Contract - EAR Telecommunications, LLC - 2/10/2022 1.,
CITY OF ROUND ROCK
TRANSPORTATION DEPARTMENT
ROUND ROCK TEXAS
Project Manual For:
Mays St Intersection Improvements
N. Mays St at Bowman and Logan St
December 2021
Prepared
. ® 0 F 1.412,114/2021
ICA ROVEDBY SHAUN E. SPIVEY
C1 A TORN' Y 0
: 114567too ®
r
j"y�r TBPE Firm Registration No 1046
Mays St Intersection Improvements
N, Mays St at Bowman and Logan St
TABLE OF CONTENTS
Sectioesi do azes
00020 Notice to Bidders I
00100 Instructions to Bidders 4
Exhibit A 1
00200 Bid and 2
00300 Bid For 14
00410 Statement of Bidder's Safety Experience 1
00500 Agreement 5
00600 Insurance & Construction on Forms
Performance & Payment Bond Instructions I
Insurance Instructions 1
00610 Performance and 2
00620 Payment and 2
00650 Certificate of Liability Insurance 2
00700 General Conditions 41
00800 Supplemental General Conditions 2
00900 Special Conditions 5
01000 Technical Specifications 4
02000 Plans, Details and Notes 69
8-20 1116, 1 able o f0ontioasts
010091101665
00020 NOTICE TO BIDDERS
NOTICE TO BIDDERS
Sealed bids addressed to Matthew Bushak, PE, City of'Round Rock, Transportation, 3400
Sunrise oa ound Rock, TX 78665, for furnishing all labor, material and equipment and
performing all work required for the project titled, Mays St Intersection Improvements—N. Mays
St at Bowman and Logan St (project includes installation of traffic signals and other work as
described inthe plans, specifications,and contract documents),will be received until Wednesday,
January 12, 2022 at 2.00 p.m., then publicly opened and read aloud at the same address. Bid
envelopes shall state date and time of bid and "Sealed Bid—Mays St Intersection Improvements".
Bids must also be acco�l Dani i a "Statement of BidderExperience' nclue .s?„
Section 410 of the Proj�gqLhjanuLaL No bids may be withdrawn after the scheduled opening time.
Any bids received after scheduled bid opening time will be returned unopened.
Bids must be submitted on City of Round Rock bid forms and must be accompanied by an
acceptable bid security as outlined in the Instructions to Bidders, payable to the City of Round
Rock, Texas equal to five percent (5%) of the total bid amount. Plans, Bid Forms, Specifications,
and Instructions to Bidders may be obtained at the following web address:
bjt n vcastusa.com.
p�:/)www.roundrockte,N4&Vv,�businesses/solicitations! and ht S./�www.ci,,
................................................h��
Bidders shall be responsible for printing or obtaining prints of teaforementioned
documents as necessary. For questions please visit the link above and post any questions via the
CivCast posting.
In case of ambiguity,duplication, or obscurity in the bids,the City of Round Rock reserves
the right to construe the meaning thereof. The City of Round Rock further reserves the right to
reject any or all bids and to waive any informalities and irregularities in the bids received.
The successful bidder will be expected to execute the City of Round Rock's standard
contract and to furnish performance and payment bonds, all as described in the bid documents.
Contractors and subcontractors shall pay to laborers,workmen,and mechanics the prevailing wage
rates as determined by the City of Round Rock.
Publish Dates— Round Rock Leader.
December 23rd and 30th,2021
0010.01 G.0..20111 5
UO 1119 1091�3 Page I
00100 INSTRUCTIONS TO BIDDERS
INSTRUCTIONS TO BIDDERS
I Prior to submitting any bid, bidders are required to read all drawings (plans), specifications,
and all other Project Manual and/or Contract Documents carefully; to inform themselves by
their independent research, test and investigation of the difficulties to be encountered and
judge for themselves of the accessibility of the Work and all attending circumstances
affecting the cost of of the Work and the time required for its completion and obtain all
information required to make a bid.The aforementioned documents may only be obtained
from the City's website at the following web address: www.roundrocktexas.y.O--V/
businesses/solicitations and www.ci,*,castusa.com. Bidders shall be responsible for
printing or obtaining prints of the aforementioned documents as necessary.
2. Should the bidder find discrepancies in, oromissions from the drawings (plans),
specifications,or other Project Manual an&or Contract Documents, or should he bei doubt
as to their meaning, he should notify at once the City and obtain clarification oraddendum
prior to submitting any bid. Any addenda issued will be posted with the documents at the
web address mentioned in I above no later than two business days prior to the Bid
Opening Date. Prior to submitting a bid, the bidder is responsible for determining if
any addenda have been issued and for following any instructions required in any
addenda issued.
3. It shall be the responsibility of the bidder to see that his bid is received at the place and
time named in the Notice to Bidders in the Project Manual. Bids received after the
scheduled opening time will be returned unopened.
4. Bids shall be submitted in scaled envelopes plainly marked "Scaled Bid" ads owing the
name of the project, the job number if applicable, and the opening date and time.
5. Bidders shall be responsible for submitting a copy of the City's Bid Form, Bid Bond
Form, and Statement of Bidder's Safety Experience from the Project Manual
documents posted at the web address as described in I above.
6. Bids shall be accompanied by a bid security consisting of a certified cashier's check in an
amount not less than five percent (5%) of the total maximum bid price, payable without
recourse tothe City of Round Rock, ora bid bond inthe same amount from a reliable surety
company, as a guarantee that the bidder will enter into a contract and execute performance
and payment bonds,as stipulated by item 16 below,within to (10)days after notice of award
of contract to him. Bid securities must be submitted in the same scaled envelope with the
bid. Bids submitted without a bid security may not be considered at the sole discretion oft e
City.
Page I
00 1 OD 2 202 1 linstinwficims uo Bidders
0104264�87
awarded the bid, bidder must submit Form 1295 on the Texas Ethics Commission
(TEC) Website at https:/Iwww.ethics.state.tx.us/whatsnewlelf info form1295.htm and
submit the signed Form 1295 to the it Clerk at s iterd:roundrocktexas.gov, within
ten (10) business days of notification of the award. Instructions for completing a Form
1295 are attached as Exhibit"A" to the Instructions to Bidders.
8. No conditional bids will be accepted.
9. A bidder wishing to withdraw his submitted scaled bid prior to the scheduled bid opening
time use do so by presenting in person a written request signed by an authorized
representative oft e bidder to a City employee at the location for which scaled bids are to
be addressed. No telephone, facsimile, oremail requests will be accepted. The City will
expend the time and effort that the City in its sole discretion determines is necessary to
investigate the authenticity of a request before complying with a request. The City shall in
its sole discretion determine if the City will comply with a request and the City shall not be
held liable for not complying with a request. If the City does not comply with a request, the
request shall automatically become null and void.
10. A bidder wishing to revise his scaled bid after submittal but before the scheduled bid opening
time must first withdraw his bid as provided for inthe Instructions to Bidders and then submit
a scaled bid in accordance with the Instructions to Bidders. No revisions to a bid will be
allowed after the scheduled bid opening time. The bidder shall be responsible for ensuring
thea ount of the bid security is asspecified inthe Instructions to Bidders.
11. All bid securities will be returned to the respective bidders within twenty-five (25) days after
bids are opened, except those which the City elects to hold until the successful bidder has
executed the Agreement. Thereafter, all remaining securities, including security of the
successful bidder, will be returned within sixty (60) days.
12. Until the award of the contract, the City reserves the right to reject any and all bids and to
waive technicalities; to advertise for new bids; or to do the work otherwise when the best
interest of the City will be thereby promoted,
13. In case of ambiguity or lack of clarity inthe statement of prices in the bids, the City reserves
the right to consider the most favorable analysis thereof, or to reject the bid. Unreasonable
and/or unbalanced prices submitted in a bid may result in rejection of such bid or other bids.
14. Award of the contract, if awarded, will be made based upon the criteria set forth in Section
2269.055 of the Texas Government Code. In determining the award of a contract under
Chapter 2269, the City may consider; 1) the price; 2) the bidder's experience; 3) the quality
of the bidder's goods or services-, 4) the impact on thea ility oft e City to comply with rules
relating to historically underutilized business; 5) the bidder's safety record; 6) the bidder's
proposed personnel; 7)whether the bidder's financial capability is appropriate to the size and
scope oft e project;and 8)any other relevant factor specifically listed inthe request for bids.
Page 2
00100 2-2021 Instructions to Bidders
00426487
15, Award of the contract, if awarded, will be made within sixty (60) days after opening of the
bids, and no bidder may withdraw his bid within said sixty (60) day period of time unless a
prior award is made. A Notice to Proceed will be issued within sixty (60) days after contract
Execution Date as defined in the General Conditions.
16. Within ten (10) days after written notification of award of the contract, the successful bidder
must furnish a performance bond and a payment bond in thea ont of one hundred percent
(1001,6) of the total Contract Amount. Said performance on and payment bond shall be
from an approved surety company holding a permit from the State of Texas, indicating it is
authorized and admitted to write surety bonds in this state. In the event the bond exceeds
$100,000.00, the surety must also (1) hold a certificate of authority from the United States
secretary of the treasury to qualify as a surety on obligations permitted or required under
federal law; or(2) have obtained reinsurance for any liability in excess of$100,000.00 from
a reinsurer that is authorized and admitted as a reinsurer in this state and is the holder of a
certificate of authority from the United States secretary oft e treasury to qualify as a surety
or reinsurer on obligations permitted or required under federal law.
In determining whether the surety or reinsurer holds a valid certificate of authority, the City
may rely on the list of companies holding certificates of authority as published in the Federal
Register covering the date on which the and is to be executed.
17. Failure to execute the Agreement within ten (10) days of written notification of award or
failure to furnish the performance bond and payment bond as required by its 15 above,
shall be just cause for the annulment oft e award. In case of annulment of the award, the bid
security shall become the property oft e City, not as a penalty, but as liquidated damages.
18. No contract shall be binding upon the City until it has been signed by its Mayor after having
been duly authorized to do so by the City Council.
19. The Contractor shall not commence or under the Agreement until he has furnished
certification of all insurance required and such has been approved by the City, nor shall the
Contractor allow any Subcontractor to commence work on his subcontract until proof of all
similar insurance that is required of the subcontractor has been furnished and approved. The
Contractor's insurer shall use the certificate of insurance for included in the bid documents
or the standard ACORD form.
20. If the bidder's insurance company is authorized, pursuant to its agreement with bidder, to
arrange for the replacement of a loss, rather than by making a cash payment directly to the
City, the insurance company must furnish or have furnished by bidder, a performance and
in accordance with Section 2253.021( ), Texas Government Code, and a payment bond in
accordance with Section 2253.02 1(c).
21. Any quantities given in any portion of the Bid Documents, including the drawings (plans),
are estimates only, and the actual amount of work required may differ somewhat from the
Page 3
00100 2-2021 Instructions to Bdvrs
00426487
estimates. The basis for payment shall be the actual amount of work done and/or material
furnished asspecified in the General Conditions.
21 Bids shall be submitted on a separated contract basis. No Texas sales tax shall be included
in the prices bid for materials consumed or incorporated into the Work.This contract is issued
by an organization which is qualified for exemption pursuant tote provisions of Section
151.309(5) of the Texas Tax Code. The City will issue an exemption certificate to the
Contractor. The Contractor must then issue a resale certificate tote material supplier for
materials purchased. The Contractor must have a valid sales tax permit in order to issue a
resale certificate.
Upon obtaining consumable materials, the Contractor will issue a resale certificate in lieu of
payment of sales tax, and the following conditions shall be observed,
I The Contractor will transfer title of consumable, but not incorporated, materials to the
City at the time and point of receipt by the Contractor;
2) The Contractor will be paid for these consumable materials by the City as soon as
practicable.Payment will not be made directly but considered subsidiary tothe pertinent
bid item. The Contractor's monthly estimate will state that the estimate includes
consumablest at were received during the month covered by the estimate; and
3) The designated representative of the City must be notified as soon as possible of the
receipt oft ese materials so that an inspection can be made by the representative. Where
practical, the materials will be labeled as the property oft e City.
23, The Contractor, after execution of the contract and pursuant to Internal Revenue Service
(IRS) regulations, shall furnish its Taxpayer Identification Number (TIN) to the City. The
Contractor shall provide the appropriate information on a ® for (which can be provided
byte City upon request). This for shall be submitted directly to the City's Accounts
Payable Department to ensure security of the information.
24. If the Bid Form includes Add an&'or Deduct Alternate bid items and/or otherwise provides
for Alternate bids, the City will determine whether to select or not select one or more oft e
Add and./or Deduct Alternate bid items and/or Alternate bids at the City's sole discretion and
for its greatest advantage. If the City selects any Add an 'or Deduct Alternate bid items, the
total bid amount will be determined by adding thea o nt of the selected Add Alternatc(s)
to, and deducting the amount of the selected Deduct Alternate(s) from the Base Bid or the
selected Alternate bid,
Page 4
00 11 M)2 20 2 11 �n:mucuions to 1110ders
(X0426487
EXHIBIT "A"
FORM 1295 INSTRUCTIONS
Pursuant to Section 2252.90 oft e 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 as disclosure of
interested parties (Form 1295) to the local governmental prior tothe execution oft e 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 it 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 tothe following website:
hnps, /www,cm'cs,state.tx-usif i I jnginf412955 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 tothe website application, the business entity must
create a Usernarric 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 aft e initial agreement if this is a supplemental agreement ®only
put the project name.
Even if a business entity has no interested parties,Form 1295 still must be completed using the website
application and filed with the City Clerk. Please note that there are very few instances that a business will
not have any interested parties. Visit the TEC's1F,AQ0,% 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.
V The signed Form 1295 must be scanned and e-mailed directly tothe City Clerk at
,-whit L
s ,irq!y& gk!g2g!�,
...
..+chit....!� spy as soon as it is completed. DO NOTsend the for back to the Purchasing
Department, Project Manager, or mail it with signed original agreements;contracts.
The City Clerk only has 30 days f1rom 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
Supplc mentals, 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: LWhite� oundrocklgxas,&
If you have questions regarding the actual form or the online filing application, please visit the TECs FAQ
page: WV i'/www,cth ics,state,tx,,us,`rcsources,TAQ&�FAQ FqrriL1295�, hi
–111-1..............._1__......._.._._1__1.........
tU.,vusecl 8,202()
00200 BID BOND
BID BOND
THE STATE OF TEXAS §
§ KNOW ALL BYTHESE PRESENTS:
COUNTY OF WILLIAMSON
That FAR F171 FCO MMI MICA 4 i0rNs s fl o DBA FIAtrTC aft e City of . .. .... Manor County
of Tram's State of Texas as Principal, and
nited Fire C,asualt ,Comp F m. authorized der the laws of the State of Texas to act as surety on
'�;nds for pri ci als,are held and firmly bound unto t eCITY OF ROUND TEXAS("Owner"),
ROCK,
int e penal sum of Five Percent(5%)ofthe total amount oft e Bid of the Principal submitted tote Owner,
for the Work described below; forte payment whereof, well and truly to be made, and the said Principal
and Surety da herby bind themselves and their heirs, administrators, executors, successors and assigns,
jointly and severally, as follows:
In no cases all the liability of the Surety hereunder exceed the su f( Five Percent of Amount Bid
mrt.
Dollars Seo of Amount i...
THE CONDITIONS OF THIS OBLIGATION ARE SUCH that, whereas,the Principal has submitted
the above-referece i tote Owner, for construction of the Work under the "Specifications for
Intersection.I �roveE�entsx ads",Bowman anLo a....St
Construction af... a s ....t .... d....
99
..,�., ........ iiiii.,.�i, ilii.i. .,.,., ...., .... .__,.,.,.,.,.,.., _.,...�, .�.„ ..d.... ,..,,.... .... .. .. .. ..,_..._.
for w is ids are to e opened at the office ofOwner on the 12th day of
January 20 22.,,,
NOW,TH EREFORE,ifthe Principal is awarded the Contract,and within ts time and manner require
under the"Instructions to Bidders,"after the prescribed forms are presented toher/him for signature,enters
into a written Agreement substantially in the form contained in the Bid Documents, in accordance with the
Bid, and files the two (2) bands with the Owner, one to guarantee faithful er ormance and the other to
guarantee payment for labor and materials,then this obligations all be null and void;otherwise, its all be
and remain in full force and effect.
If, however, Principal fails toe ter into a written Agreement with the Owner in accordance with the
Bid or Principal and Surety fail to timely deliver to Owner the performance and payment bonds required
y the Bid Documents, Surety within five( )business days after receipt of a written a from wner
shall pay to Owner the full penal sum of this Bid Bond,subject to the limitation described herein.
In the event that suit is brought upon this Bond by the Owner and judgment is recovered, said Surety
shall pay all costs incurred by the Owner in such suit, including a reasonable attorney's fee to be fixed by
the Court,
IN WITNESS WHEREOF, the :said rincipal and Surety have signed this r strurns t on this the
7th day of e month o January 2022
m.A4t i4_i.J.c.OM rJuwii qh ii iaru _i_a_ ,MDRA E r RTC Unite .,.ire Casualty C2m2Jany
rincipalS
urety
�
" J Sati e
David
Printed Name _ wA .. .. Printed •..a
me
�( . y
BY r
Title "title ,�ttori a Ire act"
e___ ___ _______._..
Address: 14719 I„pS Hd yy 290 East Address; P.O. Box 73909
Cedar Rapids.-IA .�m.... .... .......
2407
00200 4-20241 Bid Bond
Resident Agent o£Srcy
Signature
David T Satine
Printed/\/c
!mom__Road,S_ 1#
?±d Address
rlpRgSp, 7 ,:,: .
City, /%Zip
.
44002
0020044 2020 maw! Q
00443638
Un
UNITEDFII�I�a�°('I�SIrAl.'rY CC)h�fFANY,Ci'I)AR I�U)S IA ltnalulriesa Surety Depiant ernt
UN
1�tm'1'11,D FIRL& II�t3l°MNIl-'COMPANY, "F:f3ST_Lft, X 11 Secant]Ave SF
FINANCIAL PACd IC 1 Stn CY COMPANY,ROCI LIN,Cie Cedant arpids,I 52401
Ihu aUf�FlrV(SaE CER-11111 I)Ca84aYOII Pt}F�^FR 01-AI 1ORNI Y
(original On file at I idAnne OffiLe Of Il"aatltlapan V -See C ert'Cication')
IGKO%V ALL,[ER'.3,ONS BY'ITIESE PIU7SIXI' ,'17tat OnEited Fare&Casualty n:,"asnnpi inv"a Corporation darty org4ron t ed arxi exislinng undcr tlhe laws
of the State of Iowa, United Fire & Inde qty Company, a corporation alt-dy sargaarizand n;xistsrng under the la`vs of die Slate of'(exas, and
i
Financial Pacific Itlnstnram c Company,it corporalnnn daily organized and existing under°tate laves of the Stale of C;alifonnina(herein collccuvcbt craaHcd
tape Cooripiatniets)„and hanwinig their corporate headquarters in Ce&tr Rapids,,State of io%a deaeia,,iritiko.a ccAns11i me and ialilitaint
DAVID T. SAiTINE, WARREN ALTER, JONATHAN BURSEVICH, EACH INDIVIDUALLY
their tnie and lawful A uurrncy(;,)-hi-Fatlo wide IAcrwef and atakh rruty harclag (xid"eliLd to sign, sIcal arnd e;n:LLUte in eta 4Adiasll`all lawful bonds,
anndertaukiogs and crtliev obligmory instrauinnents of silrnnilar nature paxivir,ed that no single obhgaafion shall exceed $20000,000,00
and ro bind lana~C oragknnies thereby as findly and ld)line sanne eaadennt sus d such inns nniemats wwcrc signed by tans«duly a ikthorizLd officers dal the C orillliannies
and all ail the acts of said A iionnney„pursuant lar the aurthornty hen"eby given midi herelny saatnfied and confirmed
`he AuullQnrrily lncrelry granted is continuous and shall femannn in hill force aid effam:t unnial revoked by IFnite:d.He& Casualty t,.'onnnpmiy, IJnnnled I the&
fiaideinnnnllu:;y C."anxnnl'naaay,uuud d=Qnnaniciad f�aia:'tlic fnaL^aatlratltla:r;Cnnrtlrl'Aarny.
"Innis IPower and AUEimey i%madeand eaeeented p urskiant to and by a u dlority of the following hylaw Raq.IIly a4.f pled on May 15, 2013, by ihe Boards,of
1ClirecadAn�aaf CDnbiie�IFiun°�Castl�tllty Ccilntlparuny`,Crtltlited 1^ire�:drna,d'eiunnnity t;0.nnipiartly,annd 1'inauncir�d Pacil'ila dnnsanlrannc;e t"`rir�lla«wany
Arficle%i -1�ur fy Honds and U ndleutulkhags"
°Suc4:iunn 2, ApapArbho mlenar aYf.P'h,C@ILmncy-iRn•dact... '.,.Thu P.rc:i mht aro any Vnx I4C "+Pdvlc,w el 4y otilca9Dlln4ur of 9lic Companies may, rh9.m 61111R nab finle, nn(.YIMint
by Wb XIIV.ca q.
e er411lT ate anrarmePo:y�-lino-faen rdro wo in behalf of none caromgnana c,in the exn:cation wroduae,,M dPpohr'auce,bood%, Ind 0 heT obfild;,atury i n%1rantmcn1n,of like mann
tre
1�ID SOL Grdn da9' 4r I"n$m'aAl ee['49bRfn9rorn2hfif ppelf y,mid Brine t�4�1 p'hbrAt::deagl,innay°h:irfl ed Irw"mesnninle tab awry axwell of anonnev of,nbeciall 1Mbnw'ea 0.Vf antonocy
aar ceirtnfneauunn of J
eix1mu at0.Ql ori?ed heTeby: �tn& �igrwt uw and wal,when arca un4.ncrtd,being adopted by tae L`ananpirnia,�an,the orapaanal M,i.pawrrr of 'etch officer and nhe:original vasal anm
ohe
Caalnpao ivn ,u b,,m, valid:mond hi n dinng upon the a cPmrnlpwiicr.wwoaln ndw s acme Ed'4ree and effect a,rnnara�na znnarn mnly affixed. suxdn anvntcy"-iin-faco,ht6lroJ uei to
the dunnr.i urns>rni,wt of
Girth in 06 re%peenia'e eerlificante,(69116abr4y%hall haw's fannl Isom;Ir naw bind Blue Ccampanliu,.by their q.ug tmw and execdemm ofany,u do in',urauanaerot,and To aarna ch the
,ei0
the CompuG.aaie,,thewous, '11fle'd"Ila"~iuUearo'!%DE any Vice I°ry iaderut,the Bu'Paad of Direeiunrs aua any;eihui ebfficei oL rune Cotangroaeurone,may at array nnnne te%oke gall
p %vret~orad ati»nBroaruuty
prura'inu,lly ltivc n taro any aattabmey-i"-fuact.
g0..,poG-,Y$VaYy{",,„„
R^sIllII ASS WI IEE 0F,the Ct1NII II?S have each
caused
liese ir^senv to be signed bN it-,
"h#b* 4,0" W byavice president miliLsCQn)orjte.eall 10 IV hereto`fn.ddnro "d day Dvrtn ", 2019 4d '
m
~ rtraWvarmxrme p cqurrcldbuana4aa,' =: UNI lI?1Ddw1 °l`alKl.°A^ laAAll.'lYCOMPANY
a
I.1NI`I1191 IRI,&INlAFMINI I`Y COMPANY
d0.NANC.'I l PACIFIC IC Ilxw°tiICIp:4�NC E,t:"d DIiIPfA,P��"
dpp0 PK.affh qhy fBgpBan'a 11'da�abktia' .riff
Pee PIIG�WaR`'�`
Pout III !,4 ti4+r�nrox�
By:
SURteofIowa,$..otannl,lofLannn,ss: Vice
�ncu.IF°resideant
On 3r°d day of December, 2019, before useprtu rson at'lyo caste DennJ. Richma nrn
to ane Ik,nu%ni,whoIAeanng b incIdully s%onn'd,,did de° se an&9.say;dial lie iiesldes in C dim aI id.,%,Slaw Of 10%d, didl..Ike Q"+d ViU Presidmat of hlnrnted Fn e
C"aslialty coampsany, all Mice Presndenr of FUrunled Fire & InAdennnity C onipany,, and a Vice President of I"umaan WRI doaeifie InsWannnce COtnnfnany die
coip°asua tions described in and %duch e,xe,°clawd kine Ax wee instrtnnn4:�rcnt; khat he knows the seal of said corporations, that tine seal affixa,%l to die q;iid
unstrurnetal is sucla corp raUlr:seal;dial it%aas so afdixcd paanrstuam uti atal"rhy given ley 111E,Board riI°Iyire icnr� of ward cxngmralivras and dnat he sigined anis
nnanic thereto pursuant to lake anrliconty,and achanoww1cdges sasnnne to be the act and deed of sapid corp oralions
WOOPatti MdddMi
low a INotanai Somirailssiam uiuutn r'�t3274Pwuu&�,Ellm) Public
U Coaananitmio i IExpilres=6r2022
Ml co ni nn ssioii expires: 10,1261-2,1022
1.,Mdy A. Bensda, Basis nt Setrelat'y of thule4d Ftlre&C;astranlly Company anand Assislamn Sea relary o l mild l'in"e fin.".ludennnncy Co nkpainy,annd Assistananu
Secretary of Fnnannctta Pacific Insurance C oonppanny,do liLrehy ceon,rdy that d haiw'e Compared the foregoing cagey o flit.llom cr of Artornney and affidavit,and
the.appy of the Se tlou,of die hylawws ataail tla aiidluutiewnis of said C"(Arp oralionns as sat faarih in sated Power of d tiorrney,with aha.t RKAN 1.ILI;ON Flll I:`dN 1111:
II0MIL 01,11CIF OF SAIIT C-ORPt RAII IONS,and that the.sainne arra:correct trantlnscrifws tatr.^tucof,,and ref ufue whole of the said originals, and natal ria^ said
11o%I,IT aafAtiorney has not been revoked sand i:;now in ful,I fbree ainnd effect,
Itln tesli¢n olry ww herex)f I In ve tierequike subserib d nay inanne and affixed dict corporals seam of the said C orp oratioos
tdiis ._ day til Januaq 'tp._ ....
bya0.4G GenGPPPpa ythMtbb4@ @Yd pp®pp ,ggs'44Y6YYW9Y�dYgkd
W 44.rIR1f'%AIm,Rba' tl'w �°01�
4,GLN�''?
