Contract - N.G. Painting - 10/14/2021 CITY OF ROUND ROCK
UTILITIES AND ENVIRONMENAL SERVICES
TEXASROUN103 ROCK
RehabilitationProject Manual For.-
South 81 Composite Elevated Tank . .
August
Prepared :
David reircicP.E.
City of RoundRock
APPROVED BY
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South 81 Composite Elevated Tank Rehabilitation
TABLE OF CONTENTS
Section Description No-of ayes
00020 Notice to Proposers I
00100 Instructions to Proposers 12
Exhibit A 1
00150 Questionnaire 6
00200 Bid and 2
00300 Proposal Form 4
00310 Bid Form 6
00410 Statement of Bidder's Safety Experience 12
00500 Agreement 5
00600 Insurance& Construction and Forms
Performance & Payment and Instructions I
Insurance Instructions 1
00610 Performance and 3
00620 Payment and 2
00650 Certificate of Liability Insurance 3
00700 General Conditions 41
00800 Supplemental General Conditions 2
00900 Special Conditions 5
01000 Technical Specifications 4
Attachment A 25
02000 Plans, Details and Notes 4
City logo included in a separate document. Map and
lank description included.
8 21�1 16 Fable of Cameras
0100,91,06,65
00020 NOTICE TO PROPOSERS
Notice to Proposers
Pursuant to the provisions of Texas Government Code Section 2269.151, it is the intention of the City of Round Rock
to select,via the Request for Proposal,a prime contractor by using the Competitive Sealed Proposal process for the
construction of the South 81 Composite Elevated Tank Rehabilitation project as generally described herein.The
project includes: repairing and iecoati ng of the 1,250,000 gallon elevated water tank.
Sealed Proposals containing one digital copy,on a USB Flash Drive,and a total of three(3) and copies of each
proposer's complete"Proposal Form,"(Proposal Form not required on digital copy)"Questionnaire,"and any other
required or additional materials that follow the"Format of Submitted Proposal"must be submitted to Juan Martinez,
City of Round Rock, 3400 Sunrise Road,Round Rock,TX 78665 no later than August 24,2021 at 1 m. in an
opaque envelope/packaging,sealed,and clearly marked on the outside with:
Proposal to Serve as
Competitive Sealed Proposal
for the
SOUTH 81 COMPOSITE ELEVATED TANK REHABILIATION
Proposals will be publicly opened and read aloud at City of Round Rock Utilities and Environmental Services,3400
Sunrise Rd, Round Rock,TX 786654 at I 0.00am on August 24,No oral,telegraphic or facsimile proposals will be
accepted. No late proposals will be accepted. No proposals may be withdrawn after the scheduled proposal opening
deadline. All proposals received after the scheduled proposal opening deadline will be returned unopened.
Proposals are to include the specific qualification information requested in the sequence and format prescribed in the
Proposal Packet including Plans,Bid Forms, Specifications,and Instructions to Bidders may be obtained free of charge
at the following web address: www.civcastusa,com.. Registration with CivCast is required at the website to
download the documents. Bidders shall be responsible for printing or obtaining prints of the aforementioned documents
as necessary.For questions please contact the City's Project Manager,Juan Martinez,(512) 341-3332.
A pre-proposal meeting will be held at 3400 Sunrise Rd,Round Rock,TX 78665 on August 17,2021 at 10:00 a.m.
Attendance is mandatory.The owner's representative will be in attendance to discuss the project.
Each proposal must be accompanied by a cashier's check or acceptable bond payable to the City of Round Rock in an
amount not less than five percent(5111"0)of the total proposed contract sum, plus alternates as submitted.
The successful proposer will be required to furnish payment bonds and performance bonds in amounts equal to one
hundred percent(100%)of the contract sum, in accordance with chapter 2253 of the Texas government Code,within five
(5)days of award of contract.
Selection of the successful Proposer will be based on the selection criteria:het forth in the instructions to proposers. In
case of ambiguity,duplication or obscurity in the proposals,The Cit) of Round Rock reserves the right to reject any
andlor all proposals and waive any informalities and irregularities in any an&or all proposals received. Contractors and
subcontractors shall pay to laborers,workman and mechanics the prevailing wage rates as determined by the City of
Round Rock
Publication Dates:
Round Rock Leader PflugeKyille Pflagg
.... ..................
1. August 4,2021 1. August 5,2021
2. August 1t,2021 2. August 12, 2021
00100 INSTRUCTION TO PROPOSERS
Ci!y of Round Rock,Texas
Instructions to Proposers: Section 00100
INSTRUCTIONS TO PROPOSERS
SOUTH 81 COMPOSITE ELEVATED TANK REHABILIATION
1.1 RELATED DOCUMENTS
A. Drawings and general provisions of the contract forms, including General
Conditions and Supplemental General Conditions and others ecificatio sections,
are applicable documents.
1.2 DEFINITIONS
A. All definitions set forth in the General Conditions and Supplemental General
Conditions, in on Rock's "Standard or of Agreement between Owner and
Contractor," and in other contract documents are applicable to these proposal
documents.
B. Proposal documents include the Request for Competitive Sealed Proposals for
Construction Services, Instructions to Proposers, Proposal Form, sample bond and
contract forms, and the proposed contract documents including any addenda issued
prior to receipt of proposals.
C. Addenda are written or graphic instruments issued prior tote opening of the
proposals which modify or interpret the proposal documents (including drawings
and specifications) by additions, deletions, clarifications or corrections. Addenda
become part or the contract documents when the Standard For of Agreement
between Owner and Contractor is executed.
D. The City of Round Rock may be referred to in the proposal documents as Owner.
E. A proposal is a complete and properly signed proposal to do the or for the sums
stipulated therein, submitted in accordance with the proposal documents.
F. The base contracts is the sum stated in the proposal for which the Proposer
offers to perform the work described in the proposal documents as the base, to
which work may be added or from which work may be deleted, for sums stated in
alternate proposals, if alternate proposals are required.
G. An alternate proposal (or alternate) is an amount stated in the proposal to be added
to or deducted from the amount of the base contract sum and the corresponding
change in the work, as described in the proposal documents or in the proposed
contract documents.
K A unit price is an amount stated in the proposal as a price per unit of measurement
for materials or service as described inthe proposal documents or in the proposed
contract documents.
I. A Proposer is a person or entity who submits a proposal.
J. A subcontractor is a person or entity who submits a proposal to a Proposer for
materials or labor for a portion of the Work.
K. The Contractor is the person or entity that has been determined to provide the best
value for Owner based on Owner's Selection Criteria and its ranking evaluation, and
to whom Owner awards the contract.
L. Contract refers to the City of Round Rock's"Standard Form of Agreement between
Owner and Contractor."
1.3 EXAMINATION OF DOCUMENTS AND SITE
A. Each Proposer, by making a proposal, represents that she/he has read and
understands the proposal documents.
B Each Proposer, by making a proposal, represents that she/he has visited the site,.
performed investigations and verifications as she/he deems necessary,„ and
familiarized her/himself with the local conditions under which the Work is to be
performed, and will be responsible for any and all errors in her/his proposal
resulting from failure to do so.
C. The location and elevations of the various utilities and pipe work included within
the scope of the Work are offered as a general guide only, without guarantee as to
accuracy. The Proposer shall verify and investigate to her/his own satisfaction the
location and elevation of all utilities, pipe work, and the like and shall adequately
inform herr"himself of their relation to the work before submitting a proposal.
D. Before submitting a proposal each Proposer will,at Proposer's own expense,make
or obtain any additional examinations, investigations, explorations, tests and
studies and obtain any additional information (surface, subsurface, and
underground facilities)at or contiguous to the site, or otherwise,which may affect
cost, progress, performance or furnishing of the Work and which Proposer deems
necessary to detennine her/his proposal for performing and furnishing the Work in
accordance with the time, price and other terms and conditions of the contract
documents.
E. On request in advance, Owner will provide each Proposer access to the site to
conduct explorations and tests as each Proposer deems necessary for submission of
a proposal. Proposer shall fill all holes,clean up, and restore the site to its former
condition upon completion of such explorations.
F. The lands upon which the Work is to be performed,all rights-of way and easements
for access thereto, and other lands designated for use by Contractor in performing
the Work are identified in the contract documents.
G. Each Proposer,by making her/his proposal,represents that her/his proposal is based
upon the materials, systems, and equipment required by the proposal documents
without exception.
1.4 PROPOSAL DOCUMENTS
A. Complete sets of proposal documents shall be used in preparing proposals; neither
Owner nor the Architect or Engineer assumes any responsibility for errors or
misinterpretations resulting from use of incomplete sets of proposal documents,
B. Owner or the Architect or Engineer, in making copies of the proposal documents
available on the above terms, do so only for the purpose of obtaining proposals on
the or and do not confer a license or grant for any other use.
1.5 PROPOSAL PROCEDURES
A. All proposals shall be prepared on the Proposal Form provided by the Architect or
Engineer and submitted in accordance with these Instructions to Proposers.
Proposers shall provide all requested information.
B, A proposal is invalid if it has not been deposited at the designed location prior to
the time and date for receipt of proposals indicated in the Request for Competitive
Scaled Proposals for Construction Services andi'or the Notice to Proposers
[included at Section 00020 of the Project Manual],or prior to any extension thereof
issued by addenda to the proposers. Proposals received after submission deadline
shall be returned unopened and will be considered unacceptable and shall be
considered void. Owner shall never be held responsible for lateness of mail,
carriers, couriers, etc., and the time/date stamp clock used by the City of Round
Rock shall be the official time of receipt.
C. Unless otherwise provided in any supplement tothese Instructions to Proposers, no
proposer shall modify. withdraw or cancel her)'' is proposal or any part thereof for
ninety(90)days after the time designated for the receipt of proposals in the Request
for Competitive Sealed Proposals for Construction Services,
D. Proposals shall not contain any recapitulation of the Work to be done.
E. Proposers shall make no additional stipulations on the Proposal Form,nor limit,nor
qualify proposals in any other manner. Proposals so qualified will be subject to
disqualification.
F. Itemized Bids and listed Key Subcontractors are due at bid opening on August 24,
2021 at 10:00am. Itemized bids should include a breakdown of major
divisions of construction and key Subcontractors list, Key Subcontractors can be
described as a licensed trade, any Subcontract totaling 5°�O' or more of the proposed
contract sum,or a critical path Subcontractor.
1.6 DISCREPANCIES AND AMBIGUITIES
A. Each proposer shall examine the proposal documents carefully and, not later than,
two business days prior to bid opening,shall make written request,via email and
by email only, to the Owner for questions, interpretations or corrections of any
ambiguity, inconsistency or error therein which shc,,Ihe may discover to:
Juan Martinez,Project Manager
rti i rcr roc!qMH& ov
Any interpretations, corrections and changes to proposal documents or extensions
to the opening date will be made by addenda to the proposal documents by Owner
and communicated publicly through the Civcast website:
www.eiveastusa.com
Sole authority to authorize addenda shall be vested in Owner. Prior to submitting
the proposal,the proposer is responsible for determining if any addenda have
been issued and for following any instructions.
Proposers shall acknowledge receipt of all addenda. It shall be the Proposer's sole
responsibility to insure receipt of all addenda before proposal submission.
1.7 SUBSTITUTIONS
A. Each Proposer represents that her/his proposal is based upon the materials and
equipment described in the proposal documents.
B. No substitution will be considered unless written request has been submitted to the
Owner for approval not later than August 17,2021,
C. If the Architect or Engineer and Owner approve a proposed substitution, such
approval will be set forth in an addendum.
D. Substitutions not submitted and approved by August 17, 2021 may be added as a
Voluntary Alternate and submitted at time of bid on the proposal form.
1.8 QUALIFICATION OF PROPOSERS
A. Every Proposer shall submit with her/his proposal a properly executed
Questionnaire.
B. Proposers may be disqualified, and their proposals not considered for, by way of
illustration but not by way of limitation, any one or more of the following reasons:
I. Reasonable information or belief that collusion exists among Proposers;
2. Proposer being interested in any manner in any litigation involving Owner;
3. Proposer being in arrears on any existing contract or having defaulted on
any previous contract;
4. Lack of competency as revealed by the financial statement,experience and
equipment,Questionnaire, or qualification statement;
5. Uncompleted work which in the judgment of Owner will prevent or hinder
the prompt completion of additional work if awarded.
1.9 PREPARATION OF PROPOSAL
A. Proposer shall submit her/his proposal on the Proposal Form furnished as part of
the proposal documents in the required format. All blank spaces in all forms shall
be correctly filled in and the Proposer shall state the prices, written in words and in
figures. Where there is a discrepancy between the price written in words and the
price written in figures. the price written in words shall govern. If the proposal is
submitted by an individual,that person's name must be signed by that person or by
that person's duly authorized agent. If the proposal is submitted by a firm,
association or partnership, the name and address of each member must be given,
and the proposal must be signed by an official or duly authorized agent. Powers of
Attorney which authorize agents or others to sign proposals must be properly
certified and must be in writing and submitted with the proposal.
1.10 PROPOSAL SECURITY
A. Each proposal must be accompanied by proposal security made payable to Owner
in an amount of five percent (5P,0')of the Proposer's maximum proposal price; and
same shall be in the form of a cashier's check ora Proposal on , duly executed
by Proposer as principal and having as surety thereon a corporate surety authorized
and admitted to do business in the state of Texas and licensed to issue such bond,
as a guarantee that Proposer will enter into the City's contract and execute the
required Performance and Payment Bonds within five (5)days of Owner's award
of contract.
B. The Proposal Security will be retained until such Proposer has executed the
Standard Form of Agreement between Owner and Contractor, and furnished the
required bonds,whereupon the proposal security will be returned. If Proposer fails
to execute and deliver the Standard For of Agreement between Owner and
Contractor and furnish the required bonds within five (5) days of Owner's award
of contract, Owner may annul the award of contract. In that event, the proposal
security of that Proposer will be become the property of Owner, not as a penalty
but as liquidated damages. Owner reserves the right to award the contract to the
next-ranking Proposer based on Owner's evaluations of the proposal, as Owner
deems to it be in the best interests of Owner. The proposal security of the other
proposers whom Owner believes to have a reasonable chance of receiving the
award may be retained by Owner until the earlier of the seventh (7'h) day after the
effective date of the Standard For of Agreement between Owner and Contractor
or the ninety-fifth (95'h) day after the proposal opening, whereupon the proposal
security furnished by such proposers will be returned.
C. Owner has the right to retain the proposal security of all Proposers until either:
1. The Standard For of Agreement between Owner and Contractor has been
executed and the bonds have been furnished, or
2. The specified time has elapsed so that proposals may be withdrawn,or
3. All proposals have been rejected.
PERFORMANCE BOND& LABOR& MATERIAL PAYMENT BOND
A. Contractor shall post with Owner, within five (5) days of Owner's award of
contract, a Performance Bond in the amount of one hundred percent(100%)of the
total contract price in such form as is deemed satisfactory by Owner. This bond
shall be executed by a corporate surety company duly authorized and admitted to
do business in the state of Texas and licensed to issue such bond in the state.
B. Contractor shall post with Owner, within five (5) days of Owner's award of
contract,a Payment Bond in the amount of one hundred percent(100%)of the total
contract price in such form as is deemed satisfactory by Owner. This bond shall be
executed by a corporate surety company duly authorized and admitted to do
business in the state of Texas and licensed to issue such bond in the state.
C. In addition to the above requirements, if the amount of any bond exceeds One
Hundred Thousand and No/100 Dollars ($100,000.00), then the surety on such
bond must also:
1. Hold a certificate of authority from the United States Secretary of the
Treasury to qualify as a surety on obligations permitted or required under
federal law;or
2 Have obtained reinsurance for any liability in excess of$100,000.00 from a
reinsurer that is authorized and admitted as a reinsurer in Texas and is the
holder of a certificate of authority from the United States Secretary of the
Treasury to qualify as a surety or reinsurer on obligations permitted or
required under federal law.
In determining whether the surety on the bond or the reinsurer holds a certificate of
authority from the United States Secretary of the Treasury, Owner may
conclusively rely on the list of companies holding certificates of authority as
acceptable sureties on federal bonds and as acceptable reinsuring companies
published in the Federal Register by the United States Department of the Treasury
covering the date on which the bond was executed.
D. Contractor must file, along with the Performance Bond and Payment Bond, all
documents and information necessary to establish that the agent signing the bond
is authorized to write the bond in the amount requested and, if applicable, that
reinsurance requirements have been met, including limits and ratings or other
evidence of company solvency.
E. If the corporate surety company on any bond furnished by Contractor to Owner is
declared bankrupt or becomes insolvent or such corporate surety company's right
to do business in the state of Texas is revoked,then Contractor shall within five(5)
days thereafter substitute another bond and corporate surety company, both of
which must be deemed acceptable by Owner.
1.12 FILING PROPOSAL
A. No proposal will be considered unless it is filed with Owner within the time limit
for receiving proposals as stated in the Request for Competitive Scaled Proposals
and,,"or the Notice to Proposers [included at Section 00020 of the Project Manual].
Each proposal shall be in a sealed envelopc�packaging plainly are as required
by those documents.
1.13 MODIFICATION AND WITHDRAWAL OF PROPOSAL
A. No proposal may be withdrawn or modified after the proposal opening except
where the award of the contract has been delayed beyond ninety(90)days after date
of proposal opening.
1.14 IRREGULAR PROPOSAL
A, Proposals will not be considered if they show any omissions, alterations of form,
additions, conditions not requested, unauthorized alternate proposals, or
irregularities of any kind. However, Owner reserves the right to waive any
irregularities and to make the award in the best interests of Owner.
1.15 REJECTION OF PROPOSAL
A. Proposer acknowledges the right of Owner to reject any or all proposals and to
waive any informality or irregularity in any proposal received. In addition,
Proposer recognizes the right of Owner to reject a proposal if Proposer failed to
furnish any required proposal security, or to submit the data required by the
proposal documents,or if the proposal is any way deemed incomplete or irregular.
1.16 SELECTION CRITERIA AND OWNER EVALUATION
A. Owner intends to award the contract to the Proposer whose proposal represents the
best value to Owner according tote selection criteria and the relative weighting
set forth herein. The selection criteria that Owner will use in selecting the
successful Proposer and the relative weighting of such criteria are as follows:
Selection Criteria
2) Price: The quoted price, cost methodology, alternatives proposed, and
markup for changes. (Total 50 pts.)
b) Experience: 1) Has the proposer finn performed projects as described in
Section 00150? 2) Have the proposer's major subcontractors performed
projects as described in Section 00150? 3) Are there governmental clients
listed (with contact information) and was the project overall a positive
experience for those clients? 4)Are the projects presented equal or greater
in complexity, scope, and dollar value when compared with the proposed
project? 5) Was the completion of similar projects completed according to
the construction schedule? (Total 20 pts.)
C) Company and Construction Team Qualifications: 1) Is the company
competent, financially stable, and experienced to complete the proposed
project? 2) Has the project manager and superintendent been successful in
managing projects of similar size, complexity, and scope as the proposed
project? 3) Does the construction team's resumes reflect technical
knowledge and practical experience managing and constructing projects,
equal to the proposed project? 4) Has the construction team worked
together on multiple projects?5)Was a written statement from the coating's
manufacturer provided?(Total 20 pts.)
d) Plan, Schedule and Quality Control: 1) Was a well thought out
containment drawing provided?2)Is the company able to meet the proposed
construction schedule? 3) Has your organization met the project schedule
for a project contracted with the City of Round Rock in the past? 3) Does
the company have a valid contingency plan if delays occur and the ability
to execute that plan? 4) Does the company have a valid quality control
program? (Total 15 pts.)
e) Compliance with Administrative Requirements and Information
Requested: 1) Did the Proposer follow the Proposal Instructions and
Format? (Total 0 to- 5 pts.)
B. Proposals shall be publicly opened, and the names of each Proposer shall be read
aloud, together with all prices stated in each proposal.
C. Within forty-five(45)days after the proposals are opened, Owner or its designated
representatives shall evaluate and rank each proposal submitted in relation to the
published selection criteria and weighting.
D. Owner will initially attempt to negotiate a contract with the first ranked Proposer.
If Owner does not require any modifications to the scope, time, or price, then the
first ranked Proposer shall execute the Standard Form of Agreement between
Owner and Contractor, as awarded. If for any reason Owner is unable to reach
contract execution with the first ranked Proposer, then Owner will give written
notification to that Proposer that negotiations are ended and will then proceed to
negotiate with the next ranked Proposer in the order of selection ranking until such
time as a contract is reached or all proposals are rejected. Proposals may be rejected
at any time.
1.17 EXECUTION OF CONTRACT
A. No contract shall be binding on Owner until it has been executed by Owner or its
duly authorized representative,and same delivered to Contractor.
1.18 FAILURE TO EXECUTE CONTRACT
A. The failure of the Proposer to execute the required bonds or to sign the required
contract within five(5)days after the contract is notified that the scoring committee
has selected the as the I" choice contractor shall be considered by Owner as
abandonment of the proposal,and Owner may rescind the notice.
1.19 PURCHASEORDER
A. Purchase order(s) shall be generated by Owner to Contractor. The purchase order
number must appear on all itemized invoices.
1.20 NOTICE TO PROCEED
A. Upon the execution of bonds and contract, Owner will issue a written Notice to
Proceed to Contractor requesting that she/he proceed with construction, and
establishing the commencement of the contract time; thereafter, Contractor shall
commence work within ten(10)calendar days after the date of Notice to Proceed.
1.21 CONSTRucriON SCHEDULE
A. The time for substantial completion is one-hundred to (120) calendar days from
the notice to proceed letter and one-hundred twenty (130) calendar days from
notice to proceed letter to final completion, Such deadline for completion will be
included in the Standard Form of Agreement between Owner and Contractor.
1.22 LIQUIDATED DAMAGES
A. Should Contractor fail to achieve completion of the work within the specified
completion schedule, then the sum or One Thousand and No/100 Dollars
($1,000.00) per calendar day of delay will be deducted from the monies due
Contractor for the work,and such sums shall be reasonable liquidated damages due
to the impracticability orimpossibility of ascertaining the actual damages.
1.23 PERMITS
A. Contractor shall be responsible for obtaining all necessary permits.
1.24 MATERIALS TESTING
A. Owner will be responsible for providing or contracting for inspection services and
materials testing, all in accordance with Texas Local Government Code
§271.116(c)and any other applicable statutes.
1.25 WAGE SCALE
A. In accordance with V.T.C.A.,Government Code,Title 10,§2258"Prevailing Wage
Rates," the general prevailing wage rate has been determined for this locality for
the craft or type of worker needed to execute work of a similar character to the
project listed herein. Contractor shall pay the prevailing wage rate in this locality
to all employees and subcontractors performing work on this project, and in no
event shall Contractor pay less than the rate shown in the following schedule:
Except for work on legal holidays,the"General Prevailing Rate of Per Diem Wage"
for the various crafts or type of workers or mechanics is the product of(a) the
number of hours worked per day, except for overtime hours, times (b) the above
respective rate per hour.
S. For legal holidays,the"General Prevailing Rate of Per Diem Wage"for the various
crafts or type of workers or mechanics is the product of(a)one and one-half times
the above respective rate per hour, times (b) the number of hours worked on the
legal holiday.
C. For overtime work,the"General Prevailing Rate of Per Diem Wage"for the various
crafts or type of workers or mechanics is the product of(a)one and one-half times
the above respective rate per hour, times (b) the number of hours worked on
overtime.
D. Under the provisions of V.T.C.A., Government Code, Title 10, §2258 "Prevailing
Wage Rates,"Contractor or subcontractor of Contractor shall forfeit as a penalty to
the entity on whose behalf the contract is made or awarded, the sum of Sixty and
No/100 Dollars($60.00) for each calendar day, or portion thereof, that the worker
is paid less than the wage rates stipulated in the contract.
E. If the construction project involves the expenditure of federal funds in excess of
Two Thousand and No/100 Dollars ($2,000.00), then the minimum wages to be
paid various classes of laborers and mechanics will be based upon the wages that
will be determined by the Secretary of Labor to be prevailing for the corresponding
classes of laborers and mechanics employed on the project of a character similar to
the contract work.
1.26 MISCELLANEOUS PROVISIONS
A. Any quantities given in any portion of the contract documents, including the plans,
are estimates only, and the actual amount of work required may differ somewhat
from the estimates. The basis for payment shall be the actual amount of work done
and/or material furnished.
B, Contractor shall not commence work until she;'he has furnished certification of all
insurance required and such has been approved by the City of Round Rock, nor
shall Contractor allow any subcontractor to commence work on her 11 his subcontract
until proof of all similar insurance that is required of the Subcontractor has been
furnished and approved. The certificate of insurance for included in the
contract documents must be used by Contractor's insurer to furnish proof of
insurance.
C. Proposals shall be submitted on a separated contract basis. No Texas sales tax shall
be included in the prices proposed for materials consumed or incorporated into the
finished product under this contract. This contract is issued by an organization that
is qualified for exemption pursuant to the provisions of§15 1.309(5) of the Texas
Tax Code. The City of Round Rock will issue an exemption certificate to
Contractor. Contractor must then issue a resale certificate to the material supplier
for materials purchased. Contractor must have a valid sales tax permit in order to
issue a resale certificate.
In obtaining consumable materials, Contractor will issue a resale certificate in lieu
of payment of sales tax, and the following conditions shall be observed:
I The contract will transfer title of consumable,but not incorporate,materials
to the City at the time and point of receipt by Contractor;
2. Contractor will be paid for these consumable materials by the City of Round
Rock as soon as is practicable. Payment will not be made directly, but
considered subsidiary to the pertinent item. Contractor's monthly estimate
will state that the estimate includes consurnables that were received during
the month covered by the estimate; and
3. The designated representative of the City of Round Rock must be notified
as soon as possible of the receipt of these materials so that an inspection can
be made by the City's representative. Where possible,the materials will be
labeled as the property of the City of Round Rock.
D. If Proposer's insurance company is authorized, pursuant to its agreement with
Proposer, to arrange for the replacement of a loss rather than by making a cash
payment directly tote City of Round Rock, the insurance company must furnish
or have furnished by Proposer a Performance and in accordance with
§2253.021(b), Texas Government Code, and a Payment on in accordance with
§2253. 21(c), Texas Government Code.
Format of Submitted Proposal
Cover Sheet
Tab A. Proposal Form
Tab B. Questionnaire
1. Basic information
2. Organization
3. Experience for Contractor and Each Main Subcontractor
Tab 3.1) Insert Five Past Project List for Contractor
Tab 3.2) Insert Past Project List for Subcontractors
Tab 3.3) Insert Claims and Suits Explanation
4. Proposed Personnel
Tab 4.1) Insert Coating Manufacturer Statement
Tab 4.2) Insert Team Projects Resumes
Tab 4.3) Insert List of Prior Team's Projects Together
5. Plan, Schedule and Quality Control
Tab 5.1)Provide Containment Drawing
Tab 5.2) Provide Preliminary Schedule
Tab 5.3) Provide Contingency Plan
Tab C.Questionnaire Signature/Acknowledgment
Tab D. Bid Bond
Tab E. Statement of Bidder Safety Experience
EXHIBIT "'A"
FORM 1295 INSTRUCTIONS
Pursuant to Section 2252.90 of the Texas Government Code,as of January 1, 2016,any business entity entering
into a contract with a local government that requires approval of the governing body must submit a disclosure of
interested parties(Form 1295)to the local governmental prior to the execution of the contract.The Texas Ethics
Commission (TEC) has created an electronic filing application for business entities to submit the required
information and generate the required form. The City of Round Rock may not enter into a contract that
requires the approval oft a City Council until the business entity files a Form 1295 with the City Clerk,
Please follow the instructions below to file your Form 1295 with the TEC and the City of Round Rock:
• Upon being notified of a bid award,the award recipient("business entity")must go to the following website:
ww.ethics.'s
and follow the login instructions on the website application to
cornpletc a Form 1295.
✓ If this is a business entity's first time logging on to the wcbsitc application,the business entity must
create a Username and Password and then follow the application's instructions to complete a Form 1295.
V The City does not have a Contract ID Number System.Please insert 000000 and the project name in this
box, Do not put the resolution number of the initial agreement if this is a supplemental agreement®only
put the project name.
✓ Even if a business entity has no interested parties,Forrn 1295 still must be completed using the wcbsitc
application and filed with the City Clerk.Please note that therearefew instances that a business will
not have arty interested parties. Visit the [EC'ls F24Xq for the definition of an interested party.
✓ If a business is publicly traded,they are exempt from having to complete a Form 1295, Please c-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
5/"W�i,is,�,,�i�-r,g,p,,nd!Nk!gA45,,goy,as soon as it is completed. DO NOT send the lonri back to the Purchasing
Department,Project Manager,or mail it with signed original agrccmcnms contracts.
✓ The City Clerk only has 30 days from receipt to acknowledge the form in the TEC system. If you do not
return it to the City Clerk promptly,and the 30 days has expired when she receives it, you WILL have to
complete another one.
• A new Form 1295 must be done for each contract a business entity enters into with the City,including
Supplemcnials,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: swhitc a '111.1n
kto as,&.t!,
If you have questions regarding the actual form or the online filing application,please visit the TEC's FAQ
page: b
g,l1,2
a, 'WZF,�, 47_b5J*v
Revised&2020
00150 QUESTIONNAIRE
Ci!y of Round Rock,Texa-s
Questionnaire: Section 00150
Request for Competitive Sealed Proposals
for Construction Services
Round Rock,Texas 79664
2EK�ESTIONNAIRE
Please provide the following information in the same sequence and in the same format contained
herein.This form may be retyped at the proposer's option.Supplemental materials providing
additional information in response to any question may be attached(and must be numbered to
correspond to the number of the question),but the information requested below is to be provided
in this format.
® Basic Information:
Ll Name of organization:
1.2 Address of principal office: Y;,25 OanClefllt-
Xerrvs )leo 7X 790--X7
1.3 Telephone number and facsimile number of principal office:
1.4 Form of business organization(e.g., corporation,partnership,joint venture):
1.5 Year founded:
/1'97
1.6 Individual named as primary contact(including telephone number if not at principal
office):
2. Organization:
2.1 How any years has your organization been in business in construction in its current
capacity? 33
2.2 How many years has your organization been in business under its present name?
C33
2.3 Under what other former names has your organization ever operated?
a I i'l
2A If your organization is a corporation,answer the following: (a)date and state of
incorporation,and(b)names and titles of all corporate officers.
2.5 If your organization is a partnership,answer the following: (a)date of organization; (b)
type of partnership(if applicable); and(c)the names of all general partner(s).
/V,'C k rrtOL A,let 4!
16 If your organization is individually owned,answer the following: (a)date of
organization-, and(b)name of owner.
2.7 If the form of your organization is other than those listed above: (a)describe it; and(b)
name the appropriate owners,officers,principals,etc.
18 Is your organization authorized to do business in Texas?
'ye-5
3t xperience:
3.1 Work Over Past Five Years: Attach a list of five(5)elevated storage tanks for potable
water service that have been rehabilitated within the last five years. For each such project
provide:
(a) the name,and for ® constructed;
(b) location;
(c) project description;
(d) construction procurement method(e,g.,competitive bid);
(e) nature of your services(e.g.,general contractor);
(0 contract amount;
(g) to size in millions of gallons(mg);
(h) original construction budget and actual cost of construction at completion.
Describe difference if necessary.
(i) start date,completion date, and original construction schedule duration
6) name of owner,including contact person and contact information
(k) name of project engineer and inspector.
(1) name of contractor's project manager and superintendent
3,2 or Over Past Five Years for Subcontractors: Attach a list of major projects related to
this project constructed by your major subcontractors(if applicable)over the preceding
five-year period including the design engineer subconsultant if design work will not be
completed in-house. For each such project provide:
(a) the name,and for whom constructed;
(b) location;
(c) general nature;
(d) construction procurement method(e.g.,competitive bid);
(e) nature of your services(e.g.,general contractor);
(f) contract amount;
(g) size in millions of gallons(mg);
(h) original construction budget and actual cost of construction at completion.
Describe difference if necessary.
(i) start date,completion date,and original construction schedule duration
6) name of owner,including contact person and contact information
(k) name of project engineer and inspector.
(1) name of contractor's project manager and superintendent
3.3 List the categories of work that your organization normally performs with its own forces.
On this project,do you propose to do any or with your own forces?if so,please
describe what work you plan to self-perform. PA-si�nj 4""4 At. J
3.4 List any subcontractors in which your organization has some ownership and list the
categories of work those subcontractors normally perform.
3.5C aims_and Suits: If the answer to any of the questions in this Paragraph 3.5 below is
L
"yes",please attach full details.
3.5.1 Has your organization ever failed to complete any or awarded to it? (Your
answer tothis question 3.5.1 must include any matters involving your
organization and its officers or principals intheir current or any past positions) NO
3.5.2 Are there any pending or outstanding judgements? NO
3.5.3 Are there any pending or outstanding claims? 40
3.5.4 Are there any pending or outstanding arbitration proceedings? X0
3.5.5 Are there any pending or outstanding lawsuits? )q D
3. it in the preceding five years,has your organization filed any lawsuits or
requested arbitration with regard to any construction contract? N D
3.5.7 Within the preceding five years,has any officer or principal of your organization
ever been an officer or principal of another organization when it failed to
complete a construction contract? NO
3.6 Describe your firm's job site safety program for this project and specific safety policies in
is each employee must be in compliance.
4. Proposed Personnel for this Project:
4.1 Provide a written statement by the coating manufacturer stating that the contractor or
paint subcontractor is familiar with the materials specified and has workers capable of
performing the work specified in the project.
41 Personnel: Identify the specific Project Mane gcr(s), Job Site Superintendent(s)and Crews
who would or on this project. If any of these individuals will not be assigned on a full
time basis tothis project, identify those individuals and describe their other
responsibilities.Attach a resume with their city of residence listed and list of references
with one numbers,for each individual identified. The identified Project Manager(s)
and Job Site Superintendent(s)shall be assigned tote project through final completion
oft e project. m4uckAl"
4.3 Has this team worked together on previous projects, list the projects? Were the projects
successful? Ye 5
5. Plan,Schedule and Quality Control Program
5.1 Provide a preliminary or final containment drawing(if being utilized)or plan with a
detailed method of containing the exterior work.
A ttli.6 hCA."
5,2 Provide a preliminary schedule that meets the City's needs and timeline for the
completion date based on the 120 ay subsiant' I cmpletion contract.
53 Provide a valid contingency plan if delays occur and the ability to execute the an.
5.4 Has your organization been assessed any liquidated damages or other damages for delay
on any project during the last five years?If answer is yes,identify project and provide
details. 140
5.5 Has your organization met the project schedule fora project contracted with the City of
Round Rock past? �es
5.6 Describe your quality control program, Explain the methods used to ensure quality
control during the construction phase of the project.
5.7 Describe how your quality control team will measure the quality of construction
performed by Subcontractors on this project,and how will you address non-conforming
work. f4'L E V,&P
By execution hereof the undersigned warrants and represents that the foregoing answers to this
Questionnaire are true and correct.
--.e —
Signature o se�r
-ALk-6 ..-
Printed Name of Proposer
Title
..........................
Name of Finn
I;P,534/17
Address of Firm
Telephone Number of Firm
Facsimile Number of Firm
Acknowledgement
The State of Texas
County of__Ajcf—r )
SUBSCRIBED AND SWORN TO BEFORE ME on this_&t day of the month of
2021,m! ecapacity and»r! e purpos«! k k .
otary Public,State of Texas
DAVM PULTS
Evkw tbah I,
Y Commission xpires:
00200 BID BOND
BID BOND
KNOW ALL MEN BY THESE PRESENTS,that we M.—G—Paintinq LP as principal, hereinafter ll d the 4Pdnclp "
and SURETEC INSURANCE fit,2103 unity est Boulevard,suite 1300,Houston,TX 77042. as surety,
hereinafter called the"Surety,"are held and flrmly bound unto gtL2LRgMflqB0k as obligee, hereinafter rolled
the Obligee,in the sum of Five,Percent(5%)of the Amount laid by Principal for the;payment of which sum well
and truly to be made,the said(principal and the said Surety, blvd ourselves,our heirs,executors, dmini tr for ,
successors and assigns,jointly and severally,fiffirily by these presents.
