Loading...
Contract - NG Painting - 10/14/2021 (2) CITY OF ROUND ROCK UTILITIES AND ENVIRONMENALS ROUND ROCK TEXAS 'Project South 1 Composite Elevated a Rehabilitation August 2021 Prepared By: David F'rcircich, P.E. City of Round Rock OF r t I ���M ryry p I9 South 81 Composite Elevated Tank Rehabilitation TABLE OF CONTENTS Section Description No. of Pages 00020 Notice to Proposers I 00100 Instructions to Proposers 12 Exhibit A 1 00150 Questionnaire 6 00200 Bid Bond 2 00300 Proposal Form 4 00310 Bid Form 6 00410 Statement of Bidder's Safety Experience 12 00500 Agreement 5 00600 Insurance & Construction Bond Forms Performance & Payment Bond Instructions 1 Insurance Instructions 1 00610 Performance Bond 3 00620 Payment Bond 2 00650 Certificate of Liability Insurance 3 00700 General Conditions 41 00800 Supplemental General Conditions 2 00900 Special Conditions 5 01000 Technical Specifications 4 Attachment A 25 02000 Plans, Details and Notes 4 City logo included in a separate document. Map and tank description included. 8-2016 Table of Contents 00090665 00020 NOTICE TO PROPOSERS Notice to Proposers Pursuant to the provisions of Texas Government Code Section 2269.151, it is the intention of the City of Round Rock to select, via the Request for Proposal, a prime contractor by using the Competitive Sealed Proposal process for the construction of the South 81 Composite Elevated Tank Rehabilitation project as generally described herein. The project includes: repairing and recoating of the 1,250,000 gallon elevated water tank. Sealed Proposals containing one digital copy, on a USB Flash Drive, and a total of three (3)hard copies of each proposer's complete"Proposal Form," (Proposal Form not required on digital copy) "Questionnaire,"and any other required or additional materials that follow the "Format of Submitted Proposal"must be submitted to Juan Martinez, City of Round Rock, 3400 Sunrise Road,Round Rock, TX 78665 no later than August 24,2021 at 10:OOam in an opaque envelope/packaging, sealed, and clearly marked on the outside with: Proposal to Serve as Competitive Sealed Proposal for the SOUTH 81 COMPOSITE ELEVATED TANK REHABILIATION Proposals will be publicly opened and read aloud at City of Round Rock Utilities and Environmental Services, 3400 Sunrise Rd, Round Rock, TX 786654 at 10:00am on August 24.No oral, telegraphic or facsimile proposals will be accepted. No late proposals will be accepted. No proposals may be withdrawn after the scheduled proposal opening deadline. All proposals received after the scheduled proposal opening deadline will be returned unopened. Proposals are to include the specific qualification information requested in the sequence and format prescribed in the Proposal Packet including Plans,Bid Forms, Specifications, and Instructions to Bidders may be obtained free of charge at the following web address: '.ww._c veastus-,a co . Registration with CivCast is required at the website to download the documents. Bidders shall be responsible for printing or obtaining prints of the aforementioned documents as necessary.For questions please contact the City's Project Manager, Juan Martinez, (512) 341-3332. A pre-proposal meeting will be held at 3400 Sunrise Rd,Round Rock, TX 78665 on August 17, 2021 at 10:00 a.m. Attendance is mandatory. The owner's representative will be in attendance to discuss the project. Each proposal must be accompanied by a cashier's check or acceptable bond payable to the City of Round Rock in an amount not less than five percent(5%) of the total proposed contract sum,plus alternates as submitted. The successful proposer will be required to furnish payment bonds and performance bonds in amounts equal to one hundred percent(100%) of the contract sum,in accordance with chapter 2253 of the Texas government Code,within five (5) days of award of contract. Selection of the successful Proposer will be based on the selection criteria set forth in the instructions to proposers. In case of ambiguity, duplication or obscurity in the proposals, The City of Round Rock reserves the right to reject any and/or all proposals and waive any informalities and irregularities in any and/or all proposals received. Contractors and subcontractors shall pay to laborers,workman and mechanics the prevailing wage rates as determined by the City of Round Rock Publication Dates: Round Rock Leader Pflugerville Pflagg 1. August 4, 2021 1. August 5, 2021 2. August 11, 2021 2. August 12, 2021 00100 INSTRUCTION TO PROPOSERS Citv of Round Rock, Texas Instructions to Proposers: Section 00100 INSTRUCTIONS TO PROPOSERS SOUTH 81 COMPOSITE ELEVATED TANK REHABILIATION 1.1 RELATED DOCUMENTS A. Drawings and general provisions of the contract forms, including General Conditions and Supplemental General Conditions and other specification sections, are applicable documents. 1.2 DEFINITIONS A. All definitions set forth in the General Conditions and Supplemental General Conditions, in Round Rock's "Standard Form of Agreement between Owner and Contractor," and in other contract documents are applicable to these proposal documents. B. Proposal documents include the Request for Competitive Sealed Proposals for Construction Services, Instructions to Proposers, Proposal Form, sample bond and contract forms, and the proposed contract documents including any addenda issued prior to receipt of proposals. C. Addenda are written or graphic instruments issued prior to the opening of the proposals which modify or interpret the proposal documents (including drawings and specifications) by additions, deletions, clarifications or corrections. Addenda become part of the contract documents when the Standard Form of Agreement between Owner and Contractor is executed. D. The City of Round Rock may be referred to in the proposal documents as Owner. E. A proposal is a complete and properly signed proposal to do the Work for the sums stipulated therein, submitted in accordance with the proposal documents. F. The base contract sum is the sum stated in the proposal for which the Proposer offers to perform the work described in the proposal documents as the base, to which work may be added or from which work may be deleted, for sums stated in alternate proposals, if alternate proposals are required. G. An alternate proposal (or alternate) is an amount stated in the proposal to be added to or deducted from the amount of the base contract sum and the corresponding change in the work, as described in the proposal documents or in the proposed contract documents. H. A unit price is an amount stated in the proposal as a price per unit of measurement for materials or service as described in the proposal documents or in the proposed contract documents. I. A Proposer is a person or entity who submits a proposal. J. A subcontractor is a person or entity who submits a proposal to a Proposer for materials or labor for a portion of the Work. K. The Contractor is the person or entity that has been determined to provide the best value for Owner based on Owner's Selection Criteria and its ranking evaluation, and to whom Owner awards the contract. L Contract refers to the City of Round Rock's "Standard Form of Agreement between Owner and Contractor." 1.3 EXAMINATION OF DOCUMENTS AND SITE A. Each Proposer, by making a proposal, represents that she/he has read and understands the proposal documents. B Each Proposer, by making a proposal, represents that she/he has visited the site, performed investigations and verifications as she/he deems necessary, and familiarized her/himself with the local conditions under which the Work is to be performed, and will be responsible for any and all errors in her/his proposal resulting from failure to do so. C. The location and elevations of the various utilities and pipe work included within the scope of the Work are offered as a general guide only, without guarantee as to accuracy. The Proposer shall verify and investigate to her/his own satisfaction the location and elevation of all utilities, pipe work, and the like and shall adequately inform her/himself of their relation to the work before submitting a proposal. D. Before submitting a proposal each Proposer will, at Proposer's own expense, make or obtain any additional examinations, investigations, explorations, tests and studies and obtain any additional information (surface, subsurface, and underground facilities) at or contiguous to the site, or otherwise, which may affect cost, progress, performance or furnishing of the Work and which Proposer deems necessary to determine her/his proposal for performing and furnishing the Work in accordance with the time, price and other terms and conditions of the contract documents. E. On request in advance, Owner will provide each Proposer access to the site to conduct explorations and tests as each Proposer deems necessary for submission of a proposal. Proposer shall fill all holes, clean up, and restore the site to its former condition upon completion of such explorations. F. The lands upon which the Work is to be performed, all rights-of way and easements for access thereto, and other lands designated for use by Contractor in performing the Work are identified in the contract documents. G. Each Proposer,by making her/his proposal,represents that her/his proposal is based upon the materials, systems, and equipment required by the proposal documents without exception. 1.4 PROPOSAL DOCUMENTS A. Complete sets of proposal documents shall be used in preparing proposals; neither Owner nor the Architect or Engineer assumes any responsibility for errors or misinterpretations resulting from use of incomplete sets of proposal documents. B. Owner or the Architect or Engineer, in making copies of the proposal documents available on the above terms, do so only for the purpose of obtaining proposals on the Work and do not confer a license or grant for any other use. 1.5 PROPOSAL PROCEDURES A. All proposals shall be prepared on the Proposal Form provided by the Architect or Engineer and submitted in accordance with these Instructions to Proposers. Proposers shall provide all requested information. B. A proposal is invalid if it has not been deposited at the designed location prior to the time and date for receipt of proposals indicated in the Request for Competitive Sealed Proposals for Construction Services and/or the Notice to Proposers [included at Section 00020 of the Project Manual], or prior to any extension thereof issued by addenda to the proposers. Proposals received after submission deadline shall be returned unopened and will be considered unacceptable and shall be considered void. Owner shall never be held responsible for lateness of mail, carriers, couriers, etc., and the time/date stamp clock used by the City of Round Rock shall be the official time of receipt. C. Unless otherwise provided in any supplement to these Instructions to Proposers, no proposer shall modify, withdraw or cancel her/his proposal or any part thereof for ninety(90)days after the time designated for the receipt of proposals in the Request for Competitive Sealed Proposals for Construction Services. D. Proposals shall not contain any recapitulation of the Work to be done. E. Proposers shall make no additional stipulations on the Proposal Form,nor limit,nor qualify proposals in any other manner. Proposals so qualified will be subject to disqualification. F. Itemized Bids and listed Key Subcontractors are due at bid opening on August 24, 2021 at 10:00am. Itemized bids should include a breakdown of major divisions of construction and key Subcontractors list. Key Subcontractors can be described as a licensed trade, any Subcontract totaling 5% or more of the proposed contract sum, or a critical path Subcontractor. 1.6 DISCREPANCIES AND AMBIGUITIES A. Each proposer shall examine the proposal documents carefully and, not later than, two business days prior to bid opening, shall make written request,via email and by email only, to the Owner for questions, interpretations or corrections of any ambiguity, inconsistency or error therein which she/he may discover to: Juan Martinez, Project Manager Any interpretations, corrections and changes to proposal documents or extensions to the opening date will be made by addenda to the proposal documents by Owner and communicated publicly through the Civcast website: www.eiveastusa.com Sole authority to authorize addenda shall be vested in Owner. Prior to submitting the proposal, the proposer is responsible for determining if any addenda have been issued and for following any instructions. Proposers shall acknowledge receipt of all addenda. It shall be the Proposer's sole responsibility to insure receipt of all addenda before proposal submission. 1.7 SUBSTITUTIONS A. Each Proposer represents that her/his proposal is based upon the materials and equipment described in the proposal documents. B. No substitution will be considered unless written request has been submitted to the Owner for approval not later than August 17, 2021. C. If the Architect or Engineer and Owner approve a proposed substitution, such approval will be set forth in an addendum. D. Substitutions not submitted and approved by August 17, 2021 may be added as a Voluntary Alternate and submitted at time of bid on the proposal form. 1.8 QUALIFICATION OF PROPOSERS A. Every Proposer shall submit with her/his proposal a properly executed Questionnaire. B. Proposers may be disqualified, and their proposals not considered for, by way of illustration but not by way of limitation, any one or more of the following reasons: 1. Reasonable information or belief that collusion exists among Proposers; 2. Proposer being interested in any manner in any litigation involving Owner; 3. Proposer being in arrears on any existing contract or having defaulted on any previous contract; 4. Lack of competency as revealed by the financial statement, experience and equipment, Questionnaire, or qualification statement; 5. Uncompleted work which in the judgment of Owner will prevent or hinder the prompt completion of additional work if awarded. 1.9 PREPARATION OF PROPOSAL A. Proposer shall submit her/his proposal on the Proposal Form furnished as part of the proposal documents in the required format. All blank spaces in all forms shall be correctly filled in and the Proposer shall state the prices, written in words and in figures. Where there is a discrepancy between the price written in words and the price written in figures, the price written in words shall govern. If the proposal is submitted by an individual, that person's name must be signed by that person or by that person's duly authorized agent. If the proposal is submitted by a firm, association or partnership, the name and address of each member must be given, and the proposal must be signed by an official or duly authorized agent. Powers of Attorney which authorize agents or others to sign proposals must be properly certified and must be in writing and submitted with the proposal. 1.10 PROPOSAL SECURITY A. Each proposal must be accompanied by proposal security made payable to Owner in an amount of five percent (5%) of the Proposer's maximum proposal price; and same shall be in the form of a cashier's check or a Proposal Bond, duly executed by Proposer as principal and having as surety thereon a corporate surety authorized and admitted to do business in the state of Texas and licensed to issue such bond, as a guarantee that Proposer will enter into the City's contract and execute the required Performance and Payment Bonds within five (5) days of Owner's award of contract. B. The Proposal Security will be retained until such Proposer has executed the Standard Form of Agreement between Owner and Contractor, and furnished the required bonds,whereupon the proposal security will be returned. If Proposer fails to execute and deliver the Standard Form of Agreement between Owner and Contractor and furnish the required bonds within five (5) days of Owner's award of contract, Owner may annul the award of contract. In that event, the proposal security of that Proposer will be become the property of Owner, not as a penalty but as liquidated damages. Owner reserves the right to award the contract to the next-ranking Proposer based on Owner's evaluations of the proposal, as Owner deems to it be in the best interests of Owner. The proposal security of the other proposers whom Owner believes to have a reasonable chance of receiving the award may be retained by Owner until the earlier of the seventh (7th) day after the effective date of the Standard Form of Agreement between Owner and Contractor or the ninety-fifth (95th) day after the proposal opening, whereupon the proposal security furnished by such proposers will be returned. C. Owner has the right to retain the proposal security of all Proposers until either: 1. The Standard Form of Agreement between Owner and Contractor has been executed and the bonds have been furnished, or 2. The specified time has elapsed so that proposals may be withdrawn, or 3. All proposals have been rejected. 1.11 PERFORMANCE BOND & LABOR& MATERIAL PAYMENT BOND A. Contractor shall post with Owner, within five (5) days of Owner's award of contract, a Performance Bond in the amount of one hundred percent(100%) of the total contract price in such form as is deemed satisfactory by Owner. This bond shall be executed by a corporate surety company duly authorized and admitted to do business in the state of Texas and licensed to issue such bond in the state. B. Contractor shall post with Owner, within five (5) days of Owner's award of contract, a Payment Bond in the amount of one hundred percent(100°/x)of the total contract price in such form as is deemed satisfactory by Owner. This bond shall be executed by a corporate surety company duly authorized and admitted to do business in the state of Texas and licensed to issue such bond in the state. C. In addition to the above requirements, if the amount of any bond exceeds One Hundred Thousand and No/100 Dollars ($100,000.00), then the surety on such bond 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 Texas 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 on the bond or the reinsurer holds a certificate of authority from the United States Secretary of the Treasury, Owner may conclusively rely on the list of companies holding certificates of authority as acceptable sureties on federal bonds and as acceptable reinsuring companies published in the Federal Register by the United States Department of the Treasury covering the date on which the bond was executed. D. Contractor must file, along with the Performance Bond and Payment Bond, all documents and information necessary to establish that the agent signing the bond is authorized to write the bond in the amount requested and, if applicable, that reinsurance requirements have been met, including limits and ratings or other evidence of company solvency. E. If the corporate surety company on any bond furnished by Contractor to Owner is declared bankrupt or becomes insolvent or such corporate surety company's right to do business in the state of Texas is revoked, then Contractor shall within five (5) days thereafter substitute another bond and corporate surety company, both of which must be deemed acceptable by Owner. 1.12 FILING PROPOSAL A. No proposal will be considered unless it is filed with Owner within the time limit for receiving proposals as stated in the Request for Competitive Sealed Proposals and/or the Notice to Proposers [included at Section 00020 of the Project Manual]. Each proposal shall be in a sealed envelope/packaging plainly marked as required by those documents. 1.13 MODIFICATION AND WITHDRAWAL OF PROPOSAL A. No proposal may be withdrawn or modified after the proposal opening except where the award of the contract has been delayed beyond ninety(90)days after date of proposal opening. 1.14 IRREGULAR PROPOSAL A. Proposals will not be considered if they show any omissions, alterations of form, additions, conditions not requested, unauthorized alternate proposals, or irregularities of any kind. However, Owner reserves the right to waive any irregularities and to make the award in the best interests of Owner. 1.15 REJECTION OF PROPOSAL A. Proposer acknowledges the right of Owner to reject any or all proposals and to waive any informality or irregularity in any proposal received. In addition, Proposer recognizes the right of Owner to reject a proposal if Proposer failed to furnish any required proposal security, or to submit the data required by the proposal documents, or if the proposal is any way deemed incomplete or irregular. 1.16 SELECTION CRITERIA AND OWNER EVALUATION A. Owner intends to award the contract to the Proposer whose proposal represents the best value to Owner according to the selection criteria and the relative weighting set forth herein. The selection criteria that Owner will use in selecting the successful Proposer and the relative weighting of such criteria are as follows: Selection Criteria a) Price: The quoted price, cost methodology, alternatives proposed, and markup for changes. (Total 50 pts.) b) Experience: 1) Has the proposer firm performed projects as described in Section 00150? 2) Have the proposer's major subcontractors performed projects as described in Section 00150? 3) Are there governmental clients listed (with contact information) and was the project overall a positive experience for those clients? 4) Are the projects presented equal or greater in complexity, scope, and dollar value when compared with the proposed project? 5) Was the completion of similar projects completed according to the construction schedule? (Total 20 pts.) C) Company and Construction Team Qualifications: 1) Is the company competent, financially stable, and experienced to complete the proposed project? 2) Has the project manager and superintendent been successful in managing projects of similar size, complexity, and scope as the proposed project? 3) Does the construction team's resumes reflect technical knowledge and practical experience managing and constructing projects, equal to the proposed project? 4) Has the construction team worked together on multiple projects?5)Was a written statement from the coating's manufacturer provided? (Total 20 pts.) d) Plan, Schedule and Quality Control: 1) Was a well thought out containment drawing provided?2)Is the company able to meet the proposed construction schedule? 3) Has your organization met the project schedule for a project contracted with the City of Round Rock in the past? 3) Does the company have a valid contingency plan if delays occur and the ability to execute that plan? 4) Does the company have a valid quality control program? (Total 15 pts.) e) Compliance with Administrative Requirements and Information Requested: 1) Did the Proposer follow the Proposal Instructions and Format? (Total 0 to- 5 pts.) B. Proposals shall be publicly opened, and the names of each Proposer shall be read aloud, together with all prices stated in each proposal. C. Within forty-five (45) days after the proposals are opened, Owner or its designated representatives shall evaluate and rank each proposal submitted in relation to the published selection criteria and weighting. D. Owner will initially attempt to negotiate a contract with the first ranked Proposer. If Owner does not require any modifications to the scope, time, or price, then the first ranked Proposer shall execute the Standard Form of Agreement between Owner and Contractor, as awarded. If for any reason Owner is unable to reach contract execution with the first ranked Proposer, then Owner will give written notification to that Proposer that negotiations are ended and will then proceed to negotiate with the next ranked Proposer in the order of selection ranking until such time as a contract is reached or all proposals are rejected. Proposals may be rejected at any time. 1.17 EXECUTION OF CONTRACT A. No contract shall be binding on Owner until it has been executed by Owner or its duly authorized representative, and same delivered to Contractor. 1.18 FAILURE TO EXECUTE CONTRACT A. The failure of the Proposer to execute the required bonds or to sign the required contract within five(5)days after the contract is notified that the scoring committee has selected them as the 1st choice contractor shall be considered by Owner as abandonment of the proposal, and Owner may rescind the notice. 1.19 PURCHASE ORDER A. Purchase order(s) shall be generated by Owner to Contractor. The purchase order number must appear on all itemized invoices. 1.20 NOTICE TO PROCEED A. Upon the execution of bonds and contract, Owner will issue a written Notice to Proceed to Contractor requesting that she/he proceed with construction, and establishing the commencement of the contract time; thereafter, Contractor shall commence work within ten (10) calendar days after the date of Notice to Proceed. 1.21 CONSTRUCTION SCHEDULE A. The time for substantial completion is one-hundred ten (120) calendar days from the notice to proceed letter and one-hundred twenty (130) calendar days from notice to proceed letter to final completion. Such deadline for completion will be included in the Standard Form of Agreement between Owner and Contractor. 1.22 LIQUIDATED DAMAGES A. Should Contractor fail to achieve completion of the work within the specified completion schedule, then the sum of One Thousand and No/100 Dollars ($1,000.00) per calendar day of delay will be deducted from the loonies due Contractor for the work, and such sums shall be reasonable liquidated damages due to the impracticability or impossibility of ascertaining the actual damages. 1.23 PERMITS A. Contractor shall be responsible for obtaining all necessary permits. 1.24 MATERIALS TESTING A. Owner will be responsible for providing or contracting for inspection services and materials testing, all in accordance with Texas Local Government Code §271.116(c) and any other applicable statutes. 1.25 WAGE SCALE A. In accordance with V.T.C.A.,Government Code, Title 10, §2258 "Prevailing Wage Rates," the general prevailing wage rate has been determined for this locality for the craft or type of worker needed to execute work of a similar character to the project listed herein. Contractor shall pay the prevailing wage rate in this locality to all employees and subcontractors performing work on this project, and in no event shall Contractor pay less than the rate shown in the following schedule: Except for work on legal holidays,the"General Prevailing Rate of Per Diem Wage" for the various crafts or type of workers or mechanics is the product of (a) the number of hours worked per day, except for overtime hours, times (b) the above respective rate per hour. B. For legal holidays,the"General Prevailing Rate of Per Diem Wage"for the various crafts or type of workers or mechanics is the product of(a) one and one-half times the above respective rate per hour, times (b) the number of hours worked on the legal holiday. C. For overtime work,the"General Prevailing Rate of Per Diem Wage"for the various crafts or type of workers or mechanics is the product of(a) one and one-half times the above respective rate per hour, times (b) the number of hours worked on overtime. D. Under the provisions of V.T.C.A., Government Code, Title 10, §2258 "Prevailing Wage Rates,"Contractor or subcontractor of Contractor shal l forfeit as a penalty to the entity on whose behalf the contract is made or awarded, the sum of Sixty and No/100 Dollars ($60.00) for each calendar day, or portion thereof, that the worker is paid less than the wage rates stipulated in the contract. E. If the construction project involves the expenditure of federal funds in excess of Two Thousand and No/100 Dollars ($2,000.00), then the minimum wages to be paid various classes of laborers and mechanics will be based upon the wages that will be determined by the Secretary of Labor to be prevailing for the corresponding classes of laborers and mechanics employed on the project of a character similar to the contract work. 1.26 MISCELLANEOUS PROVISIONS A. Any quantities given in any portion of the contract documents, including the plans, are estimates only, and the actual amount of work required may differ somewhat from the estimates. The basis for payment shall be the actual amount of work done and/or material furnished. B. Contractor shall not commence work until she/he has furnished certification of all insurance required and such has been approved by the City of Round Rock, nor shall Contractor allow any subcontractor to commence work on her/his subcontract until proof of all similar insurance that is required of the subcontractor has been furnished and approved. The certificate of insurance form included in the contract documents must be used by Contractor's insurer to furnish proof of insurance. C. Proposals shall be submitted on a separated contract basis. No Texas sales tax shall be included in the prices proposed for materials consumed or incorporated into the finished product under this contract. This contract is issued by an organization that is qualified for exemption pursuant to the provisions of§151.309(5) of the Texas Tax Code. The City of Round Rock will issue an exemption certificate to Contractor. Contractor must then issue a resale certificate to the material supplier for materials purchased. Contractor must have a valid sales tax permit in order to issue a resale certificate. In obtaining consumable materials, Contractor will issue a resale certificate in lieu of payment of sales tax, and the following conditions shall be observed: 1. The contract will transfer title of consumable,but not incorporate,materials to the City at the time and point of receipt by Contractor; 2. Contractor will be paid for these consumable materials by the City of Round Rock as soon as is practicable. Payment will not be made directly, but considered subsidiary to the pertinent item. 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 of Round Rock must be notified as soon as possible of the receipt of these materials so that an inspection can be made by the City's representative. Where possible,the materials will be labeled as the property of the City of Round Rock. D. If Proposer's insurance company is authorized, pursuant to its agreement with Proposer, to arrange for the replacement of a loss rather than by making a cash payment directly to the City of Round Rock, the insurance company must furnish or have furnished by Proposer a Performance Bond in accordance with §2253.021(b), Texas Government Code, and a Payment Bond in accordance with §2253.021(c), Texas Government Code. Format of Submitted Proposal Cover Sheet Tab A. Proposal Form Tab B. Questionnaire 1. Basic information 2. Organization 3. Experience for Contractor and Each Main Subcontractor Tab 3.1) Insert Five Past Project List for Contractor Tab 3.2) Insert Past Project List for Subcontractors Tab 3.3) Insert Claims and Suits Explanation 4. Proposed Personnel Tab 4.1) Insert Coating Manufacturer Statement Tab 4.2) Insert Team Projects Resumes Tab 4.3) Insert List of Prior Team's Projects Together 5. Plan, Schedule and Quality Control Tab 5.1)Provide Containment Drawing Tab 5.2)Provide Preliminary Schedule Tab 5.3) Provide Contingency Plan Tab C. Questionnaire Signature/Acknowledgment Tab D. Bid Bond Tab E. Statement of Bidder Safety Experience 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 Form1295 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: bll s;//www.et iccs.state.tx.us/filin pinfo/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 .EC'_s._ AG�...p c 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 5.]y �.(L)roundrocktexas.gov as soon as it is completed. DO NOT send the form back to the Purchasing Department,Project Manager, or mail it with signed original agreements/contracts. ✓ The City Clerk only has 30 days from receipt to acknowledge the form in the TEC system. If you do not return it to the City Clerk promptly, and the 30 days has expired when she receives it,you WILL have to complete another one. • A new Form 1295 must be done for each contract a business entity enters into with the City, including Supplementals,Amendments, and Change Orders. • A Form 1295 cannot be handwritten. It must be completed electronically through the TEC website application. If you have any questions regarding the process of filing of Form 1295 with the City,please contact: Sara White, City Clerk Phone: (512)218-5404 E-mail:swhite(cz)roundrocktexas. If you have questions regarding the actual form or the online filing application,please visit the TEC's FAQ page: hht s://www.et[iics,.state.(x.us/resources/l^A's/l, l^orm1295.�1-p Revised 8/2020 00150 QUESTIONNAIRE City of Round Rock,Texas Questionnaire: Section 00150 Request for Competitive Sealed Proposals for Construction Services Round Rock, Texas 78664 QUESTIONNAIRE Please provide the following information in the same sequence and in the same format contained herein. This for may be retyped at the proposer's option. Supplemental materials providing additional information in response to any question may be attached (and must be numbered to correspond tothe number of the question), but the information requested below is to be provided in this format. 1. Basic Information: 1.1 Name of organization: N , 6, . Vaintin , t jP 1.2 Address of principal office: /,?,Pandel',11L le. AD, Xerorv, Jlt-, -TX -79c9:FS' 1.3 Telephone number and facsimile number of principal office: &30 -,,)5'7 -,5-94/0 1.4 Form of business organization (e.g., corporation, partnership,joint venture): PI net,,5 A. 1.5 Year founded: f7 1.6 Individual named as primary contact (including telephone number if not at principal office): 2. Organization: 2.1 How many years has your organization been in business in construction in its current capacity? 33 2,2 How many years has your organization been in business under its present name? 33 2.3 Under what other former names has your organization ever operated? q 4✓ 2.4 If your organization is a corporation, answer the following: (a) date and state of incorporation, and (b) names and titles of all corporate officers. 2.5 If your organization is a partnership,answer the following: (a)date of organization; (b) type of partnership(if applicable); and(c) the names of all general partner(s). 2.6 If your organization is individually owned, answer the following: (a) date of organization; and (b)name of owner. 2.7 If the form of your organization is other than those listed above: (a) describe it; and (b) name the appropriate owners, officers, principals, etc. 2.8 Is your organization authorized to do business in Texas? e-S 3 Experience: 3.1 Work Over Past Five Years: Attach a list of five (5)elevated storage tanks for potable water service that have been rehabilitated within the last five years. For each such project provide: (a) the name, and for whom constructed; (b) location; (c) project description; (d) construction procurement method(e.g., competitive bid); (e) nature of your services (e.g., general contractor); (f) contract amount; (g) tank size in millions of gallons (mg); (h) original construction budget and actual cost of construction at completion. Describe difference if necessary. (i) start date, completion date, and original construction schedule duration (3) name of owner, including contact person and contact information (k) name of project engineer and inspector, (1) name of contractor's project manager and superintendent 3.2 Work Over Past Five Years for Subcontractors: Attach a list of major projects related to this project constructed by your major subcontractors (if applicable) over the preceding five-year period including the design engineer subconsultant if design work will not be completed in-house. For each such project provide: 00 5ttbalelle,��tch�­,J (a) the name, and for whom constructed; (b) location; (c) general nature; (d) construction procurement method (e.g., competitive bid); (e) nature of your services(e.g., general contractor); (f) contract amount; (g) size in millions of gallons (mg); (h) original construction budget and actual cost of construction at completion. Describe difference if necessary. (i) start date, completion date, and original construction schedule duration 0) name of owner, including contact person and contact information (k) name of project engineer and inspector. (1) name of contractor's project manager and superintendent 3.3 List the categories of work that your organization normally performs with its own forces. On this project, do you propose to do any work with your own forces? If so, please describe what work you plan to self-perform. 8114h,,,J al C/ 3.4 List any subcontractors in which your organization has some ownership and list the categories of work those subcontractors normally perform. (t 10- 3.5 Claims and Suits: If the answer to any of the questions in this Paragraph 3.5 below is "yes", please attach full details. 3.5.1 Has your organization ever failed to complete any work awarded to it? (Your answer to this question 3.5.1 must include any matters involving your organization and its officers or principal-, in their current or any past positions) /Yd 3.5.2 Are there any pending or outstanding judgements? NO 3.53 Are there any pending or outstanding claims? 40 3.5.4 Are there any pending or outstanding arbitration proceedings? lqo 15.5 Are there any pending or outstanding lawsuits? A 0 3.5.6 Within the preceding five years, has your organization filed any lawsuits or requested arbitration with regard to any construction contract? N D 3.5.7 Within the preceding five years, has any officer or principal of your organization ever been an officer or principal of another organization when it failed to complete a construction contract? No 3.6 Describe your firm's job site safety program for this project and specific safety policies in which each employee must be in compliance. A4,�:�h.44X,1 4, Proposed Personnel for this Project: 4.1 Provide a written statement by the coating manufacturer stating that the contractor or paint subcontractor is familiar with the materials specified and has workers capable of performing the work specified in the project. 4.2 Personnel: Identify the specific Project Manager(s), Job Site Superintendent(s)and Crews who would work on this project. If any of these individuals will not be assigned on a full time basis to this project, identify those individuals and describe their other responsibilities. Attach a resume with their city of residence listed and list of references with phone numbers, for each individual identified. The identified Project Manager(s) and Job Site Superintendent(s) shall be assigned to the project through final completion of the project. A��ckU.� 4.3 Has this team worked together on previous projects, list the projects? Were the projects successful? Ye -5 S. Plan, Schedule and Quality Control Program 5.1 Provide a preliminary or final containment drawing(if being utilized) or plan with a detailed method of containing the exterior work. 5.2 Provide a preliminary schedule that meets the City's needs and timeline for the completion date based on the 120-day substantial completion contract. et 014-(,4 UU 5.3 Provide a valid contingency plan if delays occur and the ability to execute the plan. ot 4+&-(,h4tk� 5.4 Has your organization been assessed any liquidated damages or other damages for delay on any project during the last five years? If answer is yes, identify project and provide details. 5.5 Has your organization met the project schedule for a project contracted with the City of Round Rock past? VC5 5.6 Describe your quality control program. Explain the methods used to ensure quality control during the construction phase of the project. A 4-�c FV-iAj 5.7 Describe how your quality control team will measure the quality of construction performed by Subcontractors on this project, and how will you address non-conforming work, VUU By execution hereof the undersigned warrants and represents that the foregoing answers to this Questionnaire are true and correct. .................. Signature ser Printed Name of Proposer .............................................................. Tirtle ...................... A-1- Name of Firm Address of Firm Telephone Number of Firm Facsimile Number of Firm Acknowledgement The State of Texas County of KCjCr SUBSCRIBED AND SWORN TO BEFORE ME on this_2kt day of the of of 2021,in the capacity and for the purposes indicated. ROOM I III I 1,11 I Allow Notary Public,State of Texas DAWN PULTS MYNOtay IDS 128640319 EVhs M3rCh 1,2023 My Commission Expires: 00200 BID BOND S U r eTe c BID BOND KNOW ALL MEN BY THESE PRESENTS,thatwe M.G.