W mm fly rtµSII r<apwaswuwt,nu woaacon tar}',
PRp� YO%64bbaq&gq �pvB�P�G4PflA�bagghh °fBd�o 1L4�'
(Y 1464�q P:III�w;.L Ill°a�:l adz l°�dblC.
11111 na`h.t9049 112 1�
i
n
�r
R..&rxded#ke&Qr o;by t rpiwi y
Odnded Fkv&BrrLk indy Company
U Fkrmrr(,kjh Pacikic ensur.vcpg Curlipply
5URET dYA
IMPORTANT NOTICE
OBTAIN INFORMATION
You may call United Fire Group's toll free telephone number for information or to snake a complaint at:
0®343-913
You may also write to United Fire Group at:
United Fire Group
ttn: Surety Department
P.O. o 73909
Cedar Rapids,IA 52407-3909
-or street address-
United
d ress-United Fire Group
Attn: Surety Department
118 Second Avenue S
Cedar Rapids,IA 52401
You may contact the Texas Department of Insurance to obtain information on companies,coverages,
rights or complaints at:
800-252-3439
You may write the Texas Department of Insurance at:
Consumer Protection(t 11-I )
P.O.Box 149091
Austin,TX 79714®99091
Fax: (512)490-1007Web:www.t i.teaas, oar
Email, onsumerProtectinn n tdi,te ase uv
Premium or ClaimDisputes:
Should you have a dispute concerning your premium or about a claim,you should contact United Fire
Group first.If the dispute is not resolved,your may contact the Texas Department of Insurance..
ATTACH S NOTICE TO YOUR BOND. This notice is for inf®rmation only and does not become
a pari or a condition of the attached document and is given to comply with Section 2253,021,
Governmental Code,and Section 53®202,Property Cade.
i
HOME r,F CSE.; 118 Second Avenue 5E I Pt's Box 73900 Q Cedar Flep�d%Iowa 52407..3904 P:BW-332-7477 1 R 314-2aC-25211 vvww a lgins.ccon
00300 BID FORM
BID FORM
PROJECT NAMIE: Mays St Intersection Improvements-N. Mays St at Bowman and Logan St
PROJECT LOCATION- Round Rock, Texas
OWNER: City of Round Rock,Texas
DATE: December 9, 2021
Gentlemen:
Pursuant to the foregoing Notice to Bidders and Instructions to Bidders, the undersigned bidder hereby
Mays St Intersection Lmprovements -N MMs St at Bowman and Logan St
and binds himself on acceptance of this bid to execute the Agreement and bond for completing said or within
Any addenda issued will be posted with the Project Manual and/or Contract Documents on the
I 1 11 , 1, 11' ' ,
City's site at r ini� F111W, 1114 _I_ by the close of business on
January- 11, 2022 Prior to submitting a bid, the bidder is responsible for determining if any
addenda have been issued and for following any instructions in any addenda issued
Bidder acknowledges receipt of the following Addenda by listing Addendum"number" and "date".
Addendum 1 01/07/2022
RME BID
Approx. Item Description
Bid Item Unit and Written Unit Price Unit Price Amount
0100-6002 4 STA PREPARINGROW
complete in place per STA
for Two thousand dollars
and zero cents. 2,000.00 8,000.00
0104-6022 189 LF REMOVING CONC(CURB
AND GUTTER)
complete in place per LE
for Eiteen dollars
and zero cents. 18.00 3,402.00
00300-9-20iS Page I of 14 Bid Fonn
BASE BID
Approx. to Description
Bid Item 2M!ntit Unit and Written Unit Piice Unit is Amount
0104-6036 114 SY REMOVING CONC
(SIDEWALK OR RAMP)
complete in place per SY
for Eigk dollars
and zero cents. 80.00 9,120.00
0416-6030 66 LF DRELL SHAFT (TRF SIG POLE)
(24 IN)
complete in place per LF
for Two hundred fifteen dollars
and zero cents. 215.00 14,190.00
0416-6031 36 LF DRELL SHAFT(TRF SIG POLE)
(30 N
complete in place per LF
for Three hundred,si?Et( dollars
and zero cents. 360.00 12,960.00
0416-6032 70 LF DRELL SHAFT(TRF SIG POLE)
(3 6 IN)
complete in place per LF
for Four hundred dollars
and zero cents. 400,00 28,000,00
0500-6001 2 LS. MOBILIZATION
complete in place per LS
for Fifteen thousand —dollars
and zero cents. 15,000.00 30,000.00
00300 9-201.5 Page 2 of 14 Bid Form
BASE DID
Approx. to Description
Bid
to Quantiq Unit and Written Unit Price Unit Price Amount
0502-6001 4 MO BARRICADES, SIGNS AND
TRAFFIC HANDLING
complete in place per
for Four thousand dollars
and zero cents. 4,000.00 16,000.00
0529-6002 121 LF CONC CURB (TY 11)
complete in place per LF
for Forty-five dollars
and zero cents. 45.00 5,445.00
0531-6002 15 Y C SIDEWALKS (5")
compTete in place per SY
for One hundred ten dollars
and zero cents. 110.00 17,380.00
0531-6005 1 EA CURB RANTS(TY 2)
complete in place per EA
for Two thousand seven hundre�ft llars
and zero cents. 2,750.00 2,750.00
0531-6010 15 EA CURB RANTS (TY 7)
complete in place per EA
for Two thousand seven huncredfifqL dollars
and zero cents. 22750.00 4125000
00300-9-2W5 Page 3 of 14 Bid Fomi
BASE BID
Approx. Item Description
Bid Iteit and Written Unit Price Unit Price Amount
0618-6046 275 LF CONDT(PVC)(SCH 80) (2")
complete in place per LF
for Fifteen dollars
and zero cents. 15.00 4,125.00
0618-6053 650 LF CONDT(PVC)(SCH 80)(Y)
complete in place per LF
for Seventeen dollars
and zero cents. 17.00 111050M
0618-6054 475 LF CONDT (PVC) (SCH 80)(3")
(BORE)
complete in place per LF
for Thi!-_ty-two dollars
and zero cents. 32.00 15,200.00
0618-6059 950 LF CONDT(PVC)(SCH 80) (4")
(BORE)
compTete in place per LF
forThi -e t dollars
_Eui� -
and zero cents. 3 8.00 36,100.00
0620-6007 785 LF ELEC CONDR(NO.8)BAJZE
complete in place per LF
for Two dollars
and fifty cents. 2.50 1,962.50
00300-9-2M Page 4 of 14 Bid Fonn
BASE BID
Approx. Item Description
Bid Item 2gpt
jq Unit and Written Unit Price Unit ®C Amount
062 -60 1385 LF ELEC CONDR(NO.8)
INSULATED
complete in place per LF
for Two-fifty dollars
and zero cents. 2.50 3,462.50
kUL-6009 50 ELEC CONDR(NO.6)BARE
complete in place per LF
for Two dollars
and fifty cents. 2.50 125.00
0620-6010 100 LF ELEC CONDR(NO.6)
INSULATED
complete in place per LF
for Two dollars
and fit cents. 2.50 250.00
0621-6002 1075 LF TRAY CABLE (3 CONDR)(12
AWG)
complete in place per LF
for Two —dollars
and fo , cents. 2.40 2,580.00
r!l..................
0624-6009 9 EA GROUND BOX TY D(162922)
complete in place per EA
for One thousand two hundred dollars
and zero cents. 1,200.00 10,800.00
00300-9 2015 Page 5 of 14 Bid Form
BASE BID
Approx. Item Description
Biice Unit Price Amount
0624-6028 7 EA REMOVE GROUND BOX
complete in place per EA
for Two hundred dollars
and zero cents. 200.00 400-00
0628-6002 2 EA REMOVE ELECTRICAL
SERVICES
complete in place per EA
for Five hundred dollars
and zero cents. 500.00 1000-00
0628-6145 2 EA ELC SRV TY D 120/240
060(NS)SS(E)SP(0)
complete in place per EA
for Five thousand dollars
and zero cents. 5,000m 10,000m
0636-6001 48 SF ALUMINUM SIGNS (TY A)
complete in place per SF
ori
Fi 1
_fLf�y_d
and zero cents. 50.00 2,4KOO
0666-6042 873 LF REFL PAV MRK TY I
)12"{ ){1 00MIL)
complete in place per LF
for Three dollars
and zero cents. 3.00 2,619.00
00300-9-2015 Page 6 of 14 Bid Fomi
BASE BID
Approx. Item Description
Bid Item 2y2ntity Unit and Written Unit Price Unit Price Amount
0666-6048 252 LF REFL PAV MRK TY I
(W)24"(SLD)(I OOMIL)
complete in place per LF
for Sixteen dollars
and zero cents. 16.00 4,032.00
0666-6228 73 PAVENENT SEALER 12"
complete in place per LF
for One dollars
and twen cents. 1.20 IZ047.60
0666-6230 252 LF PAVEYIENT SEALER 24"
complete in place per LF
for Two - ------ dollars
and fifteen cents. 2.15 541.80
0677-6003 42 LF ELIM EXT PAV MRK&NffW
complete in place per LF
for Two dollars
and zero cents. 2.00 84.00
0677-6005 290 LF EUM EXT PAV MIRK&NUMS
(12")
complete in place per LF
for Six dollars
and zero cents. 6.00 1,740,00
00300-9 2015 Page 7 of 14 Bid Form
BASE BID
Approx. Item Description
Bid Item 22!ntit Unit and Written Unit Price Unit Price Amount
L
0677-6007 247 LF ELIM EXT PAV MIRK&MRKS
(24")
complete in place per LF
for Eleven dollars
and fifteen cents. 11.15 2,754.05
2EL-6M JU LE PAV SURF PREP FOR MRK
(I 2pl)
complete in place per LF
for One dollars
and sixty-five cents. 1.65 1,440.45
0678-6008 252 LF PAV SURF PREP FOR MRK
(24")
complete in place per LF
for Three dollars
and twentY cent& 120 806.40
2 ja-.kO U 2 EA INSTALL HWY TRF SIG
(ISOLATED)
complete in place per EA
forF,ifyLfiye,thousand —dollars
and zero cents. 55,000.00 110,000.00
0682-6001 16 EA VEH SIG SEC (I 2")LED(GRN)
complete in place per EA
for Three hundred five dollars
and zero cents. 305.00 4,880.00
00300-9-2015 Page 8 of 14 Bid Form
BASE BID
Approx. Item Description
Biit and Written Unit Mce Unit Price Amount
0682-6002 6 EA VEH SIG SEC(12")LED(7GR7N
ARW)
complete in place per EA
for Three hundred five dollars
and zero cents. 305.00
Q682-6003 h EA VEH SIG SEC (I 2")LED(YEL)
complete in place per —EA
for Three hundred five dollars
and zero cents. 305.00 4,880.00
0682-6004 12 EA VEH SIG SEC (12")
ARW)
complete in place per E—A
for Three hundred five dollars
and zero cent& 305.00 3,660.00
0682-6005 16 EA VEH SIG SEC (I 2")LED(RED)
complete in place per EA
for Three hundred five dollars
and zero cents. 305.00 4,880.00
0682-6006 6 EA VEH SIG SEC(12")LED(RED
ARW)
complete in place per
for Three hundred five dollars
and zero cents. — 305.00 1,830.00
00100-9-2015 Page 9 of 14 Bid Form
BASE BID
Approx. Item Desciiption
Bid to 2m-ft!",— unit and Written Unit Price Unit Price Amount
0682-6018 16 EA PED SIG SEC
(LED)(COUNTDOWN)
complete in place per EA
for Seven hundred fit dollars
and zero cents, 750.00 12,000.00
0682-6023 16 EA BACK PLATE (12")(3 SEC)
complete in place per EA
for Eigbly-five dollars
and zero cents. 85.00 ---1136 .0
0682-6024 6 EA BACK PLATE(12")(4 SEC)
complete in place per EA—
for One hundred twen!X-five dollars
and zero cents. 125.00 750.00
0684-6031 2326 LF TRF SIG CBL(TY A)(14
AWG)(5 CONDR)
complete in place per LF
for Two dollars
and eiSk cents. 2.80 6,512.80
0684-6046 1615 LF TRF SIG CBL(TY A)(1 4
AWG)(20 CONDR)
complete in place per LF
for Five dollars
and fi fty cents. 5.50 8,88150
00300 9 200 Page 10 of 14 Did Form
BASE BID
Approx. Item Description
Bid Item Unit and Wriften Unit Price Unit Price Amount
0684-6079 791 LF TRF SIG CBL(TY )(1 2
AWG)(2 CONDR)
complete in place per LF
for Three dollars
and fit cents. 3.50 2,768.50
Qo§&O-za a EA INS TRF SIG PL AM(S)I
ARM(24')LUM&IILSN
(Installation Only)
complete in place per EA
for Two thousand five hundred dollars
and zero cents. 2,500,00 5,000.00
0686-6032 1 EA INS TRF SIG PL AM(S)I
(2 ')L
(Installation Only)
complete in place per
for Two thousand five hundred dollars
and zero cents. 2,500.00 2,500.00
0696-6040 2 EA INS TRIF SIG PL AM(S)I
ARM(36')LUM&ELSN
(Installation Only)
complete in place per EA
for Two thousand five hundred dollars
and zero cents. 2,500.00 5,000.00
0686-6044 2 EA INS TRF SIG PL AM(S)I
ARM(40`)LUM&ELSN
(Installation Only)
complete in place per EA
for Two thousand five hundred dollars
and zero cents. 250000 500000
00300-9-2015 Page 11 of 14 Bid Fonn
BASE BID
Approx. Item Desctiption
Bid Item Quantiq Unit and Written Unit Price Unit Price Amount
0686-6048 1 EA INS TRF SIG PL AM(S)I
ARM(44-)LUM&zILSN
(Installation Only)
complete in place per LA-
for Two thousand five hundred dollars
and zero cents, 21500.00--' 22500.00
0687-6001 11 EA PED POLE ASSEMBLY
complete in place per —EA
for Nine hundred dollars
and zero cents. 900.00 92900.00
0688-6001 16 EA PED DETECT PUSH BUTTON
(APS)
complete in place per —EA
for Nine hundred dollars
and zero cents. — 900,00 14,400,00
0688-6003 2 EA PED DETECTOR
CONTROLLER UNIT
complete in place per EA
for Tbree thousand two hundred dollars
and zero cents, 3,200.00 6,400.00
0690-6051 8 EA REMOVAL OF SIGNAL POLE
ASSM
complete in place per EA
for One thousand five hundred dollars
and zero cents, 1,500,00 12,000.00
00300-9 2015 Page 12 of 14 Bid Form
BASE BID
Approx. Item Description
Bid to 22!ntit Unit and Written Unit Ptic e Unit Price Amount
6090-6002 a EA ILSN(LED) (8 D)
complete in place per EA
for Three thousand six hundred dollars
and zero cents. 3,600.00 28,800.00
6177-2001 280 LF RADIO CAT 5 CABLE
complete in place per LF
for Two dollars
and fift cents. 2.50 700.00
1490-2001 1632 LF CAT 5 CABLE
complete in place per LF
for Two dollars
and fifty cents. 2.50 4,080,00
8510-2001 2 EA HARDENED ETHERNET
SWITCH
complete in place per EA
for Two thousand dollars
and zero cents. 2,000M 4,000.00
00300-9-2015 Page 13 of 14 Bid Form
TOTAL BASE BID (Items I thru 61 ) 56 ,531.14
Materials- 296,093.80
All Other Charges: 2722437.30
* Total: 538,531.10
Note: This total must bet a same amount as shown above for "Total Base Bid"
If this bid is accepted, the undersigned agrees to execute the Agreement and provide necessary bonds
and insurance certification as per the Instructions to Bidders.
The undersigned certifies that the bid prices contained in the bid have been carefully checked and are
submitted as correct and final. The Owner reserves the right to reject any or all bids and may waive any
inforinalities or technicalities.
Respectfully Submitted,
-%� 14719 US HWX 290 East, it 106
Signature
.Carlos,2eles ,ManorTX 78653
Print Name Address
President 512,218,4200
Title Telephone
EAR Telecommunications,LLC
Name of Firm
01/11/2022
Date Secretary, if Bidder is a
Corporation
00200-9-2015 Page 14 of 14 Bid Form
jl
Mayor Councitrnernb*rs City Manager
Craig Morgan Michelle Ly Laurie Hadley
Matthew ar
Frank e
tROUN�0 ROCKKTEMS Mayor Pro-Tem Kristin Stevens City
nm
TRANspanwww Rene Mores Hilda Montgomery Ste ha L. Sheets
Date! March22
From: Matthew usa , PE, Senior Transportation Enginee
Bid Tabulation- Mays St Intersection Improvements ® N. Mays St at Bowman and Logan St project
There was a mathematical error in the bid form submitted by EAR Telecommunications for the Mays St
Intersection ImprovementsMays St at Bowman and Logan St project. The"Total as incorrectly calculated
and should rad"568,531.10". This matches the"Total Base id"of 568,5311.10
®®® .,
m" •
e8
m®mmm••s•mm®.mmm®®®s•+sssaers
.mm+mm®®md.m®•ammmmemmms•m••s®mm•m
91480
a® mr
• a
•, s'
CITY OF ROUND ROCK TRANSPORTATION •3400 Sunrise Road, Round Rock,Texas 78665
(p)512 218 7 .O 512,218 5S63 m
00410 STATEMENT OF BIDDER"S SAFETY
EXPERIENCE
Page 1
004 0 8 20 4 Switumuml,of Birlder's Safi:ky ll-xpericnlcv
00090654
Solicitation Requirements,,,,Contract Forms & Conditions of Contract
Statement of Bidder's fety Experience Section 00410
Bidder must submit a signed Statement of Bidder's Safety Experience form with his Bid; failure
to do so will constitute an incomplete Bid that may be rejected. In order to make a responsive
Bid, Bidder must provide evidence that it meets minimum OSHA construction safety program
requirements, has not been fined by OSHA for any willful safety violations in the past three
years, and has a lost time injury rate that doesn't exceed the limits established below. All
questions must be answered and data given must be clear and comprehensive. If necessary,
questions may be answered on separate attached sheets.
Company Name: FAR Telecommunicatins,LLC
Address: 14719 US HWY 290 East,Manor,Suite 106,TX 78653 Phone: 512-218-4200
Completed by: Carlos Reyes Date: 01/11/2022
1. Does the company have a written construction Safety program? WYes 0 No
1 Does the company conduct construction safety inspections? M)Yes No
3. Does the company have an active construction safety-training program? MYes No
4. Has the company been Fined by OSHA for any willful safety violations in the past [3)(es J@ No
three years?
5. Does the company have a lost time injury rate of 7.8 for SIC 15,or 7.6 for SIC 16, 0Yes IM No
or less over the past three years?
Attach the company's OSHA 200,300 logs for the past three years.
6. Does the company or affected subcontractors have competent persons inthe
following Areas?
A. Scaffolding El Yes E]No El N/A
B. Excavation M Yes No [I N,A
C. Cranes 6d Yes []No [I N/A
D, Electrical R1 Yes 0No 0 NIA
E. Fall Protection M Yes [:]No N/A
F. Confined Spaces N]Yes []No N/A
I hereby certify that the vel Is true and correct.
Signature Title 12resident
Page 1
00410 8-2014 Statement of Bidder's Safety Experience
00090654
Now,You em*p*hstuo ft Oft F*vm andfaaw Be
ft. muse,the Wentz in WS e,to
psckegva IfthwargaMm,
"'Fam"a"I"to re,to th lntrut ion ft-Ift and
hen uk*yout Inpuls using be It"Adobe 7,47F Rwtr in wddlitan,
Calculating Injury and Illness Incidence Rates I he forms mrm programmed io Wo,r"lats ws wIsprWalo
WPM he an Meldergoo rahit? (d)Fh#member qrkour.6 aff tMP)quet MROTh. vexious durificstions iAdvxtry,by
An imidorm raw in the imusbor offirrocadmblo woAmIdaping b'Reyser.Refer to OSHA Poxm You can uuthmna
ivjuriem Md ion"Ns )ODA end 000rW w,&V.@hwt to 4tkulaim Ihi% p%bliahed data at=W&L%Z�ft by
M'09 an"'re 0 Even "Hine;
.b.M.1-6m.WG&M(MUGEY IN ram., irmbirr. m BLS Rqkoimai Office
firno WoMrs)over M siren,period oftime You'an Compute Rho inddvnce;Mir fix MU
(Mduy one) ),To u"dodr,you fim'm iimimy recenbW comes ani antes and Wnmot amino rite
Wd ililnera*Xparkote over time M to WHIP"othnowunit lamuls:
yourfirm'i eV. monwe with that off your induary
02 a wwv,you new W Wgripurvywa incidmo -:Tot WorkBIfteet
roft.Bmim seps"o norsbar oft,roesmo wW m race dr ease Mee
spetillk period of dme we invoiced,these min
an Wp ym identik Pz0blerna in)VW mogirlarl (Tho 200,MO filiga*in The formaRIA m%mvemoto UW P,ernes l
InAW 'eta ok
T40MOOD you msy have=6 RA prov"URRIA nuealin afhoung 1.00 employwou workinti;40 hom roull nambeir of ho"&M warded T,,43d rmc,*AAv
Work-Mloded ir�urkm end ifitan". per week,50 WWRks Per ym would work,and Lnturivo sed aln"ves bF W M. Jptoyffs come Me
proitleo dw otairdad ban Cox emicelatirM
Now do you calcupeft M Magarem" inn eidence Rat".)
We? You cm computo ihm iocidm�Row fm 0 X 2iD(X000 5000M 0
rurordable cow invoWng days omy firom work, ..................
You aw voropoft=ompotiond ujuTy mnd dayff org*#Li0*d work acri%ioy om.prsb varoter
Mnost'imae"m Tagr For 111 reconleirio tam or (DAFF)uwM ire Mowing Rowuhr
Pox ma that involved days mmy i!kang wculk rag
you fiffm qwdr.f and wasily'Me fiorovdw -Mrogber 4fe"o4m Or cokoary H+ia'aaaabffr*1
requmens awk yea roue rostorroo"us 1pwwvph fn**s tncokftm 1)X 200,00-1 bee ofhoexF
(4 below Tot the RoW Recordable mow or inane in woyhorby ad exVkym-414fir hx0rerre tam Number of
pwwvph(b)iler~N t urwAved days Iway You m we the"me zmuh W cakullono Numb". ofemiriff an lacus worlixd MRT anchdence
hom word:,ad fox both Reim the urmhoactiono w modrace rstes for other vaiables each a cuts 7eihimnp H +'kiiumm.K by all emplo3veo Tate
pwwmph W Lmvolmg got6awd work$6�ity('xAmn u0 on
W Tafiwj our ON ffowjP ps"or 01recordoote Pam 300A),olfts mvolvv.ir* m& a akmordm
ft?Jff'#fs ad ONes"s Mese arcur"ridb"ON (roluguma(M-2.)act IFoxm 300,4,),ork tan selsttlmug 0 X 200,OW 4- 50M.00 0
ywr,eounQ the naomber airline tntnov"yow &a Wrophoat WW fin then owe,from Farm .............