WHEREAS,the principal has submitted a bid for �uttre 61 nu site l ted�ario�pt h Vll ti[rn.
THEREFORE,If the contract be timely awardedto the Principal and the Principal shall within such time as
specified in the bid,enter into a contract in writing or, in the event of the failuref the Principal to enter into such
Contract®if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the
amount specified in said bid and such larger amount for which the Obfigee may in good faith contract with another
party to perflonm the word covered by said bid„then this obligation shall be null and void,otherwise to remain in full
force and eflecL
PROVIDED,HOWEVER. neither Principal nor Surety shall be bound hereunder unless Obligee prior to execution
of the fnal contract shall furnish evidence of financing in a manner and form acceptable to Principal and SuretY that
financing Ihas been firmly committed to cover the entire cost of the projecL
SIGNED,seat/ and dated this 16th day of rest,2021.
1�, , Paiintin Lp
(principal)
I6 :
T'TL
SuireTec Ins n
BY: UaIE�_u„
Kristina Malthijetz , ttorney-in-pact
Bid lBond n.un b, j t.d rev 1.'r0
POAN' 4221008
SureTee Insurance Company
Ln=D POWER OF ATTORNEY
Know Afl Men by These Presents, Mat SURETEC INSMANCE COMPANY (the "Company'), a corporation duly organized and
rxisting under the laws of the State of Texas pnd having its principal office in Houston, Harris County, TeX44,does by these presents
make,constitute-and-appoint Michael T.Slageler,Teresa S.Muniz,Kristine Matthijetz,Theresa M.Krause
its true and lawful Attornoy4n-flict,with full power d'buthiority hereby conferred in its 11 e,place and stead,to execint k,acknowle*
and deliver any and all bonds,recognizances,'undertakings oro ksnuWeatt of contracts of suretyship to include wiivers to the
y
conditions of contracts :and consents of suret fot,providing the bond penalty doet not eXc6ed
Ton Million and 001ID0 Dollars($10,000,000.00)
and to bind the Company thereby as fully and to the same extent as if such bond were signed by the Presiden% .ealed with the corporate
=a[of the Company and duly attested bl its Secrekey,hereby ratifying and confirrding all that the said Attomay-iii-Fedt may do in the
premiseL Said appointment it made and and by authority of tht fbIlowirig resolutions of the Board of Directors of the SureTec
Insurance company-
are it Resolved, that the President any Vice-president,any Assistant Vice-Presidetu.my Secretary or my Assistant Secretary sheik be and is
hereby vested with fidi power sad authority to appoint any one or more suitable persont as Anomay(s)4ii-Fict to represent and act for and on
behalf'of thrCompany subject to the followingprevislens:
Atforney-in-Faw may ben givem fail power and authority for and in the name.of and of behalf of the company,to execute.acknowledge and
deliver,any and all bonds;moognizances.contrac%agreements or indemnity and other oonditional or obligatory un `nand eny and all
notices andIng documents canceH 's liabilin
ty themilor, y and nasuch ifistruments SO execiged by any Mich
or terminating the Company
Attomey-in-Faa shelf binding upon the Company as ifsigned by theTreside nt and saided and effected by the Corpomte Secretary.
Be it Resolved that the signature of any authorized officer and seal-offfic company heretofore or hereafter affixed to any power of attorney or
may certificate-relating t by fats` "le,and-my power ofettorney or cer0cate hearing famindit signature or facsimile seal shall be valid
and binding upon the company with ftspect to any bond or undertaking to which ft. aftech6& (Adqpte4 ai a meeting lield on 20*qfApr4
1999.)
,rn fthms R%ereof,SURETEC INSURANCE COMPANY has caused these presents to be signed by ftp President and its corporate seal
to be hereto affixed this im day of Am A-M 2= , 9URETKC INSURANCE COMPANY
By: a 111ill
Wis eel C_Kelimig,President
>
C
X X
State ofTexas
county ofHarris
on this imh dqy of i— A.D,2= before me personally came Michael C.Kelmi&-to me known,who. in by me duly swort:,did depose and say,
at he resides in Houston.Texas,that he is Presidard of SURETEC ZN&URANCE COWANy.the oQuipavy described in and which oxecutod the above.
instrument;that"ho knows the seal of said Compau)r,thin the seal affixed to said instrument 1such cOrP012te scAp that it was W afflxed by order ofthe
�Pl
Board ofDircctors ofsaid Company-,and that he signed his name therem by 11ke order.
TANYA SNEED
N*q Pow so of 111am
Tanya
n�
CoM Whis Tanya Svweed�No Publi c
is
N"y ID 12MV1121111 Mycomirdssionexp esMarch3l),2023
L M.BrentBeely,Assitstant Secretary ofSURETEC INSURANCE COMPANY,do hereby certify do(he above and foregoing is a true and correct copy
oft Power ofAttomey.execute&by said Company,which Is sti,11 in full force andaffect;and furthermore,the resolutions of the Boisrd ofDirWori W
out in The Power ofAttorrity are in full force and offem
Given under my hand and the seal of said 6ompany at Houston,Texas this—day of A.D.
'my u'
RXZ Iles
NL Brept Beaty,Ass1 tM
Any in meat Issued in excess of the penalty stated above 19-totally void and out any validity. 4221008
owe
For varitication of the authority of this: r you may call(713)81 M800 any business day h.etween 8.30 am and 600 OM T.
00300 PROPOSAL FORM
Request for Competitive Scaled Proposals
for Construction Services
PROPOSAL FORM
PROJECT NAME: SOUTH 81 COMPOSITE ELEVATED TANK REHABILIATION
PROJECT LOCATION: Round Rock,Texas
PROJECT OWNER: City of Round Rock,Texas
DATE: 4
PROPOSER: Finn Name:
to
--- �
Principal Office Address:
Telephone Number:
Facsimile Number:
Primary Contact Name:—AL
Primary Contact Title:
ADDENDA ACKNOWLEDGMENT:
'Me undersigned Proposer acknowledges receipt of the following addenda:
Addendum No. I dated Date Received ...JL7
Addendum No. 2 dated Date Received
Addendum No. 3 dated Date Received
Addendum No.4 dated Date Received
NO MODIFICATI )NS.ADD )NS DELETIONS OR ATTACHMENTS SHALL BE
THIS PROPOSAL FO ROPOSER
REPRESENTS THAT A ERVICES
ASSOCIATED WITH THE S
S
OF THE
PROPOSED CNONTRACT. ME N CT
DOCUMENTS ON WHICH THIS PROPOSAL IS BASED,
CONTRACTOR PROPOSES:
In response tate Request for Competitive Sealed Proposals for Construction Services for the
execution of the work described by the contract documents for the above-described project, and having
examined the site where the work is toe performed,and being familiar with local conditions as they might
in any way affect the cost and/or time for execution of the work,and having carefully examined all oft e
contract documents and addenda thereto, the undersigned Proposer agrees to perform all of the work,to
provide all services,t®furnish all necessary superintendence,labor,machinery,equipment,tools,materials,
insurance and miscellaneous items,including transportation and other facilities as may be required for the
complete and satisfactory and timely execution of the work for which this proposal is submitted,as provided
by the attached supplemental specifications and as shown on the plans forte construction of the project,
all for the ®s consideration stated as follows:
The award of the contract will be based on the Proposer offering the best value,and not necessarily to the
Proposer offering the lowest price. A Proposal will be evaluated based on the criteria set forth in Section
00 100—Instructions to Proposers.
Itemized Bid or at the end of Section 300 to be filled out and included with the proposal.
TOTAL PROPOSED CONTRACT SUM:
Dollars
VOLUNTARY ALTERNATE SUM:(Attack description on separate sheet if needed)
Dollars(�_
The undersigned Proposer agrees to commence work within to (10)days after the date of written
"Notice to Proceed." The undersigned Proposer further agrees to complete the work to substantial
completion within 120 calendar days and in full within 130 calendar days after the date of the written
"Notice to Proceed,"subject to any extensions of time allowed by the contract documents,and in phases
as indicated on the drawings. The undersigned Proposer and the Ownera ee that for each and every
calendar day on which the work,or any portion thereof,remains incomplete after the stated calendar ay
period,the Proposer shall pay the amount of One Thousand Dollars($1,000)per calendar day as
liquidated damages,not as a penalty but for delay damages to the Owner. Such amount shall be deducted
byte Owner from any payment due to the Proposer.
'Me undersigned Proposer agrees that this proposal shall be good for and may not be withdrawn
for a period of ninety(90)calendar days after closing deadline for receiving proposals.
The undersigned Proposer agrees,if notified oft a acceptance oft is proposal within ninety(90)
days oft e time set for opening of proposals,to execute and deliver to the Owner within five(5)days from
the date of such notification the required construction contract, a performance on and a payment bond
for the total amount of the construction agreement, and a certificate of insurance,all as stipulated inthe
contract documents.
The undersigned Proposer agrees to attach to this proposal a certified check, cashier's check or
proposal bond inthe amount of five percent(51/6)of the total proposed contract sum. Also accompanying
this proposal is all information required in the"Instruction to Proposers."
It is understood and agreed by and between the parties that the proposal security accompanying this
proposal will be returned to the Proposer,except in the following instance: in the event of acceptance of
this proposal,if the Proposer fails to execute the required construction agreement and deliver the required
performance and payment bonds within five (5) days after acceptance, then the proposal security shall
become the property of the Owner and shall be considered as liquidated damages forte delay and other
inconveniences suffered by the Owner because of such failure of the Proposer.
The undersigned Proposer acknowledges that the Owner reserves the right to reject any and/or all
proposals covered in this Request for Competitive Sealed Proposals and that the Owner has the right to
waive any informalities and/or defects in proposals or to accept such proposals as itshall deem to bei the
best interests of the Owner.
In submitting this proposal, the Proposer represents that no person or company other than the
Proposer listed below or otherwise indicated hereinafter has any interest whatsoever in this proposal or the
construction agreement that may be entered into as a result hereof.
The undersigned Proposer certifies that the proposed contract sum and all prices contained inthis
proposal have been carefully checked and are submitted as correct and final. The undersigned Proposer
further certifies that the unit prices have been shown in words and figures for each its listed in this
proposal;and it is understood and agreed that,in the event of a discrepancy,the words shall govern.
The undersigned Proposer affirms that she/he/they are duly authorized to execute this proposal,and
that this company, corporation, firm, partnership, and/or individual has not prepared this proposal in
collusion with any other Proposer. The undersigned Proposer affirms that the content oft is proposal as to
prices, terms, and conditions has not been communicated by the undersigned nor by any agents or
employees of the undersigned to any other person engaged in this type of business, prior to the official
public opening oft is proposal.
This Proposal Form shall be signed by the Proposer as follows:
J. Sole Proprietorship: Signature of sole proprietor in the presence of a notary public who Will also
sign and affix sea], printed name, and printed title (if any). Insert the printed words "Sole
Proprictor"under the signature.
K. Partnership or Joint Venture-Signature of all partners or joint venturers in the presence of a notary
public who will also sign and affix seal,printed name,and printed title(if any). Insert the printed
words"Partner"or"Joint Venturer"under each signature.
L. Corporation: Signature of duly authorized signing officers,printed names,and printed titles. Under
each such signature,insert the capacity in which the signing officer acts. Affix the corporate seal.
Signature Pro
Printed Name of Proposer
Title
_ __ t ........_a_w._.______.
Name of Fin--n
ddress of Firm
Telephone Number of Firm
.m.m. m_ ...m.
Facsimile Number of,„Firm
[Corporate Seal,if a corporation]
ACKNOWLEDGMENT
THE STATE OF TEXAS
COUNTYOF el
SUBSCRJBED AND SWORN TO BEFORE ME on this the 4&!—day of the month of
-411 2021,in the capacity and for the purposes indicated.
�smsa® DMMPULTS Notary Public,State of Texas
SVW Voch 1,20
My Commission Expires: [ _
BID FORM
PROJECT NAME: South 81 Composite Elevated Tank Rehabilitation
PROJECT LOCATION: Round Rock, Texas
OWNER: City of Round Rock, Texas
DATE: August 24, 2021
Gentlemen:
Pursuant to the foregoing Notice to Bidders and Instructions to Bidders, the undersigned bidder
hereby proposes to do all the Work, to furrush all necessary superintendence, labor, machinery,equipment,
tools, materials, insurance and miscellaneous items, to complete all the Work on is he bids as
provided by the attached Bid Documents, and as shown on the plans for the construction of
South 8.1....g2mposis Elevated Tank Rehabilitation
and binds himself on acceptance of this bid to execute the Agreement and bond for completing said Work
within the time stated, forte following prices,to wit-
Any addenda issued will be posted with the Project Manual and/or Contract Documents on the
City's website or www.civcastusa.com by the close of business on
August 20,2021 Prior to submitting a bid, the bidder is responsible for determining if any
addenda have been issued and for following any instructions in any addenda issued.
Bidder acknowledges receipt of the following Addenda by listing Addendum"number"and"date".
BASE BID
Bid Approx. Item Description
Item Quantit Unit and Written Unit Price Unit Price Amount
L.& Furnish all materials,equipment,
labor,superintendence and
incidental work to clean, spot
prime and coat with Containment
the Exterior Oft a existing
1,250,000-gallon CET,all
appendages,etc., as indicated on
the drawings and specifications
Part
® and Part 3.07 except
where specifically covered by
other bid items. See Description
of Bid Items Part 3.12.
complete in place per SPEC
forS ollars
c
and cents,
00300-9-2015 Page 1 of 6 Bid Form
BASE BID
Bid Approx. item Description Unit Price Amount
Item _Quantit Unit and Written Unit Price
21 L.S. Furnish all materials,equipment,
labor,superintendence and
incidental work to of blast for
inspection and identification of
repairs,abrasive blast clean,
prime,stripe coat and coat with
Dehumidification and Dust
Collection on the Interior Wet,
Interior Dry and Mechanical
Piping Surfaces oft a existing
1,250,000-gallon CET, all
appendages, ladder,vent,hatch,
weir box,etc., as indicated on the
drawings and specifications Part
® 'C,D,Part 3.06 and Part
3.07 except where specifically
covered by other bid items. See
Description of Bid items Part
3.12.
complete in place per a—PEC
for' rAdollaand rs
cents.
00300-9-2015 Page 2 of 6 Bid Fonn
BASE BID
Bid Approx. Item Description
Item Quantit Unit and Written Unit Price Unit Price Amount
3 1 Turmsh all materials,equirat,
labor,superintendence and
incidental work to Dehumidify
the interior of the existing
1,250,000-gallon CET,during the
interior wet surface preparation
and coating, including hoses,
filters,etc., as indicated on the
drawings and specifications Part
3.06,except where specifically
covered by other bid items. See
Description of Bid Items Part
3.12.
complete in place per SPEC
for dollars
and cents.
4 40 MH Fumish all materials, equipment,
labor,superintendence and
incidental Or to perform
General Repairs;grinding,
welding and general ®r to
repair corrosion related surfaces,
as indicated on the drawings and
specifications Part 3.02.A.1,
except where specifically covered
by other bid items, See
Description of Bid Items Part
3.12.
complete in place per SPEC
f
o 4 k.2 dollars r 11 Ad i
a y cents. 1oL.W-- -qa)D
00300-9-2015 Page 3 of 6 Bid Form
BAEE BID
Bid Approx. Item Description Unit Price Amount
Item _guantit Unit and Written Unit Price
5 2 Mr— Furnish all materials,equit,
Gallon labor, superintendence and
incidental work to perform Seam
Sealing and or Epoxy Surfacing
work to seams and pitted areas as
deemed necessary,as indicated on
the drawings and specifications
Part 3.02.A.2,except where
specifically covered by other bid
items. See Description of Bid
Items Part 3.12.
complete in place per SPEC
for Nj dollars
and cents.
6 1 L.S. Fush all materials,equipment,
labor, superintendence and
incidental work to remove
existing and install arae Safety
Climb to all ladders. Re-position
the cable/conduit obstructing the
ladder railing on the interior dry
portion oft a tank as needed to
allow 3" of clearance as required
by OSHA, as indicated on the
drawings and specifications Part
3.02.B,except where specifically
covered by other bid items. See
Description of Bid Items Part
3.12.
complete in place per SPEC
for c,g ollars
and cents.
00300-9-2015 Page 4 of 6 Bid Forrn
BALE BID
® Approx. Item Description
it PricUnit Price Amount
Item -2uantUnit and Written Unit e
7 500 &F. Furnish all materials,equipment,
labor, superintendence and
incidental work to perform Epoxy
Application above and beyond
the spot repairs required in bid
item#I to approximately 500
sq./ft. areas on the Exterior
deemed necessary prior to
applying the remaining over-coat
system specified, in Part 2.04.A ,
as indicated on the drawings and
specifications,except where
specifically covered by other bid
items. See Description of Bid
Items Part 3.12.
complete in place per—SPEC
for kin dollars
and An cents.
8 L.S. Furnish all materials,equipment,
labor, superintendence and
incidental work to install the City
Logo in color on the exterior at
location to be determined by the
City, including paint,template,
graphic design,etc,, as indicated
on the drawings and specifications
Part 2.04.A,except where
specifically covered by other bid
items.
complete in place per—SPEC
for dollars
and cents.
00300-9-2015 Page 5 of 6 Bid Fonn
TOTAL BASE BID(Items I thru 8 )— 0�0
Materials: qpL,
All Other Charges: a&, .1
Total: :iu�L
Note: This total must be the same amount as shown above for"Total Base Bid"
If this bid is accepted, the undersigned agrees to execute the Agreement and provide necessary bonds and
insurance certification as per the Instructions to Bidders.
The undersigned certifies that the bid prices contained in the bid have been carefully checked and are
submitted as correct and final. The Owner reserves the right to reject any or all bids and may waive any
informalitics or technicalities.
Respectfully Submitted,
IT!V
Sign
Print Name Address
Title Telephone
A)
at of Firm
—L2-0-L r
ate Secretary,if Bidder is a
D
Corporation
00300-9-2015 Page 6 of 6 Bid Form
00410 STATEMENT OF BIDDER'S SAFETY
EXPERIENCE
Page 1
004 0 9-2094 statelifficillit of,Bidder,s safq° FlAperience
00090654
on R e en nlraF 8.cCondition onra
S 00
Te s ecotioCn 4 ICO
C' �
'B" e tyoExperien
i i i t of uir r S S IS C
Statemen Bidde afe
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 or any willful safety violations in the past three
years, and has a lost time injury rate that doesn't exceed the limits established belowo All
questions must be answered and data given must be clear and comprehensive. If necessary,
questions may be answered on separate attached sheets.
A (A
Company Name: i
Phone:
Address:
Completed by: A Date:
—, 64,.&A&x-_h-644_L_
1. Does the company have a written construction Safety program? Dyes No
2. Does the company conduct construction safety inspections? 2Yes No
3. Does the company have an active construction safety-training program? Ejfes No
4. Has the company been fined by OSHA for any willful safety violations in the past []Yes EKO
three years?
5. Does the company have a lost time injury rate of 7.8 for SIC 159 or 7.6 for SIC 169 es o
or less over the past three years?
Attach the company's OSHA 200/300 logs forte past three years.
6. Oeste company or affected subcontractors have competent persons inthe
following Areas?
A. Scaffolding DVes []No D N/A
B. Excavation []Yes ONo [2fN/A
C. Cranes Myes []No [I N/A
D. Electrical 0 Yes []No 2N/A
E Fall Protection 01yes DNo N/A
F. Confined Spaces E31es [:]No N/A
I hereby certify that the above information is true and correct.
Signature Title
eel
004108-2014 Statement of Bidder's Safety Experience
00090654
Attention:This form cortbant Information relating
to aeon health and MUM be used in a mare Year
OSHA!s Form 300 (Rev.oinw) that"acIa.the cwff4@n%*W of orrijAkrpm to the
2020
® mr 101 rme inftmalon poses U.S.Department of Labor
Log of Work-Related 9 Wey and Health Admin ton
Y � bdo�7� 09 . `tY elat Faun approved
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Noy and Meata IncelamraW(OSHA Faffn 3011 al g or Onessrommiedon H �
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e
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Y Mdus (0,9.,MODWIMIUre of MOW tNck )
"fatal number of Total mrmber of Total number of Total nunftr of I I
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Afteintleas dais fore contains infoTriation relating to
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possible Mile t h' ion i being used for
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Log of Work,-Related Ili cupwti safety and health pur e&
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OSHA's Form 300, (Rei.OU2004) Year 20L 1 0
M&Dwsautripw*of Labw
Summary of Work-Related Injuries and Illnesses
i -V .� a P S_ r,�-&r- tii[h:'s - F ��5 d sus .: Wed�n s of`;. W per. $�
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} �ad-ITYd rsph ;rs.,dna-ra—V-f
Total number of TbW number of Tof23 number of Tout number of i
sl;rat %Nnth days th sob other recordable
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(G) (H) (() Q sip.
North Amman IndumW CUmfication(NAILS),iflaKwu(e.g.,3362€
notal aaum r of 3o sunk€ofd of job I °d h ���z, a�
from work transfer or restriction
° Knewhoy falsibing &cunsevit may resselt Ln at et
Total number of... �
(11 Injuries 44)Poisonings
I eer-dfy r��aa€€€am exua€tte3 ¢atsetrt and 4 w the best ofmv
(5)He `rag loss knvMgdKC the are tFU
(2)Skin disorders (6)All other illnesses 1
(3)Respiratory conditions � �• �
1 to ApWR
SK 'o - I.ti- ! k5 i
Afteintleas dais fore contains infoTriation relating to
(Rev. 1; a pl heap d:gust used in a manner the'
)SHA'S Form 300 DFatects the confidentiality of ernployaes employ- to the extemst ' Year
possible Mile t h' ion i being used for
Injuries
Log of Work,-Related Ili cupwti safety and health pur e&
W IKW mcwd SWA emq wM-Wared deaM,-d--10"—*—W-9,Y-Of OF Mess ftf hivow Us of conwjousmwwMed w"acM*GrPb eansfw.
a Fmmf af3ea mpw 1" and MOMS Mft by of N . p�
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say *MS taraSMO case i# ,You awN caftwMIg an am-&Vi (#fj sq: d8Nb is PY J ssa chv wee
fibw WOO @N006w of
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OSHA's Form 300, (Rei.OU2004) Year 20L 1 0
M&Dwsautripw*of Labw
Summary of Work-Related Injuries and Illnesses
i -V .� a P S_ r,�-&r- tii[h:'s - F ��5 d sus .: Wed�n s of`;. W per. $�
to vel out+Xis des am Comieft aw 0=qara belbm corwivwqSLMM7
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had no cases.ae T._
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trw
City stave Z!P
} �ad-ITYd rsph ;rs.,dna-ra—V-f
Total number of TbW number of Tof23 number of Tout number of i
sl;rat %Nnth days th sob other recordable
tway ttr work nsfer OF TEStriCU0.1 Czes Stindard W '_� 'aar(SIL
(G) (H) (() Q sip.
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notal aaum r of 3o sunk€ofd of job I °d h ���z, a�
from work transfer or restriction
° Knewhoy falsibing &cunsevit may resselt Ln at et
Total number of... �
(11 Injuries 44)Poisonings
I eer-dfy r��aa€€€am exua€tte3 ¢atsetrt and 4 w the best ofmv
(5)He `rag loss knvMgdKC the are tFU
(2)Skin disorders (6)All other illnesses 1
(3)Respiratory conditions � �• �
1 to ApWR
SK 'o - I.ti- ! k5 i
OSHA
s (R., tza ) -y. kwmn a fa ins information totaling 4o
in thispa ars a ernpl� heM and f in a rtta t
Log of Work-Related POF d v into Me i€raet ���s rt !Hyf r# �sat Year 20 18
own move y using tiro PDF R r,in ids possible is ! l� rog for iia
Injuries and Illnesses the fams am prograffirnad to autD-Calcutide an P` a!safe
�1®� F sem.W 6T&
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.aq�seF s�tw a t e kmawdaw ¢.
to ct,Kerrville
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r (Rev. 1209 ) Made.
u lar this ndog ga an, sAwritilble, Year
POf documents,you can type Into Vas ftur form delda gnat UJIL t of
Summary of Work-Related Injuries and Illnesses
Men save your anIag the ban AdobePOF Reader, Labor
--� Ymm
-_-� CIS M..1218-0176
AN @sWitlishments covered by Pad 19(W must carrWhile Kris Summary pagoo miser if no -eructed€njudes eriilrrmessas occurred durfrrl;the}macre
Remember to nsWew Me Log to vefily Haat Me eaffies am compleft and acwrale befiste completing tits summary,
Using Log,count ft Pre al ararfas you made foreach °Th to totals below.rite sure a the armies
every page of Log.N find no � `t®�.@i
mp"iss,former employees,and dwre to` have Nae t4ht to rawow Me OSHA Form 3W is its andeft,They also have bmiled access
to tale OSHA Form 301 or its squivellint See 29 CFR part I M.35.in SHA's rocereauieping rate,for further detail an the access proWsloras for N, . ainfitl
Mew form& Street
1225 Bandera Hwy, Ste.
city KerrvilleState zip 28028
Total number of Total number of Rotel number ofrases Total number of
deaft cases with days vinthJobtrawforor other racmdable pti (eM d olraaror ftek trailers)
away from work remotion cases Industrial intro
0 0 0 0
(G} (it) (8) {d9
N01121 AmtTicea Wusuial Classification(NAI SA ei (e,&.336212)
e k
(f 'a haw th&ce figures, a the
Total number of days Total number of days of job
warktiheet on the ftwPav go iuraitmej
away from work transfer or restriction 2
ofcw4gayeas
0 ° Total bows watked by all amployces Im year 26500
JKl (`)
INKnowingly fatsl this dacumeat may mult in as moo.
Total number of.,. 1 certify ft I have exammed this docutrizat and that to ft but of
4 ) atsyl he ea lett.
(t)Injuries 0 tat fo° 0 c 1
(2)skier disorders 0 (3) Hearing lass 0 m
{3}Respiratory conditions 0 (6)All o illnesses 0 Veto
Post Ode Summmy pW hem Febriumy Y =lets
hm. of. M omw 59
N.G.Mullin&InC. Reddon No.5
Corporate Worker Safety and Health PrOVS-2 December 2006
2.0 "PLICABILITY/SCOPE
2.1 This program applies to all employees, all work places and work pwiects,and all
subcontractors under the direct control of N.G. Painting,Inc. Subcontractors must
provide all the manpower, supplies, equipmentp medical examinations and testing
necessary to comply with this program.
2.2 This program is used in conjunction with the current copy of the OSHA
Construction industry standards, 29 CFR 1926. 11& program addresses the
primary hazards associated with industrial maintenance and Cenunercial painting
operations. Each section of the, PfOgmal summarizes the major requirements of
OSHA pertaining to a particular subject area or work activity. Where appropriate,H
brief review of die important items to remember is provided within the section to
he the project supervisor or competent person understand the OSHA
requirements. If additional information is required or a particular subject is not
addressed,the OSHA standards should be referenced for more detail.
2.3 This program is adapted to meet site or project-specific needs using the 2Ppended
forms.
2.4 Implementation of this program is under the direct control of the competent person
or supervisor assigned to the project.
(D
1997 KTA-Tator,Inc. A2- 1,
N.G.Painting,Inc. Revision No.5
Co rate Worker Safety and Health Program December 2006
3.0 SAFETY AND HEALTH POLICY
3® N,G. Painting, Inc. provides a safe and healthy wmt environment for all its
employees and Subcontractor& To fulfill this commitment, N.G. Painting, Inc.
implements a progressive accident prevention Program, N-0- painting' Inc-
complies with all applicable OSHA standards and follows all generally accepted
safety and industrial hygiene practice&
®
Safety and productivity are mutually compatible and equal goals of N.G.Painti ,
ng
Inc. ne safety of employees or compliance with OSHA standards is not
compromised due to time or money restraints.
3.3 Every employee has the right to set work due to unsafe conditions,practices
or equipment,or if directed to perform work that violates the requirements of this
program or OSHA standards.
3.4 Management, at all levels, is responsible and accountable for implementing this
safety and health program. All employees and subcontractors Participate in this
program and comply with its requirements.
® N.G. Painting,Inc.provide's training to all employees and subcontractor employees
on the requirements of this program and provides training in the skills necessary to
perform work safely.
0 1997 KTA-Tator,Inc. A3,- 1
N.G.Painting,Inc. Revision No.5
corporate Worker Safety and Health Program December 2006
4.0 RESPONSIBILIMS
4,1 D
&j_t is tddmately responsible for the safety and health of all employees
of MQ Painting,Inc. To fulfill this responsibility,the President:
A. Commits the resources necessary to implement the safety and health
program effectively.
B. Ensures that all foremen Or"Supervigon" am capable of implementing the
program through
®n education and training.
C. Ensures that all supervisors are competent in the identification of existing
hazards and have the authority tat prompt corrective action to eliminate
them.
D. Ensures that all training, medical, inspection and accident records am
provided and maintained.
E. Arranges for periodic evaluation of this program at least annually.
4.2Su
Sladprs am responsible for the safety of their work crews and the arm they
work in. To fldfin this onsibility,they arc trained to;
A. Recognize and evaluate the hazards of all work activities during pre-job
planning.
B. Determine the means for controlling hazards, as required by this program
and OSHA standards.
C. Routinely inspect work areas and equipment for hazards and deficiencies
and take prompt action to eliminate them.
D. Routinely observe the actions of their or crows for unsafe or non-
compliant acts and take immediate action to prevent injury or illness and
comply with program requirements.
E. Conduct weekly safety meetings with their work clews,as educational and
training sessions,and maintain records of meeting topics and attendees.
F. Ensure that their workers are provided the proper tools, supplies, and
equipment nary for the job and ensure they are properly maintained.
G. Ensure that approved personal protective equipment is provided to all
affected employees, that Us equipment is properly inspected, maintained,
used,and that an affected employees am qualified to use this equipment,
H. Ensure that their workers we provided with the training necessary to Comply
with OSHA standards and to perform theirjobs safely.
@ 1997 KTA-Tator,Inc. A4- I
N.G.Painting,Inr— Revision No.5
-ty and Health Program December 2006
1. Conduct investigations of all accidents, injuries, illnesses, and near misses
to accurately determine the causes and actions necessary for preventing
future occun-ences.
i. Maintain an OSHA 300 to of all injuries and illnesses.
K. Comply with all sections of this program and all applicable OSHA
standards.
4.3 &MM&m oXee_ is responsible for cooperating with their supervisors to ensure
.gI
their own safitty,the safety of their fellow workers,and the areas they work in. To
fulfill this responsibility,they:
A. Comply with all rules, OSHA regulations, and procedures that We Part Of
this program.
B. Attend and participate in all required training and meetings.
C. Inspect all tools and equipment for defects and proper operation before use.
D. Use all tools and equipment in a safe manner consistent with manufacturers'
instructions.
* Consistently act in a safe manner, being constantly aware of their
surroundings, work conditions, equipment operation. and activities of
others.
* Immediately report all safety and health hazards to it supervisor.
G. Assist supervisors in accident investigations to ensure that unsafe acts and
conditions am identified and proper coffective measures am implemented.
4.4 N.C. Painting, Inc. provides a competent person to oversee each projecL The
competent person may be the site supervisor, foreman or project manager. The
competent person has complete responsibility and authority to implement the
portions of this safety and health program,which are applicable to the project. The
competent person reports directly to upper management.
At painting projects involvinq the removal of potentially hazardous materials, the
competent person is responsib e for,
AControlling access to the site and designating contaminated work zones,
B. Overseeing air monitoring and ensuring the minimizing of emissions to air4
water and soil.
C. Verifying that engineering controls are functioning properly.
0 1997 KTA-Tator,Inc. A4- 2
M.G.Painting,Inc. Revision No.5
Corporate Worker Safety and Health Program December 2006
D. Supervising employee exposure (air and biological) monitoring and
employee notification.
E. Ensuring:
• hazard communication training for all workers on-site.
• that workers have been issued and trained in the use of personal
protective equipment.
• that workers have training in the types of exposure control methods.
• that workers have been trained in the use of personal hygiene facilities.
• that workers have been trained in decontamination practices.
R Documenting compliance with this safety and health program by
completing forms appended to this progmm or any equivalent form which
provides similar information.
0 1997 KTA-Tator,Inc. A4-3,
00500 AGREEMENT
City of Round Rock,,Te s Contract Forms
Standard Form of Agreement: Section 00500
City of Round Rock, Texas
Standard Form of Agreement between
Owner and Contractor
AGREEMENT made as of the day of,J�...&074126( in the year 20?4
BETWEEN the Owner: City of Round Rock,Texas(hereafter"Owner"or"City")
221 East Main Street
Round Rock,Texas 78664
and the Contractor N.G.Painting,LP ("Contractor")
1225 Ban era Hwy.#A2
Kerrville,TX 78028
The Project is described as: a South SI Composite Elevated Tank Rehabilitation
The Engineer is: David Freireich,P.E.
...........................................................................................................................................................
.av of Round Rock
3400 Sunrise Road,Round Rock,TX 78665
.
........... .................
..7 1 2 7 5 6........................................................................
('1;12)6
..........................................................................
For and in consideration of the mutual terms, conditions and covenants of this Agreement and all
accompanying documents between Owner and Contractor, the receipt and sufficiency of which are hereby
acknowledged,Owner and Contractor agree as follows:
ARTICLE I THE CONTRACT DOCUMENTS
The Contract Documents consist of this Agreement,Conditions of the Contract(General,Supplementary and
other Conditions),Drawings,Specifications,Addenda issued prior to execution of this Agreement,other documents
listed in this Agreement and Modifications issued after execution of this Agreement;these form the Contract,and are
as fully a part of the Contract as if attached to this Agreement or repeated herein.The Contract represents the entire
and integrated agreement between the parties hereto and supersedes prior negotiations,representations or agreements,
either written or oral.An enumeration of the Contract Documents,other than Modifications,appears in Article 7.
ARTICLE 2 THE WORK OF THIS CONTRACT
Contractor shall fully execute the Work described in the Contract Documents,except to the extent specifically
indicated inthe Contract Documents to be the responsibility of others.
00500 4-2020 Pagel of Standard IFeorin of Agreement
004436k,47
ARTICLE 3 DATE OF COMMENCEMENT;DATE OF SUBSTANTIAL COMPLETION;DATE OF
ALC N
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 inthe Notice to Proceed.
313 Contractor shall commence or within ten (_LO calendar days
from the date delineated in the Notice to Proceed
3.4 Contractor shall achieve Substantial Completion of the items of Work listed on Attachment A to this
Agreement no later than N/A—– – ....... � )calendar days from issuance by Owner of Notice to Proceed,
and Contractor shall achieve Substantial Completion of the entire Work no later than
one hundred twenty........... .....(-120-- )calendar days from issuance by Owner of Notice to Proceed,subject to
adjustments of this Contract Time as provided in the Contract Documents.
3.5 If Contractor fails to achieve Substantial Completion of the Work(or any portion thereof)on or before the
datc(s)specified for Substantial Completion in the Agreement,Contractor shall pay to Owner,as liquidated damages,
the sum ofone jhqusand dollars and No/100
Dollars($-J.q2Q. 9...............................................–.......... 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 nota penalty. It is agreed that the harm that out 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 afler 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 thereon in the Agreement shall be subject to adjustment as provided inthe
Contract Documents.
3.6 Contractor shall achieve Final Completion of the entire Work no later than one hundred thirty
(J39--- )calendar days from issuance by Owner of Notice to Proceed.
ARTICLE 4 CONTRACT SUM
4.1 Owner shall pay Contractor the Contract Sum in current funds for Contractor's full and complete performance
of the Work and all of Contractor's obligations tinder this Agreement. The Contract Sum shall be
Four hundred twelve thousand and three hundred dollars and no cents
............ ...........................111.11.11.1 1...........
($-!U�1, 90n..00 subject to additions and deductions as provided in the Contract Documents,
4.2 Does the Contract Sum include alternates which are described in the Bid Form?
No-X---- Yes-, . I -
fyes,please details below.
NIA
..........
..................................................
..................................................................