�PaintlnLP�as principal, hereinafter called the"Principal," and SURET INSURANCE COMPANY, 2103 City est Boulevard, Suite 1300, Houston, TX 77042, as surety, hereinafter called the"Surety,"are held and firrnly bound unto!g&.2f Round Rock as obligee, hereinafter called the Obligee, in the sum of Five Percent(5%)of the Amount Bid by Principal for the payment of which sum well and truly to be made,the said Principal and the said Surety, bind ourselves, our heirs,executors, administrators, successors and assigns,jointly and severally, firmly by these presents. WHEREAS, the principal has submitted a bid for South 81 Comr%n,-Ke Elevated Tank Rehabili ation, NOW,THEREFORE, if the contract be timely awarded to the Principal and the Principal shall within such time as specified in the bid, enter into a contract in writing or, in the event of the failure of the Principal to enter into such Contract, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the work covered by said bid, then this obligation shall be null and void,otherwise to remain in full force and effect. PROVIDED, HOWEVER, neither Principal nor Surety shall be bound hereunder unless Obligee prior to execution of the final contract shall furnish evidence of financing in a manner and for acceptable to Principal and Surety that financing has been firmly committed to cover the entire cost of the project. SIGNED, sealed and dated this 16th day of 6gqust, 2021 N.G._? BY: T IT L�E: ........... SureTec Insurance Company .......................................... Kristina Matthijetz Attorney-in-Fact Bid Bond ears capped-text.doc Rev 1.1.06 POA M 4221008 SureTec Insurance Company LMTED POWER OF ATTORNEY Know AH Men by These Presents, That SURETEC INSURANCE COMPANY (the "Company"), a corporation duly organized and existing under the laws of the State of Texas, and having its principal office in Houston, Harris County, Texas, does by these presents make,constitute andappoint Michael T.Siegeler,Teresa S.Muniz,Kristina Matthijetz,Theresa M.Krause its true and lawful Attorney-in-fact, with full power and authority hereby conferred in its name,place and stead, ,to execute,acknowledge and deliver any and all bonds,recognizances,undertakings or other iiistruments or contracts of suretyship to include waivers to the conditions of contracts and consents of surety for,providing the bond penalty does not exceed Ten Million and 00/100 Dollars($10,000,000.00) and to bind the Company thereby as;fully and to the same extent as if such bond were signed by the President, sealed with the corporate seal of the Company and duly attested by its Secretary, hereby ratifying and cortfirmirig all that the said Attordey-in-Fact may do in the premises. Said appointment is made under and by authority of the following resolutions of the Board of Directors of the SureTec Insurance Company: Be it Resolve,4 that the President,any Vice-President,any Assistant Vice-Presidetit, any Secretary or any Assistant Secretary shall`be and is hereby vested with ful 1power and authority to appoint any one or more suitable persons as AttomqXs)-in-Fact to represent imd act for and on behalf of the-Company subject to the following provisions: Attorney-in-Fad may be given full power and authority for and in the name of and of behalf of the Company,to execute, acknowiedge and deliver, any and all bonds,reeopizances,contracts,agreements or indemnity and other conditions[or obligatory undertakings and any and all notices and documents canceling or terminating the Company's liability theTevador, and any such instruments so executed by any such Attomey-in-Fact shall be.binding upon the Company as if signed by the,President and sealed and effecfed by the Corporate Secretary. Be it Resolved,that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or tiny certificate relating thereto by facsimile,and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached. (Adopted at a Meeting held on 20*of April, 1999) Jrn Witness Whereof, SURETEC INS URANCE COMPANY has caused these presents to be signed by its President,and its corporater seat to be hereto affixed this i sth day of A.D. �62o . URANC SURETEC INSURANCE COMPANY y: Michael C.Keimig,President State of Texas ss: County of Harris On this isrh day of j.. A-D. 2o2o before me personally came Michael C. Keirnig,to me known,who,being by me duly sworn,did depose and say, that he resides in Houston,Texas,that he is President of SLYRETEC MURANCE CONVANY,the company describcd in and which executed the above instrumont;that he knows the seal of said Company,that the seal affixed to said instrument is such corporate seal;that it was so affixed by order of the Board of Directors of said Company-,and that he signed his name thereto by like order. TANYA SNEED m*vy PuW,Sivits of Tom cmm Eom wz= LTalinyg,Sneed,Nota Public My comrnissio�exa Ndtoy ID 121WI231 D e Mycommissionexp esMarch 3O.2023 L M.Brent Beaty,Assistant Secretary of SURFTEC 1115 CE CONPANY,do hereby certify that the above and foregoing is a true and correct copy of Power of Attorney,executed by said Company,which is still in full force and effect; and furthermore,the resolutions of the Board of Directors,set out in the Power of Attorney are in full force and effoct. Given under my hand and the seal of said Company at Houston, Texas this day of A,T). .obM.Brent Be'aty,Assisttan e eLary Any Instrument Issued in excess of the penalty stated above istotallyvoid and without any validity. 4221008 For verification of the authority of this power you may call(713)$12-0800 any business day between 8:30 am and SM pm CST. 00300 PROPOSAL FORM Request for Competitive Sealed Proposals for Construction Services PROPOSAL FORM PROJECT NAME: SOUTH 81 COMPOSITE ELEVATED TANK REHABILIATION PROJECT LOCATION: Round Rock,Texas PROJECT OWNER: City of Round Rock,Texas DATE: A 2�1 PROPOSER: Firm Name: Principal Office Address: Z& I('f'_ Telephone Number� _...,__.63X� Facsimile Number: Primary Contact Namc�, ...... ..... Primary Contact Title: '2"'t ...... ------------------- ADDENDA ACKNOWLEDGMENT: The undersigned Proposer acknowledges receipt of the following addenda: Addendum No. I dated Date Receiveddl ......... Addendum No, 2 dated Date Received Addendum No. 3 dated Date Received Addendum No.4 dated Date Received NO ODIFICATIONS A DITIONS ELETIONS O ATTACH ENTS SHALL BE MADE TO THIS PROPOSAL FORM. IN SUBMITTING THIS PROPOSAL THE PROPOSER REPRESENTS THAT ALL LABOR, MATERIALS, EQUIPMENT AND SERVICES ASSOCIATED WITH THE OR AS WELL AST E TE SAND CONDITIONS OFT E PROPOSED CONT CT SHALL BE IN ST CT CONFO ACEWITH THE CONTRACT DOCUMENTS ON WHICH THIS PROPOSAL IS BASED. CONTRACTOR PROPOSES: In response to the Request for Competitive Sealed Proposals for Construction Services for the execution of the work described by the contract documents for the above-described project, and having examined the site where the work is to be performed, and being familiar with local conditions as they might in any way affect the cost and/or time for execution of the work, and having carefully examined all of the contract documents and addenda thereto, the undersigned Proposer agrees to perform all of the work, to provide all services,to furnish all necessary superintendence,labor,machinery,equipment,tools,materials, insurance and miscellaneous items, including transportation and other facilities as may be required for the complete and satisfactory and timely execution of the work for which this proposal is submitted,as provided by the attached supplemental specifications and as shown on the plans for the construction of the project, all for the lump-sum consideration stated as follows: The award of the contract will be based on the Proposer offering the best value, and not necessarily to the Proposer offering the lowest price. A Proposal will be evaluated based on the criteria set forth in Section 001 00—Instructions to Proposers. Itemized Bid For at the end of Section 300 to be filled out and included with the proposal. TOTAL PROPOSED CONTRACT SUM: ab i Dollars(l�2akuq, 13$ 1 VOLUNTARY ALTERNATE SUM: (Attach description on separate sheet if needed) Dollars($ The undersigned Proposer agrees to commence work within ten(10)days after the date of written "Notice to Proceed." The undersigned Proposer further agrees to complete the work to substantial completion within 120 calendar days and in full within 130 calendar days after the date of the written "Notice to Proceed,"subject to any extensions of time allowed by the contract documents,and in phases as indicated on the drawings. The undersigned Proposer and the Owner agree that for each and every calendar day on which the work,or any portion thereof,remains incomplete after the stated calendar-day period,the Proposer shall pay the amount of One Thousand Dollars($1,000)per calendar day as liquidated damages, not as a penalty but for delay damages to the Owner. Such amount shall be deducted by the Owner from any payment due to the Proposer, The undersigned Proposer agrees that this proposal shall be good for and may not be withdrawn for a period of ninety(90)calendar days after closing deadline for receiving proposals. The undersigned Proposer agrees, if notified of the acceptance of this proposal within ninety(90) days of the time set for opening of proposals,to execute and deliver to the Owner within five(5)days from the date of such notification the required construction contract, a performance bond and a payment bond for the total amount of the construction agreement, and a certificate of insurance, all as stipulated in the contract documents. The undersigned Proposer agrees to attach to this proposal a certified check, cashier's check or proposal bond in the amount of five percent(5°�6)of the total proposed contract sum. Also accompanying this proposal is all information required in the"Instruction to Proposers." It is understood and agreed by and between the parties that the proposal security accompanying this proposal will be returned to the Proposer, except in the following instance: in the event of acceptance of this proposal, if the Proposer fails to execute the required construction agreement and deliver the required performance and payment bonds within five (5) days after acceptance, then the proposal security shall become the property of the Owner and shall be considered as liquidated damages for the delay and other inconveniences suffered by the Owner because of such failure of the Proposer. The undersigned Proposer acknowledges that the Owner reserves the right to reject any andJor all proposals covered in this Request for Competitive Sealed Proposals and that the Owner has the right to waive any informalities and/or defects in proposals or to accept such proposals as it shall deem to be in the best interests of the Owner. In submitting this proposal, the Proposer represents that no person or company other than the Proposer listed below or otherwise indicated hereinafter has any interest whatsoever in this proposal or the construction agreement that may be entered into as a result hereof. The undersigned Proposer certifies that the proposed contract sum and all prices contained in this proposal have been carefully checked and are submitted as correct and final. The undersigned Proposer further certifies that the unit prices have been shown in words and figures for each item listed in this proposal; and it is understood and agreed that, in the event of a discrepancy,the words shall govern. The undersigned Proposer affirms that she/he/they are duly authorized to execute this proposal,and that this company, corporation, firm, partnership, and/or individual has not prepared this proposal in collusion with any other Proposer. The undersigned Proposer affirms that the content of this proposal as to prices, terms, and conditions has not been communicated by the undersigned nor by any agents or employees of the undersigned to any other person engaged in this type of business, prior to the official public opening of this proposal. This Proposal Form shall be signed by the Proposer as follows: J. Sole Proprietorship: Signature of sole proprietor in the presence of a notary public who will also sign and affix seal, printed name, and printed title (if any). Insert the printed words "Sole Proprietor"under the signature. K. Partnership or Joint Venture: Signature of all partners or joint venturers in the presence of a notary public who will also sign and affix seal, printed name,and printed title(if any). Insert the printed words"Partner"or"Joint Venturer"under each signature. L. Corporation: Signature of duly authorized signing officers,printed names,and printed titles. Under each such signature, insert the capacity in which the signing officer acts. Affix the corporate seal. Signature �Pro � Printed Name of Proposer Title .......... Name of Finn 5 le,4 9- Address of Firm elephone Number of Firm -1------------ F'acstrmlc Number of Finn [Corporate Seal, if a corporation] ACKNOWLEDGMENT THE STATE OF TEXAS § COUNTY OF § SUBSCRIBED AND SWORN TO BEFORE ME on this the ay of the month of 2021, in the capacity and for the purposes indicated. j ....... - ()AWN PULTS." Notary Public, State of Texas NoWy VD#128640AW E*w March J,2W3 My Commission Expires: ................................... BID FORM PROJECT NAME: South 81 Composite Elevated Tank Rehabilitation PROJECT LOCATION: Round Rock, Texas OWNER: City of Round Rock, Texas DATE: August 24, 2021 Gentlemen: Pursuant to the foregoing Notice to Bidders and Instructions to Bidders, the undersigned bidder hereby proposes to do all the Work, to furnish all necessary superintendence, labor, machinery, equipment, tools, materials, insurance and miscellaneous items, to complete all the Work on which he bids as provided by the attached Bid Documents, and as shown on the plans for the construction of South 81 Com osite Elevated Tank Rehabilitation 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 or www.civcastusa.com by the close of business on — August 20, 2021 Prior to submitting a bid, the bidder is responsible for determining if any addenda have been issued and for following any instructions in any addenda issued. Bidder acknowledges receipt of the following Addenda by listing Addendum "number" and "date". BASE BID Bid Approx. Item Description Item Quantit Unit and Written Unit Price Unit Price Amount I L.S. Furnish all materials, equipment, labor, superintendence and incidental work to clean, spot prime and coat with Containment the Exterior of the existing 1,250,000-gallon CET, all appendages, etc., as indicated on the drawings and specifications Part 2.04.A and Part 3.07 except where specifically covered by other bid items. See Description of Bid Items Part 3.12. complete in place per SPEC fo r -411,uvdollars ... . ......... A— and 111`J 0 cents, 1a nnn- 6) 00300-9-2015 Page 1 of 6 Bid Form BASE BID Bid Approx. Item Description Item Quantit Unit and Written Unit Price Unit Price Amount 2 1 L.S. Fumish all materials, equipment, labor, superintendence and incidental work to spot blast for inspection and identification of repairs, abrasive blast clean, prime, stripe coat and coat with Dehumidification and Dust Collection on the Interior Wet, Interior Dry and Mechanical Piping Surfaces of the existing 1,250,000-gallon CET, all appendages, ladder, vent, hatch, weir box, etc., as indicated on the drawings and specifications Part 2.04.11, C, D, Part 3.06 and Part 3.07 except where specifically covered by other bid items. See Description of Bid Items Part 3.12. complete in place per SPEC for* ti/i VNiAnAlt tj - d(I(Adollars and tl& —cents. 00300-9-2015 Page 2 of 6 Bid Form BASE BID Bid Approx. It Description Item Quantit Unit and Written Unit Price Unit Price Amount 3 1 L.S. Furnish all materials, equipment, labor, superintendence and incidental work to Dehumidify the interior of the existing 1,250,000-gallon CET, during the interior wet surface preparation and coating, including hoses, filters, etc., as indicated on the drawings and specifications Part 3.06, except where specifically covered by other bid items. See Description of Bid Items Part 3.12. complete in place per SPEC for dollars and cents. 4 40 MH Furnish all materials, equipment, labor, superintendence and incidental work to perform General Repairs; grinding, welding and general work to repair corrosion related surfaces, as indicated on the drawings and specifications Part 3.02.A.1, except where specifically covered by other bid items, See Description of Bid Items Part 3.12. complete in place per SPEC for x dollars and 1 cents. Qc" 00300-9-2015 Page 3 of 6 Bid Form BASE BID Bid Approx. Item Description Item Quantit Unit and Written Unit Price Unit Price Amount 5 2 pt-r- Furnish all materials, equipment, Gallon labor, superintendence and incidental work to perform Seam Sealing and or Epoxy Surfacing work to seams and pitted areas as deemed necessary, as indicated on the drawings and specifications Part 3.02.A.2, except where specifically covered by other bid items. See Description of Bid Items Part 3.12. complete in place per SPEC for , dollars andqwoo Rn 0 oo —cents. 6 1 L.S. Furnish all materials, equipment, labor, superintendence and incidental work to remove existing and install a new Safety Climb to all ladders. Re-position the cable/conduit obstructing the ladder railing on the interior dry portion of the tank as needed to allow 3" of clearance as required by OSHA, as indicated on the drawings and specifications Part 3.02.11, except where specifically covered by other bid items. See Description of Bid Items Part 3.12. complete in place per SPEC for °""'j.. -A dollar-, and cents. 00300-9-2015 Page 4 of 6 Bid Form BASE BID Bid Approx. Item Description Item Quantit Unit and Written Unit Price Unit Price Amount 7 500 S.F. Furnish all materials, equipment, labor, superintendence and incidental work to perforin Epoxy Application above and beyond the spot repairs required in bid item#I to approximately 500 sq,/ft. areas on the Exterior deemed necessary prior to applying the remaining over-coat system specified, in Part 2.04.A , as indicated on the drawings and specifications, except where specifically covered by other bid items. See Description of Bid Items Part 3.12. complete in place per SPEC for ckl' dollars and AQ cents. 8 1 L.S. Furnish all materials, equipment, labor, superintendence and incidental work to install the City Logo in color on the exterior at location to be determined by the City, including paint, template, graphic design, etc., as indicated on the drawings and specifications Part 2.04.A, except where specifically covered by other bid items. complete in place per SPEC fo r J1OV--' r dollars and U cents. 00300-9-2015 Page of Bid Form TOTAL BASE BID (Items I thru 8 ) 1 00 Materials: I ....... . .. ...—U All Other Charges: * Total: Note: This total must be the same amount as shown above for "Total Base Bid" If this bid is accepted, the undersigned agrees to execute the Agreement and provide necessary bonds and insurance certification as per the Instructions to Bidders. The undersigned certifies that the bid prices contained in the bid have been carefully checked and are submitted as correct and final. Tile Owner reserves the right to reject any or all bids and may waive any informalities or technicalities, Respectfully Submitted, Sign u Print Name Address Title Telephone 7 y1c, Name of Firm 1 Date Secretary, if Bidder is a Corporation 00300-9-2015 Page 6 of 6 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 04410 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: (ohha T- J Address: Phone: 3v d 57 7­J'141( Completed by: Date: 1. Does the company have a written construction Safety program? es E]No 2. Does the company conduct construction safety inspections? 2Yes [)No 3. Does the company have an active construction safety-training program? El'Gs El No 4. Has the company been fined by OSHA for any willful safety violations in the pastE]Ye o 9 2-MI three years? S. Does the company have a lost time injury rate of 7.8 for SIC 15,or 7.6 for SIC 16, es El No or less over the past three years? Attach the company's OSHA 200100 logs for the past three years. 6, Does the company or affected subcontractors have competent person's in the following Areas? A. Scaffolding E3Yes No El N/A B. Excavation D Yes No 9NIA C. Cranes [2Ycs No [I N/A D. Electrical El Yes ONo ON/A E. Fall Protection 131Ycs C]No E]NIA F. Confined Spaces es No D NIA I hereby certify that the above information is true and correct. Signature Oeo Title _Zcs Page 1 00410 8-2014 Statement of Bidder's Sarety Experience 00090654 Attention:rt. Tt€'a contains, i at orr relating t employee h !th and mus€be used in a manner # (Revs /2004) that protacts the confidentiality of employees to the Year 2020 extent possible While the information is being used for -ups ai satiety and health purposes, U.S. Department f Labor Log of Work-Related Injuries and Illnessesupat onat Slifely,and Health A€mire traction Y "on a i�ur{or i M` Of� -. activity of .b Or .-IM MM Form approvedOMB. ..no.929 t 7 beyond W aid.You mutft also nod signiftant A*k d R s and€sr s aro diagnosed by a physiaan or€en:ed health cm prolessionA you(Mat egad -rOstad v%4 tans prewstiverreet any of ft Specific MootdinglaWalstedin 29 CFR€ .g gh .82 Fealkeetouse toolnesforasings calelf you need to.Youtnustborplowar Establishment name N.G.Painting irr' ii (OSFA Form 301)or equivaient form for a =qury or arriew mwrftd on tivs farm 9t yodye not sura wliedier a case is recordable.call your low OSKA city Kerrville State Texas IderitifY scribe case [Enter the number.of } (B) (C) (0 E } (l.l £HECK ONLY ONE box for each case based or. days the injured or ilt ;heck the-injury*column or choose one t of Case Employees Name Job Yate(0-9- Date of Where the event occurred(e.g. Describe injury or illness,Pats o6 bodyalfacted, Me most serious e that case worker was: Mow No. � Welder) injury or Loading dock north end) anal object/substance object/substancethat directly injured or made onset of ill(e,g,Second degree burns or,right ( 3 � from c torchNalti On job glees w . Away transfer or E ainedst (r oltay) e Frorn restriction r Job transfe, rt tF er Work (days) Q o or €r able { n c -- - z) t _t3 ( — — - — _ _--------------_ - Page totals — _ Be cute to transfer these totals to the Summary page(Foran 300A)before you post it hbk re. burden for In coleeboil,Of IUMOM is estiniated 10 gvffaie 94 hinulos per ,Inducing eCL to h - g ,and a n of n Persons am- not mquireti to reWd W ft Wipolion of aftrOM urn s .ISYS s CM041,valid OMB _ N you rave any olindape about these warnees or any woods of the data collectlea,carded:US #ci' OSHA of Slassbot,Room N-3W,. Gonsatubon- Avg,NK WastiVon,DC 20210.Do OSHNs Form (Revs l2 Year U,S.Department of Labor Summary of Work-Related Injuries and Illnesses namornear torevlew metog b vodfy that the$ S am COMP96m u&N ine Log wuM" uxtned on s you Made ror sacs Category T,-8 V s Establishment Information me st vou- 61,814S me y Ft u "rrac� Kira .` . EMP"S . gmpecysae,ergbin, 4 tees-&tip rVN td,9the OSMA Fann 300 to � your establishmartt name N.G,Paftng - inerr&ary Tnsy anto heunited as in ma OSHA Form30 i or ds equIniont, -'0029CFR t_ .35Street 5225 Bandera Key City K tle ix 7JP M kum,166rof C 1sK,9us (>€-4»Manufacture o0nottv truest Total nuMber Of Total number of Tit number of uses Total nuMber of � 9ndus�aa4 PaInUm deathswith days with job transftr or other recordable away.from work rwMcton cases Standard Industrial Classification iSIC).)f known�a.g.:SC 3715_ 0 0 (G) (H) tl) W) OR North American Industiat ClassAcebon(NAILS),it ma-mn(e.g.,33r,252) a 3 2 4 Number y . "..,: Employment Information Total number of Total number of days of Annual average nutnbar Of Om Y 35 days may from job transfer or restrictionest TOW hours worked by as arrVoy last S Q 0 Year 26000S (K) €C} am It Ty .. aSign here Total mimber of... Knowingly feisifying this document mary result In a fisa. (M) ( ) Injury 0 (4) Poisoning 0 (2) Skin Disorder 4 [5) F{ rtn L s 0 € that 5�ue exa red Oft document and that to Vie' of my kn e Mai ars Dve.acxurate,.and (3) Respiratory complete, Condition 0 (0)Ali Other Illnesses 0 ~ Fly r e t 257-5940 Post this Summary page 1'rom February t to April 30 of the year folloveling the yew covered by the form Phone Date a Public now"burden w r?;ikneaban is ". in anwage 58 ri.Ass F Is no0w fie' ,bound qg1te,the dau moew,and comieft and Mio,rA oblwhMo1 Parma,wed wpon4 0 resporo u;ft C'Awcwn d kdornatin Lam it &Vlaye Uy-vait OW=hog mozar-.:Iyesii ar&I sepads of ,owwt US Denanuerel d After This form contains relating to employee health and st be used in a manner that DSHA'S Form 300 (R,,01M04) muprotects the confidentiality of emplmees to the extent Year 201 Ct possiUeAhile the information is being used for U.S�Do"Irb"Ont of LAMPOF Log of Work-Related Injuries and Illnesses occupational satety and health purposes, Oceswaffeast siwaty Mw HSOM Ad**d*tf~ F�.Ppr—d you'Must Mcory ntrmawr a0w.every wo,*welafed death ar&aw-4 every wo-*-telateed;qw-1 or Ofr&ss ftf mvdWs bss of Canscioustless,fas ww WO&&COwdy or job VEV14w, CfayS nWay kOM WQO*, l"atfreh? ,�. 5,s,&,a you must also mco-ra sVrgftan,,woAk-telateed k*xies and Nre Vol em dagnosed by a physicw w focensed teafth cam pfeleswonal YW-must also f0ctvu WOk-rebtedOPPes a,'dmosses that meet any of the speofte tocoruvng Coteria fived in 29 CF4 Pan f-W8 Ghmto 1 9D4.72-Feet ftee-to I., I useo knes w a sib*case flyou need to-You must Gor,10dete an hjwy and t. ss trzoden'bee .+;(OSHA Fofm 301)or ecu vaheret#,,m Aor each k*jry or fik--ess tecefdad on this form,P ywlm sure whether a case tsirecard3ble,call your k)cal OSHA oldrcetr help. moo= RMWOM"es*sr of Case Far ptoyee's name Job title Defcoriniury Where the event occurred Dr.Kribe injury or fllncof body affemed. M wwkor was: choose two of akwow (e-g-weld-) or oftw Loading dmf nonh md) and viijewsubstance thst direcdy XORNMOod of (M) of illness. or made pc-jon- in(e-g-Srwd dereo,bum on Awaw OMN& red fo-am from r"t54ot to-A) Dw�Wow J.4 bvoeftr Qww.4Q..w fmm tswwarw fl Deaft from W-ft w atm. M� work routrba"On I d,- 4, C1 Fi C1 0 0 11 0 o D C) 0 U Ll d, 0 0 0 12 0 El D D 11 d-r —d— D (33 C1 00 0 0 U 0 0 0 0 0 0 0 D D 0 0 0 0 Q 0 --evd I Y d.P 0 0 D 0 0 0 0 0 D 0 0 0 U d-A 0 0 0 d-n 0 0 0 0 0 D — — Be S tc Mr ww Me-Iff wa-`<to 9*SWRIMly POW(roon 3OGQ&-bfe YOU Post It fi th—rgiM..- ca .her�p�uw thisdt.ratter —t-t:US Drp--t of LA�,to Offi�OfSUdgkA pow (1) �2) (,3) (41 (5) (6) ?4.36",2M r—m4.6.,-Ax.��,NW WnhmgT ,DC 20210.D..ot�.d the c..pkt,d f�.w this OSHA's For ( ev.01f-2004) Year 20_L 7 0 U.&Depwhmw of"bor Summary of Work-Related Injuries and Illnesses Ael ests&gshrne€t'sfired Pate? must ea.mplete€h s smrrl'i page,even if no or ifirlesses occuved dunnq the per Remember to W*w ft L09 -to ,hat*P e enMies am Mpp;a e Bre accu+atc-bebVe ccmp�etV tNs swronary Usingon the s counf the'ri€i tuat e.ties mad=for eaer y to .The,write Me this be ma Sure "s added c encs train ly Page OfM-- ,tt� # Inf - � had rio cases.wMe Eapfcyfts.wirier emps,andhevtremesentames, the r ght to mwewthe C)SHA Form..3 `s enfuely z'hes a£ f.-re k aired access tc t OSHA Foim 301 of •�_ es$q� t.See l CFR hart 11904-35.in S r8 `s at3.'dkeep rite. AUTref d€mas ? amass pr€t�;wns WMese forms ! Civ, Su-, ZIP Total number of otal number of TI`oW number of Total number of 1�d �de ipt ar¢(e,,,, � n a� r auk � ) ` deaths cases with d eases withjob other recordable � a s r from trk transfer or resuiction cases i Standard lrtdustnal Classificanon!STC:}. NordhAmenan liuduatfial Claulf€cat-n(h!A$CFS),;fkn (e, -336212) Total number of days a 'ay Total n€mbe=ofdays of job h c fipra'AT rlf from work transfer or rest cit€ �� of�� r�asr:m�rz t Annual a aragr nu€ribsr 4 onpli-7—s ( ) i Tsui hours w rked by all,mpl �last yv-sr '5r IKIsign hwet $ i KnovAngly falsifying document way readt in e. Total number of— Ml{ (1)11T,—un—es (4)Poisonings I certify sem.(hie cammined€(s`ss dv €seseaa:and-hat e4 the best of my (Si Hearing loss kr €=d e'he are tr€ae atg,andco (2)Skin disorders (6)All other illnesses � ( )Respiratory conditions � � .i o rlr tfthpi to Pu1.14c€sic n bwd-tas thn- st W--4 W a+ sti W r ;s^.clud.g d—:a m'ri --hs§n — -a xaih€s€tse da€x s and mmgkt�asse3 ^ew :xstttes .+aP f--ptnms— sequined 3+i -d W€Ae ss'-tsian¢d#ret zine it a�07"Oia OME—,ttml—k—If pens aflr eosn x.u the e e at-y a NA, a6 thn dasa.cAl"u'an,sen Js :scree M Wit,OSHA O cc of SwWj.1 m N4644,200 CO.MUMM h- - .NW- - W- DC 20210 D. tear—p[s s fan- €a OSHA's Form 300 (Rev.44!2004) Maitat4 s. t °This contains information r t tin to u ttte fb in a °MlabI e' empi� head and must u in manner tI Log of Work-Related IPDF documents.fenmisgin€ €�type i Input fi i �and pintconfidentiality € dtY 4 :ant r 2 n your in usdi � � PDF Reader,iia d' n, possible whiff i i on i� ing is for ,se �# theInjuries and Illnesses terms are ts occupational safety and health . ar-wasieff"Sam Pleas&Rai - _- - f_ 0Mbea.12tt-0i7b •Intonnaw abouttvvy death snd vFevvyworkWOUdiniurfor HIFM thatmvohnes loss of sComplete anI ' ##fraet t Repon(OSHA Form 30 1)0, -noWentint i[1 con swuspess ed fit n,yar` ira ,d or ire nt d firer . Batt for kar€{1 this tf 7g hots whether0 &9. swork-related mitmes and Mmessesthat amdiagnosed byaphys€' or licensed c MOCRot casen; ea3 Your ioew 05M office War*-etatedintuntsand+fin sthrat meetany ofMe specffk ret tr asfew toted in29(TA Part M4A =Fed fm to use two lines tora smale case ifyou need M CI.KerTville swo TX fhroughTW4,12, complete the S vepfi each cam Raw am nu"*W OF (A) (B) (C) (D) t ) (F) 4 Hyl Case Employee's same Job fide Date of injoq wbeft t st a Describe Injury ar ani of Wy rte. fe,$-,wtmero- 6r owd of (e-b-`Lvasiinit dock north endi affethe&and objectnabstatee that vgo_ aline" � ve Person M(e_g. at -. ac€€yl€rw error) , isifa as M ( ) (}t} (i) (J) (K) ( 3 {€i (2) (3) (4) (5) (6) toap fGsy t� - rewtWa=Seg � f 1 -nvon f l- 91 d r � YB �osrs ay I! ldsy. r 1� —seer ifty. Goy Paw wats SkSEK t+nxx tcra ar ud ca ew �s:�.xats as ,s+s u: - Be som to Na Isle to ry on 0(Fam 30M) e, g @o& k g tea.. m� URE ES@SU��l �YP1 ase x� Mt � i V � •g wise wemlyva Ify $ E �ar ad asa try DqW=M of �of$Kb AsaWxea � as � (l) (2) (3) (4) (5) (6) h`-3t44,20D €W RM? -KW.w =IQ-I?ot 1b f. ia*a oT" i NWO you can type ngmt kno s form and SoM ML OSHA's Form 300A (Rev,0412004) Year 20 16 IM a th in this rilk ping e a "file Ole' POO documents,you can into the input form folds and U.S. f Labw Summary of Work-Related Injuries and Illnesses then ycsstr inputs using#4tn free AdobePAF €, - — -- - �� owls ma.12114176 All establishments covered by Part 1904 must Complete this Summary page,even if no work-misted injuries ar illnesses occurred during the year, Remember to review the Log t that Me entries are complete and accurate before completing INS summary. Using the Log,count Me individual entnes,you Made for each ca r .Then write the tolafs below,retaking sure you added gra entries from every(sage of Lag.it read no cases,ate'a' si t Anformothm Employees,former employees,and their representatives have he right to review the OSHA Form 300 in its entity,They also have limited access N.G. Painting to the OSHA Form 309 or its equivalent,See 29 CFR Part 990.35,its OSHA's recordluseping rttl€r,for further details on MO access provisions for � those terms. Street 1225 Bandera Hwy, Ste. TX 8028 eity KerrvilleState Zips Total number of Total number of Total number of cam Total number of deaft cam with days with job transfer or other recordable industry description(e-g-Atimujarcture of rrtoror truck trailers) away from work restriction Cases Industrial Painting industrial Classi5ead (NAILS),it known(t.g.,336212) K:fl-8131 21 01 a sEnipifellumm inforriddi0on(IJ)va 't have these figurer,see the worksheet on the next page to esti e.1 Total number of days Total number of days of job 24 away from work transfer or restriction Annual average number of employees 0 0 T hours worked by all play s last year 2 � (K) fL) sign here Knowingly falsifying this document may Muft las are- al number tat I certify that I have examined this document and t to the best of Totmy kttowlt he entries e, d complete, (al) (t)Injuries � t.o) Poisonings vo Title { Hearing(2)Skin disorders Comp=, p D. Pbon f iii t i (3)Pespiratory,conditions 0 (6) All other illnesses 0 post tdis Summary p&M ftm Fabessary a to APM 30 Otv p ut ut P.blxs rima 64 cal of M N - €n 5s 1 - 1W - cr$ple€c €ca a sE mf �m�. € xs m eai txtroaffi at d #�ga a c °p* flA$11 l His,Sryaa base y s atiftl w- cr ry a of —t v US o4 =ot of Sufisbcsi Anslyus,Rom N-3W.200 Cmurimm Amw,W Its wwhntm€C 20210. a p t to N.G.Painting,Inc. Revision No.5 Co�Worker Safety and Health Program December 2006 -------------- 2.0 APPLICABILITY/SCOPE 2,1 This program applies to all employees, all work places and work projects, and all subcontractors under the direct control of N.G. Painting, Inc. Subcontractors must provide all the manpower, supplies, equipment, medical examinations and testing necessary to comply with this program. 12 This program is used in conjunction with the current copy of the OSHA Construction Industry standards, 29 CFR 1926. This program addresses the primary hazards associated with industrial maintenance and commercial painting operations. Each section of the program summarizes the major requirements of OSHA pertaining to a particular subject area or work activity. Where appropriate,a brief review of the important its to remember is provided within the section to help the project supervisor or competent person understand the OSHA requirements. If additional information is required or a particular subject is not addressed,the OSHA standards should be referenced for more detail. 2.3 This program is adapted tomeet site or project-specific needs using the appended forms, 2.4 Implementation of this program is under the direct control of the competent person or supervisor assigned to the project. Q 1997 IOTA-Tator,Inc. A2- I N.G.Painting,Inc. Revision No.5 C , �ratWker Safand Health P .... rogram December C��p � orety 2006 .. ....... 3.0 SAFETY AND HEALTH POLICY 3.1 N.G. Painting, Inc. provides a safe and healthy work environment for all its employees and Subcontractors. To fulfill this commitment, N.G. Painting, Inc. implements a progressive accident prevention program. N.G. Painting, Inc. complies with all applicable OSHA standards and follows all generally accepted safety and industrial hygiene practices. 3.2 Safety and productivity are mutually compatible and equal goals of N.G. Painting, Inc. The safety of employees or compliance with OSHA standards is not compromised due to time or money restraints. 3.3 Every employee has the right to refuse tow due to unsafe conditions, practices or equipment, or if directed toperform work that violates the requirement% of this program or OSHA standards. 3.4 Management, at all levels, is responsible and accountable for implementing this safety and health program. All employees and subcontractors participate in this program and comply with its requirements. 15 N.G. Painting, Inc. provides training to all employees and subcontractor employees on the requirements of this program and provides training in the skills necessary to perform work safely. 0 1997 KTA-Tator, Inc. A3 -, I N.G.Painting,Inc. Revision No.5 C orate Worker Safety and Health Program December 2006 n -------1-11-1-1---11111 1-11.1- ............--,1111................. 4.0 SIBILITIES 4.1 De Eresident is ultimately responsible for the safety and health of all employees of N.G.Painting,Inc. To fulfill this responsibility,the President: A, Commits the resources necessary to implement the safety and health program effectively. B, Ensures that all foremen or "supervisors" are capable of implementing the program through ongoing education and training. C. Ensures that all supervisors are competent in the identification of existing hazards and have the authority to take prompt corrective action to eliminate them. D. Ensures that all training, medical, inspection and accident records am provided and maintained. E. Arranges for periodic evaluation of this program at least annually. 4.2 &utae rviM are responsible for the safety of their work crews and the areas they work in. To fulfill this responsibility,they are trained to: A. Recognize and evaluate the hazards of all work activities during pre-job planning. B. Determine the means for controlling hazards, as required by this program and OSHA standards. C. Routinely inspect work as and equipment for hazards and deficiencies and take prompt action to eliminate them. D. Routinely observe the actions of their work crews for unsafe or non- compliant acts and take immediate action to prevent injury or illness and comply with program requirements. E. Conduct weekly safety meetings with their work crews, as educational and training sessions,and maintain records of meeting topics and attendees. F. Ensure that their workers are provided the proper tools, supplies, and equipment necessary for the job and ensure they are properly maintained. G. Ensure that approved personal protective equipment is provided to all affected employees, that this equipment is properly inspected, maintained, used,and that all affected employ eesare qualified to use this equipment. H. Ensure that their workers are provided with the training necessary to comply with OSHA standards and to perform theirjobs safely, @ 1997 KTA-Tator,Inc. A.4- 'I N.G.Painting,Inc. Revision No.5 Decem2006 S4e!xand-HealthPlr,o,gra berlm,,,,,,-,,,-,,,,,,-,,,,- ....... I. Conduct investigations of all accidents, injuries, illnesses, and near misses to accurately determine the causes and actions necessary for preventing future occurrences. J. Maintain an OSHA 300 log of all injuries and illnesses, K. Comply with all sections of this program and all applicable OSHA standards. 43 &gM_Emplo1_ee is responsible for cooperating with their supervisors to ensure their own safety,the safety of their fellow workers, and the areas they work in. To fulfill this responsibility,they: A. Comply with all rules, OSHA regulations, and procedures that are part of this program. B. Attend and participate in A required training and meetings. C. Inspect all tools and equipment for defects and proper operation before use. D. Use all tools and equipment in a safe manner consistent with manufacturers' instructions. E. Consistently act in a safe manner, being constantly aware of their surroundings, work conditions, equipment operation, and activities of others. F. Immediately report all safety and health hazards to their supervisor. G. Assist supervisors in accident investigations to ensure that unsafe acts and conditions are identified and proper corrective measures are implemented, 4.4 N.G. Painting, Inc. provides a competent person to oversee each project. Tbe competent person may be the site supervisor, foreman or project manager. The competent person has complete responsibility and authority to implement the portions of oris safety and health program, which are applicable to the project. The competent person reports directly to upper management. At painting projects involvinq the removal of potentially hazardous materials, the competent person is responsib e for. A. Controlling access to the site and designating contaminated work zones. B. Overseeing air monitoring and ensuring the minimizing of emissions to air, water and soil. C. Verifying that engineering controls are functioning properly. Q 1997 KTA-Tator, Inc. A4- 2 N.G.Painting,Inc. Revision No.5 Corporate Worker Safety and Health Program December 2006 D. Supervising employee exposure (air and biological) monitoring and employee notification. E. Ensuring: • ha7W communication training for all workers on-site. • that workers have been issued and trained in the use of personal protective equipment. • that workers have training in the types of exposure control methods. • that workers have been trained in the use of personal hygiene facilities. • that workers have been trained in decontamination practices. F Documenting compliance with this safety and health program by completing forms appended to this program or any equivalent forn) which provides similar information. 