OSIHA Form 300,or refer to Ike OSHA Form 300A,into the Form,We in plm oftho CoW nmbww
106.mA um Who entd,rg rem colurnme(ft ofwrulaa Ind kanommes
and(s),
(b)Taftnd wff the mmbrr Q19"Ho ruo [What can P compsev my hom"mom
Ithmutir got v&,mu qvfmw o#k 602
count the umber ortum,arboes,on I-auff 0SHA
Feint 300 Itat gmativod*Aork mark An volumn Tko Bmav a RAW shlinco(Bil's)conduas a
(H),or raikc to the mor
for coluran.(H)on.time vmrnwy ofoma"tiond Invotieffi wood illow"ol each
OSIHA F'otm 30Dk ym and pubbabse komdencre ute,dIN by
ME ag
s Form
a m 300 ab,,.�yog m #Y00 ACpuraaaPd9Pavan"ow MMOM BCkmnkt��:T �r� r�tP��rmrarar�a�r r��tk� rm
m umm Nrm P a tra tela o + : lad P>ar,9ra�m aam"Piltm� ram" amGa�ym�MOM and muAbt;he used M a rmart�mr t
Log of Work-Related RYS7F ta. I&A*Mo'R P anI}m a Pavmf�.kaan corvAuntantyOrem 10""'�x extern Year 1
khugn wrm PaA P�team Prem Mahn PQF Rkmaaar h ilcat. Pamaat�* IIS 7flm ea�pxnbxMrrta Hasp uA d Por .............
Injuries
elm aaPm and kvam kra'r.,akul�kmmxa r atm, UA 0e�Bavoanmmet of Labor
IllnessesF� "tB dorwIl ssfs arta&heaNh ur a. mea aoroewBtmn nn,s wamecs• marhww+
"aaw RoweP1 ,k G'sem Wffv'/aa6(?1dA xrvn u9'tltli:gip"be
•&trN' .AY'mAN4rCWadvM7<'k.✓'.'a�.�k+JdPF�d9RPd9H✓:a'NaVy4sY}YP aY9°4a��' p'nP kNupFfia'.(tktPlWlPa+Mb PGFD� '�ChMb' S$6#PYNI�f%+ �bM"369dM'k$CrYY�pJ'!AC(4P$WA dP0+ 3P7Yf d'dFYd�xl�.!1tY
rmmArbr+A'�mart,vh4mdeaatruwk&KRhd.�,arpy�;�s+kc.$eaYp'cm�P '�r&.comrd'*.e�hxgP.~'a++tbai'a'��nkaia rurrwPr�mcen pv�upsr4b�aruac'm+¢iedmro eheB tem NyanrT¢rneesrmewhreP�mo
FxSea.�Mma�>w�°a
�.'EP1Gi T�wa:.avlrraw�rirm?bana.kl,.0 Y.1O0):�mBkTa:"„
. rPrca -re5nea�m;+.,baa etvtnasea rnara� amvaeya�+a'.okemro�n+�x Peawa cARe�rvrF�cM1I. r,>ttce's caxGsuYm+4J5orAa+h��B.arsNa�.
•II -p'w DOM Qlr.'R'6SP¢Pr'ar Bf atPna raKm<m d4Q dk Md44'PR mat I'NA •Fs��aeeauae lYaO PkroRe�r+b 9&A2�dClairgewd YR
P aA.r?, aetPs$uAp66ar mare. ^Atta@tRt............... ..........._.,,� 3atn Texas
... 1111 IN: ... 1111 Il�gnnnnnnnmm�nnnnnnnnnm
I'Ila at�l..
t�1 Qty (C) (0) daW qFb �' a Psar a
Maw Www
c amtro "uw •Sink teat mR p M'q'R�¢s,n P.anron rt wd IN alhtasag ,la hsa5 p .ror
ma. t@'W d am amaara ie,kg.uta.:. u6 t*iwtea,G a+Q7 alb sm w m& mmnuwnmunuumnrnormauin au»�������mrarrrrrrrriiiii
Mam
dlPamvl.6m nw In 4a
M.g.,3 t0« k'rrrmrrr
rno-shW man na Anaa-0. w area 8 b
arAax me vara B AJeYa toots Naar m
tG�p tib am GAp GSM' 4R.t
GYp 4't'•b C.tb l�Y keV Gat..
@®tet
n 000000
t��� q �
................................................................. armn:�auv .... ....... .... .... .... ..., f"�" 0 4...9' �.,aary ware
f�,�rypf�
00
IEEE) , ........ ........................ -1,11" .,., .. _ *°,...�' ............aroro ..._..min °�,.,�'"n�'4«d0
,II"Iu» N.amr 0 °^x.d'
.................. ... Sao...aur
=2m
__ ...... ........._.. _. 'av ..........�an ...........Aar, 000000
P&�
.....m...._. ....._.._....................._........_........ :...... ...... 0 0 0 0 .... 'R a.n 000
000000
�aana ��a
0 0 0 0 _ , , 000000
G8aaa4 .
................................................................................... ..........aa>» ®mea_
pop 000000
wwau 4 0 0 0 0 0 0 0
Q' a 0 0 0 0
ri Wm.Tu@+.uvrh mash m 4 ,ami a nHw mrt a ,.n
� raa, oa�Y« a ro, a w « „gym ar, u. w',a, Add Page
µ_ ......._ ®.... ....... g
' .mwdm m«w«,aur awr,Rm;un »er x.,r^r hma;rrr ,�raa,. ea.ax�.ua�w n'!'u�!a�,a ire �m��r�w� �mnnu aAw�m mn orwiw euwm,x d.uugra mzavrn;§paAt nnrm+a vh ttearA G'
�'�a
��°;,au, ,m
_ Gk4 &"W 4�3 kuN ig9P Galu
i
I WS ForM300 kazm ro�Da�du � � aPe c s�P� a@ Year 0
mumm tlrm B Ira 9hlu r mm�arp pmmDrmhm mxm°kllmh&t6oav%s@dm° 18
am F am Imkb Cl4m lrapaa@ Wm and
U.S. t'im648w Lal
Summary d- l t Injuriesand Illnesses �
mB64+daa�gnaP$a mad Mmad�e Aamtp Pu$ia¢6ap
@Pf@�$dASPffi%P�flkMwmed DyftH$$4 mum b Ws Surnteerypolijill ow Yw rivilahl-vabled PWW a ghwar occw f all LIQ yor
@m rmmFmbw mkm Log b emrdy @Pam@ Pam avulaa am covVipta and omwaft lam xorgyllia mgg Pd',dm murradtery .•'""�
UJAV¢Pam Leap,Coal Me T mnbtmtjeavoulds Me asch collegil Fleta lol botar,raoft nowymW adviled ft al ftm
w,wypW ofk9tm Log,Pyou hod w wl willill"' e� dg@Prg ftNnn
"*&FffW Onlial mrrd dwk raprowntoll hem Ito&Vhl to wielow rte OSHA Ful.901 h b anial They0whowbruhl
b go OSHA FormJV#crits ewholmn.300 84 GFR fmr8 18044,%do OSHA'#rmcoll ne",AV hrHawdaulas an Ms arleaespvAill for EM Talqcorwuakalklo&LLC DRA,EARTC
Som 16201 Bration Lane
cityAaa�tin za�a 'T?{ Zip 7972
Todnt.. b.a}r 'row umkamr nk° TOW—bol-ofammme Treat narlI art
dmatlaa Caw widx dap wide job ftwor or otheY rmca salt '@asdumry dclolodl fm.d... onev mf rm• feral
away klom work sma410ion mell
0 0 0 0 Toffic,Signal and Faber Opdc ira('rasbA f.Aure m on
4 Y s@ia Gaa 0 Noub to4umeiaa 6 immWAIM.ifhmg+Iit.m.,.33lill
1111,111,111I:11 Ill Ill 1:1,18 11
imp nk Asay baa f 9mm 8 hl rh'& x w AN
ToW owerbar of&yx Total number otdmya of W"n AAw ora moa padpw am O.W .)
away flom wort job fti or rmmtieYioxa
i M%Mwcala Of FoItec 2-5., .,
kwu 0 ka u 0
Tallidihmioda Iry eU amk"F rr.;@apt y.
�t8,�ra Pdmr
NINE IN
worin.EGy+taaw@@vilmV di decow amS may rmauh In a blue.
°a'oami number of... S 'ffy liana I how maanined this documerm and that Yes the best of
4049 my -lodlia kale aDatviam silt tme,w am„adtormilow.
4%)hudem 0 ga}Pabwaruq* 0 C l"T" Em en¢
(2)skin dir"or 0 (4 1 Ion 0 coul twativp 'ah.te
4�DReapiaatmycoudidona 0 16l,All other iill mwea 0 ahaaas4�1��71 20� yygma21�9J21�1�
Awa r�w:mgia .�eca<oraamm,Grua tam,tmm �ma. a,p�xnaa P�pmraa, um :a ov,.a pail sr emu a�
4aa sal Gams ca�xLrxit$m•Pcer.ffitra Garw.nvxp k star dg 'g.m mp eeGawsm ery{errmwm aaae� Eugaa. tale Ok.�SanIDcirwatail SPgmxxwma mag
mPao=1 .e;.att.-Il a@rxev�tlatWoa4do-x�en.emtaea"akL >BCd�.6 OPs Sf&.t,pesbl�Brety+a.t$x"xh 9apa.7#a Caossame:m".axmw,:W'.Fr
5R'adnam�,
Do=10 4o au6 rod p:®ttrtmlae9 Zrxs�fe mat Hole
m Plater YOU colo type lopeof into R9alm Faffew atad mmam Pr.
wBey9tlam o a 0 M tltlm rocerdphoar n pack® ar1�—j p4timtIDma°.rmFr YPpm& &.• oitrmm� 1 Ca& I� t
Worksheet t Help You it Summary da m gaauto lPaplptmmam ohm
Al Me Weird Noyaw,OSHA rawaron,you hr ardow froar mewarl Passable of offoletwes mad the luothaurs your bars rim steareareary N 'P have ohem watc Peer amen un PPP®kaAareseam
on Eft
Pool&Pamlbnmlm On reethEworm.wee w9 need NoVMWan on sewoostary,Pull
ffyou pay aftur aP pdcPy as evarypay dooted ehotsWetrad the year(m p a f41d)
star you can ostliar mt rm+s t awral voweeasyseeng Mon sonarbardwrolal ftwinslow
ftoopotypariddfro paddod(ap.,your darnamea4 eowvatalor tu'Shrunk dusop A4Euar&a eleture done el MPP
ries yaarj,Ow you arooWd use Phe to cakdoor ersohatormat oweengen
Include house'mtarkmd by am9mriad,koffift Edan-' m.and Elemoned wet
HOW res P@,patrrt mural s9Pa yPeurn weedood Par r ptda aadePrdetpOt rear mu wstl an hom wonted by athar walkers mubpest to day-roday supervision
by you entabli ent(a,of,bunporal Orvil amLoal
A"Per an4 ohm vat,Ihw wrornbw 4 employeea.5,4o, Do not VO IME,nick e,haltdmy'a,as woy Other n na wok into.,
wsebbelhonnat build IN Il ll PAYPERIOD dul Cru ro,rvstewnanc even ifeenployeea were paid for it.Ifyoor att ekbohmaxa.a koreps roweb of
da yeas.Pia area to enrludm an unpIoym.AS84ime 5 anF.y the houxt,ped,or d'you been oreeployea'who to not paid by ohm ha�tP,
•time.IVMPnW,® Wool NEW tamely, a°arcin•d'wPna.FukPuwc us:..•xr plant offunesto the houl thatthe empleyemmm yworked.
CPdeuw number inti available,gum ems tum dein opdunal workuhate to
Come end lime enrerr one number afpey pn¢adu you attienata it.
soubliabmwrt the yewon morn roiwjuda
ww pay pvEriodlie-11oran you had rna oranEtioyeas.For Mp,ryry
ca tauple.twor 26 Lltwo br Y` 4MI6 no a S OID
or 52 if sou loamy weekly pay 1periocb: Paris&wrist as Peer- m„,.,.m<.. OlIa sal Woorkmll
25
Angie tla nowerbetr of wro foyeen Fay rla ratenber of 2 OA __. __-- pPrrd tkra avaanbre ref Pulleeerne mmplay'msm tier yore
psJ .ISft sutx'ca c ro ^�,°,°,°,°,•"mmm.,,.� mmtmin6usMusreut Vua 18¢m y`
, 2 2+1180.00 romp ep sy+by the number orwak house for m fol-Hutom
douse the answer to ft oars IsPothado w � emplaytema yew
nustalPeorkSteatteal.Wnta tlew r d 11w
nuarboorntheblabortabeSuoul page 5Z00D 00
.r eta^,rvrrge woe¢�tbry of davpp.Peyaaa- Th.im ehm emrubar n4'Piall-fauns Pwvsa vuaelcad..
Fades:U..F— —qa —NNa ' 2,600,.00 ra—b"ofarlyc v ,sear he mm%*111 as the
Forem h,A mm cussurtelon tliyuned ice wave trwathe way. vaerat�c�aan,e�:eaaaP4eauo-emM
He c�a PeP ImeBam... .piens lata NOYlatel�as� �ae,.au ae�s�suern n�Prr,a[omuwgue, Yaourt rs�oP'ksd by adhar mmplayrrama Qymrut•txme,
.•. ,..Loe um m.:.a,aen 4maraportory,nmrtuonel},
8 a as•Ow'r--dl
tdrA.am p mg-a—mr-ors.wan ®
m6paq „w 7a r Woeo e .or os s®xen a7 rw�s ck,:n, Roomed dna nr to the neat h4brat-Probe narenbor
a em ryoa IP wv fed$A.aM.dies&m 61b'
s am amt^
be. Write the dsd ruoul art the oxo the
Sarmommuy lad*trtarkwd FoBtrf D44waru wor&tea'by aX8
k l am am a a e r n.tr ear a.�e, s Payrem Slav
ms a9 ee wa do-em 3B a P
uN aw um anmaaa mw
m5 V.m P9a e9xmwn8av Y wrd"vPrTu
it 38 Pr a6Y m9m*IrAem lauxmt ap"m gwat� 4tq Pxt'PalRllmda�4eaaro.
d„os.W wawmn,Merry r.,46
Moser Em You Can deapaura8asaas dtdr ftecrs Wit afte P¢.
amm the Woons ire thin ems k tem age are°eIIIIsCd ¢m sPs"
POO te.. can W,n tYum Po
Ww'mWitilds end
f ul tib Injury and Illness Incidence �m ami wllopaCausing�am qtm ucmdmumf��P �wllm��t�.addim .
ad to on&tedrde mod? (c).ydt poinhergrflou p axil emrap loywnoeoerelky vnmdoua ciewnfWettions(e.g,by iandustay,6y
An i adamcm Nut lire the number ofrecondablo v+orksaldaurirg die.wap.ar..Refer to 05 RA 4f omni mthppaymr anzm,mte.;u,'Yws arra w 'a t8narm
regulon aepd aala nnms nR omons a done )k➢rA end wpmiarrml woirkshmet Ru tnicalsto this pablMhad data at 2°w'yl m It�as by caffing
numbacofflr16 nswwanisse(urmwrUy Wu10fi 6 number. a BLS ffic+e
from w'oskerde%over m Won period ofk&enm You wen compete rhe incidence weft for all
(R}inHy one ;p.Ti,i a you i5um°a imgaamq reeorda'Nle amass of tfurkir Ind kamones using tBne
ad Mims eapaeaienma overtime or to ewampare falowpng rormula.
yore¢ °s arxpaaawtem with¢East adYosr rOdUtry t"eswPem r'of Frafnarfar rxoaf APbsrarar 3£. ",
us Le whole,..you need to compotoyrms ntodeoc,,t r!aeeher gfboura rmarked by all empslo)mer-TotalrWorks1heetrise Bare, a a specific nurn for orwo and a vseeile none
meseWcpaWortime nnvwlw•4dimmrates
nam hTi oar ndec msblmmaa ihn a>xa won' sem 5W'hro kidunrs in the formudit t to thoPYP Y N'wmffe•.rufiorps n you may Cravat endo nn pam
maim nrundbmw�afhuses P.00 meaployeew wmrkmit RW7v Crostmhou"%odml 'V�Cs9 reu�rdshle
work-nmletaep aPpWircisa araC llinmsan, Pe+week,30 Weeks peer Yate Wosuld work,card by 6H remmprluymes croaw.w re ft
praavdms She nowditud best kr calcul keit
How do you caPeWete an McAtfo neem ierckdenww rster) X 200, � �y
n wop "yarn cam oampnrtm the ancadencv rate dor 66,300M 0
roc Wo=in Li wLemnpp , away rrom.work. ......_.... '.
Ym too,compmtm on runuptionil iryrery end dap ode c Work,acrivityor,yob ututsfor
Hire"irvidence roft dare&U neeoedarble esser or (DART)uonpa dee dali*%VV formmle.
in can that innv a days from work for
your farm quicuy and adly,."no lbanula (AWK1ter of enerlmm Fu coke ma.FP+Niouber o,f
retink,em that your rallbaw nn ctions rn psitestreph mnpries 01 ao&mM YJ Y. &rr w,fhou"
(a)below for ths toW rmeordablm mor or thoma in I dSaaP.PPraeW nee art?
Par Ph(b)Par cases que inwropagJ days away hours
intra Work,meed dear both rotor the nrnstroctvoms un 'kaon orae m dawsra.Re Ru n km W y Wt.wvrrCttd suit DART rn&tcCmncm
°dnarnbmr,rfmnmer in
P-Wsph(0 ) ® her m CoWmmn EW ACaWwnrnW ... b3 aWl.ampoWs+Ymca sate
a&"a msndmsntmt:afmmkor a YxWm
ued
(D' poidweerd$ePaa laahn*e®gfmra de Fora , rma,owesletol skin csrlraceen(C)war x5g kkryry,ppyy��wxqPo.oeb ,;(p'?6P� +�00 ,rt ,0
1colum (M- to nn.A•Ct130 XIr dY test fb Gerdy Y✓MJ �"" YPs.9 .2 W,rr�,�WF '�" 'b�
PapyPrrPescaakBlP+axPsmudsaPacsur eiEarr're�PPer iaalmmn4AY®2yutnif"a>ente.3 jym&,s.,loas8aerbtrieecCe
Vmr,court Who"umber adpaae ax+unn M1n your ................................................... .....V. to
OSHA.F300,or refer to the OSHA Wrorm dim nto C o mrm drain wants,ICeraop).nu
3rAAlAr into due furxarda an plats aCehm P.atml.mvmYamr
a rk the u sfauma dor oviumms iO4(1), aryrrivutias mnd'atlln ss..
end(Y�.
(b)Tc Arid ante dse emerralMr of Bep/srstc.a and l toed este 9 mpore CC y dreeprden rate H
A�rterawa don Parvo ¢&yu ,nfwe*+awe&, d07
count Me Rumbar oflnne mnmima onY f SHA •'W'Inm W#varwmis ref batlrwr SWatigac`s 4113L"a,y acts a
yore r n a t n 'rt a cCtm.k mar&ztn�alunan •sy of ooespini iryevims and iillnesses such
OS err refer ar lire. .1 far columm(H)om the
(15CiA t''asnaa.3�We8. }'mmv mod pnxtnCaahes narcr nate e➢minn by
OSHA's Form 300 iner.onooi) abbot.YOU van M"oput law this Monvartedunat IL Attention:This form corWns information Mean
Beause the terms in Misr 14k In=%god orm.1111atsoMrtabs. 9 health and must be used In a monner 9:1
Log of Work-Relatod POO ductdments,you can "to
g. fIewsand , to conside aftifty of am Year 20 20
Reader.In adMon, EM.-Ile the Information Is U.&Depa;G—ans of Labor
Injudes and Illnesses *�Fsp~it 0. difety and health Purposes. ae� Ad.w,"Woo
Reminders:
AmIfte to No f*WeaddoWymmedin Austin TX
IMEMEMEENNIM EMEMMEMENNIMEMEMEM MEN=MEMO=
(A) (8) (C) M) (E) IF) sAwthe mor
Coo J46". Ddaovltojery oodra ow 10-d arm tam WAMM
(,4,,wjo,4 .--of ;--,—
InIlha
a,g,do)
Cod) IN) (1) 0)
I
btb M p
mill I 'll'
00 0 0 (1) (2) (3) (4) (5) is)
000000
0 0 0 0 00()000
0 0 0 0
000000
0 0 0 0
000000
TED . ...............
.,,.,e,,.., ..
0 0 0 0 000000
0
0 0 0 0
1 —11 000000
0 0 0 0 000000
tl
0 0 0 0 000000
0 0 0 0 000000
Fee,w.M, 0 0 0 0 0 0 0 0 ®0
0 0 0 0
AM a FW,Pqp
a'.*: Zm7tot.,,7x7v v
9 1 H [ ; I
114�. UK, X,Mlo i 1 :1 1
00) d3) W (M Ofi
OSHA's FOM7 300A lot.,oomeli)
llisnaum*the forms In this recofteeping package are Year 20 20
PDI`dovurnamla.�%u N
lb. WW larnflosuls end
TM ee Adobe POF Reader US.Department of Labor
Summary of Work-Related Injuries and Illnessesoaa
EH44'116
Rannomber,in reWow ft Leg tow*that ft anirks we complab and acca"lls baftrot Corikkagnp Mis Amosly.
Using the Lam.awn Par iroftaiduel entries you wands&each cologory.Thw wft am Wis belavf.insiring sure you've added the anb*s finsm
everysego offisvLolt.Nyou haudrorcesm,wNPV'
Effesbyses,ftortior ankyws,and these how Ift tkgN Pore OSHA Form 300 kv At eMr*They she how kmaiadmcesa
is Pat OSHA Farm=or Its veit"AIN,Soo 20 CFR Part 104-35,in OSHA's mccodkeepingrukr,On,Ira lhardelaus on va moms Provisions rT SQaAa,LLC D&k FARTC
larm 1 719 HWY-US 2W E.Suite 106
nam of Total numb i orof Tocal mum of Toth Mota of Cft Austin glue 1�_ zip IN53
T.W
daAke ftm With days with job trano1ar or other wordame
away Brom WOTL latiction Claus Lm,!c SIVINIA ad Ft-Opto 1,ohmadra 11radruchure
0 0 0
—75) daS p1 (J1
Toad ftumba orda)i Totalnumbeirotdayoof fiwdwr MAP-wPolito
away firom worL job banina or modetion Annual Pivoge morubsr ofamplopme 30
0 Total homworked by all voploym lot)vw 66,30D.DD
spun hexa
EMENOMIENNOMEM Knowingly FaIsIMmi;Lals documew may rnaft In a floe.
Toth nuumb"of I ca dy that I havo marninedflas document and durt to the bee of
(0) may,ko,.4:IL,,,the"Inin are tm,,occurate,and complete
0 p*i**rdr%0 0 "ot!! -
"a
(21 skin&vWdM 451 lit"los lona 0 C "godive Tol e
M R410mwy conditions 0 401 PJl 060F ilhiance 0 mob,L512)2184200 Dgk_l V3112020
ft"dub SMAWYPW"M FoUL"I b And 30 ON*seer ftft*ft d%kow MWO hYfi*I's?m ROOM
MI. �md -,—&, —-Nd'v—-,-ft 89
�V.A W N A dqkp.
0M
Us L WaC�edul..02HA M.a or 10 C.,PAA-k,-.KW
DC-M Pio Pad4 Iia—vk4,4 9—m wrf.-
Amb.You Iron Wpm laalaut lab this form*ad save N.
Bmcaua� a e In 4@nIe aeptn ¢r�apm are'=
at
abta d m�rkm, can �tYo ttpa"InpUt fge¢et4 nd
to
gt nsous ttr�wau�aR eta Itaadas.m.a t4�t,
WorksheetR ► ►►r tht a baa prod b2 aatarCalmaalata am mplr atm.
At the and of }mar,OSHA rissi ym to arab•the asural rental of a s end the tint hants yewwafkad all Me Scummy ff you don't have Me@ rquilwell,you can use Cao Alibrosetbill an
Ibis
gal to eatlnaaa go mursters ym el reted Bo anift,an she Suarmey page,
N pmy about tPta"M nufftel of offoAsysee,evell pal parasid AVU00A ft Year ft.g.,obasi Apo,
then you can use ftt numbler as your aria Vapkesmasi ff us nufteir of ensw0yessm haacilua
Atom pay pel W pay jeraid lel yow terseness fa a f w your lab at all or VWW dwill Wile,to i Me asr®P bosses W#imstitesqImew reetAll
the Y&K Usen ydgt should was ft ishmenda besilent to Ca 8a ememmul a
laslmdehmutsurmakradby 'sd,hanxrly,part=tuna,WA essisonal xarhmas,
How to 4dpatte of mYm numilishrorembral who unreel foryawbitskilhubmseffir Rau the per. as well as boors worked by other workers aalpmat to day-to-day supervuxoss
by your ealubliehawmnt i g,hempamy help sawite wol rLe .
Addopend awn aaasahmuamaiofemployessyou Do notadevaealtickleave,halida ,
ys,all any o anrn�woarl; '
sallablishmens ped 7f1 BACH PAY PRIl Em during The wig val ~if empleyaee Well d for it.lill omtmbti keeps raw r&of
to yea.Be to mil all yeas: � 30 � only the h •d,orifyoua a employ who not pard by hart,
m,
mtom ,eat 'd hourly x please estamata dee horns that the loyete cessift wl
I norm isn't available,you m ass this optional,workill to
C.4 and th nsr the rul orpsy pniksile yore ase R.
esubhubell kad during theym.gosuretoinc
aftypsylsehodowhiWaomdeployeluill
e pe,fell 261 you havebiwmIdy^ 'ods of 2,Q�
all 52 Tyne areckly pay Puri Pl ahm 96agsma or monad orkshuset
Na tFaa n of oyaem ty°aha amen of �D
Q 0.58 30 Phsd Rhe number of y-'dire arnplo°nams M y`
pq 'ads.Isle swo, 'w ...,'... ' s blue pmt foc she'els,
.52 2080,0 a ittel g by the avenew ofel haus®for a fidil-tuna
smend 0,asaaaer ea do MA Mom WRKse emp9op"Inayaa.t:
numbor(Ser sal.t.Write the roul 'a.wv.*l
number in the blank onthe Summary a 62„400.
sdA u®edaew-V aaaarahvv�"emp brra, Thin,it the affrall-0malsouas ee4r&ed,
Note Re"I rf ahs nueabsr of arty a�� r horram am evstl as the
For plm.,Acme Cmh saint P ed baE s ploptin lift y m:P%=rcg gvtlula n.cw�re r.rust mwrrm nu^au hears wmUd by other ompl as(W-term,
as ea�rwtoa.,. ey mem ala �a�� �w1 wrr*yml' toe
rums uc,'i rim w .71 asy',issawl
L tm auwre t o„es r a
Y a 'Num c6wa ^ram 0 id,Nq Ilrw l inwmnyr "ru U
uWkv
Ill q'w k goon',Aha e r ac plvj”rr ft
q30 ys pa. t y.����:3m um�wg'i v 0 uU e ;+ s r it C'sir.Toru 66, the ani to the neat luglrsst steals numb ir,.
e;mu o r:ua,m is W,ruu—nm 'vvai t the wissidisd nambor lits do Nor& ran the
a ,
lair vii
ya.m.
� ka Siranmaary s Rn imeod 8wurs mnu••®kart by all
E8 Po vaso ra nsarq�uua i a um,i: em/alopeaa kea¢ysuxa^.
as as ai.e: was �,,�m aa;astir�ua«���wµ~n�o a,,ia�w,�
tr iv,uuwhv .xmv.sag saw=„v.,r
tx��e a, moat s w sews«m,.w u r a r
aim y tv:,RFmcnanratms� roe tre,wu,,
s,wr uv urs mururoamewur rw.m,�wn,rsr
i w,amun
L
N de.your aam WAta kput Aeama raff R m &
I eamaa brae 4 pn Ohba nmca}rmh oo ng package are 1U&b6a mkde'
Calculating Injury Ill Ince t hip mmufI ymu crosinwhorr�0AftWt feast lekder In
tAmn your h ycu taa6ngA Nra true �P'Reader In addaian,
aAm m arm prR� mag ka euRm-emlemalmtm ma mRar.
9d hak km an Phafda raft? (c)rAw rmwmber alfdaanarn aft a myceax ark elb- v lourx dunficmfioms(m.g.,,by indacnry,ley
An intideauam a*im the numbw of'moorda'bka -,Wecf efara O mywr R*for tm OSHA IFmemt amupHoyer arum.,Qh;JI..Yft van.a'rAftm thaws
14udme ana ilfmmnem occuruang among aSin'mm300A mad optdonml aoekubmet mr emlemlmte fts polakiahmddmum ar, by wlhng
numb"of dtntkimv warhanm(eamenahly 1.90 Pu9.- raaaaoberm BUS R000rod Of9"toe.
time wasakaxm)o%W&givem Period oftimo You ems compute the inatidaxres rite fa.+r dV
(Woolly on)va)To m gurmkm your Bim's io(luuay rmcur&Ke amen ofine www mod AhMoR uruuvp.the
and Mumapaimmma ovmr 9imam W 0 compaxm f lowing fav4mautm:
..........................................................................................................................................................................................
..................................................
your firm,w oponerict with TAA ofyouir mduotTy doeateea rmjhptwtrkmz atwak Afhxm.mamA t<.,7trdF.
ne s wSrohm,yo+mnma'd 4a carmprnm yamrrznoe ce
AWynber gfhatrra:warted by all emp9g),res mm Tonal Worksheet
rift P3 a mpeas.6s numbwr of*wa&:mm and m mcomwk a axe rape
rpedfic pmad afrione me invr vek ihm zmtem
hmkp yon iduldfy PrO440na LA yow W04plaoe nrm 209,9W figure hat doe Rnmula aprenhu lot Nembveyg
meed.m r am am may kmo,rmade rku vonkii number of'ltaam L430 atmphay'eam work5ag 40 howl 'P1 nam nr,f
' p 5` A %� �.g haearu aronkmd 'IYarmV rmcardmbie
waui'a•relmsod irjuflol MW ffin own, any wwk>50 wmmism pw year wonkd work,end i.ngcmicm and 1111nemmmm
pxm idam the mtmodaird ban far calcu3mting h3'mkt mmpksyeam r. am raRm
Abw do you kula*an Nneffdarree incidancmxatme.) x �Q�u1 ^� �a�.. ��„��
r *F 'Yam awn compute grim amdmnca raft f u
'a'aarx can c Rltm .ovrOpmtrwnmk inprary mord oavlable cum inrs&amng dmyv Rimy from work,
One”ues& m far aU tscatd bko mel or (DART)
aafamn ing ted woll mctiS Fo nuk 4'er
for inva,Svod dmyn aawmy from work for Q °kg'N)vueiaag that fodoecvu kbeanuka:
yvurfaa quicuyracdemmelly,'yhsfibnavla 0�4ftkr eofmanxrtes foo-ay.#eramu.Py yb'aanbv of
emgoaAma dot p-on fxdlaw inow4dami in ,mph. emmoff in eadfnmxfl y„?00. .Mmbfr afhan ex
(a)bolow for*w toW rme hlm of deomn m wvrbd by a&mmpkymir-WF PKkk re✓atm
:;nmlmax of
pwagratvh(Ap for mim&W mvolvw days sway You emm we the aaoae Patmmka tm mmlamkntmhoots w'ofW DART ancadenre
fram wva[k Axeats tbm one sm ar `Vmvnber orf enrneu in b
tfteN cm Rfl$an Ihvr'other Rdma mms=ka aN Ca 0,";Ql4mmn k3'e t�oNamrr II b.9"all.emplUy'emm carie
IP- ph�(o), myolvvisig emAicted w�aor6.ma-tawigg,(M mmn(n army at„�,a a,�nyy ,�gypp
(a)To,ftpdovn koardaaaiabergfawoamwk FordsDOA),ommwomyoiwinepakin.dawmolmtu Q1fD,41(1fk 3^ � rsu� .wg� '" qU
amyhurkms eX0 afho m"000 accu mdAeadmd few (Mums(hC-2)on Form 300AA ago.Just substrata '
year,cm ma ghe inurober ofllimm Mtn"M.you the appnopeimm GOV.ieC Prim egg omnnm,fm m Fom ............................ '...............................................
............................
0SHAP ?09,of refex to dm OVIA Fomes .'g@CA,into do fomanlm in Om ofghm told muraaa
300A and Rum the ears iam for acHu ma(H (q,
)^ b affe�uaiea acrd iVlmmassa.
Noy row mrd e34m amber of daakaaraaAarrmf Wh#9 can R cowpnm arengp bra4ddmammm a°.mPe Reset
00noir Omk rtaask ,s jcana want 07
counk the number of hoe evan a sun you OSHA 'Prom Suummm of C^alaar:eamtiam9acn(BIS)carndacrw m
Form.300 thwt rmcmnved m chink.mmrlk in oaN mm
(H),or eefea to the antry fax.cwdumn(k3)on the muvmy ofoceupar"vanal unAanea and LUMMm res'3p Illlaallllllllllllllllllalllll
OPfA(Farm MA.. yma WA IP6169M w6 cm rate do%by
r,$
OSHA's Form 3001R..040D04)
maw you can R110 move 040 W90 foes aw We N. Attention:Thee Ill conl Informagon
Log
Wit amp heath and must be used in a M=of Work-Related UP*DcFftd%v*&M&mrffltsmy%cm'n tcha's 69 on"" proWbX01ftcoardanitaillya"fro"aldent Year 20 18
Mort el 11AdF"W ageing Me Pee obe POln IGolan, pont b*whis the Inrol ft Carig used for
Injuries and Illnesses Me tMA am prograrwrad to aullocalcullde fil opprallil U�3.Deparramme of Labor
WF.VWm4m8f mm mx$MamfdMd #B
no"Roe" Nownglol F—*"OM.k20417a
mWk-11a.Wd"M C-vhPeon k*imdill k.,dmK&o-n*WAAmeJ&0 waqw-low
nnudmmu nurdal adMnojeb�m-gkrdqr; Or—fl�wh�1.rpm&%apwmlll ddser-ffyPtftWwv.1agil EA�W—M.- EAR LLC Dil el
CaR
co,Austin Vag Texas
Kl
I i len li� 11; 11 11 lji� 1 1 lle� 'l 11 �i
(Ab 05) (C) im 4F)
Ni W, Ally. NG-d 0
`st�mr we
C— SO,we ll kalry Gel paru.e el
41vol oral alWork
ZI-IM Zg " ffml
Z!kr
Do" J.—ft. l
t ppb ill 09 JK) W
0 0 0 0 (4) (6) (M
000000
0 0 0 0 000000
.. ......... ............... ............ ........................................... .................. 0 0 0 0 000000
0 0 0 0 000000
0 0 0 0
000000
_ 0 0 0 0 000000
0 0 0 0 000000
d 1,
0 0 0 �riNm __gym
000000
0 0 C) . ............... 000000
.. ...................................... ................................................................ ...........
0 0 0 0000000
0
Pope sub 0, 0 0 0 0 0 0 0 0 0 0 0
Add a Form Page
F NIP-ZO C."IM.A ITIF vid,,w:i L,'Or'N Z".": Pm all au, -Ah'-'l ti
M 0) 0) (a)
OSHA's Form 300A mal o novel Ill can"a rharit load dror form And awe OL
Socill the krow In M rearedwasoll pediners We Ifilloblivarivoolsi Year 20 is
PC 0= oremsento a d yam
Summety of Work-Related Injuries and Illnesses thee MM your lhmes'."=2 fril ...at U.S.Olover;;wraaaNt of Labor
aataw
AD Meored byPerf IW4 dollar comphitio Ill Summeorypoll even Nod work-notated liberass,or fine esseakar roddluft"year
Refteubw No rvi Ift Log In wrgy ft?Nor choose lars,complim and accurate bvb*COMPhifirop INS Suffruivy,
ft Log come Me dyes,Phone&mob colon"
EnooRtmels,felmoor employees,and Mort ropreadalobwa how the Hinot tore ft OSHA came,3M in ft onsever Wool,at how Andied sevess,
In go OSHA Ram V I or go Sne,20 OFR Pol Ill In OSHA's nocordenholortir ruhe,Ice ItrIolls,doll an Me access pwk*np for u oagm R ii Oil EARTC
"411,1101TYM,
Schur
162010 Lane
zkpZ8725
T.W humbe,of Tow—b-of Tow number ofpronor Tow admiral of
dftdw com with 4*yv with job towl Or other twonlable Nadu het e h
away Rom work Fortmal on"
0 0 a 0 Traffic Signal and Fiber Cbl l infrastre ayrietewoon
_751 Worth Anincorsto iNAICS).ff1mawn 3361127
mike
Total ramal ofdol T&W number ofdays of Forksonor no,*0 prourpoll 10 eadmuff)
of Itim work 20
Arnold au EM*a of tWlil*ft
0 0 Tum1houl It 11 1 S)"ind 42.640-00
8,10 here ;;�v
MENIMMEMEMMEMM Knowimill I'mr,dyling thln dowel may rinuft In a not.
TOW number of.. I cerlifydual I haw ex ed die domeal and that to tria sion of
Irs) my knowtol the theme we doc tl rend c*wl
(I I Injuries 0 (4)Pai"mAirs a
M skin dimirderI 0 M Hearing two 0 conotal enverve Tdif
931 A"piral conditions 0 Ill All other illomi 0 rhanii 210-4200 Do 12,31,201a
lown ddo SwwwypsM fiven PWuwV V*ApW 10 area ywAMaWng fw)earcovwod th,do som Ransil
mm"ircont-w,Ill n.Mill d ab—o:— w'wip 70 i ll—",,-,li w—line"ll 1pY:=!!!'AM,111,11'd 111"d
-'cream ,!--1. ISam diliolill P-11m mIMp 1p11lr u,pm!lgr IiA, :rmw'.'11! 9 — «rvfl,Vilir mvy md e fl!
aid
m Room:You case Wpm input Berko creta fes sod mama ld.
u$¢khapr Hs recarMaelp n taouha mrtm` .nod d
adsus 9 gg �q n �y deg
w 1 r @sputa." d Yr-1 krmm .kn a RIM9
Worksheet Help X11 the r arm art tomato itwalalmamm ora.
A;Ow end of Pw yaw,®$PfA niquiva you Do meuhr Phe&makiv and tier Polar Pana&youraa wDrW area do Surminvy.Myrar don't have thea® s, can on oho infivagalIon on hot
par Ma mar Pa Us mdobfffs you War mod Do mrefcr an do Summary Gam
flyw pale *am ounr4mrobartrgdopoaa Pal reword dimughoul ara,year(&gr abMIOW
#+carr you cm use x vaeroo a.tYaw sqmAl ave anwitayflWor fl of ip m ouceonevs
ftnipay penodbpitypm log your hwal s+a mwonaol or f grew deahnardrdonrep NowMfigasra an wing#acwxak
Me yood,ftv Voir grader us#Ptd Awrit4m bNow do cookukoun,evintomyermW avaa.
Include noun worked by nmlmiao4 y, o,and @magad wdrksro,
BY roffegum do Avams a u Ot m Y "eked IbP' r e asPkdtPWasg7on Year. ma well an hours woLvJ by other wPrrkero @ubjKa to cheat y ouperviation
b)yoaueotabhohment(e.g.,tmnps help sawacm w°amkerp).
Addvp and thea ants,the m uol mr alemployonymw W, not morcludo a^0496M girls laswo,holiday@,or any captor non-work ante,
ytlioh5Ift Inti mb SU amyl"ym rialD d 3 �%s uaWxw m,a u� @u __-........ . only the
ce d were paid for ie mplor aatw who
=nt r paid byrendre of
Pm mvmn
ple
Mo gas,BeEte Daae ao auxctadn aYE err to moos AaPRrlmm,,. ed^9v:'aaa��WU u� 0 flea horxru plaid.or mfyvra Itavm meapldyamm svho arm sank paid by rho Ihapur,
tame^reran amoswnal,e�oiaxmd,and hasue!° U m e maturome Ma houra Meg the employoaa actually worked.
Ifilmo number ion't ma•wil W,gvata^an use thia op4oawd morknhma:w
Coma mdth aaawrOw be;o1pay podods Por o4ou¢ueIF,
onablis to Hand chain&the yeas.ss%uro to lotcludm
any Pay pmrloda when you had no o:raployees.For
"moole,moor 26 of ran hone tn-wooedy spa,rperncrdt rM® m( � 52.00
or K2.or)ad hexa raoeoj)po'petro,".1. OptionshWorkshmml
• .... ....052 - 20Find the uumber of 1"Al•dn,.e emplo}we@ in yow
dvdm the number of sgeoaea by tnumber of '0 m �, mtabh@hmed for the yamIY .a re :a
2"080'00 Maakiney by the ftomherorworL hows for a full-time
Powad diga mamworaothe ran hopm wholei mmplolveinayam.
num'br t.'Ses um¢o-eale u,,Wrote the rounded 'rh@
barrinthe Wankondee5 cage 41,600.00
d,lreaeex!'ca^@swrgw anean�ovaJmmpPmg@aa. '1"Pair u ohm nsasmlaae opttoll-tea hoo'noorked.
+ 1 6040,00 Add dam nnmaber orgay ow m hoax@ ao w°ell as the
ror ea k•Acne C ' Au
mrid Bt@oww%s trupl .tltla woy, dl:®� f,mr„,e,,am,w ex,11 ii ®v®u�e homes w mLgd by other armployemr(.pto-tamne,
^a&.w a,�aa, w a .w=one tamp =ro rm17'.
6 Om Gaut°E .w;,erax mme
2 a �@(awC.Jr@gmen��"'alWb me'ru%a war;,oww [w�wav&m
^pAq.2erpdaJ9phy.'6rN,rhyM1ry
nvn p,,:w,ugn Kr:c nmmrxu..F v.mF&+,.ymo umq
a 115 trw,m.. 6A"kP atm a®swam ea as:ad cxev
m 7d Mnw•mnx a(IWY Bwao9+.4, Zea e^eaw.u.:o iix'em:Q..a.sskdNu4.:nx^ RPiM1ddPPd 416,$S1.®'16'ar onBtLa react hulling w'hT lm ft4VnlVmY
s 4e ,t.at t ,w .w wrote dw rouordad number rue the k tai the
•m w Fd Surgoenary mt @n rod Tom l hov s~kod by sell
2.a ro a,t<e�rr r,yraor am w ma�.�: r lu mgs$sort ymar
z5 t5 Pt'aeu, exaa49nu' mm� maud�nrt
E6 weu.El :u0w m:mw m.a K eves-men
-� II Yw u�q'¢a Geo mmB rarat+a3xvu
aaa aa�m®a®agtmaaeemwuamn9ma�nmpl�mar I�mFuvuun+ptaa5pan6eatu6mgaa:n gi �
xPne la On'a u'b.:.—w—em r•-ex
00500 AGREEMENT
i of c ex o tract s
Standard + r of Agreement: Section
City of Round Rock, S
Standard t
Owner and Contractor
AGREEMENT made as of theay of in the year 20,,,,,,
22-
BETWEEN the Owner: City of Round Rock,Texas(hereafter"Owner"or"City")
221 East Main Street
Round Rock,Texas 78664
and the Contractor EAR Telecommunications,LLC A: EARTC ("Contractor")
147194GS 290 .,Suite 106
.... , m _ ....
Manor,TX 78653
The Project is described as: Ma St Intersection Improvements
�.�.�.�. 1 � n,..
Bowman and Logan St
N.Mays St at B.......o .. ....
The Engineer is: Shaun Spivey PL
. .......
BCiE, Inc.
210-58i-3600
SSpiteyQbgemc°co
For and in consideration of the mutual terms, conditions and cotenants of this Agreement and all
accompanying documents between Owner and Contractor, the receipt and sufficiency of which are hereby
:acknowledged,Owner and Contractor agree as follows:
ARTICLE I THE CONTRACT DOC S
The Contract Documents consist of this Agreement,Conditions of the Contract(General,Supplementary and
other f;onditions), Drawings,Specifications, Addenda issued prior to execution of this Agreement,other documents
listed in this Agreement and Modifications issued after execution oft itl 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 supersede,;,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.
0050+ 4-2021D Pale I of 5 Standard IFoinirn mrf&gucc~ncint
00443647
ARTICLE 3 DATE OF COMMENCEMENT; DATE OF SUBSTANTIAL COMPLETION; DATE OF
FINAL COMPLETION
3.1 The date of commencement of the Work shall be the date of this Agreement unless a different date is stated
below or provision is made for the date to be fixed in a Notice to Proceed issued by Owner.
3.2 The Contract Time shall be measured from the date delineated in the Notice to Proceed.
3.3 Contractor shall commence Work within ten ( 10 calendar days
from the date delineated in the Notice to Proceed.
3.4 Contractor shall achieve Substantial Completion of the items of Work listed on Attachment A to this
Agreement no later than one hundred fifty (_150 )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 fift .... (_150 )calendar days from issuance by Owner of Notice to Proceed,subject to
adjustments of this Contract Time as provided in the Contract Documents.
3.5 If Contractor fails to achieve Substantial Completion of the Work (or any portion thereof)on or before the
date(s)specified for Substantial Completion in the Agreement,Contractor shall pay to Owner,as liquidated damages,
the sum of'five-hundred and oA00
Dollars($ 500 for each calendar day that Substantial Completion is delayed after the date(s)
specified for Substantial Completion. It is hereby agreed that the liquidated damages to which Owner is entitled
hereunder are a reasonable forecast of just compensation for the harm that would be caused by Contractor's failure to
achieve Substantial Completion of the Work(or any portion thereof)on or before the date(s)specified for Substantial
Completion in the Agreement and is not a penalty. It is agreed that the harm that would be caused by such failure,
which includes loss of expected use of the Project areas,provision of alternative storage facilities and rescheduling of
moving and occupancy dates, is one that is incapable or very difficult of accurate estimation. It is hereby agreed that
if Substantial Completion of the Work(or any portion thereof) is not achieved on or before thirty(30)days after the
date(s) specified for Substantial Completion in the Agreement, the Owner shall have the option to either collect
liquidated damages as set forth herein or to thereafter rely on its remedies under the Contract Documents and at law
and in equity, including without limitation, the recovery of actual damages. The date(s) specified for Substantial
Completion of the Work(or any portion thereof)in the Agreement shall be subject to adjustment as provided in the
Contract Documents.
3.6 Contractor shall achieve Final Completion of the entire Work no later than one hundred eighty
LIN )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 under this Agreement, The Contract Sum shall be
five hundred sixtld- i h�ftp�gq
]T........................q d,five hundred thiqy-one dollars and ten cents...................................................... ............................................................
.........................................................................
(S 568,531.10 __........................ 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?
hyo„X I
.................... Yes fyes,please provide details below:
NSAN)A
......................................................................................................................................................... ..........-.................
........................................................................................................
...............................................................................................................................................................................................
.................................................
........................................................................................................-......................................................................................
.................................... —----------------- ---------------------
00500 4-2020 Page 2 of 5 Standard Form of Agreement
00,443647
ARTICLE 5 PAYMENTS
5.1 PROGRESS PAYMENTS
5.1.1 Based upon Applications for Payment submitted to Engineer and Owner by Contractor,and Certificates for
Payment issued by Engineer and not disputed by Owner and/or Owner's lender,Owner shall make progress payments
on account of the Contract Sum to Contractor as provided below, in Article 14 of the General Conditions, and
elsewhere in the Contract Documents.
5.1.2 The period covered by each Application for Payment shall be one calendar month ending on the last day of
the month.
5.1.3 Provided that an Application for Payment is received by Engineer and Owner, and Engineer issues a
Certificate of Payment not later than the tenth (10th) day of a month,Owner shall make payment to Contractor of
amounts approved by the Owner not later than the tenth(10th)day of the next month. If an Application for Payment
is received by Engineer and Owner after the application date fixed above,payment shall be made by Owner not later
than one month after the Engineer issues a Certificate for Payment. The Owner shall not have any obligation to pay
any amount covered by the Engineer's Certificate for Payment that is disputed by the Owner.
5.1.4 Each Application for Payment shall be based on the most recent schedule of values submitted by Contractor
in accordance with the Contract Documents.The schedule of values shall allocate the entire Contract Sum among the
various portions of the Work. The schedule of values shall be prepared in such form and supported by such data to
substantiate its accuracy as Engineer and Owner may require.This schedule,unless objected to by Engineer or Owner,
shall be used as a basis for reviewing Contractor's Applications for Payment.
5.1.5 Applications for Payment shall warrant the percentage of completion of each portion of the Work as of the
end of the period covered by the Application for Payment.
5.1.6 Subject to other provisions of the Contract Documents, the amount of each progress payment shall be
computed as provided in Article 14 of the General Conditions.
5.1.7 Except with Owner's prior written approval, Contractor shall not make advance payments to suppliers for
materials or equipment which have not been delivered and stored at the site.
5.2 FINAL PAYMENT
5.2.1 Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made by Owner to
Contractor when:
.1 Contractor has fully performed the Contract except for Contractor's responsibility to correct Work,
and to satisfy other requirements,if any,which extend beyond final payment;and
.2 a final Certificate for Payment has been issued by Engineer and approved by the Owner.
5.2.2 Owner's final payment to Contractor shall be made no later than thirty (30) days after the issuance of
Engineer's final Certificate for Payment. In no event shall final payment be required to be made prior to thirty(30)
days after all Work on the Contract has been fully performed. Defects in the Work discovered prior to final payment
shall be treated as non-conforming Work and shall be corrected by Contractor prior to final payment,and shall not be
treated as warranty items.
ARTICLE 6 TERMINATION OR SUSPENSION
6.1 The Contract may be terminated by Owner or Contractor as provided in Article I of the General Conditions.
00500 4-2020 Page 3 of 5 Standard Form of Agreement
00443647
6.2 The Work may be suspended by Owner as provided in Article 15 of the General Conditions.
ARTICLE 7 ENUMERATION OF CONTRACT DOCUMENTS
7.1 The Contract Documents,except for Modifications issued after execution of this Agreement,are enumerated
as follows:
7.1.1 The Agreement is this executed version of the City of Round Rock, Texas Standard Form of Agreement
between Owner and Contractor,as modified.
7.1.2 The General Conditions are the "City of Round Rock Contract Forms 00700," General Conditions, as
modified,
7.1.3 The Supplementary,Special,and other Conditions of the Contract are those contained in the Project Manual
dated December 2021
7.1.4 The Specifications are those contained in the Project Manual dated December 2021
7.1.5 The Drawings,if any,are those contained in the Project Manual dated December 2021
7.1.6 The Insurance&Construction and Forms of the Contract are those contained in the Project Manual dated
December 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 December 2021
...........................................................................................................................................1-1.1...........................
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 her documents,if any,forming part of the Contract Documents are as follows:
NONE
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: Matthew Bushak,PE
3400 Sunrise Read, Round Rock,TX 78665
512-341-3318
mbushak(@roundroc ktexas.p,ov
8.3 Contractor's representative is: Carlos Reyes/President
14719 US 290 E, Suite 106
Manor,TX 78653
8.4 Neither Owner's nor Contractor's representative shall be changed without ten(10)days'written notice to the
other party.
00500 4-2020 Page 4 of 5 Standard Form of Agreement
00443647
8.5 Waiver of any breach of this Agreement shall not constitute waiver of any subsequent breach.
8.6 Owner agrees to pay Contractor from available funds for satisfactory performance of this Agreement in
accordance with the bid or proposal submitted therefor,subject to proper additions and deductions,all as provided in
the General Conditions, Supplemental Conditions, and Special Conditions of this Agreement, and Owner agrees to
make payments on account thereof as provided therein. Lack of funds shall render this Agreement null and void to
the extent funds are not available, This Agreement is a commitment of City of Round Rock's current revenues only.
8.7 Although this Agreement is drawn by Owner,both parties hereto expressly agree and assert that,in the event
of any dispute over its meaning or application,this Agreement shall be interpreted reasonably and fairly,and neither
more strongly for nor against either party.
8.8 This Agreement shall be enforceable in Round Rock,Texas,and if legal action is necessary by either party
with respect to the enforcement of any or all of the terms or conditions herein,exclusive venue for same shall lie in
Williamson County, Texas. This Agreement shall be governed by and construed in accordance with the laws and
court decisions of the State of Texas.
8.9 Both parties hereby expressly agree that no claims or disputes between the parties arising out of or relating
to this Agreement or a breach thereof shall be decided by an arbitration proceeding, including without limitation,any
proceeding under the Federal Arbitration Act(9 USC Section 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 Hl and faithful performance of the to 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 �'ROU! �R ,,,K,TEXAS EAR Telecommunications,LLD EARTC
....................................... ............... .......
Printed N to Printed Nam eyes ....
woo
�Y ............................ . ................ ............................................................
.........._
................ ...........................................................................................-.........................................
TitleTitle�. P sident
—AftnL— . ..
..............................................................................................................................................................................
DateSigned: ate Signed- ........0.......2.........1211.........2.........022............................................................................................................
..
ATTEST:
City Clerk
FOR C APP 'OVED S TO FORM:
ZLAS4
City At rney
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
and must be rounter-signed by Texas local recording agent,
ALL THE ABOVE INFORMATION CAN BE FOUND AT
Texas DeRar of Insurance website—www.tdi.state.tx.us
5. Make sure the dollar amount on of Performance and Payment Bonds match the
amount of the Agreement & Bid or Sheet.
6.
of Perforrnance 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
ACOR-D 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: httt):�,'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 Cie any does not have t®be"licensed in
flity do have to be"eligible for aTexas license."
Please verify with the Texas Dept of Insurance
website [it 2:..'°,w ww, Coin party Lookup
b. Policy has to be written by licensed surplus lines Agent.
Also verify with flic Texas Dept of Insurance
Website:h
1tp,,,,;www,tdi,sta4cjx us.-Agent Lookup
4. TYPES OF INSURANCE COVERAGE—
CONSTRUCTION CONTRACT. Please double check the General Conditions and the
SgpRlemental General Conditions for the types and amounts of insurance required. The
Supplemental General Conditions usually state the following:
a. Business Automobile Liability Insurance
® Workers' Compensation and Employers' Liability Insurance
C. Commercial General Liability Insurance
d. Builders' is 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 on Rock must be listed on the Certificate of Insurance as an additional insured (except
Workers Compensation and Builders Risk),
T 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 ' ex s Department of Insurance website—www.tdi.state.tx.us—A90LL22hm
and Number 54-239731
PERFORMANCE BOND
THE STATE OF TEXAS §
§ KNOW ALL BY THESE PRESENTS:
COUNTY OF WILLIAMSON §
That EAR Telecommunications.. LLC of the City of Manor
............................................................................
Counti�o .... .......... and State of Texas.............................................................., as Principal, and
..... .....1.1-11'...
United fire& Casualt, Com n authorized under the law of the State of Texas to act as surety
,3Lq 3...............
on bonds for principals, are held and firmly bound unto the CITY OF ROUND ROCK,TEXAS
(Owner), in the pen® sum of Five Hundred Sixty Eil ht Thousand Five Hundred ThirtyOne and 10ents
Dollars ($ 568,53LI ............I.,.,."
".1--.-...................................__j 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
-
Zt!��
--------- - day of 20 22 to which the Agreement is hereby referred to
and made a part hereof as fully and to thfstame extent as if copied at length herein consisting of:
Mays St Intersection ImDrovements
N. Ma s St at Bowman and Lo an St
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 I
00610 4-2020 Performance Bond
00443639
PERFORMANCE BOND (continued)
Surety, for value received, stipulates and agrees that no change, extension of time, alteration or
addition to the terms of the Agreement, or to the Work performed thereunder, or the Plans,
Specifications, or drawings accompanying the same, shall in anywise affect its obligation on this
bond, and it does hereby waive notice of any such change,extension of time,alteration or addition
to the terms of the Agreement, or to the work to be performed thereunder.
If Principal fails to faithfully perform said Agreement, Surety, after receipt of written notice of
Principal's default,shall perform all of Principal's duties and obligations under the Agreement. If,
within ten (10) days after receipt of such notice from Owner, Surety does not commence to
complete the obligations of Principal with a contractor acceptable to Owner and diligently
complete the performance of the Principal's duties and obligations, Owner shall have the right but
not the obligation to have the duties and obligations of Principal performed. In such event, Surety
shall pay to Owner, upon demand, all costs,expenses and damages sustained by Owner as a result
of Principal's failure to perform its duties and obligations under the Agreement up to the
$568,531.10 sum of this Performance Bond, plus all costs and expenses, including
.................................
attorney's fees and expert and consultant fees incurred by Owner to enforce its rights under this
Performance Bond.
IN WITNESS WHEREOF, the said Principal and Surety have signed and scaled this instrument
this ..............2 5 th day of February 20 22
............. , - I . . .
EAR Telecommunications, LLC United Fire & Casualty Company
.......................................................
Principal Surety David Satine
........ ................................. .
P'ri
' —nted--Name...... ..... ......Printed Name
By: By:
"'i n..........F
Title: a-c-t
Title: n
73909
Address: Y 2 Address: ox
W.Manor, 78653 Cedar Ra-p-iJss,- 1-A --iq0T
Resident A F t of Surety:
..............
Sr nature
David Satine
...................
Printed Name
100 Commons Road
...........
StreetAddress
Dripping Springs, TX 78620
City, State & Zip Code
00610 4-2020 Page 2 Perrorymnce Bond
00443639
PAYMENT BOND Bond u r 5 -239731
THE STATE OF TEXAS
§ KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF WILLIAMSON §
That EAR Telecommunications, LLC nor
of the City of a.. .. ...... .... ...y
`Cravts„ , as Principal, and
County of and State of Texas mm .
lnited Fir.& .as,ally 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 ROUNDROCK,
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
five hundred sixty-eight thousand, five hundred thirty-one dollars and ten cents
_.,------ __ _________ ____________________ __________1'_'__..- ----------------------- ___________Dollars( 568 531 10 ..............) 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:
WHFRFAS,t ertnclp al has entered into a
certain written Agreement with the Owner,dated the
day of 20 22 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:
Mays St Intersection Improvements
N. Mays St at Bowman and Lo an St
NOW, THEREFORE, THE CONDITION OFT THIS LIGATION 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
010620 04-2020 Paymeno Bond
PAYMENT BOND (continued)
Surety, for value received, stipulates and agrees that no change, extension of time, alteration or
addition to the terms of the Agreement, or to the Work performed thereunder, or the plans,
specifications or drawings accompanying the same shall in anywise affect its obligation on this
bond,and it does hereby waive notice of any such change,extension of time,alteration or addition
to the terms of the contract, or to the work to be performed thereunder.
IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this Instrument
this_25th day of February 20 22.
.............
EAR Telecommunications, LLC United Fire & Casualty Company
..............................................___11111—...........
Principal Surety
ca_� Qavid ,�
......................
....... ..... pp�.......... ........
Printed Name Printed Name
BY` By:
.................................................. .......................
Title: tt, 1�
Title: Ifo i �y- n--act
Address Hwy UT ast Address: PO Box 7316
............... .... ..... ....... ........
Man-or, 1A. 78653 Cedar. . ... Raj?i d s I..A...............5 2..4 1 0 1 7 ..3949
.. .
........... ...................................... .......................................................
Resident gen olf Surety:
Signature
David atine
..............
Printed Name
100 Commons Road
Street Address
Dri,�p[:)ing Springs, TX. 78620
11111111111- — 1-11111..................
City, State &Zip Code
OC62A)1 Z020 Page 2 Payment and
0009M56
(,'NITED FIRE&CASTLoALTY COMPANY,CEDAR RAPIDS,IA Inquiries- Surety Department
URN
UNITED FIRE&INDEMNITY COMPANY,WEBSTER,"f`4I IS Second Ave SE
FINANCIAL PACIFIC INSt,'RANCE COMPANY,ROCK KLCA Cedar Rapids,TA 52401
NSU ANC( CERTIFIED COPY OF POWER or ATTORNEY
(original on file at Horne Office of Company ,-See Ceruficafiorm,,l
KNOW ALL PERSONS By-rilLSE PRESENTS,That tA nited Fire&Casualty Company,a c.,orimrauion duly organneed and existing tinder the taws
of the State of Iowa; United Fire & Indemnity Company, a corporation duly organized and existing under die laws of the State of Texas, and
Financial Pacific Insurance Company,a co ration duly orgmwcd and existing under the laws of die State of California(herein collectively called
the Companies),mid having then-corporate headquarters ut Cedar Rapids,State of Iowa,does make,constitute and appoint
WARREN ALTER, DAVID SATINE, JONATHAN BURSEVICH, EACH INDIVIDUALLY
their tnie and lawful Attorney(s)-in-Fact with power and authority hereby conferred to sign, seal and execute in its behalf all lawful Bonds,
undertakings aild other obligatory instruments of similar nature provided that no single obligation shall exceed $20,000,000.00
and to build die Companies thereby as fully and to the sante extent as if such instrurneats were signed by the ditty authorized officers of the Compaiiies
and all of the acts of said Attorney,ptu-suant to the authority hereby given and hereby ratified and confirmed.
Ilie Authority hereby granted is continuous alid shall remain to full force mid effect until revoked by United Fire&Casualty Company,United Fire&
Indernufty Company,said Financial Pacific Insurance Company
This Power of Attorney is rade and executed pursuant to and by authority of die following bylaw duly adopted oil May 15m 2013,by the Boards of
Directors of United Fire&Casualty Company,United Fire&Indemnity Company,and Financial Pacific Insurance Company.
"Article V1-Surely Bommis and t"ridertakings"
Section 2,Appointment Oji Aqtonicy�in-Fact. "The Pre%idew Or any Vice President,or any other officer of tire Companies may,fromn liate to time, apponu by written
certificates attorneys in fact to act in behalf of tire Companie%m the execution of policies of insurance,bonds,uridenakimigc and Other obligatory instiumncnv�Gfirke nanire
1[rha signature of army officer authorized hereby,mid the Corporate seal,may be affixed by facsimile to any povver of atiorney or special power of attorney or certification of
either authorized hereby,such Signature amid seal,when so ti�,ed,being adopted by the Companies as the original Signature of such officer and the original seal of time
Companies,to he valid and buiding upon time Companies with the same force and effect as though manually affixed. Such atiorneys-iii-fact,subject to the limitations qcl of
forth in their respective certificates of authority shall have full power to bind the Companies by their signature and execution of any such instrument%and to attach the seal
the Companies thereto, The President or any Vice President.the Boari of Directors or any other officer of the Companies may at any tirtme revoke all power and authority
previously given to any attomey-in-fact
IN WITNESS IATIEREOF,the COMPANIES have each caused these presents to be signed by its
cm9gly vice president and its corporate seal to he hereto affixed tis
3rd day of December, 2019
s"v
CASUALTY COMPANY
UNITED FIRE&
L sett !Z
1%,4 "."�P UNITED FIRE&INDEMNITY COMPANY
FINANCIAL PACIFIC INSURANCE COMPANY
By:
State of Iowa,County of Linn,ss:
Vice President
On 3rd day of December, 2019, before meersonal,y casae Dennis J. RiChniann
to me known,who being by nie duly swam,did de. Tsay,that lieresides in Cedar Rapids,State of lowa�Ural he is a Vice President of United Fire
& Casualty Company, a Vice ]resident of United Fire & Indemnity Company, and a Vice President of Financial Pacific Insurance Company the
corporations described in and which executed the above instrument-, that he knows die seal of said corporations, that die seal affixed to die said
instrument is such corporate seal,that it was so affixed pursuant to authority given by die Board of Directors of said corporations and that lie signed his
itanic thereto pursuant to like authority,and acknowledges same to be the act and deed of said corporations
Paul Waddell
Iowa Notarial Seal
Commission number 713274 ValNotary Public
Commission Expires 1012812022
My commission expires: I W26`2022
1,Mary A Bertsch,Assistant Secretary of United Fire&Casualty Company and Assistant Secretary of United Fire&Indentifity Company, and Assistant
Secretary of Financial Pacific Insurance Company,do hereby certify that I have compared use foregoing copy of die Power of Attorney and affidavit,and
die copy of die Section of die bylaws and resolutions of said Corporations as set forth fit said Power of Attorney,widi die ORIGINALS ON FILE IN THE
HOME OFFICL OF SAID CORPORATIONS.and that die sante are correct transcripts dicreof,and of the whole of die said originals, and that die said
Power of Attorney has riot been revoked and is now in full force and effect.
I it testimony whereof[have hereunto subscribed ray name and affixed the corporate seal of the said Corporations
this 25th day of Febrtam
2022
0." 11_.
CAS %
0
0.. q%
S
COR CORPORATE 0,
By: It
SEA'
4 Assistant Secretary,
. ............
Fir oll"s UF&C&UF&I&FPR
oil o%t A1110
BPOA0049 121?
UnOd rwe 9 Cawally Company
Uniled Fdre&kdemndy Canywny
U I Francial Pad�k ftrowce Company
5
torr
91r My
IMPORTANT NOTICE
TO OBTAIN INFORMATION OR MAKE A COMPLAINT:
You may call United Fire Group's toll free telephone number for information or to matte a cornpiaint at-
800-343-9130
You may also write to United Fire Group at:
United Fire Group
Attn: Surety Department
P.O. Box 73909
Cedar Rapids,IA 524073909
-or street address-
United Fire Group
Attu: Surety Department
I IS Second Avenue SE
Cedar Rapids,1A 52401
You may contact the Texas Department of Insurance to obtain information on companies,coverages,
rights or complaints at,
800-252-3439
You may write the Texas Department of Insurance at-
Consumer Protection(I I I-I A)
P-OI ox 149091
Austin,TX 78714-99091
Fax- (512)490-1007 Web:&w&wEw.tdi.texas.gpv
Email:ggfijqMj[E[qLecfion .tdimtexas. o
Premium or Claim Disputes:
Should you have a dispute concerning your premium or about a claim,you should contact United Fire
Group first.If the dispute is not resolved,you inay contact the Texas Department of Insurance.
ATTACH THIS NOTICE TO YOUR BOND. This notice is for information only and does not become
a part or a condition of the attached document and is given to comply with Section 2251021,
Governmental Code,and Section 53-202,Property Code.
Homr OFMCE 19S Second Avenue SE PO Box 73909 1 Cedar Rapids,Iowa 52407.3909 l P;800-332-7977 l F:319.286-2590 Wwtan wgins.cun
--------
7HISCENTIFICATEISISSUUEDASAMATTEu&OFINFORMAM ONLY AND CONFERS NUORIIGHTSUPOUB"o-MCER'Ta(FRCAFEHOILIDER.'THSSCERTOFICATEDO ESIAUOTAFIFIRMATIVEIL"NR„pRN{L°GATIVELV
AMEN1%EXTEND OItU.ALT'IENB"NHECOVEI GE AFFORDED BY T1IE POLICIES RELOW.THIS CER11IFICATE OFUNSUIRANCEILUOESNUO"rCON4STITUU"0E,ACONTRACT BE IENN'THEISSUIINGINSURIER(S),
AU,U'nHOIRR ETD RIEPRIESENTTA'TPAE OR PRODUCER,AND'FH E CEERnFIICATE HOLDER.
___
DNIPORTANWT,.OthecerdficakeholdewIsaunADDTTNCTNNAU INSURED,the ohWie!U)mosthaveA DIMONALII NSU RET.TpravislonsorlWentlmed,IINSUUUNIRNT!GATION MWAIVED.Subjew to thetemmmand
dIdOnsofthe pollIcy,sertallnllici imayrepuuiireanenndosement.AT NB tonddsc ted notconferg,119tu¢a4othe r9f9 teholder UvallOo&ofsuuchendors t(%).
_.__________ . aw ____________
PRODUCER
AGP
NAME. Marielli Ce taro
Spar&Umsuranre Agency PHONE
F ---—__.—_____
13377 Pond Springs Road,Ste 1412 4A/C,N 0,E r 5'12.33't-1513 (A/CA N O).512-331 �500
Austin TX 78729 E-MAIL
ADDRESS: PTpce stcarn'&.L,tc3UTtUersaagent.cooTr
-----—--------OPNSUU-E�CS��FF2DNTUSUN9 COVERAGE_�_.__M_________ PNAUCN W
INSURED
__��___-___
NNSUHRERA: ILui utra 0rusa�Tarur earru�a �u
-R-D
PUWSUWRERm Texas M uffUaM UnslLuramG,
IEar Telecomnlmr a ni fio ns B_ILC - ---.—.---------.-----.-- -------------------
14719
__________14719 US HWY 294.1 IE Ste:106 IINts4,RERC: _— —-------_._w-________.-----. _________
Manor TX 741653 INSURER D:. ___________
IIRNSUURER Ee
________�_________________________-
RESCERTIFICATE NUMBER, REVISION NUMBER:
THIS ISTGDCERnFYTHAT THE POILQCUESOF:INSURANCE LISTED BELOW HAVE BEEN IISSU.UEDTOrFHEINSURED NAME ABOVE FOR'THE PaOUCYPERIOD PNNrDUCATED.NOTWITHSTANDING ANY
REQUIREMENT,TERM ORCONDITION OFA.NYCONTRACT OROTHER DOCUMENTWITNNIRE PECT'TOWHICH THIS CERTIFICATE MAYIEISSUED 4,TP3MAY PER,TAIINd.THE INSURANCE AFFORDED BYTHE
POLICIES DIESCRP'N&CDHEREON 05 SUBJECT'TOALLTNHETER MS,EXCLUSIONS AND CCDNk'GDHTnUDPmsCRFSUCHPOLllr'HES.PPIMITSSHOWN MAY HAVE SEEN IITEDH„UCIEDIRvPAID CLAOMS.
_ ------------------
_. _____________________ --------
__ --------------
HSR TYPE CFIWSU SCE ADDmL SURRN3HCYNUd91ER POlUrYEFF UR Tp
TU
NUISLTTURSD WVD 4RA/DD 414/DID YYb
_ _____�__ ___ __ _ � _�M-----------------------------------------
___
XL
CGUUERCUALCENel LIABILITY EACH awrE100
_:1Ca s �A�C OCCUR DGE'ORENTED
PREFAMS(EaOccurveme1 100,00
DeducliblIe-$2,500 MED EXP(Any one person) z 5,00
---------------A
________ ,n, »/ 96I G05382-01 141/419124121 141109/21,122 PERSONdAL&ADWPHN�RJUPRY__S__1,0010,4141
____
GaENU'°L AGGREGATIEILPMITAPPLIES F'IERfi GENERAL AGGREGATE --------------2,4,00,00
------------------
PGDLNCY y P'ROT'ECT U41C PRODUUCTS-ri.4DNAP�/rCbPAGAC $ 2,000,00
OTHER: _S
AUTOMOBILE LIABILITY -----_ ___ ___ ______________________ __________ --_,. � COMBINED SINGLE 0.uPRrG �
tEa aoddenv1
__-
ANUYAUUTCD BODRVINJURY(Per pereon) S •_,„.
4DWNEDAUU'TOS SCHEDULED BN1r38UYPNdBUURY$Pera¢sb�era41 S
GDINLY AUU'rOS
WREDAUTTOS N ONr-O WNHF_D PROPERTY DAMAGE $
ONLY AUU'TOSGDPRUY QPeraaAdenH1
___---------------- - - ----
X UUIMBRE UAAPN XOCCUR EACHOCCURRENCEv S 2,000,00
,A EXCESS UCLAIIAS-MADE 96BE04321-01 141112/24121 141/12/24122 MkMRFGATE S 2,000,4111
TEE _NDEHD RIEPENUTPGINHS
-_..----.�.---------------------
WORKERSOCI PENNSAT$G9NN __________ ___ ____ PER 4DP'4NA
D EPSP IERS°LH ITU 17Y STA'TUUt'E
M4YPR0PR0E'II'0R/PARTNNFR/ VIM E.IL.EACH ACCIDENT $ 1,000,000
EXECULIVE OFFICER/MEMBER N/A if 0002914223 05102/20211 05/0212022
G E CLUUDED?4 auaaHaaT In H1 Y E.L.DIS�EASE•EA.EMPpLOYEE 1,000,00
Ifyes,dmcnbe under IL'DESCRUIP1TNC11NOF E,U.DISEASPE»m4DUPCYU90wnPT $ 1,000,000UPE TPDN9SIMuuaa
W _____.--------------------------
_____________________________________ ____________ ____________________ ------------
---------------------------------------
DESCRIPTION
______._._n__
I
TDESCRIPTIONOFOPE T11GDPRS/U.4D ION'MSIVEHICLlES4,A ORD 101,AddlidoanalRemarks.Sched e,may The attached aNalm slr caller uaU 1
City of Round Rock is listed as an additiDTnaU insured per Mached 4: a nket end4RIrse ment,
----------------------------------------------------------------------------------------------
CER AFRCA'TE HOLDER CANCE11ATION
rFtP75Nni9_er SO4ODULD ANY OF THE ABOVE DESCRIBED NaOUICRES BE CANCELLED BEFORE THE EXPIRATION�
City of Round Rock DATE'THEREOF,NOTICE WILL BEDEU VEREDIIN8ACCORDANiME WTH THE POLICY PROVISIONS.
221 E I�4i: Main°��i41reelt AUTHORIZED __w_ ..•..m.��.-----------------
_______________ ULDTR' ____________________ __Zt ___ __.w-_,_.---------- � _ _ _—______________
A N IRD 25(2016/03) '1988-2015 ACOIRD CORPORAnIDICW9.All IRights Reserved
31-1769 1 T-U 5 The ACORD IR TTne and logo are lre istered lmarks of ACORID
=IMWDDffYYYIACCOREP EVIDENCE OF PROPERTY INSURANCE
THIS EVIDENCE OF PROPERTY INSURANCE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE
ADDITIONAL INTEREST NAMED BELOW. THIS EVIDENCE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE
COVERAGE AFFORDED BY THE POLICIES BELOW. THIS EVIDENCE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE
ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE ADDITIONAL INTEREST.
AGENCY f'F COMPANY
KRAFT LAKE INSURANCE AGENCY INC American Zurich Insurance Company
5600 SEECHTREE LANE SE
CALEDONIA,MI 49316-9567
XEEE E-MAII�ss�- ta
meestari@farmersagent.com
ersagenl.ecsm
FAJ
ODE:A005296t3
AGENCY
INSURED LOAF!NUMBER POLICY NUMBER
Ear Telecommunications LLC ER73989597
4719 US Highway 290 E Ste 106 EFFECTIVE DATE EXPIRATION DATE
UNTIL
Manor,TX 75653 134/04/2022 04104/2023 TERM NATCONT:NUEE IF CHECKED
THIS REPLACES PRIOR EVIDENCE DATVDa
PROPERTY INFORMATION
LO CANTO NIDES CRI PTIO N
Mays Street at Bowman Road;Mays Street at Logan Street
Round Rook,TX 75664
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.
NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT NTH RESPECT TO WHICH THIS
EVIDENCE OF PROPERTY INSURANCE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE,AFFORDED BY THE POLICIES DESCRIBED HEREIN IS
SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE SEEN REDUCED BY PAID CLAIMS.
COVERAGE INFORMATION
COVERAGE 1 PERILS I FORMS AMOUNT OF INSURANCE DEDUCTIBLE
Builders Risk Coverage Form $1,000
"total Completed Project Value $567,532
RE ARCS IncllJdin S eoial CsBnditicsns
CANCELLATION
HOULD ANY
0 THE AEOVE DESCRfI�ED PGl'L[C[ES SE CANCE�BEFORE
THE EXPI TIOP! DATE TFIEREOF, NOTICE SILL BE
CIELIVERED IN ACCORDANiCE ITNI THE POLICY pROVIStONS.
ADDITIONAL INTEREST
NAME AND ADDRESS �MO:TGAGEE f ADI31TIC5 L IFBSURErlCity of Hound Bock AYEE
221 E.Main Street LOAN 9
Round Flock,TX 76664
AUTHORIZED REPRESENTATIVE
ACORD 27(2009112) 031993-2009 ACORD CORPORATION. All rights reserved.
The ACORD name and logo are registered marks of ACORD
® DATE(MMMDI"e I
CERTIFICATEIIS LI II 1111 ITY 11INSUIRAINCIE02/2012022
............. ........................................................................................................................................................................................
.......................................................................................................................................................................................................
.............................................
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONII..1Y AND CONFII:.RS NO RIGHTS UPON THII: CERTIFICATE HOLDER, THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER TIME COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE (DOES NOT CO'NS'TITUTE A CONTRACT BETWEEN THE ISSUING IINSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER.AND TIRE'CERTIFICATE HOl..DER.,
IMPORTANT: If the certificate Ilaolder Is an ADDITIONAL INSURED,the Pollcy(les)must have ADDITIONAII..,INSURED IprovIsions or be endorsed.
If SUBROGATION IS WAIVED, subject to the terims and cond'Itiiorns of the Policy, certain Polliiciels may require an erndorsement, A statement on
this Certificate does not confer rl hts to the certificate holder In Ileus ofsuch endorsement s,
PRODUCER CONTACT Aleyarndra delaTorre
tateIF°4IIJI i, Alejandra de la Torre PHONE 512.244-3311 FAX 5112-244-59.28
k�QaDm...............:.:....:.:............................................_I........._ .........
2200 N.AW Grimes Suite 500 n. AM a ernl aleXdelalorre.rnel or maria IuancoDk,sf4 Malefarm-com
-ADDRESS. � .m. ........... .. 8
Round Rock,TX 78665 INSURER 13 AFFORDING COVE RA.E UWAIC S
E�NSURIER
E, S4ate Farm Mukual Autamoble InsuranceCompany 25178
U UdS II�Un EO .... .......�..
Ear Telecommunication tion LLC INSURER c
14719 US HWY 290 E Ste 106 INSURER D:
......................................................................................................................................................................................
.................................................
Manor, TX'78653-4588 nr�NS,URER E
INSURER F
COVERAGES
CERTIFICATE NUMIBER: (REVISION NUMBER:THIS IS TO CERTIFY'THAT THE POLICIES OF INSURANCE LIS'1TED BELOW HAVE BEEN ISSUED TO TIME INSURED NAKED ABOVE FOR THE POLICY
PERI;DD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR INNER DOCUMENT WITH RESPECT TO WHICHTHIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE. INSURANCE AFFORDED BY THE POLICIES DESCRIBED HERON IS SUBJECT TO AIL THE 'TERMS.
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIJMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.,
.......................................................................................................................................... _..
(NSR IE OF INSURANCE ADDn•SkUUR POLICY UaUVaeER nPAMBDoy EFF MMMID EXp ILIrN4'rrS
IE.TR ...........................................................................................................................................11tNO.
COMMERCIAL GENERAL LMSHU'rr EACH.OCCURRENCEOCCURRENCE............
CoAMACI,"TO n'nICNrECa_.....................
...... CLAIMS-MADE OCCUR PNBEUYISES4tt1_�? m��k..........I
MED EXP(Amyrrrar r• aal
PERSCaNAn.au Au:nV uN,Nn.IR.y $
CrEN'L A4`GREGNFE LIMIT A'PPUES PER.. 9"aFNEFtAI..ACsGRE:4sAT E $
............ .... _, ........................................................................................................................................................
...............
POLlcy JECT .....,,,, 9..00 .PRODI.UY,TS-�C(NOPIOPA.GG
................................................................................... .�
OTHER: $
AU UOPAOSILE LIABILITY I:OMWNED SINQA.E LIMrrr $ 1,000 000
In.
ANY AUTO 383 11225,F25-53 06125120.21 08/25/2022 BODILY ONJURY qP�r �,1 $
.
A OWNED SCHEDULED ......................
......... AUTOS ONLY AU'TO'S 13ODIn.'YINSllR`Y(Per ssar:Baoalsolp $
',
HIRED NON NEO PR41PEG�ITy DA9�IAOE .$
AUTOS ONLY ,.._"'a: AUTOS ONLY Paxv ar k
B
UBURInIRE9..n..A get)-
LIIAB OCCUR EACH OC'CURR.E±lC:IL I
EXCESS n.IAIS CLA.IMS&MADE AGGREGATE:
DID RETEN'UOPN S
WORKERS COMPEINSA'TlOnN PER G:r' I-
AnND EMPILOYERS"L ILIT'd 1f&u�' ............._S;T&ICUIE.....................IE:I........................................................._,........................,�-
ANy PROPRIETORIPARTNEMEXECUTIIVEUN NIA
IE'.II.. EACH AC.C:;:IDEp'��I"I' $
OF='F OCERIMEMBER EXCLGUDED'8 ....
(Mandatory in NH) E I. DIISEASE-EA EMPLOYEE S
Of•ya+I.,E ¢un'ra urodmv ....... �'�
DESCFQIPTION OF OPERATIONS below r:.I.. OMEASE POUC"Y L9MlT S
...............
DESCRIPTION OF OPERA'U JOINS P LOCNU lOnNS b VEHICLES IACORD'I0'n,AdS1luomal Remarks Schaduuts may be attached if move apace is veRuo raA'p
............................................................................................
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE:DESCRIBED POLICIES BE CANCIELI..ED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL IBE DIELIVEIR+kD 1114
City of Round Rock, ACCORDANCE WITN THE POLICY PROVISIONS.
Transportation Department
AUTHOR OEIYN R ESEnNTATFVE
00 Sunrise Road
Round Rock,TX 78665
1988-2015 ACOIRD CORIPORATIJON. All rights reserved.
ACORD 25( 1 1 3) The ACORD name and logo are registered a of ACORID
100'1486 1;3,"2049.;12, SP;U-IIE-rYSILI
00700 GENERAL CONDITIONS
City unRock Contract Forms
General Conditions Section 00700
TABU", OF CONTENTS OF' GENERAL COND11TIONS
rNd',Je Pago
Number& Tale Number
1 EF[MTIONS .2
�2 PRELIMINARY MATTERS , 5
', CONTRACT U NTS. IINTENT, N04 ...
CONDITIONS, EFEREN POINTS- -. ...-. .. ....
6. BONDS AND INSURANCE.- 10
. CONTRACTOR'S ES,P0 SIS tW1T1W ... 16
7 OTHER WORK _2A
, i R' ,' 1F. P" N SIIBIILI''TIES ,., .
110. S MTHEWORK . .27
11 CIIAN�GEO,FC,O,NTRACTAMIOUNT 28
12 CHANGE OF CONTRACT TIMES , 1
13 TESTS ANO IflSPECT1 INS, ANO COR'R T[ON
OjR REMOVAL OF DEFECTIVE WORK 32
14. PAYMENT„ 'T", � ; N'TIRA 'T” PL T"N 1 _... ,. ,..3
15 SUSPENSION OF WORK D TE N N' I, TT1 i , —..39
1 IiSPIJ `IE RESOLUTION 41
17 R 1jC3,HT TO AUDIT... . ,.,,. _. _. 42
18 WSCELI N'`dE' U 43
7 e1 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 tern®s singular and plural forms, will have the meaning indicated int e
definitions below or as defined in these General Conditions or other Contract Documents:
1.1 Addenda ®Written or graphic instruments issued prier to the receipt of Proposals or the opening of Bids
that clarify. correct or change t e proposal or bidding requirements or the Contract Documents.
1.2 Aareement-Prescribed form, referenced as Section 00500.
1.3 Alternative i _ to Resolution-The process by which a disputed Claim may be settled if the OWNER and
the CONTRACTOR cannot reach an agreement be een 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.
e5 Bid Documents -Theadvertisement 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 Chance Directive-A written directive tat e CONTRACTOR, signed by the OWNER, ordering a change i
the Work and stating a proposed basis for adjustment, if any, in the Contract Amount or Contract Time, or both.
Chane Directive may be used in the absence of total agreement o the terms of a Change Order. A Charge
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 tot e Contract, issued on orafter 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 tot the terms of the Contract.
1.10 Contract - The Contract represents the entire and integrated agreement a ee 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 Chane Orders.
.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.
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 iio s
1.15 Drawincis - 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 byte OWNER. ra ins may include plans, elevations, sections, details, schedules and diagrams
Shop ra in s are not Drawings as so defined.
1.16 Enaineer/ArchitectLE/Al - The ER's design professional identified as such in the Agreement. The
titles of"Arch itect/E ng ineer,""Architect"an "Engineer' used int e Contract Documents shall be read the same as
En ineerl rc itect (EIA), Nothing contained in the Contract Documents shall create any contractual or agency
relationship between E/A and the CONTRACTOR.
1.17 Egual-The terms"equal"or"approved equal"shall have the same meaning.
1A8 Execution Date a Date of last signature of the parties to the Agreement.
1.19 FieldOrder- A written order issued byOwner's Representative which orders minor changes in the Work
and whichdoes 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 's opinion„ Final Completion of
the Work has been attained and a Certificate of Acceptance approved y the OWNER is issued.
21 Final COMDletion - The stage in the progress of the Work when, in the 's opinion, the entire Work
as been completed, the T T 's obligations under the Contract Documents have been fulfilled, and the
OWNER is processing or has made final payment tote CONTRACTOR, as evidenced by a Certificate of
Acceptance approved byte OWNER.
a Ins ector®The authorized representative of any regulatory agency that has jurisdiction over any portion of
the Work.
1.23 e_ al Holidays
1.23.1 The following are recognized by theOWNER:
Holiday Date Observed
New Year's Day January 1
Martin Luther ing, Jr.'s Birthday Third Monday in January
President's Day Third Mondayin February
Memorial Day Last Monday in May
Independence Clay July
Labor Day First Monday in September
Veteran's Day November 11
Thanksgiving ay Fourth Thursday in November
Friday after Thanksgiving ri ay after Thanksgiving
Christmas Eve December 24
Christmas Day December 25
00700 04-2020 Page 3 General Conditions
113.2 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 eventspecified in the Contract Documents relating to an intermediate completion
date or time prior to Substantial C® pletion 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 whicha also fix the date on which the Contract Times will commence
to run and on which the CONTRACTOR shall start to perform the T CT R'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,
® ? Owners Representative®T e designated representative of the OWNER.
1.28 Partial Occupancy or Use ® Use by the OWNER of a partially completed art of the Work for the purpose
for which it is intended (or a related purpose) pricer to Substantial Completion of all the Work.
.2 ro ect ®The total construction of which the Work to be provided under the Contract Documents may be
the whole, or a part, as indicated elsewhere int e Contract Documents.
1.30 Project Manual ® Tat portion of the Contract Documents which ay include the following: introductory
information; bidding requirements, Contract forms and General and Supplemental General Conditions® General
Requirements; S eci ications; Drawings; Project SafetyManual; and Addenda.
. r000sal d Proposal of Offeror, on prescribed forms setting forth prices for performing the Work described
in the Contract ocu ents.
1.32 Proposal Documents®The advertisement or invitation for Proposals, Instruction t® 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 Soo Drawinga®All drawings, diagrams, illustrations, schedules and other data or information which are
specifically prepared or assembled by or for the CONTRACTOR and submitted y the CONTRACTOR as require
y the Contract Documents.
1.3 Specifications ®Those portions of the Contract Documents consisting of written technical descriptions as
applied tote 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 Cc letion ® 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 ®s opinion,t e Work has progressed
tote 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 byte OWNER.
00700 ®2 a e 4 General Conditions
1.37 Subcontractor®An individual, firm, or corporation having direct contract with the CONTRACTOR for the
performance of a part of the Work.
1.38 Sub-subcontractor®A person or entity who has s direct or indirect contract with a Subcontractor or s Su
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 nems Representative, and who shall supervise and direct construction of the Work.
1 A0 Supplemental General Conditions®The part of the Contract Documents which either aends or
supplements the General Conditions. All General Conditions which are not so amended or so supplemented shall
e considered as remaining in full force and effect.
1® 1 Supplier-An individual cr entity having a direct contract with the CONTRACTOR or with any Subcontractor
or Sub-subcontractor to furnish aterials or equipment to be incorporated in the Work by the CONTRACTOR or
any Subcontractor.
1.42 Time Extension Reg est®An approved request for time extension on a form acceptable to the OWNER.
1.43 WorkThe entire completed construction, or the various separately identifiable parts thereof, required to
e furnished under the Contract Documents.
1 a44 WorkingDay ® Any day of the week, not including Saturdays, Sundays, or Legal Holidays, in which
conditions not un er the T CT 's control will permit work for at least seven (7)hours of the Working Times.
Upon authorization y theOwner's Representative, work can Saturdays, Sun ays and/or Legal Holidays may be
allowed and, in that events a Workingay will be counted for each such day.
1.45 WorkinoTimes ® Times of ay( ) during which work may be performed. Unless authorized by Owners
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. an6:00
on Saturdays, Sundays or Legal Holidays. When the CONTRACTOR has been authorized to performor
during ours 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
e deemed to have been duly served if delivered in person toOwner's Representative or tote T CT 's
my authorized representative, or if such Written Notice is delivered to or sent by registered or certified ail to the
attention of Owner's Representative or to the CO T CT 's duly authorized representative at the last business
address known to the party giving notice.
ARTICLE2 ®PRELIMINARY MATTERS
2.1 Delivery Agreement, s, Insurance, and Other Documentation:
Within ten (1 0)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
e Contract.
2.2 Copies of Documents.
The OWNER shall furnish to the CONTRACTOR o (2) copies of the Contract Documents unless otherwise
specified.
00700 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 as after the Execution Date oft e Agreement, unless
extended by written agreement of the parties.
2.4 Before Starting Construction'.
2.4.1 No or shall be one at the site prior tothe 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 verity 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 is
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 reconstruction 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 its of Work. The preliminary schedule of values
submitted by the CONTRACTOR should include a reasonable estimation of value of each its included
adshall not contain disproportionate values assigned to any its 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 ofthe
Work.
2® 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 paragraph2.4.2 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 ilestones and Contract Times. Acceptance of the
schedule by Owner's Representative will neither impose onOwner's Representative responsibility for the
sequencing, scheduling or progress of the Work rear interfere with or relieve the CONTRACTOR from the
CONTRACTOR's full responsibility therefor. The CONTRACTOR's schedule of Shap Drawings and sample
submissions must provide an arrangement agreeable to the parties for reviewing and processingthe required
submittals.
2.7 Electronic Transmittals:
2.7.1 Except as otherwise stated elsewhere int e Contract Documents, the OWNER, EIA, 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, ort rough access to a secure Project website.
2.7.2 When transmitting items in electronic media or digital format, the transmitting arty 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
3.1 Intent'.
3.1.1 The intent oft e Contract Documents is to include all information necessary for the proper execution an
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 iters receiving priority of interpretation):
Change Orders
Modifications to the Contract Documents made after the Execution Date
Signed reement
Addenda to the Contract Documents
Special Conditions
Supplemental General Conditions
General Conditions
Other Bidding Requirements and Contract Forms
Special Provisions tote Standard Technical Specifications
Special Specifications
Standard Technical Specifications
Drawings(figured i ensions shall govern over scaled dimensions)
Project Safety manual, if applicable
3.1.2 Unlessotherwise stated in the Contract Documents,words which have ell-known technical or construction
industry eanin s are used in the Contract Documents in accordance with such recognized eanin s.
3.2 Reporting and Resolvingiscr a cies®
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
CONTRACTORdiscovers any conflict, error, ambiguity car 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
7 04-2020 e 7 General Conditions
or of any such standard, specification, manual or code or instructions of any Supplier, the CONTRACTOR shall
immediately report it to Owners Representative in writing, and the CONTRACTOR shall not proceed with the Work
affected thereby until an amendment or supplement tote 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® Inaddition, the requirements of the Contract Documents may be supplemented, and for variations and
deviations in the Work may be authorized, in one or more oft 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 or 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 thereore re 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 onextensions of the Project or any other project without written consent of the OWNER and
E/A.
ARTICLE 4-AVAILABILITY OF LANDS;SUBSUR ACE AND PHYSICAL CONDITIONS;RE ERENCEPOINTS
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 is are
designated forte use of the CONTRACTOR. The OWNER shall identify any encumbrances or restrictions not of
general application buts eciicall related to use of lands so furnished with is 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:
42®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 or by the CONTRACTOR, CONTRACTOR covenants that there are no conditions at the
site of the proposed work is would adversely impact the performance of Work by the CONTRACTOR.
4.2.2 If conditions are encountered at the site is 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 tothe 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 or 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,
Notwithstanding any other provision of this Contract,the CONTRACTOR shall be solely responsible fort e
location and protection of any and all public lines and utility customer service lines in the Work area. For the
purposes oft is 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 tothe
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 inthe construction zone and any of the CONTRACTOR's or
or storage areas The CONTRACTOR's obligation hereunder shall be primary and non dels gable. The
CONTRACTOR shall indemnify or reimburse the OWNER for such expenses or costs (including finest at 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 reservest a right to repair such damage the CONTRACTOR
may cause, at the CONTRACTOR's expense.
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 not Owner's
Representative and the Texas Department of Antiquities Protection oftheir 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 or attendant to preservation. If the or stoppage
or salvage work causes an increase inthe 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 its®
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.
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:
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
CONTRACT OR'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 foes ibeverage vendors, office supply deliveries, and
delivery of portable toilets.
.2 The CONTRACTOR shall provide coverage, based on proper reporting of classification codes and payroll
amounts and filing of any coverage agreements, is eets the statutory requirements of Texas Labor Code,
Section 401. 11(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.
.4 If the coverage period shown on the T T as current certificate of coverage ends during the
duration of the Project, the CONTRACTOR must, prior tote 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 tot e
.1 a certificate of coverage, prior to that person beginning Workon the Project, so the OWNER will have
on file certificates of coverage showing coverage for all persons providing services on theProject; an
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
The CONTRACTOR shall retain all required certificates of coverage for the duration of the Projectand for
one (1)year thereafter.
5.2.7 The CONTRACTOR shall notify the OWNER in writing by cerfified mail or personal delivery withinten ( )
days after the CONTRACTOR knewor should have known of any change at materially affects the provision of
coverage of any person providing services on the Project.
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 o a person may verify coverage and report lack of
coverage.
The CONTRACTOR shall contractually require each person with whomit 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, hick meets the statutory requirements of Texas Labor Code, Section
01.011( 4)for all of its employees providing services on the Project, for the duration of the Project;
provide to the CONTRACTOR, prior to that person beginning Work on the Project, a certificate o
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 theProject;
00700 04-2020 Page 11 General Conditions
obtain from each other person with whomit contracts, and provide to the CONTRACTOR:
a a certificate of coverage, prior tot e other person beginning Work on the Project and
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 theProject;
retain all required certificates of coverage on file forte duration of the Project and for one (1) year
thereafter;
notify the OWNER in writing by certified ail or personal delivery within ten ( 0) days after the person
new or should have known of any change that materially affects the provision of coverage of any
person providing services on the reject; an
®7 contractually require each person with whom it contracts,to perforin as required ararahs 5.2.9.1
® 5.2.9.7, with the certificates of coverage to be provided tote 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 o 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
ill be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will
e filed withthe appropriate insurance carrier or, in the case of a self-insured, wi the commission's Division o
Self-insurance Regulation. Providing false or misleading information may subject the CONTRACTOR to
administrative penalties, criminal penalties, civil penalties, or other civil actions.
all The T T 's failure to comply with any of these provisions is s breach of Contract by the
CONTRACTOR hich entities the OWNER to declare the Contract void if the CONTRACTOR does not remedy the
reach within to 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 tote Supplemental General
Conditions.
,1®1 General Requirements:
A CONTRACTORshall carry insurance in the types and amounts indicated below forte duration o
the Contract, which shall include items owned y OWNER in the care, custody and control o
CONTRACTOR prior to and during construction and warranty period.
CONTRACTOR ust 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. T Tmust also complete and forward the required Certificates of
Insurance to OWNER whenever a previously identified policy period has expired as verification o
continuing coverage,
e3 T ACT '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. est
ratings of +Vll or better, except for hazardous material insurance which shall be written by
companies with A.M. est ratings of A®or better,
7 Page 12 General Conditions
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.
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 of
OWNER and CONTRACTOR, shall be considered primary coverage as applicable.
If insurance policies are not written foramounts specified below, CONTRACTOR shall carry
Umbrella or Excess Liability Insurance for any differences in amounts specified. If Excess Liability
Insurance is provided, its all 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 y law or regulations binding upon either of the parties hereto ort e
underwriter on any such olicies.
OWNERreserves the right to review the insurance requirements set forth ring 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 la
court decisions, the claims history of the industry or financial condition of the insurance company
as well as CONTRACTOR,
CONTRACTOR shall not cause any insurance to be canceled nor permit any insurance to lapse
during the term of the Contract or as required int e 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 (3 ) days written notice of erosion of the aggregate
limits below occurrence limits for all applicable covers es indicted within the Contract.
A2 If OWNER-owned ro e y is being transported or stared off-site by CONTRACTOR, then te
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.
3.1.2 Busi ess Automobile Liability s ra ce.
Provide coverage for all owned, non-owned and hired vehicles. The policy shall contain the following
endorsements in favor of
a) Waiver of Subrogation endorsement TE 2046A;
30 day Notice of Cancellation endorsement TE 0202A; an
c) Additional Insured endorsement TE 9901 B.
Provide coverage in the following types and amounts:
00700 04-2020 Page 13 General Conditions
.1 A minimumcombined single limit of$500,000 per occurrence for bodily injury and property damage.
Alternate acceptable limits are $250,000 oily injury per person, $500,000 oily injury per
occurrence and at least$100,000 propertydamage 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 er®s Representative for every person
providing services on the Project as acceptable roof 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
a} Waiver of Subrogation, form WC 420304; and
} 30 day Notice of Cancellation, form WC 420601,
The minimum policy limits forEmployers' Liability Insurance coverage shall be as follows
.1 $100,000 bodily injury per accident® $500,000 bodily injury y disease policy limit and $`100,000
bodily injury by disease each employee.
5.3.1.4 Commercial General Liability s rance.
The Policy shall contain the following provisions:
a} Blanket contractual liability coverage for liability assumed under the Contract and all contracts
relative tot is Project.
} Completed Operations/Products Liability for the duration of the warranty period.
c} Explosion, Collapse and Underground ( , C& U) coverage.
} Independent Contractors coverage.
e} Aggregate limits of insurance per project, endorsement 2503.
OWNERlisted as an additional insured, endorsement 0.
} 30 day notice of cancellation in favor of OWNER, endorsement CG 0205.
} Waiver of Transfer of Recovery Against Others in favor of OWNER, endorsement CG 2404
Provide coverages A&B with minimum limits as follows:
a1 A combined bodily injury and property damage limit of$500,000 per occurrence.
5.3.1.5 it ers® Risk Insurance,
CONTRACTOR shall maintain Builders' Risk Insurance or Installation Insurance on an all risk physical
loss farm in the Contract Amount. Coverage shall continue until the Work is accepted y 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 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 y CONTRACTOR is declared bankrupt or becomes insolvent
or its right to do business is terminated int e State of Texas or it ceases to meet the requirements
oft e preceding paragraph, CONTRACTOR shall within to (1 0)days thereafter substitute another
oda d 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 T CTS '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.
If CONTRACTOR has failed to obtain or maintain a required bond, OWNER may exclude the
CONTRACTORfrom the site oft e Project and exercise 's suspension and/or termination
rights under the Contract Documents.
Performance .
.1 If the Contract Amount exceeds $100,000, shall furnish OWNER witha
Performance on in the form set out by OWNER.
.2 If the Contract Amount exceeds $25,000but 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 CalendarDays/40 Working Days or less, in which case CONTRACTOR can
agree tot e following ter s 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 R9
CONTRACTOR shall be entitled to receive 95®6 oft e Contract Amount following Final Completion,
and the remaining % oft e 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 PerformanceBond; provided that no money will be paid to CONTRACTOR until
completion and acceptance of the Work by OWNER under the following terms and conditions:
CONTRACTORshall be entitled to receive 5%of the Contract Amount following Final Completion,
and the remaining 5% of the Contract Amount ollo ing the one year warranty period.
If a Performance Bond is required to be furnished, its all extend for the one year warranty period.
5.4.3 Payment
.1 If the Contract Amount exceeds $50,000, CONTRACTOR shall furnish OWNER with a Payment
Bond in the form set out by OWNER.
If the Contract Amount is less than or equal to $50,000, CONTRACTOR will not be required to
furnish a Payment ond; 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 IS General Conditions
TOR'S RESPONSIBILITI
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 cr complies accurately with
e 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 ofOwner's Representative, the CONTRACTOR shall present the resume
of the proposed Superintendent toOwner'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
ill not be allowed to be the designated Superintendent forte Work. The Superintendents all not be replace
without Written Notice toOwner'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 tner's
Representative. The CONTRACTOR shall replace the Superintendent upon the 's request int e event the
Superintendent is unable to perform to the 's satisfaction, The Superintendent will be the C T CT 's
representative on the Work and shall have the authority c act on behalf of the CONTRACTOR. All communications
given to the Superintendent shall be as binding as if given to the CONTRACTOR. Eit er the CONTRACTOR or the
Superintendents all provide anemergency and home telephone number at which one ort e other may be reached
if necessary when work is not in progress.
6.2 r® Materials and Equipment:
®1 The CONTRACTOR agrees to employ only orderly and competent workers, skillful in performance oft e
type of Work required under this Contract. The CONTRACTOR, Subcontractors, Sub-subcontractors, and their
employees ay net use or possess any firearms, alcoholic or other intoxicating beverages, illegal drugs or
controlled substances while on the job or on the 's property, nor may such or ers be intoxicated, or under
the influence of alcohol or drugs,on the job. If the OWNER orOwner's Representative notifies the CONTRACTOR
that any worker is incompetent, disorderly or disobedient, has knowingly or repeatedly violated safety regulations,
as possessed any firearms, or has possessed or was under the influence of alcohol or drugs on the job, the
CONTRACTOR shall immediately re ove such worker from e car ig Contract Work, and may not employ such
worker again on Contract Work without the ER's prier written consent. The CONTRACTOR shall at all times
maintain good discipline and order on or off the site in all matters pertaining tote Project. The CONTRACTOR
shall pay workers no less than the wage rates established in Section 00900, and maintain weekly payroll reports as
evidence thereof.
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 Allmaterials and equipment shall be of good quality and new (including new products made of recycle
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 tote 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 oft e applicable Su lier,except as otherwise provided in the Contract
Documents.
00700 04-2020 Page 16 Generalo iitio s
61.4 Substitutes and"Approved ual6B 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 ort e 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 or s reading at
no like, equivalent or"approved equal" item or no substitution is permitted, other items of materialor equipment o
other Suppliers may be submitted toOwner's Representative under the following circumstances:
a "Approved Equal": If, in the 's sole discretion, an item of material or an item of equipment
proposed byte CONTRACTOR is functionally equal tot at named and sufficiently similar sot at no
change in related Work will be required, it may be considered byte OWNER as an"approved equal"
item, in is case review of the proposed item may, in the '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 withthe documentation required for the OWNER to
sake its determination.
Substitute Items: If, in the '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 tot at named and a substitute therefor.
Substitute Construction Methods and Procedures: If a specific means, method, technique, sequence or
procedure of construction is shown car indicated in and expressly required y the Contract Documents, the
CONTRACTOR ay 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 toOwner's
Representative to allow the OWNER, int °s sole discretion, to determine that the substitute proposed i
equivalent tot at expressly called for by the Contract Documents.
6.2.4.3 O E °s valuation: The OWNER will be allowed a reasonable time within which to evaluate each
proposal or submittal made pursuant to paragraph .2.4.1.1 and paragraph .2. .1. . The OWNER will be the sole
judge of acceptability. No"approved equal"or substitute shall be ordered, installed, or utilized until the E 's
review is complete, which will be evidenced by either a Change Order or completion oft e Shop Drawingreview
procedure. The OWNER mayrequire the CONTRACTOR to furnish at the °s expense a special
performance arantee or other surety bond withrespect 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.
C T ACT 's Expense: All data to be provided by the CONTRACTOR in support of any proposed
approve equal"or substitute item will be at the T CT '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 wishto prosecute suits
against Suppliers for illegal price fixing.
6.3 Progress Schedule:
Unless otherwise directed, the CONTRACTOR shall adhere tote 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 toOwner's Representative for acceptance proposed adjustments i
the progress schedule that will not change the Contract Times or Milestones. Such adjustments ill
conform generally to the progress schedule then in effect.
00700 04-2020 Page 17 General Conditions
Proposed adjustments in the progress schedule that will change the Contract Times or Milestones shall
e submitted in accordance with the requirements of Article 12. Such adjustments may only be made
y a Change Order or Time Extension Request in accordance with Article 12.
6.4 Concerning c tract sg Suppliers and Others:
Assignment: The CONTRACTOR agrees to retain direct control of and give direct attention to the fulfillment
oft is Contract. The CONTRACTOR agrees not to, by Power of Attorney or otherwise, assign said Contract without
e prior written consent of the OWNER.
Award of Subcontracts for Portions of the Work: The CONTRACTOR shell not employ any Subcontractor,
Supplier or other person or organization, whether initially or as a substitute, against whom the OWNER may have
reasonable ojection. The CONTRACTOR must provide the OWNER withlist of all Subcontractors, Suppliers,
or other persons or organizations it will use in the Work, and such list must be provided prior tote preconstruction
conference. Should the OWNER have objections,the OWNER will communicate such objections by Written Notice.
If the OWNER requires a chane 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 occasions
y 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 y 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 sall constitute a waiver of any right oft e OWNER to reject defective Work.
The CONTRACTOR shall enter into written agreements with all Subcontractors an Suppliers which
specifically i the Subcontractors or Suppliers to the applicable terms and conditions oft e Contract ocu en s
forte benefit of the OWNER an E/A. The OWNER reserves the right o specify that certain requirements shall
e 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 e een the CONTRACTOR and
Subcontractor or Supplier.
The CONTRACTOR shall e 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 fort e
CONTRACTOR's own acts and omissions. Nothing in the Contract Documents shall create forte benefit of any
such Subcontractor, Supplier or other person or organization any contractual relationship e ee 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 co tractor, Supplier or other
person or organization except as may otherwise be required by laws and regulations.
The CONTRACTOR shall be solely responsible for scheduling and coordinating e 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 withOwner's
Representative through the CONTRACTOR.
The divisions and sections oft e Specifications and the identifications o any Drawings shall not control the
CONTRACTOR in dividing or delineating the Work to be performed by any specific tra e.
6.4.7 The CONTRACTOR shall pay each Subcontractor and Supplier their appropriate share of payments made
to the CONTRACTOR not later than ten(1Days after the C CT '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 o the Work or the formulation or presentation of its Bid.
0700 04-2020 Page 18 General Conditions
® The CONTRACTOR shall pay all royalties and license fees and shall provide, prior to commencement of
or 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 nota particular design, device® material, or process is specified by
the OWNER.
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 or 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 is 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.
5® 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 or methodology includes the use
of any infringing design, device® material or process.
6.6 Permits, es®
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:
of 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:
7®1 The CONTRACTOR shall give all notices and comply with all laws and regulations applicable to furnishing
and performing the or . 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,,the the CONTRACTOR
shall bear and shall indemnify, defend and hold OWNER harmless from all claims,, costs,, losses and damages
arising therefrom; however, itshall not be the TO '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 CONTRACTS R'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 pold by the
CONTRACTOR in accordance with the laws and regulations of the State of Texas.
00700 04-2020 Page 19 General Conditions
®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, t e 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
ether land and areas permitted y 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 alai
e 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 y dispute resolution proceeding
or at law. The CONTRACTOR shall indemnify, defend and hold harmless the OWNER, E/A, EIAs 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, 1 or any other party indemnified
hereunder to the extent caused by or based upon performance of the Work or failure to perform the Work,
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 rather debris resulting from the Work. At the completion oft e
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, ata 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 Recordoccs a s.
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 .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 an /A for reference during performance of the Work. Upon Substantial
Completion of the Work, these record documents, samples and Shop ra ings 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 tae all necessary precautions for the safety of an
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 theWork;
.2 all the Work and materials and equipment to be incorporated t erein, whether in storage on or off the
site; and
7 General Conditions
other property at the site or adjacent thereto, including ut not limited o, 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 haven
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 oftheir property, ll 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 oranyone for whose acts any of them ay
e responsible, shall be remedied by the CONTRACTOR (except damage or loss attributable to the fault of
Drawings or Specifications or to the acts oromissions of the OWNER, or E/A, or BA's consultant or anyone
employed by any of them or anyone for whose acts any of them maye responsible, and not attributable, directly
or indirectly, in whole or in part,to the faults or negligence oft e CONTRACTOR or any Subcontractor, Supplier or
Cher person or organization directly or indirectly employed by any of them). he T CTC '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 on request of the OWNER, the CONTRACTOR shall
provide certifications or other documentation of the safety representative's qualifications. At a minimum,the safety
representatives all have received the OSHA thirty ( ) hour training and a certificate evidencing that the safety
representative has received such training ithi the last five (5) years shall be provided to the E 's
representative
6.11.4 Hazard Communication Programs:s: 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 e ee or among employers at the site in accordance with laws and regulations.
6.11.5 Emergencies:
6.11 a5.11 n emergencies a ec i 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 tote Work. The
CONTRACTOR shall give nems 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. IfOwner's
Representative determines that a change in the Contract Documents is required because of the action taken by the
CONTRACTOR in response to such anemergency,a Change Directive or Change rder will be issued to document
the consequences of such action; otherwise the OWNER will not be responsible for the C T CT 's
emergency action.
6.11.5.2 ut orize agents oft e 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 area e, restriction or limitation or to take such action or measures pertaining to
e 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 anemergency ituation, 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 dire to the CONTRACTOR n er 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 withintwenty-four ( 4) hours of the event ands all be
responsible for recording the location of the event and the circumstances surrounding the event through
7 04-2020 e 21 General Conditions
photographs, interviewing witnesses, obtaining ical reports and other documentation that describes the event
Copies of such documentation shall be provided toOwner's Representative, fort e as an E/A's records,
within forty-eight( ours of the event.
6.12 ContinuingtheWork:
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 pendingresolution of any disputes or
disagreements, except as the OWNER and the CONTRACTOR may agree in writing.
6.13 °s General Warranty and Guarantee'.
3.1 The CONTRACTOR warrants and guarantees tote 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 T ACT es
warranty and guarantee hereunder excludes defects or damage caused y:
.1 abuse, modification or improper maintenance oroperation by persons other than the CONTRACTOR,
Subcontractors or Suppliers; or
.2 normal wear and tear under normal usage.
6.13.2 The as obligation to perform andcomplete the Work in a goodand workmanlike manner in
accordance with the Contract Documents shall be absolute. None of the followingill constitute acceptance of
Work not in accordance with the Contract Documents or a release of the T `s obligation to perform
the Work in accordance with the Contract Documents:
.1 observations yOwner's Representative and/or E/A;
recommendation of any progress or final payment by Owner'sRepresentative;
a3 the issuance of a certificate of SubstantialCompletion or any payment byte OWNER tot e
CONTRACTORunder the ContractDocuments;
use or occupancy of the Work or any part thereof by the OWNER;
any acceptance by the OWNER or any failure to do so,
any review of a Shop Drawingor sample submittal,
.7 any inspection, test or approval by others; or
any correction of defective Work by the OWNER.
the failure of the OWNER, E/Aor any other person or entity acting on behalf of the OWNER or E/A to
observe, etect 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 the OWNER that any failure by the
E/A, or any other person or entity acting on behalf of the OWNER or /A too serve, detect or
discover any defect in the Work relieves or releases, in whole or in part, CONTRACTOR from any
obligations or responsibility forte correction of such defects or any other obligation of CONTRACTOR
under the Contract Documents.
6.14 Indemnification:
00700 04-2020 PageGeneral Conditions
61 4.1 TO THE FULLEST EXTENT PERMITTEDBYLAW, IN I I TO ANY OTHEROBLIGATIONS
CONTRACTOROF r INDEMNIFY,
HARMLESSAND HOLD , ITS COUNCIL MEMBERS , EMPLOYEES, AGENTS, AND CONSULTANTS
T NOT LIMITED1 ( "INDEMNIFIED Tr INDEMNIFIED PARTY",
CLAIMS,FROM AND AGAINST ALL (INCLUDING BUT NOT LIMITED
ENGINEERS,ALL FEES AND CHARGES OF
DISPUTEOTHER PROFESSIONALS AND ALL COURT OR ARBITRATION OR OTHER TI
ARISING T OF OR RELATINGTHE WORK, REGARDLESS
SUCH CLAIMS, COSTS, LOSSES, AND DAMAGES ARE , IN WHOLE OR IN THE ACTS,
ACTIONS, I INDEMNIFIED .
BECAUSE OWNER IS A MUNICIPALITY,THE TERMS AND PROVISIONS
151 OF THE TEXAS INSURANCE ("CHAPTER 151") DOES NOT APPLY TO THE OWNER. IF,
HOWEVER, ANY PROVISION 1 APPLIES TO THE OWNER, IT IS THE INTENT OF THE
OWNER THAT IF THE PROVISIONSI IMPOSE ANY
REQUIREMENTSI I 1 AND THAT ANY OF THE
PROVISIONS I IN FULL FORCE
AND T. ACCORDINGLY, IN THE EVENT THAT IN CONSTRUING
CONTRACT DOCUMENTS, A COURT OF COMPETENT JURISDICTION , IF APPLICABLE, AN
ARBITRATOR, I 151 APPLIES , THEN THE COURT OR
ARBITRATORI t TO COMPLY WITH
REFORMATIONSUCH THE VALIDITYPROVISIONS T ARE NOT
PROHIBITED 1.
6.14.2 The indemnification li atio under paragraph 6.14.1 shall not be limited in any way by any limitation on
theamount 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.
6.1 4.3 The obligations of the CONTRACTOR under paragraph 6.14.1 shall not extend to the liability of the
/ 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 ein professional seal of the 's, IA's or IA's consultant's officers, directors„ partners,
employees oragents.
6.14.4 In the event the CONTRACTOR fails to follow the 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 indemnity 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 rom Natural Causes:
Unless otherwise specified, all loss or damage to the CONTRACTOR arisin 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
ore by the CONTRACTOR at its own cost and expense.
6.17 Notice ofClaim:
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 's employees eragents or others for whose acts the OWNER is liable,a Claim
ill be made to the other party within thirty (30) calendar days of the event giving rise to such injury or damage
The provisions oft is paragraph 6.17 shall not be construed as a substitute for ora waiver of the provisions of any
applicable statute of limitations, statute of repose, or any other provision oft e Contract Documents.
Liquidated Damaes:
At set forth int the Agreement,paragraph 1. ,the CONTRACTOR or its Surety shall be liable for Liquidated Da ages
for the T T 's failure to timely complete the Work or any pointhereof within the Contract Time. See
Supplemental Conditions for amount of Liquidated Da a es.
ARTICLE
7.1 The OWNER may perform other work related to the Project at the site by the 's own farces, 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 's employees) proper
and safe access tot the site and a reasonable opportunity fort e 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 pro erl 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 ofOwner's Representative and the other contractors
hose work will be affected. The CONTRACTOR shall promptly remedy a age caused y 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 T CTS '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 forte proper execution and results of the T 's Work. The T T 's failure to
report ill constitute an acceptance of such other work as fit and proper for integration with the T T 's
Work except for latent or non-apparent defects and deficiencies in such other work.
7 The OWNER shall provide for coordination of the activities of the 's own forces and of each
separate contractor with the Work of the CONTRACTOR, hos all cooperate with them. T e 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 CONTRACTORdamages,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 T T 's failure to take
reasonable acustomary meas res to avoid such impacts, or if any claim arising out of T 's actions,
00700 04-2020 ae 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 EBA, 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 tothe 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
CONTRACT OR'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 toperform 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 oromissions 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 ora waiver of the provisions of any applicable statute of limitations or statute of repose.
8.7 The OWNER is not responsible for the CONTRACTS R's failure to perform or furnish the Work in
accordance with the Contract Documents. The failure or omission of the OWNER, E/A or any other person or entity
acting on behalf of the OWNER or the E/A to observe,detect, discover, or object to or condemn any defective Work
or material shall not release the CONTRACTOR from CONTRACTOR's obligation to properly and fully perform the
Work pursuant to the Contract Documents. The OWNER shall not be responsible for the acts, errors or omissions
of the CONTRACTOR, or any Subcontractor, Supplier or any other person or entity performing or furnishing any of
the Work on behalf of the CONTRACTOR.
ARTICLE 9 -ENGINEER/ARCHITECT'S STATUS DURING CONSTRUCTION
9.1 EIA's Authority and Responsibilities-
9.1.1 The duties and responsibilities and the limitations of authority of EIA 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 Page25 General Conditions
of any authority, duties or responsibilities to ECA 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 net forte benefit of the CONTRACTOR, Subcontractor, Sub-
subcontractor,
ub®su contrac#or, Supplier,or any other person or organization, or for any surety or employee oragent of any oft ern.
9.1.2CPQ will not supervise, direct, control or have authority over or be responsible forte T 's
ens® 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 T CTS 's failure to
perform or furnish the Work in accordance with the Contract Documents. Failure oromission 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.
®3 E/A is not responsible forte acts oromissions 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, CPQ will review the final Application for Payment and accompanying
documentation and all maintenance and operating instructions, schedules, guarantees, bons 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 EC 's
Consultants, Resident Project Representative and assistants.
9.2 ! °s
Representative-
.1 E/A may be designated as Owners 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 toobserve as an experienced and qualified design professional the progress that has been
made and the quality of the various aspects of the T T 's executed Work. Based on information obtained
during such visits and observations, 1 ill endeavor forte 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 e quality or quantity of the Work. E/A's efforts will be directed toward rovidin for
the OWNER a greater degree of confidence that the completed Work will conform tot e 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 ECA agree, ECS will furnish a Resident Project Representative to assist E/A in providing more
continuous observation of the Work. The responsibilities and authority a i itations of any such esi a t Project
Representative and assistants will be as provided in paragraph 9.1 an in the Supplemental General Conditions
The OWNER may designate another representative oragent to represent the OWNER at the site who is not E/A,
EC '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 (i
the form of drawings or otherwise) are necessary. Such ritten clarifications or interpretations will be consistent
with the intent of and reasonably inferable from the Contract Documents,will be issued with reasonable promptness
y Owner's Representative and will be binding on the OWNER and the CONTRACTOR. If the OWNER ort e
7 Page 26 General Conditions
CONTRACTOR eliees that a written clarification or interpretation justifies an adjustment in the Contract Amount
ort e Contract Times, the OWNER or the CONTRACTOR may make a Claim therefor as provided in Article 11 or
Article 12.
9.6 Rejecting cit Work.
E/A may recommend that the OWNER disapprove or reject Work whichE/A believes to be defective, or believes
ill not produce a completed Projectthat conforms tote Contract Documents or will prejudice the integrity oft e
design concept of the completed reject as a functioning whole as indicated by the Contract Documents.
ARTICLE 10 -CHANGES IN THE WORK
10.1 es:
10.1.1it out 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.
10.1.2Changes in the Work shall be performed under applicable provisions of the Contract Documents, and the
CONTRACTOR shall proceed promptly, unless otherwise provided int e 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 y 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 a
emergency as providedin paragraph 6.11.5 or in the case of uncovering Work as provided in paragraph 13.4.
10.1.4cep in the case of an emergency as provided in paragraph 6 11.5, a Chane Order or Change Directive
is required before the CONTRACTOR commences any activities associated witha change in the Work which, in
the CTS 's opinion, ill result in a change in the Contract Amount and/or Contract Times.
10.1.5 f notice of any change a ectin 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 T T `s responsibility, and the amount of each
applicable on ill be adjusted accordingly.
10.2 ChangeOrders:
10.2.1 The OWNER and the CONTRACTOR shall execute appropriate written Change Orders covering:
.1 a change in the Work;
.2 theamount oaf the adjustment in the Contract Amount, if any; and
the extent oft e adjustment i 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 i the Work encompassed y the Change Order.
10.3 Change Directives:
10.3.1The 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 ii s
and Contract Time being adjusted as necessary. A Change Directive shell 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 rovie for in paragraph 11.5.
10.3.3 A Chane Directive shall be recorded later by preparation and execution of an appropriate Chane Order
10.3.4Upon receipt of a Change Directive, CONTRACTOR shall promptly proceed with the chane in the Work
involved.
10.4 i Order:
10.4.1 Owners 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 ort e Contract Times and are compatible
with the design concept oft the completed roject as a functioning ole 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
o 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 aka written request toOwner'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 els
Except as otherwise provided in the Contract Documents, the CONTRACTOR shall receive no compensation r
delays or hindrances tote Work, If delay is caused by specific orders iven 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 y OWNER for reasons for which the CONTRACTOR is not responsible, then such delay will entitle the
CONTRACTOR only to anequivalent extension of time,the C T C"1 's application for which shall, however,
e subject to approval of the OWNER. No such extension of time shall release the CONTRACTOR or surety on its
performance and from all the C T CT 's obligations hereunder which shall remain in full force until
discharge of the Contract.
ARTICLE11 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 thantwenty-five percent(25%)and it may not
e decreased more than twenty-five percent(25%)without the consent of the CONTRACTOR to such ecre se.
11,3 The Contract Amount shall only be changed y a Chane Order. Any claim for an adjustment in the
Contract Amount shall be made by Written Notice delivered by the pay making the Claim tot the other party promptly
(but in no event later than thirty( )calendardays)after the start oft e occurrence or event giving rise to the Claim
and stating the general nature of the Claim. Notice of the amount o e Claim i supporting data shall be
slivered within thirty ( 0)calendar days after Written Notice of Claim is delivered by claimant, ands all 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 foradjustment i the Contract
Amount shall be determined as set out in Article 1 .
11.4 Determinationale of Work:
070 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 y one or more of the following methods.
.1 by application of unit prices contained in the Contract Documents tat e quantities aft e items involved,
a mutually agreed lump sum properly itemized and supported by sufficient substantiating data to
permit evaluation.
y cast of Work plus the T ACT 's fee for all overhead casts and profit(determined as provided
in paragraph 11.5).
11.4.2 e ore 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.
11.6 Cost of Work:
If neither of the methods defined in paragraph 11 AA 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 tot e 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 totwenty-five percent (25%) of the suras thereof as
compensation for the as 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 (558®) of the wages paid personnel,
excluding e twenty-five(25%)compensation provided above,will be paid tote CONTRACTOR. The
actual cast of the '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.
The CONTRACTOR will receive the actual cost, including freight charges, of the materials used on
such Work, to which costs will be added a sure equal totwenty-five percent ( 5%) thereof as
compensation fart e as and any affected Subcontractors 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 a reed 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 GeneralContractors of America "Contractor's Equipment Cost Guide" as
published 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 fort e `[ T 's overhead and profit.
,4 The compensation, as herein provided for, shall be received byte 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 theOwner's Representative shall
compare records of workdone by Change Directive at the end of each day. Copies of these records
ill be made upon forms provided for this purpose by the OWNER and signed by both Owner's.
Representative and the CONTRACTOR, with one (1) coy being retained by the OWNER and one(1)
byte CONTRACTOR. Reusa y the CONTRACTOR to sign these records within two (2) working
days of presentation does not invalidate the accuracy oft e record.
7 I Conditions
11.6 Unitrice Work:
1® .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 rice for each separately identified iters 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 fort e 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 byOwner's Representative.
Owner's Representative will review with the CONTRACTOR the preliminary et r inati ns on such matters before
rendering a written decision thereon y recommendation of an Application for Payment or otherwise).