00,500 4-2020 Page 2 of 5 Standard Form of Agrecirrient
(H)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 forin and supported by such data to
substantiate its accuracy as Engineer and Owner may require.This schedule,unless objected to by Engineer or Owner,
shall be used as a basis for reviewing Contractor's Applications for Payment.
5.1.5 Applications for Payment shall warrant the percentage of completion of each portion of the Work as of the
end of the period covered by the Application for Payment.
5.1.6 Subject to other provisions of the Contract Documents, the amount of each progress payment shall be
computed as provided in Article 14 of the General Conditions.
5.1.7 Except with Owner's prior written approval,Contractor shall not make advance payments to suppliers for
materials or equipment which have not been delivered and stored at the site.
5.2 FINAL PAYMENT
5.2.1 Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made by Owner to
Contractor when:
.1 Contractor has fully performed the Contract except for Contractor's responsibility to correct Work,
and to satisfy other requirements,if any,which extend beyond final payment;and
.2 a final Certificate for Payment has been issued by Engineer and approved by the Owner.
5.2.2 Owner's final payment to Contractor shall be made no later than thirty (30) days after the issuance of
Engineer's final Certificate for Payment. In no event shall final payment be required to be made prior to thirty(30)
days after all Work on the Contract has been fully performed.Defects in the Work discovered prior to final payment
shall be treated as non-conforming Work and shall be corrected by Contractor prior to final payment,and shall not be
treated as warranty items.
ARTICLE 6 TERMINATION OR SUSPENSION
6.1 The Contract may be terminated by Owner or Contractor as provided in Article 15 of the General Conditions
00500 4-2020 Page 3 of 5 Standard Form of Agreement
00443647
61 The Work may be suspended by Owner as provided in Article 15 of the General Conditions.
ARTICLE 7 ENUMERATION OF CONTRACT DOCUMENTS
7® The Contract Documents.except for Modifications issued after execution of this Agreement,are enumerated
as follows:
7.1.1 The Agreement is this executed version of the City of Round Rock, Texas Standard Form of Agreement
between Owner and Contractor,as modified.
7.1.2 The General Conditions are the "City of Round Rock Contract Forms 00700," General Conditions, as
modified.
7.1.3 The Supplementary,Special,and other Conditions of the Contract are those contained in the Project Manual
dated August 2021
7.1.4 The Specifications are those contained in the Project Manual dated August 2021
7.1.5 The Drawings,if any,are those contained in the Project Manual dated August 2021
7AA The Insurance&Construction Bond Forms of the Contract are those contained in the Project Manual dated
August 2021
7.1.7 The Notice to Bidders,Instructions to Bidders,Bid Form,and Addenda,if any,are those contained in the
Project Manual dated August 2021
7.1®8 If this Agreement covers construction involving federal funds, thereby requiring inclusion of mandated
contract clauses, such federally required clauses are those contained in the"City of Round Rock Contract Forms
03000,"Federally Required Contract Clauses,as modified.
7.1.9 Other documents,if any,forming part of the Contract Documents are as followst.
N/A
ARTICLE 8 MISCELLANEOUS PROVISIONS
® Where reference is made in this Agreement to a provision of any document, the reference refers to that
provision as amended or supplemented by other provisions of the Contract Documents.
8.2 Owner's representative is: Juan Martinez,Engineer Associate
City of Round Rock
3400 Sunrise Road,Round Rock,TX 78665
(512)341®3332
8.3 Contractor's representative is: -Nick Gramatikakis,President
1225 Banderit Hwy,#A2
Kerrville.TX 78028
(8301257-5940
8.4 Neither Owner's nor Contractor's representative shall be changed without ten(10)days'written notice to the
other party.
00000 4-20t1- Page 4 of 5 Standard Foirm of Agreeneel
00443647
8S Waiver of any breach of this Agreement shall not constitute waiver of any subsequent breach.
8.6 Owner agrees to pay Contractor from available funds for satisfactory performance of this Agreement in
accordance with the bid or proposal submitted therefor,subject to proper additions and deductions,all as provided in
the General Conditions, Supplemental Conditions, and Special Conditions of this Agreement,and Owner agrees to
make payments on account thereof as provided therein. Lack of funds shall render this Agreement null and void to
the extent funds are not available. This Agreement is a commitment of City of Round Rock's current revenues only.
8.7 Although this Agreement is drawn by Owner,both parties hereto expressly agree and assert that,in the event
of any dispute over its meaning or application,this Agreement shall be interpreted reasonably and fairly,and neither
more strongly for nor against either party.
8.8 This Agreement shall be enforceable in Round Rock,Texas,and if legal action is necessary by either party
with respect to the enforcement of any or all of the terms or conditions herein,exclusive venue for same shall lie in
Williamson County,Texas. This Agreement shall be governed by and construed in accordance with the laws and
court decisions of the State of Texas.
8.9 Both parties hereby expressly agree that no claims or disputes between the parties arising out of or relating
to this Agreement or a breach thereof shall be decided by an arbitration proceeding,including without limitation,any
proceeding under the Federal Arbitration Act(9 USC Section 1-14)or any applicable state arbitration statute.
8.10 The parties, by execution of this Agreement, bind themselves, their heirs, successors, assigns, and legal
representatives for the full and faithful performance of the terms and provisions hereof.
This Agreement is entered into as of the day and year first written above and is executed in at least two(2)
original copies,of which one is to be delivered to Owner.
OWNER CONTRACTOR
CITY F ROUN ROCK,TEXAS -14L
.................
..........
Printed N nie: Pirinied Nain
'ritie ------ hdc:
Date Signed: --------- ---- Date Signed:
ATT
k /I
City t Jerk
4FOR %APPROVED S TO FORM-
City A orney
0000 4-N)20 Page 5 of 5 Siindard IFonn of ftzeemern
00443647
00600 INSURANCE AND
CONSTRUCTION BOND FORMS
CERTIFICATE OF LIABILITY INSURANCE
Instruction Sheet
l. CERTIFICATE OF LIABILITY INSURANCE FORM
The City of Round Rock's Certificate of Liability Insurance form provided herein or a standard
ACORD form.
2. PRODUCER and INSURED- Please list name,address,phone number and e-mail.
3. COMPANIES AFFORDING COVERAGE — TDI number required. The TDI number can be
obtained from the Texas Dept of Insurance Website:httpm/1 %vw.tdi.statc.tx.us'.--Company Lookup.
Note: Exception to this rule.In certain instances%N here there is unusual risks involved.Surplus Lines Insurance
Carriers can be used.Belo%v are the guidelines:
a. Insurance Company does not have to be"licensed in Texas".but
they do have to be"eligible for a Texas license."
Please verify u ith the Teras Dept of Insurance
Website:R-np �m' %v%% trt ii�Q I, t� a^k�. Company Lookup
b. Polis has to be written byL licensed surplus lines Agent
Also ierify with the Texas Dept of Insurance
Website: C.!r„qsP rhy'n„gFlreVl ,iqa ;!-Agent Lookup
4. TYPES OF INSURANCE COVERAGE—
CONSTRUCTION CONTRACT: Please double check the General Conditions and the
Supplemental General Conditions for the types and amounts of insurance required. The
Supplemental General Conditions usually state the following:
a. Business Automobile Liability Insurance
b. Workers'Compensation and Employers' Liability Insurance
C. Commercial General Liability Insurance
d. Builders' Risk Insurance— (Generally required for all "vertical” construction. Check with
Project Manager for requirements.)
FOR ALL OTHER CONTRACTS, PLEASE REFER TO THE INSURANCE
SECTION FOR TYPE OF INSURANCE REQUIRED. (For example Engineering
Service Contracts usually require"professional liability insurance".)
5. EFFECTIVE DATE & EXPIRATION DATE
Please make sure dates are current.
6. City of Round Rock must be listed on the Certificate of Insurance as an additional insured (except
Workers Compensation and Builders Risk).
7. Certificate must indicate that the insurance Company must give the City of Round Rock notice of
any changes,cancellation,etc.at least thirty(30)days prior to date of change.
8. Make sure Certificates signed by an Agent Licensed in the State of Texas, this can also be
found on the Texas Department of Insurance website— . i,state. x. s—A ent Looku .
Bond4: 4445559
PERFORMANCE BOND
THE STATE OF TEXAS §
§ KNOW ALL BY THESE PRESENTS
COUNTY F WILLIAMSON §
That N. G.Painting,LP - _.---_---.._ _.----__ , of the City of Kerrville
County of Kerr ,and State of Texas , as Principal,and
Suretec Insurance Company authorized under the law of the State of Texas to act as surety
on bonds for principals,are held and firmly bound unto the CITY OF ROUND ROCK,TEXAS
(Owner),in the penal sum of Four hundred twelve thousand three hundred dollars and no cents
Dollars ( 4122300-00 ) for the payment whereof, well and truly to be made the said
Principal and Surety bind themselves, and their heirs, administrators, executors, successors and
assigns,jointly and severally, by these resents:
WHEREAS, e Principal has entered into a certain itten Agreement with the Owner dated the
day of , to which the Agreement is hereby referred to
and made a part hereof as fully and to the same extent as if copied at length hereinconsisting o :
South 81 Composite Elevated Tank Rehabilitation
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 y or workmanship o ,the Principal in performing e Work covered
by said Agreement and occurring within a period of twelve (12) months from e date of Final
Completion and all other covenants and conditions, according to the true intent and meaningof
said Agreement and the Plans and Specifications hereto annexed,then this obligation shall be void;
otherwise to remain in full force and effect;
PROVIDED, E , 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
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 or 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 oft e Agreement,or to the work to be perfon-ned 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 (l 0) days after receipt of such notice from Owner, Surety does not commence to
complete the obligations of Principal with a contractor acceptable to Owner and diligently
complete the performance of the Principal's duties and obligations,Owner shall have the right but
not the obligation to have the duties and obligations of Principal performed. In such event, Surety
shall pay to Owner, upon demand,all costs,expenses and damages sustained by Owner as a result
of Principal's failure to perform its duties and obligations under the Agreement up to the
sum of this Performance Bond, plus all costs and expenses, including
attorney's fees and expert and consultant fees incurred by Owner to enforce its rights under this
Performance Bond.
IN WITNESS WHEREOF, the said Principal and Surety have signed and scaled this instrument
thisr day of 20 .2
Suretec Insurance Company
Prin ... .......... Surety
4 Kristina MatthUetz
Printed Name Printed Name
By: By: _sk'l
Title: Title: Attomey In Fact
Address: /i.t I dogeL k,40- Address: 9737 Great Hills Trail Suite 320
Austin, 78759
Res► ent Agen of
aq Surety:
gig-riature
Michael T. Sfeeler
Printed Name
172 W Austin Street
Street Address
Giddings,TX 78942
City, to &Zip Code
Page 2
006W4-2020 Perlbirmance Bond
00443639
No Text
and#: 4445559
PAYMENTBOND
THE STATE OF TEXAS §
§ KNOW ALL MEN BY THESEP TS:
COUNTY OF WILLIAMSON §
That N.G. Painting,LP of the City ofKerrville
.....................-1--..........
County of Kerr and to of Texas ---------------,as Principal,and
Suretec Insurance Company authorized under the laws of the State of Texas to act
as Surety on Bonds for Principals,are held and firmly bound unto the CITY OF ROUND ROCK,
TEXAS (OWNER), and all subcontractors, workers, laborers, mechanics and suppliers as their
interest may appear, all of whom shall have the right to sue upon this bond, in the penal sum of
Four hundred twelve thousand three hundred dollars and no cents
Dollars($ 412,300 _J for the payment whereof,well and truly be made the said
Principal and Surety bind themselves and their heirs, administrators, executors, successors, and
assigns,jointly and severally, by these presents:
WHEREAS,the Principal has entered into a certain written Agreement with the Owner,dated the
day of , 20_ to which Agreement is hereby referred to
and made a part hereof as fully and to the same extent as if copied at length herein consisting of,
South 81 Composite Elevated Tank Rehabilitation
NOW, THEREFORE, THE CONDITION OFTHIS OBLIGATION IS SUCH, that if the said
Principal shall well and truly pay all subcontractors, workers, laborers, mechanics, and suppliers,
all monies to them owing by said Principals for subcontracts,work, labor,equipment,supplies and
materials done and furnished for the construction of the improvements of said Agreement, then
this obligation shall be and become null and void;otherwise to remain in full force and effect.
PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Chapter 2253,
Texas Government Code, as amended, and all liabilities on this bond shall be determined in
accordance with the provisions of said Chapter 2253 to the same extent as if it were copied at
length herein.
Page I
00620 04 X20 Payment Bond
00437699
PAYMENT BOND (continued)
Surety, for value received, stipulates and agrees that no change, extension of time, alteration or
addition to the terms of the Agreement, or to the Work performed thereunder, or the plans,
specifications or drawings accompanying the same shall in anywise affect its obligation on this
bond, and it does hereby waive notice of any such change,extension of time,alteration ora iio
tote terms oft e contract, or tote work to be performed thereunder.
IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this Instrument
�!W"—
this
day of 20
..................... Suretec Insurance Company
P r i n ci��m
pa. Surety
Kristina Matthijetz
Printed Name Printed Name
...........
.......................
By: By:
..... .....
Title. Title: Attorn In Fact
Address:
P Sk Ak? AddreAss:!L9737 Great Hills Trail Suite 320
u-
A stLin-..,_TX 78759
Resid nt Agent of Surety:
re
Michael T. Siegeler
Printed Name
172 Austin Street
Street Address
Giddings, TX 78942
City, to & Zip Code
Page 2
00620 1-2020 Paywhent Bond
00090656
1 INSURANCETY DATE IMM IDDCERTIFICATE OF LIABIL1
1170512021
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER,THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED
REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER.
IMPORTANT. If the certificate holder Is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed,
If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on
this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
PRODUCER NO TCT Kristina Matthijetz
Siegeler Insurance Age=ncy PHONaE (979)542-3449 FAX (979)542.0469
AIC No Ext: AIC No
172 West Austin Street -MA ESS: krnatthijatzsiegins. m
INSURER(S1 AFFORDING COVERAGE NAIL 9
Giddings TX 78942-3294 INsuRER A: Everest Indemnity Ins.Co.
INSURED INsunER B: Progressive County Mutual Ins, 29203
N.G.Painting,LP INSURER c: Texas Mutual insurance Company
1225 Randers Hwy INSURER D; American Zurich lass Cc
Ste.A^2 INSURER E;
O(eille TX 75025 lNsflRErt F:
COVERAGES CERTIFICATE NUMBER. Round Rock Cert REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TCD THE INSURED NAMEDABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT.TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
ILTR
SR TYPE OF INSURANCE x=SUBIT IN ® O POLICY NUMBER NIM14fDD EFF MAPRCY ExP LIMITS
COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE 5 1°000^000
CLAIMS-MADE 1zOCCUR PREMIISES Ea ra 5 100,000
MAErI CAn olEe persany 5 5,000------
A Y EF4ML06256.201 11/22/2020 1112212021 PERSONAL A ADV INJURY 5 1,000,000
GENIAGGREGATELIMAITAPPLIESPER: GENERALAGGREGATE S 2,000,000
POLICY JE 11, LOC
PRODUCTS-COMPA)PAGG 5 2,0000000
JOTHER: Employee Benefits 5 1,000,000
AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000
Ee a " M
ANYAUTO BODILY INJURY(Per persW 5
B OWNED SCHEDULED Y 01436772-1 11/22/2020 11122/2021 BODILY INJURY(Per accident) 5
-------------
AUTO.S ONLY AUTOS
HIRED NON-OWNED PROPERTY DAMAGE 5
AUTOS ONLY AUTOS ONLY Pea denR
aeB
Uninsured motorist s 1„000,000
UMBRELLA LIARI IOCCUR EACHOCCURRENCE s 5,000,000
A EXCESS LIAR CLAIs BADE EF4Cll01316-201 11/2262020 1112212021 AGGREGATE $ 5,000��44t6�
DEC! RETENTION S $
Ydl]RKE.RS COMPENSATION R O7tr1-
AND EMPLOYERS'LIABILITY Y d N ATUUTE ER
P.NYPROPRIETORIPARTNE XECUTIVE [EE.LEPACHACCIDENrT $ 1„000,000
C OFFICE EMMBER CLUDED? NrA 0012233101 03624/2021 03424/2022 - -
(Mandatory in NH) EL DISEASE-EA EMPLOYEE $ 5 ®���„®���
If yes,desalts under 1'0100,0100DESCRIPTiON OF C7PE TIONS 6elerav E.L DISEASE-POLICY LIMRT 5
Builders Risklinstallation Floater Any one buildinglStructur $412„300
D ER73932384 11!0562021 11/05/2022 Deductible $1000
DESCRIPTION OF OPERA71ONS t LOCATIONS I VEHICLES(ACORD 141,Additional Remarks Schedule,may be eflacheQd IT more space Is requiredl
The General Liability and Commercial Auto includes a BLANKET additional insured and waiver of subrogation status only when there is a written contract
between the named insured and the certificate holde=r that require=s such status. Workers Compensation includes a BLANKET Waiver or our Right to
Recover from others only when there is a written contract between the named insured and the certificate holder that requires such status. Coverage will be
primary and non-contribulory as required by written contract. Umbrella follows form of the underlying liability polices and covers completd operations.
POlisaes include 30day Notice of Cancellation
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN
City of Round Rock City Manager ACCORDANCE WITH THE POLICY PROVISIONS.
221 E Mains Street
AUTHORIZED REPRESENTATIVE
Round Rock TX 756£4
071986®2015 ACORD CORPORATION, All rights reserved.
ACORD 26(2016103) The ACORD name and logo are registered marks of ACORD
ADDITIONAL COVERAGES
Pat 0 Description Coverage,Code Form No. Edition Date
71 EHHostile Fire and Building Equipment Pollution
Deductible Amo
00
0
Limit 1 Limit 2 Limit 3 DeductibleA luHMDeductible Type Premium
1,000,000 5,000 Flat
Ref# Description Coverage Gude !Fo!rm�No. �Edifion�Date
"cr'pt'lie Coverage L
m
Ecy Response Coverage
Emergency
Limit I Limit 2 Limit 3 Deductible Amount Deductible Type Premium
Flat Ref
5,000 Flat
:Ref# Descirlpflon Coverage Code Form No. Edition Date
O,ENon-Owned Disposal Site Liability
it
Limit I Limit 2 Limit 3 Deductible Amount Deductible Type Premium
1,000,000 5,000 Flat
Ref Description:Description Coverage Code Form No. Edition Date
' :t:::I:
Contractors Pollution
Limit I Limit 2 Limit 3
Deductible Amount Deductible Type Premium
1,000,000 i i 5,000 Flat
Ref# Description Coverage Code !Fo!�No. �Edifion�Date
Transportaion Pollution
Limit I Limit 2 Limit 3 Deductible Amount Deductible Type Premium
1,000,000 5,000 Fiat
... ................. ......... .................
Ref# Description Coverage,Code, For!m N o.=Edition Date
Crisis Event Cost Cov.Per Occurrence
Limit I Limit 2 Limit 3 Deductible Amount Deductible Type Premium
250,000
Ref# Description Coverage Code !Fo!rrn!No.� Edfflon Date
scrip'ic ag
Uninsured motorist combined single limit UMCSL
T
ruit I E=
Li it I Limit 2 Limit 3 Deductible Arno Deductible Type Premium
1,000,000
Ref H# Description Coverage�!!!=
""'go Code Form No. Edition Date
scr' Coverage
PIP
Limit 1 LIrr:11
Limit 3 Deductible Amount Deductible Type Premium
10,000
Ref#
Fief Coverage Code Form No, Edition Date
Description
Expense constant EXCNT
Limit I Limit 2 �Llmlt�3Deductible�Amou`ht VdufpbleType Premium$150,00
Ref 0 Description Coverage Code Form rn!No. Edition Date
Coverage MC
"'c"i
Managed Care Option MCARE
U, "ryp
Limit 3
Limit 1 Lim 11 Deductible Amount Deductible Type Premium
Ref 9 Description Coverage Code Forin lic Edition Date
Experience Mod Factor 1 EXP01
Limit I Limit 2 Limit 3 Deductit Deductible Type Premium
i $6,251.00
OFADTLCV Copyright 200:1,AMS=Services,Inc.
ADDITIONAL COVERAGES
Coverage
Rot H# De
Description Coverage Code Form No, Edition Date
W r of S
aiver of Subrogation WVSUB
Limit I � JLlmlt�3 �D�eductlble Amount Deductible Type
Limit 2 Premium
Description Coverage Code
Ref# Form No, Edition Date
VVG
WC&Employees liability WCEL
Limit I Limit Limit 3 Deductible Amount Deductible Type Premium
OC
1,000,000 1,0O000,000 1,000,000
Ref Ref 9 Description Coverage Code Form No, Edition Date
�' t
Premium discount PDIS
�7 ,Type
Limit I Limit 2 Limit 3 Deductible Amount Deductible Type Premium-$4,393.00
Ref# Description Coverage Code, Form No. Edition Date
Increased Limits Factor IN LF
Type
Limit I LimKii; Limit 3 Deductible Amount Type
unt Deductible Premium$56400
.................
Rel# Description
Coverage C
ode Form No. Edition Date
ScheduMod Factor 1 H01
Limit I Limit 2
Limit 3 Deductible Amount Deductible Type Premium
-$7,668.00
Ref# Description Coverage Code Form No. Edition Date
Limit I Limit 2 Limit 3 Deductible Amount Dednctible Type Premium
Ref# Description Coverage Code Form I Edition Date
Limit I Limit 2 Limit 3 Deductible Amount Deductible,Type Type Premium
Ref# Description Coverage Code !Fo r m!!No,=Edifion Date
Limit I Limit 2 Limit 3 Deductible Amount DduUble Type Premium
Ref 191 Description Coverage Code Form No. Edition Date
Limit I Limit 2 Limit 3 Deductible Amount Deductible ITVype Premium
Ref Description Coverage Code Form No. Edition Date
Limit I
JL!mft�2 �U�mit3 [Deduc!lbleAmo�unt � Deductible Type Premium
Ref# Description Coverage Code Form No, Edition Date
Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium
00700 GENERAL CONDITIONS
City of Round Rock Contract Forms
General Conditions Section 00700
TABLE OF CONTEN'rs OF GENERAL CCND111TIi 'SII
Ad ick,,, Page
Number& title Mortber
1_ DEFINITIONS ..... ...... ......... . ... ....m.,,
'. PRELIMINARY MATTERS 5
3: CONTRACT DGCU NTS' INTENT,NT, f UN01ING, REUSE-- ...... ...... ....... .....7
, AVAILABILITY OF LANDS- SUBSURFACE AND, I PHYSICAL
CCNDIITIONSI REFIEiRIEN16E POINTS ,, „0
fir, BONDS AND INSRAN�CIE., .............. „ ...... ..........:............
6, CO IITR� CT�CR'S RFSPONSiIBUITIES............... .. ........ .. ........... „ .,, :: :,: ,,.,,,:,,. ::, ., :...:,... ......... ... ....._11
7, OTHEIRWORK ...... ... :::::: :: ::: :..:..: .... .. --,24
. OWNER'S RESPONSIBILITIES ................. ..................... . 251
. FR!G�II IFRRIARCIRIITECT'S STATUS DURING CONSTRUCTION,.,....... ......... ......,, '::,'
1 h: CHANG' -S IN THE. WORD; „ .... .......... ....... . ... ...... ............27
11, CHANGE OF CONTRACT WOUNT................................................:.,, ._. .......12. �� .._...,... ��
CHANGE OF CONTRACT TIMES--...... .d..,.._ ,11
13. TESTS ANDIINSRECtIiONS, AND CORRECTION
R REMOVAL F WI ECTIII 'E w RIK.... , .,.,,m.,, ,,.,,,..... ,,, W, .. .......... ....... 2'
1 � PAYMENTS TO CONTRACTOR AND,COMPLETION i....... . .:
15, SUSPEINS10N OF WORK AND TERMINATION..... ...... . . ....... ... ....... .
16, DISPUTE RESOLUTION r....,... 4 1
17 RIGHT TOAUD117� ............. . ......... .. .... 42
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00700 04-2020 page 1 General Conditions
00443641
GENERAL CONDITIONS
ARTICLE 1 -DEFINITIONS
Whenever used in these General Conditions or in the other Contract Documents,the term printed with initial capital
letters or all capital letters, including the term's singular and plural forms, will have the meaning indicated in the
definitions below or as defined in these General Conditions or other Contract Documents:
1.1 Addenda -Written or graphic instruments issued prior to the receipt of Proposals or the opening of Bids
that clarify, correct or change the proposal or bidding requirements or the Contract Documents.
1.2 Agreement-Prescribed form, referenced as Section 00500.
1.3 Alternative Dispute Resolution-The process by which a disputed Claim may be settled if the OWNER and
the CONTRACTOR cannot reach an agreement between themselves, as an alternative to litigation.
1.4 Bid - Proposal of bidder on prescribed forms setting forth prices for performing the Work described in the
Contract Documents.
1.5 Bid Documents-The advertisement or invitation for bids, instructions to bidders,the bid form, the Contract
Documents and Addenda.
1.6 Calendar Day-Any day of the week; no days being excepted. Work on Saturdays, Sundays, and/or Legal
Holidays shall only be conducted with prior express written consent of the OWNER.
1.7 Change Directive-A written directive to the CONTRACTOR, signed by the OWNER, ordering a change in
the Work and stating a proposed basis for adjustment, if any, in the Contract Amount or Contract Time, or both. A
Change Directive may be used in the absence of total agreement on the terms of a Change Order. A Change
Directive does not change the Contract Amount or Contract Time, but is evidence that the parties expect that the
change directed or documented by a Change Directive will be incorporated in a subsequently issued Change Order.
1.8 Change Orders - Written agreements entered into between the CONTRACTOR and the OWNER
authorizing an addition,deletion, or revision to the Contract, issued on or after the Execution Date of the Agreement
and within the Contract term.
1.9 Claim - A written demand seeking, as a matter of right, adjustment or interpretation of Contract terms,
payment of money, extension of time or other relief with respect to the terms of the Contract.
1.10 Contract - The Contract represents the entire and integrated agreement between the OWNER and the
CONTRACTOR for performance of the Work, as evidenced by the Contract Documents.
1.11 Contract Amount-The amount payable by the OWNER to the CONTRACTOR for completion of the Work
in accordance with the Contract Documents.
1.12 Contract Documents — Includes the Invitation to Bid, Instructions to Bidders, Agreement, General
Conditions, Supplemental General Conditions, Special Conditions, Specifications, Project Manual, Drawings,
Addenda and Change Orders.
1.13 Contract Time-The number of days allowed for completion of the Work as defined by the Contract. When
any period is referred to in days, it will be computed to exclude the first and include the last day of such period. A
day of twenty-four(24) hours measured from midnight to the next midnight will constitute a day.
1.14 CONTRACTOR - The individual, firm, corporation, or other business entity with whom the OWNER has
entered into the Contract.
00700 04-2020 Page 2 General Conditions
1.15 Drawinggi - Those portions of the Contract Documents which are graphic representations of the scope,
extent and character of the or to be furnished and performed by the CONTRACTOR and which have been
approved by the OWNER. Drawings may include plans, elevations, sections, details, schedules and diagrams.
Shop Drawings are not Drawings as so defined,
1.16 Engineer/Architga-LE/Al - The OWNER's design professional identified as such in the Agreement. The
titles of"ArchitectlEngineer,""Architect"and"Engineer" used in the Contract Documents shall be read the same as
Engineer/Architect (E/A). Nothing contained in the Contract Documents shall create any contractual or agency
relationship between E/A and the CONTRACTOR,
1.17 E_qual-The terms"equal"or"approved equal" shall have the same meaning.
1.18 Execution Date-Date of last signature of the parties to the Agreement.
1.19 Field Order-A written order issued by Owner's Representative which orders for changes in the Work
and which does not involve a change in the Contract Amount or the Contract Time,
1.20 Final Lc�tance—The stage in the Contract process when, in the OWNER's opinion, Final Completion of
the Work has been attained and a Certificate of Acceptance approved by the OWNER is issued.
1.21 Final Completion -The stage in the progress of the Work when, in the OWNER's opinion, the entire Work
has been completed, the CONTRACTOR's obligations under the Contract Documents have been fulfilled, and the
OWNER is processing or has made final payment to the CONTRACTOR, as evidenced by a Certificate of
Acceptance approved by the OWNER.
1.22 Inspector-The authorized representative of any regulatory agency that has jurisdiction over any portion of
the Work.-
1.23 Legal Holidays
1. .1 The following are recognized by the OWNER:
Holiday Date Observed
New Years Day January 1
Martin Luther in , Jr.'s Birthday Third Monday in January
President's Day Third Monday in February
Memorial Day Last Monday in May
Independence Day July 4
Labor Day First Monday in September
Veteran's Day November 11
Thanksgiving Day Fourth Thursday in November
Friday after Thanksgiving Friday after Thanksgiving
Christmas Eve December 24
Christmas Day December 25
00700 04-2020 Page 3 General Conditions
1.23.2 If a Legal Holiday falls on Saturday, it will be observed on the preceding Friday. If a Legal Holiday falls on
Sunday, it will be observed on the following Monday.
1.23.3 If Christmas Eve falls on a Saturday or a Sunday, the preceding Friday is observed as the Christmas Eve
holiday.
1.23.4 If Christmas Day falls on a Saturday or a Sunday, the following Monday is observed as the Christmas Day
holiday.
1.24 Milestones-A significant event specified in the Contract Documents relating to an intermediate completion
date or time prior to Substantial Completion of all the Work.
1.25 Notice to Proceed - A Written Notice given by the OWNER to the CONTRACTOR notifying the
CONTRACTOR to commence the Work and which may also fix the date on which the Contract Times will commence
to run and on which the CONTRACTOR shall start to perform the CONTRACTOR's obligations under the Contract
Documents.
1.26 OWNER—The City of Round Rock,Texas,a municipal corporation, home-rule city and political subdivision
organized and existing under the laws of the State of Texas, acting through the City Manager or his/her designee,
officers, agents or employees to administer design and construction of the Project.
1.27 Owner's Representative-The designated representative of the OWNER.
1.28 Partial Occupancy or Use - Use by the OWNER of a partially completed part of the Work for the purpose
for which it is intended (or a related purpose) prior to Substantial Completion of all the Work.
1.29 Project-The total construction of which the Work to be provided under the Contract Documents may be
the whole, or a part, as indicated elsewhere in the Contract Documents.
1.30 Proiect Manual - That portion of the Contract Documents which may include the following: introductory
information; bidding requirements, Contract forms and General and Supplemental General Conditions; General
Requirements; Specifications; Drawings; Project Safety Manual; and Addenda.
1.31 Proposal—Proposal of Offeror, on prescribed forms setting forth prices for performing the Work described
in the Contract Documents.
1.32 Proposal Documents—The advertisement or invitation for Proposals, Instruction to Offerors, the Proposal
form, the Contract Documents and Addenda.
1.33 Resident Proiect Representative -The authorized representative of E/A who may be assigned to the site
or any part thereof.
1.34 Shop Drawings -All drawings, diagrams, illustrations, schedules and other data or information which are
specifically prepared or assembled by or for the CONTRACTOR and submitted by the CONTRACTOR as required
by the Contract Documents.
1.35 Specifications -Those portions of the Contract Documents consisting of written technical descriptions as
applied to the Work, which set forth to the CONTRACTOR, in detail, the requirements which must be met by all
materials, equipment, construction systems, standards, workmanship, equipment and services in order to render a
completed and useful project.
1.36 Substantial Completion - The stage in the progress of the Work when the Work, or designated portions
thereof,may still require minor modifications or adjustments but, in the OWNER's opinion,the Work has progressed
to the point such that all parts of the Work under consideration are fully operational and the beneficial use and
occupancy of which can be assumed by the Owner, as evidenced by a Certificate of Substantial Completion
approved by the OWNER.
00700 04-2020 Page 4 General Conditions
1.37 Subcontractor-An individual, firm, or corporation having a direct contract with the CONTRACTOR for the
performance of a part of the or .
1.38 Sub-subcontractor-A person or entity who has a direct or indirect contract with a Subcontractor or a Sub-
subcontractor of any tier to perform a portion of the Work.
1.39 Superintendent - The representative of the CONTRACTOR authorized in writing to receive and fulfill
instructions from Owners Representative, and who shall supervise and direct construction of the Work.
1.40 Supplemental General Conditions-The part of the Contract Documents which either amends or
supplements the General Conditions, All General Conditions which are not so amended or so supplemented shall
be considered as remaining in full force and effect.
1.41 Supplier-An individual or entity having a direct contract with the CONTRACTOR or with any Subcontractor
or Sub-subcontractor to furnish materials or equipment to be incorporated in the Work by the CONTRACTOR or
any Subcontractor.
1.42 Time Extension Reguest-An approved request for time extension on a for acceptable to the OWNER,
1.43 Work -The entire completed construction, or the various separately identifiable parts thereof, required to
be furnished under the Contract Documents,
1.44 Working Day - Any day of the week, not including Saturdays, Sundays, or Legal Holidays, in which
conditions not underthe CONTRACTO R's control will permit work for at least seven(7)hours of the Working Times.
Upon authorization by the Owner's Representative, work on Saturdays, Sundays and/or Legal Holidays may be
allowed and, in that event, a Working Day will be counted for each such day.
1.45 Workino Times — Times of day(s) during which work may be performed. Unless authorized by Owner's
Representative, all Work shall be performed between 7:00 a.m. and 6:00 p.m. on weekdays and, if previously
authorized as provided for in paragraph 1.44 or paragraph 1.6 herein, as applicable, between 9:00 a.m. and 6:00
p.m. on Saturdays, Sundays or Legal Holidays. When the CONTRACTOR has been authorized to perform Work
during hours outside Working Times, such hours shall be considered time worked on Working Day contracts.
Notwithstanding the preceding, emergency work may be done without prior permission only as provided in
paragraph 6.11.5 herein,
1.46 Written Notice-Written communication between the OWNER and the CONTRACTOR. Written Notice shall
be deemed to have been duly served if delivered in person to Owner's Representative or to the CONTRACTOR's
duly authorized representative, or if such Written Notice is delivered to or sent by registered or certified mail to the
attention of Owner's Representative or to the CTO 's duly authorized representative at the last business
address known to the party giving notice.
ARTICLE 2 -PRELIMINARY MATTERS
2.1 Delivery of Agreement, Bonds, Insurance, and Other Documentation*
Within ten (10)Calendar Days after written notification of award of Contract,the CONTRACTOR shall deliver to the
OWNER signed Agreement, Bond(s), Insurance Certificate(s) and other documentation required for execution of
the Contract.
2.2 Copies of Documents:
The OWNER shall furnish to the CONTRACTOR two (2) copies of the Contract Documents unless otherwise
specified.
00700 04-2020 Page 5 General Conditions
,I
2.3 Commencement of Contract Times; Notice to Proceed:
The Contract Time(s) commence on the date indicated in the Agreement or in the Notice to Proceed. Notice to
Proceed will be given at any time within sixty(60)Calendar Days after the Execution Date of the Agreement, unless
extended by written agreement of the parties.
2.4 Before Starting Construction:
2.4.1 No Work shall be done at the site prior to the preconstruction conference without the OWNER's approval.
Before undertaking each part of the Work, the CONTRACTOR shall carefully study and compare the Contract
Documents and check and verify pertinent figures shown thereon and all applicable field measurements. The
CONTRACTOR shall promptly report in writing to Owner's Representative any conflict, error, ambiguity or
discrepancy which the CONTRACTOR may discover and shall obtain a written interpretation or clarification from
Owner's Representative before proceeding with any Work affected thereby. The CONTRACTOR shall be liable to
the OWNER for failure to report any conflict, error, ambiguity or discrepancy in the Contract Documents of which
the CONTRACTOR knew or reasonably should have known.
2.4.2 The CONTRACTOR shall submit the following to Owner's Representative for review and approval no later
than the preconstruction conference.