0 1997 KTA-Tator,Inc. A4 - 3 00500 AGREEMENT Ei!y of R2—Und Rock,Texas Contract Forms Standard Form of Agreement: Section 00500 City of Round Rock, Texas ua Standard or of Agreement between Owner and Contractor AGREEMENT made as of the_L _A (I k)day of in the year 20 at BETWEEN the Owner: City of Round Rock,Texas(hereafter"Owner"or"City") 221 East Main Street Round Rock,Texas 79664 and the Contractor N.G.Painting,LP ("Contractor") 1.225 Bandera Hwv,#A2 Kerrville,TX 78028 The Project is described as: South The Engineer is: David Freireich,P.E. City of Round Rock - 3400 Sunrise Road,Round Rock,TX 78665 (512)671-2756 an For and in consideration of the mutual terms, conditions and covenants of this Agreement d all accompanying documents between Owner and Contractor, the receipt and sufficiency of which are hereby acknowledged,Owner and Contractor agree as follows: ARTICLE I THE CONTRACT DOCUMENTS The Contract Documents consist of this Agreement,Conditions of the Contract(General,Supplementary and other Conditions),Drawings,Specifications,Addenda issued prior to execution of this Agreement,other documents listed in this Agreement and Modifications issued after execution of this Agreement;these form the Contract,and are as fully a part of the Contract as if attached to this Agreement or repeated herein,The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations,representations or agreements, either written or oral.An enumeration of the Contract Documents,other than Modifications,appears in Article 7. ARTICLE 2 'THE WORK OF THIS CONTRACT Contractor shall fully execute the Work described in the Contract Documents,except to the extent specifically indicated in the Contract Documents to be the responsibility of others. 00500 4-2020 Page I of 5 Standard Form of Agreement 00443647 rmoA 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 (�l 0 calendar days from the date delineated in the Notice to Proceed. 3.4 Contractor shall achieve Substantial Completion of the items of Work listed on Attachment A to this Agreement no later than N/A _( T!/A )calendar days from issuance by Owner of Notice to Proceed, and Contractor shall achieve Substantial Completion of the entire Work no later than one hundred_twentv _(120 )calendar days from issuance by Owner of Notice to Proceed, subject to adjustments of this Contract Time as provided in the Contract Documents. 3.5 If Contractor fails to achieve Substantial Completion of the Work(or any portion thereof)on or before the date(s)specified for Substantial Completion in the Agreement,Contractor shall pay to Owner,as liquidated damages, the sum of one thousand dollars and No/100 Dollars($ 1000-00 -)for each calendar day that Substantial Completion is delayed after the date(s) specified for Substantial Completion, It is hereby agreed that the liquidated damages to which Owner is entitled hereunder are a reasonable forecast of just compensation for the harm that would be caused by Contractor's failure to achieve Substantial Completion of the Work(or any portion thereof)on or before the date(s)specified for Substantial Completion in the Agreement and is not a penalty. It is agreed that the harm that would be caused by such failure, which includes loss of expected use of the Project areas,provision of alternative storage facilities and rescheduling of moving and occupancy dates,is one that is incapable or very difficult of accurate estimation.It is hereby agreed that if Substantial Completion of the Work(or any portion thereof)is not achieved on or before thirty(30)days after the date(s) specified for Substantial Completion in the Agreement, the Owner shall have the option to either collect liquidated damages as set forth herein or to thereafter rely on its remedies under the Contract Documents and at law and in equity, including without limitation, the recovery of actual damages. The date(s) specified for Substantial Completion of the Work(or any portion thereof)in the Agreement shall be subject to adjustment as provided in the Contract Documents. 3.6 Contractor shall achieve Final Completion of the entire Work no later than one hundred thirty (_130 calendar days from issuance by Owner of Notice to Proceed. ARTICLE 4 CONTRACTSUM 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 tinder this Agreement. The Contract Sum shall be Four hundred twelve thousand and three hundred dollars and no cents ($ 4 _j2,300.00 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 X . Yes_.Ifyes,please provide details below: N/A 00500 4­2020 Page 2 of 5 Standard Form of Agreement 00443647 ARTICLE 5 PAYMENTS 5.1 PROGRESS PAYMENTS 5.1.1 Based upon Applications for Payment submitted to Engineer and Owner by Contractor,and Certificates for Payment issued by Engineer and not disputed by Owner and/or Owner's lender,Owner shall make progress payments on account of the Contract Sum to Contractor as provided below, in Article 14 of the General Conditions, and elsewhere in the Contract Documents. 5.1.2 The period covered by each Application for Payment shall be one calendar month ending on the last day of the month. 5.1.3 Provided that an Application for Payment is received by Engineer and Owner, and Engineer issues a Certificate of Payment not later than the tenth (10th)day of a month, Owner shall make payment to Contractor of amounts approved by the Owner not later than the tenth(I Oth)day of the next month.If an Application for Payment is received by Engineer and Owner after the application date fixed above,payment shall be made by Owner not later than one month after the Engineer issues a Certificate for Payment. The Owner shall not have any obligation to pay any amount covered by the Engineer's Certificate for Payment that is disputed by the Owner. 5.1.4 Each Application for Payment shall be based on the most recent schedule of values submitted by Contractor in accordance with the Contract Documents.The schedule of values shall allocate the entire Contract Sum among the various portions of the Work. The schedule of values shall be prepared in such form and supported by such data to substantiate its accuracy as Engineer and Owner may require.This schedule,unless objected to by Engineer or Owner, shall be used as a basis for reviewing Contractor's Applications for Payment. 5.1.5 Applications for Payment shall warrant the percentage of completion of each portion of the Work as of the end of the period covered by the Application for Payment. 5.1.6 Subject to other provisions of the Contract Documents, the amount of each progress payment shall be computed as provided in Article 14 of the General Conditions. 5.1.7 Except with Owner's prior written approval, Contractor shall not make advance payments to suppliers for materials or equipment which have not been delivered and stored at the site. 5.2 FINAL PAYMENT 5.2.1 Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made by Owner to Contractor when: .1 Contractor has fully performed the Contract except for Contractor's responsibility to correct Work, and to satisfy other requirements,if any,which extend beyond final payment; and .2 a final Certificate for Payment has been issued by Engineer and approved by the Owner, 5.2.2 Owner's final payment to Contractor shall be made no later than thirty (30) days after the issuance of Engineer's final Certificate for Payment. In no event shall final payment be required to be made prior to thirty(30) days after all Work on the Contract has been fully performed.Defects in the Work discovered prior to final payment shall be treated as non-conforming Work and shall be corrected by Contractor prior to final payment,and shall not be treated as warranty items. ARTICLE 6 TERMINATION OR SUSPENSION 6.1 The Contract may be terminated by Owner or Contractor as provided in Article 15 of the General Conditions. 00500 4-2020 Page 3 of 5 Standard Form of Agreement 00443647 aurid 6.2 The Work may be suspended by Owner as provided in Article 15 of the General Conditions. ARTICLE 7 ENUMERATION OF CONTRACTDOCUMENTS 7.1 The Contract Documents,except for Modifications issued after execution of this Agreement,are enumerated as follows: 7.1.1 The Agreement is this executed version of the City of Round Rock, Texas Standard Form of Agreement between Owner and Contractor,as modified. 7.1.2 The General Conditions are the "City of Round Rock Contract Forms 00700," General Conditions, as modified. 7.1.3 The Supplementary,Special,and other Conditions of the Contract are those contained in the Project Manual dated August 2021 7.1.4 The Specifications are those contained in the Project Manual dated— August 2021 7.1.5 The Drawings,if any,are those contained in the Project Manual dated_ August 2021 7.1.6 The Insurance&Construction Bond Forms of the Contract are those contained in the Project Manual dated August 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 August 2021 7.1.8 If this Agreement covers construction involving federal funds, thereby requiring inclusion of mandated contract clauses, such federally required clauses are those contained in the "City of Round Rock Contract Forms 03000,"Federally Required Contract Clauses,as modified. 7.1.9 Other documents,if any,forming part of the Contract Documents are as follows: N/A ARTICLE 8 MISCELLANEOUS PROVISIONS 8.1 Where reference is made in this Agreement to a provision of any document, the reference refers to that provision as amended or supplemented by other provisions of the Contract Documents. 8.2 Owner's representative is: Juan Martinez,Engineer Associate City of Round Rock – --3400—Sunrise—Road,—Round Rock,TX 78665 (512)341-3332� 8.3 Contractor's representative is: Nick Gramatikakis,President 1225 Bandera Hwy,#A2 Kerrville,TX 78028 (830)257-5940 8.4 Neither Owner's nor Contractor's representative shall be changed without ten(10)days'written notice to the other party. 00500 4-2020 Page 4 of 5 Standard Form of Agreement 00443647 8.5 Waiver of any breach of this Agreement shall not constitute waiver of any subsequent breach. 8.6 Owner agrees to pay Contractor from available funds for satisfactory performance of this Agreement in accordance with the bid or proposal submitted therefor,subject to proper additions and deductions,all as provided in the General Conditions, Supplemental Conditions, and Special Conditions of this Agreement, and Owner agrees to make payments on account thereof as provided therein. Lack of funds shall render this Agreement null and void to the extent funds are not available, This Agreement is a commitment of City of Round Rock's current revenues only. 8.7 Although this Agreement is drawn by Owner,both parties hereto expressly agree and assert that,in the event of any dispute over its meaning or application,this Agreement shall be interpreted reasonably and fairly,and neither more strongly for nor against either party. 8.8 This Agreement shall be enforceable in Round Rock,Texas,and if legal action is necessary by either party with respect to the enforcement of any or all of the to 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 UND ROCK,T XAS L Printed Name:am, Printed N me� Title Title� Date Signed: Date Signe& ATTEST. City Clerk ICOR CI V APPROVJEAS TO FORM: (City ity Atto ey 00500 4-2020 Page 5 of 5 Standard Form of Agreement 00443647 00600 INSURANCE AND CONSTRUCTION BOND FORMS BONDS AND INSURANCE INSTRUCTIONS Instruction Sheet 1. Insurance Company must be licensed by State of Texas. 2. Agent signing bonds must be licensed in Texas. 3. Agent signing bonds must have Power of Attorney on behalf of insurance company. 4. If Agent signing bonds has Power of Attorney, but not licensed in Texas, then the bond must be counter-signed by Texas local recording agent. ALL THE ABOVE INFORMATION CAN BE FOUND AT Texas Department of Insurance website—www.tdi.state.tx.us 5. Make sure the dollar amount on both Performance and Payment Bonds match the amount of the Agreement& Bid Form Sheet. 6. Both Performance and Payment Bonds should be signed by Authorized Person. If the contractor is a corporation, then it should be signed by the President or the Vice-President. If the contractor is not incorporated, then it may be signed by the Owner. Please state the title of the authorized person. CERTIFICATE OF LIABILITY INSURANCE Instruction Sheet 1. CERTIFICATE OF LIABILITY INSURANCE FORM The City of Round Rock's Certificate of Liability Insurance form provided herein or a standard ACORD form. 2. PRODUCER and INSURED-Please list name, address,phone number and e-mail. 3. COMPANIES AFFORDING COVERAGE — TDI number required. The TDI number can be obtained from the Texas Dept of Insurance Website: http://www.tdi.state.tx.us/. —Company Lookup. Note:Exception to this rule.In certain instances where there is unusual risks involved,Surplus Lines Insurance Carriers can be used.Below are the guidelines: a. Insurance Companv does not have to be"licensed in Texas",but they do have to be"eheible for a Texas license." Please verify with the Texas Dept of Insurance Website:http://www.tdi.state.tx.us/.—Company Lookup b. Policy has to be written by licensed surplus lines Agent. Also verify with the Texas Dept of Insurance Website:http://www.tdi.state.tx.us/-Agent Lookup 4. TYPES OF INSURANCE COVERAGE— CONSTRUCTION CONTRACT: Please double check the General Conditions and the Supplemental General Conditions for the types and amounts of insurance required. The Supplemental General Conditions usually state the following: a. Business Automobile Liability Insurance b. Workers' Compensation and Employers' Liability Insurance C. Commercial General Liability Insurance d. Builders' Risk Insurance— (Generally required for all "vertical" construction. Check with Project Manager for requirements.) FOR ALL OTHER CONTRACTS, PLEASE REFER TO THE INSURANCE SECTION FOR TYPE OF INSURANCE REQUIRED. (For example Engineering Service Contracts usually require "professional liability insurance".) 5. EFFECTIVE DATE &EXPIRATION DATE Please make sure dates are current. 6. City of Round Rock must be listed on the Certificate of Insurance as an additional insured (except Workers Compensation and Builders Risk). 7. Certificate must indicate that the insurance Company must give the City of Round Rock notice of any changes, cancellation, etc. at least thirty (30) days prior to date of change. 8. Make sure Certificate is signed by an Agent Licensed in the State of Texas, this can also be found on the Texas Department of Insurance website—www.tdi.state.tx.us—Agent Lookup. Bond#: 4445559 PERFORMANCE BOND THE STATE OF TEXAS § § KNOW ALL BY THESE PRESENTS: COUNTY OF WILLIAMSON § That N. G. Painting, LP of the City of Kerrville County of Kerr and State of Texas -, as Principal, and Suretec Insurance Com pIgy_authorized under the law of the State of Texas to act as surety on bonds for principals, are held and firmly bound unto the CITY OF ROUND ROCK,TEXAS (Owner), in the penal sum of Four hundred twelve thousand three hundred dollars and no cents Dollars ($412,300.00 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 e A eT 4CY day of oje-w, 20Q1 to which the Agreement is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein consisting of: South 81 Co Darts Elevated Tank Rehabilitation 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 Perfonnance Bond 00443639 PERFORMANCE BOND (continued) Surety, for value received, stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Agreement, or to the Work performed thereunder, or the Plans, Specifications, or drawings accompanying the same, shall in anywise affect its obligation on this bond,and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Agreement, or to the work to be performed thereunder. If Principal fails to faithfully perform said Agreement, Surety, after receipt of written notice of Principal's default, shall perform all of Principal's duties and obligations under the Agreement. If, within ten (10) days after receipt of such notice from Owner, Surety does not commence to complete the obligations of Principal with a contractor acceptable to Owner and diligently complete the performance of the Principal's duties and obligations, Owner shall have the right but not the obligation to have the duties and obligations of Principal performed. In such event, Surety shall pay to Owner,upon demand, all costs, expenses and damages sustained by Owner as a result of Principal's failure to perform its duties and obligations under the Agreement up to the sum of this Performance Bond, plus all costs and expenses, including attorney's fees and expert and consultant fees incurred by Owner to enforce its rights under this Performance on . IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this �6 day of 20;2,1. Suretec Insurance Company Princi al, Surety Kristina Matthitz Printed Name Printed Name By: By: Title: p Title: Attorney In Fact Address: Ad, Address: 9737 Great Hills Trail Suite 320 Austin, TX 78759 AResint Agent of Surety: .7t of ignature Michael T. Siegeler Printed Name 172 W Austin Street Street Address Giddings, TX 78942 City, State&Zip Code Page 2 00610 4-2020 Performance Bond 00443639 rerrry poAgt 4221008 SureTee Insurance. Company MWED POVVTR OF ATTORNEY Know Aff Man by Titc§e Presents, That SURETEQ INSURANCE COMPANY (the "Company"), A corporation duly organized and existing under the laws of the Stafe of Texas, and having its,principal oMoe in Houston, Harris County, Texa4, does by these presents make,constitute and.appoiat, Michael T.Slegeler,Teresa S. Muni ,Kristina Matthijet7_Theresa M. use its true and lawful Attorney-in-fact,with fall power�" d'a arity boreby conferred do its name,place and stead,to exocut4,acL-now1edgd and deliver any and aflbDnds,recogdzancts,uridertakings or other histrments or contracts of swetyphip to include waivers to the 9� n nalty does not, kc candfdons. of cahtracts tnd consents of surety for,ptoVidina the bond pe e I 6ed Ten Million and 001100 Dollars($10,000,000.00) and to bind the Company thereby as fully and to the saint extent as if such bond were signed by the Prosiderit, sealed vAffi the c6rpqm�e s'eaf of the Company and duly attested by its Secretary, hereby mtitthig and cotfirining all that the said Attoriiey4ia-F4d may do in the premises. Said Appointment is made under and by authority of the fbllowirfg resolutions of the Board of Directors of the S=Tec Insumaoe Company,* & O .alvgzX thatbe President any Vice-President, any Assistant:VicerPresirlent any Srcrotary,or aryAssistani Secretary shallbo d.is hereby vested with fullpmvor and authority to appoint-any one or more,sulmWe persont as A1mmvXs)-ihF6ct to represent and act for-and on brhalf'of thrOompany subject to the following-provisions: Attar in-F ' ,y be given full power and authority for and inthen amoof and of behalf,of the Cts any,to okeoft, acknowicrige.and -deliver,any and all bonds,r000gnizances,cocuts or indemnity and other conditional or 6bliga.tDr -rta. ;i I*, y an yurkdo ngsandArL .d all notices and documents canceling or to the Company's liability thooeunrior, and any such instruments so qxcc4ted by any such Attainacy-in-Fact shall be binding upon the Company as if signed by the,Vresident and scaled and effected by the Corporate Socrrtary. Be it Reso,e)e4,dw the signature of any a4thorLzod officcr and seal of the Company heretofore or harcaf*affixed to any power of attorney or any cortificate-relating thereto by facsimile and-any power-ofme atto y or certificate.bcaring facsimile signaturear facsimile seal shall be valid and binding upon the Ca any Uith respect to any bond or undertaking to which it is.attached. (Adapted al a mgeAng held an 2616 of April;. 19pq) rn Wanem K'Am-eof, SURETEC INSURANCE C01aANY has caused these press rtts to be signed by its President,and its aqrpqratxw seal to be hereto affixad this isth day of A-D,itim SURET&C INSURANCE COMPANY ORAN tu > Michael C Keindig,President CO State. of Texas ast County DFHM-riS On this isth day of'j. A_D.2= before hit petsonally'carne Michael C.Kelinig,to me known,who,being by me any swam,did depose and say, that he tdsiommi HtrustDri,Tpm,that he is President of SURETBQ.1 'NCE Q()WA'KY,the-orgriparry described in and which Pxcouled tht.abvve� irtstrument;ffiat"ho knows the.seal of said Company-,that the seal affix-od to mid fitstrument is such corporate seal;thaL it was w affixed by-ardor of the Board of Diredtam-of said Company;and thk he signed his name therewby�HL-t ardor. 0 TANYks A SNEED 112! E NaWy pWc,'90ft orTam CM.M W,3&= Tanya$need,Nuts Public t4diaty ID=5711231 My commigsion exp es Mm-ch 30,2023 L.hi Brent Beary,As:fistant Secretary of SURETEC MURANCE,COMPANY,do hereby certify that the above and foregoing:is a trtz and correct copy of-a Power of Anotney,executed.bysaidCompany,which is still in fail force and effect;and furflvermore,the rosolutions of the Board orf l0' ors,set'. out in the Power DfA:ttorricy are in full force and effect unig,Preeident Tanya Sn sd,�ata P1 in= io XD es M Public a�h 30.2023 Given under my hand end the seal of said 0orripany at Houston, Tzxu this day of A.D. Oay4 1 tan Vtalry lRrept.Btaty,Assistan e e ...�rFar verification pf the authority of this ower you Wray call(71 xj 8i 2-0800 any business day be sen 8:30 m and 5:00 pin CST. Any Instrument Issued In excess of the penalty stated above istartally void and out any vpIldity. 4=1008 Bond 4: 4445559 PAYMENTBOND THE STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF WILLIAMSON § That N.G. Painting,LP , of the City of Kerrville County of Kerr and State of Texas -, as Principal, and Suretee Insurance Qoqppny ..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 Four hundred twelve thousand three hundred dollars and no cents Dollars($ 412,300 )for the payment whereof,well and truly be made the said Principal and Surety bind themselves and their heirs, administrators, executors, successors, and assigns,jointly and severally, by these presents: WHEREAS,the Principal has entered into a certain written Agreement with the Owner, dated the day of0-,,,( , 20 _a to which Agreement is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein consisting of: South 81 Com osite Elevated Tank Rehabilitation NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall well and truly pay all subcontractors, workers, laborers, mechanics, and suppliers, all monies to them owing by said Principals for subcontracts,work, labor,equipment,supplies and materials done and furnished for the construction of the improvements of said Agreement, then this obligation shall be and become null and void; otherwise to remain in full force and effect. PROVIDED, HOWEVER,that this bond is executed pursuant to the provisions of Chapter 2253, Texas Government Code, as amended, and all liabilities on this bond shall be determined in accordance with the provisions of said Chapter 2253 to the same extent as if it were copied at length herein. Page 1 00620 04-2020 Payment Bond 00437699 PAYMENT BOND (continued) Surety, for value received, stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Agreement, or to the Work performed thereunder, or the plans, specifications or drawings accompanying the same shall in anywise affect its obligation on this bond,and it does hereby waive notice of any such change,extension of time,alteration or addition to the terms of the contract, or to the work to be performed thereunder. IN WITNESS WHEREOF, the saidPrincipal and Surety have signed and sealed this Instrument this —,;2(z—"'— day of 20 ,9 Suretee Insur �Co�man P I Surety Kristina Matth Printed Name Printed Name By: CA� By: T i t I e-: Title: Attorney In Fact Address: -ste., AD. Address: 9737 Great Hills Trail Suite 320 Austin TX 78759 Resi nt Agent of SuretY Slignature Michael T. Siegeler Printed Name 172 Austin Street Street Address Giddings,TX 78942 City, State&Zip Code Page 2 11120 1-2121 Payment Bond 00090656 CERTIFICATE OF LIABILITY INSURANCE DATE(MMM ) 03!19!2021 THIS CERTIFICATE IS ISSUED ASA MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER,THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT' If the certificate holder Is an ADDITIONAL INSURED,the policy(les)must have ADDITIONAL INSURED Provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the tenns 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 endomement(s). PRODUCER CONTANAME: Kristine Matthijetz Siege4or Insurance Agency PROraE . (979)542-3449 AIC No: (979)542-0469 172 WestAusUn Street A' RESS, kmatthijetz( sieginS.com INSU RIS)AFFORDING COVERAGE NAIL M Giddings TX 76942-3294 INSURER A: Everest Indemnity Ins.Co. INSURED INSURER 8: Progressive County Mutual Ins. 29203 N.G.Painting,LP INSURER C: Texas Mutual Insurance Company 1225 Bandem Hwy INSURER D: Ste.A-2 INSURER E: Kerrville TX 79028 INSURER F: COVERAGES CERTIFICATE NUMBER. 21/22 20121 All lines REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. N07WTHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACTOR 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 SHOWNMAY HAVE BEEN REDUCED BY PAID CLAIMS. L,TR TYPE OF INSURANCE INSO WVO uPOL.ICYNUMBER MM MMtCY LIMITS COMMERCIALGENERALUABILITY EACH OCCURRENCE i 1,000,000 CLAIMS-MADE NOCCUR PREMISES Ea oaxarrsrrca y 100,000xxxx� MED EXP LAor one rsong .g..5,000 A Y EF4ML06266-201 11/22/2020 11022!2021 PERSONAL&ADV INJURY g 1,000,000 GEN'LAGGREGATELIMIT APPLIES PER: GENERAL AGGREGATE g 2,000,000 POLICY 0 P.RcoT- E]LOC PROOUCT'.S»COMPAOPAGG S 2,000,000 OTHER: Employee Benefits s 1,000,000 AUTOMOBILE LIABILITY COMBINED TING LIMIT s 1,000,000 ANYAUTO BODILY INJURY(Per ) E B OV44ED SCHEDULED Y 01436772-1 11!22/2020 11/22/2021 BODILY INJURY(Per a t) s AUTOS ONLY AUTOS HIRED NON- EO PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY Per 8xadent Uninsured motorist $ 1,000,000 UMBRELLA LIAR OCCUR EAACH OCCURRENCE g 5,000,000 A ExcESsLIAM CLAIMS-MADE EF4CU01318-201 11/22/2020 11122/2021 AGGREGATE $ 5,000,000 DED RETENTIION S 5 WORKERS COMPENSATION PEROTR• AND EMPLOYERS'UABILITY YIN CFFICCERDENT S 1,000000 IMF- �RIPARTNEXCLUr E EcurlvE ❑ NIA 0012233101 0312412021 03024/2022 e.L.EACH E.L.DISEASE IEA EMPLOYEE S^w1,000,000 It yes,describe urcer 1,000,000 DESCRIPTION OF OPERATIONS bokm E.L.DISEASE•POLICY LIMIT 5 DESCRIPTION OF OPERATIONS I LOCA71ONS P VEHICLES(ACORD 101,Addlllonal Remarks Schedule,may One aftschad If more space isrequired) The General Liability and Commercial Auto includes a BLANKET additional ensurers and waiver of subrogation status only when there is a written contract between the named Insured and the cernifacate holder that requires such status. Workers Compensation includes a BLANKET Waiver of our Right to Recover from Others only when there is a written contract between the named insured and the certificate holder that requires such status. Coverage will be primary and non-contributory as required by written contract. Umbrella follows form of the underlying liability polices and covers complain operations. Policies include 30day Notice of Cancellation 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 City Manager ACCORDANCE WITH THE POLICY PROVISIONS, 221 E Main Street AUTHORUW REPRESENTATIVE. Round Rock TX 78664 cD 9988-2015 ACORD CORPORATION. All rights reserved.. ACORD 26(2096103) The ACORD name and logo are registered marks of ACORD ADDITIONAL COVERAGES Ref# Description Coverage Cade Fa Na. Edition Date Hostile Fire and Building Equipment Pollution Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Ty Premium 1,000,040 5,000 Flat Ref# Description Coverage Cade Farm Na. Edition Data Emergency Response Coverage Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium 250,000 5,000 Flat Ref# Description Coverage Code FormNa. Edition Date Non-Owned Disposal Site Liability Limit 1 Limit Limit 3 Deductible Amount Deductible Type Premium 1,400,440 5,000 Flat !TContractors escription Coverage Code Fo o. Edition Date Pollution Limit 1Li it 2 Limit 3 Deductible Amount Deductible Type Premlun7 1,000,004 5,000 Flat Ref# Description Coverage Code I,Na. Edition Crate Transportaion Pollution Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium 1,404,404 5,440 Flat Ref#!Descri!ptlon Coverage Cade Fa No, Edition Date Cost Cov.Per Occurrence Limit limit 2 Limit 3 Deductible Amount Deductible Ty Premium 25"4,0 =Un Description ___[Coverage Code Fa Na. Edition Date nsuredmotorist combined single limit UMCSL Limit t Limit 2 Limit 3 Deductible Amount Deductible Type Premium 1,000,040 R±# Descriptlon Coverage Code Fa Na. Edition Date -Basc PIP LLimit 2 Limit 3 Deductible Amount Deductible Type Premium 1 Re?# Description Coverage Cade Fo No. Edition Date pense constant CNTLiLimit 2 Limit 3 Deductible Amount Deductible Type Premium $154.44 Ref# Description Caveage Cade Farm Na. TEdition Date Managed Care Option MCAF2E Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium -$4,831.00 ELimit Description Coverage Cade Fann No, Edition Date Experience Mod Factor 1 EXP41 1 Lirrift 2 Limit 3 Deductible Amount Deductible Type Prmlum X6,251,.04 OFACDTLCV Copyright 2001,AMTS Services,lnc. ADDITIONAL COVERAGES Ref 0 1 Description Coverage Code Form No. Edition bate Waiver of Subrogation WVSUB Limit 1 Limit 2 Limit 3 Deductible Amount DeducUbla type Premium $606,00 jR'jef# ascriptlan Coverage Dade W Empioyer"s liability WCSL Limit 2 Limit 3 Deductible Amount Deductible Type Premium 1,000,000 1,000,000 RefEDescrlptlon Coverage Cade Fa Na. EdlQlon Date PCIS Limit Limit 3 Deductible Amount Deduodble Type Premium -$4.393,00 Ref# Description Coverage Code Form No. Edition Date Increased Limits Factor ICLF Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium $564.00 Ref Description Coverage Code Farm No. Edition Date Sctredule MtjE SCH01 Limit 1 Limit 3 Deductible Amount Deductible Type Premium $7,668.00 Rof# Description Coverage Cade Form Na. Edition tate Limit 1 Limit 2 Limit 3 Deductible Amount DeductibleType Premium rRati Description Coverage Code FormNo. Edition Date Limit 1 Limit 2 Limit 3 Deductible Amount Deductible type Premium Ref# Description Coverage Code Form No. Edition Date Limit i Limit 2 Limit 3 Deductible Amount Deductible Type Premium Ref# Description Coverage Code Form No. Edition Date Limit 9 limit 2 Limit 3 Deductible Amount Deductibie Type Premium ±,# Descrl,,ption Coverage Code Limit 3 Deductible Amount Deductible'type Premium Ref# Description Coverage Code FormNo. Edition Date Limit 1 �Umft �Llmft�3 �Ded�uctJble mount D.di�octible Type Premium OFADTLCV Copyright 2001,AMS Services,Inc. 00700 GENERAL CONDITIONS City of Round Rock Contract Forms General Conditions Section 00700 TABLE OF CONTENTS OF GENERAL CONDITIONS Article Page Number& Title Number 1. DEFINITIONS.................................................................................................................................................2 2. PRELIMINARY MATTERS.............................................................................................................................5 3. CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE........................................................................7 4. AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; REFERENCE POINTS..........................................................................................................8 5. BONDS AND INSURANCE............................................................................................................................10 6. CONTRACTOR'S RESPONSIBILITIES.........................................................................................................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 15. SUSPENSION OF WORK AND TERMINATION...........................................................................................39 16. DISPUTE RESOLUTION ...............................................................................................................................41 17 RIGHT TO AUDIT..........................................................................................................................................42 18. MISCELLANEOUS.........................................................................................................................................43 00700 04-2020 Page 1 General Conditions 00443641 GENERAL CONDITIONS ARTICLE 1 - DEFINITIONS Whenever used in these General Conditions or in the other Contract Documents, the term printed with initial capital letters or all capital letters, including the term's singular and plural forms, will have the meaning indicated in the definitions below or as defined in these General Conditions or other Contract Documents: 1.1 Addenda - Written or graphic instruments issued prior to the receipt of Proposals or the opening of Bids that clarify, correct or change the proposal or bidding requirements or the Contract Documents. 1.2 Agreement- Prescribed form, referenced as Section 00500. 1.3 Alternative Dispute Resolution-The process by which a disputed Claim may be settled if the OWNER and the CONTRACTOR cannot reach an agreement between themselves, as an alternative to litigation. 1.4 Bid - Proposal of bidder on prescribed forms setting forth prices for performing the Work described in the Contract Documents. 1.5 Bid Documents-The advertisement or invitation for bids, instructions to bidders, the bid form, the Contract Documents and Addenda. 1.6 Calendar Day-Any day of the week; no days being excepted. Work on Saturdays, Sundays, and/or Legal Holidays shall only be conducted with prior express written consent of the OWNER. 1.7 Change Directive-A written directive to the CONTRACTOR, signed by the OWNER, ordering a change in the Work and stating a proposed basis for adjustment, if any, in the Contract Amount or Contract Time, or both. A Change Directive may be used in the absence of total agreement on the terms of a Change Order. A Change Directive does not change the Contract Amount or Contract Time, but is evidence that the parties expect that the change directed or documented by a Change Directive will be incorporated in a subsequently issued Change Order. 1.8 Change Orders - Written agreements entered into between the CONTRACTOR and the OWNER authorizing an addition, deletion, or revision to the Contract, issued on or after the Execution Date of the Agreement and within the Contract term. 1.9 Claim - A written demand seeking, as a matter of right, adjustment or interpretation of Contract terms, payment of money, extension of time or other relief with respect to the terms of the Contract. 1.10 Contract - The Contract represents the entire and integrated agreement between the OWNER and the CONTRACTOR for performance of the Work, as evidenced by the Contract Documents. 1.11 Contract Amount-The amount payable by the OWNER to the CONTRACTOR for completion of the Work in accordance with the Contract Documents. 1.12 Contract Documents — Includes the Invitation to Bid, Instructions to Bidders, Agreement, General Conditions, Supplemental General Conditions, Special Conditions, Specifications, Project Manual, Drawings, Addenda and Change Orders. 1.13 Contract Time-The number of days allowed for completion of the Work as defined by the Contract. When any period is referred to in days, it will be computed to exclude the first and include the last day of such period. A day of twenty-four(24) hours measured from midnight to the next midnight will constitute a day. 1.14 CONTRACTOR - The individual, firm, corporation, or other business entity with whom the OWNER has entered into the Contract. 00700 04-2020 Page 2 General Conditions 1.15 Drawings - Those portions of the Contract Documents which are graphic representations of the scope, extent and character of the Work to be furnished and performed by the CONTRACTOR and which have been approved by the OWNER. Drawings may include plans, elevations, sections, details, schedules and diagrams. Shop Drawings are not Drawings as so defined. 1.16 Engineer/Architect (E/A) - The OWNER's design professional identified as such in the Agreement. The titles of"Architect/Engineer,""Architect"and "Engineer" used in the Contract Documents shall be read the same as Engineer/Architect (E/A). Nothing contained in the Contract Documents shall create any contractual or agency relationship between E/A and the CONTRACTOR. 1.17 Equal - The terms "equal" or"approved equal" shall have the same meaning. 1.18 Execution Date- Date of last signature of the parties to the Agreement. 1.19 Field Order-A written order issued by Owner's Representative which orders minor changes in the Work and which does not involve a change in the Contract Amount or the Contract Time. 1.20 Final Acceptance—The stage in the Contract process when, in the OWNER's opinion, Final Completion of the Work has been attained and a Certificate of Acceptance approved by the OWNER is issued. 1.21 Final Completion -The stage in the progress of the Work when, in the OWNER's opinion, the entire Work has been completed, the CONTRACTOR's obligations under the Contract Documents have been fulfilled, and the OWNER is processing or has made final payment to the CONTRACTOR, as evidenced by a Certificate of Acceptance approved by the OWNER. 1.22 Inspector-The authorized representative of any regulatory agency that has jurisdiction over any portion of the Work. 1.23 Legal Holidays 1.23.1 The following are recognized by the OWNER: Holiday Date Observed New Year's Day January 1 Martin Luther King, Jr.'s Birthday Third Monday in January President's Day Third Monday in February Memorial Day Last Monday in May Independence Day July 4 Labor Day First Monday in September Veteran's Day November 11 Thanksgiving Day Fourth Thursday in November Friday after Thanksgiving Friday after Thanksgiving Christmas Eve December 24 Christmas Day December 25 00700 04-2020 Page 3 General Conditions 1.23.2 If a Legal Holiday falls on Saturday, it will be observed on the preceding Friday. If a Legal Holiday falls on Sunday, it will be observed on the following Monday. 1.23.3 If Christmas Eve falls on a Saturday or a Sunday, the preceding Friday is observed as the Christmas Eve holiday. 1.23.4 If Christmas Day falls on a Saturday or a Sunday, the following Monday is observed as the Christmas Day holiday. 1.24 Milestones-A significant event specified in the Contract Documents relating to an intermediate completion date or time prior to Substantial Completion of all the Work. 1.25 Notice to Proceed - A Written Notice given by the OWNER to the CONTRACTOR notifying the CONTRACTOR to commence the Work and which may also fix the date on which the Contract Times will commence to run and on which the CONTRACTOR shall start to perform the CONTRACTOR's obligations under the Contract Documents. 1.26 OWNER—The City of Round Rock, Texas, a municipal corporation, home-rule city and political subdivision organized and existing under the laws of the State of Texas, acting through the City Manager or his/her designee, officers, agents or employees to administer design and construction of the Project. 1.27 Owner's Representative-The designated representative of the OWNER. 1.28 Partial Occupancy or Use - Use by the OWNER of a partially completed part of the Work for the purpose for which it is intended (or a related purpose) prior to Substantial Completion of all the Work. 1.29 Project - The total construction of which the Work to be provided under the Contract Documents may be the whole, or a part, as indicated elsewhere in the Contract Documents. 1.30 Project Manual - That portion of the Contract Documents which may include the following: introductory information; bidding requirements, Contract forms and General and Supplemental General Conditions; General Requirements; Specifications; Drawings; Project Safety Manual; and Addenda. 1.31 Proposal—Proposal of Offeror, on prescribed forms setting forth prices for performing the Work described in the Contract Documents. 1.32 Proposal Documents—The advertisement or invitation for Proposals, Instruction to Offerors, the Proposal form, the Contract Documents and Addenda. 1.33 Resident Project Representative - The authorized representative of E/A who may be assigned to the site or any part thereof. 1.34 Shop Drawings -All drawings, diagrams, illustrations, schedules and other data or information which are specifically prepared or assembled by or for the CONTRACTOR and submitted by the CONTRACTOR as required by the Contract Documents. 1.35 Specifications - Those portions of the Contract Documents consisting of written technical descriptions as applied to the Work, which set forth to the CONTRACTOR, in detail, the requirements which must be met by all materials, equipment, construction systems, standards, workmanship, equipment and services in order to render a completed and useful project. 1.36 Substantial Completion - The stage in the progress of the Work when the Work, or designated portions thereof, may still require minor modifications or adjustments but, in the OWNER's opinion,the Work has progressed to the point such that all parts of the Work under consideration are fully operational and the beneficial use and occupancy of which can be assumed by the Owner, as evidenced by a Certificate of Substantial Completion approved by the OWNER. 00700 04-2020 Page 4 General Conditions 1.37 Subcontractor-An individual, firm, or corporation having a direct contract with the CONTRACTOR for the performance of a part of the Work. 1.38 Sub-subcontractor-A person or entity who has a direct or indirect contract with a Subcontractor or a Sub- subcontractor of any tier to perform a portion of the Work. 1.39 Superintendent - The representative of the CONTRACTOR authorized in writing to receive and fulfill instructions from Owner's Representative, and who shall supervise and direct construction of the Work. 1.40 Supplemental General Conditions- The part of the Contract Documents which either amends or supplements the General Conditions. All General Conditions which are not so amended or so supplemented shall be considered as remaining in full force and effect. 1.41 Supplier-An individual or entity having a direct contract with the CONTRACTOR or with any Subcontractor or Sub-subcontractor to furnish materials or equipment to be incorporated in the Work by the CONTRACTOR or any Subcontractor. 1.42 Time Extension Request-An approved request for time extension on a form acceptable to the OWNER. 1.43 Work - The entire completed construction, or the various separately identifiable parts thereof, required to be furnished under the Contract Documents. 1.44 Working Day - Any day of the week, not including Saturdays, Sundays, or Legal Holidays, in which conditions not under the CONTRACTOR's control will permit work for at least seven (7)hours of the Working Times. Upon authorization by the Owner's Representative, work on Saturdays, Sundays and/or Legal Holidays may be allowed and, in that event, a Working Day will be counted for each such day. 1.45 Working Times — Times of day(s) during which work may be performed. Unless authorized by Owner's Representative, all Work shall be performed between 7:00 a.m. and 6:00 p.m. on weekdays and, if previously authorized as provided for in paragraph 1.44 or paragraph 1.6 herein, as applicable, between 9:00 a.m. and 6:00 p.m. on Saturdays, Sundays or Legal Holidays. When the CONTRACTOR has been authorized to perform Work during hours outside Working Times, such hours shall be considered time worked on Working Day contracts. Notwithstanding the preceding, emergency work may be done without prior permission only as provided in paragraph 6.11.5 herein. 1.46 Written Notice-Written communication between the OWNER and the CONTRACTOR. Written Notice shall be deemed to have been duly served if delivered in person to Owner's Representative or to the CONTRACTOR's duly authorized representative, or if such Written Notice is delivered to or sent by registered or certified mail to the attention of Owner's Representative or to the CONTRACTOR's duly authorized representative at the last business address known to the party giving notice. ARTICLE 2 - PRELIMINARY MATTERS 2.1 Delivery of Agreement, Bonds, Insurance, and Other Documentation: Within ten (10)Calendar Days after written notification of award of Contract, the CONTRACTOR shall deliver to the OWNER signed Agreement, Bond(s), Insurance Certificate(s) and other documentation required for execution of the Contract. 2.2 Copies of Documents: The OWNER shall furnish to the CONTRACTOR two (2) copies of the Contract Documents unless otherwise specified. 00700 04-2020 Page 5 General Conditions 2.3 Commencement of Contract Times; Notice to Proceed: The Contract Time(s) commence on the date indicated in the Agreement or in the Notice to Proceed. Notice to Proceed will be given at any time within sixty(60)Calendar Days after the Execution Date of the Agreement, unless extended by written agreement of the parties. 2.4 Before Starting Construction: 2.4.1 No Work shall be done at the site prior to the preconstruction conference without the OWNER's approval. Before undertaking each part of the Work, the CONTRACTOR shall carefully study and compare the Contract Documents and check and verify pertinent figures shown thereon and all applicable field measurements. The CONTRACTOR shall promptly report in writing to Owner's Representative any conflict, error, ambiguity or discrepancy which the CONTRACTOR may discover and shall obtain a written interpretation or clarification from Owner's Representative before proceeding with any Work affected thereby. The CONTRACTOR shall be liable to the OWNER for failure to report any conflict, error, ambiguity or discrepancy in the Contract Documents of which the CONTRACTOR knew or reasonably should have known. 2.4.2 The CONTRACTOR shall submit the following to Owner's Representative for review and approval no later than the preconstruction conference: .1 a preliminary progress schedule indicating the times (number of days or dates) for starting and completing the various stages of the Work, including any Milestones specified in the Contract Documents, identifying when all Subcontractors will be utilized, and taking into consideration any limitations on Working Hours; .2 a preliminary schedule of Shop Drawing and sample submittals; .3 a preliminary schedule of values for all of the Work, subdivided into component parts in sufficient detail to serve as the basis for progress payments during construction. Such prices will include an appropriate amount of overhead and profit applicable to each item of Work. The preliminary schedule of values submitted by the CONTRACTOR should include a reasonable estimation of value of each item included and shall not contain disproportionate values assigned to any item or items; .4 a letter designating CONTRACTOR's Superintendent; .5 a letter from the CONTRACTOR and Subcontractor(s) listing any salaried specialists; .6 if applicable, a letter designating the "Competent Person(s)" on general safety and trench safety measures; .7 if applicable, a trench safety system plan; .8 if applicable, a plan illustrating proposed locations of temporary facilities; .9 if applicable, a traffic control plan; .10 a completed Non-Use of Asbestos Affidavit (Prior to Construction); and .11 if applicable, a letter designating the Texas Registered Professional Land Surveyor for layout of the Work. 2.5 Preconstruction Conference: Prior to commencement of Work at the site, a preconstruction conference attended by the CONTRACTOR, Owner's Representative and others will be held. 00700 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. 4.2.4 The CONTRACTOR shall take reasonable precaution to avoid disturbing primitive records and antiquities of archaeological, paleontological or historical significance. No objects of this nature shall be disturbed without written permission of the OWNER and the Texas Department of Antiquities Protection. When such objects are uncovered unexpectedly, the CONTRACTOR shall stop all Work in close proximity and notify Owner's Representative and the Texas Department of Antiquities Protection of their presence and shall not disturb them until written permission and permit to do so is granted.All primitive rights and antiquities uncovered on the OWNER's property shall remain property of the State of Texas, the Texas Department of Antiquities Protection conforming to the Texas Natural Resources Code. If it is determined by the OWNER, in consultation with the Texas Department of Antiquities Protection,that exploration or excavation of primitive records or antiquities on Project site is necessary to avoid loss, the CONTRACTOR shall cooperate in salvage work attendant to preservation. If the Work stoppage or salvage work causes an increase in the CONTRACTOR's cost of, or time required for, performance of the Work, the Contract Amount and/or Contract Time may be equitably adjusted. 4.3 Reference Points: Unless otherwise specified, the OWNER will furnish all reference points, benchmarks, survey monuments, and control points which, in the OWNER's opinion, are suitable for laying out the Work. Such benchmarks and reference points will be placed at intervals not to exceed 1,500 feet. All reference points, benchmarks, survey monuments and control points shall be carefully preserved by the CONTRACTOR by use of flags, laths or other appropriate measures and, in case of destruction or removal by the CONTRACTOR or its employees, such reference points, benchmarks, survey monuments, and control points shall be replaced by a Registered Professional Land Surveyor at the CONTRACTOR's expense. When reference points, benchmarks, survey monuments, or control points are in conflict with the Work, then reestablishment will be the OWNER's responsibility during or upon completion of the Work. 4.4 Hazardous Materials: 00700 04-2020 Page 9 General Conditions 4.4.1 The OWNER shall be responsible for any hazardous material uncovered or revealed at the site which was not shown, indicated or identified in the Contract Documents to be within the scope of the Work and which may present a substantial danger to persons or property exposed thereto in connection with the Work at the site. The CONTRACTOR shall immediately notify Owner's Representative of any suspected hazardous materials encountered before or during performance of the Work and shall take all necessary precautions to avoid further disturbance of the materials. 4.4.2 The CONTRACTOR shall be responsible for any hazardous materials brought to the site by the CONTRACTOR, Subcontractor, Suppliers or anyone else for whom the CONTRACTOR is responsible. 4.4.3 No asbestos-containing materials shall be incorporated into the Work or brought on the Project site without prior approval of the OWNER. 4.4.4 TO THE FULLEST EXTENT PERMITTED BY LAWS AND REGULATIONS, CONTRACTOR SHALL INDEMNIFY AND HOLD HARMLESS OWNER, AND ITS COUNCIL MEMBERS, EMPLOYEES, AGENTS, AND CONSULTANTS FROM AND AGAINST ALL CLAIMS, COSTS, LOSSES, AND DAMAGES (INCLUDING BUT NOT LIMITED TO ALL FEES AND CHARGES OF ENGINEERS, ARCHITECTS, ATTORNEYS, AND OTHER PROFESSIONALS AND ALL COURT OR ARBITRATION OR OTHER DISPUTE RESOLUTION COSTS) ARISING OUT OF OR RELATING TO FAILURE TO CONTROL, CONTAIN OR REMOVE A HAZARDOUS MATERIAL BROUGHT TO THE SITE BY CONTRACTOR OR BY ANYONE FOR WHOM CONTRACTOR IS RESPONSIBLE, OR TO A HAZARDOUS ENVIRONMENTAL CONDITION CREATED BY CONTRACTOR OR BY ANYONE FOR WHOM CONTRACTOR IS RESPONSIBLE. ARTICLE 5- BONDS AND INSURANCE 5.1 Surety and Insurance Companies: All bonds and insurance required by the Contract Documents shall be obtained from solvent surety or insurance companies that are duly licensed by the State of Texas and authorized to issue bonds or insurance policies for the limits and coverages required by the Contract Documents. The bonds shall be in a form acceptable to the OWNER and shall be issued by a surety which complies with the requirements of Chapter 3503, Texas Insurance Code (2005)and which is otherwise acceptable to the OWNER. OWNER may require the surety to obtain reinsurance for any portion of the risk that exceeds 10% of the surety's capital and surplus. For bonds exceeding $100,000, the surety must also hold a certificate of authority from the U.S. Secretary of the Treasury or have obtained reinsurance from a reinsurer that is authorized as a reinsurer in Texas and holds a certificate of authority from the U.S. Secretary of the Treasury. 5.2 Workers' Compensation Insurance Coverage: 5.2.1 Definitions: .1 Certificate of coverage ("certificate") - A copy of a certificate of insurance, a certificate of authority to self-insure issued by the commission, or a coverage agreement showing statutory workers' compensation insurance coverage for the person's or entity's employees providing services on the Project, for the duration of the Project. .2 Duration of the Project - includes the time from the beginning of the Work on the Project until the CONTRACTOR's/ person's Work on the Project has been completed and accepted by the OWNER. .3 Persons providing services on the Project ("subcontractor" herein) - includes all persons or entities performing all or part of the services the CONTRACTOR has undertaken to perform on the Project, regardless of whether that person contracted directly with the CONTRACTOR and regardless of whether that person has employees. This includes, by way of illustration and not of limitation, 00700 04-2020 Page 10 General Conditions independent contractors, Subcontractors, leasing companies, motor carriers, owner-operators, employees of any such entity, or employees of any entity which furnishes persons to provide services on the Project. "Services" include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project. "Services" does not include activities unrelated to the Project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. 5.2.2 The CONTRACTOR shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44)for all employees of the CONTRACTOR providing services on the Project, for the duration of the Project. 5.2.3 The OWNER will not execute the Contract prior to the CONTRACTOR providing all required certificates of coverage. 5.2.4 If the coverage period shown on the CONTRACTOR's current certificate of coverage ends during the duration of the Project, the CONTRACTOR must, prior to the end of the coverage period, file a new certificate of coverage with the OWNER showing that coverage has been extended. 5.2.5 The CONTRACTOR shall obtain from each person providing services on the Project, and provide to the OWNER: .1 a certificate of coverage, prior to that person beginning Work on the Project, so the OWNER will have on file certificates of coverage showing coverage for all persons providing services on the Project; and .2 no later than seven (7)days after receipt by the CONTRACTOR, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the Project. 5.2.6 The CONTRACTOR shall retain all required certificates of coverage for the duration of the Project and for one (1)year thereafter. 5.2.7 The CONTRACTOR shall notify the OWNER in writing by certified mail or personal delivery within ten (10) days after the CONTRACTOR knew or should have known of any change that materially affects the provision of coverage of any person providing services on the Project. 5.2.8 The CONTRACTOR shall post at its office or on each Project site a notice, in the text, form and manner prescribed by the Texas Workers' Compensation Commission, informing all persons providing services on the Project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage. 5.2.9 The CONTRACTOR shall contractually require each person with whom it contracts to provide services on a Project to: .1 provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44)for all of its employees providing services on the Project, for the duration of the Project; .2 provide to the CONTRACTOR, prior to that person beginning Work on the Project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the Project, for the duration of the Project; .3 provide the CONTRACTOR, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the Project; 00700 04-2020 Page 11 General Conditions .4 obtain from each other person with whom it contracts, and provide to the CONTRACTOR: a) a certificate of coverage, prior to the other person beginning Work on the Project; and b) a new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the Project; .5 retain all required certificates of coverage on file for the duration of the Project and for one (1) year thereafter; .6 notify the OWNER in writing by certified mail or personal delivery within ten (10) days after the person knew or should have known of any change that materially affects the provision of coverage of any person providing services on the Project; and .7 contractually require each person with whom it contracts, to perform as required by paragraphs 5.2.9.1 - 5.2.9.7, with the certificates of coverage to be provided to the person for whom they are providing services. 5.2.10 By signing this Contract or providing or causing to be provided a certificate of coverage, the CONTRACTOR is representing to the OWNER that all employees of the CONTRACTOR who will provide services on the Project will be covered by workers' compensation coverage for the duration of the Project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self-insured, with the commission's Division of Self-Insurance Regulation. Providing false or misleading information may subject the CONTRACTOR to administrative penalties, criminal penalties, civil penalties, or other civil actions. 5.2.11 The CONTRACTOR's failure to comply with any of these provisions is a breach of Contract by the CONTRACTOR which entitles the OWNER to declare the Contract void if the CONTRACTOR does not remedy the breach within ten (10)days after receipt of notice of breach from the OWNER. 5.3 Contractor Insurance Requirements: For specific bond requirements and additional insurance requirements, refer to the Supplemental General Conditions. 5.3.1.1 General Requirements: .1 CONTRACTOR shall carry insurance in the types and amounts indicated below for the duration of the Contract, which shall include items owned by OWNER in the care, custody and control of CONTRACTOR prior to and during construction and warranty period. .2 CONTRACTOR must complete and forward the required Certificates of Insurance to OWNER before the Contract is executed as verification of coverage required below. CONTRACTOR shall not commence Work until the required insurance is obtained and until such insurance has been reviewed by OWNER. Approval of insurance by OWNER shall not relieve or decrease the liability of CONTRACTOR hereunder and shall not be construed to be a limitation of liability on the part of CONTRACTOR. CONTRACTOR must also complete and forward the required Certificates of Insurance to OWNER whenever a previously identified policy period has expired as verification of continuing coverage. .3 CONTRACTOR's insurance coverage is to be written by companies licensed to do business in the State of Texas at the time the policies are issued and shall be written by companies with A.M. Best ratings of B+VII or better, except for hazardous material insurance which shall be written by companies with A.M. Best ratings of A-or better. 00700 04-2020 Page 12 General Conditions .4 All endorsements naming the OWNER as additional insured, waivers, and notices of cancellation endorsements as well as the Certificate of Insurance shall indicate: City of Round Rock, 221 E. Main St., Round Rock, Texas 78664. .5 The "other" insurance clause shall not apply to the OWNER where the OWNER is an additional insured shown on any policy. It is intended that policies required in the Contract, covering both OWNER and CONTRACTOR, shall be considered primary coverage as applicable. .6 If insurance policies are not written for amounts specified below, CONTRACTOR shall carry Umbrella or Excess Liability Insurance for any differences in amounts specified. If Excess Liability Insurance is provided, it shall follow the form of the primary coverage. .7 OWNER shall be entitled, upon request and without expense, to receive certified copies of policies and endorsements thereto and may make any reasonable requests for deletion or revision or modification of particular policy terms, conditions, limitations, or exclusions except where policy provisions are established by law or regulations binding upon either of the parties hereto or the underwriter on any such policies. .8 OWNER reserves the right to review the insurance requirements set forth during the effective period of this Contract and to make reasonable adjustments to insurance coverage, limits, and exclusions when deemed necessary and prudent by OWNER based upon changes in statutory law, court decisions, the claims history of the industry or financial condition of the insurance company as well as CONTRACTOR. .9 CONTRACTOR shall not cause any insurance to be canceled nor permit any insurance to lapse during the term of the Contract or as required in the Contract. .10 CONTRACTOR shall be responsible for premiums, deductibles and self-insured retentions, if any, stated in policies. All deductibles or self-insured retentions shall be disclosed on the Certificate of Insurance. .11 CONTRACTOR shall provide OWNER thirty (30) days written notice of erosion of the aggregate limits below occurrence limits for all applicable coverages indicted within the Contract. .12 If OWNER-owned property is being transported or stored off-site by CONTRACTOR, then the appropriate property policy will be endorsed for transit and storage in an amount sufficient to protect OWNER's property. .13 The insurance coverages required under this contract are required minimums and are not intended to limit the responsibility or liability of CONTRACTOR. 5.3.1.2 Business Automobile Liability Insurance. Provide coverage for all owned, non-owned and hired vehicles. The policy shall contain the following endorsements in favor of OWNER: a) Waiver of Subrogation endorsement TE 2046A; b) 30 day Notice of Cancellation endorsement TE 0202A; and c) Additional Insured endorsement TE 9901 B. Provide coverage in the following types and amounts: 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 of the preceding paragraph, CONTRACTOR shall within ten (10)days thereafter substitute another bond and surety, both of which must be acceptable to OWNER. .3 When Performance Bonds and/or Payment Bonds are required, each shall be issued in an amount of one hundred percent (100%) of the Contract Amount as security for the faithful performance and/or payment of all CONTRACTOR's obligations under the Contract Documents. Performance Bonds and Payment Bonds shall be issued by a solvent surety company authorized to do business in the State of Texas, and shall meet any other requirements established by law or by OWNER pursuant to applicable law. Any surety duly authorized to do business in Texas may write Performance and Payment Bonds on a project without reinsurance to the limit of 10 percent of its capital and surplus. Such a surety must reinsure any obligations over 10 percent. .4 If CONTRACTOR has failed to obtain or maintain a required bond, OWNER may exclude the CONTRACTOR from the site of the Project and exercise OWNER's suspension and/or termination rights under the Contract Documents. 5.4.2 Performance Bond. .1 If the Contract Amount exceeds $100,000, CONTRACTOR shall furnish OWNER with a Performance Bond in the form set out by OWNER. .2 If the Contract Amount exceeds $25,000 but is less than or equal to $100,000, CONTRACTOR shall furnish OWNER with a Performance Bond in the form set out by OWNER, unless the original Contract Time is 60 Calendar Days/40 Working Days or less, in which case CONTRACTOR can agree to the following terms and conditions for payment in lieu of providing a Performance Bond: no money will be paid to CONTRACTOR until completion and acceptance of the Work by OWNER; CONTRACTOR shall be entitled to receive 95%of the Contract Amount following Final Completion, and the remaining 5%of the Contract Amount following the one year warranty period. .3 If the Contract Amount is less than or equal to $25,000, CONTRACTOR will not be required to furnish a Performance Bond; provided that no money will be paid to CONTRACTOR until completion and acceptance of the Work by OWNER under the following terms and conditions: CONTRACTOR shall be entitled to receive 95%of the Contract Amount following Final Completion, and the remaining 51/6 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 will not be allowed to be the designated Superintendent for the Work. The Superintendent shall not be replaced without Written Notice to Owner's Representative. If the CONTRACTOR deems it necessary to replace the Superintendent, the CONTRACTOR shall provide the necessary information for approval, as stated above, on the proposed new Superintendent. A qualified substitute Superintendent may be designated in the event that the designated Superintendent is temporarily away from the Work, but not to exceed a time limit acceptable to Owner's Representative. The CONTRACTOR shall replace the Superintendent upon the OWNER's request in the event the Superintendent is unable to perform to the OWNER's satisfaction. The Superintendent will be the CONTRACTOR's representative on the Work and shall have the authority to act on behalf of the CONTRACTOR. All communications given to the Superintendent shall be as binding as if given to the CONTRACTOR. Either the CONTRACTOR or the Superintendent shall provide an emergency and home telephone number at which one or the other may be reached if necessary when work is not in progress. 6.2 Labor, Materials and Equipment: 6.2.1 The CONTRACTOR agrees to employ only orderly and competent workers, skillful in performance of the type of Work required under this Contract. The CONTRACTOR, Subcontractors, Sub-subcontractors, and their employees may not use or possess any firearms, alcoholic or other intoxicating beverages, illegal drugs or controlled substances while on the job or on the OWNER's property, nor may such workers be intoxicated, or under the influence of alcohol or drugs, on the job. If the OWNER or Owner's Representative notifies the CONTRACTOR that any worker is incompetent, disorderly or disobedient, has knowingly or repeatedly violated safety regulations, has possessed any firearms, or has possessed or was under the influence of alcohol or drugs on the job, the CONTRACTOR shall immediately remove such worker from performing Contract Work, and may not employ such worker again on Contract Work without the OWNER's prior written consent. The CONTRACTOR shall at all times maintain good discipline and order on or off the site in all matters pertaining to the Project. The CONTRACTOR shall pay workers no less than the wage rates established in Section 00900, and maintain weekly payroll reports as evidence thereof. 6.2.2 Unless otherwise specified, the CONTRACTOR shall provide and pay for all materials, equipment, labor, transportation, construction equipment and machinery, tools, appliances, fuel, power, light, heat, telephone, water, sanitary facilities, temporary facilities and all other facilities and incidentals necessary for the furnishing, performance, re-testing of defective work, start-up and completion of the Work. 6.2.3 All materials and equipment shall be of good quality and new (including new products made of recycled materials), except as otherwise provided in the Contract Documents. If required by Owner's Representative, the CONTRACTOR shall furnish satisfactory evidence (reports of required tests, manufacturer's certificates of compliance with material requirements, mill reports, etc.) as to the kind, quantity and quality of materials and equipment. All materials and equipment shall be applied, installed, connected, erected, used, cleaned and conditioned in accordance with instructions of the applicable Supplier, except as otherwise provided in the Contract Documents. 00700 04-2020 Page 16 General Conditions 6.2.4 Substitutes and "Approved Equal" Items: 6.2.4.1 Whenever an item of material or equipment is specified or described in the Contract Documents by using the name of a proprietary item or the name of a particular Supplier, the specification or description is intended to establish the type,function and quality required. Unless the specification or description contains words reading that no like, equivalent or"approved equal" item or no substitution is permitted, other items of material or equipment of other Suppliers may be submitted to Owner's Representative under the following circumstances: .1 "Approved Equal": If, in the OWNER's sole discretion, an item of material or an item of equipment proposed by the CONTRACTOR is functionally equal to that named and sufficiently similar so that no change in related Work will be required, it may be considered by the OWNER as an "approved equal" item, in which case review of the proposed item may, in the OWNER's sole discretion, be accomplished without compliance with some or all of the requirements for evaluation of proposed substitute items. The CONTRACTOR shall provide the OWNER with the documentation required for the OWNER to make its determination. .2 Substitute Items: If, in the OWNER's sole discretion, an item of material or an item of equipment proposed by the CONTRACTOR does not qualify as an "approved equal" item under paragraph 6.2.4.1.1, then it will be considered a proposed substitute item. The CONTRACTOR shall submit sufficient information to allow the OWNER to determine that the item of material or item of equipment proposed is essentially equivalent to that named and a substitute therefor. 6.2.4.2 Substitute Construction Methods and Procedures: If a specific means, method, technique, sequence or procedure of construction is shown or indicated in and expressly required by the Contract Documents, the CONTRACTOR may with prior approval of the OWNER furnish or utilize a substitute means, method, technique, sequence, or procedure of construction. The CONTRACTOR shall submit sufficient information to Owner's Representative to allow the OWNER, in the OWNER's sole discretion, to determine that the substitute proposed is equivalent to that expressly called for by the Contract Documents. 6.2.4.3 OWNER's Evaluation: The OWNER will be allowed a reasonable time within which to evaluate each proposal or submittal made pursuant to paragraph 6.2.4.1.1 and paragraph 6.2.4.1.2. The OWNER will be the sole judge of acceptability. No "approved equal" or substitute shall be ordered, installed, or utilized until the OWNER's review is complete, which will be evidenced by either a Change Order or completion of the Shop Drawing review procedure. The OWNER may require the CONTRACTOR to furnish at the CONTRACTOR's expense a special performance guarantee or other surety bond with respect to any"approved equal"or substitute. The OWNER shall not be responsible for any delay due to review time for any"approved equal" or substitute. 6.2.4.4 CONTRACTOR's Expense: All data to be provided by the CONTRACTOR in support of any proposed "approved equal" or substitute item will be at the CONTRACTOR's expense. 6.2.5 The CONTRACTOR agrees to assign to the OWNER any rights it may have to bring antitrust suits against its Suppliers for overcharges on materials incorporated in the Project growing out of illegal price fixing agreements. The CONTRACTOR further agrees to cooperate with the OWNER should the OWNER wish to prosecute suits against Suppliers for illegal price fixing. 6.3 Progress Schedule: Unless otherwise directed, the CONTRACTOR shall adhere to the progress schedule established in accordance with paragraph 2.6 as it may be adjusted from time to time as provided below: .1 The CONTRACTOR shall submit to Owner's Representative for acceptance proposed adjustments in the progress schedule that will not change the Contract Times or Milestones. Such adjustments will conform generally to the progress schedule then in effect. 00700 04-2020 Page 17 General Conditions .2 Proposed adjustments in the progress schedule that will change the Contract Times or Milestones shall be submitted in accordance with the requirements of Article 12. Such adjustments may only be made by a Change Order or Time Extension Request in accordance with Article 12. 6.4 Concerning Subcontractors, Suppliers and Others: 6.4.1 Assignment: The CONTRACTOR agrees to retain direct control of and give direct attention to the fulfillment of this Contract. The CONTRACTOR agrees not to, by Power of Attorney or otherwise,assign said Contract without the prior written consent of the OWNER. 6.4.2 Award of Subcontracts for Portions of the Work: The CONTRACTOR shall not employ any Subcontractor, Supplier or other person or organization, whether initially or as a substitute, against whom the OWNER may have reasonable objection. The CONTRACTOR must provide the OWNER with a list of all Subcontractors, Suppliers, or other persons or organizations it will use in the Work, and such list must be provided prior to the preconstruction conference. Should the OWNER have objections,the OWNER will communicate such objections by Written Notice. If the OWNER requires a change without good cause of any Subcontractor, person or organization previously accepted by OWNER,the Contract Amount may be increased or decreased by the difference in the cost occasioned by any such change, and an appropriate Change Order shall be issued. The CONTRACTOR shall not substitute any Subcontractor, person or organization that has been accepted by the OWNER, unless the substitute has been accepted in writing by the OWNER. No acceptance by the OWNER of any Subcontractor, Supplier or other person or organization shall constitute a waiver of any right of the OWNER to reject defective Work. 6.4.3 The CONTRACTOR shall enter into written agreements with all Subcontractors and Suppliers which specifically bind the Subcontractors or Suppliers to the applicable terms and conditions of the Contract Documents for the benefit of the OWNER and E/A. The OWNER reserves the right to specify that certain requirements shall be adhered to by all Subcontractors and Sub-subcontractors as indicated in other portions of the Contract Documents and these requirements shall be made a portion of the agreement between the CONTRACTOR and Subcontractor or Supplier. 6.4.4 The CONTRACTOR shall be fully responsible to the OWNER for all acts and omissions of the Subcontractors, Suppliers and other persons and organizations performing or furnishing any of the Work under a direct or indirect contract with the CONTRACTOR just as the CONTRACTOR is responsible for the CONTRACTOR's own acts and omissions. Nothing in the Contract Documents shall create for the benefit of any such Subcontractor, Supplier or other person or organization any contractual relationship between the OWNER and any such Subcontractor, Supplier or other person or organization, nor shall it create any obligation on the part of the OWNER or E/A to pay or to see to the payment of any amounts due any such Subcontractor, Supplier or other person or organization except as may otherwise be required by laws and regulations. 6.4.5 The CONTRACTOR shall be solely responsible for scheduling and coordinating the Work of Subcontractors, Suppliers and other persons and organizations performing or furnishing any of the Work under a direct or indirect contract with the CONTRACTOR. The CONTRACTOR shall require all Subcontractors, Suppliers and such other persons and organizations performing or furnishing any of the Work to communicate with Owner's Representative through the CONTRACTOR. 6.4.6 The divisions and sections of the Specifications and the identifications of any Drawings shall not control the CONTRACTOR in dividing or delineating the Work to be performed by any specific trade. 6.4.7 The CONTRACTOR shall pay each Subcontractor and Supplier their appropriate share of payments made to the CONTRACTOR not later than ten (10) Days after the CONTRACTOR's receipt of payment from the OWNER. 6.5 Patent Fees and Royalties: 6.5.1 The CONTRACTOR shall be responsible at all times for compliance with applicable patents or copyrights 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 attorney's 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, E/A's consultants and anyone directly or indirectly employed by any of them from and against all claims, costs, losses and damages (including court costs and reasonable attorneys' fees) arising out of or resulting from any claim or action, legal or equitable, brought by any such owner or occupant against the OWNER, E/A or any other party indemnified hereunder to the extent caused by or based upon performance of the Work or failure to perform the Work. 6.9.2 During the progress of the Work and on a daily basis, the CONTRACTOR shall keep the premises free from accumulations of waste materials, rubbish and other debris resulting from the Work. At the completion of the Work, the CONTRACTOR shall remove all waste materials, rubbish and debris from and about the premises as well as all tools, appliances, construction equipment and machinery and surplus materials. The CONTRACTOR shall leave the site clean and ready for occupancy by the OWNER at Substantial Completion of the Work. The CONTRACTOR shall, at a minimum, restore to original condition all property not designated for alteration by the Contact Documents. 6.9.3 The CONTRACTOR shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall the CONTRACTOR subject any part of the Work or adjacent property to stresses or pressures that will endanger it. 6.10 Record Documents: The CONTRACTOR shall maintain in a safe place at the site, or other location acceptable to the OWNER, one (1) record copy of all Drawings, Specifications,Addenda, Change Orders, Change Directives, Field Orders and written interpretations and clarifications (issued pursuant to paragraph 9.5) in good order and annotated to show all changes made during construction. These record documents, together with all final samples and all final Shop Drawings,will be available to the OWNER and E/A for reference during performance of the Work. Upon Substantial Completion of the Work, these record documents, samples and Shop Drawings showing the final "as built" construction of the Project shall be promptly delivered to Owner's Representative. 6.11 Safety and Protection: 6.11.1 The CONTRACTOR shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work. Upon request, and prior to installation of measures,the CONTRACTOR shall submit a site security and safety plan for approval by the OWNER. By reviewing the plan or making recommendations or comments, the OWNER will not assume liability nor will the CONTRACTOR be relieved of liability for damage, injury or loss. The CONTRACTOR shall take all necessary precautions for the safety of and shall provide the necessary protection to prevent damage, injury or loss to: .1 all persons on the Work site or who may be affected by the Work; .2 all the Work and materials and equipment to be incorporated therein, whether in storage on or off the site; and 00700 04-2020 Page 20 General Conditions .3 other property at the site or adjacent thereto, including but not limited to, trees, shrubs, lawns, walks, pavements, roadways, structures, utilities and underground facilities not designated for removal, relocation or replacement in the course of construction. 6.11.2 The CONTRACTOR shall comply with all applicable laws and regulations of any public body having jurisdiction for safety of persons or property or to protect them from damage, injury or loss; and shall erect and maintain all necessary safeguards for such safety and protection. The CONTRACTOR shall notify owners of adjacent property and of underground facilities, and utility owners when prosecution of the Work may affect them, and shall cooperate with them in the protection, removal, relocation and replacement of their property. All damage, injury or loss to any property referred to in paragraph 6.11.1.2 and paragraph 6.11.1.3 caused, directly or indirectly, in whole or in part, by the CONTRACTOR, Subcontractor, Supplier or any person or organization directly or indirectly employed by any of them to perform or furnish any of the Work or anyone for whose acts any of them may be responsible, shall be remedied by the CONTRACTOR (except damage or loss attributable to the fault of Drawings or Specifications or to the acts or omissions of the OWNER, or E/A, or E/A's consultant or anyone employed by any of them or anyone for whose acts any of them may be responsible, and not attributable, directly or indirectly, in whole or in part, to the faults or negligence of the CONTRACTOR or any Subcontractor, Supplier or other person or organization directly or indirectly employed by any of them). The CONTRACTOR's duties and responsibilities for safety and protection of the Work shall continue until such time as all the Work is completed and Owner's Representative has issued a notice to the OWNER and the CONTRACTOR in accordance with Article 14 that the Work is acceptable (except as otherwise expressly provided in connection with Substantial Completion). 6.11.3 Safety Representative: The CONTRACTOR shall designate a qualified and experienced safety representative at the site whose duties and responsibilities shall be the prevention of accidents and the maintaining and supervising of safety precautions and programs. Upon request of the OWNER, the CONTRACTOR shall provide certifications or other documentation of the safety representative's qualifications. At a minimum, the safety representative shall have received the OSHA thirty (30) hour training and a certificate evidencing that the safety representative has received such training within the last five (5) years shall be provided to the OWNER's representative. 6.11.4 Hazard Communication Programs: The CONTRACTOR shall be responsible for coordinating any exchange of material safety data sheets or other hazard communication information required to be made available to or exchanged between or among employers at the site in accordance with laws and regulations. 6.11.5 Emergencies: 6.11.5.1 In emergencies affecting the safety or protection of persons or the Work at the site or adjacent thereto, the CONTRACTOR, without special instruction or authorization from the OWNER or E/A, is obligated to act reasonably to prevent threatened damage, injury or loss and to mitigate damage or loss to the Work. The CONTRACTOR shall give Owner's Representative prompt written notice if the CONTRACTOR believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby. If Owner's Representative determines that a change in the Contract Documents is required because of the action taken by the CONTRACTOR in response to such an emergency, a Change Directive or Change Orderwill be issued to document the consequences of such action; otherwise the OWNER will not be responsible for the CONTRACTOR's emergency action. 6.11.5.2 Authorized agents of the CONTRACTOR shall respond immediately to call-out at any time of any day or night when circumstances warrant the presence on Project site of the CONTRACTOR or its agent to protect the Work or adjacent property from damage, restriction or limitation or to take such action or measures pertaining to the Work as may be necessary to provide for the safety of the public. Should the CONTRACTOR and/or its agent fail to respond and take action to alleviate such an emergency situation, the OWNER may direct other forces to take action as necessary to remedy the emergency condition, and the OWNER will deduct any cost of such remedial action from the funds due to the CONTRACTOR under this Contract. 6.11.5.3 In the event there is an accident involving injury to any individual on or near the Work, the CONTRACTOR shall notify Owner's Representative within twenty-four (24) hours of the event and shall be responsible for recording the location of the event and the circumstances surrounding the event through 00700 04-2020 Page 21 General Conditions photographs, interviewing witnesses, obtaining medical reports and other documentation that describes the event. Copies of such documentation shall be provided to Owner's Representative, for the OWNER's and E/A's records, within forty-eight(48) hours of the event. 6.12 Continuing the Work: The CONTRACTOR shall carry on the Work and adhere to the progress schedule during all disputes or disagreements with the OWNER. No Work shall be delayed or postponed pending resolution of any disputes or disagreements, except as the OWNER and the CONTRACTOR may agree in writing. 6.13 CONTRACTOR's General Warranty and Guarantee: 6.13.1 The CONTRACTOR warrants and guarantees to the OWNER that all Work will be performed in a good and workmanlike manner in accordance with the Contract Documents and will not be defective. The CONTRACTOR's warranty and guarantee hereunder excludes defects or damage caused by: .1 abuse, modification or improper maintenance or operation by persons other than the CONTRACTOR, Subcontractors or Suppliers; or .2 normal wear and tear under normal usage. 6.13.2 The CONTRACTOR's obligation to perform and complete the Work in a good and workmanlike manner in accordance with the Contract Documents shall be absolute. None of the following will constitute acceptance of Work not in accordance with the Contract Documents or a release of the CONTRACTOR's obligation to perform the Work in accordance with the Contract Documents: .1 observations by Owner's Representative and/or E/A; .2 recommendation of any progress or final payment by Owner's Representative; .3 the issuance of a certificate of Substantial Completion or any payment by the OWNER to the CONTRACTOR under the Contract Documents; .4 use or occupancy of the Work or any part thereof by the OWNER; .5 any acceptance by the OWNER or any failure to do so; .6 any review of a Shop Drawing or sample submittal; .7 any inspection, test or approval by others; or .8 any correction of defective Work by the OWNER. .9 the failure of the OWNER, E/A or any other person or entity acting on behalf of the OWNER or E/A to observe, detect or discover any defect in the Work or any non-conformance of the Work with any requirement of the Contract Documents. CONTRACTOR hereby waives any claim or defense to any claim by the OWNER that any failure by the OWNER, E/A, or any other person or entity acting on behalf of the OWNER or E/A to observe, detect or discover any defect in the Work relieves or releases, in whole or in part, CONTRACTOR from any obligations or responsibility for the correction of such defects or any other obligation of CONTRACTOR under the Contract Documents. 6.14 Indemnification: 00700 04-2020 Page 22 General Conditions 6.14.1 TO THE FULLEST EXTENT PERMITTED BY LAW,AND IN ADDITION TO ANY OTHER OBLIGATIONS OF CONTRACTOR UNDER THE CONTRACT OR OTHERWISE, CONTRACTOR SHALL INDEMNIFY, DEFEND AND HOLD HARMLESS OWNER, ITS COUNCIL MEMBERS , EMPLOYEES, AGENTS, AND CONSULTANTS INCLUDING, BUT NOT LIMITED TO THE E/A (THE "INDEMNIFIED PARTIES" OR INDEMNIFIED PARTY", FROM AND AGAINST ALL CLAIMS, COSTS, LOSSES, AND DAMAGES (INCLUDING BUT NOT LIMITED TO ALL FEES AND CHARGES OF ENGINEERS, ARCHITECTS, ATTORNEYS, CONSULTANTS, EXPERTS AND OTHER PROFESSIONALS AND ALL COURT OR ARBITRATION OR OTHER DISPUTE RESOLUTION COSTS) ARISING OUT OF OR RELATING TO THE PERFORMANCE OF THE WORK, REGARDLESS OF WHETHER SUCH CLAIMS, COSTS, LOSSES, AND DAMAGES ARE CAUSED, IN WHOLE OR IN PARTY BY THE ACTS, ACTIONS, ERRORS OR OMISSIONS OF AN INDEMNIFIED PARTY. BECAUSE OWNER IS A MUNICIPALITY,THE TERMS AND PROVISIONS OF SUBCHAPTER C OF CHAPTER 151 OF THE TEXAS INSURANCE CODE ("CHAPTER 151") DOES NOT APPLY TO THE OWNER. IF, HOWEVER, ANY PROVISION OF CHAPTER 151 APPLIES TO THE OWNER, IT IS THE INTENT OF THE OWNER THAT IF THE PROVISIONS OF CHAPTER 151 DO APPLY, NOTHING HEREIN SHALL IMPOSE ANY REQUIREMENTS ON CONTRACTOR THAT ARE PROHIBITED BY CHAPTER 151 AND THAT ANY OF THE PROVISIONS HEREOF THAT ARE NOT PROHIBITED BY CHAPTER 151 SHALL REMAIN IN FULL FORCE AND EFFECT. ACCORDINGLY, IN THE EVENT THAT IN CONSTRUING AND INTERPRETING THE CONTRACT DOCUMENTS, A COURT OF COMPETENT JURISDICTION OR, IF APPLICABLE, AN ARBITRATOR, DETERMINES THAT CHAPTER 151 APPLIES TO THE OWNER, THEN THE COURT OR ARBITRATOR SHALL REFORM THE PROVISIONS HEREOF SO AS TO COMPLY WITH CHAPTER 151 AND SUCH REFORMATION SHALL NOT AFFECT THE VALIDITY OF ANY PROVISIONS HEREOF THAT ARE NOT PROHIBITED BY CHAPTER 151. 6.14.2 The indemnification obligation under paragraph 6.14.1 shall not be limited in any way by any limitation on the amount or type of damages, or compensation or benefits payable by or for the CONTRACTOR or any such Subcontractor, Supplier or other person or organization under workers'compensation acts, disability benefit acts or other employee benefit acts. 6.14.3 The obligations of the CONTRACTOR under paragraph 6.14.1 shall not extend to the liability of the OWNER, E/A, E/A's consultants, and their officers, directors, partners, employees or agents caused primarily by negligent preparation of maps, drawings, surveys, designs or specifications upon which is placed the applicable state-authorized design professional seal of the OWNER's, E/A's or E/A's consultant's officers, directors, partners, employees or agents. 6.14.4 In the event the CONTRACTOR fails to follow the OWNER's directives concerning use of the site, scheduling or course of construction, or engages in other conduct which proximately causes damage to property based on inverse condemnation or otherwise, then and in that event, the CONTRACTOR shall indemnify the OWNER against all costs resulting from such claims. 6.14.5 In the event the CONTRACTOR unreasonably delays progress of the work being done by others on the site so as to cause loss for which the OWNER becomes liable, then the CONTRACTOR shall reimburse the OWNER for such loss. 6.15 Survival of Obligations: All representations, indemnifications, warranties and guarantees made in, required by or given in accordance with the Contract Documents, as well as all continuing obligations indicated in the Contract Documents, will survive final payment, completion and acceptance of the Work and termination or completion of the Agreement. 6.16 Losses from Natural Causes: Unless otherwise specified, all loss or damage to the CONTRACTOR arising out of the nature of the Work to be done or from action of the elements,floods or from unforeseeable circumstances in prosecution of the Work or from 00700 04-2020 Page 23 General Conditions unusual obstructions or difficulties which may be encountered in prosecution of the Work, shall be sustained and borne by the CONTRACTOR at its own cost and expense. 6.17 Notice of Claim: Should the CONTRACTOR suffer injury or damage to person or property because of any error, omission or act of the OWNER or of any of the OWNER's employees or agents or others for whose acts the OWNER is liable, a Claim will be made to the other party within thirty (30) calendar days of the event giving rise to such injury or damage. The provisions of this paragraph 6.17 shall not be construed as a substitute for or a waiver of the provisions of any applicable statute of limitations, statute of repose, or any other provision of the Contract Documents. 6.18 Liquidated Damages: At set forth in the Agreement, paragraph 1.2,the CONTRACTOR or its Surety shall be liable for Liquidated Damages for the CONTRACTOR's failure to timely complete the Work or any portion thereof within the Contract Time. See Supplemental Conditions for amount of Liquidated Damages. ARTICLE 7-OTHER WORK 7.1 The OWNER may perform other work related to the Project at the site by the OWNER's own forces, or let other contracts therefor, or have other work performed by utility owners. If the CONTRACTOR believes that delay or additional cost is involved because of such action by the OWNER, the CONTRACTOR may make a Claim as provided in Article 11 or Article 12. 7.2 The CONTRACTOR shall afford other contractors who are in a contract with the OWNER and each utility owner (and the OWNER, if the OWNER is performing the additional work with the OWNER's employees) proper and safe access to the site and a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such other work and shall properly connect and coordinate the Work with theirs. Unless otherwise provided in the Contract Documents, the CONTRACTOR shall do all cutting, fitting and patching of the Work that may be required to make its several parts come together properly and integrate with such other work. The CONTRACTOR shall not endanger any work of others by cutting, excavating or otherwise altering their work and will only cut or alter their work with the written consent of Owner's Representative and the other contractors whose work will be affected. The CONTRACTOR shall promptly remedy damage caused by the CONTRACTOR to completed or partially completed construction or to property of the OWNER or separate contractors. 7.3 If the proper execution or results of any part of the CONTRACTOR's Work depends upon work performed by others under this Article 7, the CONTRACTOR shall inspect such other work and promptly report to Owner's Representative in writing any delays, defects or deficiencies in such other work that render it unavailable or unsuitable for the proper execution and results of the CONTRACTOR's Work. The CONTRACTOR's failure to report will constitute an acceptance of such other work as fit and proper for integration with the CONTRACTOR's Work except for latent or non-apparent defects and deficiencies in such other work. 7.4 The OWNER shall provide for coordination of the activities of the OWNER's own forces and of each separate contractor with the Work of the CONTRACTOR, who shall cooperate with them. The CONTRACTOR shall participate with other separate contractors and Owner's Representative in reviewing their construction schedules when directed to do so. The CONTRACTOR shall make any revisions to the construction schedule deemed necessary after a joint review and mutual agreement. The construction schedules shall then constitute the schedules to be used by the CONTRACTOR, separate contractors and the OWNER until subsequently revised. 7.5 Unless otherwise stated herein, costs caused by delays or by improperly timed activities or defective construction shall be borne by the party responsible therefor. 7.6 If CONTRACTOR damages, delays, disrupts or interferes with the work of any other contractor, or any utility owner performing other work at or adjacent to the site of the Project, through CONTRACTOR's failure to take reasonable and customary measures to avoid such impacts, or if any claim arising out of CONTRACTOR's actions, 00700 04-2020 Page 24 General Conditions inactions or negligence in performance of the Work at or adjacent to the site of the Project is made by any such other contractor or utility owner against CONTRACTOR, OWNER, or E/A, then CONTRACTOR shall (1) promptly attempt to settle the claim as to all parties through negotiations with such other contractor or utility owner, or otherwise resolve the claim by arbitration or other dispute resolution proceeding or at law,and (2)INDEMNIFY AND HOLD HARMLESS THE INDEMNIFIED PARTIES, INCLUDING, BUT NOT LIMITED TO THE E/A FROM AND AGAINST ANY SUCH CLAIMS,AND AGAINST ALL COSTS, LOSSES,AND DAMAGES(INCLUDING BUT NOT LIMITED TO ALL FEES AND CHARGES OF ENGINEERS, ARCHITECTS, ATTORNEYS, AND OTHER PROFESSIONALS AND ALL COURT OR ARBITRATION OR OTHER DISPUTE RESOLUTION COSTS) ARISING OUT OF OR RELATING TO SUCH DAMAGE, DELAY, DISRUPTION, OR INTERFERENCE. ARTICLE 8 -OWNER'S RESPONSIBILITIES 8.1 Prior to the start of construction, the OWNER will designate in writing a person or entity to act as Owner's Representative during construction. Except as otherwise provided in these General Conditions, the OWNER shall issue all communications to the CONTRACTOR through Owner's Representative. 8.2 The OWNER will not supervise, direct, control or have authority over or be responsible for the CONTRACTOR's means, methods, techniques, sequences or procedures of construction or the safety precautions and programs incident thereto. The OWNER is not responsible for any failure of the CONTRACTOR to comply with laws and regulations applicable to furnishing or performing the Work. The OWNER is not responsible for the CONTRACTOR's failure to perform or furnish the Work in accordance with the Contract Documents. Failure or omission of the OWNER to discover, or object to or condemn any defective Work or material shall not release the CONTRACTOR from the obligation to properly and fully perform the Contract. 8.3 The OWNER is not responsible for the acts or omissions of the CONTRACTOR, or of any Subcontractor, any Supplier, or of any other person or organization performing or furnishing any of the Work. 8.4 Information or services under the OWNER's control shall be furnished by the OWNER with reasonable promptness to avoid delay in the orderly progress of the Work. 8.5 The foregoing are in addition to other duties and responsibilities of the OWNER enumerated herein and especially those in respect to Article 4 (Availability of Lands; Subsurface and Physical Conditions; Reference Points), Article 7 (Other Work)and Article 14 (Payments to the CONTRACTOR and Completion). 8.6 Notice of Claim: Should the OWNER suffer injury or damage to person or property because of any error, omission or act of the CONTRACTOR or of any of the CONTRACTOR's employees or agents or others for whose acts the CONTRACTOR is liable, a notice of such injury or damage will be sent to the CONTRACTOR within thirty (30) calendar days of the event giving rise to such injury or damage. The provisions of this paragraph 8.6 shall not be construed as a substitute for or a waiver of the provisions of any applicable statute of limitations or statute of repose. 8.7 The OWNER is not responsible for the CONTRACTOR's failure to perform or furnish the Work in accordance with the Contract Documents. The failure or omission of the OWNER, E/A or any other person or entity acting on behalf of the OWNER or the E/A to observe, detect, discover, or object to or condemn any defective Work or material shall not release the CONTRACTOR from CONTRACTOR's obligation to properly and fully perform the Work pursuant to the Contract Documents. The OWNER shall not be responsible for the acts, errors or omissions of the CONTRACTOR, or any Subcontractor, Supplier or any other person or entity performing or furnishing any of the Work on behalf of the CONTRACTOR. ARTICLE 9- ENGINEER/ARCHITECT'S STATUS DURING CONSTRUCTION 9.1 E/A's Authority and Responsibilities: 9.1.1 The duties and responsibilities and the limitations of authority of E/A during construction are set forth in the Contract Documents and shall not be extended without written consent of the OWNER and E/A. The assignment 00700 04-2020 Page 25 General Conditions of any authority, duties or responsibilities to E/A under the Contract Documents, or under any agreement between the OWNER and E/A, or any undertaking, exercise or performance thereof by E/A, is intended to be for the sole and exclusive benefit of the OWNER and is not for the benefit of the CONTRACTOR, Subcontractor, Sub- subcontractor, Supplier, or any other person or organization, or for any surety or employee or agent of any of them. 9.1.2 E/A will not supervise, direct, control or have authority over or be responsible for the CONTRACTOR's means, methods, techniques, sequences or procedures of construction, or the safety precautions and programs incident thereto. E/A is not responsible for any failure of the CONTRACTOR to comply with laws and regulations applicable to the furnishing or performing the Work. E/A is not responsible for the CONTRACTOR's failure to perform or furnish the Work in accordance with the Contract Documents. Failure or omission of E/A to discover, or object to or condemn any defective Work or material shall not release the CONTRACTOR from the obligation to properly and fully perform the Work. 9.1.3 E/A is not responsible for the acts or omissions of the CONTRACTOR, or of any Subcontractor, any Supplier, or of any other person or organization performing or furnishing any of the Work. 9.1.4 If the OWNER so directs, E/A will review the final Application for Payment and accompanying documentation and all maintenance and operating instructions, schedules, guarantees, bonds and certificates of inspection,tests and approvals and other documentation required to be delivered by Article 14, but only to determine generally that their content complies with the requirements of, and in the case of certificates of inspections, tests and approvals that the results certified indicate compliance with, the Contract Documents. 9.1.5 The limitations upon authority and responsibility set forth in this paragraph 9.1 shall also apply to E/A's Consultants, Resident Project Representative and assistants. 9.2 E/A as Owner's Representative: 9.2.1 E/A may be designated as Owner's Representative under paragraph 8.1. 9.3 Visits to Site: If the OWNER so directs, E/A will make visits to the site at intervals appropriate to the various stages of construction as is necessary in order to observe as an experienced and qualified design professional the progress that has been made and the quality of the various aspects of the CONTRACTOR's executed Work. Based on information obtained during such visits and observations, E/A will endeavor for the benefit of the OWNER to determine if the Work is proceeding in accordance with the Contract Documents. E/A will not be required to make exhaustive or continuous on-site inspections to check the quality or quantity of the Work. E/A's efforts will be directed toward providing for the OWNER a greater degree of confidence that the completed Work will conform to the Contract Documents. On the basis of such visits and on-site observations, E/A will keep the OWNER informed of the progress of the Work and will endeavor to guard the OWNER against defective Work. E/A's visits and on-site observations are subject to all the limitations on E/A's authority and responsibility set forth in paragraph 9.1. 9.4 Project Representative: If the OWNER and E/A agree, E/A will furnish a Resident Project Representative to assist E/A in providing more continuous observation of the Work. The responsibilities and authority and limitations of any such Resident Project Representative and assistants will be as provided in paragraph 9.1 and in the Supplemental General Conditions. The OWNER may designate another representative or agent to represent the OWNER at the site who is not E/A, E/A's consultant, agent or employee. 9.5 Clarifications and Interpretations: E/A may determine that written clarifications or interpretations of the requirements of the Contract Documents (in the form of drawings or otherwise) are necessary. Such written clarifications or interpretations will be consistent with the intent of and reasonably inferable from the Contract Documents,will be issued with reasonable promptness by Owner's Representative and will be binding on the OWNER and the CONTRACTOR. If the OWNER or the 00700 04-2020 Page 26 General Conditions CONTRACTOR believes that a written clarification or interpretation justifies an adjustment in the Contract Amount or the Contract Times, the OWNER or the CONTRACTOR may make a Claim therefor as provided in Article 11 or Article 12. 9.6 Rejecting Defective Work: E/A may recommend that the OWNER disapprove or reject Work which E/A believes to be defective, or believes will not produce a completed Project that conforms to the Contract Documents or will prejudice the integrity of the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. ARTICLE 10 -CHANGES IN THE WORK 10.1 Changes: 10.1.1 Without invalidating the Contract and without notice to any surety, the OWNER, at anytime or from time to time, may order additions, deletions or revisions in the Work. Such changes in the Work will be authorized by Change Order, Change Directive or Field Order. 10.1.2 Changes in the Work shall be performed under applicable provisions of the Contract Documents, and the CONTRACTOR shall proceed promptly, unless otherwise provided in the Change Order, Change Directive or Field Order. 10.1.3 The CONTRACTOR shall not be entitled to an increase in the Contract Amount or an extension of the Contract Times with respect to any Work performed that is not required by the Contract Documents as amended, modified and supplemented as provided in paragraph 3.3.1 and paragraph 3.3.2, except in the case of an emergency as provided in paragraph 6.11.5 or in the case of uncovering Work as provided in paragraph 13.4. 10.1.4 Except in the case of an emergency as provided in paragraph 6.11.5, a Change Order or Change Directive is required before the CONTRACTOR commences any activities associated with a change in the Work which, in the CONTRACTOR's opinion, will result in a change in the Contract Amount and/or Contract Times. 10.1.5 If notice of any change affecting the general scope of the Work or the provisions of the Contract Documents (including, but not limited to, Contract Amount or Contract Times) is required by the provisions of any Bond to be given to a surety, the giving of any such notice will be the CONTRACTOR's responsibility, and the amount of each applicable Bond will be adjusted accordingly. 10.2 Change Orders: 10.2.1 The OWNER and the CONTRACTOR shall execute appropriate written Change Orders covering: .1 a change in the Work; .2 the amount of the adjustment in the Contract Amount, if any; and .3 the extent of the adjustment in the Contract Time, if any. 10.2.2 An executed Change Order shall represent the complete, equitable, and final amount of adjustment in the Contract Amount and/or Contract Time owed to the CONTRACTOR or the OWNER as a result of the occurrence or event causing the change in the Work encompassed by the Change Order. 10.3 Change Directives: 10.3.1 The OWNER may by written Change Directive,without invalidating the Contract, order changes in the Work within the general scope of the Contract consisting of additions, deletions or other revisions, the Contract Amount 00700 04-2020 Page 27 General Conditions and Contract Time being adjusted as necessary. A Change Directive shall be used in the absence of complete and prompt agreement on the terms of a Change Order. 10.3.2 If the Change Directive provides for an adjustment to the Contract Amount, the adjustment shall be based on the method provided for in paragraph 11.5. 10.3.3 A Change Directive shall be recorded later by preparation and execution of an appropriate Change Order. 10.3.4 Upon receipt of a Change Directive, CONTRACTOR shall promptly proceed with the change in the Work involved. 10.4 Field Order: 10.4.1 Owner's Representative may authorize minor variations in the Work from the requirements of the Contract Documents which do not involve an adjustment in the Contract Amount or the Contract Times and are compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. These shall be accomplished by written Field Order and shall be binding on the OWNER and on the CONTRACTOR who shall perform the Work involved promptly. 10.4.2 If the CONTRACTOR believes that a Field Order would require an adjustment in the Contract Amount and/or Contract Times, the CONTRACTOR shall make written request to Owner's Representative for a Change Order. Any request by the CONTRACTOR for an adjustment in Contract Amount and/or Contract Times shall be made in writing prior to beginning the work covered by the Field Order. 10.5 No Damages for Delay: Except as otherwise provided in the Contract Documents, the CONTRACTOR shall receive no compensation for delays or hindrances to the Work. If delay is caused by specific orders given by the OWNER to stop Work for reasons for which the CONTRACTOR is not responsible, or such delay is not caused by active interference in the Work by OWNER for reasons for which the CONTRACTOR is not responsible, then such delay will entitle the CONTRACTOR only to an equivalent extension of time, the CONTRACTOR's application for which shall, however, be subject to approval of the OWNER. No such extension of time shall release the CONTRACTOR or surety on its performance bond from all the CONTRACTOR's obligations hereunder which shall remain in full force until discharge of the Contract. ARTICLE 11 -CHANGE OF CONTRACT AMOUNT 11.1 The Contract Amount is stated in the Agreement and, including authorized adjustments, is the total amount payable by the OWNER to the CONTRACTOR for performance of the Work under the Contract Documents. 11.2 The original Contract Amount may not be increased by more than twenty-five percent(25%)and it may not be decreased more than twenty-five percent(25%)without the consent of the CONTRACTOR to such decrease. 11.3 The Contract Amount shall only be changed by a Change Order. Any claim for an adjustment in the Contract Amount shall be made by Written Notice delivered by the party making the Claim to the other party promptly (but in no event later than thirty(30)calendar days)after the start of the occurrence or event giving rise to the Claim and stating the general nature of the Claim. Notice of the amount of the Claim with supporting data shall be delivered within thirty(30) calendar days after Written Notice of Claim is delivered by claimant, and shall represent that the adjustment claimed covers all known amounts to which claimant is entitled as a result of said occurrence or event. If the OWNER and the CONTRACTOR cannot otherwise agree, all Claims for adjustment in the Contract Amount shall be determined as set out in Article 16. 11.4 Determination of Value of Work: 00700 04-2020 Page 28 General Conditions 11.4.1 The value of any Work covered by a Change Order or of any Claim for an adjustment in the Contract Amount will be determined by one or more of the following methods: .1 by application of unit prices contained in the Contract Documents to the quantities of the items involved. .2 by a mutually agreed lump sum properly itemized and supported by sufficient substantiating data to permit evaluation. .3 by cost of Work plus the CONTRACTOR's fee for all overhead costs and profit(determined as provided in paragraph 11.5). 11.4.2 Before using the method described in paragraph 11.4.1.3, the OWNER and the CONTRACTOR agree to negotiate a Change Order using the methods identified in paragraph 11.4.1.1 and paragraph 11.4.1.2, as appropriate, to determine the adjustment in the Contract Amount. 11.5 Cost of Work: If neither of the methods defined in paragraph 11.4.1.1 or paragraph 11.4.1.2 can be agreed upon before a change in the Work is commenced which will result in an adjustment in the Contract Amount, the OWNER may issue a Change Directive to the CONTRACTOR. If the OWNER elects to issue a Change Directive, CONTRACTOR shall perform the Changed Work and payment will be made as follows: .1 For all personnel, the CONTRACTOR will receive the rate or wage specified in the prevailing wage rates established in Section 00900 for each hour that said personnel are actually engaged in such Work, to which will be added an amount equal to twenty-five percent (25%) of the sum thereof as compensation for the CONTRACTOR's and any affected Subcontractor's total overhead and profit. No separate charge will be made by the CONTRACTOR for organization or overhead expenses. For the cost of premiums on public liability insurance, workers' compensation insurance, social security and unemployment insurance, an amount equal to fifty-five percent (55%) of the wages paid personnel, excluding the twenty-five(25%)compensation provided above, will be paid to the CONTRACTOR. The actual cost of the CONTRACTOR's bond(s) on the extra Work will be paid based on invoices from surety. No charge for superintendence will be made unless considered necessary and ordered by the OWNER. .2 The CONTRACTOR will receive the actual cost, including freight charges, of the materials used on such Work, to which costs will be added a sum equal to twenty-five percent (25%) thereof as compensation for the CONTRACTOR's and any affected Subcontractor's total overhead and profit. In case material invoices indicate a discount may be taken, the actual cost will be the invoice price minus the discount. .3 For machinery, trucks, power tools, or other similar equipment agreed to be necessary by the OWNER and the CONTRACTOR, the OWNER will allow the CONTRACTOR the rate as given in the latest edition of the Associated General Contractors of America "Contractor's Equipment Cost Guide" as published by Dataquest for each hour that said tools or equipment are in use on such work, which rate includes the cost of fuel, lubricants and repairs. No additional compensation will be allowed on the equipment for the CONTRACTOR's overhead and profit. .4 The compensation, as herein provided for, shall be received by the CONTRACTOR and any affected Subcontractor as payment in full for work done by Change Directive and will include use of small tools, and total overhead expense and profit. The CONTRACTOR and the Owner's Representative shall compare records of work done by Change Directive at the end of each day. Copies of these records will be made upon forms provided for this purpose by the OWNER and signed by both Owner's Representative and the CONTRACTOR, with one (1) copy being retained by the OWNER and one (1) by the CONTRACTOR. Refusal by the CONTRACTOR to sign these records within two (2) working days of presentation does not invalidate the accuracy of the record. 00700 04-2020 Page 29 General Conditions 11.6 Unit Price Work: 11.6.1 Where the Contract Documents provide that all or part of the Work is to be unit price Work, initially the Contract Amount will be deemed to include for all unit price work an amount equal to the sum of the established unit price for each separately identified item of unit price work times the estimated quantity of each item as indicated in the Bid. The estimated quantities of items of unit price work are not guaranteed and are solely for the purpose of comparison of Bids and determining an initial Contract Amount. Determinations of the actual quantities and classifications of unit price work performed by the CONTRACTOR will be made by Owner's Representative. Owner's Representative will review with the CONTRACTOR the preliminary determinations on such matters before rendering a written decision thereon (by recommendation of an Application for Payment or otherwise). 11.6.2 When "plan quantity" is indicated for a bid item, the CONTRACTOR shall be paid the amount specified in the Contract Documents without any measurements. 11.6.3 Each unit price will be deemed to include an amount considered by the CONTRACTOR to be adequate to cover the CONTRACTOR's overhead and profit for each separately identified item. 11.6.4 A Major Item is any individual bid item in the Bid that has a total cost equal to or greater than five percent (5%) of the original Contract Amount or $50,000, whichever is greater, computed on the basis of bid quantities and Contract unit prices. 11.6.5 The OWNER or the CONTRACTOR may make a Claim for an adjustment in the Contract Amount in accordance with Article 11 if: .1 the actual quantity of any Major Item should become as much as twenty percent (20%) more than or twenty percent(20%) less than in the Bid; or .2 The CONTRACTOR presents proper documentation contesting the accuracy of "plan quantity," and Owner's Representative verifies quantity and determines original quantity is in error by five percent (5%)or more. 11.6.6 Right to Verify Information: The CONTRACTOR agrees that any designated representative of the OWNER shall have the right to examine the CONTRACTOR's records to verify the accuracy and appropriateness of the pricing data used to price change proposals. Even after a Change Order Proposal has been approved, the CONTRACTOR agrees that if the OWNER later determines the cost and pricing data submitted was inaccurate, incomplete, not current or not in compliance with the terms of this Agreement regarding pricing of change orders, then an appropriate contract price reduction will be made. 11.6.7 Pricing Information Requirements: The CONTRACTOR agrees to provide and require all subcontractors to provide a breakdown of allowable labor and labor burden cost information as outlined herein. This information will be used to evaluate the potential cost of labor and labor burden related to change order work. It is intended that this information represent an accurate estimate of the CONTRACTOR's actual labor and labor burden cost components. This information is not intended to establish fixed billing or change order pricing labor rates. However, at the time change orders are priced the submitted cost data for labor rates may be used to price change order work. The accuracy of any such agreed-upon labor cost components used to price change orders will be subject to later audit. Approved change order amounts may be adjusted later to correct the impact of inaccurate labor cost components if the agreed-upon labor cost components are determined to be inaccurate. ARTICLE 12 -CHANGE OF CONTRACT TIMES 12.1 Working Day and Calendar Day Contracts: 12.1.1 The Contract Times (or Milestones) shall only be changed by Change Order or Time Extension Request duly executed by both the CONTRACTOR and Owner's Representative. Any claim for an adjustment of the Contract Times(or Milestones)shall be made by Written Notice delivered by the party making the Claim to the other 00700 04-2020 Page 30 General Conditions party promptly (but in no event later than thirty (30) calendar days) after the start of the occurrence or event giving rise to the delay and stating the general nature of the delay. Notice of the extent of the delay with supporting data shall be delivered within thirty (30) calendar days after Written Notice of Claim is delivered by claimant, and shall represent that the adjustment claimed is the entire adjustment to which claimant is entitled as a result of said occurrence or event. If the OWNER and the CONTRACTOR cannot otherwise agree, all Claims for adjustment in the Contract Times (or Milestones) shall be determined as set out in Article 16. No Claim for an adjustment in the Contract Times (or Milestones)will be valid if not submitted in accordance with the requirements of this paragraph. 12.1.2 When the CONTRACTOR is at fault and the OWNER stops the Work so that corrections in the Work can be made by the CONTRACTOR, then no extension in time will be allowed. 12.1.3 When the CONTRACTOR is prevented from completing any part of the Work within the Contract Times (or Milestones) due to delay for which the CONTRACTOR is not responsible, an extension of the Contract Times (or Milestones) in an amount equal to the time lost due to such delay will be considered by OWNER. Any extension of the Contract Time shall be the CONTRACTOR's sole and exclusive remedy for such delay. However, adverse weather shall not be considered justification for extension of Contract Times on Calendar Day contracts, except as provided for in paragraph 12.2. 12.1.4 The OWNER will consider time extension requests and may grant the CONTRACTOR an extension of time because of: .1 Changes ordered in the Work which justify additional time. .2 Failure of materials or products being at the Project site due to delays in transportation or failures of Suppliers,for which the CONTRACTOR, a Subcontractor or a Supplier is not responsible. The request for an extension of time shall be supported by a recitation of acts demonstrating that such delays were beyond the control of the CONTRACTOR, a Subcontractor or a Supplier including but not limited to, the CONTRACTOR's, the Subcontractor's or the Supplier's efforts to overcome such delays documented as follows: a) Copy of purchase order for delayed item(s) indicating date ordered by the CONTRACTOR/Subcontractor and date purchase order received by Supplier. b) If item(s) require Shop Drawings or other submittal information in accordance with the Contract Documents, provide record of date submittal(s) forwarded to Owner's Representative, date submittal(s) returned to the CONTRACTOR, and date submittal(s)forwarded to Supplier. c) Copy of document(s) from Supplier, on Supplier's letterhead, indicating date(s) item(s) would be ready for shipment and/or actual shipment date(s). d) Copies of all correspondence between the CONTRACTOR/Subcontractor and Supplier indicating the CONTRACTOR/ Subcontractor's efforts to expedite item(s). e) If item(s) are being purchased by a Subcontractor, provision of meeting notes, correspondence, and the like which reflect the CONTRACTOR's efforts with the Subcontractor to expedite delivery of the item(s). .3 When acts of the OWNER, E/A, utility owners or other contractors employed by the OWNER delay progress of work through no fault of the CONTRACTOR. .4 When the CONTRACTOR is delayed by strikes, lockouts, fires, losses from natural causes, or other unavoidable cause or causes beyond the CONTRACTOR's control. 12.2 Calendar Day Contracts: 00700 04-2020 Page 31 General Conditions Under a Calendar Day Contract, the CONTRACTOR may also be granted an extension of time because of unusual inclement weather that is beyond the normal weather expected for the Williamson and Travis Counties, Texas area. Normal weather which prevents the CONTRACTOR from performing Work is expected during a Calendar Day Contract, and is not a justification for an extension of time. The following delineates the number of days per month for which, for purposes of Calendar Day Contracts, expected normal weather will prevent performance of Work: January.......................... 7 days February........................ 7 days March............................. 7 days April............................... 7 days May................................ 8 days June................................ 6 days July................................. 6 days August........................... 5 days September..................... 7 days October.......................... 7 days 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 laboratories and governmental agencies having jurisdiction will have unrestricted physical access to the Work site for observing, inspecting and testing. The CONTRACTOR shall provide them proper and safe conditions for such access, and advise them of the CONTRACTOR's site safety procedures and programs so that they may comply therewith as applicable. 13.3 Tests and Inspections: 13.3.1 The CONTRACTOR shall give timely notice of readiness of the Work for all required inspections, tests or approvals, and shall cooperate with inspection and testing personnel to facilitate required inspections or tests. 13.3.2 The OWNER shall employ and pay for services of an independent testing laboratory to perform all inspections, tests or approvals required by the Contract Documents except: .1 for inspections, tests or approvals covered by paragraph 13.3.3 below; .2 for reinspecting or retesting defective Work; and .3 as otherwise specifically provided in the Contract Documents. All testing laboratories shall be those selected by the OWNER. 00700 04-2020 Page 32 General Conditions 13.3.3 If laws or regulations of any public body having jurisdiction require any Work (or part thereof)specifically to be inspected, tested or approved by an employee or other representative of such public body, the CONTRACTOR shall assume full responsibility for arranging and obtaining such inspections, tests or approvals, pay all costs in connection therewith and furnish Owner's Representative the required certificates of inspection or approval. The CONTRACTOR shall also be responsible for arranging and obtaining and shall pay all costs in connection with any inspections, tests or approvals required for the OWNER's and E/A's review of materials or equipment to be incorporated in the Work, or of materials, mix designs or equipment submitted for review prior to the CONTRACTOR's purchase thereof for incorporation in the Work. 13.4 Uncovering Work: 13.4.1 If any Work (or the work of others) that is to be inspected, tested or approved is covered by the CONTRACTOR without concurrence of Owner's Representative, or if any Work is covered contrary to the written request of Owner's Representative, it must, if requested by Owner's Representative, be uncovered and recovered at the CONTRACTOR's expense. 13.4.2 If Owner's Representative considers it necessary or advisable that covered Work be observed, inspected or tested, the CONTRACTOR shall uncover, expose or otherwise make available for observation, inspection or testing that portion of the Work in question, furnishing all necessary labor, material and equipment. If it is found that such Work is defective,the CONTRACTOR shall pay all claims, costs, losses and damages caused by, arising out of or resulting from such uncovering, exposure, observation, inspection and testing and of satisfactory replacement or reconstruction (including but not limited to all costs of repair or replacement of work of others); and the OWNER shall be entitled to an appropriate decrease in the Contract Amount, and may make a Claim therefor as provided in Article 11. If, however, such Work is not found to be defective, the CONTRACTOR shall be allowed an increase in the Contract Amount or an extension of the Contract Times (or Milestones), or both, directly attributable to such uncovering, exposure, observation, inspection, testing, replacement and reconstruction; and the CONTRACTOR may make a Claim therefor as provided in Article 11 and Article 12. 13.5 OWNER May Stop the Work: 13.5.1 If the Work is defective, or the CONTRACTOR fails to supply sufficient skilled workers or suitable materials or equipment, or fails to furnish or perform the Work in such a way that the completed Work will conform to the Contract Documents, the OWNER may order the CONTRACTOR to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, this right of the OWNER to stop the Work shall not give rise to any duty on the part of the OWNER to exercise this right for the benefit of the CONTRACTOR or any surety or other party. 13.5.2 If the CONTRACTOR fails to correct defective Work or submit a satisfactory plan to take corrective action, with procedure and time schedule, the OWNER may order the CONTRACTOR to stop the Work, or any portion thereof, until cause for such order has been eliminated,or take any other action permitted by this Contract. A notice to stop the Work, based on defects, shall not stop calendar or working days charged to the Project. 00700 04-2020 Page 33 General Conditions 13.6 Correction or Removal of Defective Work: If required by the OWNER,the CONTRACTOR shall promptly,as directed, either correct all defective Work,whether or not fabricated, installed or completed, or, if the Work has been rejected by Owner's Representative, remove it from the site and replace it with Work that is not defective.The CONTRACTOR shall correct or remove and replace defective Work, or submit a plan of action detailing how the deficiency will be corrected, within the time frame identified in the notice of defective Work. The CONTRACTOR shall pay all claims, costs, losses and damages caused by or resulting from such correction or removal (including but not limited to all costs of repair or replacement of work of others), including but not limited to all consultant, engineering, expert and attorney's fees incurred by the OWNER as a result of such defective work or as necessary for OWNER to investigate such defective Work and/or to determine the appropriate means or methods to address or correct such defective Work. The OWNER shall have the right, in OWNER's sole discretion, to have the E/A or other consultant specify the means and methods that will be followed to correct or address any defective Work. If the OWNER specifies a means or method by which the defective Work will be addressed or corrected, the CONTRACTOR shall perform the specified work necessary to address or correct the defective Work at CONTRACTOR's sole cost and expense. 13.7 Warranty period: 13.7.1 If, at any time after the date of Substantial Completion or such longer period of time as may be prescribed by laws or regulations or by the terms of any applicable special guarantee required by the Contract Documents or by any specific provision of the Contract Documents, any Work is found to be defective, the CONTRACTOR shall promptly, without cost to the OWNER and in accordance with the OWNER's written instructions: (i) correct such defective Work, or, if it has been rejected by the OWNER, remove it from the site and replace it with Work that is not defective, and (ii) satisfactorily correct or remove and replace any damage to other Work or the work of others resulting therefrom. If the CONTRACTOR does not promptly comply with the terms of such instructions, or in an emergency where delay would cause serious risk of loss or damage, the OWNER may have the defective Work corrected or the rejected Work removed and replaced, and all claims, costs, losses and damages caused by or resulting from such removal and replacement (including but not limited to all costs of repair or replacement of work of others and all consultant, expert and attorney's fees incurred by OWNER)will be paid by the CONTRACTOR. 13.7.2 In special circumstances where a particular item of equipment is placed in continuous service before Substantial Completion of all the Work, the warranty period for that item may start to run from an earlier date if so provided in the Contract Documents and agreed to by OWNER. 13.8 OWNER May Correct Defective Work: If the CONTRACTOR fails within a reasonable time after Written Notice of the OWNER to correct defective Work, or to remove and replace rejected Work, or if the CONTRACTOR fails to perform the Work in accordance with the Contract Documents, or if the CONTRACTOR fails to comply with any other provision of the Contract Documents, the OWNER may, after seven (7) calendar days' Written Notice to the CONTRACTOR, correct and remedy any such deficiency. If, in the opinion of Owner's Representative, significant progress has not been made during this seven (7)calendar day period to correct the deficiency,the OWNER may exercise any actions necessary to remedy the deficiency. In exercising the rights and remedies under this paragraph,the OWNER shall proceed expeditiously. In connection with such corrective and remedial action, the OWNER may exclude the CONTRACTOR from all or part of the site, take possession of all or part of the Work, and suspend the CONTRACTOR's services related thereto, and incorporate in the Work all materials and equipment stored at the site or for which the OWNER has paid the CONTRACTOR but which are stored elsewhere. The CONTRACTOR shall allow the OWNER, its agents and employees,the OWNER's other contractors, E/A and E/A's consultants access to the site to enable the OWNER to exercise the rights and remedies under this paragraph. All claims, costs, losses and damages incurred or sustained by the OWNER in exercising such rights and remedies will be charged against the CONTRACTOR and a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the 00700 04-2020 Page 34 General Conditions Work. Such claims, costs, losses and damages will include but not be limited to all costs of repair or replacement of work of others destroyed or damaged by correction, removal or replacement of the CONTRACTOR's defective Work and any and all consultant, expert and attorneys fees incurred by OWNER as a result of OWNER's correction of defective WORK. The CONTRACTOR shall not be allowed an extension of the Contract Times (or Milestones), or claims of damage because of any delay in the performance of the Work attributable to the exercise by the OWNER of the OWNER's rights and remedies hereunder. 13.9 ACCEPTANCE OF DEFECTIVE WORK If, instead of requiring correction or removal and replacement of defective Work, OWNER prefers to accept it, OWNER may do so. CONTRACTOR shall pay all claims, costs, losses, and damages attributable to OWNER's evaluation of and determination to accept such defective Work, including but not limited to any expert, engineering or other consultant's fees incurred by the OWNER to investigate such defective Work and/or to determine the appropriate means or methods and work necessary to allow OWNER to accept the defective Work and CONTRACTOR shall pay for all work required to be performed to allow OWNER to accept the defective Work and any estimated costs, expenses and damages OWNER may sustain in the future as a result of accepting the defective Work, including any diminution in value of the Project as a result of accepting the defective Work. If any such acceptance occurs prior to final payment, the necessary revisions in the Contract Documents with respect to the Work shall be incorporated in a Change Order. If the parties are unable to agree as to the decrease in the Contract Price, then OWNER may impose a reasonable set-off against payments due under the Contract Documents. If the acceptance of defective Work occurs after final payment, CONTRACTOR shall pay to OWNER the above described costs, expenses and damages incurred by OWNER as a result of OWNER's acceptance of defective Work. ARTICLE 14- PAYMENTS TO CONTRACTOR AND COMPLETION 14.1 Application for Progress Payment: 14.1.1 Not more than once per month, the CONTRACTOR shall submit to Owner's Representative for review an Application for Payment, in a form acceptable to the OWNER, filled out and signed by the CONTRACTOR covering the Work completed as of the date of the Application and accompanied by such supporting documentation as is required by the Contract Documents or as required by OWNER. 14.1.2 Such applications shall not include requests for payment on account of changes in the Work which have been properly authorized by Change Directives but not yet included in Change Orders. 14.1.3 Such applications shall not include requests for payment of amounts the CONTRACTOR does not intend to pay to a Subcontractor or Supplier because of a dispute or other reason. 14.1.4 Owner will not pay for materials or equipment not incorporated in the Work but delivered and suitably stored at the site or at another location. Payment will be made by Owner only for Work completed in accordance with the Contract Documents. 14.1.5 Where the original Contract Amount is less than $400,000, the OWNER will pay to the CONTRACTOR the total amount of approved Application for Payment, less ten percent(10%) of the amount thereof, which ten percent (10%)will be retained until final payment, less all previous payments and less all sums that may be retained by the OWNER under the terms of this Agreement. Where the original Contract Amount is$400,000 or more,the OWNER will pay to the CONTRACTOR the total amount of approved Application for Payment, less five percent (5%) of the amount thereof, which five percent (5%)will be retained until final payment, less all previous payments and less all sums that may be retained by the OWNER under the terms of this Agreement. In either case, if the Work is near completion and delay occurs due to no fault or neglect of the CONTRACTOR, the OWNER may pay a portion of the retained amount to the CONTRACTOR. The CONTRACTOR, at the OWNER's option, may be relieved of the obligation to complete the Work and, thereupon, the CONTRACTOR shall receive payment of the balance due under the Contract subject to the conditions stated under paragraph 15.2. 00700 04-2020 Page 35 General Conditions 14.1.6 Applications for Payment shall include the following documentation: .1 updated progress schedule; .2 monthly subcontractor report; and .3 any other documentation required under the Supplemental General Conditions. 14.2 CONTRACTOR's Warranty of Title: The CONTRACTOR warrants and guarantees that title to all Work, materials and equipment covered by any Application for Payment, whether incorporated in the Project or not, will pass to the OWNER not later than the time of payment to the CONTRACTOR free and clear of all liens. 14.3 Review of Applications for Progress Payment: 14.3.1 Owner's Representative will, within seven (7) calendar days after receipt of each Application for Payment, either indicate a recommendation for payment and forward the Application for processing by the OWNER, or return the Application to the CONTRACTOR indicating Owner's Representative's reasons for refusing to recommend payment. In the latter case,the CONTRACTOR may make the necessary corrections and resubmit the Application. 14.3.2 Owner's Representative's recommendation of any payment requested in an Application for Payment will constitute a representation by Owner's Representative, based upon Owner's Representative's on-site observations of the executed Work and on Owner's Representative's review of the Application for Payment and the accompanying data and schedules, that to the best of Owner's Representative's knowledge, information and belief: .1 the Work has progressed to the point indicated; and .2 the quality of the Work is in accordance with the Contract Documents (subject to an evaluation of the Work as a functioning whole prior to or upon Substantial Completion, to the results of any subsequent tests called for in the Contract Documents, to a final determination of quantities and classifications for unit price Work, and to any other qualifications stated in the recommendation). 14.3.3 By recommending any such payment, Owner's Representative will not thereby be deemed to have represented that: .1 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 maybe necessary on account of: .1 defective Work not remedied; 00700 04-2020 Page 36 General Conditions .2 reasonable evidence that the Work cannot be completed for the unpaid balance of the Contract Amount; .3 damage to the OWNER or another contractor; .4 reasonable evidence that the Work will not be completed within the Contract Time, and that the unpaid balance would not be adequate to cover actual or liquidated damages for the anticipated delay; .5 failure of the CONTRACTOR to submit a schedule of values in accordance with the Contract Documents; .6 failure of the CONTRACTOR to submit a submittal schedule in accordance with the Contract Documents; .7 failure of the CONTRACTOR to submit or update construction schedules in accordance with the Contract Documents; .8 failure of the CONTRACTOR to maintain a record of changes on drawings and documents; .9 failure of the CONTRACTOR to maintain weekly payroll reports; .10 failure of the CONTRACTOR to submit monthly subcontractor reports; .11 the CONTRACTOR's neglect or unsatisfactory prosecution of the Work, including failure to clean up; or .12 failure of the CONTRACTOR to comply with any provision of the Contract Documents. .13 OWNER's disagreement with the recommendation of the Owner's Representative, provided the OWNER has provided a Written Notice to the CONTRACTOR specifying the reasons why OWNER does not agree with such recommendation. 14.4.2 When the above reasons for withholding payment are removed, the CONTRACTOR shall resubmit a statement for the value of Work performed. Payment will be made within thirty (30) calendar days of receipt of approved Application for Payment. 14.5 Delayed Payments: Should the OWNER fail to make payment to the CONTRACTOR of a sum named in any Application for Payment with which OWNER agrees and has approved for payment within thirty (30) calendar days after the day on which the OWNER received the mutually acceptable Application for Payment, then the OWNER will pay to the CONTRACTOR, in addition to the sum shown as due by such Application for Payment, interest thereon at the rate of one percent (1%) per month from date due until fully paid, which shall fully liquidate any injury to the CONTRACTOR growing out of such delay in payment. 14.6 Arrears: No money shall be paid by the OWNER upon any claim, debt, demand or account whatsoever, to any person, firm or corporation who is in arrears to the OWNER; and the OWNER shall be entitled to counterclaim and offset against any such debt, claim, demand or account so in arrears and no assignment or transfer of such debt, claim, demand or account, shall affect the right of the OWNER to so offset said amounts, and associated penalties and interest if applicable, against the same. 00700 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 partially completed portion of the Work regardless of the time for completing the entire Work. The OWNER's exercise of such use and possession shall not be construed to mean that the OWNER acknowledges that any part of the Work so possessed and used is substantially complete or that it is accepted by OWNER, and the OWNER's exercise of such use and possession shall not relieve the CONTRACTOR of its responsibility to complete all Work in accordance with the Contract Documents. 14.9 Final Inspection: Upon Written Notice from the CONTRACTOR that the entire Work or an agreed portion thereof is complete, Owner's Representative will make a final inspection with the CONTRACTOR and provide Written Notice of all particulars in which this inspection reveals that the Work is incomplete or defective. The CONTRACTOR shall immediately take such measures as are necessary to complete such Work or remedy such deficiencies. 14.10 Final Application for Payment: The CONTRACTOR may make application for final payment following the procedure for progress payments after the CONTRACTOR has completed all such corrections to the satisfaction of Owner's Representative and delivered the following documents: .1 Three (3) complete operating and maintenance manuals, each containing maintenance and operating instructions, schedules, guarantees, and other documentation required by the Contract Documents; .2 Record documents (as provided in paragraph 6.10); .3 Consent of surety, if any, to final payment. If surety is not provided, complete and legally effective releases or waivers (satisfactory to the OWNER) of all claims arising out of or filed in connection with the Work; 00700 04-2020 Page 38 General Conditions .4 Certificate evidencing that insurance required by the Supplemental General Conditions will remain in force after final payment and through any warranty period; .5 Non-Use of Asbestos Affidavit(After Construction); and .6 Any other documentation called for in the Contract Documents. 14.11 Final Payment and Acceptance: 14.11.1 If, on the basis of observation of the Work during construction, final inspection, and review of the final Application for Payment and accompanying documentation as required by the Contract Documents, Owner's Representative is satisfied that the Work has been completed and the CONTRACTOR's other obligations under the Contract Documents have been fulfilled, Owner's Representative will recommend the final Application for Payment and thereby notify the OWNER. If the OWNER agrees with the recommendation of the Owner's Representative, the OWNER will pay to the CONTRACTOR the balance due the CONTRACTOR under the terms of the Contract. 14.11.2 As Contract Time is measured to Final Completion, Owner's Representative will issue a letter of final acceptance to the CONTRACTOR which establishes the Final Completion date and initiates any warranty period. 14.11.3 Final payment is considered to have taken place when the CONTRACTOR or any of its representatives negotiates the OWNER's final payment check, whether labeled final or not, for cash or deposits check in any financial institution for its monetary return. 14.12 Waiver of Claims: The making and acceptance of final payment will constitute: .1 a waiver of claims by the OWNER against the CONTRACTOR, except claims arising from unsettled claims, from defective Work appearing after final inspection, from failure to comply with the Contract Documents or the terms of any warranty specified therein, or from the CONTRACTOR's continuing obligations under the Contract Documents; and .2 a waiver of all claims by the CONTRACTOR against the OWNER other than those previously made in writing and still unsettled. ARTICLE 15-SUSPENSION OF WORK AND TERMINATION 15.1 OWNER May Suspend Work Without Cause and for Convenience: At any time and without cause and for convenience, the OWNER may suspend the Work or any portion thereof for a period of not more than ninety(90)calendar days by written agreement or by Written Notice to the CONTRACTOR which will fix the date on which the Work will be resumed. The CONTRACTOR shall resume the Work on the date so fixed. The CONTRACTOR may be allowed an adjustment in the Contract Amount or an extension of the Contract Times,or both,directly attributable to any such suspension if the CONTRACTOR makes an approved Claim therefor as provided in Article 11 and Article 12. 15.2 OWNER May Terminate Without Cause: Upon seven (7)calendar days' Written Notice to the CONTRACTOR, the OWNER may,without cause and without prejudice to any right or remedy of the OWNER, elect to terminate the Agreement. In such case, the CONTRACTOR shall be paid (without duplication of any items): .1 for completed and acceptable Work executed in accordance with the Contract Documents prior to the effective date of termination; 00700 04-2020 Page 39 General Conditions .2 for all claims incurred in settlement of terminated contracts with Suppliers, Subcontractors, and others. The CONTRACTOR agrees to negotiate in good faith with Subcontractors, Suppliers and others to mitigate the OWNER's cost CONTRACTOR shall include in any subcontract or purchase order language that provides that if the Agreement is terminated without cause, the Subcontractor and Suppliers will only be paid for work performed or materials and equipment supplied and shall not have any other claims against CONTRACTOR or OWNER; CONTRACTOR shall not be paid for any profit or overhead for Work not completed. 15.3 OWNER May Terminate With Cause: 15.3.1 Upon the occurrence of any one or more of the following events: .1 if the CONTRACTOR persistently fails to perform the Work in accordance with the Contract Documents; .2 if the CONTRACTOR disregards laws or regulations of any public body having jurisdiction; .3 if the CONTRACTOR disregards the authority of Owner's Representative; .4 if the CONTRACTOR makes fraudulent statements; .5 if the CONTRACTOR fails to maintain a work force adequate to accomplish the Work within the Contract Time; .6 if the CONTRACTOR fails to make adequate progress and endangers successful completion of the Contract; or .7 if the CONTRACTOR otherwise violates any provisions of the Contract Documents; The OWNER may, after giving the CONTRACTOR (and the surety, if any) seven (7)calendar days'Written Notice terminate the services of the CONTRACTOR. The OWNER, at its option, may proceed with negotiation with surety for completion of the Work. Alternatively,the OWNER may under these circumstances exclude the CONTRACTOR from the site and take possession of the Work (without liability to the CONTRACTOR for trespass or conversion), incorporate in the Work all materials and equipment stored at the site or for which the OWNER has paid the CONTRACTOR but which are stored elsewhere, and finish the Work as the OWNER may deem expedient. In such case the CONTRACTOR shall not be entitled to receive any further payment until the Work is finished. If the unpaid balance of the Contract Amount exceeds all claims, costs, losses and damages sustained by the OWNER arising out of or resulting from completing the Work, such excess will be paid to the CONTRACTOR. If such claims, costs, losses and damage exceed such unpaid balance, the CONTRACTOR or surety shall pay the difference to the OWNER. 15.3.2 Where the CONTRACTOR's services have been so terminated by the OWNER, the termination will not affect any rights or remedies of the OWNER against the CONTRACTOR and surety then existing or which may thereafter accrue. Any retention or payment of amounts due the CONTRACTOR by the OWNER will not release the CONTRACTOR from liability. In the event the OWNER terminates the Contract with cause, the OWNER may reject any and all bids submitted by the CONTRACTOR for up to three (3)years. 00700 04-2020 Page 40 General Conditions 15.4 CONTRACTOR May Stop Work or Terminate: If through no act or fault of the CONTRACTOR,the Work is suspended for a period of more than ninety(90)calendar days by the OWNER or under an order of court or other public authority, or (except during disputes) Owner's Representative fails to forward for processing any mutually acceptable Application for Payment within thirty (30) calendar days after it is submitted, or(except during disputes)the OWNER fails for sixty (60)calendar days after it is submitted to pay the CONTRACTOR any sum finally determined by the OWNER to be due, then the CONTRACTOR may, upon seven (7)calendar days'Written Notice to the OWNER, and provided the OWNER does not remedy such suspension or failure within that time, terminate the Agreement and recover from the OWNER payment on the same terms as provided in paragraph 15.2. In lieu of terminating the Agreement and without prejudice to any other right or remedy, if(except during disputes) Owner's Representative has failed to forward for processing any mutually acceptable Application for Payment within thirty(30)calendar days after it is submitted, or (except during disputes) the OWNER has failed for sixty (60) calendar days after it is submitted to pay the CONTRACTOR any sum finally determined by the OWNER to be due, the CONTRACTOR may upon seven (7) calendar days' Written Notice to the OWNER stop the Work until payment of all such amounts due the CONTRACTOR, including interest thereon. The provisions of this paragraph 15.4 are not intended to preclude the CONTRACTOR from making a Claim under Article 11 and Article 12 for an increase in Contract Amount or Contract Times or otherwise for expenses or damage directly attributable to the CONTRACTOR's stopping Work as permitted by this paragraph. ARTICLE 16- DISPUTE RESOLUTION 16.1 Filing of Claims: 16.1.1 Claims arising from the circumstances identified in paragraphs 3.2, 4.1, 4.2.2, 4.2.4, 6.4.2, 6.11.5.2, 6.17, 7.5, 8.6, 9.5, 10.4.2, 13.8, 15.1, 15.2, 15.3, or 15.4, or other occurrences or events, shall be made by Written Notice delivered by the party making the Claim to the other party within thirty (30) calendar days after the start of the occurrence or event giving rise to the Claim and stating the general nature of the Claim. Notice of the amount of the Claim with supporting data shall be delivered within thirty (30) calendar days after Written Notice of Claim is delivered by claimant and shall represent that the adjustment claimed covers all known amounts to which claimant is entitled. 16.1.2 Within thirty(30)calendar days of receipt of notice of the amount of the Claim with supporting data, Owner's Representative and the CONTRACTOR shall meet to discuss the Claim, after which an offer of settlement or notification of no settlement offer will be made to claimant. If claimant is not satisfied with the proposal presented, claimant shall have thirty(30) calendar days in which to: .1 submit additional supporting data requested by the other party; .2 modify the initial Claim; or .3 request Alternative Dispute Resolution. 16.2 Alternative Dispute Resolution: 16.2.1 If a dispute exists concerning a Claim, the parties agree to use the following procedure prior to pursuing any other available remedies. The OWNER reserves the right to include E/A as a party. 16.2.2 Negotiating with Previously Uninvolved Personnel: Either party may make a written request for a meeting to be held between representatives of each party within fourteen (14) calendar days of the request or such later period that the parties may agree to. Each party shall endeavor to include, at a minimum, one (1) previously uninvolved senior level decision maker empowered to negotiate on behalf of their organization. The purpose of this and subsequent meetings will be good faith negotiations of the matters constituting the dispute. Negotiations shall be concluded within thirty(30)calendar days of the first meeting, unless mutually agreed otherwise. This step may 00700 04-2020 Page 41 General Conditions be waived by written agreement of both parties, in which event the parties may proceed directly to mediation as described below. 16.2.3 Mediation: 16.2.3.1 If the procedure described in paragraph 16.2.2 proves unsuccessful or is waived pursuant to its terms, the parties shall initiate the mediation process. The parties agree to select within thirty (30) calendar days one (1) mediator trained in mediation skills, to assist with resolution of the dispute. The OWNER and the CONTRACTOR agree to act in good faith in the selection of the mediator and to give consideration to qualified individuals nominated to act as mediator. Nothing in this agreement prevents the parties from relying on the skills of a person who also is trained in the subject matter of the dispute and/or a contract interpretation expert. 16.2.3.2 Mediation is a forum in which an impartial person, the mediator, facilitates communication between parties to promote reconciliation, settlement, or understanding among them. The parties hereby agree that mediation, at a minimum, shall provide for 1)conducting an on-site investigation, if appropriate, by the mediator for fact-gathering purposes, 2) a meeting of all parties for the exchange of points of view and 3) separate meetings between the mediator and each party to the dispute for the formulation of resolution alternatives. The parties agree to participate in mediation in good faith for up to thirty(30)calendar days from the date of the first mediation session, unless mutually agreed otherwise. Should the parties fail to reach a resolution of the dispute through mediation, then each party is released to pursue other remedies available to them. ARTICLE 17— RIGHT TO AUDIT 17.1 Right to Audit: Whenever the OWNER enters into any type of contractual arrangement with the CONTRACTOR, then the CONTRACTOR's "records" shall upon reasonable notice be open to inspection and subject to audit and/or reproduction during normal business working hours. The OWNER's representative, or an outside representative engaged by the OWNER, may perform such audits. The CONTRACTOR shall maintain all records relating to this Agreement for four (4) years from the date of final payment under this Agreement, or until pending litigation has been completely and fully resolved, whichever occurs later. 17.1.1 The OWNER shall have the exclusive right to examine the records of the CONTRACTOR. The term "records"as referred to herein shall include any and all information, materials and data of every kind and character, including without limitation records, books, papers, documents, contracts, schedules, commitments, arrangements, notes, daily diaries, reports, drawings, receipts, vouchers and memoranda, and any and all other agreements, sources of information and matters that may, in the OWNER's judgment, have any bearing on or pertain to any matters, rights, duties or obligations under or covered by any contract document. Such records shall include (hard copy, as well as computer-readable data if it can be made available), written policies and procedures, time sheets, payroll registers, cancelled checks, personnel file data, correspondence, general ledger entries, and any other record in the CONTRACTOR's possession which may have a bearing on matters of interest to the OWNER in connection with the CONTRACTOR's dealings with the OWNER (all of the foregoing are hereinafter referred to as "records"). In addition,the CONTRACTOR shall permit interviews of employees as well as agents, representatives, vendors, subcontractors and other third parties paid by the CONTRACTOR to the extent necessary to adequately permit evaluation and verification of the following: a) The CONTRACTOR's compliance with contract requirements; b) The CONTRACTOR's compliance with the OWNER'S business ethics policies; and c) If necessary, the extent of the Work performed by the CONTRACTOR at the time of contract termination. 17.1.2 The CONTRACTOR shall require all payees(examples of payees include subcontractors, insurance agents, material suppliers, etc.) to comply with the provisions of this Article 17 by securing the requirements hereof in a 00700 04-2020 Page 42 General Conditions written agreement between the CONTRACTOR and payee. Such requirements include a flow-down right of audit provision in contracts with payees that also apply to subcontractors and sub-subcontractors, material suppliers, etc. The CONTRACTOR shall cooperate fully and shall require Related Parties and all of the CONTRACTOR's subcontractors to cooperate fully in furnishing or in making available to the OWNER from time to time whenever requested, in an expeditious manner, any and all such information, materials, and data. 17.1.3 The OWNER's authorized representative or designee shall have reasonable access to the CONTRACTOR's facilities, shall be allowed to interview all current or former employees to discuss matters pertinent to the performance of this Agreement, and shall be provided adequate and appropriate work space in order to conduct audits in compliance with this Article 17. 17.1.4 If an audit inspection or examination in accordance with this Article 17 discloses overpricing or overcharges of any nature by the CONTRACTOR to the OWNER in excess of one-half of one percent(.5%)of the total contract billings, then the reasonable actual cost of the OWNER's audit shall be reimbursed to the OWNER by the CONTRACTOR. Any adjustments and/or payments,which must be made as a result of any such audit or inspection of the CONTRACTOR's invoices and/or records, shall be made within a reasonable amount of time (not to exceed 90 days)from presentation of the OWNER's findings to the CONTRACTOR. 17.1.5 The CONTRACTOR shall take reasonable actions to prevent any actions or conditions which could result in a conflict with the OWNER's best interests. These obligations shall apply to the activities of the CONTRACTOR's employees, agents, subcontractors, etc. in their dealings and relations with the OWNER's current and former employees and their relatives. For example,the CONTRACTOR's employees, agents or subcontractors should not make or provide to be made any employment, gifts, extravagant entertainment, payments, loans or other considerations to the OWNER's representatives, employees or their relatives. 17.1.6 It is also understood and agreed by the CONTRACTOR that any solicitation of gifts or any other item of value by anyone representing the OWNER is to be reported within two (2) business working days to the OWNER at the following telephone number: 512-218-5401. Failure to report any such solicitations or offers shall be deemed a material breach of contract entitling the OWNER to pursue damages resulting from the failure to comply with this provision. ARTICLE 18— MISCELLANEOUS 18.1 Venue: In the event of any suit at law or in equity involving the Contract, venue shall be in Williamson County, Texas and the laws of the state of Texas shall apply to Contract interpretation and enforcement. 18.2 Extent of Agreement: This Contract represents the entire and integrated agreement between the OWNER and the CONTRACTOR and supersedes all prior negotiations, representations or agreements, either written or oral. 18.3 Cumulative Remedies: The rights and remedies available to the parties are not to be construed in any way as a limitation of any rights and remedies available to any or all of them which are otherwise imposed or available by laws or regulations, by special warranty or guarantees or by other provisions of the Contract Documents, and the provisions of this paragraph will be as effective as if repeated specifically in the Contract Documents in connection with each particular duty, obligation, right and remedy to which they apply. 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. 18.7 Prohibition Against Personal Interest in Contracts No officer, employee, independent consultant, or elected official of the OWNER who is involved in the development, evaluation, or decision-making process of the performance of any solicitation shall have a financial interest, direct or indirect, in the Contract resulting from that solicitation. Any violation of this provision, with the knowledge, expressed or implied, of the CONTRACTOR shall render the Contract voidable by the OWNER. End of General Conditions 00700 04-2020 Page 44 General Conditions 00800 SUPPLEMENTAL GENERAL CONDITIONS City of Round Rock Contract Forms Supplemental General Conditions Section 00800 SUPPLEMENTAL GENERAL CONDITIONS TO AGREEMENT FOR CONSTRUCTION SERVICES The Supplemental General Conditions contained herein shall amend or supplement the General Conditions, Section 00700. ARTICLE 1 - DEFINITIONS 1.16 Engineer/Architect(E/A): Add the following: Name (Representative): David Freireich,P.E. Firm: City of Round Rock Address: 3400 Sunrise Road City, State, Zip: Round Rock,Texas 78665 Telephone: (512)671-2756 Facsimile: N/A Email: dfreireich(croundrocktexas.gov 1.27 Owner's Representative: Add the following: Name: Juan Martinez Title: Engineer Associate Address: 3400 Sunrise Road City, State, Zip: Round Rock,Texas 78665 Telephone: (512)341-3332 Facsimile: N/A Email: jmartinez@roundrocktexas.g0v ARTICLE 6-CONTRACTOR'S RESPONSIBILITIES 6.18 Liquidated Damages Add the following: 1. CONTRACTOR SHALL PAY LIQUIDATED DAMAGES IN THE AMOUNT OF one thousand dollars AND NO/100 DOLLARS $ 1000.00 PER DAY FOR EACH DAY BEYOND THE DATE ESTABLISHED THEREFOR THAT THE CONTRACTOR FAILS TO ACHIEVE SUBSTANTIAL COMPLETION, AND FOR WHICH OWNER IS UNABLE TO UTILIZE THE IMPROVEMENTS AND FACILITIES DUE TO THE FAILURE OF CONTRACTOR TO HAVE ACHIEVED SUBSTANTIAL COMPLETION IN ACCORDANCE WITH THE CONTRACT. END OF SUPPLEMENTAL GENERAL CONDITIONS Page 1 00800 10-2015 Supplemental General Conditions 00090669 00900 SPECIAL CONDITIONS SECTION 01-INFORMATION 01-01 COPIES OF PLANS AND SPECIFICATIONS FURNISHED The Agreement will be prepared in not less than two (2) (original signed) sets. The OWNER will furnish to the CONTRACTOR one (1) copy of conforming Contract Documents and Specifications unless otherwise requested. 01-02 GOVERNING CODES All construction as provided for under the Contract Documents shall be governed by any existing Resolutions, Codes and Ordinances, and any subsequent amendments or revisions thereto as set forth by the OWNER. 01-03 LOCATION The location of work shall be as set forth in the Notice to Bidders and as indicated in the Contract Documents. 01-04 USAGE OF WATER All water used during construction shall be provided by the OWNER and shall be metered. The OWNER shall specify the location from which the CONTRACTOR is to procure water. The CONTRACTOR shall be responsible for obtaining a bulk water permit from the OWNER and providing all apparatus necessary for procuring, storing, transporting and using water during construction. The CONTRACTOR shall strive to use no more water than reasonable to perform the work associated with this Contract and shall avoid waste. The CONTRACTOR will be required to pay for all water used if it is found that waste is occurring during construction. SECTION 02-SPECIAL CONSIDERATIONS 02-01 CROSSING UTILITIES Prior to commencing the Work associated with this Contract, it shall be the CONTRACTOR's responsibility to make arrangements with the owners of utility companies to uncover their particular utility lines or otherwise confirm their location. Certain utility companies perform such services at their own expense,however,where such is not the case, the CONTRACTOR will cause such work to be done at his own expense. 02-02 UTILITY SERVICES FOR CONSTRUCTION The CONTRACTOR will be responsible for providing its own utility services while performing the Work associated with this Contract. Provision of said utility services shall be subsidiary to the various bid items and no additional payment will be made for this item. 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. 00900-4-2020 Page 2 Special Conditions 00443643 2258.051.Duty of Public Body to Hear Complaints and Withhold Payment A public body awarding a contract, and an agent or officer of the public body, shall: I. 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- l leavy (Sewer/Water Treatin Plant and. ewei.- tictidental. to Highway) http://www.wdol.gov/wdol/scafiles/davisbacon/TX33.dvb?v=O Construction n " ype . Heavy and Highway wa:y http://www.wdol.gov/wdol/scafiles/davisbacon/TXI 6.dvb?v=0 Construction Type: Building http://www.wdol.gov/wdol/scafiles/davisbacon/TX76.dvb?v=1 02-04 LIMIT OF FINANCIAL RESOURCES The OWNER has a limited amount of financial resources committed to this Project; therefore, it shall be understood by all bidders that the OWNER may be required to change and/or delete any items which it may feel is necessary to accomplish all or part of the scope of work within its limit of financial resources. CONTRACTOR shall be entitled to no claim for damages or anticipated profits on any portion of work that may be omitted. At any time during the duration of this contract, the OWNER reserves the right to omit any work from this contract.Unit prices for all items previously approved in this contract shall be used to delete or add work per change order. 02-05 LIMITS OF WORK AND PAYMENT It shall be the obligation of the CONTRACTOR to complete all work included in this Contract, so authorized by the OWNER, as described in the contract documents and technical specifications. All items of work not specifically paid for in the bid proposal shall be included in the unit price bids. Any question arising as to the limits of work shall be left up to the interpretation of the E/A. 00900-4-2020 Page 3 Special Conditions 00443643 02-06 LAND FOR WORK OWNER provides, as indicated on Drawings, land upon which work is to be done, right- of-way for access to same and such other lands that are designated for the use of the CONTRACTOR. CONTRACTOR provides,at his expense and without liability of OWNER, any additional land and access thereto that may be required for his construction operations, temporary construction facilities, or for storage of materials. 02-07 DEVIATIONS OCCASIONED BY UTILITY STRUCTURES Whenever existing utilities, not indicated on the Drawings, present obstructions to grade and alignment of proposed improvements immediately notify engineer, who without delay, will determine if existing utilities are to be relocated, or grade and alignment of proposed improvements changed. Where necessary to move existing utilities and appurtenances as determined by the E/A, the E/A and CONTRACTOR will make relocation arrangements with the utility owner. The OWNER will not be liable for delay costs or damages due to relocations of utilities which hinder progress of the work. 02-08 CONSTRUCTION STAKING All construction staking required to complete the work associated with this contract shall be provided by the CONTRACTOR. The CONTRACTOR shall be responsible for determining the layout and extent of staking necessary to construct the improvements to the lines and grades shown in the Drawings and such staking shall be satisfactory to the E/A. The CONTRACTOR shall consult with the E/A and Owners Representative in the field for assistance as necessary. Sufficient staking materials and equipment shall be provided by the CONTRACTOR including but not limited to:paint, flagging,laths,hubs,blue tops,nails,hammers,measuring chains or tapes,transits and levels. The CONTRACTOR shall be responsible for setting and marking control and off-set points for measuring distances and angles, for shooting levels,and for any other items pertaining to construction staking. This item shall not be paid for separately and shall be considered subsidiary to other bid items. 00900-4-2020 Page 4 Special Conditions 00443643 SECTION 03-ACCESS AND TRAFFIC CONTROL Access shall be provided for the public and emergency vehicles at all possible times. When it becomes necessary to restrict access, the CONTRACTOR shall notify the OWNER and coordinate with the OWNER, all applicable agencies (i.e. Fire Department,E.M.S.,Public Works, etc.),residents, and affected parties. If emergency access is required during the work and such access is being hindered by the work, the CONTRACTOR will suspend the work if necessary, and otherwise endeavor to assist emergency personnel in accessing a location restricted by the work. Unless otherwise approved by the E/A, at the end of each day all lanes of traffic shall be opened to the public. The CONTRACTOR shall ensure compliance at all times with the accepted Traffic Control Plan for the project and shall be responsible for all maintenance, signing and safety precautions necessary for traffic control. These items shall be included in the bid item Traffic Control. 00900-4-2020 Page 5 Special Conditions 00443643 01000 TECHNICAL SPECIFICATIONS ITEM 1 GENERAL DESCRIPTION 1.01 SCOPE OF WORK The Work covered by these Specifications consists of furnishing all labor, equipment, appliances, materials and performing all operations in connection with the inspection and testing, complete in accordance with the Plans, and subject to the terms and conditions of the Contract Documents. 1.02 GOVERNING TECHNICAL SPECIFICATIONS STREET, WATER, SEWER AND DRAINAGE IMPROVEMENTS The Round Rock Standard Specification Criteria Manual is hereby referred to and included in this contract as fully and to the same extent as if copied at length herein, and shall be applied to this project unless modified elsewhere as discussed below. The aforementioned Criteria Manual is the "Standard Specifications" section of the City of Round Rock Design and Construction Standards. The Standard Specifications may be accessed from the City of Round Rock website (www.roundrocktexas.gov) at the following web address: www.roundrocktexas.gov/dacs. Any adjustments, alterations,or additional information regarding Governing Technical Specifications are contained in the Plans (Drawings), Details and Notes described in Section 02000 of the Project Manual or are included in Attachment A at the end of this Technical Specifications Section. ITEM 2 CONTROL OF WORK 2.01 CLEAN-UP 2.01.1 CONSTRUCTION SITE During construction, the CONTRACTOR shall keep the site free and clean from all rubbish and debris and shall clean-up the site promptly when notified to do so by the E/A. The CONTRACTOR shall,at its own expense,maintain the streets and roads free from dust, mud, excess earth or debris which constitutes a nuisance or danger to the public using the thoroughfare, or the occupants of adjacent properties. Care shall be taken to prevent spillage on streets and roads over which hauling is done, and any such spillage or debris deposited on streets, due to the CONTRACTOR's operations, shall be immediately removed. Page 1 01000-4-2020 Technical Specifications 00443645 2.01.2 BACKWORK The CONTRACTOR shall coordinate his operations in such a manner as to prevent the amount of clean-up and completion of back works from becoming excessive. Should such a condition exist,the E/A may order all or portions of the work to cease and refuse to allow any work to commence until the back work is done to the E/A's satisfaction. 2.02 GRADING The CONTRACTOR shall do such grading in and adjacent to the construction area associated with this contract as may be necessary to leave such areas in a neat and satisfactory condition approved by the E/A. ITEM 3 EXAMINATION AND REVIEW 3.01 EXAMINATION OF WORK The work covered under this Contract shall be examined and reviewed by the E/A, representatives of all governmental entities which have jurisdiction, and the Owner's Representative. The quality of material and the quality of installation of the improvements shall be to the satisfaction of the E/A. It shall be the CONTRACTOR's responsibility for the construction methods and safety precautions in the undertaking of this Contract. 3.02 NOTIFICATION The E/A and the OWNER must be notified a minimum of 24-hours in advance of beginning construction,testing, or requiring presence of the E/A, Owner's or Owner's Representative. 3.03 CONSTRUCTION STAKING The E/A shall furnish the CONTRACTOR reference points and benchmarks that, in the E/A's opinion, provide sufficient information for the CONTRACTOR to perform construction staking. 3.04 PROTECTION OF STAKES, MARKS, ETC. All engineering and surveyor's stakes, marks, property comers, etc., shall be carefully preserved by the CONTRACTOR, and in case of destruction or removal during the course of this project, such stakes, marks, property comers, etc., shall be replaced by the CONTRACTOR at the CONTRACTOR's sole expense. 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. Page 4 01000-4-2020 Technical Specifications 00443645 ATTACHMENT A SECTION 01000 TECHNICAL SPECIFICATIONS South 81 Composite Elevated Tank Rehabilitation 2021 PART 1 - GENERAL 1.01 SCOPE A. This specification covers the minimum requirements for design, selection of materials, fabrication,repairs, inspection, testing, cleaning and coating of a welded carbon steel elevated storage tank and is intended to supplement the minimum requirements of the applicable codes. This contract involves the corrosion related welding and surfacing repairs, grinding, safety climb replacement, general modifications and complete coating removal and re-application of the interior and pressure wash cleaning, spot preparation/prime, overcoating and Logo installation of the exterior surfaces on the 1,250,000-gallon steel elevated storage tank known as the South 81 CET constructed in 2002 by CBI and owned by the City of Round Rock. The Contractor shall be responsible for all labor, materials and equipment necessary for the repairs, painting and disinfection of the interior and exterior tank surfaces. The work of this section includes the sediment removal, cleaning,repairs, modifications, surface preparation and coating of all exterior and interior surfaces. It is the intent of these specifications that the Contractor shall perform the work on this tank in accordance with the following codes and specifications. See Part 3.12, for a more complete listing and description of work. B. The term "interior surfaces" shall refer to the inside of the tank proper, and all appurtenances located inside the tank (i.e. ladders, etc.) to include the interior side of all manholes, hatches, connections,roof, etc. C. The term "exterior surfaces" shall refer to the outside of the tank proper and all appurtenances located outside of the tank including,valves,piping that are attached and next to the tank existing above grade. D. The term "roof' shall refer to the roof plate, roof structure and all related appurtenances comprising of the existing roof. E. The paints and painting products used for this project shall be manufactured by the Tnemec Corporation only. No other painting manufacturers will be allowed for use on this project. The contractor shall make arrangements for the Tnemec representative to attend the pre-construction conference. "Special NOTE: Containment of the work being conducted on the exterior during cleaning, spot surface preparation and painting operations MAY be required. If full containment is chosen Part 3.07 shall be followed. Attachment A 1 1.02 PRE-CONSTRUCTION CONFERENCE A. The City of Round Rock (OWNER) and HOT Inspection Services, Inc., (CONSULTANT/INSPECTOR) shall arrange a meeting to be held before work begins. The meeting will be held on-site with the following representatives present: 1) GENERAL CONTRACTOR and the CONTRACTOR'S SUPERINTENDENT who will be on the job, 2) OWNER, including Project Managers, and Inspectors, 3) Paint manufacturer's representative. At this meeting the Specifications and CONTRACTORS work schedule will be reviewed in detail. It is the responsibility of the CONTRACTOR to notify his paint representative, subcontractor, superintendent and other parties listed. OWNER/CONSULTANT will set up the meeting date and time. 1.03 SPECIFICATIONS AND STANDARDS A. Without limiting the general aspects of other requirements of these specifications, all work on the water storage tank shall fully conform to the requirements of the latest published editions of the following Standard Specifications. • AWWA D100- Standard for Welded Carbon Steel Tanks for Water Storage • AWWA D102— Standard for Panting Steel Water Storage Tanks • AWWA C652— Standard for Disinfection of Water Storage Facilities • AWS D1.1 — Structural Steel Welding Code • ASME Section IX—Boiler and Pressure Vessel Code • NACE International—National Association of Corrosion Engineers • SSPC— Steel Structures Painting Council • ASTM—American Society for Testing and Materials • NSF—National Sanitary Foundation • OSHA— Occupational Safety and Health Administration • TCEQ—Texas Commission on Environmental Quality • CFR—Code of Federal Regulation • TAC—Texas Administration Code B. The Engineer's and Inspector's decision shall be final as the interpretation and/or conflict between any of the referenced specifications and standards contained herein. 1.04 CONTRACTOR A. The Contractor shall be a specialists in the painting and rehabilitation of elevated storage tanks and have a minimum of five (5) years' experience and successful history in the AWWA D100 Water Storage Industry and application of the specified coatings products. Such experience must have been on a minimum of five (5) projects in the State of Texas, completed during the existence of business under the current company name and original ownership. The Contractor must be able to demonstrate experience through the submittal of a project portfolio that Attachment A 2 successfully documents the completion of the coatings rehabilitation of at least five (5) Elevated Storage Water Tanks on a minimum size of 500,000-gallons. The Contractor shall not subcontract the coatings rehabilitation tasks but may hire a subcontractor to perform minor tank modification/repairs, welding and containment installation. B. The Contractor shall submit with his bid the following information. No bid will be considered unless this information is provided with the proposal. • A list of five (5) Elevated Storage Tanks for potable water service that have been rehabilitated within the last five years, including the owner, tank capacity and the name of the Project Engineer and Inspector. • A Preliminary or Final Containment Drawing(if being utilized)or plan with a detailed method of containing the exterior work. • A Preliminary Schedule that meets the City's needs and timeline for the completion date based on the 120-day contract. • A Valid Contingency Plan if delays occur and the ability to execute the plan. • A written statement by the coatings manufacturer stating that the Contractor is familiar with the materials specified and has workers capable of performing the work specified herein. C. The personnel performing the work shall be knowledgeable and have the required experience and skill to adequately perform the work for this project, in accordance with AWWA D100,AWWA D102 and SSPC-PAI, "Shop, Field and Maintenance Painting". D. The Contractor is responsible for all claims for any damage during the progress of the tank rehabilitation and is especially forewarned of this responsibility so that he may exert all possible precaution and care for protection of property which includes the existing S.81 CET while under rehabilitation. E. The contractor shall protect the public from harm caused by the Contractor's actions and performance of the work. Prior to the start of work or mobilization on site, the Contractor shall submit a site-specific Public Safety Plan based on the Contractor's selected work methods. The plan shall include necessary plans and measures to protect the general public from harm. Safety signs, warning signs, protective barriers and safety warning devices for daylight and nighttime protection shall be installed. F. When not working on the tank or site (such as during the evening, weekends, holidays, or bad weather days), the Contractor shall secure all openings in the tank, the exterior pedestal doors and access or rigging devices. The Contractor shall lock the site fencing, equipment and supply storage containers. The Contractor shall be solely responsible for the security of the site, tank, equipment and supplies during working and non-working hours. Attachment A 3 1.05 QUALITY ASSURANCE A. General: Quality assurance procedures and practices shall be utilized to monitor all phases of erection, welding surface preparation, application and inspection throughout the duration of the project. Procedures or practices not specifically defined herein may be utilized provided they meet recognized and accepted professional standards and are approved by the Engineer and City's Inspector. All work in both shop and field shall conform to all current applicable requirements of the ANSI/AWWA D100 ("AWWA Standard for Welded Steel Tanks for Water Storage") and ANSI/AWWA D102 ("AWWA Standard for Coating Steel Water- Storage Tanks"). The completed tank structure shall also comply with the latest requirements of the Occupational Safety and Health Act. All members shall be designed to safely withstand the maximum stress to which they may be subjected during erection and operation. All welding shall conform to the latest version of AWWA D-107 and AWWA D-100. The Contractor shall submit a list of all welders and provide a copy of current welding certifications for each welder prior to beginning construction. All welders shall be qualified in accordance with the current ASME, Section IX or AWS D1.1 (tests as described in AWS B2.1) to the procedures and processes required to accomplish the work. A form for recording the daily activities of the contractor not limited to roof modifications, surface preparation and coatings application shall be provided by the contractor and submitted at the beginning of the job for approval by the City's Inspector. The information required on the form is listed under Part 3.10 of this specification. Each day during the surface preparation and coatings activities the air temperature, steel surface temperature,humidity and dew point shall be measured, and recorded by the Contractor prior to beginning of blasting and prior to application of coating daily. Atmospheric conditions shall be measured and recorded at least every 3 hours and when climatic conditions begin to change. All environmental readings shall be recorded and placed in a file located on the job site and made available for daily owner review. This file shall be turned over to the Owner's Inspector at the end of the job. Surface temperature shall be measured by using approved thermometers. Temperature of both the sunny side and shady side of the reservoir shall be recorded periodically each day. The dew point shall be measured and recorded at least every 3 hours by use of a digital or sling Psychrometer in conjunction with U.S. Department of Commerce Weather Bureau Psychrometric Tables. The reservoir surface temperatures, relative humidity, dry bulb, wet bulb and dew point temperatures both interior and exterior(as appropriate) are to be recorded. Attachment A 4 B. Surface Preparation: Surface preparation will be based upon comparison with: "Pictorial Surface Preparation Standards for Painting Steel Surfaces: SSPC-Vis 1- 02, SSPC-Vis 3-04 and SSPC-Vis 4-01, ASTM Designation D2200-17, "Standard Methods of Evaluating Degree of Rusting on Painted Surfaces", ASTM D 4417- 14, Method A and/or Method C, "Standard Test Method for Field Measurement of Surface Profile of Blast Cleaned Steel" or NACE SP0287-16, "Field Measurement of Surface Profile of Abrasive Blast-Cleaned Steel Surfaces Using Replica Tape" NACE SP0178-07, "Design, Fabrication, and Surface Finish Practices for Tanks and Vessels to Be Lined for Immersion Service", along with the Visual Comparator, shall be used to verify the surface preparation of welds. In all cases the written standard shall take precedence over the visual standard. In addition, See special section 3.03 Surface Preparation. C. Application: No coating or paint shall be applied when: 1) the surrounding air temperature or the temperature of the surface to be coated or painted is below the minimum surface temperature for the products specified herein, 2) rain, snow, fog or mist is present, 3) the temperature is less than 5°F above the dew point, 4) the air temperature is expected to drop below the minimum temperature for the products specified within six hours after application of coating, 5) the relative humidity is above 85% and/or surface temperature will exceed the recommended temperatures within six hours after application of coating. Dewpoint shall be measured by use of an instrument such as a Sling Psychrometer in conjunction with U.S. Department of Commerce Weather Bureau Psychometric Tables. If any of the above conditions are prevalent, coating or painting shall be delayed or postponed until conditions are favorable. The day's coating or painting shall be completed in time to permit the film sufficient drying time prior to damage by atmospheric conditions. D. Thickness and Holiday Checking: Thickness of coatings and paint shall be checked with a non-destructive, magnetic-type thickness gauge, as per SSPC-PA 2 "Measurement of Dry Film Thickness with Magnetic Gages". References in PA 2, which allow 80% of the minimum thickness specified, are not acceptable. The integrity of all interior coated surfaces may be checked with a low voltage holiday detector in accordance with NACE Standard SP0188. Destructive holiday detector shall not exceed the voltage recommended by the manufacturer of the coating system. A solution of 1-ounce non-sudsing type wetting agent, such as Kodak Photo-Flo, and 1 gallon of tap water shall be used to perform the holiday testing. All pinholes and/or holidays shall be marked and repaired in accordance with the manufacturer's printed recommendations and retested. The CONTRACTOR shall perform the holiday testing under the supervision of the INSPECTOR. All touched up pinholes and re-coated areas shall cure for a minimum of seven(7) days prior to re-testing for holidays. No pinholes, holidays or other irregularities will be permitted in the final coating. Attachment A 5 E. Inspection Devices: The contractor shall furnish, until final acceptance of coating and painting is accepted, inspection devices in good working condition for detection of holidays and measurement of dry film thickness of coating and paint. The Contractor shall also furnish U.S. Department Commerce, National Bureau of Standards certified thickness calibration plates and/or plastic shims, depending upon the thickness gauge used, to test the accuracy of dry film thickness gauges and certified instrumentation to test the accuracy of holiday detectors. Dry film gauges and holiday detectors shall be made available for the Engineer's use at all times until final acceptance of application. Holiday detection devices shall be operated in the presence of the Owner's Representative. F. Inspection: Owner will retain the services of HOT Inspection Services, Inc., an independent Engineering Technician, AWS Certified Welding Inspector and NACE Certified Coating Inspector for project management, construction observations and quality conformance inspections during the project duration. The observation/inspection process of the welding techniques, preparation of steel, and coatings applications will help assure quality control and specification compliance. Contractor is responsible for providing access to tank, communicating work progress, and coordinating inspection services with Owner's independent consultant. The inspection company shall report to the engineer. The inspector shall communicate directly with the CONTRACTOR'S SUPERINTENDENT. Final inspections shall be performed in the presence of the ENGINEER, OWNER and/or INSPECTOR and the CONTRACTORS SUPERINTENDENT. All materials and equipment used in the accomplishment of testing are subject to inspection at any time by the ENGINEER, OWNER and/or INSPECTOR. The CONTRACTOR shall not move or remove scaffolding, ladders or other fixtures necessary to provide proper inspection until such work has been inspected and approved by the INSPECTOR and/or the ENGINEER/OWNER. Inspection for this project shall consist of `hold point' inspections. The owner's inspector shall inspect the surface prior to abrasive blasting, after abrasive blasting but prior to application of coating materials, and between subsequent coats of material. Final inspection shall take place after all coatings are applied, but prior to placing the tank in service. The interior coating shall be allowed to cure for a minimum of 7 days prior to inspection. Contractor will insure that sufficient rigging is in place so that the Engineer/OWNER or his representative shall be able to safely conduct the required inspections. Irregularities due to poor workmanship will be corrected by the CONTRACTOR at his expense. Re-inspection fees charged by the INSPECTOR will be the responsibility of the CONTRACTOR. The Owner and Engineer reserve the right to require this correction at any time during construction or at final inspection. Attachment A 6 G. First Anniversary Inspection: The First Anniversary Inspection as described in Section 5.2 of AWWA D102-17 shall apply. The Inspection shall be scheduled during the eleventh month following acceptance of all coating and painting work. All defective work shall be repaired in accordance with this specification, AWWA D102, unless otherwise specified here within. All defective work shall be repaired to the satisfaction of the Engineer and/or Owner. The Contractor's Perforinance Bond or separate Maintenance Bond shall be in force until after remedial work is performed. The Contractor shall warranty all repair work for one year. Interior surfaces of the reservoir shall be inspected within 12 months after the reservoir work has been accepted and placed in service. If an inspection date has not been established within 13 months after the reservoir has been placed in service, the anniversary inspection shall be considered waved, except in the event the OWNER is unable to remove the reservoir from service due to extremely long dry climate conditions or otherwise adverse weather conditions or due to unexpected breakdowns in the OWNER's distribution system. The date of anniversary inspection may be extended for a period of time not to exceed twenty-four (24) months beyond the date of final completion and acceptance of the work. If failures in any portion of the reservoir surface, exceed five (5) percent of that portion, as determined by the OWNER, then for that portion, the entire coating system shall be completely removed,re-coated and re-tested in accordance with the specifications herein. In the event any portion of the reservoir surface requires complete repair as provided herein, a second anniversary inspection shall be made unless the OWNER otherwise deems it not to be necessary. If subsequent anniversary inspections are to be made, time stipulations, coating removal, repair, re-testing and anniversary inspection requirements shall be the same as provided for in this specification. The OWNER will isolate the reservoir from the distribution system and drain the reservoir. The CONTRACTOR shall open, clean out, high-pressure water wash and rinse the tank prior to anniversary inspection. After inspection of the tank is complete, the CONTRACTOR shall disinfect the reservoir and properly seal the tank prior to placing it into service, with no charge to the OWNER. Disinfection of the tank, after anniversary inspection, shall be as per disinfection procedures stated in Section 3.05 of this specification. The CONTRACTOR shall provide suitable and adequate equipment including: lighting, ventilation, rigging, cable climbers, mirrors, inspection equipment, and sufficient man-power to clean, disinfect and move equipment and tools around the tank, etc., as may be necessary to facilitate complete inspection of all interior surfaces. The CONTRACTOR shall bear all costs of the anniversary inspection and shall incorporate such costs into his bid. This shall include the owner's 3rd party inspector's fees. Attachment A 7 Any location, including but not limited to locations where a coating has peeled off, bubbled, blistered, chipped, or cracked, etc., or where pinholes and/or holidays are present and locations where rusting or corrosion is evident, will be considered a failure or defect of the coating system and shall be repaired as required. Repairs will be made at areas or locations where coating failures are found. Methods of testing for coating failure which, may or may not be evident, shall include, but not be limited to, adhesion tests, film thickness measurement, holiday testing, etc. Testing may be non-destructive or destructive. The CONTRACTOR, at his expense, shall repair all areas where destructive tests are performed. The anniversary repair work shall be completed within an agreed time period as determined by the OWNER and CONTRACTOR. All repairs shall be made as per the coating manufacturers written repair work instructions or that which is approved and acceptable to the OWNER and completed within ninety (90) calendar days of the anniversary inspection. 1.06 SAFETY AND HEALTH REQUIREMENTS A. General: In accordance with requirements set forth by regulatory agencies applicable to the construction industry and manufacturer's printed instructions and appropriate technical bulletins and manuals, the Contractor shall provide and require use of personal protective lifesaving equipment for persons working on or about the project site. B. Head and Face Protection and Respiratory Devices: Equipment shall include protective helmets, which shall be worn by all persons while in the vicinity of the work. In addition, workers engaged in or near the work during sandblasting shall wear eye and face protection devices and air purifying half mask or mouthpiece respirators with appropriate filters. Barrier creams shall be used on any exposed areas of skin. C. Ventilation: Where ventilation is used to control hazardous exposure, all equipment shall be explosion-proof. Ventilation shall reduce the concentration of air contaminants to a degree that a hazard does not exist. Air circulation and exhausting of solvent vapors shall be continued until coatings have fully cured for immersion service.From the beginning of interior coating and until interior coating is complete, the CONTRACTOR shall monitor the air for its lower explosion limit (LEL). CONTRACTOR shall submit to the ENGINEER, for review and approval, the air monitors technical literature. The ENGINEER/OWNER and his representatives shall be allowed to check and inspect the monitor at any time. D. Sound Levels: Whenever the occupational noise exposure exceeds maximum allowable sound levels,the Contractor shall provide and require the use of approved ear protection devices. Noise control of equipment during working and non- working hours shall be submitted to the ENGINEER/OWNER for review and approval. If excessive noise is noted by the OWNER or neighboring residents, the Attachment A 8 CONTRACTOR shall modify or replace the existing equipment to reduce the noise to an OWNER acceptable level. CONTRACTOR shall bear all costs for noise reduction and incorporate this cost and any others into their bid. E. Illumination: Adequate illumination shall be provided while work is in progress, including explosion-proof lights and electrical equipment. Whenever required by the Engineer or Owner's Representative, the Contractor shall provide additional illumination and necessary supports to cover all areas to be inspected. The inspector shall determine the level of illumination for inspection purposes. F. Temporary Ladders and Scaffoldinu: All temporary ladders and scaffolding shall conform to applicable safety requirements. They shall be erected where requested by the Inspector or Engineer to facilitate inspection and be moved by the Contractor to locations requested by the Engineer or Owner's Representative. G. The Contractor is required to submit the following upon selection: I. Safety Program in writing and schedule of regularly scheduled safety orientation meetings complying with OSHA. 2. Detailed work schedule. 3. Quality Control Program. 4. Schedule of values in accordance with the contract scope of work. 5. Any sub-contractors to be employed on the project such as scaffolding contractor, containment contractor and or welding contractor. 6. Dehumidification and Dust Collection System Supplier/Manufacturer. 7. Detailed drawing of containment rigging, attachments and shroud. Statement of wind load resistance to be considered during bad weather days. (If being employed on the project) 8. Tnemec coating system submittals in accordance with specifications. 9. Contact names and phone numbers. 10. List of inspection devices and equipment to be on site at all times. H. Air Monitoring: Ambient Air Quality — Visible Emissions: Visible emissions shall be used as criteria for project shut down until corrections to the containment are made. Visible emissions shall be determined in accordance with 40 CFR 60, Appendix A, Method 22. If required by the Texas Air Control Board, the Contractor shall provide additional monitoring as follows: Ambient Air Quality for Particulate Matter (40 CFR 50): Emissions in excess of 150 up/m3 of PM 10 over a 24-hour period shall be cause for shut down of the project until corrections to the containment are made to comply with this level. Monitoring for this level shall be accomplished using high volume air samplers. I. Environmental Regulations: Compliance with local, state and federal regulations concerning emissions, transportation or disposal of solid, particulate, liquid, or gaseous matter as a result of the cleaning, painting, or other operations under this contract shall be the responsibility of the Contractor. Any fines or damages imposed on the Owner, Engineer, or Inspector/Field Observer by any regulatory Attachment A 9 agency or court as a result of the Contractor's noncompliance with environmental or nuisance regulations or any other applicable standard shall be paid for or reimbursed by the Contractor. 1.07 PRODUCT DELIVERY, STORAGE & HANDLING A. All materials shall be brought to the jobsite and identifiable by MTR's,certification reports and or batch numbers. The coatings shall be in the original sealed containers from the Manufacturer. Within 48 hours of coating delivery to the job site, the CONTRACTOR shall record the delivered material and the batch number stamped on each coating container and maintain the record in the daily log for examination by the INSPECTOR AND ENGINEER. Minimum information required will include: date of delivery to job site, name and signature of superintendent recording the data, list of certification reports, MTR's and batch number including corresponding coating identification, date of manufacture and volume of each container. They shall not be used until the INSPECTOR OR ENGINEER has inspected the contents. Manufacturer's Material Safety Data Sheets (MSDS) for all coating products used on the jobsite shall be submitted to the OWNER at the preconstruction conference or prior to commencing work. Materials exceeding storage life recommended by the manufacturer shall be rejected. B. All coatings and paints shall be stored in enclosed structures to protect them from weather and excessive heat or cold. Flammable coatings and paints must be stored to conform to City, County, State and Federal safety codes for flammable coating or paint materials. At all times coatings and paints shall be protected from freezing. PART 2 - MATERIALS 2.01 ACCEPTABLE MANUFACTURERS A. The paints and paint products used for this project shall be manufactured by The Tnemec Corporation. No other paint manufacturer will be allowed for use on this project. 2.02 GENERAL REQUIREMENTS A. All materials shall be lead-free as defined by the Consumer Product Safety Act, Part 1303. Additionally, all materials shall be free of other heavy metals such as chrome, mercury and cadmium. B. All materials for the interior wetted portion of the tank shall meet the requirements of ANSI/NSF Standard 61 for potable water contact. C. No coating submitted or used on this project shall have a VOC (Volatile Organic Content) in excess of 340 grams/liter or 2.8 lbs./gal. Attachment A 10 2.03 MATERIAL PREPARATION A. Mix and thin materials according to manufacturer's latest printed instructions. B. Do not use materials beyond manufacturer's recommended shelf life. C. Do not use mixed materials beyond manufacturer's recommended pot life. 2.04 COATING SYSTEM A. Tank Exterior Overcoating System 1. Weld Preparation: Weld flux and spatter shall be removed by power tool cleaning. Sharp projections shall be ground to a smooth contour. All welds shall be ground to a smooth contour as per NACE Standard SP0178, Designation D. 2. Surface Preparation: All surfaces shall be prepared at a minimum cleanliness level as defined by SSPC-SP WJ-4/NACE WJ-4 Light cleaning by use of Low Pressure Water Cleaning (LP WC) between 3,500 and 5,000 psi using a zero degree rotating tip to remove all oil, chalk, dust, dirt and other contaminants. If all visible contaminates, existing overspray, surface irregularities,loose rust and loose paint have not been removed, SSPC-SP2 Hand Tool Cleaning or SSPC-SP3 Power Tool Cleaning should be employed until the surface cleanliness is met. Clean all failed, rusting areas and where welding is required as per SSPC-SP-11 Power Tool Cleaning, taking care to not burnish the burnish the surface and provide a minimum 1.0 mil angular anchor profile. Feather all edges smooth and spot prime. 3. Coating System: Spot Prime: Tnemec Series N140F (1255 Beige) applied at 2.0 to 4.0 dry mils. Thin only as instructed in manufacturers data sheets. 1st Coat: Tnemec Series 73 Endura-Shield (15BL) applied at 2.5 to 3.0 dry mils. (Two coats may be required if applied by roller.) Thin only as instructed in manufacturers data sheets. Finish Coat: Tnemec Series 700 Hydroflon (57BR Cloud) applied at 2.5 to 3.0 dry mils. Thin only as instructed in manufacturers data sheets. LOGO: Tnemec Series 700 HydroFlon(Per Logo Drawing) applied at 2.0 to 3.0 dry mils. Thin only with approved thinner, Tnemec 41-63 Thinner. Attachment A 11 Total dry film thickness shall be a minimum of 5 mils applied as an overcoat addition to the spot repaired minimum thickness of 2 mils and existing coating thickness. All measurements per SSPGPA 2 dry.film inspection standards, with exception as noted in this specification. For cold weather applications, Series 44-710 Urethane Accelerator may be added to Series 73 at the rate specified on the Series 44-710 product data sheet. B. Tank Interior (Wet) Coating System—Zinc/Epoxy System 1. Weld Preparation: Weld flux and spatter shall be removed by power tool cleaning. Sharp projections shall be ground to a smooth contour. All welds shall be ground to a smooth contour as per NACE Standard SP0178, Designation D. 2. Surface Preparation: SSPC-SP-10 Near-White Metal Blast Cleaning. Anchor profile shall be 1.5 to 2.5 mils as per ASTM D 4417, Method C or NACE Standard SPO287 is required. 3. Coating System: I't Coat: Tnemec Series 94-H2O Hydro-Zinc applied at 2.5 to 3.5 dry mils. Thin only as instructed in manufacturers data sheets. Stripe Coat: Tnemec Series N140F Pota-Pox Plus (1255 Beige) applied by brush and scrubbed into all weld seams. In addition to weld seams, all edges, corners, bolts, pits shall receive a stripe coat. This shall be a separate step. The 2"d coat or subsequent coat shall not be applied until the recoat time has been achieved. Thin only as instructed in manufacturers data sheets. 2nd Coat: Tncmec Series N140F Pota-Pox Plus (15BL Tank White) applied at 6.0 to 8.0 dry mils. Thin only as instructed in manufacturers data sheets. 3rd Coat: Tnemec Series 141 Epoxoline (1255 Beige) applied at 15.0 to 18.0 dry mils. Thin only as instructed in manufacturers data sheets. Total dry film thickness on all surfaces shall be a minimum of 23.5 mils and maximum 28.5 mils per SSPGPA 2 dry film inspection standards, with exception as noted in this specification. Series 44-710 Accelerator must be used with Series 94-H2O if the surface temperature is 35°F to 60°F and 20% to 40%relative humidity. Attachment A 12 C. Tank Interior (Dry) Coating System—Epoxy System 1. Surface Preparation: SSPC-SP-11 Power Tool Cleaning with a profile of 1.5 mils minimum per ASTM D4417, Method C or NACE Standard SP0287 is required on any rusting or abraded areas identified for or spot repairs. SSPC SP-1 Solvent Wipe to assure clean surface for finish coat application. 2. Coating System: Spot Prime: Tnemec Series N140F (1255 Beige) applied at 2.0 to 4.0 dry mils. Thin only as instructed in manufacturers data sheets. Finish Coat: Tnemec Series N140F Pota-Pox Plus (15BL Tank White) applied at 2.0 to 4.0 dry mils. Thin only as instructed in manufacturers data sheets. D. Mechanical Piping Coating System—Epoxy/Urethane System 1. Surface Preparation: SSPC-SP-11 Power Tool Cleaning with a profile of 1.5 mils minimum or SSPC-SP-6 Commercial Blast Cleaning per ASTM D4417, Method C or NACE Standard SP0287 is required on any rusting or abraded areas identified for spot repairs. SSPC SP-1 Solvent Wipe to assure clean surface for prime and finish coat application. 2. Coating System: Prime: Tnemec Series N140F (1255 Beige) applied at 4.0 to 6.0 dry mils. Thin only as instructed in manufacturers data sheets. Finish Coat: Tnemec Series 73 Endura-Shield (15BL) applied at 2.5 to 3.0 dry mils. (Two coats may be required if applied by roller.) Thin only as instructed in manufacturers data sheets. PART 3 - EXECUTION 3.01 COATINGS A. All surface preparation, coating and painting shall conform to applicable standards of the Steel Structures Painting Council, NACE International and the manufacturer's printed instructions. Materials applied to the surface prior to the approval of the Engineer shall be removed and re-applied to the satisfaction of the Engineer at the expense of the contractor. B. All work shall be performed by skilled craftsmen qualified to perform the required work in a manner comparable with the best standards of practice. Continuity of personnel shall be coordinated with the Inspector. Attachment A 13 C. The Contractor shall provide a supervisor at the work site during cleaning and application operations. The supervisor shall have the authority to coordinate work and make decisions pertaining to the fulfillment of the contract. D. Dust, dirt, oil,grease or any foreign matter that will affect the adhesion or durability of the coating or paint must be removed by washing with clean rags dipped in an approved cleaning solvent and wiped dry with clean rags. E. Coating and painting systems include surface preparation, prime coating, stripe coating and finish coatings. Unless otherwise approved in writing by the Engineer, prime coating shall be field applied. The Contractor shall use repair procedures, which insure the complete protection of all adjacent primer. All repair procedures shall be in accordance with the coating manufacturer's written recommended methods. It is the responsibility of the CONTRACTOR to provide the ENGINEER, INSPECTOR and OWNER with the coating manufacturer's written recommended repair procedures. The specified repair method and equipment may include wire brushing,hand or power tool cleaning, or dry air blast cleaning. In order to prevent injury to surrounding painted surfaces, blast cleaning may require use of lower air pressure, smaller nozzle and/or abrasive blast particles, or shorter blast nozzle distances from surface shielding and masking. If damage is too extensive or uneconomical to touch-up, the entire item shall be blasted and then coated or painted as directed by the Engineer. F. The Contractor's coating and painting equipment shall be designed for application of materials specified and shall be maintained in first class working condition. Abrasive blast equipment shall be equipped with noise reducing devices, hose coupling safety devices, electrical grounding devices, fresh air hoods, and "Dead Man" switches on all blast hoses. Compressors shall have suitable traps and filters to remove water and oils from the air. Contractor's equipment shall be subject to approval of the Inspector. All equipment shall comply with current OSHA regulations. G. Application of the first (prime coat) coat on the exterior shall follow immediately after surface preparation and before rust bloom occurs or the same day, whichever is less. Application of the first(prime coat) coat on the interior shall follow within multiple days of surface preparation utilizing the dehumidification equipment designed to hold the blast from rust bloom. Dehumidification equipment shall be used for all interior wet and dry areas. Therefore, all blasting and cleaning shall be completed prior to any coating application. Any cleaned areas not receiving first coat within this period shall be re-cleaned prior to application of first coat. All blasted surfaces shall be coated to within 6 inches of the edge of a blasted area. Attachment A 14 3.02 TANK REPAIRS and TANK MODIFICATIONS A. General Repairs - Field welding shall conform to the minimum requirements of AWS D1.1, AWWA D100, Section 8 and specifications here within. The contractor shall ensure welders or welding operators are qualified in accordance with ASME Section IX or ANSI/AWS B2.1. All fabrication and shop assembly shall conform to the minimum requirements of AWWA D100, Section 9 and specifications here within. 1. General Repairs of Foundation, Roof, Shell, Floor, and Appendages — Make any necessary interior/exterior welding repair, corrosion related repairs and general repairs to the tank and foundation. This includes: Repairing concrete foundation cracks and voids by cleaning and filling cracks with flexible concrete patching mortar. Repairing any holes in the floor, shell, cone and roof after initial interior abrasive blasting that unveils any metal loss or pitting by weld overlay, applying 100% solids epoxy surfacing compound. Grinding all sharp edges, weld splatter, arc strikes,uneven weld profiles,and any other defects that do not provide adequate anchor profile and causes a lack of coating adhesion. The inspector should identify any repairs necessary. Plate shall be a minimum thickness 3/16" for roof repairs and 1/4"for shell, cone and floor overlay repairs. Overlay (scarf plate) installation is acceptable on the roof, shell, cone and floor. Seal weld all plate utilizing a welding sequence, which shall be adopted so that plates are assembled and welded together by a procedure that will result in a minimum of distortion from weld shrinkage. 2. Seam Sealing and Epoxy Surfacing—Apply Tnemec Series 215, 100%solids epoxy surfacing compound over primer on areas deemed necessary for pit filling due to pitting corrosion. Apply a Sikaflex IA, polyurethane elastomeric sealant on areas deemed necessary for sealing of gaps as directed by the inspector. The color shall be determined depending on its application step being before or after the finish coat. B. Safety Climb and Ladder Railinu Obstructions: The existing safety climb is a rigid pipe railing and has been determined that a new stainless safety rail is to be installed in place of the existing. There is antenna and conduit attached to the interior of the pedestal and interior dry access tube. It restricts the use of the ladder railing by not providing a minimum of 3"of clearance. The following shall apply: 1. All design and construction shall meet the AWWA D100, OSHA and TCEQ. 2. Interior dry and wet ladders— Provide an TS Stainless Steel Safety Rail fall arrest system by French Creek Production that meets OSHA regulations. The system shall be supplied compete with safety harnesses, trolley and lanyard for one person. 3. Interior dry ladders—Render the ladder railing OSHA compliant by re-positioning the cable and conduit along the ladder rail to provide a minimum of 3" clearance. Attachment A 15 3.03 SURFACE PREPARATION A. The latest revision of the following surface preparation specifications of the Steel Structures Painting Council (SSPC) shall form a part of this specification. The summaries listed below are for informational purposes; consult the actual SSPC specification for full detail. 1. Solvent Cleaning (SSPC-SP1): Removal of oil, grease, soil and other contaminants by use of solvents, emulsions, cleaning compounds, steam cleaning or similar materials and methods, which involve a solvent, or cleaning action. 2. Hand Tool Cleaning (SSPC-SP2): Removal of loose rust, loose mil scale and other detrimental foreign matter to a degree specified by hand chipping, scraping, sanding and wire brushing. 3. Power Tool Cleaning(SSPC-SP3): Removal of loose rust,loose mil scale and other detrimental foreign matter by power wire brushing,power impact tools or power sanders. 4. White Metal Blast Cleaning (SSPC-SP5/NAGE No. 1): Air blast cleaning to a gray-white uniform metallic color until each element of surface area is free of all visible residues. 5. Commercial Blast Cleaning (SSPC-SP6 NACE No. 3): Air blast cleaning until at least two-thirds of each element of surface area is free of all visible residues. 6. Brush-Off Blast Cleaning (SSPC-SP7 NACE No. 4): Air blast cleaning to remove loose rust, loose mil scale and other detrimental foreign matter to a degree specified. 7. Near-White Metal Blast Cleaning (SSPC-SP10 NACE No. 2): Air blast cleaning until at least 95% of each element of surface area is free of all visible residues. 8. Power Tool Cleaning to Bare Metal (SSPC-SP11): Differs from SSPC- SP3 in that it requires more thorough cleaning and a surface profile not less than 1 mil. B. Slag, weld metal accumulation and spatters not removed by the Fabricator, Erector or Installer shall be removed by chipping and/or grinding. All sharp edges shall be peened, ground or otherwise blunted as required by the Engineer. All grinding and finishing of welds, edges, etc. shall be performed prior to solvent cleaning and abrasive blasting. Welds shall be prepared as per NACE Standard SP0178 designation D for all interior and exterior surfaces. Attachment A 16 C. Field blast cleaning for all surfaces shall be by dry method unless otherwise directed. Blast nozzles shall be venturi-type nozzles with a minimum pressure at the nozzle of 90 psi. D. Particle size of abrasives used in blast cleaning shall be that which will produce a 1.5 — 3.0 mil surface profile or in accordance with recommendations of the manufacturer of the specified coating or paint system to be applied. E. Abrasive used in blast cleaning operations shall be free of Silica and contaminants that would interfere with adhesion of coating or paint and shall not be reused unless specifically approved in writing by the Engineer. Selection should be made based on notice that emissions are to be a minimal nuisance as allowed by the Federal, State and Local Regulations and or contained. All abrasive media shall be removed from the facility and disposed of by the Contractor. The abrasive manufacturer, media type and grit size shall be submitted and approved by the Owner. A Blast Media Recovery and Separation System and the use of re-usable abrasive such as steel grit/shot may be used on this project. If approved the following criteria shall be met: The steel grit shall meet the requirements of SSPC-AB 3, Newly Manufactured or Re-Manufactured Steel Abrasives, and be approved for use by the manufacturer of blasting, media recovery, and separation equipment. The initial quantity of grit shall consist of an artificial working mix determined by the CONTRACTOR to produce an acceptable profile in accordance with these specifications. Any used steel grit used on this Project shall be sampled before use by the FIELD OBSERVER and the CONTRACTOR and the CONTRACTOR shall have the samples sent to a laboratory for inductively coupled plasma-atomic emission spectrometry analyses for total lead. The steel grit shall not be used until the results of the inductively coupled plasma-atomic emission spectrometry analyses testing are submitted to the OWNER and indicate that the total lead levels are less than 250 ppm (<0.025%). Blast Media Recovery and Separation System: (1) Equipment Requirements: The equipment provided for the spent abrasive recovery and media separation shall be a portable commercial recycling abrasive blast machine. The re-used abrasive shall comply with the requirements of SSPC- AB 2, Specification for Cleanliness of Recycled Ferrous Metallic Abrasives. The system shall be capable of recovering the abrasive, and returning the spent cleaning debris to a dust separator which shall be an integrated part of the machine. The waste material shall be placed in hazardous container drums in accordance with the Removal and Disposal of Cleaning Residue paragraph of this specification. (2) Equipment Characteristics: As a minimum, the vacuum system used to recover the spent blasting material shall contain the following: i. A double-chambered ASME pressure vessel, which can effectively recycle blast media on a continuous basis, with no interruption, except for air filter back- flushing, media loading to the machine, and removal of collected dust and spent cleaning debris. Attachment A 17 ii. A dust filter back-flushing system. iii. An air-drying system consisting of an air-cooled after cooler, sling separator, and desiccant drier. All abrasive media shall be removed from the facility and disposed of by the Contractor in accordance with the Local, State and Federal Regulations. The abrasive manufacturer,media type and grit size shall be submitted and approved by the Engineer/Owner. F. The Contractor shall keep the area of his work and the surrounding environment in a clean condition. He shall not permit blasting materials to accumulate as to constitute a nuisance or hazard to the accomplishment of the work, the operation of the existing facilities or to the surrounding environment. If blast abrasive is left on the tank floor while painting the ceilings and walls,no paint may be applied to walls within six feet of the floor. G. Blast cleaned surfaces shall be cleaned prior to application of specified coatings or paint. All surfaces shall be free of dust, dirt, and other residue resulting from the abrasive blasting operation. No coatings or paint shall be applied over damp or moist surfaces. H. All welds shall be neutralized with a suitable chemical compatible with the specified coating or paint. 3.04 APPLICATION, GENERAL A. Coating and paint application shall conform to the requirements of the Steel Structure Painting Council Paint Application Specification SSPC-PAI, latest revision, for "Shop, Field and Maintenance Painting". B. Thinning shall be permitted only as recommended by the manufacturer and approved by the Engineer. C. Each application of coating or paint shall be applied evenly, free of brush marks, sags, runs, bubbles, drips, waves, laps, unnecessary brush marks, over spray, environmental contaminants or other physical defects, including shadows, and be UNIFORM in color, texture and gloss. Thus, all coatings shall be applied in a professional manner to achieve the specified dry film thickness (DFT). Coatings and paints shall be sharply cut to lines. Finished surfaces shall be free from defects or blemishes. Cleaning and coating shall be scheduled such that dust and other materials from adjoining work will not contaminate wet or newly coated surfaces. The CONTRACTOR shall submit written detailed procedures for all surface preparation and application of coating, including touch-up procedures. The procedures shall be approved by the ENGINEER and OWNER,with no exceptions, before any surface preparation, application, or touch-up begins. Attachment A 18 D. Protective coverings,masking or drop cloths shall be used to protect floors,fixtures, piping, and equipment. Care shall be taken to prevent debris or any other foreign matter from entering water mains. The covers and plugs shall remain in place until just prior to filling the tank for disinfection. Care shall be exercised to prevent coatings or paints from being spattered onto surfaces,which are not to be coated or painted. Report to the Inspector surfaces from which materials cannot be satisfactorily removed. E. When multiple coats of coating or paint are specified, each coat shall contain sufficient approved color additive to act as an indicator of coverage or the subsequent coats must be of contrasting color. F. Steel surfaces that have rusted or changed color shall be re-blasted in accordance with these specifications. No visible rust shall be overcoated under any circumstances. Painting shall not take place when the atmospheric temperature is below or above the coating manufacturer's written instructions, or above 50°F or when the steel surface temperature is less than or equal to 5°F above the dew point, or when the relative humidity is above 85% unless approved by the Engineer/Owner. Painting shall not occur when the surface is damp due to rain, snow, fog or mist. Painting shall also not occur if the surface temperature is expected to drop below manufacturer's recommendations within 4 hours after coating application. 3.05 DISINFECTION A. Disinfection shall be performed after protective coatings have been applied to the interior surfaces and allowed to thoroughly cure as recommended by the Coating Manufacturer. B. Prior to disinfecting, the complete interior shall be washed down with clean water and thoroughly flushed out. C. Disinfection of interior surfaces shall be performed in the presence of the Inspector in accordance with AWWA C652 Method 2. All the requirements of applicable AWWA Standards and regulatory agencies shall apply. CONTRACTOR shall furnish all labor, materials, tools, equipment and related items to seal and disinfect the reservoir. CONTRACTOR shall submit, for ENGINEER/OWNER approval all gasket and sealer materials necessary to seal all vents and manways. All bolts, nuts and washers shall be of HDG (hot dipped galvanized) construction. E. After the chlorination procedure is completed by the CONTRACTOR, and before the storage facility is placed in service,water from the full facility shall be sampled by the OWNER and tested for coliform organisms in accordance with the latest edition of Standard Method for Examination of Water and Wastewater. Attachment A 19 F. If the CONTRACTOR wishes to have the samples collected and tested by an independent testing laboratory, the cost of such testing shall be paid by the CONTRACTOR and the laboratory shall be required to meet the testing qualifications and to have certifications to do this testing that are acceptable to the OWNER. G. The OWNER shall furnish the water used for cleaning and initial filling of the reservoir for disinfection. The CONTRACTOR shall bear the costs of any subsequent fillings of the reservoir necessary until the disinfection is complete and satisfactory results are obtained and approved by the OWNER. H. It is necessary that the CONTRACTOR schedule his activities such that the initial filling occurs entirely during a low use period as determined by the OWNER. Close coordination by the CONTRACTOR with the OWNER is mandatory prior to and during the filling of the reservoir and until the disinfection work is completed. I. The CONTRACTOR and the OWNER shall have at least one representative present at the job site at all times during the filling of the reservoir regardless of the time of day. If the CONTRACTOR'S representative leaves the job site during the filling process, the filling will be stopped and be rescheduled for a later date. The CONTRACTOR shall pay all refilling and re-disinfection costs due to this inconvenience. 3.06 SOLVENT VAPOR REMOVAL AND DEHUMIDIFICATION All solvent vapors will be exhausted both during and after coating application at a minimum rate of one air change every four hours to allow the proper curing of the coating material. High rates of production may require an increase in ventilation. Forced ventilation as noted above shall be continued for 7 days or until such time as the coating has reached "full cure to immersion" as specified by the coating manufacture. Dehumidification equipment will be used to control the environment in the space 24 hours a day during blast cleaning,coating application and coating cure. All interior surfaces must be complete, clean and accepted by the Inspector prior to the application of any coating. Desiccant dehumidifiers, as manufactured by Munters Corporation and D.H. Technologies or equal will be a solid desiccant design having a single rotary desiccant wheel capable of fully automatic continuous operation. No liquid, granular, or loose lithium chloride drying systems will be accepted. The use of direct expansion (DX) refrigeration type dehumidifiers with reheat may be considered if the expected ambient temperature will remain above 60°F. Below that coils may not remove moisture and, as noted above,reheat alone will not change the dew point. Heating the space changes relative humidity only and does not change the dew point; therefore,not a substitute for dehumidification,unless substrate temperature is high enough to meet dew point differential. The dehumidification system may consist of a combination of desiccant and refrigerant equipment for year round use to maintain very low dew points in the space. Attachment A 20 During the blasting operation, dehumidification equipment shall maintain a lower dew point than outside ambient. A differential of 20°F to 25°F between inside substrate surface temperature and inside space air dew point temperature shall be maintained. In addition, inside relative humidity shall not exceed 40% to 45%. The air change rate for maintaining the above mentioned interior surface temperature and dew point temperature differential will depend upon the type of equipment to be used and the time of the year. Another consideration is length of time required to hold the blast. The volume of space is a major factor in determining equipment type and size. The rate of air changes per hour may be anywhere from 1 to 6 or more to hold the desired degree of cleanliness of the blast. Auxiliary heat, cooling and/or insulation may be necessary to maintain the surface temperature at the acceptable level for the coating manufacturer's application parameters. This auxiliary equipment must be approved for use by the supplier of the dehumidification equipment and will meet the following requirements. I. Heaters and refrigerant type systems must be installed in the process air supply duct between, and/or blended with, the dehumidifier as close to the space as possible. 2. Only electric,indirect fired combustion,or steam coil auxiliary heaters will be used. No direct-fired space heaters will be allowed during the blasting, coating, and curing phases. 3. Heaters will be equipped with controls that automatically turn the heater off if the airflow is interrupted or the internal temperature of the heater exceeds its design temperature or that of the supply duct. 4. The space to be controlled will be sealed off as well as possible, allowing air to escape the space away from the point where the dehumidified air is being introduced. Filter the air escaping the space; the filtration system must be designed so that it does not interfere with the dehumidification equipment's ability to control the dew point and relative humidity of space. Do not re-circulate the air from the space or from filtration equipment back through the dehumidifier during coating application or when solvent vapors are present. 3.07 CONTAINMENT AND DUST CONTROL EQUIPMENT It is the responsibility of the contractor to contain the emissions during the interior and exterior work and protect the surrounding property and equipment by proven means and methods. If full containment of the entire structure is deemed necessary the following shall apply. Dust control while the interior is being cleaned is required and shall be employed as stated in this section. (IF APPLICIABLE) The Contractor shall design a containment system for the work area that will sustain winds up to 15 mph without damage to the tank. The containment shall control environmental emissions and control the working environment within containment so all Federal, State and local regulations have been observed and that the method(s) of Attachment A 21 removal complies with the governing specifications. Nevertheless, in the instance of conflict between any Federal, State or local regulations and the governing specifications, the Federal, State or local regulations shall supersede any requirements contained herein. The Contractor shall thoroughly examine the structure to be prepared to verify its ability to support a containment system including the wind loads that can be imparted by such a system. The Contractor shall submit a drawing of the structure and information of wind screening material supported by technical data sheets for the proposed containment system, the technical data sheet to include: • Wind Resistance of structure and screening • Opacity • Burst Strength • Material Composition • Color • Fire Rating • Thread Count • Ultra-Violet Stabilized The wind containment must comply with the principles of security, which are: • Appropriate protection of the environment from abrasive blasting and painting debris. • Pinhole ventilation (% for retention), allowing for cross-flow of air movement. • Edgings as well as every internal seam are sewn. • Alternate internal seams are reversed for additional strength. • Grommets are spaced along all edges and seams for the wind load to be supported by the screens. • Permeable to natural lighting, unless alternate lighting is to be provided(show that lighting is explosion-proof). • A minimum of 6" tarp overlap will be required as to provide for a maximum possible containment of spent debris. • Shroud shall be erected/installed as to withstand maximum wind requirements and be no closer than 6 feet of the tank structure as to reduce interference with the coating operation. • All rigging attachments must be temporary. • The windscreen containment system shall be maintained free of defects through the course of the project. Work shall be stopped until all defects are repaired. Such work activities inside a tank, tank column, or modular containment is considered working within a closed environment. OSHA, therefore, requires a clean, uncontaminated air source outside the enclosure with an appropriate backup such as another source of clean, uncontaminated air to be activated by merely switching a valve contained on the worker's Attachment A 22 body; air bottles strapped onto the worker; Scott Air Packs attached to the worker's body; or other OSHA approved and accepted air sources. The Contractor shall employ negative air pressure and dust removal equipment for interior surface preparation and coating operations at ALL times during interior work. The air employed inside the tank shall be vented to the outside, filtered, dewatered, and returned to the enclosed space at least as clean as native air. The dust collection system shall at a minimum meet the requirements of a Type J1 Air Filtration system, as specified in Section 5.4.5.1 of the SSPC-Guide 6 (CON), Guide for containing Debris Generated During Paint Removal Operations. The dust collection shall be operated during all abrasive blast cleaning and until the area is clean enough for coating application. The CONTRACTOR shall be responsible for all sizing, design of ductwork, etc., based upon the CONTRACTOR's operations, number of blasters, duration of blasting, etc. The CONTRACTOR shall also take precautions to avoid a vacuum from developing inside the tank, as even slight vacuum inside of the tank may cause damage to the tank. 3.08 CONFINED SPACE: The Contractor shall provide confined space training certificates of all persons who will be working on this project. Certificates shall be submitted to Engineer/Owner before work begins. 3.09 CLEAN UP: Upon completion of the work, all staging, scaffolding and containers shall be removed from the site or destroyed in a manner approved by the Engineer. Coating or paint spots or oil stains upon adjacent surfaces shall be removed and the jobsite cleaned. All damage to surfaces resulting from the work of this section shall be cleaned,repaired or refinished to the satisfaction of the Engineer at no cost to the Owner. 3.10 REPORTING/RECORDS: All work, including inspections, shall be recorded daily by the CONTRACTOR. A copy of each daily report shall be placed in a file kept on the job site. The reports shall include,but not necessarily limited to, the following information: • Date • CONTRACTOR and subcontractor name (where applicable) • INSPECTOR name (where applicable) • Work Identification including: -Type of work performed -Location of work performed Weather conditions, including corresponding time of day, before during and after work begins including: -Temperature (air and surface) -Humidity/dew point -Wind velocity/direction, • Remarks and results of work • CONTRACTOR signature 3.11 MAINTENANCE MATERIAL: At the end of the project before final payment, the CONTRACTOR shall provide the OWNER(2) two one gallon cans of each type and color of coating, primer, thinner, and other coatings used in the field including multiple component materials. The material shall be delivered in unopened,typed-labeled cans,just Attachment A 23 as it comes from the factory. If the manufacturer does not package the material in one (1) gallon cans, and in the case of special colors, the materials may be delivered in new five (5) gallon containers, properly closed with typed, color, and batch numbers. The manufacturer's directions for use and literature describing the materials shall also be furnished to the OWNER in three bound copies and a typed inventory list shall be furnished at the time of delivery. 3.12 DESCRIPTION OF BID ITEMS No welding over coated steel. All areas that require welding are to be abrasive blasted or power tool cleaned as specified,before any welding is started. All structural modifications and repairs are to be conducted and approved prior to the coatings portion of this contract. All welding to be seal welded. All welders shall be qualified in accordance with the current ASME, Section IX or AWS D1.1 (tests as described in AWS 132.1) to the procedures and processes required to accomplish the work. Completed welds shall be detailed in accordance with NACE Standard SPO 178 designation"D". Any full penetration welds on the primary structure of this tank shall be tested by X-ray (radiograph) at the expense of the contractor by an approved 3rd party laboratory in accordance with the governing code and standards. Bid Item 1: Lump sum price for the Complete Cleaning, Overcoating and LOGO Installation of the Tank Exterior Surfaces. All of this work shall be in accordance with this Section"Technical Specifications"Part 2.04.A and Part 3.07. Bid Item 2: Lump sum price for the Complete Cleaning and Repainting of the Tank Interior (wet & dry) and Mechanical Piping Surfaces with Dehumidification. All of this work shall be in accordance with this Section "Technical Specifications" Part 2.04.B,C,D,Part 3.06. and Part 3.07. Note: DehumidiFcation only applies to the Interior Wet Portion of the Tank. Bid Item 3: Lump sum price for the Dehumidification Control to be furnished, installed and operated by the contractor in accordance with this Section "Technical Specifications" Part 3.06. Bid Item 4: Unit price for General Repairs to include the following: Perform grinding, welding and general work to repair corrosion related surfaces or seal weld areas deemed necessary during the rehabilitation of this tank in accordance with this Section"Technical Specification", Part 3.02.A.1. Bid item 5: Unit price for Seam Sealing and Epoxy Surfacing to include the following: Install Tnemec Series 215, Sika-Flex IA or equal NSF approved caulking/surfacing product at areas deemed necessary in accordance with this Section "Technical Specification", Part 3.02.A.2. Attachment A 24 Bid Item 6: Lump sum price for Safety Climb and Ladder Rung Obstructions to include the following: Provide and install a new TS Stainless Steel Safety Rail fall arrest system by French Creek Production that meets OSHA regulation in accordance with this Section"Technical Specification", Part 3.02.B. Bid Item 7: Unit price for Cleaning and Applying Tnemec Series N140F to Surfaces (laruer than two square foot (2 sq./ft.) to include the following: Perforin required cleaning to surfaces over two square foot(2 sq./ft.) in size and apply 2.0 to 4.0 dry mils in accordance with this Section "Technical Specification", Part 2.04.A. This is intended to cover areas that have been identified by the inspector to need a coat oepoxy over the existing coating prior to the continuation of 1 st and Finish Coat. Special Item: No compensation for this scope of work as the contractor shall consider the cost for this item into the total bid amount of the contract. To allow for total access to all surfaces of the tank and to provide sufficient ventilation, dust collection, dehumidification during the rehabilitation, the roof maintenance hatches, dome floor manway shall be opened and become part of the coating rehabilitation. All bolts, nuts and washers on manways,manholes,vents and overflow flap valve shall be replaced with HDG (hot dipped galvanized). All gaskets to be minimum 1/8" thick Neoprene or EPDM material with a durometer hardness of 50 on a shore A scale. All gaskets and bolts shall be field verified and of like kind sizes. END OF SECTION Attachment A 25 02000 PLANS, DETAILS AND NOTES If applicable, insert reference(s) to project plans; details; and notes City logo included in a separate document. R -DA R N RODE —2 DINA NV TG =b SE. EL ONCRE a L kir [ 4COc HATCHES-- *'h, t .- 0111BILL INER PLATE -:TY HANDRAIL - vert w =vH: .E STCFREStiU ACIY JF VET _ _€iADELIP RE_E= Nl -\ 'NC4�CUR !CCNE_R JGME 300E RteER AITE LO 7 ANER's RATS TOPA c TY.NE BEV -(C)\ Yl IF--RIgR ! I DER R +TRE ( _ENTERIINE 'RAL, v JW Nt MIL ,51 3 sDE TAKE z) REMOVABLE SILT STOP DETAIL OFFSET LADDER DETAIL [ N91 T.,SALC NOT-�KALE - ? -R Nsoe. 4HIt,ON TA.N c NTE.. RiJNE FIRE(2) TEU TA K 1 1 ANk: 1111 Ow UNE.I'D j ANNE DET b NED BY 1 CAPACITY I OGIU A.C1 I ANNIG - I t SO CIA, AN kt �_ II —tE RMS Y£Sir E N'.IR ED IONIC111 1 LINEA�n r rF E TRP BOITaM v I \� t GENERAL NOTES 3 IR ON S MOUNTED OFF OF -1 a j 31OMPtETTE TANK SOLAi ON BAA ES NLUD INR(,ARO l .E N ER - 4 MF D N RQ ? EN'E TAS {-• LP-4 '` .. - A,STAR ANDING. WELL EL.,VA #AR4 D,N W EL TE, P�SAT IIm R cR�__,,. 1 SEE MOJ.NIIN LINE - .GESS DD r -- --- -- A ROUND ROCK LL Al SREt 4£91 -. ASD TANK INFORMATION NOTES TANK DESION ANIC CONSTECT-IONTAISI a 11 IFFORDIRCL LA t LAC TILPTION MANHOLE - .OHT I-Al, TE RA.t _ — _ PIGS tE D Ki1FLOU, AND .- - ISH(XM Alm_ R N DE R O . NSEC_SEEN _ P_TPAIN F 92450 TFG*Y RAIL_ E ADOPT M M t _ R RAIL E .1 SEE THE .F ._.}tt 11ROAIINE ' E-0' 'BE D i 1 EY OF RTL E - - ACES XG ` E- 88§OG F-St H TI ET POR PBR A KI -� GIP Nt RE IR { %1 NANDRAAS 1 — � . _ _ I NLESNP FR ET e R.NE i1�J �,CJ' RIP i.A l .I I ON EIV EAE DO (.4dCr2E E.-G E { OEi v C T4A 0 CN.L ALL f E_S l ACBE e 1 A ,Il ER C U TIC GN-111.CREAT'. SYLAM R _TERN i N)NT}`A9Qe£ 1 NE D-FORTH 39'6' 1 EEFFIADDB•.R VS b ANDIAC / -U - - -- _- O.ANN WAL..15lABIDE NPENETRATIM'S FOR 1.i­EETIONNAI.PIP NPER F A.R IFiGAIt— TO ONc ANO H NLRAItS(` T ONAT A G`DMENS!ON 4O`D" _.. _ H- -ANDINGA,YNH SV OR VENTECAIVAN,S_S- i 1 '(( ` TA.K CA11GUY ,'tcQ OOD GALLONS LJSR2 0 C i Q S O Q ORI E RN ICE (E REFER ' - - SHEETSTO 2 -OR I t s T N_ {- N i.OJT E PIPE SCE E'JAMLIER Ll _ Y Ob4RFLOW L F- K.REFER O ACTEI L>R EL ., vC AL k[ATS AND _yrgJ Fes. { i A l I; = {^ O R1IG IME <E S6' TER RE AORCII -0NCRET£ _ F SLPP(N P E 1 �' SPECIFIC NOTES. AT CKNtS OF WALL NK DR 51>E €2" TER C'E.D 11R ED 8. ` .. _ _ K ES "PE E E w TANKS GOR [ _ \I\j YrE HEAO I —11 L LANNI D 9MEh 3�i2 D M{TER- - �"�A BE DETERMINEDTHE TANN ONTRAC OR G T E L FO W DE CUT ING UOOR - { T L _ e E BE R G IFlED AND THER_ D TF OTE REPORT }1 �i t HFIN Ne€ 1 PEDESTAL, it SIE N L A DB DE AI 9 R'LEC C EDl C GINCS AND HAREPAILS HER - I 9Ti E DTTAIH_ F_ AN C PITY) tiG 2- Lj ' %J �COt SAN 2PO.E >�5 ) OPENING IN RNGWAIt -- FE D H DD Aki _,_ti �,' ) I I OYAa HERS \v GATHT�. R OW LNE(< - S E O COL ON GAN lel R-CEN INCH E R E:. - +. OR rCLAR1TY1 \ (p(QT2G GBNR _ i DI.T B.I-CATLRE(P) ,a ISE—A- �...\ Ctae CANC111 I At'1. T A+ 11 �! FIE(G R P PRO L E EXPANSION nH R A DISCS STAR AND TOP FOl ND IiTN ._ 4 Y 31 1 2t l rT -ITALITH �NRE ETA 6N.-KCFOR DESIT OF AAB CJN1H0.SO N1R }O N -1 AT ROCM RE"_ FA ? LE'�1 X10 TR LF! Pt 1F Y! E R lU ill. _1 ..S N R R 0 AB . MLAID,. IU E RETAILHErGRAOE LINE IS N4IA uRE�E(B<�cFO6T E EN E E Mbv I � 1/11,111 S (AA E u c. r a E m wm o s rz�zs. ).RM e REIONCRE THRUSTBLOCKNG E .i - .h ILb M\ AMNMl `1 AFRA, i ] \ PIPE'RETEION �\ `B CA.B11 B'>T POINT INK i .H.OUGN MNGWAI t,-, \ - { 7S U, 4 A' O M A,.LEASE Mr_ f -f ` /HEAVYD Y'ESTRIG DE ACE,A 0 _ S DS E-sTA !DART a ELECTRICAL ES _ R NS A I 0 DE tECITING. OVERHEAR J-R N9 CTRs NOT SIAT A TE F F aw RANEE oR£ owcBAR\ I G _A ABOUR.s Ane PEDE _-..... - -_ _- :1s CN L T C`.!. Ol I t TH _ TO HAK E _"Y - 4 STI �j a l AM_ (•�EXEND ROA 411N ANETHROUGHFu L EBEYN OFARE RJR A..;(ADO T ILLUSTRATIVE ELEVATION ry'.& "sp, \ 'Rel Toe E LO4 c - RELAY PAN ... SEE c E Or OU DA ER ERTSTA u ENDS. NOT T _CAL 4�ys cW' �" €W t Gn (PRIMARY AIV..../ NEAR t(.E TN _ET=C-C2 FOR"oCATION H ,OLIPMENT, s rthttttitititt�� - ks!\I V�1 ! �� 1,tnnnnr`ABli R CITY' OF ROUND ROCK„ TEXAS STANDARD DETAILS i I wALs "'. i T$;ocuMENT IS FOR-i• ONNERS �sE AS A RECORD sET OF THE '� IcAVAED PUB!IC WORKS DEPAR TMEN? PROCESS .. A r. >eo� I a. m R Cor+SsxucTED PROJECT s BEEN MORTIFIED FROM HE R,NAI. OUND ROCK WATER DiS TRIBU TION SY Eh1 1 COLAs R CTION DOcuME - c INCLUDE REASONS AND as'RUCTION i ANDARD COMPOSITE hFIATED C ANGE5 A E D_D BY THE G NERA OU RAC:OR, T 1 i -- j 1 S t QR RE t.-w rEl IHL DOcu ET NO o BE Eo r E y vAL _ CONTRACT LA0. 6 — 81 SOUTH D€ ,Y:. HDR Engineering,Inc, R ISSUED OR SP CC ON OR OTHER PURPOSE H L€T '�✓rp// �E`s (STANDPIPE DEMOLITION AND ELEVATED j ELEVATED STORAGE TANK DETAILS , - PRIOR oNSY:LrAT _ _ D APPROVAL e.HOR EN- LEDING, 4 �MEWAUFA WATER STORAGE TANK CONSTRUCTION I ?^ AND THE ENGINEER RESPONSIBLE FOR SATING lYS OCT^-UMENT h �$C4 t.ASL€IXJRG rR a 3.2 South 81 CET The South 81 tank is now 19-years old and has started to show signs of coating degradation in the top coat on the roof and some areas along the shell and cone. There are limited areas where the underlying base metal is exposed where the finish coat has started to flake off. Chalking is evident from the UV exposure that affects the overall gloss retention and esthetic look. The exterior coating is a candidate to receive a full exterior overcoat. The interior coating has begun to fail at areas above the HWL and along edges and seams. Some coating delamination is found along the shell and interior appurtenances. A complete interior coating removal and re-installation is recommended. MEMO ' EM 9 0 / r t �Dr �i iV / „ ,`. ,,,, ,,i/ ,,,,/////rrr,,,,,,,,,.,/ri... , iii /�� ,,,. ✓ ///// /// o:..� r ..„ �n,;.=z r� r ,,• ii ,;; ,,, s��;„ %/ .�:. /r rrrrrrrrrirrrrrrr rill„ / /iii r / /ri' ✓ r r r u r r ,. /i ✓ r„,,,„ ,.. r /ir./.✓.,,,u-/./ r/rrs,,, /iii .:.. /iii,,,,,,rrrr „, //// ..„ //// ��.... rrr /ii,s,,,,,,rr ,,,,,,,,,. ✓ ;, r„, /ii rrr,,, rii rr /ii„„� rrr /ii„„, /// /// ��.... ”/ii /// ,,,,� '/ iiii� /.�. ����, .rii/�� ,iii �..,'. ..�r��� ' �' ';'h�iC�4.4 �'✓ iir/ /. / ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, rr rr„„ / :..,:” / ✓ ,,,,,, .../�, rrrr,,,, rill,,, /iii ,,,,r „ y„ ,, ,„ ,,; r, ,., /, ✓ir fiiii "iiiii/. /�����., /�����rrrrrrrrrrrrrrrrrrrr .., //// / ,.:..., ✓���, /..../////iii , / ,...,, .>..f//ii/////!,'r/�... / ... /,�� iii//i!f// '..///////�rii�iirrrrrrirrr ..../��iiiii //,,,<rir, //ii l✓/i /////; ,,r rr/ „s „ ,,/r� ; l/.. o/% „ /,,,,„ /�'. ////////„riiiirrrrriirrrrriirr% <./.ri ..� �. � ,/,/i /.. ✓ice// ,,,,///////iiiiirii� /��iiiiiii��...