11.6.2 When "plan quantity" is indicated fora bid item, the CONTRACTOR shall be paid theamount specified in
the Contract Documents without any measurements.
11.6.3 Eachunit price will be deemed to include an amount considered by the CONTRACTOR to be adequate to
cover the C T CT 's overhead and profit for each separately identified item.
11.6.4 ajor 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 is
.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
The CONTRACTOR presents proper documentation contesting the accuracy of "plan quantity," and
Owners 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 oft e OWNER
shall have the right to examine the C T CT 's records to verify e accuracy and appropriateness of the
pricing data used to price chane proposals, Even after a Chane Order Proposal has been approved, the
CONTRACTOR agrees that if the OWNER later determines the cost and pricing data submitted as inaccurate,
incomplete, not current or not in compliance with the teras of this Agreement regarding pricing of change orders,
then an appropriate contract price reduction will be made.
11.6.7ricin Information Requirements: The CONTRACTOR a rees to provide and require all subcontractors
to provide a breakdown of allowable labor and labor burden cost information as outlined herein. This information
ill 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 C CT '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 chane order
work. The accuracy of any such agreed-upon la or 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.
ARTICLE1 s CHANGE OF CONTRACT TIMES
12.1 Working Day and Calendar Day Contracts:
12.1.1The Contract `fines (or Milestones) shall only be changed by Change rder or Time Extension Request
duly executed by both the CONTRACTOR andOwner's Representative. Any claim for an adjustment oft e
Contract Times(orMilestones)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 oft e delay. Notice ofthe 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 F. 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 or sothat corrections in the or 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 is the CONTRACTOR is not responsible, an extension of the Contract Times (or
Milestones) in an amount equal tothe 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.
12,11.4 The OWNER will consider time extension requests and may grant the CONTRACTOR an extension of time
because of:
.1 Changes ordered in the or 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 C(7NTRACTOR'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 its (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) its (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 its (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, EA 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 urin a Calendar Day
Contract, and is not a justifications 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.............. ...... 5 days
June................................ 6 days
July........ ...... ........ 6 days
August........................... 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 efinition: a"Rain aytle 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 tee tiro day.
ARTICLE1 ICORRECTION
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 1 .
13.2 Access to Work-,
The OWNER, EAE/A's Consultants, ether representatives and personnel of the OWNER, independent testing
laboratories and governmental agencies avis jurisdiction ill have unrestricted physical access to the Work site
for observing, inspectin and testing. The CONTRACTOR shall provide them proper and safe conditions for such
access, and advise them of the CCS T CJ 's site safety procedures and programs so that they may comply
therewith s applicable.
.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 133,3below;
for reinspecting or retesting defectiveWork; and
as otherwise specifically provided int e Contract Documents.
All testing laboratories shall bethose selected by the OWNER.
00700 04-2020 Page 32 General Conditions
13.3.3If laws or regulations of any public body having jurisdiction re uire any Work(or partthereof)specifically to
e inspected, tested ora proved 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 's and EIA'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 UncoveringWork.
® m1 If any Work ( rte work of others) that is to be inspected,, tested or approved is covered by the
CONTRACTOR it out concurrence of Owners Representative, or if any Work is covered contrary tote written
request of Owner's Representative, it must, if requested by Owner's Representative, be uncovered and recovered
at the CT `s expense.
13.4.2 If Owner's Representative considers it necessary oradvisable 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 or 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 ut 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 (orMilestones), or both, directly
attributable to such uncovering, exposure, observation, inspection, testing, replacement and reconstruction; and
the CONTRACTOR maymake a Claim therefor as provided in Article 11 and Article 12.
13.5 OWNER May Stop the Work-
13.5.1
r e1 . 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 ork will conform to the
Contract Documents, the OWNER may order the CONTRACTOR to stop the Work, ora y 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 ora y 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 Correctionor Removal of Defective Work,
If required 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 byOwner's Representative, remove it
from the site and replace it with Workthat 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 suc eective Work and/or
to determine the appropriate means or methods to address or correct such defective Work. The OWNER shall
have the right, in '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
e 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
y any specific provision of the Contract Documents, any Work is found to be defective, the CONTRACTOR shall
promptly, without cost to the OWNERand in accordance with the '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 ere
delay would cause serious risk of loss or damage, the OWNER mayhave the defective Work corrected ort e
rejected or 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 )will be paid by the CONTRACTOR.
13.7.2In special circumstances where a particular item of equipment is placed in continuos 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 MayCorrect Defective or
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 tote CONTRACTOR, correct and remedy any
such deficiency. I , 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 o 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 CO C °s services relate
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 °s other contractors,E/A and /A's consultants access to the site to enable the OWNER
o exercise the rights and remedies under this paragraph. All claims, casts, 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 int e Contract Documents with respect to the
7 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 's correction
of defective WORK. The CONTRACTOR shall not be allowed an extension eft e Contract Times (orMilestones),
or claims of damage because of any delay in the performance of the Work attributable to the exercise by the
OWNER of the 's rights and remedies er under.
13.9 ACCEPTANCE OF DEFECTIVE
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 '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 to accept the defective Work and
CONTRACTORshall pay for all work required to be performed to allow to accept the defective Work an
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 prier to final payment, the necessary revisions int e Contract Documents with respect to
the Work shall be incorporated in a Change Order. If the parties are unable to agree as tote 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 's acceptance of
defective Work.
ARTICLETO CONTRACTOR AND COMPLETION
14,1 Application for Progress Payment:
14.1.1 Nof more than once per month, the CONTRACTOR shall submit toOwner's Representative for review an
Application for Payment, in a form acceptable tote OWNER,filled out and signed y the CONTRACTOR covering
the Work completed as of the date of the Application and accompanied by such supporting docu entation as is
required by the Contract Documents or as required y OWNER.
14.1.2 Such applications shall not include requests for payment on account of changes in the Work whichhave
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.
14.1.4ner 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.
14.1.5ere the original Contract Amount is less than$400,000, the OWNER will pay to the CONTRACTOR the
total amount of approved plication for Payment, less ten percent(10%)oft e amount thereof, which ten percent
(10%)will be retained until final payment, less all previous payments and less all suras that may be retained by the
OWNER under the terms of this Agreement. Where the original Contract Amount is$400,000or more, the OWNER
ill pay to the CONTRACTOR the total amount of approved Application for Payment, less five percent ( %) 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 oft is 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 tote CONTRACTOR. The CONTRACTOR, at the `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;
monthly subcontractor report; and
.3 any other documentation required under the Supplemental General Conditions,
4.2 's Warranty of Title'.
The CONTRACTOR warrants and guarantees that title to all Work, materials and equipment covered by any
Application for Payment, ether 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 sof Applications for Progress t®
14.3.1wner's Representative will,within seven (7) calendar days after receipt of each Application for Payment,
Ther indicate a recommendation for payment and forward the Application for processing by the OWNER,or return
the Application tote 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.
3.2 Owners Representative's recommendation of any payment requested in an Application for Payment will
constitute a representation byOwner's Representative, based upon Owner's Representative's on-site observations
of the execrated Work and canOwner's Representative's review of the Application for Payment and the
accompanying data and schedules, that tote best ofOwner'sRepresentative's knowledge, information and belief.
.1 the Work has progressed to the point indicated; and
the quality of the Work is in accordance with the Contract Documents (subject to an evaluation oft e
Work as a functioning ole prior to ora on Substantial Completion, tot e results of any subsequent
tests called for in the Contract Documents, to a final determination of quantities and classifications for
nit price Work, and to any other qualifications stated in the recommendation).
14.3.3 By recommending any such payment, Owners Representative will not thereby be deemed to have
represents 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 oft e Contract Amount;
the CONTRACTOR's construction means, methods, techniques, sequences or procedures have been
reviewed; or
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 tot e
CONTRACTOR.
4.4 Decisions to Withholda e tm
14.4.1The OWNER may withhold or nullify the whole or part of any payment to such extent as may be necessary
on account of:
,1 defective Work not remedied;
0700 04-2020 Page36 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;
reasonable evidence that the Work will not be completed i hin the Contract Time, and that the unpaid
balance would not be adequate to cover actual or liquidated damages for the anticipated delay;
failure of the CONTRACTOR to submit a schedule of values in accordance with the Contract
Documents;
failure of the CONTRACTOR to submit a submittal schedule in accordance with the Contract
ocu ent%
failure of the CONTRACTOR to submit or update construction schedules in accordance with the
Contract Documents',
failure oft e CONTRACTOR to maintain a record of changes on drawings and documents',
failure of the CONTRACTOR to maintain weekly payroll reports;
.10 failure of the CONTRACTOR to submit monthly subcontractor re o s;
.11 t '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 °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 notagree with such recommendation.
14.4.2 nen 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 (3 ) calendar days of receipt of
approved plication for Payment.
14.5 la 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 (3 ) 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
CONTRACTORro in out of such delay in payment.
14.6 ears®
0 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 ; and the OWNER shall be entitled to counterclaim and offset ainst
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 n ii s
114.7 Substantial Completion:
14.7.1 If a Certificate of Occupancy is required by public authorities having urisdictio over the Work, said
certificates all 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 notifyOwner'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, Owners Representative will notify the CONTRACTOR givingreasons
therefor. Failure on the R`s part to list a reason dues not alter the responsibility of the CONTRACTOR to
complete all Work in accordance with the Contract Documents. After satisfactorily completing items identified
Owner's Representative, the CONTRACTOR shall then submit another request forOwner'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, heats 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 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 te
punch list.
14A PartialUtilization:
The OWNER, at the 's scale option, shall have the right to take possession of and use any completed or
partially competed portion of the Work regardless of the time for completing the entire Work. The 's
exercise of such use and possessions all not be construed to mean that the OWNER acknowledges that any part
of the Work so possessed and used is substantially complete ort at it is accepted by OWNER, and the 's
exercise of such use and possessions all 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 or or remedy such deficiencies.
14.10 Final Application for Payment.
The CONTRACTOR maymake application for final payment following the procedure for progress payments after
the CONTRACTOR has completed all such corrections tot the satisfaction ofOwner's Representative and delivers
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 prodded, complete and legally effective
releases or waivers (satisfactory tote ) of all claims arising out of or filed in connection with
theWork;
070 rat Conditions
Certificate evidencing that insurance required by the Supplemental General Conditions will remain in
force after final payment and through any warranty period;
on® se of AsbestosAffidavit(After Construction); an
Any other documentation called for in the Contract Documents.
®11 Final Paymenta c to :
°1101 If, on the basis of observation of the Work during construction, final inspection, and review of the final
Application for Payment and accompanying ocu e tation as required by the Contract Documents, Owner's
Representative is satisfied that the Work has been completed and the T T '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 theOwner's Representative,
the OWNER will pay to the CONTRACTOR the balance due the CONTRACTOR under the terms of the Contract.
1411.2 s Contract Time is measured to Final Completion, Owner's Representative will issue a letter of final
acceptance to the CONTRACTOR whichestablishes the Final Completion date and initiates any warranty period.
1 011®3 Final payment is considered to have taken place when the CONTRACTOR or any of its representatives
negotiates the 's final payment check, whether labeled final or not, for cash or deposits check in any
financial institution for its monetary return.
®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 a ective 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; an
waiver of all claims by the CONTRACTOR against the OWNER other than those previously made in
writing and still unsettled.
ARTICLE 1TERMINATION
15.1 OWNER May Suspendor ithout 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( )calendar days by written agreement or by Written Notice to the CONTRACTOR
hick will fix the date on which e Work will be resumed. The CONTRACTOR shall resume the Work on the date
so fixed. The CONTRACTOR maybe 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 Claire therefor
as provided in article 11 and Article 1 .
®2 OWNER May Terminate Without Cause:
Upon seven (7) calendar days'Written Notice tote 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
for all claims incurred in settlement of terminated contracts with Suppliers, Subcontractors, and others.
The CONTRACTOR agrees to negotiate in good faith with u contractors, Suppliers and others to
mitigate the °s cost CONTRACTOR shall include in any subcontract or purchase order
language that provides that if the Agreement is terminated itout cause, the Subcontractor and
Suppliers will only be paid for work performed or materials and equipment supplied and shall not have
any ether claims against CONTRACTOR or OWNER,
CONTRACTOR shall not be paid for any profit or overhead for Work not completed.
15.3 OWNER MayTerminate ith Cause:
15.3.1on 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;
if the CONTRACTOR disregards laws or regulations of any public beady having jurisdiction-,
.3 if the CONTRACTOR disregards the authority of Owners Representative;
if the CONTRACTOR makes fraudulent statements;
if the CONTRACTOR fails to maintain a work force adequate to accomplish the Work withint e
Contract Time;
if the CONTRACTOR fails to make adequate ro ress and endangers successful completion oft e
Contract; or
.7 if the CONTRACTOR otherwise violates any provisions of the Contract Documents;
The OWNER may, after giving the `i T (and the surety, if any) seven (7)calm 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 li ilit to the CONTRACTOR for trespass or conversion),
incorporate in the Work all materials and equipment store 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 oft e 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 T T '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
e 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( )years.
00700 04-2020 Page 40 General Conditions
15.4 CONTRACTORy Stop WorkTerminate:
If through no act or fault oft e CONTRACTOR,the Work is suspended for a period of more than ninety( )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 tidy ( )
calendar days after it is submitted, or(except during disputes)the OWNER fails for sixty ( ) calendar days after it
is submitted to pay the CONTRACTOR any sure finally determined by the OWNER to be due, then the
CONTRACTOR a ,upon seven(7)calendar days'Written Notice tot e 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( )calendar days after it is submitted, or
(except during disputes) the OWNER has failed for sixty (6 ) 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 tote OWNER stop the Work until payment of all such amounts due the
CONTRACTOR, includin interest thereon. The provisions oft is paragraph 15.4 are not intended to preclude the
CONTRACTORfrom making a Claim under Arficle 11 and Article 12 for an increase in Contract Amount or Contract
Times or otherwise for expenses or damage directly attributable to the T CTC) `s stopping car as permitted
y this paragraph.
ARTICLE 1 DISPUTE T
.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, .11.5.2® 6A7,
.5, a6,9.5, 10.4.2, 118, 1541, 1542, 15.3,or 15.4,or other occurrences or everts, shall be made by Written Notice
delivered by the party making the Claim to the other party within thirty ( ) calendar days after the start +ofthe
occurrence or event giving rise tote Claim and stating the general nature of the Claim. Notice of theamount of
the Claim with supporting data shall be delivered within thirty ( ) 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( )calendar days of receipt of notice of thea cunt oft e 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 sall have thirty( ) calendar days in which to:
.1 submit additional supporting ata requested by the other party;
.2 modify the initial Claim; or
e3 request Alternative Dispute Resolution.
16.2 AlternativeDispute 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.
16.2.2egotiating with Previously Uninvolved Personnel: Either party may make a written request fora meeting
to be held between representatives of each a it in fourteen 1 ) calendar days of the request or such later
period that the parties may agree to, Each party shall endeavor to include, ata minimum, one (1) previously
uninvolved senior level decision maker empowered to negotiate on behalf of their organization. The purpose of this
and subsequent meetings will be good faith negotiations of the matters constituting the dispute. Negotiations shall
be concluded within thirty(30) calendar days of the first meeting, unless mutually agreed otherwise. This step may
00700 04-2020 Page 41 General Conditions
be waived by written agreement of bothparties, in which event the parties may proceed directly to mediation as
described below.
16.2.3 Mediation:
1 a , .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 ( )
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 e e .
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, ata minimum, shall provide for 1)conducting an on-site investigation, if appropriate, the mediator for
fact-gathering purposes, 2) a meeting of all parties forte exchange of points of view and 3) separate meetings
between the mediator and each party to the dispute fart e formulation of resolution alternatives. Theparties 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 tothem.
ARTICLE 17—RIGHT TO AUDIT
1 "1 Right to Audit:
Whenever the OWNER enters into any type of contractual arrangement with the CONTRACTOR, ten 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 ER's representative. or an outside representative
engaged y 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 t e recurs of the CONTRACTOR. The ter
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 's judgment, have any bearing on or pertain to any
matters, rights, duties or obligations under or covered by any contract document. Such recons 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 TATO 's possession which may have a bearing on matters of interest to the OWNER i
connection with the T T '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 O T 's compliance with contract require entsa
b) The T ACT 's compliance with the 'S business ethics olicie% and
c) If necessary, the extent of the Work performedy the CONTRACTOR at the time of contract
termination.
17A.2 The CONTRACTOR shall require all payees(examples of payees include subcontractors, insurance agents,
material suppliers, etc.) to comply with the provisions oft is Article 17 by securing the requirements hereof in a
7 42 GeneralConditions
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 T CTS 's
subcontractors to cooperate fully in furnishing or in making mailable 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 O 's authorized representative or designee shall have reasonable access to the T 's
facilities, shall be allowed to interview all current or former eployees to discuss matters pertinent tot e
performance oft is Agreement, and shall be provided adequate and appropriate or space in Larder 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%) oft e total contract
billings, then the reasonable actual cost of the O E 's audits all be reimbursed tote OWNER by the
CONTRACTOR, ny adjustments and/or payments,which must be made as a result of any such audit or inspection
of the T TOR's invoices and/or records, shall be made within a reasonable amount of time(not to exceed
90 days)from presentation of the 's findings tote CONTRACTOR.
17.1.5 e CONTRACTOR shall take reasonable actions to prevent any actions or conditions which could result
in a conflict with the OWN E R's best Interests. These obligations shall apply tot e activities of the CONTRACTOR's
employees, agents, subcontractors, etc. in their dealings and relations with the 's current and former
employees and their relatives, For example„the T T 's employees, agents or subcontractors should not
oke or provide to be made any employment, gi s, extravagant entertainment, payments, loans or other
considerations to the O '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 ithin 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
material breach of contract entitling the OWNER to pursue damages resulting from the failure to comply with this
provision.
ARTICLE 1MISCELLANEOUS
18.1 e
In the event of any suit at law or in equity involving the Contract, venues all be in Williamson County, Texas and
e laws of the state of Texas shall apply to Contract interpretation and enforcement,
18.2 Extentof Agreement:
This Contract represents the entire and integrated agreement between the OWNER and the CONTRACTOR and
supersedes all prior negotiations, representations oragreements, ei er written or oral.
18.3 Cumulative Remedies'.
The rights and remedies available tot 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 ich 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 oft is 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.
0 Page 43 General Conditions
18.4 Severability:
If any word, phrase, clause, sentence or provision of the Contract, orthe 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 terntent 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 ane loyer/e to ee 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,
® Prohibition of Gratuities
The OWNER may, by Written Notice to the CONTRACTOR, terminate the Contract without liability if is determined
byte OWNER that gratuities were offered or given by the CONTRACTOR or any agent or representative ofthe
CONTRACTOR to any officer or employee of the OWNER with a view toward securing the Contract or securing
favorable treatment with respect tote 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 thea ount 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, int Contract resulting from that solicitation. Any violation of this provision, with the knowledge,
expressed orimplied, 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 gEnglineer/Architect E/A
Add the following:
Name (Representative): Sh�urg Spivey, PEo PTFE
Firm: BGE, Inc
Address: 1701 Directors Blvd, Suite 1000
City, State, Zip: Austin, Texas 78744
Telephone: 5124879-0400
Facsimile: 5-12-233-5110
Email: ssPivevAbqeinc.com
1.27 Owner's Representative:
Add the following:
Name: Matthew Bush k, PE Title: Presject nsger
Address: 3400 Sunrise Road
City, State,Zip: Round Rock, TX 78665
Telephone: 512-341-3318
Facsimile: N/A
Email: mbushak6l�roundrocktexas.qov
ARTICLE 6-CONTRACTOR'S RESPONSIBILITIES
6A8 Liquidated Damages
Add the following:
1. CONTRACTOR SHALL PAY LIQUIDATED DAMAGES IN THE AMOUNT OF
five-hundred AND NO/100
DOLLARS $500 PER DAY FOR EACH D;KY--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 I
008(K) 1110 20B Condmuns
001090669
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
2® CROSSING UTILITIES
Prior to commencing the or associated with this Contract, itshall 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 one at his own
expense.
02-02 UTILITY SERVICES FOR CONSTRUCTION
The CONTRACTOR will be responsible for providing its own utility services while
perfrinning 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 I Special Conditions
00443643
02-03 WAGE RATES
Wage Rates(Information From Chapter 2258,Texas Government Code Title 10)
® Duty of Government Entity to Pay Prevailing Wage Rates
a. The State or any political subdivision oft e State shall pay a worker employed
by it or on behalf of it:
(1) not less than the general prevailing rate of per them 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 is wages for legal
holiday and overtime work.
bSubsection (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 oft e State ora y officer or public body
of the State ora political subdivision of the State, employs the worker,
3® Prevailing Wage test 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 tote state
ora political subdivision oft e 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 inthe 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 inthe administration of this chapter,
C. A municipality is entitled to collect a penalty under this section only if the
municipality has a population of more than 109000.
00900 4 2020 page 2 S11peclial C'cmdaiiwils
004E41,6 41
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:
take cognizance of complaints of all violations of this chapter committed in the
execution oft e contract-, and
2. withhold money forfeited or required to be withheld under this Chapter from
the payments to the Contractor under the contract, except that the public body
may not withhold money from other than the final payment without
determination by the public body that there is good cause to believe that the
Contractor has violated this chapter.
Applicable wage rates to be used in Williamson and/or Travis County may be
obtained from the U.S. Department of Labor website at the following web
addresses:
Construction Types: Heavy (Sewer/Water Treating Plant and
Sewer/Incidental to Highway)
httr).,�'/'www.wdol.p-ov/wdol/scafiles/`davis bacon/TX33.dvb?v:::::::::::::O
Construction Types: Heavy and Highway
httt):�'/www.wdol.Rov/wdollseafiles/davisbacon/TX I 6.dvb?v,;0
Construction Type: Building
htti):�'/www.wdol.p-ov/wdol)"scafiles�I'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 anor 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
00,900 4 10210 Page 3 Spocind 421nindirnons
00441643
02-06 LAND FOR WORK
OWNER provides, as indicated on Drawings, an upon is 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 an 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 deten-nine 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 &A. The CONTRACTOR shall cons with the EII'A and Owners
Representative in the field for assistance as necessary. Sufficient staking materials and
equipment shall be provided byte 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,
009100-4-2020 Page 4 SpecudCon'diallolft's
001443643
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 wills spend 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 tothe
public. The CONTRACTOR shall ensure compliance at all times with the accepted
Traffic Control Plan forte project and shall be responsible for all maintenance,
signing and safety precautions necessary for traffic control. These items shall be
included in the bid its Traffic Control.
00900-4-2020 Page 5 Sqwciia �Crxndawins
004,4310,43
01000 TECHNICAL SPECIFICATIONS
ITEM I GENERAL DESCRIPTION
1.01 SCOPE OF WORK
The or covered by these Specifications consists off is ing all labor, equipment,
appliances, materials and perforining 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 refer-red to and
included in this contract as fully and tote same extent as if copied at length herein,
adshall 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 (®y3y3y..I.o. u n.d. ..r..o rock q xg.s.4py) at the
.................................................... ...
following we address: www.roundrocktqxa%_vnv�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 aft is
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®u the site promptly when notified to do so by the
EIA.
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, orthe 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 tote CC)NTRACTOR's
operations, shall be immediately removed,
Page I
10 1101004-2(1120
00443645
2.01.2 BACKWORK
The CONTRACTOR shall coordinate his operations in such a manner as to prevent the
amount of clean®u and completion of back works from becoming excessive, Should
such a condition exist,the Er'A may order all or portions oft e work to cease and refuse
to allow any work to commence until the back work is done to the '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 &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 tothe satisfaction of the EZA. It shall bethe CONTRACTOFt's
responsibility for the construction methods and safety precautions in the undertaking
of this Contract.
3.02 NOTIFICATION
The EIA and the OWNER must be notified a minimum of 24® ours in advance of
beginning construction,testing, or requiring presence oft e E/A,Owner's or Owner's
Representative.
3.03 CONSTRUCTION STAKING
The Et'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.
® 4 PROTECTION OF STAKES, MARKS, E C.
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 CONTRACTO R's sole expense.
Page 2
1011000 4.20,20
100443645
ITEM 4 PROTECTION AND PRECAUTION
4.01 WORK IN FREEZING WEATHER
Portions of the work may continue as directed byte E/A.
4.02 PROTECTION 0 ANTS 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 ofthe
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 forte disposal of
surplus material, such as rock, trees, as 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 &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 mcant at the item referred
to shall be "proper", the "equivalent" of, or "equal to" some other item, inthe opinion
or judgment of the EA. 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 TcchincM S11-wciificafioinrs
00443645
PLANS,
If applicable, insert reference(s)) to project plans; details; and nates
Plan Set entitled "Mays Strut at Bowman Road, Mays Street at Logan Street®
i