.1 a preliminary progress schedule indicating the times (number of days or dates) for starting and
completing the various stages of the Work, including any Milestones specified in the Contract
Documents, identifying when all Subcontractors will be utilized„ and taking into consideration any
limitations on Working Hours,
.2 a preliminary schedule of Shop Drawing and sample submittals;
.3 a preliminary schedule of values for all of the Work, subdivided into component parts in sufficient detail
to serve as the basis for progress payments during construction. Such prices will include an appropriate
amount of overhead and profit applicable to each item of Work. The preliminary schedule of values
submitted by the CONTRACTOR should include a reasonable estimation of value of each item included
and shall not contain disproportionate values assigned to any item or items;
.4 a letter designating CONTRACTOR's Superintendent;
.5 a letter from the CONTRACTOR and Subcontractor(s) listing any salaried specialists;
.6 if applicable, a letter designating the "Competent Person(s)" on general safety and trench safety
measures;
.7 if applicable, a trench safety system plan;
.8 if applicable, a plan illustrating proposed locations of temporary facilities;
.9 if applicable, a traffic control plan;
.10 a completed Non-Use of Asbestos Affidavit(Prior to Construction); and
.11 if applicable, a letter designating the Texas Registered Professional Land Surveyor for layout of the
Work.
2.5 Preconstruction Conference:
Prior to commencement of Work at the site,a preconstruction conference attended by the CONTRACTOR,Owner's
Representative and others will be held.
00700 04-2020 Page 6 General Conditions
2.6 Initially Acceptable Schedules'.
Unless otherwise provided in the Contract Documents, the CONTRACTOR shall obtain approval of Owner's
Representative on final versions of the schedules submitted in accordance with paragraph 2.4.2 before the first
progress payment will be made to the CONTRACTOR. The progress schedule must provide for an orderly
progression of the Work to completion within any specified Milestones and Contract Times. Acceptance of the
schedule by Owners Representative will neither impose on Owner's Representative responsibility for the
sequencing, scheduling or progress of the Work nor interfere with or relieve the CONTRACTOR from the
CONTRACTOR's full responsibility therefor. The CONTRACTOR's schedule of Shop Drawings and sample
submissions must provide an arrangement agreeable to the parties for reviewing and processing the required
submittals.
2.7 Electronic Transmittals:
2.7.1 Except as otherwise stated elsewhere in the Contract Documents, the OWNER, 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, or through access to a secure Project website.
23.2 When transmitting items in electronic media or digital format, the transmitting party makes no
representations as to to term compatibility, usability, or readability of the items resulting from the recipient's use
of software application packages, operating systems, or computer hardware differing from those used in the drafting
or transmittal of the items.
ARTICLE 3 -CONTRACT DOCUMENTS: INTENT. AMENDING, REUSE
3.1 Intent:
3.1.1 The intent of the Contract Documents is to include all information necessary for the proper execution and
completion of the Work by the CONTRACTOR. The Contract Documents are complernentary, and what is required
by one shall be as binding as if required by all. Inc of disagreement, the following order of precedence shall
over (top item receiving priority of interpretation):
Change Orders
Modifications to the Contract Documents made after the Execution Date
Signed Agreement
Addenda to the Contract Documents
Special Conditions
Supplemental General Conditions
General Conditions
Other Bidding Requirements and Contract Forms
Special Provisions to the Standard Technical Specifications
Special Specifications
Standard Technical Specifications
Drawings(figured dimensions shall govern over scaled dimensions)
Project Safety manual, if applicable
Unless otherwise stated in the Contract Documents,words which have well-known technical or construction
industry meanings are used in the Contract Documents in accordance with such recognized meanings.
3.2 Reporting and Resolving Discrepancies:
Prior to commencing the Work, the CONTRACTOR shall review the Contract Documents for the purpose of
discovering any conflict, error, ambiguity or discrepancy in the Contract Documents. If, at any time,, the
CONTRACTOR discovers any conflict, error, ambiguity or discrepancy within the Contract Documents or between
the Contract Documents and any provisions of any such law or regulation applicable to the performance of the Work
00700 04-2020 Page 7 General Conditions
or of any such standard, specification, manual or code or instructions of any Supplier, the CONTRACTOR shall
immediately report it to Owner's Representative in writing, and the CONTRACTOR shall not proceed with the Work
affected thereby until an amendment or supplement to the Contract Documents has been issued by one of the
methods indicated in paragraph 3.3.1 or paragraph 3.3.2. The CONTRACTOR shall be liable to the OWNER for
failure to report any such conflict, error, ambiguity or discrepancy of which the CONTRACTOR knew or reasonably
should have known.
3.3 Amending and Supplementing Contract Documents:
3.3.1 The Contract Documents may be amended to provide for additions, deletions and revisions in the Work or
to modify the terms and conditions thereof in one or more of the following ways:
.1 Change Order.
.2 Change Directive.
3.3.2 In addition, the requirements of the Contract Documents may be supplemented, and minor variations and
deviations in the Work may be authorized, in one or more of the following ways:
.1 Field Order.
.2 Review of a Shop Drawing or sample.
.3 Written interpretation or clarification.
3.4 Reuse of Documents Prohibited:
The CONTRACTOR and any Subcontractor or Supplier or other person or organization performing or furnishing
any of the Work under a direct or indirect contract with the OWNER: (i) shall not have or acquire any title to or
ownership rights in any of the Drawings, Specifications or other documents (or copies of any thereof) prepared by
or bearing the seal of EIA or E/A's consultants, and (ii) shall not reuse any of such Drawings, Specifications, other
documents or copies on extensions of the Project or any other project without written consent of the OWNER and
E/A.
ARTICLE 4-AVAILABILITY OF LANDS,•SUBSURFACE AND PHYSICAL CONDITIONS:REFERENCE POINTS
4.1 Availability of Lands:
The OWNER shall furnish, as indicated in the Contract Documents, all required rights to use the lands upon which
the Work is to be performed, rights-of-way and easements for access thereto, and such other lands which are
designated for the use of the CONTRACTOR. The OWNER shall identify any encumbrances or restrictions not of
general application but specifically related to use of lands so furnished with which the CONTRACTOR will have to
comply in performing the Work. Easements for permanent structures or permanent changes in existing facilities will
be obtained and paid for by the OWNER, unless otherwise provided in the Contract Documents. If the OWNER
fails to furnish these lands, rights-of-way or easements in a timely manner, the CONTRACTOR may make a Claim
for adjustments in the Contract Times.The CONTRACTOR shall provide for all additional lands and access thereto
that may be required for temporary construction facilities or storage of materials and equipment.
4.2 Subsurface and Physical Conditions:
4.2.1 The CONTRACTOR hereby covenants that it has examined the site of the proposed Work and is familiar
with all of the conditions surrounding construction of the Project, having conducted all inquiries, tests and
investigations deemed necessary and proper. Unless the CONTRACTOR, prior to the execution of the Agreement,
has notified the OWNER in writing of any condition of the site of the proposed Work that would adversely impact
00700 04-2020 Page 8 General Conditions
the performance of the Work by the CONTRACTOR, C covenants that there are no conditions at the
site of the proposed work which would adversely impact the performance of Work by the CONTRACTOR,
If conditions are encountered at the site which are (1) subsurface or otherwise concealed physical
conditions that differ materially from those indicated in the Contract Documents or( ) 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 arty shall be given to the other party promptly before conditions
are disturbed and in no event later than seven (7) calendar days after first observance of the conditions. Owner's
Representative will promptly investigate such conditions with E/Aand, if they differ materially and cause an increase
or decrease in the CONTRACTOR's cost of,or time required for, performance of anyart of the Work, OWNER will
consider an equitable adjustment in the Contract Amount or Contract Time, or both. If Owner'se r sent tiv
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, statin
the reasons. Any disputes arising from ner'sRepresentative's determination shall be resolved in accordance
with Article 16.
4.2.3 Notwithstandingany other provision of this Contract,the CONTRACTOR shall be solely responsible for the
location and protection of any and all public lines and utility customer service lines in the Work area. For the
purposes of this section, "public lines"means the utility distribution and supply system within public rights-of-way or
easements, a "utility customer service lines" (service) means any utility line connecting a utility customer to the
utility distribution system. Generally, existing service connections within right-of-way or easements are not shown
on the Drawings, The CONTRACTOR shall notify the OWNER and "One CII"and exercise due care to locate and
to mark, uncover or otherwise protect all such lines in the construction zone and any of the C T 's work
or storage areas. The CONTRACTOR's obligationhereunder shall be primary and nondelegable. The
CONTRACTOR shall indemnify or reimburse the OWNER for such expenses or costs (including fines that may be
levied against the ) that may result from ntorie or accidental damage to all public lines and utility
customer service lines in the Work area. The OWNER reserves the right to repair such damage the CONTRACTOR
y 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 notify Owner's
Representative and the Texas Department of Antiquities Protection of their presence and shall not disturb the
until written permission and permit to do so is granted.All primitive rights and antiquities uncovered on t '
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 avoidloss, the CONTRACTOR shall cooperate in salvage work attendant to preservation. If the Work stoppage
or salvage work causes an increase in the C 's cost o , or time required for, performance of the Work,
the Contract Amount and/or Contract Time may be equitably adjusted.
4.3 Reference is
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
Dints 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
e 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:
700 04-2020 Page 9 General Conditions
4.4.1 The OWNER shall be responsible for any hazardous material uncovered or revealed at the site which was
not shown, indicated or identified in the Contract Documents to be within the scope of the Work and which may
present a substantial danger to persons or property exposed thereto in connection with the Work at the site. The
CONTRACTOR shall immediately notify Owner's Representative of any suspected hazardous materials
encountered before or during performance of the Work and shall take all necessary precautions to avoid further
disturbance of the materials.
4.4.2 The CONTRACTOR shall be responsible for any hazardous materials brought to the site by the
CONTRACTOR, Subcontractor, Suppliers or anyone else for whom the CONTRACTOR is responsible.
4.4.3 No asbestos-containing materials shall be incorporated into the Work or brought on the Project site without
prior approval of the OWNER.
4.4.4 TO THE FULLEST EXTENT PERMITTED BY LAWS AND REGULATIONS, CONTRACTOR SHALL
INDEMNIFY AND HOLD HARMLESS OWNER, AND ITS COUNCIL MEMBERS, EMPLOYEES, AGENTS,AND
CONSULTANTS FROM AND AGAINST ALL CLAIMS, COSTS, LOSSES, AND DAMAGES (INCLUDING BUT
NOT LIMITED TO ALL FEES AND CHARGES OF ENGINEERS, ARCHITECTS, ATTORNEYS, AND OTHER
PROFESSIONALS AND ALL COURT OR ARBITRATION OR OTHER DISPUTE RESOLUTION COSTS)ARISING
OUT OF OR RELATING TO FAILURE TO CONTROL, CONTAIN OR REMOVE A HAZARDOUS MATERIAL
BROUGHT TO THE SITE BY CONTRACTOR OR BY ANYONE FOR WHOM CONTRACTOR IS RESPONSIBLE,
OR TO A HAZARDOUS ENVIRONMENTAL CONDITION CREATED BY CONTRACTOR OR BY ANYONE FOR
WHOM CONTRACTOR IS RESPONSIBLE.
ARTICLE 5-BONDS AND INSURANCE
5.1 Surety and Insurance Companies:
All bonds and insurance required by the Contract Documents shall be obtained from solvent surety or insurance
companies that are duly licensed by the State of Texas and authorized to issue bonds or insurance policies for the
limits and coverages required by the Contract Documents. The bonds shall be in a form acceptable to the OWNER
and shall be issued by a surety which complies with the requirements of Chapter 3503, Texas Insurance Code
(2005) and which is otherwise acceptable to the OWNER.
OWNER may require the surety to obtain reinsurance for any portion of the risk that exceeds 10% of the surety's
capital and surplus. For bonds exceeding $100,000, the surety must also hold a certificate of authority from the
U.S. Secretary of the Treasury or have obtained reinsurance from a reinsurer that is authorized as a reinsurer in
Texas and holds a certificate of authority from the U.S. Secretary of the Treasury.
5.2 Workers'Compensation Insurance Coverage:
5.2.1 Definitions:
.1 Certificate of coverage ("certificate") -A copy of a certificate of insurance, a certificate of authority to
self-insure issued by the commission, or a coverage agreement showing statutory workers'
compensation insurance coverage for the person's or entity's employees providing services on the
Project, for the duration of the Project.
.2 Duration of the Project - includes the time from the beginning of the Work on the Project until the
CONTRACTOR's/person's Work on the Project has been completed and accepted by the OWNER.
.3 Persons providing services on the Project ("subcontractor" herein) - includes all persons or entities
performing all or part of the services the CONTRACTOR has undertaken to perform on the Project,
regardless of whether that person contracted directly with the CONTRACTOR and regardless of
whether that person has employees. This includes, by way of illustration and not of limitation,
00700 04-2020 Page 10 General Conditions
independent contractors, Subcontractors, leasing companies, motor carriers, owner-operators.
employees of any such entity, ore loyees of any entity which furnishes persons to provide services
on the Project. "Services" include, without limitation, providing, hauling, or delivering equipment or
materials, or providing labor, transportation, or other service related to a project. "Services" does not
include activities unrelated to the Project, such as food/beverage vendors, office supply deliveries, and
delivery of portable toilets.
5.2.2 The CONTRACTOR shall provide coverage, based on proper reporting of classification codes and payroll
amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code,
Section 401.011(44) for all employees of the CONTRACTOR Providing services on the Project, for the duration of
the Project.
5.2.3 The OWNER will not execute the Contract prior to the CONTRACTOR providing all required certificates of
coverage.
If the coverage period shown on the CONTRACTOR's current certificate of coverage ends during the
duration of the Project, the CONTRACTOR must, prior to the end of the coverage period, file a new certificate of
coverage with the OWNER showing that coverage has been extended.
5.2.5 The CONTRACTOR shall obtain from each person providing services on the Project, and provide to the
OWNER:
.1 a certificate of coverage, prior to that person beginning or on the Project, so the OWNER will have
on file certificates of coverage showing coverage for all persons providing services on the Project; and
.2 no later than seven (7)days after receipt by the CONTRACTOR, a new certificate of coverage showing
extension of coverage, if the coverage period shown on the current certificate of coverage ends during
the duration of the Project.
5.2.6 The CONTRACTOR shall retain all required certificates of coverage for the duration of the Project and for
one (1)year thereafter,
5.2.7 The CONTRACTOR shall notify the OWNER in writing by certified mail or personal delivery within ten (10)
days after the CONTRACTOR knew or should have known of any change that materially affects the provision of
coverage of any person providing services on the Project.
The CONTRACTOR shall of at its office or on each Project site a notice, in the text, for and manner
prescribed by the Texas Workers' Compensation Commission, informing all persons providing services on the
Project that they are required to be covered, and stating how a person may verify coverage and report lack of
coverage.
5.2.9 The CONTRACTOR shall contractually require each person with whom it contracts to provide services on
a Project to:
.1 provide coverage, based on proper reporting of classification codes and payroll amounts and filing of
any coverage agreements, which meets the statutory requirements of Texas or Code, Section
401.011(44)for all of its employees providing services on the Project, for the duration of the Project;
.2 provide to the CONTRACTOR, prior to that person beginning Work on the Project, a certificate of
coverage showing that coverage is being provided for all employees of the person providing services
on the Project, for the duration of the Project;
.3 provide the CONTRACTOR, prior to the end of the coverage period, a new certificate of coverage
showing extension of coverage, if the coverage period shown on the current certificate of coverage
ends during the duration of the Project;
00700 04-2020 Page 11 General Conditions
.4 obtain from each other person with whom it contracts, and provide to the CONTRACTOR:
a) a certificate of coverage, prior to the other person beginning Work on the Project; and
b) a new certificate of coverage showing extension of coverage, prior to the end of the coverage
period, if the coverage period shown on the current certificate of coverage ends during the duration
of the Project;
.5 retain all required certificates of coverage on file for the duration of the Project and for one (1) year
thereafter;
.6 notify the OWNER in writing by certified mail or personal delivery within ten (10)days after the person
knew or should have known of any change that materially affects the provision of coverage of any
person providing services on the Project; and
.7 contractually require each person with whom it contracts,to perform as required by paragraphs 5.2.9.1
- 5.2.9.7, with the certificates of coverage to be provided to the person for whom they are providing
services.
5.2.10 By signing this Contract or providing or causing to be provided a certificate of coverage, the
CONTRACTOR is representing to the OWNER that all employees of the CONTRACTOR who will provide services
on the Project will be covered by workers'compensation coverage for the duration of the Project,that the coverage
will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will
be filed with the appropriate insurance carrier or, in the case of a self-insured, with the commission's Division of
Self-Insurance Regulation. Providing false or misleading information may subject the CONTRACTOR to
administrative penalties, criminal penalties, civil penalties, or other civil actions.
5.2.11 The CONTRACTOR's failure to comply with any of these provisions is a breach of Contract by the
CONTRACTOR which entitles the OWNER to declare the Contract void if the CONTRACTOR does not remedy the
breach within ten (10)days after receipt of notice of breach from the OWNER.
5.3 Contractor Insurance Requirements:
For specific bond requirements and additional insurance requirements, refer to the Supplemental General
Conditions.
5.3.1.1 General Requirements:
.1 CONTRACTOR shall carry insurance in the types and amounts indicated below for the duration of
the Contract, which shall include items owned by OWNER in the care, custody and control of
CONTRACTOR prior to and during construction and warranty period.
.2 CONTRACTOR must complete and forward the required Certificates of Insurance to OWNER
before the Contract is executed as verification of coverage required below. CONTRACTOR shall
not commence Work until the required insurance is obtained and until such insurance has been
reviewed by OWNER. Approval of insurance by OWNER shall not relieve or decrease the liability
of CONTRACTOR hereunder and shall not be construed to be a limitation of liability on the part of
CONTRACTOR. CONTRACTOR must also complete and forward the required Certificates of
Insurance to OWNER whenever a previously identified policy period has expired as verification of
continuing coverage.
.3 CONTRACTOR's insurance coverage is to be written by companies licensed to do business in the
State of Texas at the time the policies are issued and shall be written by companies with A.M. Best
ratings of B+VII or better, except for hazardous material insurance which shall be written by
companies with A.M. Best ratings of A-or better.
00700 04-2020 Page 12 General Conditions
.4 All endorsements naming the OWNER as additional insured, waivers, and notices of cancellation
endorsements as well as the Certificate of Insurance shall indicate: City of Round Rock, 221 E.
Main St., Round Rock, Texas 78664.
.5 The "other" insurance clause shall not apply to the OWNER where the OWNER is an additional
insured she on any policy. It is intended that policies required in the Contract, covering both
OWNER and CONTRACTOR, shall be considered primary coverage as applicable.
.6 If insurance policies are not written for amounts specified below, CONTRACTOR shall carry
Umbrella or Excess Liability Insurance for any differences in amounts specified. If Excess Liability
Insurance is provided, it shall follow the for of the primary coverage.
.7 OWNER shall be etitle , upon request and without expense,to receive certified copies of policies
and endorsements thereto and may make any reasonable requests for deletion or revision or
modification of particular policy terms, conditions, limitations, or exclusions except where policy
provisions are established by law or regulations binding upon either of the parties hereto or the
underwriter on any such policies,
.8 OWNER reserves the right to review the insurance requirements set forth during the effective
period of this Contract and to make reasonable adjustments to insurance coverage, limits, and
exclusions when deemed necessary and prudent by OWNER based upon changes in statutory law,
court decisions, the claims history of the industry or financial condition of the insurance company
as well as CONTRACTOR.
.9 CONTRACTOR shall not cause any insurance to be canceled nor permit any insurance to lapse
during the term of the Contract or as required in the Contract.
.10 CONTRACTOR shall be responsible for premiums, deductibles and self-insured retentions, if any,
stated in policies. All deductibles or self-insured retentions shall be disclosed on the Certificate of
Insurance.
.11 CONTRACTOR shall provide OWNER thirty (30) days written notice of erosion of the aggregate
limits below occurrence limits for all applicable coverages indicted within the Contract
.12 If OWNER-owned property is being transported or stored off-site by CONTRACTOR, then the
appropriate property policy will be endorsed for transit and storage in an amount sufficient to protect
OWNER's property.
.13 The insurance coverages required under this contract are required minimums and are not intended
to limit the responsibility or liability of CONTRACTOR.
5.3. s! ss Automobile Liability Insurance.
Provide coverage for all owned, non-owned and hired vehicles. The policy shall contain the following
endorsements in favor of OWNER:
a) Waiver of Subrogation endorsement TE 2046A;
b) 30 day Notice of Cancellation endorsement TE 0202A; and
c) Additional Insured endorsement TE 9901 B.
Provide coverage in the following types and amounts:
00700 04-2020 Page 13 General Conditions
.1 A minimum combined single limit of$500,000 per occurrence for bodily injury and property damage.
Alternate acceptable limits are $250,000 bodily injury per person, $500,000 bodily injury per
occurrence and at least$100,000 property damage liability each accident.
5.3.1.3 Workers'Compensation and Employers'Liability Insurance:
Coverage shall be consistent with statutory benefits outlined in the Texas Workers' Compensation Act
(Section 401). CONTRACTOR shall assure compliance with this Statute by submitting two(2) copies of
a standard certificate of coverage (e.g. ACCORD form) to Owners Representative for every person
providing services on the Project as acceptable proof of coverage. The required Certificate of Insurance
must be presented as evidence of coverage for CONTRACTOR. Workers' Compensation Insurance
coverage written by the Texas Workers Compensation Fund is acceptable to OWNER. CONTRACTOR's
policy shall apply to the State of Texas and include these endorsements in favor of OWNER:
a) Waiver of Subrogation,form WC 420304; and
b) 30 day Notice of Cancellation, form WC 420601.
The minimum policy limits for Employers' Liability Insurance coverage shall be as follows:
.1 $100,000 bodily injury per accident, $500,000 bodily injury by disease policy limit and $100,000
bodily injury by disease each employee.
5.3.1.4 Commercial General Liability Insurance.
The Policy shall contain the following provisions:
a) Blanket contractual liability coverage for liability assumed under the Contract and all contracts
relative to this Project.
b) Completed Operations/Products Liability for the duration of the warranty period.
c) Explosion, Collapse and Underground (X, C & U)coverage.
d) Independent Contractors coverage.
e) Aggregate limits of insurance per project, endorsement CG 2503.
f) OWNER listed as an additional insured, endorsement CG 2010.
g) 30 day notice of cancellation in favor of OWNER, endorsement CG 0205.
h) Waiver of Transfer of Recovery Against Others in favor of OWNER, endorsement CG 2404.
Provide coverages A&B with minimum limits as follows:
.1 A combined bodily injury and property damage limit of$500,000 per occurrence.
5.3.1.5 Builders'Risk Insurance.
CONTRACTOR shall maintain Builders' Risk Insurance or Installation Insurance on an all risk physical
loss form in the Contract Amount. Coverage shall continue until the Work is accepted by OWNER.
OWNER shall be a loss payee on the policy. If off site storage is permitted, coverage shall include transit
and storage in an amount sufficient to protect property being transported or stored.
5.4 Bonds:
00700 04-2020 Page 14 General Conditions
51.4.1 General.
.1 Bonds, when required, shall be executed on forms furnished by or acceptable to OWNER. All
bonds signed by an agent must be accompanied by a certified copy of such agent's authority to
act.
.2 If the surety on any bond furnished by CONTRACTOR is declared bankrupt or becomes insolvent
or its right to do business is terminated in the State of Texas or it ceases to meet the requirements
of the preceding paragraph,CONTRACTOR shall within ten (10)days thereafter substitute another
bond and surety, both of which must be acceptable to OWNER.
.3 When Performance Bonds and/or Payment Bonds are required, each shall be issued in an amount
of one hundred percent (100%) of the Contract Amount as security for the faithful performance
and/or payment of all CONTRACTOR's obligations under the Contract Documents. Performance
Bonds and Payment Bonds shall be issued by a solvent surety company authorized to do business
in the State of Texas, and shall meet any other requirements established by law or by OWNER
pursuant to applicable law, Any surety duly authorized to do business in Texas may write
Performance and Payment Bonds on a project without reinsurance to the limit of 10 percent of its
capital and surplus. Such a surety must reinsure any obligations over 10 percent.
.4 If CONTRACTOR has failed to obtain or maintain a required bond, OWNER may exclude the
CONTRACTOR from the site of the Project and exercise OWNER's suspension and/or termination
rights under the Contract Documents.
5.4.2 Performance Bond.
.1 If the Contract Amount exceeds $100,000, CONTRACTOR shall furnish OWNER with a
Performance Bond in the for set out by OWNER.
.2 If the Contract Amount exceeds $25,000 but is less than or equal to $100,000, CONTRACTOR
shall furnish OWNER with a Performance Bond in the for set out by OWNER, unless the original
Contract Time is 60 Calendar Days/40 Working Days or less, in which case CONTRACTOR can
agree to the following terms and conditions for payment in lieu of providing a Performance Bond:
no money will be paid to CONTRACTOR until completion and acceptance of the or by OWNER;
CONTRACTOR shall be entitled to receive 95%of the Contract Amount following Final Completion,
and the remaining°/® of the Contract Amount following the one year warranty period.
.3 If the Contract Amount is less than or equal to $25,000, CONTRACTOR will not be required to
furnish a Performance Bond; provided that no money will be paid to CONTRACTOR until
completion and acceptance of the Work by OWNER under the following terms and conditions:
CONTRACTOR shall be entitled to receive 95%of the Contract Amount following Final Completion,
and the remaining%of the Contract Amount following the one year warranty period.
.4 If a Performance Bond is required to be furnished, it shall extend for the one year warranty period,
5A.3 Payment Bond.
.1 If the Contract Amount exceeds $50,000, CONTRACTOR shall furnish OWNER with a Payment
Bond in the for set out by OWNER.
.2 It the Contract Amount is less than or equal to $50,000, CONTRACTOR will not be required to
furnish a Payment Bond; provided that no money will be paid to CONTRACTOR until completion
and acceptance of the Work by OWNER under the terms and conditions specified in paragraph
5.4.2.3.
00700 04-2020 Page 15 General Conditions
ARTICLE 6-CONTRACTOR'S RESPONSIBILITIES
6.1 Supervision and Superintendence:
6.1.1 The CONTRACTOR shall supervise, inspect and direct the Work competently and efficiently,devoting such
attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance
with the Contract Documents. Unless otherwise directed by the OWNER in the Contract Documents, the
CONTRACTOR shall be solely responsible for the means, methods, techniques, sequences and procedures of
construction. The CONTRACTOR shall be responsible to see that the completed Work complies accurately with
the Contract Documents.
6.1.2 The CONTRACTOR shall have an English-speaking, competent Superintendent on the Work at all times
that work is in progress. Upon request of Owner's Representative, the CONTRACTOR shall present the resume
of the proposed Superintendent to Owner's Representative showing evidence of experience and successful
superintendence and direction of work of a similar scale and complexity. If, in the opinion of Owner's
Representative, the proposed Superintendent does not indicate sufficient experience in line with the Work, he/she
will not be allowed to be the designated Superintendent for the Work. The Superintendent shall not be replaced
without Written Notice to Owner's Representative. If the CONTRACTOR deems it necessary to replace the
Superintendent, the CONTRACTOR shall provide the necessary information for approval, as stated above, on the
proposed new Superintendent. A qualified substitute Superintendent may be designated in the event that the
designated Superintendent is temporarily away from the Work, but not to exceed a time limit acceptable to Owner's
Representative. The CONTRACTOR shall replace the Superintendent upon the OWNER's request in the event the
Superintendent is unable to perform to the OWNER's satisfaction. The Superintendent will be the CONTRACTOR's
representative on the Work and shall have the authority to act on behalf of the CONTRACTOR. All communications
given to the Superintendent shall be as binding as if given to the CONTRACTOR. Either the CONTRACTOR or the
Superintendent shall provide an emergency and home telephone number at which one or the other may be reached
if necessary when work is not in progress.
6.2 Labor, Materials and Equipment:
6.2.1 The CONTRACTOR agrees to employ only orderly and competent workers, skillful in performance of the
type of Work required under this Contract. The CONTRACTOR, Subcontractors, Sub-subcontractors, and their
employees may not use or possess any firearms, alcoholic or other intoxicating beverages, illegal drugs or
controlled substances while on the job or on the OWNER's property, nor may such workers be intoxicated, or under
the influence of alcohol or drugs,on the job. If the OWNER or Owner's Representative notifies the CONTRACTOR
that any worker is incompetent, disorderly or disobedient, has knowingly or repeatedly violated safety regulations,
has possessed any firearms, or has possessed or was under the influence of alcohol or drugs on the job, the
CONTRACTOR shall immediately remove such worker from performing Contract Work, and may not employ such
worker again on Contract Work without the OWNER's prior written consent. The CONTRACTOR shall at all times
maintain good discipline and order on or off the site in all matters pertaining to the Project. The CONTRACTOR
shall pay workers no less than the wage rates established in Section 00900, and maintain weekly payroll reports as
evidence thereof.
6.2.2 Unless otherwise specified, the CONTRACTOR shall provide and pay for all materials, equipment, labor,
transportation, construction equipment and machinery, tools, appliances, fuel, power, light, heat, telephone,water,
sanitary facilities, temporary facilities and all other facilities and incidentals necessary for the furnishing,
performance, re-testing of defective work, start-up and completion of the Work.
6.2.3 All materials and equipment shall be of good quality and new (including new products made of recycled
materials), except as otherwise provided in the Contract Documents. If required by Owner's Representative, the
CONTRACTOR shall furnish satisfactory evidence (reports of required tests, manufacturer's certificates of
compliance with material requirements, mill reports, etc.) as to the kind, quantity and quality of materials and
equipment. All materials and equipment shall be applied, installed, connected, erected, used, cleaned and
conditioned in accordance with instructions of the applicable Supplier,except as otherwise provided in the Contract
Documents.
00700 04-2020 Page 16 General Conditions
6.2.4 Substitutes and "Approved Equal" Items:
6.2.4.1 Whenever an its of material or equipment is specified or described in the Contract Documents by using
the name of a proprietary its or the name of a particular Supplier, the specification or description is intended to
establish the type,function and quality required. Unless the specification or description contains words reading that
no like, equivalent or"approved equal" its or no substitution is permitted, other items of material ore i ent of
other Suppliers may be submitted to Owner's Representative under the following circumstances:
.1 "Approved Equal": If, in the OWNER's sole discretion, an its of material or an its of equipment
proposed by the CONTRACTOR is functionally equal to that named and sufficiently similar so that no
change in related or will be required, it may be considered by the OWNER as an "approved equal"
item, in which case review of the proposed its may, in the OWNER's sole discretion, be accomplished
without compliance with some or all of the requirements for evaluation of proposed substitute items.
The CONTRACTOR shall provide the OWNER with the documentation required for the OWNER to
make its determination.
.2 Substitute Items: If, in the OWNER's sole discretion, an its of material or an its of equipment
proposed by the CONTRACTOR does not qualify as an "approved equal" its 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 its of material or its of equipment
proposed is essentially equivalent to that named and a substitute therefor.
6.2.4.2 Substitute Construction Methods and Procedures: If a specific means, method, technique, sequence or
procedure of construction is shown or indicated in and expressly required by the Contract Documents, the
CONTRACTOR may with prior approval of the OWNER furnish or utilize a substitute means, method, technique,
sequence, or procedure of construction. The CONTRACTOR shall submit sufficient information to Owner's
Representative to allow the OWNER, in the OWNER's sole discretion, to determine that the substitute proposed is
equivalent to that expressly called for by the Contract Documents.
6.2.4.3 OWNER's Evaluation: The OWNER will be allowed a reasonable time within which to evaluate each
proposal or submittal made pursuant to paragraph 6.2.4.11 and paragraph 6.2.4.1.2. The OWNER will be the sole
judge of acceptability. No"approved equal"or substitute shall be ordered, installed, or utilized until the OWNER's
review is complete, which will be evidenced by either a Change Order or completion of the Shop Drawing review
procedure. The OWNER may require the CONTRACTOR to furnish at the CONTRACTOR's expense a special
performance guarantee or other surety bond with respect to any"approved equal"or substitute. The OWNER shall
not be responsible for any delay due to review time for any"approved equal"or substitute.
CONTRACTOR's Expense: All data to be provided by the CONTRACTOR in support of any proposed
..approved equal"or substitute its will be at the CONTRACTOR's expense.
6.2.5 The CONTRACTOR agrees to assign to the OWNER any rights it may have to bring antitrust suits against
its Suppliers for overcharges on materials incorporated in the Project growing out of illegal price fixing agreements,
The CONTRACTOR further agrees to cooperate with the OWNER should the OWNER wish to prosecute suits
against Suppliers for illegal price fixing.
6.3 Progress Schedule'.
Unless otherwise directed, the CONTRACTOR shall adhere to the progress schedule established in accordance
with paragraph 2.6 as it may be adjusted from time to time as provided below:
.1 The CONTRACTOR shall submit to Owner's Representative for acceptance proposed adjustments in
the progress schedule that will not change the Contract Times or Milestones. Such adjustments will
conform generally to the progress schedule then in effect.
00700 04-2020 Page 17 General Conditions
.2 Proposed adjustments in the progress schedule that will change the Contract Times or Milestones shall
be submitted in accordance with the requirements of Article 12. Such adjustments may only be made
by a Change Order or Time Extension Request in accordance with Article 12.
6.4 Concerning Subcontractors, Suppliers and Others:
6.4.1 Assignment: The CONTRACTOR agrees to retain direct control of and give direct attention to the fulfillment
of this Contract. The CONTRACTOR agrees not to,by Power of Attorney or otherwise,assign said Contract without
the prior written consent of the OWNER.
6.4.2 Award of Subcontracts for Portions of the Work: The CONTRACTOR shall not employ any Subcontractor,
Supplier or other person or organization, whether initially or as a substitute, against whom the OWNER may have
reasonable objection. The CONTRACTOR must provide the OWNER with a list of all Subcontractors, Suppliers,
or other persons or organizations it will use in the Work, and such list must be provided prior to the preconstruction
conference. Should the OWNER have objections,the OWNER will communicate such objections by Written Notice.
If the OWNER requires a change without good cause of any Subcontractor, person or organization previously
accepted by OWNER,the Contract Amount may be increased or decreased by the difference in the cost occasioned
by any such change, and an appropriate Change Order shall be issued. The CONTRACTOR shall not substitute
any Subcontractor, person or organization that has been accepted by the OWNER, unless the substitute has been
accepted in writing by the OWNER. No acceptance by the OWNER of any Subcontractor, Supplier or other person
or organization shall constitute a waiver of any right of the OWNER to reject defective Work.
6.4.3 The CONTRACTOR shall enter into written agreements with all Subcontractors and Suppliers which
specifically bind the Subcontractors or Suppliers to the applicable terms and conditions of the Contract Documents
for the benefit of the OWNER and EIA. The OWNER reserves the right to specify that certain requirements shall
be adhered to by all Subcontractors and Sub-subcontractors as indicated in other portions of the Contract
Documents and these requirements shall be made a portion of the agreement between the CONTRACTOR and
Subcontractor or Supplier.
6.4.4 The CONTRACTOR shall be fully responsible to the OWNER for all acts and omissions of the
Subcontractors, Suppliers and other persons and organizations performing or furnishing any of the Work under a
direct or indirect contract with the CONTRACTOR just as the CONTRACTOR is responsible for the
CONTRACTOR's own acts and omissions. Nothing in the Contract Documents shall create for the benefit of any
such Subcontractor, Supplier or other person or organization any contractual relationship between the OWNER and
any such Subcontractor, Supplier or other person or organization, nor shall it create any obligation on the part of
the OWNER or EIA to pay or to see to the payment of any amounts due any such Subcontractor, Supplier or other
person or organization except as may otherwise be required by laws and regulations.
6.4.5 The CONTRACTOR shall be solely responsible for scheduling and coordinating the Work of
Subcontractors, Suppliers and other persons and organizations performing or furnishing any of the Work under a
direct or indirect contract with the CONTRACTOR. The CONTRACTOR shall require all Subcontractors, Suppliers
and such other persons and organizations performing or furnishing any of the Work to communicate with Owners
Representative through the CONTRACTOR.
6.4.6 The divisions and sections of the Specifications and the identifications of any Drawings shall not control the
CONTRACTOR in dividing or delineating the Work to be performed by any specific trade.
6.4.7 The CONTRACTOR shall pay each Subcontractor and Supplier their appropriate share of payments made
to the CONTRACTOR not later than ten(10)Days after the CONTRACTOR's receipt of payment from the OWNER.
6.5 Patent Fees and Royalties:
6.5.1 The CONTRACTOR shall be responsible at all times for compliance with applicable patents or copyrights
encompassing, in whole or in part, any design, device, material, or process utilized, directly or indirectly, in the
performance of the Work or the formulation or presentation of its Bid.
00700 04-2020 Page 18 General Conditions
6.5.2 The CONTRACTOR shall pay all royalties and license fees and shall provide, prior to commencement of
Work hereunder and at all times during the performance of same, for lawful use of any design, device, material or
process covered by letters, patent or copyright by suitable legal agreement with the patentee, copyright holder, or
their duly authorized representative whether or 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 Work or otherwise arising in connection therewith.
The OWNER reserves the right to provide its own defense, with counsel of its own choosing,to any suit or claim of
infringement of any patent or copyright in 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.
6.5.4 The OWNER shall have the right to stop the Work and/or terminate this Agreement at any time in the event
the CONTRACTOR fails to disclose to the OWNER that the CONTRACTOR's work methodology includes the use
of any infringing design, device, material or process.
6.6 Permits, Fees:
Unless otherwise provided in the Supplemental General Conditions, the CONTRACTOR shall obtain and pay for
aIl construction permits, licenses and fees required for prosecution of the Work.
OWNER will obtain and pay for the following permits, licenses and/or fees, if required:
.1 Site Development Permit.
.2 Building Permit(s).
.3 Texas Department of Transportation permit for work in State rights-of-way.
.4 Railroad Utility License Agreement.
6.7 Laws and Regulations:
6.7.1 The CONTRACTOR shall give all notices and comply with all laws and regulations applicable to furnishing
and performing the Work. Except where otherwise expressly required by applicable laws and regulations, neither
the OWNER nor E/A shall be responsible for monitoring the CT 's compliance with any laws and
regulations.
6.7.2 The CONTRACTOR shall plan and execute its operations in compliance with all applicable Federal, State
and local laws and regulations, including those concerning control and abatement of water pollution and prevention
and control of air pollution.
6.7.3 If the CONTRACTOR performs any Work that it is contrary to laws or regulations,then the CONTRACTOR
shall bear and shall indemnify, defend and hold OWNER harmless from all claims, costs, losses and damages
arising therefrom; however, it shall not be the CONTRACTOR's primary responsibility to make certain that the
Specifications and Drawings are in accordance with laws and regulations, but this does not relieve the
CONTRACTOR of the CONTRACTOR's obligations under Article 3.
6.8 Taxes:
6.8.1 The CONTRACTOR shall pay all sales, consumer, use and other similar taxes required to be paid by the
CONTRACTOR in accordance with the laws and regulations of the State of Texas.
00700 04-2020 Page 19 General Conditions
6.8.2 The OWNER is an exempt organization as defined by Chapter 11 of the Property Tax Code of Texas and
is thereby exempt from payment of Sales Tax under Chapter 151, Limited Use Sales, Excise and Use Tax, Texas
Tax Code, and Chapter 321, Texas Tax Code.
6.9 Use of Premises:
6.9.1 The CONTRACTOR shall confine construction equipment, the storage of materials and equipment and the
operations of workers to the site and land and areas identified in and permitted by the Contract Documents and
other land and areas permitted by laws and regulations, rights-of-way, permits and easements, and shall not
unreasonably encumber the premises with construction equipment or other materials or equipment. The
CONTRACTOR shall assume full responsibility for any damage to any such land or area, or to the owner or
occupant thereof or of any adjacent land or areas, resulting from the performance of the Work. Should any claim
be made by any such owner or occupant because of the performance of the Work, the CONTRACTOR shall
promptly settle with such other party by negotiation or otherwise resolve the claim by dispute resolution proceeding
or at law. The CONTRACTOR shall indemnify, defend and hold harmless the OWNER, EIA, E/A's consultants and
anyone directly or indirectly employed by any of them from and against all claims, costs, losses and damages
(including court costs and reasonable attorneys' fees) arising out of or resulting from any claim or action, legal or
equitable, brought by any such owner or occupant against the OWNER, EIA or any other party indemnified
hereunder to the extent caused by or based upon performance of the Work or failure to perform the Work.
6.9.2 During the progress of the Work and on a daily basis, the CONTRACTOR shall keep the premises free
from accumulations of waste materials, rubbish and other debris resulting from the Work. At the completion of the
Work, the CONTRACTOR shall remove all waste materials, rubbish and debris from and about the premises as
well as all tools, appliances, construction equipment and machinery and surplus materials. The CONTRACTOR
shall leave the site clean and ready for occupancy by the OWNER at Substantial Completion of the Work. The
CONTRACTOR shall, at a minimum, restore to original condition all property not designated for alteration by the
Contact Documents.
6.9.3 The CONTRACTOR shall not load nor permit any part of any structure to be loaded in any manner that will
endanger the structure, nor shall the CONTRACTOR subject any part of the Work or adjacent property to stresses
or pressures that will endanger it.
6.10 Record Documents:
The CONTRACTOR shall maintain in a safe place at the site, or other location acceptable to the OWNER, one(1)
record copy of all Drawings, Specifications,Addenda, Change Orders,Change Directives, Field Orders and written
interpretations and clarifications (issued pursuant to paragraph 9.5) in good order and annotated to show all
changes made during construction. These record documents, together with all final samples and all final Shop
Drawings,will be available to the OWNER and EIA for reference during performance of the Work. Upon Substantial
Completion of the Work, these record documents, samples and Shop Drawings showing the final "as built"
construction of the Project shall be promptly delivered to Owner's Representative.
6.11 Safety and Protection:
6.11.1 The CONTRACTOR shall be responsible for initiating, maintaining and supervising all safety precautions
and programs in connection with the Work. Upon request,and prior to installation of measures,the CONTRACTOR
shall submit a site security and safety plan for approval by the OWNER. By reviewing the plan or making
recommendations or comments, the OWNER will not assume liability nor will the CONTRACTOR be relieved of
liability for damage, injury or loss. The CONTRACTOR shall take all necessary precautions for the safety of and
shall provide the necessary protection to prevent damage, injury or loss to:
.1 all persons on the Work site or who may be affected by the Work;
.2 all the Work and materials and equipment to be incorporated therein, whether in storage on or off the
site; and
00700 04-2020 Page 20 General Conditions
other property at the site or adjacent thereto, including but not limited t , trees, shrubs, lawns, walks„
pavements, roadways, structures, utilities and underground facilities not designated for removal.
relocation or replacement in the course of construction.
6.11.2 The CONTRACTOR shall comply with all applicable laws and regulations of any public body having
jurisdiction for safety of personsr property or to protect them from e, injury r loss; and shall erect and
maintain I necessary safeguards for such safety and protection. The CONTRACTOR shall notify owners of
adjacent property and of underground facilities, and utility owners hen prosecution of the Work may affect them,
and shall cooperate with them in the protection, removal, relocation and replacement of their property. All damage,
injury or loss to any property referred to in paragraph 6.11.1.2 and paragraph .11 A.3 caused, directly or indirectly,
in whole or in part, by the CONTRACTOR, Subcontractor, Supplier or any person or organization irectly or
indirectly employed y any of them to perform or furnish any of the Work or anyone for whose acts any of them may
be responsible, shall be remedied by the CONTRACTOR (except a e or loss attributable tote fault o
Drawings or Specifications or to the acts oromissions of the OWNER, or E/A, or EIA's consultant or anyone
employed by any of them or anyone for whose acts any of them may be responsible, and not attributable, directly
or indirectly, in whole or in part,to the faults or negligence of the CONTRACTOR or any Subcontractor, Supplier or
other person or organization directly or indirectly employed by any of them), The CT 's duties and
responsibilities for safety and protection of the Work shall continue until such time as all the Work is completed
Owner's Representative has issued a notice to the OWNER andthe CONTRACTOR in accordanceit rticle 14
that the Work is acceptable(except as otherwise expressly provided in connection it Substantial Completion).
6.11.3 Safety Representative: The CONTRACTOR shall designate a qualified and experienced safety
representative at the site whose duties and responsibilities al!be the prevention of accidents and the maintaining
and supervising of safety precautions and programs. Upon request of the OWNER, the CONTRACTOR shall
provide certifications or other documentation of the safety representative's qualifications. At a minimum, the safety
representative shall have received the OSHA thirty ( 0) hour training and a certificate evi nci that the safety
representative has received such training withi the last five (5) years shall be provided to the 's
representative.
6.11.4 HazardCommunication Programs: The CONTRACTOR shall be responsible for coordinating any
exchange of material safety data sheets or other hazard communication information required to be made available
to or exchanged betweenor among employers at the site in accordance with laws and regulations,
11.5 Emer encies:
6.11-5.1 In emergencies affecting the safety or protection of persons or the Work at the site or adjacent thereto,
the CONTRACTOR, without special instruction or authorization from the OWNER or EIA, is obligated to act
reasonably to prevent threatened damage, injury r loss and to mitigate damageor loss to the Work. The
CONTRACTOR shall giveOwner's Representative prompt written notice if the CONTRACTOR believes that any
significant changes in the Work or variations from the Contract Documents have been caused thereby. If Owner's
Representative determines that a change in the Contract Documents is required because of the action taken by the
CONTRACTOR in response to such anemergency,a Change Directive or Chane Order will be issued to document
the consequences of suchaction; otherwise the OWNER will not be responsible for the T 's
emergency ction.
1 .5.2 Autoried agents of the CONTRACTOR shall respond immediately to call-out at any time of any day
or night when circumstances warrant the presence on Project site of the CONTRACTOR or its agent to protect the
Work or adjacent property from m , restriction or limitation or to take such action or measures pertainingto
the Work as may be necessary to provide for the safety of the public. Should the CONTRACTOR and/or its agent
fail to respond and take action to alleviate such anemergency situ tion, the OWNER may direct other forces to
take action as necessary to remedy the emergency condition,and the OWNER will deduct any cost of such remedial
action from the funds due to the CONTRACTOR under this Contract.
1.5.3 In the event there is an accident involving injury to any individual on or near the Work, the
CONTRACTOR shall notify Owner's presentative withintwenty-four (2 ) hours of the event and shall be
responsible for recording the location of the event and the circumstances surrounding the event through
00700 04-2020 Page 21 General Conditions
photographs, interviewing witnesses, obtaining medical reports and other documentation that describes the event.
Copies of such documentation shall be provided to Owner's Representative, for the OWNER's and E/A's records,
within forty-eight(48) hours of the event.
6.12 Continuing the Work:
The CONTRACTOR shall carry on the Work and adhere to the progress schedule during all disputes or
disagreements with the OWNER. No Work shall be delayed or postponed pending resolution of any disputes or
disagreements, except as the OWNER and the CONTRACTOR may agree in writing.
6.13 CONTRACTOR's General Warranty and Guarantee:
6.13.1 The CONTRACTOR warrants and guarantees to the OWNER that all Work will be performed in a good and
workmanlike manner in accordance with the Contract Documents and will not be defective. The CONTRACTOR's
warranty and guarantee hereunder excludes defects or damage caused by:
.1 abuse, modification or improper maintenance or operation by persons other than the CONTRACTOR,
Subcontractors or Suppliers; or
.2 normal wear and tear under normal usage.
6.13.2 The CONTRACTOR's obligation to perform and complete the Work in a good and workmanlike manner in
accordance with the Contract Documents shall be absolute. None of the following will constitute acceptance of
Work not in accordance with the Contract Documents or a release of the CONTRACTOR's obligation to perform
the Work in accordance with the Contract Documents:
.1 observations by Owner's Representative and/or E/A;
.2 recommendation of any progress or final payment by Owner's Representative;
.3 the issuance of a certificate of Substantial Completion or any payment by the OWNER to the
CONTRACTOR under the Contract Documents;
.4 use or occupancy of the Work or any part thereof by the OWNER;
.5 any acceptance by the OWNER or any failure to do so;
.6 any review of a Shop Drawing or sample submittal;
.7 any inspection, test or approval by others; or
.8 any correction of defective Work by the OWNER.
.9 the failure of the OWNER, E/A or any other person or entity acting on behalf of the OWNER or E/A to
observe, detect or discover any defect in the Work or any non-conformance of the Work with any
requirement of the Contract Documents.
CONTRACTOR hereby waives any claim or defense to any claim by the OWNER that any failure by the
OWNER, E/A, or any other person or entity acting on behalf of the OWNER or E/A to observe, detect or
discover any defect in the Work relieves or releases, in whole or in part, CONTRACTOR from any
obligations or responsibility for the correction of such defects or any other obligation of CONTRACTOR
under the Contract Documents.
6.14 Indemnification:
00700 04-2020 Page 22 General Conditions
6.14.1 TO THE FULLEST EXTENT PERMITTED BY LAW,AND IN ADDITIONTO ANY OTHER OBLIGATIONS
OF CONTRACTOR UNDER THE CONTRACT T I , CONTRACTOR SHALL INDEMNIFY,
AND HOLD HARMLESS , ITS COUNCIL MEMBERS , EMPLOYEES, AGENTS, AND CONSULTANTS
INCLUDING, BUT NOT LIMITED T t (T "INDEMNIFIED PARTIES" INDEMNIFIED T ",
FROM AND AGAINST ALL CLAIMS, COSTS, L (INCLUDING BUT NOT LIMITED T
ALL FEES AND CHARGES OF ENGINEERS, I TS, ATTORNEYS, CONSULTANTS, EXPERTS AND
OTHERI L C ALLC T OR ARBITRATIONT IRESOLUTION COSTS)
ARISING T OF OR RELATINGTHE PERFORMANCE OF THE WORK, REGARDLESSWHETHER
SUCH CLAIMS, , LOSSES, AND DAMAGES ARE CAUSED, IN WHOLEIN PARTY T ,
ACTIONS, I f INDEMNIFIED T .
BECAUSE OWNER IS ICIP LI ,THE TERMS AND PROVISIONS F SUBCHAPTER C OF CHAPTER
151 OF THE TEXAS I ("CHAPTER 151") DOES NOT APPLY TO THE OWNER. I ,
HOWEVER, Y PROVISION OF CHAPTER 151 APPLIES TO THE OWNER, IT IS THE INTENT OF THE
OWNER T IF THE PROVISIONSHT 151 DO APPLY, NOTHING I LL IMPOSE
REQUIREMENTS T CT THAT ARE PROHIBITEDPT 151 AND THAT ANY OF THE
PROVISIONS THAT ARE NOT PROHIBITED BY CHAPT 151 SHALL REMAIN IN FULL FORCE
AND EFFECT. ACCORDINGLY, IN THE EVENT THAT IN CONSTRUINGINTERPRETING THE
CONTRACT DOCUMENTS, A COURT OF COMPETENT JURISDICTION OR, OF APPLICABLE, AN
ARBITRATOR, TE I E THAT CHAPTER 151 APPLIES TO THE , THEN THE COURT OR
ARBITRATORLL REFORM THE PROVISIONSPLY WITH CHAPTER151 AND
SUCH REFORMATION SHALL NOT AFFECT THE VALIDITY OF ANY PROVISIONSTHAT ARE NOT
PROHIBITED T 151.
6.14.2 The indemnification obligation under paragraph 6.14.1 shall not be limited in any way by any limitation on
the amount or type of damages, or compensation or benefits payable by or for the CONTRACTOR or any such
Subcontractor, Supplier or other person or organization under workers'compensation acts, disability benefit acts or
other employee benefit acts.
6.14.3 The obligations of the CONTRACTOR under paragraph 6.14.1 shall not extend to the liability of the
OWNER, EIA, EIA's consultants, and their officers,, directors„ partners, employees or agents caused primarily by
negligent preparation of maps„ drawings, surveys designs or specifications upon which is placed the applicable
state-authorized design professional seal of the OWNER's, /A's or /A's consultant's officers, directors, partners,
employees or agents.
6.14.4 In the event the CONTRACTOR fails to follow the OWNER's directives concerning use of the site,
scheduling or course of construction, or engages in other conduct which proximately causes damage to property
based on inverse condemnation or otherwise, then and in that event„ the CONTRACTOR shall indemnify the
OWNER against all costs resulting from such claims.
6.14.5 In the event the CONTRACTOR unreasonably delays progress of the work being done by others on the
site so as to cause loss for which the OWNER becomes liable then the CONTRACTOR shall reimburse the
OWNER for such loss.
6.15 Survival of Obligations:
All representations. indemnifications„warranties and guarantees made in, required by or given in accordance with
the Contract Documents as well as all continu%ng obligations indicated in the Contract Documents,will survive final
payment, completion and acceptance of the Work and termination or completion of the Agreement.
6.16 Losses from Natural Causes:
Unless otherwise specified, all loss or damage to the CONTRAC1rOR arising out of the nature of the Work to be
done or from action of the elements,floods or from unforeseeable circumstances in prosecution of the Work or from
00700 0 -2020 Page 23 General Conditions
unusual obstructions or difficulties which may be encountered in prosecution of the Work, shall be sustained and
borne by the CONTRACTOR at its own cost and expense.
6.17 Notice of Claim:
Should the CONTRACTOR suffer injury or damage to person or property because of any error, omission or act of
the OWNER or of any of the OWNER's employees or agents or others for whose acts the OWNER is liable,a Claim
will be made to the other party within thirty (30) calendar days of the event giving rise to such injury or damage.
The provisions of this paragraph 6.17 shall not be construed as a substitute for or a waiver of the provisions of any
applicable statute of limitations, statute of repose, or any other provision of the Contract Documents.
6.18 Liquidated Damages:
At set forth in the Agreement,paragraph 1.2,the CONTRACTOR or its Surety shall be liable for Liquidated Damages
for the CONTRACTOR's failure to timely complete the Work or any portion thereof within the Contract Time. See
Supplemental Conditions for amount of Liquidated Damages.
ARTICLE 7 -OTHER WORK
7.1 The OWNER may perform other work related to the Project at the site by the OWNER's own forces, or let
other contracts therefor, or have other work performed by utility owners. If the CONTRACTOR believes that delay
or additional cost is involved because of such action by the OWNER, the CONTRACTOR may make a Claim as
provided in Article 11 or Article 12.
7.2 The CONTRACTOR shall afford other contractors who are in a contract with the OWNER and each utility
owner (and the OWNER, if the OWNER is performing the additional work with the OWNER's employees) proper
and safe access to the site and a reasonable opportunity for the introduction and storage of materials and equipment
and the execution of such other work and shall properly connect and coordinate the Work with theirs. Unless
otherwise provided in the Contract Documents, the CONTRACTOR shall do all cutting, fitting and patching of the
Work that may be required to make its several parts come together properly and integrate with such other work.
The CONTRACTOR shall not endanger any work of others by cutting, excavating or otherwise altering their work
and will only cut or alter their work with the written consent of Owner's Representative and the other contractors
whose work will be affected. The CONTRACTOR shall promptly remedy damage caused by the CONTRACTOR
to completed or partially completed construction or to property of the OWNER or separate contractors.
7.3 If the proper execution or results of any part of the CONTRACTOR's Work depends upon work performed
by others under this Article 7, the CONTRACTOR shall inspect such other work and promptly report to Owner's
Representative in writing any delays, defects or deficiencies in such other work that render it unavailable or
unsuitable for the proper execution and results of the CONTRACTOR's Work. The CONTRACTOR's failure to
report will constitute an acceptance of such other work as fit and proper for integration with the CONTRACTOR's
Work except for latent or non-apparent defects and deficiencies in such other work.
7.4 The OWNER small provide for coordination of the activities of the OWNER's own forces and of each
separate contractor with the Work of the CONTRACTOR, who shall cooperate with them. The CONTRACTOR
shall participate with other separate contractors and Owners Representative in reviewing their construction
schedules when directed to do so. The CONTRACTOR shall make any revisions to the construction schedule
deemed necessary after a joint review and mutual agreement. The construction schedules shall then constitute the
schedules to be used by the CONTRACTOR, separate contractors and the OWNER until subsequently revised.
7.5 Unless otherwise stated herein, costs caused by delays or by improperly timed activities or defective
construction shall be borne by the party responsible therefor.
7.6 If CONTRACTOR damages,delays,disrupts or interferes with the work of any other contractor,or any utility
owner performing other work at or adjacent to the site of the Project, through CONTRACTOR's failure to take
reasonable and customary measures to avoid such impacts,or if any claim arising out of CONTRACTOR's actions,
00700 04-2020 Page 24 General Conditions
inactions or negligence in performance of the or at or adjacent to the site of the Project is made by any such
other contractor or utility owner against CONTRACTOR, OWNER, or E/A, then CONTRACTOR shall (1) promptly
attempt to settle the claim as to all parties through negotiations with such other contractor or utility owner, or
otherwise resolve the claim by arbitration or other dispute resolution proceeding or at law, and(2)INDEMNIFY AND
HOLD HARMLESS THE INDEMNIFIED PARTIES, INCLUDING, BUT NOT LIMITED TO THE E/A FROM AND
AGAINST ANY SUCH CLAIMS,AND AGAINST ALL COSTS,LOSSES,AND DAMAGES(INCLUDING BUT NOT
LIMITED TO ALL FEES AND CHARGES OF ENGINEERS, ARCHITECTS, ATTORNEYS, AND OTHER
PROFESSIONALS AND ALL COURT OR ARBITRATION OR OTHER DISPUTE RESOLUTION COSTS)
ARISING OUT OF OR RELATING TO SUCH DAMAGE, DELAY, DISRUPTION, OR INTERFERENCE.
ARTICLE 8-OWNER'S RESPONSIBILITIES
8.1 Prior to the start of construction, the OWNER will designate in writing a person or entity to act as Owners
Representative during construction. Except as otherwise provided in these General Conditions, the OWNER shall
issue all communications to the CONTRACTOR through Owner's Representative.
8.2 The OWNER will not supervise, direct, control or have authority over or be responsible for the
CONTRACTOR's means, methods, techniques, sequences or procedures of construction or the safety precautions
and programs incident thereto, The OWNER is not responsible for any failure of the CONTRACTOR to comply with
laws and regulations applicable to furnishing or performing the Work. The OWNER is not responsible for the
CONTRACTOR's failure to perform or furnish the Work in accordance with the Contract Documents. Failure or
omission of the OWNER to discover, or object to or condemn any defective Work or material shall not release the
CONTRACTOR from the obligation to properly and fully perform the Contract.
8.3 The OWNER is not responsible for the acts or omissions of the CONTRACTOR, or of any Subcontractor,
any Supplier, or of any other person or organization performing or furnishing any of the Work.
8.4 Information or services under the OWNER's control shall be furnished by the OWNER with reasonable
promptness to avoid delay in the orderly progress of the Work.
8.5 The foregoing are in addition to other duties and responsibilities of the OWNER enumerated herein and
especially those in respect to Article 4 (Availability of Lands; Subsurface and Physical Conditions; Reference
Points),Article 7 (Other Work)and Article 14 (Payments to the CONTRACTOR and Completion).
8.6 Notice of Claim:
Should the OWNER suffer injury or damage to person or property because of any error, omission or act of the
CONTRACTOR or of any of the CONTRACTOR's employees or agents or others for whose acts the
CONTRACTOR is liable, a notice of such injury or damage will be sent to the CONTRACTOR within thirty (30)
calendar days of the event giving rise to such injury or damage. The provisions of this paragraph 8.6 shall not be
construed as a substitute for or a waiver of the provisions of any applicable statute of limitations or statute of repose.
8.7 The OWNER is not responsible for the CONTRACTOR's failure to perform or furnish the Work in
accordance with the Contract Documents, The failure oro ission 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 oro issions
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 -ENGITECT'S STATUS DURING CONSTRUCTION
9.1 E/A's Authority and Responsibilities:
9.1.1 The duties and responsibilities and the limitations of authority of E/A during construction are set forth in the
Contract Documents and shall not bee ended without written consent of the OWNER and EIA. The assignment
00700 04-2020 Page 25 General Conditions
of any authority, duties or responsibilities to EIA under the Contract Documents, or under any agreement between
the OWNER and EIA, or any undertaking, exercise or performance thereof by EIA, is intended to be for the sole
and exclusive benefit of the OWNER and is not for the benefit of the CONTRACTOR, Subcontractor, Sub-
subcontractor, Supplier, or any other person or organization,or for any surety or employee or agent of any of them.
9.1.2 EIA will not supervise, direct, control or have authority over or be responsible for the CONTRACTOR's
means, methods, techniques, sequences or procedures of construction, or the safety precautions and programs
incident thereto. EIA is not responsible for any failure of the CONTRACTOR to comply with laws and regulations
applicable to the furnishing or performing the Work. EIA is not responsible for the CONTRACTOR's failure to
perform or furnish the Work in accordance with the Contract Documents. Failure or omission of EIA to discover, or
object to or condemn any defective Work or material shall not release the CONTRACTOR from the obligation to
properly and fully perform the Work.
9.1.3 EIA is not responsible for the acts or omissions of the CONTRACTOR, or of any Subcontractor, any
Supplier, or of any other person or organization performing or furnishing any of the Work.
9.1.4 If the OWNER so directs, EIA will review the final Application for Payment and accompanying
documentation and all maintenance and operating instructions, schedules, guarantees, bonds and certificates of
inspection,tests and approvals and other documentation required to be delivered by Article 14,but only to determine
generally that their content complies with the requirements of, and in the case of certificates of inspections, tests
and approvals that the results certified indicate compliance with, the Contract Documents.
9.1.5 The limitations upon authority and responsibility set forth in this paragraph 9.1 shall also apply to E/A's
Consultants, Resident Project Representative and assistants.
9.2 E/A as Owner's Representative:
9.2.1 E/A may be designated as Owner's Representative under paragraph 8.1.
9.3 Visits to Site:
If the OWNER so directs, E/A will make visits to the site at intervals appropriate to the various stages of construction
as is necessary in order to observe as an experienced and qualified design professional the progress that has been
made and the quality of the various aspects of the CONTRACTOR's executed Work. Based on information obtained
during such visits and observations, E/A will endeavor for the benefit of the OWNER to determine if the Work is
proceeding in accordance with the Contract Documents. EIA will not be required to make exhaustive or continuous
on-site inspections to check the quality or quantity of the Work. E/A's efforts will be directed toward providing for
the OWNER a greater degree of confidence that the completed Work will conform to the Contract Documents. On
the basis of such visits and on-site observations, EIA will keep the OWNER informed of the progress of the Work
and will endeavor to guard the OWNER against defective Work. E/A's visits and on-site observations are subject
to all the limitations on E/A's authority and responsibility set forth in paragraph 9.1.
9.4 Project Representative:
If the OWNER and E/A agree, EIA will furnish a Resident Project Representative to assist EIA in providing more
continuous observation of the Work. The responsibilities and authority and limitations of any such Resident Project
Representative and assistants will be as provided in paragraph 9.1 and in the Supplemental General Conditions.
The OWNER may designate another representative or agent to represent the OWNER at the site who is not EIA,
E/A's consultant, agent or employee.
9.5 Clarifications and Interpretations:
EIA may determine that written clarifications or interpretations of the requirements of the Contract Documents {in
the form of drawings or otherwise} are necessary. Such written clarifications or interpretations will be consistent
with the intent of and reasonably inferable from the Contract Documents,will be issued with reasonable promptness
by Owner's Representative and will be binding on the OWNER and the CONTRACTOR. If the OWNER or the
00700 04-2020 Page 26 General Conditions
CONTRACTOR believes that a written clarification or interpretation justifies an adjustment in the Contract Amount
or the Contract Times, the OWNER or the CONTRACTOR may make a Claim therefor as provided in Article 11 or
Article 12.
9.6 Rejecting Defective Work:
E/A may recommend that the OWNER disapprove or reject or which EIA believes to be defective, or believes
will not produce a completed Project that conforms to the Contract Documents or will prejudice the integrity of the
design concept of the completed Project as a functioning whole as indicated by the Contract Documents.
ARTICLE 10 -CHANGES IN THE WORK
10.1 Changes:
1 .1.1 Without invalidating the Contract and without notice to any surety, the OWNER, at anytime or from time to
time, may order additions, deletions or revisions in the Work. Such changes in the Work will be authorized by
Change Order, Change Directive or Field Order.
10.1.2 Changes in the Work shall be performed under applicable provisions of the Contract Documents, and the
CONTRACTOR shall proceed promptly, unless otherwise provided in the Change Order, Change Directive or Field
Order.
10.1.3 The CONTRACTOR shall not be entitled to an increase in the Contract Amount or an extension of the
Contract Times with respect to any Work performed that is not required by the Contract Documents as arnended,,
modified and supplemented as provided in paragraph 3.3.1 and paragraph 3.3.2, except in the case of an
emergency as provided in paragraph 6.11.5 or in the case of uncovering Work as provided in paragraph 13.4.
10.1.4 Except in the case of an emergency as provided in paragraph 6.11.5, a Change Order or Change Directive
is required before the CONTRACTOR commences any activities associated with a change in the Work which, in
the CONTRACTOR's opinion,will result in a change in the Contract Amount and/or Contract Times.
10.1.5 If notice of any change affecting the general scope of the Work or the provisions of the Contract Documents
(including, but not limited to, Contract Amount or Contract Times) is required by the provisions of any and to be
given to a surety, the giving of any such notice will be the CONTRACTOR's responsibility, and thea of of each
applicable and will be adjusted accordingly.
10.2 Change Orders:
10.2.1 The OWNER and the CONTRACTOR shall execute appropriate written Change Orders covering:
.1 a change in the Work;
.2
thea ount of thea just et in the Contract Amount, if any; and
.3 the extent of the adjustment in the Contract Time, if any,
10.2.2 An executed Change Order shall represent the complete, equitable, and final amount of adjustment in the
Contract Amount and/or Contract Time owed to the CONTRACTOR or the OWNER as a result of the occurrence
or event causing the change in the Work encompassed by the Change Order.
10.3 Change Directives:
10.3.1 The OWNER may by written Change Directive,without invalidating the Contract,order changes in the Work
within the general scope of the Contract consisting of additions, deletions or other revisions, the Contract Amount
00700 04-2020 Page 27 General Conditions
and Contract Time being adjusted as necessary. A Change Directive shall be used in the absence of complete and
prompt agreement on the terms of a Change Order.
10.3.2 If the Change Directive provides for an adjustment to the Contract Amount, the adjustment shall be based
on the method provided for in paragraph 11.5.
10.3.3 A Change Directive shall be recorded later by preparation and execution of an appropriate Change Order.
10.3.4 Upon receipt of a Change Directive, CONTRACTOR shall promptly proceed with the change in the Work
involved.
10.4 Field Order:
10.4.1 Owner's Representative may authorize minor variations in the Work from the requirements of the Contract
Documents which do not involve an adjustment in the Contract Amount or the Contract Times and are compatible
with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents.
These shall be accomplished by written Field Order and shall be binding on the OWNER and on the CONTRACTOR
who shall perform the Work involved promptly.
10.4.2 If the CONTRACTOR believes that a Field Order would require an adjustment in the Contract Amount
and/or Contract Times, the CONTRACTOR shall make written request to Owner's Representative for a Change
Order. Any request by the CONTRACTOR for an adjustment in Contract Amount and/or Contract Times shall be
made in writing prior to beginning the work covered by the Field Order.
10.5 No Damages for Delay:
Except as otherwise provided in the Contract Documents, the CONTRACTOR shall receive no compensation for
delays or hindrances to the Work. If delay is caused by specific orders given by the OWNER to stop Work for
reasons for which the CONTRACTOR is not responsible, or such delay is not caused by active interference in the
Work by OWNER for reasons for which the CONTRACTOR is not responsible, then such delay will entitle the
CONTRACTOR only to an equivalent extension of time,the CONTRACTOR's application for which shall, however,
be subject to approval of the OWNER. No such extension of time shall release the CONTRACTOR or surety on its
performance bond from all the CONTRACTOR's obligations hereunder which shall remain in full force until
discharge of the Contract.
ARTICLE 11 -CHANGE OF CONTRACT AMOUNT
11.1 The Contract Amount is stated in the Agreement and, including authorized adjustments, is the total amount
payable by the OWNER to the CONTRACTOR for performance of the Work under the Contract Documents.
11.2 The original Contract Amount may not be increased by more than twenty-five percent(25%)and it may not
be decreased more than twenty-five percent(25%)without the consent of the CONTRACTOR to such decrease.
11.3 The Contract Amount shall only be changed by a Change Order. Any claim for an adjustment in the
Contract Amount shall be made by Written Notice delivered by the party making the Claim to the other party promptly
(but in no event later than thirty(30)calendar days)after the start of the occurrence or event giving rise to the Claim
and stating the general nature of the Claim. Notice of the amount of the Claim with supporting data shall be
delivered within thirty (30)calendar days after Written Notice of Claim is delivered by claimant, and shall represent
that the adjustment claimed covers all known amounts to which claimant is entitled as a result of said occurrence
or event. If the OWNER and the CONTRACTOR cannot otherwise agree, all Claims for adjustment in the Contract
Amount shall be determined as set out in Article 16.
11.4 Determination of Value of Work:
00700 04-2020 Page 28 General Conditions
11. .1 The value of any Work covered by a Change Order or of any Claim for an adjustment in the Contract
Amount will be determined by one or more of the following methods:
.1 by application of unit prices contained in the Contract Documents to the quantities oft a items involved.
.2 by a mutually agreed lump sum properly itemized and supported by sufficient substantiating data to
permit evaluation.
.3 by cost of Work plus the CONTRACTOR's fee for all overhead costs and profit(determined as provided
in paragraph 11.5).
11.4.2 Before using the method described in paragraph 11.4.1.3, the OWNER and the CONTRACTOR agree to
negotiate a Change Order using the methods identified in paragraph 11.4.1.1 and paragraph 11.4.1.2, as
appropriate, to determine the adjustment in the Contract Amount.
11.5 Cost of Work:
If neither of the methods defined in paragraph 11.4.1.1 or paragraph 11.4.1.2 can be agreed upon before a change
in the Work is commenced which will result in an adjustment in the Contract Amount, the OWNER may issue a
Change Directive to the CONTRACTOR. If the OWNER elects to issue a Change Directive, CONTRACTOR shall
perform the Changed Work and payment will be made as follows:
.1 For all personnel, the CONTRACTOR will receive the rate or wage specified in the prevailing wage
rates established in Section 00900 for each hour that said personnel are actually engaged in such
Work, to is will be added an amount equal to twenty-five percent (25%) of the sum thereof as
compensation for the CONTRACTOR's and any affected Subcontractor's total overhead and profit. No
separate charge will be made by the CONTRACTOR for organization or over expenses. For the
cost of premiums on public liability insurance, workers' compensation insurance, social security and
unemployment insurance, an amount equal to fifty-five percent (55%) of the wages paid personnel,
excluding the twenty-five(25%)compensation provided above,will be paid to the CONTRACTOR. The
actual cost of the CONTRACTOR's bon on the extra Work will be paid based on invoices from
surety. No charge for superintendence will be made unless considered necessary and ordered by the
OWNER.
.2 The CONTRACTOR will receive the actual cost, including freight charges, of the materials used on
such Work, to which costs will be added a sum equal to twenty-five percent (25%) thereof as
compensation for the CONTRACTOR's and any affected Subcontractor's total overhead and profit. In
case material invoices indicate a discount may be taken, the actual cost will be the invoice price minus
the discount.
.3 For machinery, trucks, power tools, or other similar equipment agreed to be necessary by the OWNER
and the CONTRACTOR, the OWNER will allow the CONTRACTOR the rate as given in the latest
edition of the Associated General Contractors of America "Contractors Equipment Cost Guide" as
published by Dataquest for each our that said tools or equipment are in use on such work,which rate
includes the cost of fuel, lubricants and repairs. No additional compensation will be allowed on the
equipment for the CONTRACTOR's overhead and profit.
.4 The compensation, as herein provided for, shall be received by the CONTRACTOR and any affected
Subcontractor as payment in full for work one by Change Directive and will include use of small tools,
and total overhead expense and profit. The CONTRACTOR and the Owner's Representative shall
compare records of work done by Change Directive at the end of each day. Copies of these records
will be made upon forms provided for this purpose by the OWNER and signed by of Owners
Representative and the CONTRACTOR,with one(1) copy in retained by the OWNER and one (1)
by the CONTRACTOR, Refusal by the CONTRACTOR to sign these records within two (2) working
days of presentation does not invalidate the accuracy of the record.
00700 04.2020 Page 29 General Conditions
11.6 Unit Price Work:
11.6.1 Where the Contract Documents provide that all or part of the Work is to be unit price Work, initially the
Contract Amount will be deemed to include for all unit price work an amount equal to the sum of the established
unit price for each separately identified item of unit price work times the estimated quantity of each item as indicated
in the Bid. The estimated quantities of items of unit price work are not guaranteed and are solely for the purpose
of comparison of Bids and determining an initial Contract Amount. Determinations of the actual quantities and
classifications of unit price work performed by the CONTRACTOR will be made by Owner's Representative.
Owner's Representative will review with the CONTRACTOR the preliminary determinations on such matters before
rendering a written decision thereon (by recommendation of an Application for Payment or otherwise).
11.6.2 When "plan quantity" is indicated for a bid item, the CONTRACTOR shall be paid the amount specified in
the Contract Documents without any measurements.
11.6.3 Each unit price will be deemed to include an amount considered by the CONTRACTOR to be adequate to
cover the CONTRACTOR's overhead and profit for each separately identified item.
11.6.4 A Major Item is any individual bid item in the Bid that has a total cost equal to or greater than five
percent (5%) of the original Contract Amount or $50,000, whichever is greater, computed on the basis of bid
quantities and Contract unit prices.
11.6.5 The OWNER or the CONTRACTOR may make a Claim for an adjustment in the Contract Amount in
accordance with Article 11 if:
.1 the actual quantity of any Major Item should become as much as twenty percent (20%) more than or
twenty percent(20%)less than in the Bid; or
.2 The CONTRACTOR presents proper documentation contesting the accuracy of"plan quantity," and
Owner's Representative verifies quantity and determines original quantity is in error by five percent
(5%) or more.
11.6.6 Right to Verify Information: The CONTRACTOR agrees that any designated representative of the OWNER
shall have the right to examine the CONTRACTOR's records to verify the accuracy and appropriateness of the
pricing data used to price change proposals. Even after a Change Order Proposal has been approved, the
CONTRACTOR agrees that if the OWNER later determines the cost and pricing data submitted was inaccurate,
incomplete, not current or not in compliance with the terms of this Agreement regarding pricing of change orders,
then an appropriate contract price reduction will be made.
11.6.7 Pricing Information Requirements: The CONTRACTOR agrees to provide and require all subcontractors
to provide a breakdown of allowable labor and labor burden cost information as outlined herein. This information
will be used to evaluate the potential cost of labor and labor burden related to change order work. It is intended
that this information represent an accurate estimate of the CONTRACTOR's actual labor and labor burden cost
components. This information is not intended to establish fixed billing or change order pricing labor rates. However,
at the time change orders are priced the submitted cost data for labor rates may be used to price change order
work. The accuracy of any such agreed-upon labor cost components used to price change orders will be subject
to later audit. Approved change order amounts may be adjusted later to correct the impact of inaccurate labor cost
components if the agreed-upon labor cost components are determined to be inaccurate.
ARTICLE 12 -CHANGE OF CONTRACT TIMES
12.1 Working Day and Calendar Day Contracts:
12.1.1 The Contract Times (or Milestones) shall only be changed by Change Order or Time Extension Request
duly executed by both the CONTRACTOR and Owner's Representative. Any claim for an adjustment of the
Contract Times(or Milestones)shall be made by Written Notice delivered by the party making the Claim to the other
00700 04-2020 Page 30 General Conditions
party promptly (but in no event later than thirty (30) calendar days) after the start of the occurrence or event giving
rise to the delay and stating the general nature of the delay. Notice of the extent of the delay with supporting data
shall be delivered within thirty (30) calendar days after Written Notice of Claim is delivered by claimant, and shall
represent that the adjustment claimed is the entire adjustment to which claimant is entitled as a result of said
occurrence or event. If the OWNER and the CONTRACTOR cannot otherwise agree, all Claims for adjustment in
the Contract Times (or Milestones) shall be determined as set out in Article 16. No Claim for an adjustment in the
Contract Times (or Milestones)will be valid if not submitted in accordance with the requirements of this paragraph,
12.1.2 When the CONTRACTOR is at fault and the OWNER stops the or so that corrections in the Work can
be made by the CONTRACTOR, then no extension in time will be allowed.
12.1.3 When the CONTRACTOR is prevented from completing any part of the Work within the Contract Times(or
Milestones)due to delay for which the CONTRACTOR is not responsible, an extension of the Contract Times (or
Milestones) in an amount equal to the time lost due to such delay will be considered by OWNER. Anye ension of
the Contract Time shall be the CONTRACTOR's sole and exclusive remedy for such delay. However, adverse
weather shall not be considered justification for extension of Contract Times on Calendar Day contracts, except as
provided for in paragraph 12.2.
12.1.4 The OWNER will consider time extension requests and may grant the CONTRACTOR ane ension of time
because of:
.1 Changes ordered in the Work which justify additional time,
.2 Failure of materials or products being at the Project site due to delays in transportation or failures of
Suppliers,for which the CONTRACTOR, a Subcontractor or a Supplier is not responsible. The request
for an extension of time shall be supported by a recitation of acts demonstrating that such delays were
beyond the control of the CONTRACTOR, a Subcontractor or a Supplier including but not limited to,
the CONTRACTOR's, the Subcontractors or the Supplier's efforts to overcome such delays
documented as follows:
a) Copy of purchase order for delayed its 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 Owners 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) of 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
e) If its (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 its O.
.3 When acts of the OWNER, E/A, utility owners or other contractors employed by the OWNER delay
progress of work through no fault of the CONTRACTOR.
.4 When the CONTRACTOR is delayed by strikes, lockouts, fires, losses from natural causes, or other
unavoidable cause or causes beyond the CONTRACTOR's control,
12.2 Calendar Day Contracts:
00700 04-2020 Page 31 General Conditions
Under a Calendar Day Contract,the CONTRACTOR may also be granted an extension of time because of unusual
inclement weather that is beyond the normal weather expected for the Williamson and Travis Counties,Texas area.
Normal weather which prevents the CONTRACTOR from performing Work is expected during a Calendar Day
Contract, and is not a justification for an extension of time. The following delineates the number of days per month
for which, for purposes of Calendar Day Contracts, expected normal weather will prevent performance of Work:
January.......................... 7 days
February........................ 7 days
March............................. 7 days
April............................... 7 days
May................................ 8 days
June................................ 6 days
July................................. 6 days
August........................... 5 days
September..................... 7 days
October.......................... 7 days
November..................... 7 days
December...................... 7 days
Days per month exceeding the number shown above may be credited as Rain Days if a Claim is made in accordance
with paragraph 12.1.1 and meets the following definition: a"Rain Day"is any day in which a weather event occurs
at the site and is sufficient to prevent the CONTRACTOR from performing units of Work critical to maintaining the
project schedule during the entire day.
ARTICLE 13 -TESTS AND INSPECTIONS: AND CORRECTION OR REMOVAL OF DEFECTIVE WORK
13.1 Notice of Defects:
Prompt notice of all defective Work of which the OWNER or EIA has actual knowledge will be given to the
CONTRACTOR. All defective Work may be rejected or corrected as provided for in Article 13.
13.2 Access to Work:
The OWNER, EIA, EIA's Consultants, other representatives and personnel of the OWNER, independent testing
laboratories and governmental agencies having jurisdiction will have unrestricted physical access to the Work site
for observing, inspecting and testing. The CONTRACTOR shall provide them proper and safe conditions for such
access, and advise them of the CONTRACTOR's site safety procedures and programs so that they may comply
therewith as applicable.
13.3 Tests and Inspections:
13.3.1 The CONTRACTOR shall give timely notice of readiness of the Work for all required inspections, tests or
approvals, and shall cooperate with inspection and testing personnel to facilitate required inspections or tests.
13.3.2 The OWNER shall employ and pay for services of an independent testing laboratory to perform all
inspections, tests or approvals required by the Contract Documents except:
.1 for inspections,tests or approvals covered by paragraph 13.3.3 below;
.2 for reinspecting or retesting defective Work; and
.3 as otherwise specifically provided in the Contract Documents.
All testing laboratories shall be those selected by the OWNER.
00700 04-2020 Page 32 General Conditions
13.3.3 If laws or regulations of any public body having jurisdiction require any Work (or part thereof)specifically to
be inspected, tested or approved by anemployee 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 Owners Representative the required certificates of inspection orapproval. The
CONTRACTOR shall also be responsible for arranging and obtaining and shall pay all costs in connection with any
inspections, tests or approvals required for the OWNER's and 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 Uncovering Work:
13.4.1 If any Work (or the work of others) that is to be inspected, tested or approved is covered by the
CONTRACTOR without concurrence of Owners Representative, or if any Work is covered contrary to the written
request of Owner's Representative, it must, if requested by Owner's Representative, be uncovered and recovered
at the CONTRACTOR's expense.
13.4.2 If Owners Representative considers it necessary or advisable that covered Work be observed, inspected
or tested, the CONTRACTOR shall uncover, expose or otherwise make available for observation, inspection or
testing that portion of the Work in question, furnishing all necessary labor, material and equipment. If it is found
that such Work is defective,the CONTRACTOR shall pay all claims, costs, losses and damages caused by, arising
out of or resulting from such uncovering, exposure, observation, inspection and testing and of satisfactory
replacement or reconstruction (including but not limited to all costs of repair or replacement of work of others); and
the OWNER shall be entitled to an appropriate decrease in the Contract Amount, and may make a Claim therefor
as provided in Article 11. If, however, such Work is not found to be defective, the CONTRACTOR shall be allowed
an increase in the Contract Amount or an extension of the Contract Times (or Milestones), or both, directly
attributable to such uncovering, exposure, observation, inspection, testing, replacement and reconstruction; and
the CONTRACTOR may make a Claim therefor as provided in Article 11 and Article 12,
13.5 OWNER May Stop the Work:
13-5.1 If the Work is defective, or the CONTRACTOR fails to supply sufficient skilled workers or suitable materials
or equipment, or fails to furnish or perform the Work in such a way that the completed Work will conform to the
Contract Documents,the OWNER may order the CONTRACTOR to stop the Work, or any portion thereof, until the
cause for such order has been eliminated; however,this right of the OWNER to stop the Work shall not give rise to
any duty on the part of the OWNER to exercise this right for the benefit of the CONTRACTOR or any surety or other
party,
13.5.2 If the CONTRACTOR fails to correct defective Work or submit a satisfactory plan to take corrective action,
with procedure and time schedule, the OWNER may order the CONTRACTOR to stop the Work, or any portion
thereof, until cause for such order has been eliminated,or take any other action permitted by this Contract. A notice
to stop the Work, based on defects, shall not stop calendar or working days charged to the Project.
00700 04-2020 Page 33 General Conditions
13.6 Correction or Removal of Defective Work:
If required by the OWNER,the CONTRACTOR shall promptly,as directed,either correct all defective Work,whether
or not fabricated, installed or completed, or, if the Work has been rejected by Owner's Representative, remove it
from the site and replace it with Work that is not defective.The CONTRACTOR shall correct or remove and replace
defective Work, or submit a plan of action detailing how the deficiency will be corrected, within the time frame
identified in the notice of defective Work. The CONTRACTOR shall pay all claims, costs, losses and damages
caused by or resulting from such correction or removal(including but not limited to all costs of repair or replacement
of work of others), including but not limited to all consultant, engineering, expert and attorney's fees incurred by the
OWNER as a result of such defective work or as necessary for OWNER to investigate such defective Work and/or
to determine the appropriate means or methods to address or correct such defective Work. The OWNER shall
have the right, in OWNER's sole discretion, to have the E/A or other consultant specify the means and methods
that will be followed to correct or address any defective Work. If the OWNER specifies a means or method by which
the defective Work will be addressed or corrected, the CONTRACTOR shall perform the specified work necessary
to address or correct the defective Work at CONTRACTOR's sole cost and expense.
13.7 Warranty period:
13.7.1 If, at any time after the date of Substantial Completion or such longer period of time as may be prescribed
by laws or regulations or by the terms of any applicable special guarantee required by the Contract Documents or
by any specific provision of the Contract Documents, any Work is found to be defective, the CONTRACTOR shall
promptly,without cost to the OWNER and in accordance with the OWNER's written instructions:
(i) correct such defective Work, or, if it has been rejected by the OWNER, remove it from the site and
replace it with Work that is not defective, and
(ii) satisfactorily correct or remove and replace any damage to other Work or the work of others resulting
therefrom.
If the CONTRACTOR does not promptly comply with the terms of such instructions, or in an emergency where
delay would cause serious risk of loss or damage, the OWNER may have the defective Work corrected or the
rejected Work removed and replaced, and all claims, costs, losses and damages caused by or resulting from such
removal and replacement (including but not limited to all costs of repair or replacement of work of others and all
consultant, expert and attorney's fees incurred by OWNER)will be paid by the CONTRACTOR.
13.7.2 In special circumstances where a particular item of equipment is placed in continuous service before
Substantial Completion of all the Work, the warranty period for that item may start to run from an earlier date if so
provided in the Contract Documents and agreed to by OWNER.
13.8 OWNER May Correct Defective Work:
If the CONTRACTOR fails within a reasonable time after Written Notice of the OWNER to correct defective Work,
or to remove and replace rejected Work, or if the CONTRACTOR fails to perform the Work in accordance with the
Contract Documents, or if the CONTRACTOR fails to comply with any other provision of the Contract Documents,
the OWNER may, after seven (7) calendar days' Written Notice to the CONTRACTOR, correct and remedy any
such deficiency. If, in the opinion of Owner's Representative, significant progress has not been made during this
seven(7)calendar day period to correct the deficiency,the OWNER may exercise any actions necessary to remedy
the deficiency. In exercising the rights and remedies under this paragraph,the OWNER shall proceed expeditiously.
In connection with such corrective and remedial action, the OWNER may exclude the CONTRACTOR from all or
part of the site, take possession of all or part of the Work, and suspend the CONTRACTOR's services related
thereto, and incorporate in the Work all materials and equipment stored at the site or for which the OWNER has
paid the CONTRACTOR but which are stored elsewhere. The CONTRACTOR shall allow the OWNER, its agents
and employees,the OWNER's other contractors,EIA and E/A's consultants access to the site to enable the OWNER
to exercise the rights and remedies under this paragraph. All claims, costs, losses and damages incurred or
sustained by the OWNER in exercising such rights and remedies will be charged against the CONTRACTOR and
a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the
00700 04-2020 Page 34 General Conditions
Work. Such claims, costs, losses and damages will include but not be limited to all costs of repair or replacement
of work of others destroyed or damaged by correction, removal or replacement of the CONTRACTOR's defective
Work and any and all consultant, expert and attorneys fees incurred by OWNER as a result of OWNER's correction
of defective WORK, The CONTRACTOR shall not be allowed an extension of the Contract Times(or Milestones),
or claims of damage because of any delay in the performance of the Work attributable to the exercise by the
OWNER of the OWNER's rights and remedies hereunder.
13.9 ACCEPTANCE OF DEFECTIVE WORK
If, instead of requiring correction or removal and replacement of defective Work, OWNER prefers to accept it,
OWNER may do so. CONTRACTOR shall pay all claims, costs, losses, and damages attributable to OWNER's
evaluation of and determination to accept such defective Work, including but not limited to any expert, engineering
or other consultant's fees incurred by the OWNER to investigate such defective Work and/or to determine the
appropriate means or methods and work necessary to allow OWNER to accept the defective Work and
CONTRACTOR shall pay for all work required to be performed to allow OWNER to accept the defective Work and
any estimated costs, expenses and damages OWNER may sustain in the future as a result of accepting the
defective Work, including any diminution in value of the Project as a result of accepting the defective Work. If any
such acceptance occurs prior to final payment, then cessa revisions in the Contract Documents with respect to
the Work shall be incorporated in a Change Order. If the parties are unable to agree as to the decrease in the
Contract Price, then OWNER may impose a reasonable set-off against payments due under the Contract
Documents. If the acceptance of defective Work occurs after final payment, CONTRACTOR shall pay to OWNER
the above described costs, expenses and damages incurred by OWNER as a result of OWNER's acceptance of
defective Work.
ARTICLE 14-PAYMENTS TO CONTRACTOR AND COMPLETION
14.1 Application for Progress Payment:
14.1.1 Not more than once per month, the CONTRACTOR shall submit to Owee s Representative for review an
Application for Payment, in a for acceptable to the OWNER,filled out and signed by the CONTRACTOR covering
the Work completed as of the to of the Application and accompanied by such supporting documentation as is
required by the Contract Documents or as required by OWNER.
14.1.2 Such applications shall not include requests for payment on account of changes in the Work which have
been properly authorized by Change Directives but not yet included in Change Orders.
14.1.3 Such applications shall not include requests for payment of amounts the CONTRACTOR does not intend
topay to a Subcontractor or Supplier because of a dispute or other reason.
141.4 Owner will not pay for materials or equipment not incorporated in the Work but delivered and suitably
stored at the site or at another location. Payment will be made by Owner only for Work completed in accordance
with the Contract Documents.
14.1.5 Where the original Contract Amount is less than$400,000, the OWNER will pay to the CONTRACTOR the
total amount of approved Application for Payment, less ten percent(10%)of thea ut thereof,which ten percent
(10%)will be retained until final payment, less all previous payments and less all sums that may be retained by the
OWNER under the terms of this Agreement. Where the original Contract Amount is$400,000 or more,the OWNER
will pay to the CONTRACTOR the total amount of approved Application for Payment, less five percent (5%) of the
amount thereof,which five percent(5%)will be retained until final payment, less all previous payments and less all
sums that may be retained by the OWNER under the terms of this Agreement. In either case, if the Work is near
completion and delay occurs due to no fault or neglect of the CONTRACTOR, the OWNER may pay a portion of
the retained amount to the CONTRACTOR. The CONTRACTOR, at the OWNER's option, may be relieved of the
obligation to complete the Work and, thereupon, the CONTRACTOR shall receive payment of the balance due
under the Contract subject to the conditions stated under paragraph 15.2.
00700 04-2020 Page 35 General Conditions
14.1.6 Applications for Payment shall include the following documentation:
.1 updated progress schedule;
.2 monthly subcontractor report; and
.3 any other documentation required under the Supplemental General Conditions.
14.2 CONTRACTOR's Warranty of Title:
The CONTRACTOR warrants and guarantees that title to all Work, materials and equipment covered by any
Application for Payment,whether incorporated in the Project or not,will pass to the OWNER not later than the time
of payment to the CONTRACTOR free and clear of all liens.
14.3 Review of Applications for Progress Payment:
14.3.1 Owner's Representative will, within seven (7) calendar days after receipt of each Application for Payment,
either indicate a recommendation for payment and forward the Application for processing by the OWNER, or return
the Application to the CONTRACTOR indicating Owner's Representative's reasons for refusing to recommend
payment. In the latter case,the CONTRACTOR may make the necessary corrections and resubmit the Application.
14.3.2 Owner's Representative's recommendation of any payment requested in an Application for Payment will
constitute a representation by Owner's Representative, based upon Owner's Representative's on-site observations
of the executed Work and on Owner's Representative's review of the Application for Payment and the
accompanying data and schedules, that to the best of Owner's Representative's knowledge, information and belief:
.1 the Work has progressed to the point indicated; and
.2 the quality of the Work is in accordance with the Contract Documents (subject to an evaluation of the
Work as a functioning whole prior to or upon Substantial Completion, to the results of any subsequent
tests called for in the Contract Documents, to a final determination of quantities and classifications for
unit price Work, and to any other qualifications stated in the recommendation).
14.3.3 By recommending any such payment, Owner's Representative will not thereby be deemed to have
represented that:
.1 inspections have been made to check the quality or the quantity of the Work or that the Work has been
performed in accordance with the Contract Documents;
.2 examination has been made to ascertain how or for what purpose the CONTRACTOR has used money
previously paid on account of the Contract Amount;
.3 the CONTRACTOR's construction means, methods, techniques, sequences or procedures have been
reviewed; or
.4 that there may not be other matters or issues between the parties that might entitle the CONTRACTOR
to be paid additionally by the OWNER or entitle the OWNER to withhold payment to the
CONTRACTOR.
14.4 Decisions to Withhold Payment.
14.4.1 The OWNER may withhold or nullify the whole or part of any payment to such extent as maybe necessary
on account of:
.1 defective Work not remedied;
00700 04-2020 Page 36 General Conditions
.2 reasonable evidence that the or cannot be completed for the unpaid balance of the Contract
Amount;
.3 damage to the OWNER or another contractor;
.4 reasonable evidence that the Work will not be completed within the Contract Time, and that the unpaid
balance of not be adequate to cover actual or liquidated damages for the anticipated delay;
.5 failure of the CONTRACTOR to submit a schedule of values in accordance with the Contract
Documents;
.6 failure of the CONTRACTOR to submit a submittal schedule in accordance with the Contract
Documents;
.7 failure of the CONTRACTOR to submit or update construction schedules in accordance with the
Contract Documents;
.8 failure of the CONTRACTOR to maintain a record of changes on drawings and documents;
.9 failure of the CONTRACTOR to maintain weekly payroll reports;
.10 failure of the CONTRACTOR to submit monthly subcontractor report%
.11 the CONTRACTOR's neglect or unsatisfactory prosecution of the Work, including failure to clean up;
or
.12 failure of the CONTRACTOR to comply with any provision of the Contract Documents.
.13 OWNER's disagreement with the recommendation of the Owner's Representative, provided the
OWNER has provided a Written Notice to the CONTRACTOR specifying the reasons why OWNER
does not agree with such recommendation.
14.4.2 When the above reasons for withholding payment are removed, the CONTRACTOR shall resubmit a
statement for the value of Work performed, Payment will be made within thirty (30) calendar days of receipt of
approved Application for Payment.
14.5 Delayed Payments:
Should the OWNER fail to make payment to the CONTRACTOR of a sum named in any Application for Payment
with which OWNER agrees and has approved for payment within thirty (30) calendar days after the day on which
the OWNER received the mutually acceptable Application for Payment, then the OWNER will pay to the
CONTRACTOR, in addition to the sum shown as due by such Application for Payment, interest thereon at the rate
of one percent (1%) per month from date due until fully paid, which shall fully liquidate any injury to the
CONTRACTOR growing out of such delay in payment.
14.6 Arrears:
No money shall be paid by the OWNER upon any claim, debt, demand or account whatsoever, to any person, firm
or corporation who is in arrears to the OWNER;and the OWNER shall be entitled to counterclaim and offset against
any such debt, claim, demand or account so in arrears and no assignment or transfer of such debt, claim, demand
or account, shall affect the right of the OWNER to so offset said amounts, and associated penalties and interest if
applicable, against the same.
00700 04-2020 Page 37 General Conditions
14.7 Substantial Completion:
14.7.1 If a Certificate of Occupancy is required by public authorities having jurisdiction over the Work, said
certificate shall be issued before the Work or any portion thereof is considered substantially complete. When the
CONTRACTOR considers that the Work, or a portion thereof which the OWNER agrees to accept separately, is
substantially complete, the CONTRACTOR shall notify Owner's Representative and request a determination as to
whether the Work or designated portion thereof is substantially complete. If Owner's Representative does not
consider the Work substantially complete, Owner's Representative will notify the CONTRACTOR giving reasons
therefor. Failure on the OWNER's part to list a reason does not alter the responsibility of the CONTRACTOR to
complete all Work in accordance with the Contract Documents. After satisfactorily completing items identified by
Owner's Representative, the CONTRACTOR shall then submit another request for Owner's Representative to
determine substantial completion. If Owner's Representative considers the Work substantially complete, Owner's
Representative will prepare and deliver a certificate of Substantial Completion which shall establish the date of
Substantial Completion, shall include a punch list of items to be completed or corrected before final payment, shall
establish the time within which the CONTRACTOR shall finish the punch list, and shall establish responsibilities of
the OWNER and the CONTRACTOR for security, maintenance, heat, utilities, damage to the Work, warranty and
insurance. Failure to include an item on the punch list does not alter the responsibility of the CONTRACTOR to
complete all Work in accordance with the Contract Documents. The certificate of Substantial Completion shall be
signed by the OWNER and the CONTRACTOR to evidence acceptance of the responsibilities assigned to them in
such certificate.
14.7.2 The OWNER shall have the right to exclude the CONTRACTOR from the Work after the date of Substantial
Completion, but the OWNER will allow the CONTRACTOR reasonable access to complete or correct items on the
punch list.
14.8 Partial Utilization:
The OWNER, at the OWNER's sole option, shall have the right to take possession of and use any completed or
partially completed portion of the Work regardless of the time for completing the entire Work. The OWNER's
exercise of such use and possession shall not be construed to mean that the OWNER acknowledges that any part
of the Work so possessed and used is substantially complete or that it is accepted by OWNER, and the OWNER's
exercise of such use and possession shall not relieve the CONTRACTOR of its responsibility to complete all Work
in accordance with the Contract Documents.
14.9 Final Inspection:
Upon Written Notice from the CONTRACTOR that the entire Work or an agreed portion thereof is complete,Owner's
Representative will make a final inspection with the CONTRACTOR and provide Written Notice of all particulars in
which this inspection reveals that the Work is incomplete or defective. The CONTRACTOR shall immediately take
such measures as are necessary to complete such Work or remedy such deficiencies.
14.10 Final Application for Payment:
The CONTRACTOR may make application for final payment following the procedure for progress payments after
the CONTRACTOR has completed all such corrections to the satisfaction of Owner's Representative and delivered
the following documents:
.1 Three (3) complete operating and maintenance manuals, each containing maintenance and operating
instructions, schedules, guarantees, and other documentation required by the Contract Documents;
.2 Record documents(as provided in paragraph 6.10);
.3 Consent of surety, if any, to final payment. If surety is not provided, complete and legally effective
releases or waivers (satisfactory to the OWNER) of all claims arising out of or filed in connection with
the Work;
00700 04-2020 Page 38 General Conditions
.4 Certificate evidencing that insurance required by the Supplemental General Conditions will remain in
force after final payment and through any warranty period;
.5 Non-Use of Asbestos Affidavit(After Construction); and
.6 Any other documentation called for in the Contract Documents.
14.11 Final Payment and Acceptance:
14.11.1 If, on the basis of observation of the or during construction, final inspection, and review of the final
Application for Payment and accompanying documentation as required by the Contract Documents, Owner's
Representative is satisfied that the Work has been completed and the CONTRACTOR's other obligations under the
Contract Documents have been fulfilled, Owner's Representative will recommend the final Application for Payment
and thereby notify the OWNER, If the OWNER agrees with the recommendation of the Owner's Representative,
the OWNER will pay to the CONTRACTOR the balance due the CONTRACTOR under the terms of the Contract.
14.11.2 As Contract Time is measured to it Completion, Owner's Representative will issue a letter of final
acceptance to the CONTRACTOR which establishes the Final Completion date and initiates any warranty period.
14.11.3 Final payment is considered to have taken place when the CONTRACTOR or any of its representatives
negotiates the OWNER's final payment check, whether labeled final or not, for cash or deposits check in any
financial institution for its monetary return.
14.12 Waiver of Claims'.
The making and acceptance of final payment will constitute:
.1 a waiver of claims by the OWNER against the CONTRACTOR, except claims arising from unsettled
claims, from defective Work appearing after final inspection, from failure to comply with the Contract
Documents or the terms of any warranty specified therein, or from the CONTRACTOR's continuing
obligations under the Contract Documents; and
.2 a waiver of all claims by the CONTRACTOR against the OWNER other than those previously made in
writing and still unsettled.
ARTICLE 15-SUSPENSION OF WORK AND TERMINATION
15.1 OWNER May Suspend Work Without Cause and for Convenience:
At any time and without cause and for convenience, the OWNER may suspend the Work or any portion thereof for
a period of not more than ninety(90)calendar days by written agreement or by Written Notice to the CONTRACTOR
which will fix the date on which the Work will be resumed. The CONTRACTOR shall resume the Work on the date
so fixed, The CONTRACTOR may be allowed an adjustment in the Contract Amount or an extension of the Contract
Times,or both,directly attributable to any such suspension if the CONTRACTOR makes an approved Claim therefor
as provided in Article 11 and Article 12.
15.2 OWNER May Terminate Without Cause,
Upon seven (7)calendar days'Written Notice to the CONTRACTOR, the OWNER may,without cause and without
prejudice to any right or remedy of the OWNER, elect to terminate the Agreement. In such case, the
CONTRACTOR shall be paid (without duplication of any items):
.1 for completed and acceptable Work executed in accordance with the Contract Documents prior to the
effective date of termination;
00704 04-2020 Page 39 General Conditions
.2 for all claims incurred in settlement of terminated contracts with Suppliers, Subcontractors, and others.
The CONTRACTOR agrees to negotiate in good faith with Subcontractors, Suppliers and others to
mitigate the OWNER's cost CONTRACTOR shall include in any subcontract or purchase order
language that provides that if the Agreement is terminated without cause, the Subcontractor and
Suppliers will only be paid for work performed or materials and equipment supplied and shall not have
any other claims against CONTRACTOR or OWNER;
CONTRACTOR shall not be paid for any profit or overhead for Work not completed.
15.3 OWNER May Terminate With Cause:
15.3.1 Upon the occurrence of any one or more of the following events:
.1 if the CONTRACTOR persistently fails to perform the Work in accordance with the Contract Documents;
.2 if the CONTRACTOR disregards laws or regulations of any public body having jurisdiction;
.3 if the CONTRACTOR disregards the authority of Owner's Representative;
.4 if the CONTRACTOR makes fraudulent statements;
.5 if the CONTRACTOR fails to maintain a work force adequate to accomplish the Work within the
Contract Time;
.6 if the CONTRACTOR fails to make adequate progress and endangers successful completion of the
Contract; or
.7 if the CONTRACTOR otherwise violates any provisions of the Contract Documents;
The OWNER may, after giving the CONTRACTOR(and the surety, if any) seven (7)calendar days'Written Notice
terminate the services of the CONTRACTOR. The OWNER, at its option, may proceed with negotiation with surety
for completion of the Work. Alternatively,the OWNER may under these circumstances exclude the CONTRACTOR
from the site and take possession of the Work (without liability to the CONTRACTOR for trespass or conversion),
incorporate in the Work all materials and equipment stored at the site or for which the OWNER has paid the
CONTRACTOR but which are stored elsewhere,and finish the Work as the OWNER may deem expedient. In such
case the CONTRACTOR shall not be entitled to receive any further payment until the Work is finished. If the unpaid
balance of the Contract Amount exceeds all claims, costs, losses and damages sustained by the OWNER arising
out of or resulting from completing the Work, such excess will be paid to the CONTRACTOR. If such claims,costs,
losses and damage exceed such unpaid balance, the CONTRACTOR or surety shall pay the difference to the
OWNER.
15.3.2 Where the CONTRACTOR's services have been so terminated by the OWNER, the termination will not
affect any rights or remedies of the OWNER against the CONTRACTOR and surety then existing or which may
thereafter accrue. Any retention or payment of amounts due the CONTRACTOR by the OWNER will not release
the CONTRACTOR from liability. In the event the OWNER terminates the Contract with cause, the OWNER may
reject any and all bids submitted by the CONTRACTOR for up to three (3)years.
00700 04.2020 Page 40 General Conditions
15.4 CONTRACTOR May Stop Work or Terminate:
If through no act or fault of the CONTRACTOR,the or is suspended for a period of more than ninety(90)calendar
days by the OWNER or under an order of court or other public authority, or (except during disputes) Owner's
Representative fails to forward for processing any mutually acceptable Application for Payment within thirty (30)
calendar days after it is submitted, or(except during disputes)the OWNER fails for sixty(60)calendar days after it
is submitted to pay the CONTRACTOR any sum finally determined by the OWNER to be due, then the
CONTRACTOR may, upon seven(7)calendar days'Written Notice to the OWNER, and provided the OWNER does
not remedy such suspension or failure within that time, terminate the Agreement and recover from the OWNER
payment on the same terms as provided in paragraph 15.2. In lieu of terminating the Agreement and without
prejudice to any other right or remedy, if(except during disputes) Owner's Representative has failed to forward for
processing any mutually acceptable Application for Payment within thirty(30)calendar days after it is submitted, or
(except during disputes) the OWNER has failed for sixty (60) calendar days after it is submitted to pay the
CONTRACTOR any sum finally determined by the OWNER to be due, the CONTRACTOR may upon seven (7)
caiendar days' Written Notice to the OWNER stop the Work until payment of all such amounts due the
CONTRACTOR, including interest thereon. The provisions of this paragraph 15.4 are not intended to preclude the
CONTRACTOR from making a Claim under Article 11 and Article 12 for an increase in Contract Amount or Contract
Times or otherwise for expenses or damage directly attributable to the CONTRACTOR's stopping Work as permitted
by this paragraph,
ARTICLE 16-DISPUTE RESOLUTION
16.1 Filing of Claims:
16.1.1 Claims arising from the circumstances identified in paragraphs 3.2, 4A, 4.2.2, 4.2.4, 6.4.2, 6.11.5.2, 6,17,
7.5, 8.6, 9.5, 10.4.2, 13.8, 15.1, 15.2, 15.3,or 15.4, or other occurrences or events, shall be made by Written Notice
delivered by the party making the Claim to the other party within thirty (30) calendar days after the start of the
occurrence or event giving rise to the Claim and stating the general nature of the Claim. Notice of thea out of
the Claim with supporting data shall be delivered within thirty (30) calendar days after Written Notice of Claim is
delivered by claimant and shall represent that the adjustment claimed covers all known amounts to which claimant
is entitled,
16.1.2 Within thirty(30)calendar days of receipt of notice of thea ount of the Claim with supporting data,Owner's
Representative and the CONTRACTOR shall meet to discuss the Claim, after which an offer of settlement or
notification of no settlement offer will be made to claimant. If claimant is not satisfied with the proposal presented,
claimant shall have thirty (30)calendar days in which to:
.1 submit additional supporting data requested by the other party;
.2 modify the initial Claim; or
.3 request Alternative Dispute Resolution,
16.2 Alternative Dispute Resolution:
16.2.1 If a dispute exists concerning a Claim, the parties agree to use the following procedure prior to pursuing
any other available remedies, The OWNER reserves the right to include E/A as a party.
16.2.2 Negotiating with Previously Uninvolved Personnel: Either party may make a written request fora meeting
to be held between representatives of each party within fourteen (14) calendar days of the request or such later
period that the parties may agree to. Each party shall endeavor to include, 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 both parties, in which event the parties may proceed directly to mediation as
described below.
16.2.3 Mediation:
16.2.3.1 If the procedure described in paragraph 16.2.2 proves unsuccessful or is waived pursuant to its terms,
the parties shall initiate the mediation process. The parties agree to select within thirty (30) calendar days one (1)
mediator trained in mediation skills, to assist with resolution of the dispute. The OWNER and the CONTRACTOR
agree to act in good faith in the selection of the mediator and to give consideration to qualified individuals nominated
to act as mediator. Nothing in this agreement prevents the parties from relying on the skills of a person who also
is trained in the subject matter of the dispute and/or a contract interpretation expert.
16.2.3.2 Mediation is a forum in which an impartial person, the mediator, facilitates communication between
parties to promote reconciliation, settlement, or understanding among them. The parties hereby agree that
mediation, at a minimum, shall provide for 1)conducting an on-site investigation, if appropriate, by the mediator for
fact-gathering purposes, 2) a meeting of all parties for the exchange of points of view and 3) separate meetings
between the mediator and each party to the dispute for the formulation of resolution alternatives. The parties agree
to participate in mediation in good faith for up to thirty(30)calendar days from the date of the first mediation session,
unless mutually agreed otherwise. Should the parties fail to reach a resolution of the dispute through mediation,
then each party is released to pursue other remedies available to them.
ARTICLE 17—RIGHT TO AUDIT
17.1 Right to Audit:
Whenever the OWNER enters into any type of contractual arrangement with the CONTRACTOR, then the
CONTRACTOR's "records" shall upon reasonable notice be open to inspection and subject to audit and/or
reproduction during normal business working hours. The OWNER's representative, or an outside representative
engaged by the OWNER, may perform such audits. The CONTRACTOR shall maintain all records relating to this
Agreement for four (4) years from the date of final payment under this Agreement, or until pending litigation has
been completely and fully resolved, whichever occurs later.
17.1.1 The OWNER shall have the exclusive right to examine the records of the CONTRACTOR. The term
"records"as referred to herein shall include any and all information, materials and data of every kind and character,
including without limitation records, books, papers, documents, contracts, schedules,commitments,arrangements,
notes, daily diaries, reports, drawings, receipts, vouchers and memoranda, and any and all other agreements,
sources of information and matters that may, in the OWNER's judgment, have any bearing on or pertain to any
matters, rights, duties or obligations under or covered by any contract document. Such records shall include(hard
copy, as well as computer-readable data if it can be made available), written policies and procedures, time sheets,
payroll registers, cancelled checks, personnel file data, correspondence, general ledger entries, and any other
record in the CONTRACTOR's possession which may have a bearing on matters of interest to the OWNER in
connection with the CONTRACTOR's dealings with the OWNER(all of the foregoing are hereinafter referred to as
"records"). In addition,the CONTRACTOR shall permit interviews of employees as well as agents, representatives,
vendors, subcontractors and other third parties paid by the CONTRACTOR to the extent necessary to adequately
permit evaluation and verification of the following:
a) The CONTRACTOR's compliance with contract requirements;
b) The CONTRACTOR's compliance with the OWNER'S business ethics policies; and
c) If necessary, the extent of the Work performed by the CONTRACTOR at the time of contract
termination.
17.1.2 The CONTRACTOR shall require all payees(examples of payees include subcontractors, insurance agents,
material suppliers, etc.) to comply with the provisions of this Article 17 by securing the requirements hereof in a
00700 04-2020 Page 42 General Conditions
written agreement between the CONTRACTOR and payee. Such requirements include a flow-down right of audit
provision in contracts with payees that also apply to subcontractors and sub-subcontractors, material suppliers, etc.
The CONTRACTOR shall cooperate fully and shall require Related Parties and all of the CONTRACTOR's
subcontractors to cooperate fully in furnishing or in making available to the OWNER from time to time whenever
requested, in an expeditious manner, any and all such information, materials, and data.
17.1.3 The OWNER's authorized representative or designee shall have reasonable access to the CONTRACTOR's
facilities, shall be allowed to interview all current or former employees to discuss matters pertinent to the
performance of this Agreement, and shall be provided adequate and appropriate work space in order to conduct
audits in compliance with this Article 17.
17.1.4 If an audit inspection or examination in accordance with this Article 17 discloses overpricing or overcharges
of any nature by the CONTRACTOR to the OWNER in excess of one-half of one percent(.5%)of the total contract
billings, then the reasonable actual cost of the OWNER's it shall be reimbursed to the OWNER by the
CONTRACTOR. Any adjustments /or payments,which must be made as a result of any such audit or inspection
of the ACT 's invoices and/or records, shall be made within a reasonable amount of time(not to exceed
90 days)from presentation of the OWNER's findings to the CONTRACTOR.
17.1.5 The CONTRACTOR shall take reasonable actions to prevent any actions or conditions which could result
in a conflict with the OWNER's best interests. These obligations shall apply to the activities oft CONTRACTOR's
employees, agents, subcontractors, etc, in their dealings and relations with the OWNER's current and former
employees and their relatives. For example,the CONTRACTOR's employees,agents or subcontractors should not
make or provide to be made any employment, gifts, extravagant entertainment, payments, loans or other
considerations to the OWNER's representatives, employees or their relatives,
17.1.6 It is also understood and agreed by the CONTRACTOR that any solicitation of gifts or any other its of
value by anyone representing the OWNER is to be reported within two (2) business working days to the OWNER
at the following telephone number: 512-218-5401. Failure to report any such solicitations oro rs shall be deemed
a material breach of contract entitling the OWNER to pursue damages resulting from the failure to comply with this
provision.
ARTICLE 18—MISCELLANEOUS
18.1 Venue:
In the event of any suit at law or in equity involving the Contract, venue shall be in Williamson County, Texas and
the laws of the state of Texas shall apply to Contract interpretation and enforcement.
18.2 Extent of Agreement:
This Contract represents the entire and integrated agreement between the OWNER and the CONTRACTOR and
supersedes all prior negotiations, representations or agreements, either written or oral.
18.3 Cumulative Remedies:
The rights and remedies available to the parties are not to be construed in any way as a limitation of any rights and
remedies available to any or all of the is are otherwise imposed or available by laws or regulations, by special
warranty or guarantees or by other provisions of the Contract Documents, and the provisions of this paragraph will
be as effective as if repeated specifically in the Contract Documents in connection with each particular duty,
obligation, right and remedy to which they apply.
00700 04-2020 Page 43 General Conditions
18.4 Severability:
If any word, phrase, clause, sentence or provision of the Contract„ or the application of same to any person or set
of circumstances is for any reason held to be unconstitutional„ invalid or unenforceable,that finding shall only effect
such word, phrase, clause, sentence or provision, and such finding shall not effect the remaining portions of this
Contract; this being the intent of the parties in entering into the Contract; and all provisions of the Contract are
declared to be severable for this purpose.
18.5 Independent Contractor
The Contract shall not be construed as creating an employer/employee relationship,a partnership,or a joint venture.
The CONTRACTOR's services shall be those of an independent contractor. The CONTRACTOR agrees and
understands that the Contract does not grant any rights or privileges established for employees of the OWNER.
18.6 Prohibition of Gratuities
The OWNER may, by Written Notice to the CONTRACTOR,terminate the Contract without liability if is determined
by the OWNER that gratuities were offered or given by the CONTRACTOR or any agent or representative of the
CONTRACTOR to any officer or employee of the OWNER with a view toward securing the Contract or securing
favorable treatment with respect to the awarding or amending or the making of any determinations with respect to
the performing of such Contract. In the event the Contract is terminated by the OWNER pursuant to this provision,
the OWNER shall be entitled, in addition to any other rights and remedies, to recover or withhold the amount of the
cost incurred by the CONTRACTOR in providing such gratuities.
18.7 Prohibition Against Personal Interest in Contracts
No officer,employee, independent consultant,or elected official of the OWNER who is involved in the development,
evaluation, or decision-making process of the performance of any solicitation shall have a financial interest, direct
or indirect, in the Contract resulting from that solicitation. Any violation of this provision, with the knowledge,
expressed or implied, of the CONTRACTOR shall render the Contract voidable by the OWNER.
End of General Conditions
00700 04-2020 Page 44 General Conditions
00800 SUPPLEMENTAL GENERAL CONDITIONS
City of Round Rock Contract Forms
Supplemental General Conditions Section 00800
SUPPLEMENTAL GENERAL CONDITIONS TO
AGREEMENT FOR CONSTRUCTION SERVICES
The Supplemental General Conditions contained herein shall amend or supplement the General
Conditions, Section 00700.
ARTICLE 1 -DEFINITIONS
1.16 Enqineer/Architect(E/A):
Add the following:
Name(Representative): David Freireich,P.E.
Firm: City of Round Rock
Address: 3400 Sunrise Road
City, State,Zip: Round Rock,Texas 78665
Telephone: (512)671-2756
Facsimile: N'A
Email: dfreireich@roundrocktexas.gov
1.27 Owner's Rep sentative:
Add the following:
Name: Juan Martinez Title: Engineer Associate
Address: 3400 Sunrise Road
City, State, Zip: Round Rock,Texas 78665
Telephone: J512)341-3332
Facsimile: N/A
Email: imartinez acroundrocktexas.gov
ARTICLE 6-CONTRACTOR'S RESPONSIBILITIES
6.18 Liquidated Damages
Add the following:
1. CONTRACTOR SHALL PAY LIQUIDATED DAMAGES IN THE AMOUNT OF
one thousand dollars AND NO1100
DOLLARS1000. 0 Y FOR EACH DAY BEYOND THE DATE
ESTABLISHED THEREFOR THAT THE CONTRACTOR FAILS TO ACHIEVE
SUBSTANTIAL COMPLETION, AND FOR WHICH OWNER IS UNABLE TO UTILIZE
THE IMPROVEMENTS AND FACILITIES DUE TO THE FAILURE OF CONTRACTOR
TO HAVE ACHIEVED SUBSTANTIAL COMPLETION IN ACCORDANCE WITH THE
CONTRACT.
END OF SUPPLEMENTAL GENERAL CONDITIONS
Page I
01D800 Il10-20B SuppkmacraM GeirwirM(.'ondaiions
0101091016619
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 tinder the Contract Documents shall be governed by
any existing Resolutions, Codes and Ordinances, and any subsequent amendments or
revisions thereto as set forth by the OWNER,
01-03 LOCATION
The location of work shall be as set forth in the Notice to Bidders and as indicated in
the Contract Documents.
01-04 USAGE OF WATER
All water used during construction shall be provided by the OWNER and shall be
metered. The OWNER shall specify the location from which the CONTRACTOR is
to procure water.The CONTRACTOR shall be responsible for obtaining a bulk water
permit from the OWNER and providing all apparatus necessary for procuring,storing,
transporting and using water during construction.The CONTRACTOR shall strive to
use no more water than reasonable to perform the work associated with this Contract
and shall avoid waste, The CONTRACTOR will be required to pay for all water used
if it is found that waste is occurring during construction.
SECTION 02-SPECIAL CONSIDERATIONS
02-01 CROSSING UTILITIES
Prior to commencing the or associated with this Contract, it shall bethe
CONTRACT OR'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
performing the Work associated with this Contract. Provision of said utility services
shall be subsidiary to the various bid items and no additional payment will be made for
this item.
00900-4-2020 Page I Special Conditions
00443643
02-03 WAGE RATES
Wage Rates(Information From Chapter 2258,Texas Government Code Title 10)
2288.021. Duty of Government Entity to Pay Prevailing Wage Rates
a. The State or any political subdivision of the State shall pay a worker employed
by it or on behalf of it:
(1) not less than the general prevailing rate of per diem wages for work of
a similar character in the locality in which the work is performed; and
(2) not less than the general prevailing rate of per diem wages for legal
holiday and overtime work.
b. Subsection (a)does not apply to maintenance work.
C. A worker is employed on a public work for the purposes of this section if a
Contractor or Subcontractor in the execution of a contract for the public work
with the State, a political subdivision of the State or any officer or public body
of the State or a political subdivision of the State, employs the worker,
2258.023. Prevailing Wage Rates to be Paid by Contractor and Subcontractor;
Penalty
a. The contractor who is awarded a contract by a public body,or a Subcontractor
of the Contractor, shall pay not less than the rates determined under Section
2258.022 to a worker employed by it in the execution of the contract.
b. A Contractor or Subcontractor who violates this section shall pay to the state
or a political subdivision of the state on whose behalf the contract is made, $60
for each worker employed for each calendar day or part of the day that the
worker is paid less than the wage rates stipulated in the contract. A public body
awarding a contract shall specify this penalty in the contract.
C. A contractor or subcontractor does not violate this section if a public body
awarding a contract does not determine the prevailing wage rates, and specify
the rates in the contract as provided by Section 2258.022.
d. The public body shall use any money collected under this section to offset the
costs incurred in the administration of this chapter.
e. A municipality is entitled to collect a penalty under this section only if the
municipality has a population of more than 10,000.
009004-2020 Page 2 Special Conditions
00443643
2258-051. Duty of Public Body to Hear Complaints and Withhold Payment
A public body awarding a contract,and an agent or officer of the public body, shall:
I take cognizance of complaints of all violations of this chapter committed in the
execution of the contract; and
2. withhold money forfeited or required to be withheld under this Chapter from
the payments to the Contractor under the contract, except that the public body
may not withhold money from other than the final payment without
detennination 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:
Coristruction Types- Fleavy (Sewer/Water 'rreat i ng Plant and
Sewer/Incidental to Highway)
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Construction 'T'ypes: Heavy and Highway
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02-04 LIMIT OF FINANCIAL RESOURCES
The OWNER has a limited amount of financial resources committed to this Project;
therefore, itshall be understood by all bidders that the OWNER may be required to
change and/or delete any items which it may feel is necessary to accomplish all or part
oft e 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
inthis contract shall be used to delete ora d work per change order.
02-05 LIMITS OF WORK AND PAYMENT
Itshall be the obligation of the CONTRACTOR to complete all work included in this
Contract, so authorized by the 0"ER, 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 tote limits of work
shall be left tip to the interpretation of the E/A.
0i0900,_4.-2020 Page 3 S11pecuall
GO H 364,3
02-06 LAND FOR WORK
OWNER provides, as indicated on Drawings, land upon which work is to be done,
right-of-way for access to same and such other lands that are designated for the use of
the CONTRACTOR.CONTRACTOR provides,at his expense and without liability of
OWNER, any additional land and access thereto that may be required for his
construction operations, temporary construction facilities, or for storage of materials.
02-07 DEVIATIONS OCCASIONED BY UTILITY STRUCTURES
Whenever existing utilities, not indicated on the Drawings, present obstructions to
grade and alignment of proposed improvements immediately notify engineer, who
without delay, will determine if existing utilities are to be relocated, or grade and
alignment of proposed improvements changed. Where necessary to move existing
utilities and appurtenances as determined by the E/A, the E"A and CONTRACTOR
will make relocation arrangements with the utility owner. The OWNER will not be
liable for delay costs or damages due to relocations of utilities which hinder progress
of the work.
02-08 CONSTRUCTION STAKING
All construction staking required to complete the work associated with this contract
shall be provided by the CONTRACTOR. The CONTRACTOR shall be responsible
for determining the layout and extent of staking necessary to construct the
improvements to the lines and grades shown in the Drawings and such staking shall be
satisfactory to the EIA, The CONTRACTOR shall consult with the EIA and Owners
Representative in the field for assistance as necessary. Sufficient staking materials and
equipment shall be provided by the CONTRACTOR including but not limited to: paint,
flagging, laths, hubs„blue tops, nails, hammers,measuring chains or tapes,transits and
levels. The CONTRACTOR shall be responsible for setting and marking control and
off-set points for measuring distances and angles, for shooting levels,and for any other
items pertaining to construction staking. This item shall not be paid for separately and
shall be considered subsidiary to other bid items.
OU90041 2020 Page 4 Special Conditions
SECTION 03-ACCESS AND TRAFFIC CONTROL
Access shall be provided for the public and emergency vehicles at all possible times.
When it becomes necessary to restrict access, the CONTRACTOR shall notify the
OWNER and coordinate with the OWNER, all applicable agencies (i.e. Fire
Department, E.M.S., Public Works, etc.), residents,and affected parties. If emergency
access is required during the work and such access is being hindered by the work, the
CONTRACTOR will suspend the work if necessary, and otherwise endeavor to assist
emergency personnel in accessing a location restricted by the work. Unless otherwise
approved by the E/A, at the end of each day all lanes of traffic shall be opened to the
public. The CONTRACTOR shall ensure compliance at all times with the accepted
Traffic Control Plan for the project and shall be responsible for all maintenance,
signing and safety precautions necessary for traffic control. These items shall be
included in the bid item Traffic Control.
009100 4 2020 Page 5 Spec all C'onida,mns
0104 4�3,164 3
01000 TECHNICAL SPECIFICATIONS
ITEM I GENERAL DESCRIPTION
1.01 SCOPE OF WORK
The or covered by these Specifications consists of furnishing all labor, equipment,
appliances, materials and performing all operations in connection with the inspection
and testing, complete in accordance with the Plans, and subject to the terms and
conditions oft e Contract Documents,
1.02 GOVERNING TECHNICAL SPECIFICATIONS
STREET,WATER, SEWER AND DRAINAGE IMPROVEMENTS
The and Rock Standard Specification Criteria Manual is hereby referred to and
included in this contract as fully and tote same extent as if copied at length herein,
ands all be applied to this project unless modified elsewhere as discussed below. The
aforementioned Criteria Manual is the"Standard Specifications" section oft e City of
Round Rock Design and Construction Standards, The Standard Specifications may be
accessed from the City of Round Rock website (AwAKp un d rock texas,M) at the
following we address: www.roundrocictexas.,& "Jacs.
Any adjustments,alterations,or additional information regarding Governing Technical
Specifications are contained in the Plans (Drawings), Details and Notes described in
Section 02000 of the Project Manual or are included in Attachment A at the end of this
Technical Specifications Section.
ITEM 2 CONTROL OF WORK
2.01 CLEAN-UP
2.01.1 CONSTRUCTION SITE
During construction, the CONTRACTOR shall keep the site free and clean from all
rubbish and debris and shall clean-up the site promptly when notified to do so by the
E/A.
The CONTRACTOR shall,at its own expense,maintain the streets and roads free from
dust, mud, excess earth or debris is constitutes a nuisance or danger to the public
using the thoroughfare, or the occupants of adjacent properties.
Care shall be taken to prevent spillage on streets and roads over which hauling is done,
and any such spillage or debris deposited on streets, due to the CONTRACT OR's
operations, shall be immediately removed.
Page 1
01000-4-2020 llcvhlllcai spe6fica6011S
00443645
2.01.2 BACKWORK
The CONTRACTOR shall coordinate his operations in such a manner as to prevent the
amount of clean-up and completion of back works from becoming excessive. Should
such a condition exist,the E/A may order all or portions of the work to cease and refuse
to allow any work to commence until the back work is done to the E/A's satisfaction.
2.02 GRADING
The CONTRACTOR shall do such grading in and adjacent to the construction area
associated with this contract as may be necessary to leave such areas in a neat and
satisfactory condition approved by the E/A,.
ITEM 3 EXAMINATION AND REVIEW
3.01 EXAMINATION OF WORK
The work covered under this Contract shall be examined and reviewed by the EJA,
representatives of all governmental entities which have jurisdiction, and the Owner's
Representative. The quality of material and the quality of installation of the
improvements shall be to the satisfaction of the E/A. It shall be the CONTRACTOR's
responsibility for the construction methods and safety precautions in the undertaking
of this Contract.
3.02 NOTIFICATION
The E°A and the OWNER must be notified a minimum of 24-hours in advance of
beginning construction,testing,or requiring presence of the EIA, Owner's or Owner's
Representative.
3.03 CONSTRUCTION STAKING
The ERA shall furnish the CONTRACTOR reference points and benchmarks that, in
the EIA's opinion,, provide sufficient information for the CONTRACTOR to perform
construction staking.
3.04 PROTECTION OF STAKES, MARKS, ETC.
All engineering and surveyor's stakes, marks, property comers, etc., shall be carefully
preserved by the CONTRACTOR, and in case of destruction or removal during the
course of this project, such stakes, marks, property comers, etc., shall be replaced by
the CONTRACTOR at the CONTRACTOR's sole expense.
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01000-4-2020 Technical Specifications
00443645
ITEM 4 PROTECTION AND PRECAUTION
4.01 WORK IN FREEZING WEATHER
Portions of the work may continue as directed byte E/A.
4.02 PROTECTION OF TR LE&PLANTS AND SHRUBS
The CONTRACTOR shall take necessary precautions to preserve all existing trees,
plants and shrubs but where it is justifiable and necessary the CONTRACTOR may
remove trees and plants for construction right-of-way but only with approval oft e
E/A.
4.03 TRAFFIC CONTROL MEASURES AND BARRICADES
Traffic control measures and barricades shall be installed in accordance with the Texas
Manual of Uniform Traffic Control Devices and in other locations deemed necessary
byte E/A, forte 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 arra gement forte disposal of
surplus material, such as rock, trees, brush and other unwanted backfill materials,
® 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 all 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 can
and specify the articles described or another equal thereto in quality, finish, and
serviceability for the purpose intended, as may be determined and judged byte EIA
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 ares ecifie y 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 1 echnical Spec ifications
00443645
manufacturer, but rather to set a definite standard of quality for performance, and to
establish an equal basis for the evaluation of bids. Where the words "equivalent",
"proper" or"equal to" are used,they shall be understood to mean that the item referred
to shall be "proper", the "equivalent" of, or "equal to" some other item, in the opinion
or judgment of the E/A. Unless otherwise specified, all materials shall be the best of
their respective kinds and shall be in all cases fully equal to approved samples.
Notwithstanding that the words "or equal to"or other such expressions may be used in
the specifications in connection with a material, manufactured article or process, the
material, article or process specifically designated shall be used, unless a substitute is
approved in writing by the E/A, and the EIA will have the right to require the use of
such specifically designated material, article or process.
Page 4
01000-4-2020 Technical Specifications
00443645
ATTACHMENT A
SECTION 01000 TECHNICAL SPECIFICATIONS
South 81 Composite Elevated Tank
Rehabilitation 2021
PARTI - GENERAL
1.01 SCOPE
A. This specification covers the minimum requirements for design, selection of
materials, fabrication, repairs, inspection,testing,cleaning and coating of a welded
carbon steel elevated storage tank and is intended to supplement the minimum
requirements of the applicable codes. This contract involves the corrosion related
welding and surfacing repairs, grinding, safety climb replacement, general
modifications and complete coating removal and re-application of the interior and
pressure was cleaning, spot preparationiprime, overcoating and Logo installation
of the exterior surfaces on the 1,250,000-gallon steel elevated storage tank known
as the of 81 CET constructed in 2002 by CB1 and owned by the City of Round
Rock. The Contractor shall be responsible for all labor, materials and equipment
necessary for the repairs, painting and disinfection of the interior and exterior tank
surfaces. The or oft is section includes the sediment removal, cleaning, repairs,
modifications, surface preparation and coating of all exterior and interior surfaces.
It is the intent oft ese specifications that the Contractor shall perform the work on
this tank in accordance with the following codes and specifications.
See Part 3.12, for a more complete listing and description of work.
B. The term "interior surfaces" shall refer to the inside of the tank proper, and all
appurtenances located inside the tank (i.e. ladders, etc.) to include the interior side
of all manholes, hatches, connections, roof, etc.
C. The term "exterior surfaces" shall refer tote outside of the tank proper and all
appurtenances located outside oft e tank including,valves,piping that are attached
and next tothe tank existing above grade.
D. The term "roof" shall refer tote roof plate, roof structure and all related
appurtenances comprising oft e existing roof.
E. The paints and painting products used for this project shall be manufactured by the
Tnemec Corporation only. No other painting manufacturers will be allowed for use
on this project. The contractor shall make arrangements for the Tnemec
representative to attend the pre-construction conference.
"Special NOTE: Containment of the work being conducted on the exterior
during cleaning, spot surface preparation and painting operations MAY be
required. If full containment is chosen Part 3.07 shall be followed.
Attachment A 1
1.02 PRE-CONSTRUCTION CONFERENCE
A. The City of Round Rock (OWNER) and HOT Inspection Services, Inc.,
(CONS ULTANTIINSPECTOR) shall arrange a meeting to be held before work
begins. The meeting will be held on-site with the following representatives present:
1) GENERAL CONTRACTOR and the CONTRACTOR'S SUPERINTENDENT
who will be on the job, 2) OWNER, including Project Managers, and Inspectors,
3) Paint manufacturer's representative. At this meeting the Specifications and
CONTRACTORS work schedule will be reviewed in detail. It is the responsibility
of the CONTRACTOR to notify his paint representative, subcontractor,
superintendent and other parties listed. OWNER/CONSULTANT will set up the
meeting date and time.
1.03 SPECIFICATIONS AND STANDARDS
A. Without limiting the general aspects of other requirements of these specifications,
all work on the water storage tank shall fully conform to the requirements of the
latest published editions of the following Standard Specifications.
+ AWWA D 100-Standard for Welded Carbon Steel Tanks for Water Storage
• AWWA D 102 - Standard for Panting Steel Water Storage Tanks
• AWWA C652— Standard for Disinfection of Water Storage Facilities
• AWS D 1.1 - Structural Steel Welding Code
• ASME Section IX Boiler and Pressure Vessel Code
• NACE International National Association of Corrosion Engineers
• SSPC —Steel Structures Painting Council
• ASTM —American Society for Testing and Materials
• NSF —National Sanitary Foundation
• OSHA Occupational Safety and Health Administration
• TCEQ Texas Commission on Environmental Quality
+ CFR a Code of Federal Regulation
• TAC Texas Administration Code
B. The Engineer's and Inspector's decision shall be final as the interpretation and/or
conflict between any of the referenced specifications and standards contained
herein.
1.04 CONTRACTOR
A. The Contractor shall be a specialists in the painting and rehabilitation of elevated
storage tanks and have a minimum of five (5) years' experience and successful
history in the AWWA D 100 Water Storage Industry and application of the specified
coatings products. Such experience must have been on a minimum of five (5)
projects in the State of Texas, completed during the existence of business under the
current company name and original ownership. The Contractor must be able to
demonstrate experience through the submittal of a project portfolio that
Attachment A 2
successfully documents the completion of the coatings rehabilitation of at least five
(5) Elevated Storage Water Tanks on a minimum size of 500,000-gal Ions. The
Contractor shall not subcontract the coatings rehabilitation tasks but may hire a
subcontractor to perform minor tank mod i ficationlrepairs, welding and
containment installation.
B. The Contractor shall submit with his bid the following information. No bid will be
considered unless this information is provided with the proposal.
• A list of five (5) Elevated Storage Tanks for potable water service that have
been rehabilitated within the last five years, including the owner, tank
capacity and the name of the Project Engineer and Inspector.
• A Preliminary or Final Containment Drawing(if being utilized)or plan with
a detailed method of containing the exterior work.
• A Preliminary Schedule that meets the City's needs and timeline for the
completion date based on the 120-day contract.
• A Valid Contingency Plan if delays occur and thea ility to execute the plan.
• A written statement by the coatings manufacturer stating that the Contractor
is familiar with the materials specified and has workers capable of
performing the work specified herein.
C. The personnel performing the work shall be knowledgeable and have the required
experience and skill to adequately perform the work for this project, in accordance
with AWWA DI 00, AWWA D 102 and SSPC-PAI, "Shop, Field and Maintenance
Painting".
D. The Contractor is responsible for all claims for any damage during the progress of
the tank rehabilitation and is especially forewarned of this responsibility so that he
may exert all possible precaution and care for protection of property which includes
the existing S.81 CET while under rehabilitation.
E. The contractor shall protect the public from harm caused byte Contractor's
actions and performance oft e work, Prior to the start of work or mobilization on
site, the Contractor shall submit a site-specific Public Safety Plan based on the
Contractor's selected work methods. The plan shall include necessary plans and
measures to protect the general public from harm. Safety signs, warning signs,
protective barriers and safety warning devices for daylight and nighttime protection
shall be installed.
F. When not working on the tank or site (such as during the evening, weekends,
holidays, or bad weather days),the Contractors all secure all openings in the tank,
the exterior pedestal doors and access or rigging devices. The Contractor shall lock
the site fencing, equipment and supply storage containers. The Contractor shall be
solely responsible for the security of the site, tank, equipment and supplies during
working and non-working hours.
Attachment A 1 3
1.05 QUALITY ASSURANCE
A. General: Quality assurance procedures and practices shall be utilized to monitor
all phases of erection, welding surface preparation, application and inspection
throughout the duration of the project. Procedures or practices not specifically
defined herein may be utilized provided they meet recognized and accepted
professional standards and are approved by the Engineer and City's Inspector.
All work in both shop and field shall conform to all current applicable requirements
of the ANSI/AWWA D100 ("AWWA Standard for Welded Steel Tanks for Water
Storage") and ANSI/AWWA D102 ("AWWA Standard for Coating Steel Water-
Storage Tanks"). The completed tank structure shall also comply with the latest
requirements of the Occupational Safety and Health Act. All members shall be
designed to safely withstand the maximum stress to which they may be subjected
during erection and operation. All welding shall conform to the latest version of
AWWA D-107 and AWWA D-100. The Contractor shall submit a list of all
welders and provide a copy of current welding certifications for each welder prior
to beginning construction. All welders shall be qualified in accordance with the
current ASME, Section IX or AWS D1.1 (tests as described in AWS B2.1) to the
procedures and processes required to accomplish the work.
A form for recording the daily activities of the contractor not limited to roof
modifications,surface preparation and coatings application shall be provided by the
contractor and submitted at the beginning of the job for approval by the City's
Inspector. The information required on the form is listed under Part 3.10 of this
specification.
Each day during the surface preparation and coatings activities the air temperature,
steel surface temperature, humidity and dew point shall be measured, and recorded
by the Contractor prior to beginning of blasting and prior to application of coating
daily. Atmospheric conditions shall be measured and recorded at least every 3
hours and when climatic conditions begin to change. All environmental readings
shall be recorded and placed in a file located on the job site and made available for
daily owner review, This file shall be turned over to the Owner's Inspector at the
end of the job.
Surface temperature shall be measured by using approved thermometers.
Temperature of both the sunny side and shady side of the reservoir shall be recorded
periodically each day. The dew point shall be measured and recorded at least every
3 hours by use of a digital or sling Psychrometer in conjunction with U.S.
Department of Commerce Weather Bureau Psychrometric Tables. The reservoir
surface temperatures, relative humidity, dry bulb, wet bulb and dew point
temperatures both interior and exterior(as appropriate) are to be recorded.
Attachment A 4
B. Surface Preparation: Surface preparation will be based upon comparison with:
"Pictorial Surface Preparation Standards for Painting Steel Surfaces: SSPC-Vis I-
02, SSPC-Vis 3-04 and SSPC-Vis 4-01, ASTM Designation D2200-17, "Standard
Methods of Evaluating Degree of Rusting on Painted Surfaces", ASTM D 4417-
14, Method A an&or Method C, "Standard Test Method for Field Measurement of
Surface Profile of Blast Cleaned Steel" or MACE SP0287-16,"Field Measurement
of Surface Profile of Abrasive Blast-Cleaned Steel Surfaces Using Replica Tape"
MACE SPO 178-07, "Design, Fabrication, and Surface Finish Practices for Tanks
and Vessels to Be Lined for Immersion Service", along with the Visual
Comparator, shall be used to verify the surface preparation of welds. In all cases
the written standard shall take precedence over the visual standard. In addition, See
special section 3.03 Surface Preparation.
C. Al2plicatiow, No coating or paint shall be applied when: 1) the surrounding air
temperature or the temperature of the surface to be coated or painted is below the
minimum surface temperature for the products specified herein, 2) rain, snow, fog
or mist is present, 3) the temperature is less than 5'F above the dew point, 4) the
air temperature is expected to drop below the minimum temperature for the
products specified within six hours after application of coating, 5) the relative
humidity is above 89% and/or surface temperature will exceed the recommended
temperatures within six hours after application of coating. Dewpoint shall be
measured by use of an instrument such as a Sling Psychrometer in conjunction with
U.S. Department of Commerce Weather Bureau Psychometric Tables. If any of the
above conditions are prevalent, coating or painting shall be delayed or postponed
until conditions are favorable. The day's coating or painting shall be completed in
time to permit the film sufficient drying time prior to damage by atmospheric
conditions.
D. Thickness and Holiday Checking Thickness of coatings and paint shall be
checked with a non-destructive, magnetic-type thickness gauge, as per SSPC-PA 2
"Measurement of Dry Film Thickness with Magnetic Gages". References in PA 2,
which allow 80% of the minimum thickness specified, are not acceptable. The
integrity of all interior coated surfaces may be checked with a low voltage holiday,
detector in accordance with NAGE Standard SPO 188, Destructive holiday detector
shall not exceed the voltage recommended by the manufacturer of the coating
system. A solution of 1-ounce non-sudsing type wetting agent, such as Kodak
Photo-Flo, and I gallon of tap water shall be used to perform the holiday testing.
All pinholes and/or holidays shall be marked and repaired in accordance with the
manufacturer's printed recommendations and retested. The CONTRACTOR shall
perform the holiday testing under the supervision of the INSPECTOR. All touched
up pinholes and re-coated areas shall cure for a minimum of seven (7)days prior to
re-testing for holidays. No pinholes, holidays or other irregularities will be
permitted in the final coating.
Attachment A
E. Inspection Devices: The contractor shall furnish, until final acceptance of coating
and painting is accepted, inspection devices in good working condition for
detection of holidays and measurement of dry film thickness of coating and paint.
The Contractor shall also furnish U.S. Department Commerce,National Bureau of
Standards certified thickness calibration plates and/or plastic shims, depending
upon the thickness gauge used, to test the accuracy of dry film thickness gauges
and certified instrumentation to test the accuracy of holiday detectors. Dry film
gauges and holiday detectors shall be made available for the Engineer's use at all
times until final acceptance of application. Holiday detection devices shall be
operated in the presence of the Owner's Representative.
F. Inspection: Owner will retain the services of HOT Inspection Services, Inc., an
independent Engineering Technician, AWS Certified Welding Inspector and
NACE Certified Coating Inspector for project management, construction
observations and quality conformance inspections during the project duration. The
observation/inspection process of the welding techniques, preparation of steel, and
coatings applications will help assure quality control and specification compliance.
Contractor is responsible for providing access to tank, communicating work
progress, and coordinating inspection services with Owner's independent
consultant. The inspection company shall report to the engineer. The inspector
shall communicate directly with the CONTRACTOR'S SUPERINTENDENT.
Final inspections shall be performed in the presence of the ENGINEER, OWNER
and/or INSPECTOR and the CONTRACTORS SUPERINTENDENT. All
materials and equipment used in the accomplishment of testing are subject to
inspection at any time by the ENGINEER, OWNER and/or INSPECTOR.
The CONTRACTOR shall not move or remove scaffolding, ladders or other
fixtures necessary to provide proper inspection until such work has been inspected
and approved by the INSPECTOR and/or the ENGINEER/OWNER.
Inspection for this project shall consist of `hold point' inspections. The owner's
inspector shall inspect the surface prior to abrasive blasting, after abrasive blasting
but prior to application of coating materials, and between subsequent coats of
material. Final inspection shall take place after all coatings are applied, but prior
to placing the tank in service. The interior coating shall be allowed to cure for a
minimum of 7 days prior to inspection. Contractor will insure that sufficient
rigging is in place so that the Engineers"OWNER or his representative shall be able
to safely conduct the required inspections. Irregularities due to poor workmanship
will be corrected by the CONTRACTOR at his expense. Re-inspection fees
charged by the INSPECTOR will be the responsibility of the CONTRACTOR.
The Owner and Engineer reserve the right to require this correction at any time
during construction or at final inspection.
Attachment A
G. First AnnnniivxetrEsaaalr3�'lilLIIRRIResti m The First Anniversary Inspection as described in
Section 5.2 of AWWA D102-17 shall apply. The Inspection shall be scheduled
during the eleventh month following acceptance of all coating and painting work.
All defective work shall be repaired in accordance with this specification, AWWA
D102, unless otherwise specified here within. All defective work shall be repaired
tote satisfaction of the Engineer and/or Owner. The Contractor's Performance
and or separate Maintenance and shall be in force until after remedial work is
performed. The Contractor shall warranty all repair work for one year.
Interior surfaces of the reservoir shall be inspected within 12 months after the
reservoir work has been accepted and placed in service. If an inspection date has
not been established within 13 months after the reservoir has been placed in service,
the anniversary inspection shall be considered waved, except in the event the
OWNER is unable to remove the reservoir from service due to extremely long dry
climate conditions or otherwise adverse weather conditions or due to unexpected
breakdowns in the OWNER's distribution system. The date of anniversary
inspection may be extended for a period of time not to exceed twenty-four (24)
months beyond the date of final completion and acceptance of the work.
If failures in any portion of the reservoir surface, exceed five (5) percent of that
portion, as determined by the OWNER, then for that portion, the entire coating
system shall be completely removed,re-coated and re-tested in accordance with the
specifications herein. In the event any portion of the reservoir surface requires
complete repair as provided herein, a second anniversary inspection shall be made
unless the O"ER otherwise deems it not to be necessary. If subsequent
anniversary inspections are to be made, time stipulations, coating removal, repair,
re-testing and anniversary inspection requirements shall be the same as provided
for in this specification.
The OWNER will isolate the reservoir from the distribution system and drain the
reservoir. The CONTRACTOR shall open, clean out, high-pressure water wash
and rinse the tank prior to anniversary inspection. After inspection of the tank is
complete, the CONTRACTOR shall disinfect the reservoir and properly seal the
tank prior to placing it into service, with no charge tote OWNER. Disinfection
of the tank, after anniversary inspection, shall be as per disinfection procedures
stated in Section 3.05 of this specification.
The CONTRACTOR shall provide suitable and adequate equipment including:
lighting, ventilation, rigging, cable climbers, mirrors, inspection equipment, and
sufficient man-power to clean, disinfect and move equipment and tools around the
tank, etc., as may be necessary to facilitate complete inspection of all interior
surfaces. The CONTRACTOR shall bear all costs of the anniversary inspection
and shall incorporate such costs into his bid. This shall include the owner's 31
party inspector's fees.
Attachment A 7
Any location, including but not limited to locations where a coating has peeled off,
bubbled, blistered, chipped, or cracked, etc., or where pinholes and/or holidays are
present and locations where rusting or corrosion is evident, will be considered a
failure or defect of the coating system and shall be repaired as required. Repairs
will be made at areas or locations where coating failures are found.
Methods of testing for coating failure which, may or may not be evident, shall
include, but not be limited to, adhesion tests, film thickness measurement, holiday
testing, etc. Testing may be non-destructive or destructive. The CONTRACTOR,
at his expense, shall repair all areas where destructive tests are performed.
The anniversary repair work shall be completed within an agreed time period as
determined by the OWNER and CONTRACTOR. All repairs shall be made as per
the coating manufacturers written repair work instructions or that which is approved
and acceptable to the OWNER and completed within ninety (90) calendar days of
the anniversary inspection.
1.06 SAFETY AND HEALTH REQUIREMENTS
A. General: In accordance with requirements set forth by regulatory agencies
applicable to the construction industry and manufacturer's printed instructions and
appropriate technical bulletins and manuals, the Contractor shall provide and
require use of personal protective lifesaving equipment for persons working on or
about the project site.
B. Head and Face Protection and Respiratory Devices: Equipment shall include
protective helmets, which shall be worn by all persons while in the vicinity of the
work. In addition, workers engaged in or near the work during sandblasting shall
wear eye and face protection devices and air purifying half mask or mouthpiece
respirators with appropriate filters. Barrier creams shall be used on any exposed
areas of skin.
C. Ventilation: Where ventilation is used to control hazardous exposure, all
equipment shall be explosion-proof. Ventilation shall reduce the concentration of
air contaminants to a degree that a hazard does not exist. Air circulation and
exhausting of solvent vapors shall be continued until coatings have fully cured for
immersion service. From the beginning of interior coating and until interior coating
is complete,the CONTRACTOR shall monitor the air for its lower explosion limit
(LEL). CONTRACTOR shall submit to the ENGINEER, for review and approval,
the air monitors technical literature. The ENGINEER/OWNER and his
representatives shall be allowed to check and inspect the monitor at any time.
D. Sound Levels: Whenever the occupational noise exposure exceeds maximum
allowable sound levels,the Contractor shall provide and require the use of approved
ear protection devices. Noise control of equipment during working and non-
working hours shall be submitted to the ENGINEER/OWNER for review and
approval. If excessive noise is noted by the OWNER or neighboring residents, the
Attachment A 8
CONTRACTOR shall modify or replace the existing equipment to reduce the noise
to an OWNER acceptable level. CONTRACTOR shall bear all costs for noise
reduction and incorporate this cost and any others into their bid.
E. Illumination. Adequate illumination shall be provided while work is in progress,
including explosion-proof lights and electrical equipment. Whenever required by
the Engineer or Owner's Representative, the Contractor shall provide additional
illumination and necessary supports to cover all areas to be inspected. The
inspectors all determine the level of illumination for inspection purposes.
F. Temilorary Ladders and Scaffon All temporary ladders and scaffolding
shall conform to applicable safety requirements. They shall be erected where
requested by the Inspector or Engineer to facilitate inspection and be moved by the
Contractor to locations requested by the Engineer or Owner's Representative.
G. The Contractor is reguired to submit the following u12 n selection:
1. Safety Program in writing and schedule of regularly scheduled safety
orientation meetings complying with OSHA.
2. Detailed work schedule.
3. Quality Control Program.
4. Schedule of values in accordance with the contract scope of work.
5. Any sub-contractors to beemployed on the project such as scaffolding
contractor, containment contractor and or welding contractor.
6. Dehumidification and Dust Collection System Supplier/Manufacturer.
7. Detailed drawing of containment rigging, attachments and shroud. Statement
of wind load resistance to be considered during bad weather days. (if being
employed on the project)
8. Tnemec coating system submittals in accordance with specifications.
9. Contact names and phone numbers.
10. List of inspection devices and equipment to be on site at all times.
H.
it Monitoring: Ambient Air Quality – Visible Emissions: Visible emissions
Tha-11be used as criteria for project shut down until corrections to the containment
are made. Visible emissions shall be determined in accordance with 40 CFR 60,
Appendix A, Method 22. If required by the Texas Air Control Board, the
Contractor shall provide additional monitoring as follows: Ambient Air Quality
for Particulate Matter (40 CFR 50): Emissions in excess of 150 up/m3 of PM 10
over a 24-hour period shall be cause for shut down of the project until corrections
to the containment are made to comply with this level. Monitoring for this level
shall be accomplished using high volume air samplers.
1. Environmental Regulations: Compliance with local,state and federal regulations
concerning emissions, transportation or disposal of solid, particulate, liquid, or
gaseous matter as a result of the cleaning, painting, or other operations under this
contract shall be the responsibility of the Contractor. Any fines or damages
imposed on the Owner, Engineer, or Inspector/Field Observer by any regulatory
Attachment A 9
agency or court as a result of the Contractor's noncompliance with environmental
or nuisance regulations or any other applicable standard shall be paid for or
reimbursed by the Contractor.
1.07 PRODUCT DELIVERY, STORAGE & HANDLING
A. All materials shall be brought to the jobsite and identifiable by MTR's,certification
reports and or batch numbers. The coatings shall be in the original sealed containers
from the Manufacturer. Within 48 hours of coating delivery to the job site, the
CONTRACTOR shall record the delivered material and the batch number stamped
on each coating container and maintain the record in the daily log for examination
by the INSPECTOR AND ENGINEER. Minimum information required will
include: date of delivery to job site, name and signature of superintendent
recording the data, list of certification reports, MTR's and batch number including
corresponding coating identification, date of manufacture and volume of each
container. They shall not be used until the INSPECTOR OR ENGINEER has
inspected the contents. Manufacturer's Material Safety Data Sheets (MSDS) for
all coating products used on the jobsite shall be submitted to the OWNER at the
preconstruction conference or prior to commencing work. Materials exceeding
storage life recommended by the manufacturer shall be rejected.
B. All coatings and paints shall be stored in enclosed structures to protect them from
weather and excessive heat or cold. Flammable coatings and paints must be stored
to conform to City, County, State and Federal safety codes for flammable coating
or paint materials. At all times coatings and paints shall be protected from freezing.
PART 2 - MATERIALS
2.01 ACCEPTABLE MANUFACTURERS
A. The paints and paint products used for this project shall be manufactured by The
Tnemec Corporation. No other paint manufacturer will be allowed for use on this
project.
2.02 GENERAL REQUIREMENTS
A. All materials shall be lead-free as defined by the Consumer Product Safety Act,
Part 1303. Additionally, all materials shall be free of other heavy metals such as
chrome, mercury and cadmium.
B. All materials for the interior wetted portion of the tank shall meet the requirements
of ANSUNSF Standard 61 for potable water contact.
C. No coating submitted or used on this project shall have a VOC (Volatile Organic
Content) in excess of 340 grams/liter or 2.8 lbs./gal.
Attachment A 10
2.03 MATERIAL PREPARATION
A. Mix and thin materials according to manufacturer's latest printed instructions.
B. Do not use materials beyond manufacturer's recommended shelf life.
C. Do not use mixed materials beyond manufacturer's recommended pot life.
2.04 COATING SYSTEM
A. Tank Exterior Overcoating System
1. Weld Preparation: Weld flux and spatter shall be removed by power tool
cleaning. Sharp projections shall be ground to a smooth contour. All welds
shall be ground to a smooth contour as per NAC E Standard SP0178,
Designation D.
2. Surface Preparation: All surfaces shall be prepared ata minimum
cleanliness level as defined by SSPC-SP J- ACE WJ-4 Light
cleaning by use of Low Pressure Water Cleaning (LP WC) between
3,500 and 5,000 psi using a zero degree rotating tip to remove all oil,
chalk, dust, in and other contaminants. If all visible contaminates,
existing overspray,surface irregularities, loose rust and loose paint have
not been removed, SP - P2 and Tool Cleaning or SSPC-SP3 Power
Tool Cleaning should be employed until the surface cleanliness is met.
Clean all failed, rusting areas and where welding is required as per
SSC-SP-I I Power Tool Cleaning, taking care to not burnish the
burnish the surface and provide a minimum 1.0 mil angular anchor
profile. Feather all edges smooth and spot prime.
3. Coating System:
of Prime: Tnemec Series N 140F(1255 Beige)applied at 2.0 to 4.0 dry
mils. Thin only as instructed in manufacturers data sheets.
1st Coat: Tnemec Series 73 Endura-Shield (15BL) applied at 2.5 to
3.0 dry mils. (Two coats may be required if applied by
roller.) Thin only as instructed in manufacturers data sheets.
Finish Coat: Tnemec Series 700 Hydroflon (57BR Cloud) applied at 2.5
to 3.0 dry mils. Thin only as instructed in manufacturers data
sheets.
LOGO: Tnemec Series 700 HydroFlon (Per Logo Drawing) applied
at 2.0 to 3.0 dry mils. Thin only with approved thinner,
Tnemec 41-63 Thinner.
Attachment A 1 I
Total dry film thickness shall be a minimum of 5 mils applied as an overcoat addition to
the spot repaired minimum thickness of 2 mils and existing coating thickness. All
measurements per SSPC-PA 2 dry film inspection standards, with exception as noted in
this specification.
For cold weather applications, Series 44-710 Urethane Accelerator may be added to
Series 73 at the rate specified on the Series 44-710 product data sheet.
B. Tank Interior(Wet) Coating System—Zinc/Epoxy System
1. Weld Preparation: Weld flux and spatter shall be removed by power tool
cleaning. Sharp projections shall be ground to a smooth contour. All welds
shall be ground to a smooth contour as per NACE Standard SP0178,
Designation D.
2. Surface Preparation: SSPC-SP-10 Near-White Metal Blast Cleaning.
Anchor profile shall be 1.5 to 2.5 mils as per ASTM D 4417, Method C or
NACE Standard SP0287 is required.
3. Coating System:
I"Coat: Tnemec Series 94-H2O Hydro-Zinc applied at 2.5 to 3.5 dry
mils. Thin only as instructed in manufacturers data sheets.
Stripe Coat: Tnemec Series N 140F Pota-Pox Plus (1255 Beige) applied
by brush and scrubbed into all weld seams. In addition to
weld seams, all edges, corners, bolts, pits shall receive a
stripe coat. This shall be a separate step. The 2"d coat or
subsequent coat shall not be applied until the recoat time has
been achieved. Thin only as instructed in manufacturers data
sheets.
2nd Coat: Tnemec Series N140F Pota-Pox Plus (15BL Tank White)
applied at 6.0 to 8.0 dry mils. Thin only as instructed in
manufacturers data sheets.
3rd Coat: Tnemec Series 141 Epoxoline (1255 Beige) applied at 15.0
to 18.0 dry mils. Thin only as instructed in manufacturers
data sheets.
Total dry film thickness on all surfaces shall be a minimum of 23.5 mils and maximum
28.5 mils per SSPC-PA 2 dry film inspection standards, with exception as noted in this
specification.
Series 44-710 Accelerator must be used with Series 94-H2O if the surface temperature is
35°F to 60°F and 2016 to 4016 relative humidity.
Attachment A 12
C. Tank Interior (Dry) Coating System —Epoxy System
1. Surface Prer)aration: SSPC-SP-I I Power Tool Cleaning with a profile
of 1.5 mils minimum per ASTM D4417, Method C or MACE Standard
SP0287 is required on any rusting or abraded areas identified for or spot
repairs. SSPC SP-1 Solvent Wipe to assure clean surface for finish coat
application.
2. Coating System:
of Prime: Tnemec Series N 1 OF(1255 Beige) applied at 2.0 to 4.0 dry
mils. Thin only as instructed in manufacturers data sheets,
Finish Coat: Tnemec Series N140F Pota-Pox Plus (15BL Tank While)
applied at 2.0 to 4.0 dry mils. Thin only as instructed in
manufacturers data sheets.
D. Mechanical Piping Coating System—Epoxy[Uret hane System
1. Surface Prenaration: SSPC-SP-I I Power Tool Cleaning with a profile
of 1.5 mils minimum or SSPC-SP-6 Commercial Blast Cleaning per ASTM
D4417, Method C or NAGE Standard SP02 is required on any rusting or
abraded areas identified for spot repairs. SSPC SP-I Solvent Wipe to assure
clean surface for prime and finish coat application.
2. Coating System:
Prime: Tnernec Series N 140F (1255 Beige) applied at 4.0 to 6.0 dry mils.
Thin only as instructed in manufacturers data sheets.
Finish Coat: Tnemec Series 73 Endura-Shield (15BL) applied at 2.5 to
3.0 dry mils. (Two coats may be required if applied by
roller.) Thin only as instructed in manufacturers data sheets.
PART 3 - EXECUTION
3.01 COATINGS
A. All surface preparation, coating and painting shall conform to applicable standards
of the Steel Structures Painting Council, NCE International and the
manufacturer's printed instructions. Materials applied to the surface prior to the
approval of the Engineer shall be removed and re-applied to the satisfaction of the
Engineer at the expense of the contractor.
B. All work shall be performed by skilled craftsmen qualified to perform the required
work in a manner comparable with the best standards of practice. Continuity of
personnel shall be coordinated with the Inspector.
Attachment A 13
C. The Contractor shall provide a supervisor at the work site during cleaning and
application operations. The supervisor shall have the authority to coordinate work
and make decisions pertaining to the fulfillment of the contract.
D. Dust,dirt,oil,grease or any foreign matter that will affect the adhesion or durability
of the coating or paint must be removed by washing with clean rags dipped in an
approved cleaning solvent and wiped dry with clean rags.
E. Coating and painting systems include surface preparation, prime coating, stripe
coating and finish coatings. Unless otherwise approved in writing by the Engineer,
prime coating shall be field applied. The Contractor shall use repair procedures,
which insure the complete protection of all adjacent primer. All repair procedures
shall be in accordance with the coating manufacturer's written recommended
methods. It is the responsibility of the CONTRACTOR to provide the ENGINEER,
INSPECTOR and OWNER with the coating manufacturer's written recommended
repair procedures. The specified repair method and equipment may include wire
brushing, hand or power tool cleaning,or dry air blast cleaning. In order to prevent
injury to surrounding painted surfaces, blast cleaning may require use of lower air
pressure, smaller nozzle and/or abrasive blast particles, or shorter blast nozzle
distances from surface shielding and masking. If damage is too extensive or
uneconomical to touch-up, the entire item shall be blasted and then coated or
painted as directed by the Engineer.
F. The Contractor's coating and painting equipment shall be designed for application
of materials specified and shall be maintained in first class working condition.
Abrasive blast equipment shall be equipped with noise reducing devices, hose
coupling safety devices, electrical grounding devices, fresh air hoods, and "Dead
Man" switches on all blast hoses. Compressors shall have suitable traps and filters
to remove water and oils from the air. Contractor's equipment shall be subject to
approval of the Inspector. All equipment shall comply with current OSHA
regulations.
G. Application of the first (prime coat) coat on the exterior shall follow immediately
after surface preparation and before rust bloom occurs or the same day, whichever
is less. Application of the first(prime coat) coat on the interior shall follow within
multiple days of surface preparation utilizing the dehumidification equipment
designed to hold the blast from rust bloom. Dehumidification equipment shall be
used for all interior wet and dry areas. Therefore,all blasting and cleaning shall be
completed prior to any coating application. Any cleaned areas not receiving first
coat within this period shall be re-cleaned prior to application of first coat. All
blasted surfaces shall be coated to within 6 inches of the edge of a blasted area.
Attachment A 14
3.02 TANK REPAIRS and TANK MODIFICATIONS
A. General Rellairs - Field welding shall conform tote minimum requirements of
AWS 131.1, A D100, Section 8 and specifications here within. The
contractor shall ensure welders or welding operators are qualified in accordance
with ASME Section IX or ANSLIAWS B2.1. All fabrication and shop assembly
shall conform to the minimum requirements of AWWA 13100, Section 9 and
specifications here within.
1. General Repairs of Foundation, Roof, Shell, Floor, and Appendages -- Make any
necessary interior,'exterior welding repair, corrosion related repairs and general
repairs to the tank and foundation. This includes: Repairing concrete foundation
cracks and voids by cleaning and filling cracks with flexible concrete patching
mortar. Repairing any holes in the floor, shell, cone and roof after initial interior
abrasive blasting that unveils any metal loss or pitting by weld overlay, applying
100% solids epoxy surfacing compound. Grinding all sharp edges, welds latter,
arc strikes,uneven weld profiles,and any other defects that do not provide adequate
anchor profile and causes a lack of coating adhesion. The inspector should identify
any repairs necessary. Plate shall be a minimum thickness 1116" for roof repairs
and 1 4" for shell, cone and floor overlay repairs. Overlay(scarf plate) installation
is acceptable on the roof, shell, cone and floor. Seal weld all plate utilizing a
welding sequence, is shall be adopted so that plates are assembled and welded
together by a procedure that will result in a minimum of distortion from weld
shrinkage.
1 Seam Sealing and Epoxy Surfacing—Apply Tnemec Series 215, 100%solids epoxy
surfacing compound over primer on areas deemed necessary for pit filling due to
pitting corrosion. Apply a Sika ex I A, polyurethane elastomeric sealant on areas
deemed necessary for sealing of gaps as directed by the inspector. The color shall
be determined dependingon its application step being before orafter the finish coat.
B. Safely Climb and Ladder Railing Obstructions: The existing safety climb is a
rigid pipe railing and has been determined that a new stainless safety rail is to be
installed in place of the existing. There is antenna and conduit attached to the
interior of the pedestal and interior dry access tube. It restricts the use of the ladder
railing by not providing a minimum of 3"of clearance. The following shall apply:
I. All design and construction shall meet the AWWA 13100, OSHA and TCEQ.
2. Interior dry and wet ladders— Provide an TS Stainless Steel Safety Rail fall arrest
system by French Creek Production that meets OSHA regulations. The system
shall be supplied compete with safety harnesses,trolley and lanyard for one person.
3. Interior dry ladders—Render the ladder railing OSHA compliant by re-positioning
the cable and conduit along the ladder rail to provide a minimum of 3" clearance.
Attachment A 15
3.03 SURFACE PREPARATION
A. The latest revision of the following surface preparation specifications of the Steel
Structures Painting Council {SSPC} shall form a part of this specification. The
summaries listed below are for informational purposes; consult the actual SSPC
specification for full detail.
1. Solvent Cleaning(SSPC-SPI): Removal of oil, grease, soil and other
contaminants by use of solvents, emulsions, cleaning compounds, steam
cleaning or similar materials and methods, which involve a solvent, or
cleaning action.
2. Hand Tool Cleaning(SSPC-SP2): Removal of loose rust, loose mil
scale and other detrimental foreign matter to a degree specified by hand
chipping, scraping, sanding and wire brushing.
3. Power Tool Cleanins(SSPC-SP3): Removal of loose rust, loose mil scale
and other detrimental foreign matter by power wire brushing, power impact
tools or power sanders.
4. White Metal Blast Cleaning (SSPC-SP5/NACE No. 1): Air blast
cleaning to a gray-white uniform metallic color until each element of
surface area is free of all visible residues.
5. Commercial Blast Cleaning (SSPC-SPG NACE No. 3): Air blast
cleaning until at least two-thirds of each element of surface area is free of
all visible residues.
6. Brush-Off Blast Cleaning (SSPC-SP7 NACE No. 4): Air blast cleaning
to remove loose rust, loose mil scale and other detrimental foreign matter to
a degree specified.
7. Near-White Metal Blast Cleaning (SSPC-SP10 NACE No. 2): Air blast
cleaning until at least 95% of each element of surface area is free of all
visible residues.
8. Power Tool Cleaning to Bare Metal (SSPC-SP11): Differs from SSPC-
SP3 in that it requires more thorough cleaning and a surface profile not
less than l mil.
B. Slag, weld metal accumulation and spatters not removed by the Fabricator, Erector
or Installer shall be removed by chipping and/or grinding. All sharp edges shall be
peened, ground or otherwise blunted as required by the Engineer. All grinding and
finishing of welds, edges, etc. shall be performed prior to solvent cleaning and
abrasive blasting. Welds shall be prepared as per NACE Standard SP0178
designation D for all interior and exterior surfaces.
Attachment A 16
C. Field blast cleaning for all surfaces shall be by dry method unless otherwise
directed. Blast nozzles shall be venturi-type nozzles with a minimum pressure at
the nozzle of 90 psi,
D. Particle size of abrasives used in blast cleaning shall be that is will produce a
1.5 - 3.0 it surface profile or in accordance with recommendations of the
manufacturer of the specified coating or paint system to be applied.
E. Abrasive used in blast cleaning operations shall be free of Silica and contaminants
that would interfere with adhesion of coating or paint and shall not be reused unless
specifically approved in writing by the Engineer. Selection should be made based
on notice that emissions are to be a minimal nuisance as allowed by the Federal,
State and Local Regulations and or contained. All abrasive medias all be removed
from the facility and disposed of byte Contractor. The abrasive manufacturer,
media type and grit sizes all be submitted and approved byte Owner.
A Blast Media Recovery and Separation System and the use of re-usable abrasive
such as steel grit/shot may be used on this project. If approved the following criteria
shall be met: The steel grit shall meet the requirements of SSPGAB 3, Newly
Manufactured or Re-Manufactured Steel Abrasives,and be approved for use by the
manufacturer of blasting, media recovery, and separation equipment. The initial
quantity of grit shall consist of an artificial working mix determined by the
CONTRACTOR to produce an acceptable profile in accordance with these
specifications. Any used steel grit used on this Project shall be sampled before use
by the FIELD OBSERVER and the CONTRACTOR and the CONTRACTOR shall
have the samples sent to a laboratory for inductively coupled plasma-atomic
emission spectrometry analyses for total lead. The steel grit shall not be used until
the results of the inductively coupled plasma-atomic emission spectrometry
analyses testing are submitted to the OWNER and indicate that the total lead levels
are less than 250 ppm (<0.025%).
Blast Media Recovery and Separation System:
(1) Equipment Requirements: The equipment provided for the spent abrasive
recovery and media separation shall be a portable commercial recycling abrasive
blast machine. The re-used abrasive shall comply with the requirements of SSPC-
AB 2, Specification for Cleanliness of Recycled Ferrous Metallic Abrasives. The
systems all be capable of recovering the abrasive,and returning the spent cleaning
debris to a dust separator is shall be an integrated part of the machine. The
waste material shall be placed in hazardous container drums in accordance with the
Removal and Disposal of Cleaning Residue paragraph oft is specification.
(2) Equipment Characteristics: Asa minimum, the vacuum system used to recover
the spent blasting material shall contain the following:
i. A double-chambered ASME pressure vessel, which can effectively recycle blast
media on a continuous basis, with no interruption, except for air filter back-
flushing, media loading to the machine, and removal of collected dust and spent
cleaning debris,
Attachment A 17
ii. A dust filter back-flushing system.
iii. An air-drying system consisting of an air-cooled after cooler, sling
separator, and desiccant drier.
All abrasive media shall be removed from the facility and disposed of by the
Contractor in accordance with the Local, State and Federal Regulations. The
abrasive manufacturer, media type and grit size shall be submitted and approved by
the Engineer/Owner.
F. The Contractor shall keep the area of his work and the surrounding environment in
a clean condition. He shall not permit blasting materials to accumulate as to
constitute a nuisance or hazard to the accomplishment of the work, the operation of
the existing facilities or to the surrounding environment. If blast abrasive is left on
the tank floor while painting the ceilings and walls,no paint may be applied to walls
within six feet of the floor.
G. Blast cleaned surfaces shall be cleaned prior to application of specified coatings or
paint. All surfaces shall be free of dust, dirt, and other residue resulting from the
abrasive blasting operation. No coatings or paint shall be applied over damp or
moist surfaces.
H. All welds shall be neutralized with a suitable chemical compatible with the
specified coating or paint.
3.04 APPLICATION, GENERAL
A. Coating and paint application shall conform to the requirements of the Steel
Structure Painting Council Paint Application Specification SSPC-PA 1, latest
revision, for "Shop, Field and Maintenance Painting".
B. Thinning shall be permitted only as recommended by the manufacturer and
approved by the Engineer.
C. Each application of coating or paint shall be applied evenly, free of brush marks,
sags, runs, bubbles, drips, waves, laps, unnecessary brush marks, over spray,
environmental contaminants or other physical defects, including shadows, and be
UNIFORM in color, texture and gloss. Thus, all coatings shall be applied in a
professional manner to achieve the specified dry film thickness (DFT). Coatings
and paints shall be sharply cut to lines. Finished surfaces shall be free from defects
or blemishes. Cleaning and coating shall be scheduled such that dust and other
materials from adjoining work will not contaminate wet or newly coated surfaces.
The CONTRACTOR shall submit written detailed procedures for all surface
preparation and application of coating, including touch-up procedures. The
procedures shall be approved by the ENGINEER and OWNER,with no exceptions,
before any surface preparation, application, or touch-up begins.
Attachment A 1
D. Protective coverings,masking or drop cloths shall be used to protect floors,fixtures,
piping, and equipment. Care shall be taken to prevent debris or any other foreign
matter from entering water mains, The covers and plugs shall remain in place until
just prior to filling the tank for disinfection. Care shall be exercised to prevent
coatings or paints from beings attere onto surfaces, is are not to be coated or
painted. Report to the Inspector surfaces from which materials cannot be
satisfactorily removed.
E. When multiple coats of coating or paint are specified, each coat shall contain
sufficient approved color additive to act as an indicator of coverage or the
subsequent coats must be of contrasting color,
F. Steel surfaces that have rusted or changed colors all be re-blasted in accordance
with these specifications. No visible rust shall be overcoats d under any
circumstances. Painting shall not take place when the atmospheric temperature is
below orabove the coating manufacturer's written instructions, orabove 50"F or
when the steel surface temperature is less than ore l to 5"'T above the dew point,
or when the relative humidity is above 85% unless approved by the
Engineer/Owner. Painting shall not occur when the surface is damp due to rain,
snow, fog or mist. Painting shall also not occur if the surface temperature is
expected to drop below manufacturer's recommendations within 4 hours after
coating application.
3.05 DISINFECTION
A. Disinfection shall be performed after protective coatings have been applied tothe
interior surfaces and allowed to thoroughly cure as recommended byte Coating
Manufacturer.
B. Prior to disinfecting, the complete interior shall be washed down with clean water
and thoroughly flushed out.
C. Disinfection of interior surfaces shall be performed in the presence oft e Inspector
in accordance with AWWA 0652 Method 2. All the requirements of applicable
AWWA Standards and regulatory agencies shall apply. CONTRACTOR shall
furnish all labor, materials, tools, equipment and related items to seal and disinfect
the reservoir. CONTRACTOR shall submit, for ENGINR approval
all gasket and sealer materials necessary to seal all vents and manays. All bolts,
nuts and washers shall be of HDG (hot dipped galvanized) construction.
E. After the chlorination procedure is completed by the CONTRACTOR, and before
the storage facility is placed in service, water from the full facility shall be sampled
by the OWNER and tested for coliform organisms in accordance with the latest
edition of Standard Method for Examination of Water and Wastewater.
Attachment A 19
F. If the CONTRACTOR wishes to have the samples collected and tested by an
independent testing laboratory, the cost of such testing shall be paid by the
CONTRACTOR and the laboratory shall be required to meet the testing
qualifications and to have certifications to do this testing that are acceptable to the
OWNER.
G. The OWNER shall furnish the water used for cleaning and initial filling of the
reservoir for disinfection. The CONTRACTOR shall bear the costs of any
subsequent fillings of the reservoir necessary until the disinfection is complete and
satisfactory results are obtained and approved by the OWNER.
H. It is necessary that the CONTRACTOR schedule his activities such that the initial
filling occurs entirely during a low use period as determined by the OWNER. Close
coordination by the CONTRACTOR with the OWNER is mandatory prior to and
during the filling of the reservoir and until the disinfection work is completed.
I. The CONTRACTOR and the OWNER shall have at least one representative present
at the job site at all times during the filling of the reservoir regardless of the time of
day. If the CONTRACTOR'S representative leaves the job site during the filling
process, the filling will be stopped and be rescheduled for a later date. The
CONTRACTOR shall pay all refilling and re-disinfection costs due to this
inconvenience.
3.06 SOLVENT VAPOR REMOVAL AND DEHUMIDIFICATION
All solvent vapors will be exhausted both during and after coating application at a
minimum rate of one air change every four hours to allow the proper curing of the coating
material. High rates of production may require an increase in ventilation. Forced
ventilation as noted above shall be continued for 7 days or until such time as the coating
has reached "full cure to immersion" as specified by the coating manufacture.
Dehumidification equipment will be used to control the environment in the space 24 hours
a day during blast cleaning,coating application and coating cure. All interior surfaces must
be complete, clean and accepted by the Inspector prior to the application of any coating.
Desiccant dehumidifiers,as manufactured by Munters Corporation and D.H. Technologies
or equal will be a solid desiccant design having a single rotary desiccant wheel capable of
fully automatic continuous operation. No liquid,granular,or loose lithium chloride drying
systems will be accepted.
The use of direct expansion (DX) refrigeration type dehumidifiers with reheat may be
considered if the expected ambient temperature will remain above 60"F. Below that coils
may not remove moisture and, as noted above, reheat alone will not change the dew point.
Heating the space changes relative humidity only and does not change the dew point;
therefore,not a substitute for dehumidification,unless substrate temperature is high enough
to meet dew point differential. The dehumidification system may consist of a combination
of desiccant and refrigerant equipment for year round use to maintain very low dew points
in the space.
Attachment A 20
During the blasting operation, dehumidification equipment shall maintain a lower dew
point than outside ambient. A differential of 20'F to 25"T between inside substrate surface
temperature and inside space air dew point temperature shall be maintained. In addition,
inside relative humidity shall not exceed 401%to 4511"0.
The air change rate for maintaining the above mentioned interior surface temperature and
dew point temperature differential will depend upon the type of equipment to be used and
the time of the year. Another consideration is length of time required to hold the blast.
The volume of space is a major factor in determining equipment type and size. The rate of
air changes per hour may be anywhere from I to 6 or more to hold the desired degree of
cleanliness of the blast.
Auxiliary heat, cooling and/or insulation may be necessary to maintain the surface
temperature at the acceptable level for the coating manufacturer's application parameters.
This auxiliary equipment must be approved for use by the supplier oft a dehumidification
equipment and will meet the following requirements.
1. Heaters and refrigerant type systems must be installed in the process air supply duct
between, and/or blended with, the dehumidifier as close to the space as possible.
2. Only electric, indirect fired combustion,or steam coil auxiliary heaters will be used.
No direct-fired space heaters will be allowed during the blasting, coating, and
curing phases.
3. Heaters will be equipped with controls that automatically turn the heater off if the
airflow is interrupted or the internal temperature of the heater exceeds its design
temperature or that of the supply duct.
4. The space to be controlled will be scaled off as well as possible, allowing air to
escape the space away from the point where the dehumidified air is being
introduced. Filter the air escaping the space; the filtration system must be designed
so that it does not interfere with the dehumidification equipment's ability to control
the dew point and relative humidity of space. Do not re-circulate the air from the
space or from filtration equipment back through the dehumidifier during coating
application or when solvent vapors are present.
3.07 CONTAINMENT AND DUST CONTROL EQUIPMENT
It is the responsibility oft a contractor to contain teemissions during the interior
and exterior work and protect the surrounding property and equipment by proven
means and methods. If full containment oft e entire structure is deemed necessary
the following shall apply. Dust ca trot while the interior is being cleaned is Eggg:ired
and shall be employed as stated in this section.
(IFAPPLICIABLE) The Contractor shall design a containment system for the work area
that will sustain winds up to 15 mph without damage to the tank. The containment shall
control environmental emissions and control the working environment within containment
so all Federal, State and local regulations have been observed and that the method(s) of
Attachment A 21
removal complies with the governing specifications. Nevertheless, in the instance of
conflict between any Federal, State or local regulations and the governing specifications,
the Federal, State or local regulations shall supersede any requirements contained herein.
The Contractor shall thoroughly examine the structure to be prepared to verify its ability
to support a containment system including the wind loads that can be imparted by such a
system.
The Contractor shall submit a drawing of the structure and information of wind screening
material supported by technical data sheets for the proposed containment system, the
technical data sheet to include:
• Wind Resistance of structure and screening
• Opacity
• Burst Strength
• Material Composition
• Color
• Fire Rating
• Thread Count
• Ultra-Violet Stabilized
The wind containment must comply with the principles of security, which are:
• Appropriate protection of the environment from abrasive blasting and painting
debris.
• Pinhole ventilation (9vo' for retention), allowing for cross-flow of air movement.
• Edgings as well as every internal seam are sewn.
• Alternate internal seams are reversed for additional strength.
• Grommets are spaced along all edges and seams for the wind load to be supported
by the screens.
• Permeable to natural lighting, unless alternate lighting is to be provided (show that
lighting is explosion-proof).
• A minimum of 6" tarp overlap will be required as to provide for a maximum
possible containment of spent debris.
• Shroud shall be erectediinstalled as to withstand maximum wind requirements and
be no closer than 6 feet of the tank structure as to reduce interference with the
coating operation.
• All rigging attachments must be temporary.
• The windscreen containment system shall be maintained free of defects through the
course of the project. Work shall be stopped until all defects are repaired.
Such work activities inside a tank, tank column, or modular containment is considered
working within a closed environment. OSHA,therefore, requires a clean, uncontaminated
air source outside the enclosure with an appropriate backup such as another source of clean,
uncontaminated air to be activated by merely switching a valve contained on the worker's
Attachment A 22
body; air bottles strapped onto the worker; Scott Air Packs attached to the worker's body;
or other OSHA approved and accepted air sources.
The Contractor shall employ negative air pressure and dust removal equipment for interior
surface preparation and coating operations at ALL times during interior work. The air
employed inside the tank shall be vented to the outside, filtered, dewatered, and returned
to the enclosed space at least as clean as native air. The dust collection system shall at a
minimum meet the requirements of a Type J I Air Filtration system, asspecified in Section
5.4-5,1 of the SSPC-Guide 6 (CON), Guide for containing Debris Generated During it
Removal Operations. The dust collection shall be operated during all abrasive blast
cleaning and until the area is clean enough for coating application. The CONTRACTOR
shall be responsible for all sizing, design of ductwork, etc., based upon the
CONTRACT OR's operations, number of blasters, duration of blasting, etc. The
CONTRACTOR shall also take precautions to avoid a vacuum from developing inside the
tank, as even slight vacuum inside of the tank may cause damage to the tank.
3.08 CONFINED SPACE: The Contractor shall provide confined space training certificates
of all persons who will be working on this project. Certificates shall be submitted to
Engineer/Owner before work begins.
3.09 CLEAN UP: Upon completion of the work, all staging, scaffolding and containers shall
be removed from the site or destroyed in a manner approved byte Engineer. Coating or
paint spots or oil stains upon adjacent surfaces shall be removed and the jobsite cleans
Alldamage to surfaces resulting from the work oft is sections all be cleaned, repaired or
refinished tothe satisfaction of the Engineer at no cost tote Owner.
3.10 REPORTING/RECORDS: All work, including inspections, shall be recorded daily by
the CONTRACTOR. A copy of each daily report shall be placed in a File kept on the job
site. The reports shall include, but not necessarily limited to, the following information'.
• