covered by paragraph 13.3.3 below; .2 for reinspecting or retesting defective Work; and .3 as otherwise specifically provided in the Contract Documents. All testing laboratories shall be those selected by the OWNER. 00700 04-2020 Page 32 General Conditions 13.3.3 If laws or regulations of any public body having jurisdiction require any Work(or part thereof)specifically to be inspected,tested or approved by an employee or other representative of such public body, the CONTRACTOR shall assume full responsibility for arranging and obtaining such inspections, tests or approvals, pay all costs in connection therewith and furnish Owner's Representative the required certificates of inspection or approval. The CONTRACTOR shall also be responsible for arranging and obtaining and shall pay all costs in connection with any inspections, tests or approvals required for the OWNER's and EtA'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 ow, 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 0.1, 13.6 Correction or Removal of Defective Work: If required by the OWNER,the CONTRACTOR shall promptly,as directed,either correct all defective Work,whether or not fabricated, installed or completed, or, if the Work has been rejected by Owner's Representative, remove it from the site and replace it with Work that is not defective.The CONTRACTOR shall correct or remove and replace defective Work, or submit a plan of action detailing how the deficiency will be corrected, within the time frame identified in the notice of defective Work. The CONTRACTOR shall pay all claims, costs, losses and damages caused by or resulting from such correction or removal(including but not limited to all costs of repair or replacement of work of others), including but not limited to all consultant, engineering, expert and attorney's fees incurred by the OWNER as a result of such defective work or as necessary for OWNER to investigate such defective Work and/or to determine the appropriate means or methods to address or correct such defective Work. The OWNER shall have the right, in OWNER's sole discretion, to have the E/A or other consultant specify the means and methods that will be followed to correct or address any defective Work. If the OWNER specifies a means or method by which m-, the defective Work will be addressed or corrected, the CONTRACTOR shall perform the specified work necessary to address or correct the defective Work at CONTRACTOR's sole cost and expense. 13.7 Warranty period: 13.7.1 If, at any time after the date of Substantial Completion or such longer period of time as may be prescribed by laws or regulations or by the terms of any applicable special guarantee required by the Contract Documents or by any specific provision of the Contract Documents, any Work is found to be defective, the CONTRACTOR shall promptly, without cost to the OWNER and in accordance with the OWNER's written instructions: (i) correct such defective Work, or, if it has been rejected by the OWNER, remove it from the site and -. replace it with Work that is not defective, and (ii) satisfactorily correct or remove and replace any damage to other Work or the work of others resulting therefrom. If the CONTRACTOR does not promptly comply with the terms of such instructions, or in an emergency where delay would cause serious risk of loss or damage, the OWNER may have the defective Work corrected or the rejected Work removed and replaced, and all claims, costs, losses and damages caused by or resulting from such removal and replacement (including but not limited to all costs of repair or replacement of work of others and all consultant, expert and attorney's fees incurred by OWNER)will be paid by the CONTRACTOR. --- 13.7.2 In special circumstances where a particular item of equipment is placed in continuous service before Substantial Completion of all the Work, the warranty period for that item may start to run from an earlier date if so provided in the Contract Documents and agreed to by OWNER. 13.8 OWNER May Correct Defective Work: If the CONTRACTOR fails within a reasonable time after Written Notice of the OWNER to correct defective Work, ,..., or to remove and replace rejected Work, or if the CONTRACTOR fails to perform the Work in accordance with the Contract Documents, or if the CONTRACTOR fails to comply with any other provision of the Contract Documents, the OWNER may, after seven (7) calendar days' Written Notice to the CONTRACTOR, correct and remedy any such deficiency. If, in the opinion of Owner's Representative, significant progress has not been made during this --- seven(7)calendar day period to correct the deficiency,the OWNER may exercise any actions necessary to remedy the deficiency. In exercising the rights and remedies under this paragraph,the OWNER shall proceed expeditiously. In connection with such corrective and remedial action, the OWNER may exclude the CONTRACTOR from all or part of the site, take possession of all or part of the Work, and suspend the CONTRACTOR's services related thereto, and incorporate in the Work all materials and equipment stored at the site or for which the OWNER has paid the CONTRACTOR but which are stored elsewhere. The CONTRACTOR shall allow the OWNER, its agents and employees,the OWNER's other contractors, E/A and EtA's consultants access to the site to enable the OWNER mim 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 pi., 00700 04-2020 Page 34 General Conditions Re" 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 Applications for Payment shall include the following documentation: .1 updated progress schedule; .2 monthly subcontractor report; and .3 any other documentation required under the Supplemental General Conditions. 14.2 CONTRACTOR's Warranty of Title: The CONTRACTOR warrants and guarantees that title to all Work, materials and equipment covered by any Application for Payment,whether incorporated in the Project or not,will pass to the OWNER not later than the time of payment to the CONTRACTOR free and clear of all liens. 14.3 Review of Applications for Progress Payment: 14.3.1 Owner's Representative will,within seven (7)calendar days after receipt of each Application for Payment, either indicate a recommendation for payment and forward the Application for processing by the OWNER,or return the Application to the CONTRACTOR indicating Owner's Representative's reasons for refusing to recommend payment. In the latter case,the CONTRACTOR may make the necessary corrections and resubmit the Application. 14.3.2 Owner's Representative's recommendation of any payment requested in an Application for Payment will constitute a representation by Owner's Representative, based upon Owner's Representative's on-site observations of the executed Work and on Owner's Representative's review of the Application for Payment and the Rom 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; MP" .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 04-2020 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 Partial Utilization: The OWNER, at the OWNER's sole option, shall have the right to take possession of and use any completed or Ma' partially completed portion of the Work regardless of the time for completing the entire Work. The OWNER's exercise of such use and possession shall not be construed to mean that the OWNER acknowledges that any part of the Work so possessed and used is substantially complete or that it is accepted by OWNER, and the OWNER's exercise of such use and possession shall not relieve the CONTRACTOR of its responsibility to complete all Work in accordance with the Contract Documents. 14.9 Final Inspection: Upon Written Notice from the CONTRACTOR that the entire Work or an agreed portion thereof is complete,Owner's Representative will make a final inspection with the CONTRACTOR and provide Written Notice of all particulars in which this inspection reveals that the Work is incomplete or defective. The CONTRACTOR shall immediately take such measures as are necessary to complete such Work or remedy such deficiencies. 14.10 Final Application for Payment: The CONTRACTOR may make application for final payment following the procedure for progress payments after the CONTRACTOR has completed all such corrections to the satisfaction of Owner's Representative and delivered the following documents: .1 Three (3)complete operating and maintenance manuals, each containing maintenance and operating instructions, schedules, guarantees, and other documentation required by the Contract Documents; .2 Record documents(as provided in paragraph 6.10) .3 Consent of surety, if any, to final payment. If surety is not provided, complete and legally effective releases or waivers (satisfactory to the OWNER) of all claims arising out of or filed in connection with the Work; 00700 04-2020 Page 38 General Conditions .4 Certificate evidencing that insurance required by the Supplemental General Conditions will remain in force after final payment and through any warranty period; .5 Non-Use of Asbestos Affidavit(After Construction); and .6 Any other documentation called for in the Contract Documents. 14.11 Final Payment and Acceptance: 14.11.1 If, on the basis of observation of the Work during construction, final inspection, and review of the final Application for Payment and accompanying documentation as required by the Contract Documents, Owner's Representative is satisfied that the Work has been completed and the CONTRACTOR's other obligations under the Contract Documents have been fulfilled, Owner's Representative will recommend the final Application for Payment and thereby notify the OWNER. If the OWNER agrees with the recommendation of the Owner's Representative, the OWNER will pay to the CONTRACTOR the balance due the CONTRACTOR under the terms of the Contract. 14.11.2 As Contract Time is measured to Final Completion, Owner's Representative will issue a letter of final acceptance to the CONTRACTOR which establishes the Final Completion date and initiates any warranty period. 14.11.3 Final payment is considered to have taken place when the CONTRACTOR or any of its representatives ,.� negotiates the OWNER's final payment check, whether labeled final or not, for cash or deposits check in any financial institution for its monetary return. 14.12 Waiver of Claims: The making and acceptance of final payment will constitute: .1 a waiver of claims by the OWNER against the CONTRACTOR, except claims arising from unsettled claims, from defective Work appearing after final inspection, from failure to comply with the Contract Documents or the terms of any warranty specified therein, or from the CONTRACTOR's continuing obligations under the Contract Documents; and .2 a waiver of all claims by the CONTRACTOR against the OWNER other than those previously made in writing and still unsettled. ARTICLE 15-SUSPENSION OF WORK AND TERMINATION 15.1 OWNER May Suspend Work Without Cause and for Convenience: At any time and without cause and for convenience,the OWNER may suspend the Work or any portion thereof for a period of not more than ninety(90)calendar days by written agreement or by Written Notice to the CONTRACTOR which will fix the date on which the Work will be resumed. The CONTRACTOR shall resume the Work on the date so fixed. The CONTRACTOR may be allowed an adjustment in the Contract Amount or an extension of the Contract Times,or both,directly attributable to any such suspension if the CONTRACTOR makes an approved Claim therefor as provided in Article 11 and Article 12. 15.2 OWNER May Terminate Without Cause: Upon seven(7)calendar days'Written Notice to the CONTRACTOR, the OWNER may,without cause and without 0,04 prejudice to any right or remedy of the OWNER, elect to terminate the Agreement. In such case, the CONTRACTOR shall be paid (without duplication of any items): ,.., .1 for completed and acceptable Work executed in accordance with the Contract Documents prior to the effective date of termination; 00700 04-2020 Page 39 General Conditions .2 for all claims incurred in settlement of terminated contracts with Suppliers, Subcontractors, and others. The CONTRACTOR agrees to negotiate in good faith with Subcontractors, Suppliers and others to --- mitigate the OWNER's cost CONTRACTOR shall include in any subcontract or purchase order language that provides that if the Agreement is terminated without cause, the Subcontractor and Suppliers will only be paid for work performed or materials and equipment supplied and shall not have any other claims against CONTRACTOR or OWNER; CONTRACTOR shall not be paid for any profit or overhead for Work not completed. 15.3 OWNER May Terminate With Cause: 15.3.1 Upon the occurrence of any one or more of the following events: --- .1 if the CONTRACTOR persistently fails to perform the Work in accordance with the Contract Documents; .2 if the CONTRACTOR disregards laws or regulations of any public body having jurisdiction; .3 if the CONTRACTOR disregards the authority of Owner's Representative; .4 if the CONTRACTOR makes fraudulent statements; .5 if the CONTRACTOR fails to maintain a work force adequate to accomplish the Work within the Contract Time; .6 if the CONTRACTOR fails to make adequate progress and endangers successful completion of the Contract; or .7 if the CONTRACTOR otherwise violates any provisions of the Contract Documents; The OWNER may, after giving the CONTRACTOR(and the surety, if any)seven (7)calendar days'Written Notice terminate the services of the CONTRACTOR. The OWNER,at its option, may proceed with negotiation with surety for completion of the Work. Alternatively,the OWNER may under these circumstances exclude the CONTRACTOR from the site and take possession of the Work (without liability to the CONTRACTOR for trespass or conversion), incorporate in the Work all materials and equipment stored at the site or for which the OWNER has paid the CONTRACTOR but which are stored elsewhere, and finish the Work as the OWNER may deem expedient. In such case the CONTRACTOR shall not be entitled to receive any further payment until the Work is finished. If the unpaid balance of the Contract Amount exceeds all claims, costs, losses and damages sustained by the OWNER arising out of or resulting from completing the Work, such excess will be paid to the CONTRACTOR. If such claims, costs, losses and damage exceed such unpaid balance, the CONTRACTOR or surety shall pay the difference to the OWNER. 15.3.2 Where the CONTRACTOR's services have been so terminated by the OWNER, the termination will not affect any rights or remedies of the OWNER against the CONTRACTOR and surety then existing or which may thereafter accrue. Any retention or payment of amounts due the CONTRACTOR by the OWNER will not release the CONTRACTOR from liability. In the event the OWNER terminates the Contract with cause, the OWNER may reject any and all bids submitted by the CONTRACTOR for up to three(3)years. 00700 04-2020 Page 40 General Conditions 15.4 CONTRACTOR May Stop Work or Terminate: If through no act or fault of the CONTRACTOR,the Work is suspended for a period of more than ninety(90)calendar days by the OWNER or under an order of court or other public authority, or (except during disputes) Owner's Representative fails to forward for processing any mutually acceptable Application for Payment within thirty (30) calendar days after it is submitted, or(except during disputes)the OWNER fails for sixty(60)calendar days after it Mx" is submitted to pay the CONTRACTOR any sum finally determined by the OWNER to be due, then the CONTRACTOR may, upon seven(7)calendar days'Written Notice to the OWNER,and provided the OWNER does not remedy such suspension or failure within that time, terminate the Agreement and recover from the OWNER payment on the same terms as provided in paragraph 15.2. In lieu of terminating the Agreement and without prejudice to any other right or remedy, if(except during disputes)Owner's Representative has failed to forward for processing any mutually acceptable Application for Payment within thirty(30)calendar days after it is submitted, or (except during disputes) the OWNER has failed for sixty (60) calendar days after it is submitted to pay the CONTRACTOR any sum finally determined by the OWNER to be due, the CONTRACTOR may upon seven (7) calendar days' Written Notice to the OWNER stop the Work until payment of all such amounts due the CONTRACTOR, including interest thereon. The provisions of this paragraph 15.4 are not intended to preclude the CONTRACTOR from making a Claim under Article 11 and Article 12 for an increase in Contract Amount or Contract Times or otherwise for expenses or damage directly attributable to the CONTRACTOR's stopping Work as permitted by this paragraph. ARTICLE 16-DISPUTE RESOLUTION 16.1 Filing of Claims: 16.1.1 Claims arising from the circumstances identified in paragraphs 3.2, 4.1, 4.2.2, 4.2.4, 6.4.2, 6.11.5.2, 6.17, 7.5, 8.6,9.5, 10.4.2, 13.8, 15.1, 15.2, 15.3, or 15.4,or other occurrences or events, shall be made by Written Notice delivered by the party making the Claim to the other party within thirty (30) calendar days after the start of the occurrence or event giving rise to the Claim and stating the general nature of the Claim. Notice of the amount of the Claim with supporting data shall be delivered within thirty (30) calendar days after Written Notice of Claim is delivered by claimant and shall represent that the adjustment claimed covers all known amounts to which claimant is entitled. 16.1.2 Within thirty(30)calendar days of receipt of notice of the amount of the Claim with supporting data, Owner's Representative and the CONTRACTOR shall meet to discuss the Claim, after which an offer of settlement or notification of no settlement offer will be made to claimant. If claimant is not satisfied with the proposal presented, claimant shall have thirty (30)calendar days in which to: .1 submit additional supporting data requested by the other party; .2 modify the initial Claim; or .3 request Alternative Dispute Resolution. 16.2 Alternative Dispute Resolution: 16.2.1 If a dispute exists concerning a Claim, the parties agree to use the following procedure prior to pursuing any other available remedies. The OWNER reserves the right to include E/A as a party. 16.2.2 Negotiating with Previously Uninvolved Personnel: Either party may make a written request for a meeting to be held between representatives of each party within fourteen (14) calendar days of the request or such later period that the parties may agree to. Each party shall endeavor to include, at a minimum, one (1) previously uninvolved senior level decision maker empowered to negotiate on behalf of their organization. The purpose of this and subsequent meetings will be good faith negotiations of the matters constituting the dispute. Negotiations shall be concluded within thirty(30)calendar days of the first meeting, unless mutually agreed otherwise. This step may 00700 04-2020 Page 41 General Conditions be waived by written agreement of both parties, in which event the parties may proceed directly to mediation as described below. 16.2.3 Mediation: 16.2.3.1 If the procedure described in paragraph 16.2.2 proves unsuccessful or is waived pursuant to its terms, the parties shall initiate the mediation process. The parties agree to select within thirty(30) calendar days one (1) mediator trained in mediation skills, to assist with resolution of the dispute. The OWNER and the CONTRACTOR agree to act in good faith in the selection of the mediator and to give consideration to qualified individuals nominated ,te, to act as mediator. Nothing in this agreement prevents the parties from relying on the skills of a person who also is trained in the subject matter of the dispute and/or a contract interpretation expert. 16.2.3.2 Mediation is a forum in which an impartial person, the mediator, facilitates communication between parties to promote reconciliation, settlement, or understanding among them. The parties hereby agree that mediation, at a minimum, shall provide for 1)conducting an on-site investigation, if appropriate, by the mediator for fact-gathering purposes, 2) a meeting of all parties for the exchange of points of view and 3) separate meetings between the mediator and each party to the dispute for the formulation of resolution alternatives. The parties agree to participate in mediation in good faith for up to thirty(30)calendar days from the date of the first mediation session, unless mutually agreed otherwise. Should the parties fail to reach a resolution of the dispute through mediation, then each party is released to pursue other remedies available to them. ARTICLE 17-RIGHT TO AUDIT 17.1 Right to Audit: Whenever the OWNER enters into any type of contractual arrangement with the CONTRACTOR, then the CONTRACTOR's "records" shall upon reasonable notice be open to inspection and subject to audit and/or reproduction during normal business working hours. The OWNER's representative, or an outside representative engaged by the OWNER, may perform such audits. The CONTRACTOR shall maintain all records relating to this Agreement for four (4) years from the date of final payment under this Agreement, or until pending litigation has been completely and fully resolved, whichever occurs later. 17.1.1 The OWNER shall have the exclusive right to examine the records of the CONTRACTOR. The term "records"as referred to herein shall include any and all information, materials and data of every kind and character, including without limitation records, books, papers,documents,contracts, schedules,commitments,arrangements, notes, daily diaries, reports, drawings, receipts, vouchers and memoranda, and any and all other agreements, sources of information and matters that may, in the OWNER's judgment, have any bearing on or pertain to any matters, rights, duties or obligations under or covered by any contract document. Such records shall include (hard copy, as well as computer-readable data if it can be made available), written policies and procedures, time sheets, payroll registers, cancelled checks, personnel file data, correspondence, general ledger entries, and any other record in the CONTRACTOR's possession which may have a bearing on matters of interest to the OWNER in ,.� connection with the CONTRACTOR's dealings with the OWNER(all of the foregoing are hereinafter referred to as "records"). In addition,the CONTRACTOR shall permit interviews of employees as well as agents, representatives, vendors, subcontractors and other third parties paid by the CONTRACTOR to the extent necessary to adequately permit evaluation and verification of the following: a) The CONTRACTOR's compliance with contract requirements; b) The CONTRACTOR's compliance with the OWNER'S business ethics policies; and c) If necessary, the extent of the Work performed by the CONTRACTOR at the time of contract termination. 17.1.2 The CONTRACTOR shall require all payees(examples of payees include subcontractors, insurance agents, material suppliers, etc.) to comply with the provisions of this Article 17 by securing the requirements hereof in a 00700 04-2020 Page 42 General Conditions written agreement between the CONTRACTOR and payee. Such requirements include a flow-down right of audit provision in contracts with payees that also apply to subcontractors and sub-subcontractors, material suppliers,etc. The CONTRACTOR shall cooperate fully and shall require Related Parties and all of the CONTRACTOR's subcontractors to cooperate fully in furnishing or in making available to the OWNER from time to time whenever requested, in an expeditious manner, any and all such information, materials, and data. 17.1.3 The OWNER's authorized representative or designee shall have reasonable access to the CONTRACTOR's facilities, shall be allowed to interview all current or former employees to discuss matters pertinent to the performance of this Agreement, and shall be provided adequate and appropriate work space in order to conduct audits in compliance with this Article 17. 17.1.4 If an audit inspection or examination in accordance with this Article 17 discloses overpricing or overcharges of any nature by the CONTRACTOR to the OWNER in excess of one-half of one percent(.5%)of the total contract billings, then the reasonable actual cost of the OWNER's audit shall be reimbursed to the OWNER by the CONTRACTOR. Any adjustments and/or payments,which must be made as a result of any such audit or inspection of the CONTRACTOR's invoices and/or records, shall be made within a reasonable amount of time(not to exceed 90 days)from presentation of the OWNER's findings to the CONTRACTOR. 17.1.5 The CONTRACTOR shall take reasonable actions to prevent any actions or conditions which could result in a conflict with the OWNER's best interests. These obligations shall apply to the activities of the CONTRACTOR'S employees, agents, subcontractors, etc. in their dealings and relations with the OWNER's current and former employees and their relatives. For example,the CONTRACTOR's employees,agents or subcontractors should not make or provide to be made any employment, gifts, extravagant entertainment, payments, loans or other considerations to the OWNER's representatives, employees or their relatives. 17.1.E It is also understood and agreed by the CONTRACTOR that any solicitation of gifts or any other item of value by anyone representing the OWNER is to be reported within two (2) business working days to the OWNER at the following telephone number: 512-218-5401. Failure to report any such solicitations or offers shall be deemed a material breach of contract entitling the OWNER to pursue damages resulting from the failure to comply with this provision. ARTICLE 18-MISCELLANEOUS 18.1 Venue: In the event of any suit at law or in equity involving the Contract, venue shall be in Williamson County, Texas and the laws of the state of Texas shall apply to Contract interpretation and enforcement. 18.2 Extent of Agreement: This Contract represents the entire and integrated agreement between the OWNER and the CONTRACTOR and supersedes all prior negotiations, representations or agreements, either written or oral. 18.3 Cumulative Remedies: The rights and remedies available to the parties are not to be construed in any way as a limitation of any rights and remedies available to any or all of them which are otherwise imposed or available by laws or regulations, by special warranty or guarantees or by other provisions of the Contract Documents, and the provisions of this paragraph will be as effective as if repeated specifically in the Contract Documents in connection with each particular duty, obligation, right and remedy to which they apply. 00700 04-2020 Page 43 General Conditions 18.4 Severability: --- If any word, phrase, clause, sentence or provision of the Contract, or the application of same to any person or set of circumstances is for any reason held to be unconstitutional, invalid or unenforceable,that finding shall only effect such word, phrase, clause, sentence or provision, and such finding shall not effect the remaining portions of this Contract; this being the intent of the parties in entering into the Contract; and all provisions of the Contract are '-' declared to be severable for this purpose. 18.5 Independent Contractor The Contract shall not be construed as creating an employer/employee relationship,a partnership,or a joint venture. The CONTRACTOR's services shall be those of an independent contractor. The CONTRACTOR agrees and understands that the Contract does not grant any rights or privileges established for employees of the OWNER. 18.6 Prohibition of Gratuities The OWNER may, by Written Notice to the CONTRACTOR, terminate the Contract without liability if is determined by the OWNER that gratuities were offered or given by the CONTRACTOR or any agent or representative of the CONTRACTOR to any officer or employee of the OWNER with a view toward securing the Contract or securing favorable treatment with respect to the awarding or amending or the making of any determinations with respect to the performing of such Contract. In the event the Contract is terminated by the OWNER pursuant to this provision, the OWNER shall be entitled, in addition to any other rights and remedies,to recover or withhold the amount of the cost incurred by the CONTRACTOR in providing such gratuities. mis." 18.7 Prohibition Against Personal Interest in Contracts No officer,employee, independent consultant,or elected official of the OWNER who is involved in the development, evaluation, or decision-making process of the performance of any solicitation shall have a financial interest, direct '.m or indirect, in the Contract resulting from that solicitation. Any violation of this provision, with the knowledge, expressed or implied, of the CONTRACTOR shall render the Contract voidable by the OWNER. End of General Conditions ma, 00700 04-2020 Page 44 General Conditions Fvvf'f•r�•r�rl`15Y �w'vvvk�ry ISN6NNb� k•lNl•r:::-rl'p'9 li'rs•rr i s ii'NN �16�o e�o�e55FNV^ bds•]�NVv'rHf'�/'i rF City of Round Rock Contract Forms Supplemental General Conditions Section 00800 SUPPLEMENTAL GENERAL CONDITIONS TO AGREEMENT FOR CONSTRUCTION SERVICES The Supplemental General Conditions contained herein shall amend or supplement the General Conditions, Section 00700. ARTICLE 1 -DEFINITIONS 1.16 Engineer/Architect(E/A): Add the following: Name(Representative): N/A Firm: Address: City, State, Zip: Telephone: Facsimile: Email: 1.27 Owner's Representative: Add the following: Name: Rachel Morris Title: Park Development Specialist Address: 301 W. Bagdad Ave. Ste. 250 City, State, Zip: Round Rock, TX 78664 Telephone: (512)341-3375 Facsimile: (512) 218-5548 Email: rmorris( roundrocktexas.gov ARTICLE 6-CONTRACTOR'S RESPONSIBILITIES 6.18 Liquidated Damages Add the following: 1. CONTRACTOR SHALL PAY LIQUIDATED DAMAGES IN THE AMOUNT OF five hundred AND NO/I 00 DOLLARS $ 500 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 ,•s•,eroMoe 6��e•[+w[F4as �rvmmm�,.�,n�waG i,cnecr enwa� ar�,+oro,e�a.�w,w,4 Scow_ 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. 00900-4-2020 Page 1 Special Conditions 00443643 02-03 WAGE RATES Wage Rates(Information From Chapter 2258,Texas Government Code Title 10) 2288.021.Duty of Government Entity to Pay Prevailing Wage Rates a. The State or any political subdivision of the State shall pay a worker employed by 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. PIM OO9OO-42O2O 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 16.dvb?v=0 Construction Type: Building http://www.wdol.gov/wdol/scafiles/davisbacon/TX76.dvb?v=1 02-04 LIMIT OF FINANCIAL RESOURCES The OWNER has a limited amount of financial resources committed to this Project; therefore, it shall be understood by all bidders that the OWNER may be required to change and/or delete any items which it may feel is necessary to accomplish all or part of the scope of work within its limit of financial resources. CONTRACTOR shall be entitled to no claim for damages or anticipated profits on any portion of work that may be omitted. At any time during the duration of this contract, the OWNER reserves the right to omit any work from this contract. Unit prices for all items previously approved in this contract shall be used to delete or add work per change order. 02-05 LIMITS OF WORK AND PAYMENT It shall be the obligation of the CONTRACTOR to complete all work included in this Contract, so authorized by the OWNER, as described in the contract documents and technical specifications. All items of work not specifically paid for in the bid proposal shall be included in the unit price bids. Any question arising as to the limits of work shall be left up to the interpretation of the E/A. amp 00900-4-2020 Page 3 Special Conditions 00443643 02-06 LAND FOR WORK OWNER provides, as indicated on Drawings, land upon which work is to be done, right-of-way for access to same and such other lands that are designated for the use of ,.. the CONTRACTOR.CONTRACTOR provides,at his expense and without liability of OWNER, any additional land and access thereto that may be required for his construction operations,temporary construction facilities, or for storage of materials. 02-07 DEVIATIONS OCCASIONED BY UTILITY STRUCTURES Whenever existing utilities, not indicated on the Drawings, present obstructions to grade and alignment of proposed improvements immediately notify engineer, who without delay, will determine if existing utilities are to be relocated, or grade and alignment of proposed improvements changed. Where necessary to move existing utilities and appurtenances as determined by the E/A, the E/A and CONTRACTOR will make relocation arrangements with the utility owner. The OWNER will not be liable for delay costs or damages due to relocations of utilities which hinder progress of the work. 02-08 CONSTRUCTION STAKING All construction staking required to complete the work associated with this contract shall be provided by the CONTRACTOR. The CONTRACTOR shall be responsible for determining the layout and extent of staking necessary to construct the improvements to the lines and grades shown in the Drawings and such staking shall be satisfactory to the E/A. The CONTRACTOR shall consult with the E/A and Owners Representative in the field for assistance as necessary. Sufficient staking materials and equipment shall be provided by the CONTRACTOR including but not limited to:paint, flagging,laths,hubs,blue tops,nails,hammers,measuring chains or tapes,transits and levels. The CONTRACTOR shall be responsible for setting and marking control and off-set points for measuring distances and angles,for shooting levels,and for any other items pertaining to construction staking. This item shall not be paid for separately and shall be considered subsidiary to other bid items. 00900-4-2020 Page 4 Special Conditions 00443643 SECTION 03-ACCESS AND TRAFFIC CONTROL Access shall be provided for the public and emergency vehicles at all possible times. When it becomes necessary to restrict access, the CONTRACTOR shall notify the OWNER and coordinate with the OWNER, all applicable agencies (i.e. Fire Department, E.M.S.,Public Works,etc.),residents,and affected parties.If emergency access is required during the work and such access is being hindered by the work,the CONTRACTOR will suspend the work if necessary,and otherwise endeavor to assist MP" 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. POITM ONIMP 00900-4-2020 Page 5 Special Conditions 00443643 PO/ "�5`1•Nvvs+V�N� �NAANNNvo+'f"�'f 7} .�IwHN•svwrv`kcN�4" 'I'f 1"1'f17f'7'ANI� 'Atria+sa�aaro�o iI,tNN6��gta 'A�rN:r•i•rvmp. rr t P'Y'�'!r i•5'ANM1ffs $16Nr�nmrmOro+a+a14 �ww�vmm.�µ17 MOM 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 MIK 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 dila 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. MIR MIS " 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 0." 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. Page 2 01000-4-2020 Technical Specifications 00443645 ITEM 4 PROTECTION AND PRECAUTION 4.01 WORK IN FREEZING WEATHER Portions of the work may continue as directed by the E/A. 4.02 PROTECTION OF TREES,PLANTS AND SHRUBS The CONTRACTOR shall take necessary precautions to preserve all existing trees, plants and shrubs but where it is justifiable and necessary the CONTRACTOR may remove trees and plants for construction right-of-way but only with approval of the E/A. 4.03 TRAFFIC CONTROL MEASURES AND BARRICADES Traffic control measures and barricades shall be installed in accordance with the Texas Manual of Uniform Traffic Control Devices and in other locations deemed necessary by the E/A, for the protection life and property. Under no circumstances will any existing road be permitted to remain closed over a weekend. No separate pay will be made for this item. Costs for this item shall be subsidiary to other items of work. 4.04 PROPERTY LINES AND MONUMENTS The CONTRACTOR shall be responsible for the protection,reference and resetting of property comer monuments if disturbed. 4.05 DISPOSAL OF SURPLUS MATERIAL The CONTRACTOR shall at his own expense, make arrangement for the disposal of surplus material, such as rock,trees,brush and other unwanted backfill materials. 4.06 CONTRACTOR'S USE OF PREMISES The Contractor shall,at his own expense,provide additional space as necessary for his operations and storage of materials. ITEM 5 MATERIALS 5.01 TRADE NAMES Except as specified otherwise, wherever in the specifications an article or class of material is designated by a trade name or by the name or catalog number of any maker, patentee,manufacturer,or dealer,such designations shall be taken as intending to mean and specify the articles described or another equal thereto in quality, finish, and serviceability for the purpose intended, as may be determined and judged by the E/A in his sole discretion. 5.02 MATERIALS AND WORKMANSHIP No material which has been used by the CONTRACTOR for any temporary purpose whatever is to be incorporated in the permanent structure without the written consent of the E/A. Where materials or equipment are specified by a trade or brand name, it is not the intention of the OWNER to discriminate against an equal product of another Page 3 01000-4-2020 Technical Specifications 00443645 manufacturer, but rather to set a definite standard of quality for performance, and to establish an equal basis for the evaluation of bids. Where the words "equivalent", "proper"or"equal to" are used,they shall be understood to mean that the item referred to shall be "proper", the "equivalent" of, or "equal to" some other item, in the opinion or judgment of the E/A. Unless otherwise specified, all materials shall be the best of their respective kinds and shall be in all cases fully equal to approved samples. Notwithstanding that the words "or equal to" or other such expressions may be used in the specifications in connection with a material, manufactured article or process, the material, article or process specifically designated shall be used, unless a substitute is approved in writing by the E/A, and the E/A will have the right to require the use of such specifically designated material, article or process. OMR Page 4 01000-4-2020 Technical Specifications 00443645 mom SECTION 01100 SYNTHETIC TURF PART 1 -GENERAL 1.01 RELATED DOCUMENTS A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and other Specification Sections, apply to this Section. 1.02 PROJECT INFORMATION A. Project Identification: Buck Egger Turf Replacement Project 2021 B. Project Location: Buck Egger Park, 900 S. Mays Street, Round Rock, TX 78664 C. Project Description: This project includes the removal and replacement of a 15,000 square foot synthetic turf system; preparation of existing subsurface; any necessary repairs to existing underdrain system; and legal disposal of demolished materials. D. Owner: City of Round Rock Owner's Representative: Rachel Morris, Address: 301 W. Bagdad Avenue, Suite 250, Round Rock, TX 78664 Phone: (512) 341-3375 1.03 PROJECT SCOPE A. The Base Bid includes the furnishing of all labor, materials, services, and equipment required in conjunction with, or properly incidental to, the complete removal of the existing synthetic turf and infill; preparation of the existing subsurface; any necessary repairs to the existing underdrain system; and installation of a new synthetic turf system as specified. 1. The installation of all new materials shall be performed in strict accordance with these specifications, ASTM, the Manufacturer's instructions, and in accordance with all details and shop drawings. 2. Removal and legal disposal off-site of the existing products from turf and infill. The existing leveling bed, aggregate base, and underdrain system may be reused if determined to be RN, acceptable to the Manufacturer. B. While the park will be advertised as "closed," it is difficult to keep the public from using these spaces. Installer should expect to have visitors to the construction site. Any person who does not meet the Installer's required safety procedures may be asked to leave the site. ONV 1.04 CODES AND STANDARDS A. The following standards and codes shall be adhered to: 1. All applicable Local, State, and Federal codes and regulations. 2. Standards outlined within these contract documents. 3. Applicable ASTM standards. 4. Applicable National Collegiate Athletic Association standards. SYNTHETIC TURF 1 1.05 ACCESS TO SITE A. Use of Site: Limit use of Project site to work in areas indicated. Do not disturb portions of Project site beyond areas in which the Work is indicated. 1. Limits: Confine construction operations to the areas indicated in Exhibit A. 2. Driveways, Walkways, and Entrances: Keep driveways, parking lots, and entrances serving premises clear and available to Owner, Owner's employees, the public, and emergency ,.m vehicles at all times. Do not use these areas for parking or storage of materials. a. Schedule deliveries to minimize use of driveways and entrances by construction operations b. Schedule deliveries to minimize space and time requirements for storage of materials and equipment on-site. 1.06 COORDINATION WITH OCCUPANTS A. Partial Owner Occupancy: Owner will occupy the premises as a public park during entire construction period,with exception of the areas under construction. Cooperate with Owner during construction operations to minimize conflicts and facilitate Owner usage. Perform the Work so as --. not to interfere with Owner's operations. 1. Maintain access to existing walkways, corridors, and other adjacent occupied or used facilities not under construction. Do not close or obstruct walkways,corridors,or other occupied or used facilities without written permission from Owner and authorities having jurisdiction. 2. Provide not less than 72 hours' notice to Owner of activities that will affect Owner's operations. 1.07 QUALITY ASSURANCE A. Manufacturer Qualifications: Company specializing in manufacturing products specified in this Section. The Manufacturer: 1. Must be experienced in the manufacture and installation of this specific type of tall pile synthetic turf infill system and provide references for a minimum of five (5) specific installations within the past five (5)years. 2. Must have installed at least ten (10)fields of similar or greater size/scope to this project of the ,.., exact specified Base Bid material, including the slit film fiber, infill material and backing, in play in North America. B. Installer Qualifications: Company specializing in performing the work of this Section. The Installer: 1. Must provide competent workmen skilled in this specific type of synthetic grass installation. Technicians must have installed this type of system, with sewn seams, infill, and slit film fiber, on at least three(3) installations. 2. The designated Supervisory Personnel on the project must be certified, in writing by the Manufacturer, as competent in the installation of this material, including sewn seams and proper installation of the infill mixture. C. Prior to the beginning of installation, the Installer shall inspect the existing subsurface which includes the leveling bed, aggregate base, and underdrain system. The Installer shall demonstrate to the Owner that the subsurface meets any and all of the Manufacturer's requirements, including planarity, compaction, and permeability and provide a letter of acceptance. SYNTHETIC TURF 2 D. The Installer shall provide the necessary testing data to the Owner that the finished field meets the required initial shock attenuation, as per ASTM F1936. 1.08 SUBMITTALS A. General: Submit in accordance with General Conditions Section. B. Submit the following: 1. Submit two (2) samples, 12" x 12" (minimum)to 24" x 24" (maximum) size, illustrating details of each finished product with material infill. 2. Color Wheel of standard colors. 3. A letter and specification sheet certifying that the products of this Section meet or exceed specified requirements. 4. Insurance and Warranty Requirements: a. Synthetic Turf System Providers Warranty Document b. Sample Warranty certificate c. Sample insured Warranty Accord (Minimum 10 Million Aggregate/ 1 Million per field) d. Sample Insurance Accord-General Liability,Auto, and Workmen's Compensation e. Sample Insured Warranty Policy Accord f. AM Best Rating sheet for Insurance Provider g. AM Best Rating sheet for the Insured Warranty Provider 5. Documentation: a. Product Data Sheet (PDS) for the proposed turf product with relative characteristics and all associated details. b. All Mandatory Testing Documents for the actual product, conducted by a third-party laboratory, as required and listed in this Section. c. Copy of the synthetic turf system provider's Maintenance Manual. d. Copy of the synthetic turf system provider's Installation Standards. e. Resume for superintendent who will be directly responsible for overseeing the project. f. Legal letter to indemnify the Owner for the allegation of patent infringement by other Manufacturers. g. Letter of subsurface acceptance, stating that the existing leveling bed, aggregate base, 0." and underdrain system, meets any and all Manufacturer's requirements. h. Installation letter from the Manufacturer to confirm the staff that will complete the project has the proper training and professional experience in the methods required to complete the installation of the synthetic turf system as required in the Bid Document. The letter should certify that the installation will be constructed to the specifications, and that the specifications are approved by the Manufacturer for use with the proposed synthetic turf system. This letter should also include the name of the foreman installing the job. If this letter is not included, the Manufacturer will be eliminated from contention for the project. i. Subcontractor list that names any and all subcontractors. 6. Certified copies of independent (third-party) laboratory reports on ASTM tests as listed in this Section. 7. List of existing installations, including Owner representative, and telephone number. 8. Lists providing specific contacts and telephone numbers of the following: SYNTHETIC TU RF 3 a. A minimum of two (2) full-sized football fields using the proposed slit film fiber and fill, in play for at least six(6)months.These installations must have used the same manufacturer and product proposed for this field, including the same slit film fiber. b. A list of five (5) fields (may be slit film/microfilament fiber alternate) in the United States that have been in play for the past five(5)years. C. Shop Drawings indicating: 1. Field Color. Owner to verify color selection during Submittal Process. 2. Roll/Seam Layout. 3. Tie-ins to existing base. 4. Details of actual project conditions. 5. Methods of attachment, field openings, and perimeter conditions. 6. Project specific details for perimeter attachment and edging details. 7. Edging materials and accessories of Manufacture's standard size. Owner to verify color selection during Submittal Process. Rim 8. Athletic field installation instructions, including details. D. Product Data: The Manufacturer must submit the fiber name, type, and composition of fiber. MI" E. Prior to Final Acceptance, the Installer shall submit to the Owner: 1. Three(3)copies of Maintenance Manuals, which will include all necessary instructions for the proper care and preventative maintenance of the synthetic turf system, including painting and pi" markings. 2. Project Record Documents: Record actual locations of seams, drains or other pertinent information. 3. Warranty: Submit Manufacturer Warranty and ensure that forms have been completed i Owner's name and registered with Manufacturer. Submit information confirming that Third- Party Insurance Policy, non-cancelable and pre-paid, is in effect covering this installation, and underwritten by a Best A+Rated Insurance Carrier. Supply Warranty Insurance Certificate with complete information on contacting the Insurance Carrier should a claim need to be made. 1.09 DELIVERY, STORAGE, AND PROTECTION A. Deliver products to project site in wrapped condition. B. Store products under cover and elevated above grade. 1.10 WARRANTIES A. The Manufacturer shall provide a Warranty to the Owner that covers defects in materials and workmanship of the turf for a period of eight(8)years from the date of Substantial Completion. B. The Manufacturer's Warranty shall include general wear and damage caused from UV degradation. The warranty shall specifically exclude vandalism,and acts of God beyond the control of the Owner or the Manufacturer. C. The Manufacturer's Warranty must be supported by a third-party, non-cancelable insurance policy for the full eight (8) year period. The policy must be from an A+ Best Rated company and all premiums must be pre-paid. Manufacturer shall provide indisputable evidence (in the form of the executed warranty policy itself or a certified letter from the insurance carrier confirming all aspects of the policy specified herein) that it offers an insured, non-prorated warranty and NON- SYNTHETIC TURF 4 CANCELABLE warranty insurance policy with a policy minimum claim limit of at least$5,000,000 for the specific project to fully cover the full replacement cost of the turf system in the event of total failure. If the policy does not have these minimum features, detail the differences in writing along with the letter confirming the policy is in effect. Warranties that require maintenance logs, hours of use logs will not be accepted. Details of the warranty must be submitted with the proposal. D. G-max Performance 1. When tested in accordance with the procedures and requirements described below, g-max performance shall be as follows: a. Prior to acceptance and/or use by the owner, the average g-max at each test point shall be less than 120 g-max and greater than 100 g-max. b. Subsequent to acceptance and while the field is under warranty, the average g-max at each test point shall be less than 150 g-max and greater than 110 g-max. c. Subsequent to acceptance and while the field is under warranty, if the field fails to satisfy the requirement(s),the Manufacturer and the Owner will cooperate to determine the cause of the failure. 2. G-max Testing: a. All g-max testing shall be performed by an independent testing service and in accordance with ASTM Standard Specification F1936 and ASTM Standard Test Method F355 (Procedure A). b. Prior to acceptance and/or use by the owner, the Manufacturer shall have the field tested, as needed, to satisfy the requirements)above. c. Subsequent to acceptance, for the remainder of the time the field is under warranty, the Manufacturer shall have the field tested no less often than annually to demonstrate that the field complies with the requirement(s)above. d. If, during the warranty period, the field is tested and found not to comply with the requirement(s) and the Manufacturer is required to bring the field into compliance, the Owner may require the Manufacturer to have the field retested to verify compliance. e. Copies of all g-max test reports shall be furnished to Owner. 1.11 MAINTENANCE SERVICE A. The Manufacturer shall train the Owner's facility maintenance staff in the use of the Manufacturer's recommended sweeper. ps." PART 2-PRODUCTS 2.01 MANUFACTURERS A. The following Manufacturers and their selected installers have been reviewed and the City acknowledges they meet the minimum specifications set forth in the technical specifications. Other turf systems that meet all the technical specifications may be submitted to the Owner for review and approval/disapproval as an approved equal by the date identified in 00100 - Instructions to Bidders. 1. FieldTurf 2. Shaw Sports Turf 3. Hellas Construction 4. ACT Global 5. Astroturf USA SYNTHETIC TURF 5 2.02 MATERIALS A. The component materials of the synthetic turf system consist of: 1. A Carpet made of UV stabilized, slit film polyethylene fibers tufted into a fibrous, perforated backing. 2. An infill that is a controlled mixture and has approximately 50% graded silica sand and 50% rubber granules that partially covers the carpet. 3. Thread, seaming fabric, and other materials used to install and mark the synthetic grass field turf. Gluing seams will not be accepted. B. The Generic Product Specification Language: The minimum requirements for the synthetic turf to be included in the project should meet or exceed the specifications as listed: Detail Test Code Slit Film Face Weight ASTM D5848-07 Minimum 36.0 oz. (per sq. yd.) Primary Backing Weight ASTM D5848-07 Minimum 7. 5 oz. (per sq. yd.) Secondary Backing Weight ASTM D5848-07 Minimum 18. 0 oz. (per sq. yd.) Total Product Weight ASTM D5848-07 Minimum 61.5 oz. (per sq. yd.) Tufting Gauge ASTM D5793-05 1/2"to 3/4" Fiber Height ASTM D5823-05a 2"to 2-1/4" Stitches Per 3" AASTM D5793-05 Minimum 7 Stitches Tuft Bind Value ASTM D 1335-05 STC Minimum- 7-10 lbs(w/infill) Flammability-Pill Burn Requirement ASTM D2859-06 Pass (ASTM D2859-06) Grab Tear(width) ASTM D5034 250 lbs/force Grab Tear Length ASTM D5034 200 lbs/force Infiltration Rate BS7044-Method 4 Exceed 40"Per Hour Wheelchair Accessibility ASTM F 1951-09 Pass (ASTM F 1951-09) Shock-Absorbing Properties ASTM FM1936 Fiber Denier ASTM D1907-07 Minimum 8,000 Denier Fiber Thickness/Width ASTM D3218-07 Minimum 100- 125 Micron Fiber Breaking Load ASTM D2256-02 Minimum 22 lbs. Fiber Elongation ASTM D2256-02 Minimum 45% Fiber Specific Gravity ASTM D792-08 Minimum 0.90 Fiber Melting Point ASTM D789-07 Minimum 220°F/104°C SYNTHETIC TURF 6 Rubber Sieve Specification 10-20 Mesh Sand Sieve Specification 20-40 Mesh Rubber Weight(Per Square Foot) Minimum 3. 3 lbs Sand Weight(Per Square Foot) Minimum 3. 0 lbs Total Infill Weight(Per Square Foot) Minimum 6.3 lbs Infill Height Maximum 75%fiber height. 1/2"mm . of fiber shall be exposed above infill. Gmax Rating/HIC ASTM F355-01 100-120 Gmax/500 150 Maximum over HIC installation Field Life Relative Abrasive Index ASTM F1015-03 10+/-2 20+/-2 Average Ball Rebound Height ASTM F21 17-01 25 Inches 35 Inches ,� Coefficient of Restitution(CR) ASTM F1551-03 0.40(CR) 0.45(CR) Average Ball Bounce ASTM F1551-03 30 Inches 40 Inches Soccer Shoe Traction-Dry ASTM F1551-03 Static COF 1.30- Static COF 1.60- ^, Dynamic COF 0.85 Dynamic COF 1.15 Soccer Shoe Traction- Wet ASTM F1551-03 Static COF 1.30- Static COF 1.60- Dynamic COF 0. 85 Dynamic COF 1.15 Football Shoe Traction-Dry ASTM F1551-03 Static COF 1.30- Static COF 1.60- Dynamic COF 0. 85 Dynamic COF 1.15 Note: If the Manufacturer is unable to provide a turf product that performs to the specified shock attenuation levels, the supplier shall provide an approved shock pad below the turf at no additional expense to the Owner. C. The Carpet shall consist of fibers tufted into a primary backing with a secondary coating. 1. The Carpet shall be furnished in 15'wide rolls. Rolls shall be long enough to go from edge of field to edge of field without splicing. No head or cross seams will be acceptable. 2. The Carpet's primary backing shall be a double-layered polypropylene fabric treated with UV inhibitors. The secondary backing shall consist of an application of porous, heat-activated urethane to permanently lock the fiber tufts in place. Perforated (with punched holes), backed carpet is acceptable. 3. The fiber shall be minimum 8,000 denier, low friction, UV-resistant slit film fiber measuring not less than 2.00 inches high. The shape of the fiber shall be such to enhance the vertical resilience of the fiber(mimicking natural grass blades). D. The Infill materials shall be approved by the Manufacturer. The Infill shall consist of a resilient layered granular system, comprised of approximately 50% selected and graded dust-free silica sand and 50%ground, hammer-milled SBR rubber granules. E. Thread for sewing seams of turf shall be as recommended by the Manufacturer. SYNTHETIC TURF 7 2.03 OTHER MATERIAL AND EQUIPMENT A. Repair Materials: Upon Substantial Completion, provide directly to the Owner the following items in the minimum quantities specified: 1. Seaming Tape-200 LF(If applicable) 2. Seaming Epoxy-Sufficient quantity for 50 SF (if applicable) 3. Turf Fabric(Green)-250 SF with at least one piece 15'wide x 10' long. 5. 500 pounds each of silica sand and ground rubber granules in weatherproof bags. B. Maintenance Equipment: 1. The Synthetic Turf supplier shall provide the Owner with the following maintenance equipment: a. Synthetic Sports Turf Groomer b. Spring Tine Rake c. Turf Sweeper 0." d. Surface Sanitizer e. Rolling Magnet f. Litter Collector 2. All equipment shall be approved by the Manufacturer and shall comply with all warranty criteria. Minimum width shall be six(6)feet.All equipment shall be designed to be towed behind a small tractor or other vehicle. 3. Training: The supplier shall train maintenance staff in the care and maintenance of synthetic turf in accordance with Manufacturer's warranty. PART 3-EXECUTION 3.01 GENERAL A. The installation shall be performed in full compliance with approved shop drawings. B. Only trained technicians, skilled in the installation of athletic caliber synthetic turf systems working under the direct supervision of the approved Installer's supervisors, shall undertake any cutting, sewing, gluing, shearing, top dressing or brushing operations. ,., C. The designated Supervisory personnel on the project must be certified, in writing by the Manufacturer, as competent in the installation of this material, including sewing or gluing seams and proper installation of the infill mixture. D. All designs, markings, layouts, and materials shall conform to all currently applicable National Collegiate Athletic Association rules and/or other standards that may apply to this type of synthetic grass installation. E. The Installer is responsible for all items above and including the leveling bed. If proper care is taken during the removal of the existing turf and infill, the preparation of the leveling bed required by the Installer is expected to be minimal. 3.02 PREPARATION A. Installer shall provide protection of existing site features from construction activities. Any damage as a result of Installer's actions shall become the full responsibility of the Installer. SYNTHETIC TURF 8 B. Site protection includes but is not limited to security guards,video surveillance,and security barriers are at the discretion of the Installer. Damage,Vandalism and/or loss during the construction period shall be the responsibility, including financial, of the Installer.The Installer is advised to ensure they have appropriate insurance coverage for these types of liabilities and takes all precautions to eliminate the risk. C. Fence Removal: Coordinate with Owner if fencing is required to be removed for equipment access to work areas. Fencing shall be removed and reinstalled in original condition by the Installer. D. Staging, Parking, and Site Access: Installer shall coordinate with Owner. E. Installer shall obtain and pay for any required permits related to delivery of materials. F. The Installer is responsible for maintaining the entire job site at all times, including all workers and visitors, in a safe and professional environment.The Installer is solely responsible for all health and safety requirements, including but not limited to, prevention personnel training and the posting of signs and notices. 3.03 DEMOLITION dot A. Site Access and Temporary Controls: Conduct selective demolition and debris removal operations to ensure minimum interference with roads, streets, walks,walkways and other adjacent occupied facilities. B. Temporary Facilities: Provide temporary barricades and other protection required to prevent injury to people and damage to adjacent buildings and facilities to remain. C. Synthetic Turf:Conduct demolition of existing synthetic turf and infill in a careful manner to maintain the integrity of the existing leveling bed, aggregate base, and underdrain system. D. Perimeter Access: Protect surfaces where construction vehicles will be crossing to maintain integrity and appearance. E. Disposal: Except for items or materials indicated to be reused or otherwise stated to remain the Owner's property, Installer shall remove demolished materials from site and legally dispose. 3.04 EXAMINATION A. Inspect the surface to receive the synthetic turf. Verify that any and all aggregate base repairs, underdrain system repairs, and leveling bed preparation is complete prior to installation. B. Prior to beginning installation, the Installer shall provide a letter of subsurface acceptance to the Owner. C. Prior to beginning installation, the subsurface shall be surveyed by an independent licensed surveyor, hired by the Owner,to confirm that grades meet the allowable deviation as specified.The survey shall be reviewed and approved by the Owner's representative prior to installation of the synthetic turf. Any discrepancies in the final grading as revealed by the survey shall be corrected. Installer shall coordinate with the Owner on timing and scheduling of the survey. D. The compaction of the aggregate base shall be 95%ASTM D698, and the surface tolerance shall not exceed 1/4 inch over 10 feet.All must be verified by means of ASTM testing and surveys to the satisfaction of the Manufacturer and Owner's representative. SYNTHETIC TURF 9 E. Owner and Installer shall conduct a visual inspection for damage to the existing concrete perimeter prior to the commencement and upon completion of the work.Any damage as a result of Installer's actions shall become the full responsibility of the Installer. F. Beginning of work means that the Installer accepts the surface planarity and compaction of �—, aggregate base. The surface shall be perfectly clean as installation commences and shall be maintained in that condition throughout the process. 3.05 INSTALLATION A. Install in accordance with Manufacturer's instructions. The Installer shall strictly adhere to the installation procedures outlined under this Section.Any variance from these requirements must be mot accepted in writing, by the Manufacturer's onsite representative, and submitted to the Owner, verifying that the changes do not in any way affect the warranty. Infill materials shall be approved by the Manufacturer and installed in accordance with the Manufacturer's standard procedures. B. The carpet rolls are to be installed directly over the properly prepared aggregate base. Extreme care should be taken to avoid disturbing the aggregate base, both in regard to compaction and planarity. It is suggested that a static roller is on site and available to repair and properly compact any disturbed areas of the aggregate base. C. The full width rolls shall be laid out across the field. No head or cross seams will be allowed if at all possible. Each roll shall be attached to the next utilizing standard state-of-the-art sewing procedures. Upon completing the installation of the playing surface rolls, the sideline areas shall be installed at right angles to the playing field turf. ,.., D. Gluing of the rolls shall not be acceptable. Minimum gluing will only be permitted to repair problem areas, corner completions, and inlaid lines. Sew seams using butt seam sewing machine and polyester thread. Seams shall be flat,tight, and permanent with no separation or fraying. E. Infill materials shall be applied in numerous lifts. The turf shall be brushed using a rotary broom and groomer broom simultaneously, as the mixture is applied. The infill material shall be installed to a depth determined by the Manufacturer. The mix shall be uniform and even in thickness to assure proper playing characteristics. F. The infill materials shall be installed to fill the voids between the fibers and allow the fibers to remain vertical and non-directional. A final application of specifically sized rubber granules completes the system. The infill shall be installed to the Manufacturer's recommended depth. A layer of non- marking rubber shall be placed as the final lift of the fill, to prevent sand, if utilized, from coming in contact with players and to minimize ball marking. G. Synthetic turf shall be attached to the perimeter edge detail in accordance with the Manufacturer's standard procedures. 3.06 CLEANING A. Protect installed turf from subsequent construction operations. "1" B. Do not permit traffic over unprotected turf surface. C. Installer shall provide the labor,supplies,and equipment as necessary for final cleaning of surfaces and installed items. D. All usable remnants of new material shall become the property of the Owner. SYNTHETIC TURF 10 E. The Installer shall keep the area clean throughout the project and clear of debris. F. Surfaces, recesses, enclosures, etc., shall be cleaned as necessary to leave the work area in a clean, immaculate condition, ready for immediate occupancy and use by the Owner. 3.07 TIMING, LIMITATIONS AND CONDITIONS AFFECTING INSTALLATION A. Weather and Climate: If, in the opinion of the Manufacturer or the Owner, weather and climatic conditions are having or will have an adverse effect on installation. Work shall be delayed until the adverse condition has passed. B. Adjacent and Concurrent Construction: Installation shall not take place until the completion of adjacent or concurrent construction operations which generate dust, airborne abrasives, or any other by-product that, in the opinion of the Owner, Manufacturer, or Installer would be harmful to the synthetic turf. Under specific direction of the Owner, the Installer may be allowed to cover the turf with an approved covering if such harmful construction operations must occur after the turf has been installed. END OF SECTION SYNTHETIC TURF 11 r" k Farvew-a'e•e,e e•v� WNHH�'NllA dS+AWNnirvnaBq,Wb� --1 Y1•�'n'rani5�'1 pM'e e e e ere•ntjld • '17 PoN.vu.w�c�u If applicable, insert reference(s)to project ans• details, and notes p.c.! Exhibit A-Buck Egger Turf Replacement Project gd"! VSNi'i•i•i•�NNN ��OrNNNbuvaVNNk i I Sidi0�0�0�0�0•vrwiyl tw�,a�uwM II r ' r it r��l'Yf•f Yi �S$i6�NNuo�Ny.Udl� - I 's �,,,��nee�'wi°'µ r� Oltvy,,,,,,,,F,_.. .,-',,, _.. 'is(S . sisAi''• sle ' - . ., ,, .., Via X y F , U A A - - Zµ, .0 0 -c.. ,tea ,, awr Y 1041111 t „ -1 �. J - U.I Yz w z Mill i J n --1 , _„, - p ' ,Ii,-,.�� ..-1,.. , w si° VoleiVii tti * EL'." , m f . O Z I f.,-- ,. z I-- �r H w 0 OIA 3� E— Z 4 .s' 4' ¢- £� -,3 _�; - 'sw�c Awe, w .W .... ti `` ,a W W • w _, 0 o Q 0 Z ct w W a. c/) C 0 —— < LL. -. W ~-Z I— E- LLSTAIM ND , yif , mx ry X '-.-: ,,,_ ,.,,... c) - - -- - , }y~ a ''' '' ) , , ,,.. ,.... , , il.i 171 , ,,,, .. .? .4'1 ...'- '' „. pia w BID FORM PROJECT NAME: Buck Egger - Turf Replacement Project 2021 PROJECT LOCATION: Round Rock, Texas OWNER: City of Round Rock, Texas DATE: July 2021 Pursuant to the toregoing Notice to Bidders and instructions to Bidders, the undersigned bidder hereby proposes to do all the Work, to furnish all necessary superintendence, labor, machinery, equipment, tools, materials, insurance and miscellaneous items, to complete all the Work on which he bids as provided by the attached Bid Documents, and as shown on the plans for the construction of Buck Egger - Turf Reulacement Project 2021 and binds himself on acceptance of this bid to execute the Agreement and bond for completing said Work within the time stated, for the following prices, to wit: Any addenda issued will be posted with the Project Manual and/or Contract Documents on the City's website at roundrocktexas.gov/solicitations by the close of business on Frida , August 6th .—Prior to submitting a bid, the bidder is responsible for determining if any addenda have been issued and for following any instructions in any addenda issued, Bidder acknowledges receipt of the following Addenda by listing Addendum "number" and "date". Addendum # I _ August C 2021 BASE BID Bid Approx. Item Description Item ouantity Unit and Written Unit Price Unit Price Amount 1 1 LS Removal and Replacement of existing $103,309.00 15,000 Sgft Slit -Film Synthetic Turf System, including preparation of existing subsurface; any necessary repairs to existing underdrain system; and legal disposal of demolished materials, complete in place per plans and specs for One Hundred Three Thousand Three Hundred Nine dollars and zero cents. TOTAL BASE BID: STATEMENT OF SEPARATE CHARGES: Materials: All Other Charges: * Total: $103,309.00 $77,752.00 $25.557.QQ $103,309.00 * Note: This total must be the same amount as shown above for "Total Base Bid" 00111-9-2011 Page I of 3 Bid Form ADD ALTERNATE BID Bid Approx. Item Description Item Quantity Unit and Written Unit Price Unit Price I 1 LS Add/Deduct to replace existing tuf $2,010 with a Dual -Fiber Synthetic Turf System, complete in glace per plans and specs for two thousand ten dollars and zero cents. TOTAL ADD ALTERNATE BID: $2,010.00 STATEMENT OF SEPARATE CHARGES: Materials: $2,010.00 All Other Charges: NIA * Total: $2,010.00 * Note: This total must be the same amount as shown above for "Total Add Alternate Bid" BASE BID $103,309.00 ADD ALTERNATE BID $2,010.00 TOTAL S 1 Q5.319.00 _ Amount 15,000 Sqft If this bid is accepted, the undersigned agrees to execute the Agreement and provide necessary bonds and insurance certification as per the Instructions to Bidders. The undersigned certifies that the bid prices contained in the bid have been carefully checked and are submitted as correct and final. The Owner reserves the right to reject any or all bids and may waive any informalities or technicalities. Respectfully ab ' ed, Signature 4201 West Partner Lane Suite B175 Mark Weightman Austin, TX 78727 1 Print Name Address Vice President 512-733-5300 1 Title l Telephone Act Global Americas, Inc Name of Firm 8/ 10/2021 Date Secretary, if idder is a I 1 1 J Corporation 00200-9-2015 Page 3 of 3 Bid Form ROUND ROCK TEXAS PARKS AND RECREATION August 13, 2021 RE: Recommendation to Award —Buck Egger— Turf Replacement Project 2021 Dear Mr. Atkins, As you are aware, on Tuesday, August l Oth at 1 l .00 a.m., sealed bids were opened for the above referenced project. Though advertised in the newspaper and on the City's Solicitations page, only one (1) bid was submitted for this project. While less than ideal, this was not entirely surprising as we recently learned the project was deemed too small by one of the major turf manufacturers. The bid we did receive was submitted by Act Global in the amount of $103,309,00 for the base bid and $2010.00 for the add alternate. Based upon my research into fair pricing on similar synthetic turf systems, the price per square foot proposed by Act Global is very reasonable. According to the professional association, Sports Turf Managers Association, the average cost for a synthetic sports field costs between $6.00-$10.25 per square foot- Act Global's base bid reflects a cost of $6.89 per square foot, and $7.02 per square foot with the add alternate - Additionally, Act Global was the original turf manufacturer and installer of the Buck Egger field. They have knowledge of the underdrain system and a vested interest in keeping this field "their turf. Headquartered in North Austin, Act Global frequently shows this field to new employees. Based upon ali these considerations, I recommend the City of Round Rock accept the base bid and add alternate submitted by Act Global totaling $105,319.00 as the best value for the City. If additional information is required, please advise. Sincerely, Mayor C'ratg Morgan Mayor Pro -tern Rene Flores Rachel Morris, PLA I ASLA Council Members Michelle E-y v Park Development S ecialisl P P Matthew Baker City of Round Rock Parks and Recreation Department Frank Ortega Kristin Stevens Hilda Montgomery E17CIOSUreS City Manager cc. Project File Laurie I ladley City Attorney Stephan L. Sheets CITY OF ROUND ROCK - PARKS AND RECREATION DEPARWENT - 301 West Bagdad. Suite 2',0 - Round Rock. Texas 78664 Phone 512 219.5540 - Fax: 512.218.5548 - %% w roundrocktexas.gov CERTIFICATE OF INTERESTED PARTIES FORM 1295 1of1 Complete Nos. 1- 4 and 6 if there are interested parties. OFFICE USE ONLY Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties. CERTIFICATION OF FILING Certificate Number: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. 2021-792674 Act Global Austin, TX United States Date Filed: 08/19/2021 2 Name of governmental entity or state agency that is a party to the contract for which the form is being filed. City of Round Rock Date Acknowledged: 08/1912021 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 Replacement of synthetic turf field at Buck Egger Park 4 Name of Interested Part Y City, State Count lace of business tY, Country (p 1 Nature of interest check applicable) f pp 1 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) 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 V1.1.191b5cdc CERTIFICATE OF INTERESTED PARTIES FORM 1295 1of1 Complete Nos, 1- 4 and 6 if there are interested parties. OFFICE USE ONLY Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties. CERTIFICATION OF FILING 1 Name of business entity filing form, and the city, state and country of the business entity's place Certificate Number: of business. 2021-792674 Act Global Austin, TX United States Date Fffed: 2 Name of governmental entity or state agency that Is a parry to the contract for which the form is 08/19/2021 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 Replacement of synthetic turf field at Buck Egger Park 4 Name of Interested Parry City, State, Country (place of business) Nature of interest (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 ! rpY1 > C [�—v, '7g6y . Ut! (street) (city) (state) (zip code) (country) I declare under penalty of perjury that the foregoing is true and correct. Executed in lZI%1.5County. State of on the day of ?r , 20 . (month) (year) nature of authorized agent of contracting business entity (Declarant) ruii1to wuviucu uy r uxas Edwtas Cummrssion www.etntcs.5tate.D(.US version V1.1,191bSedc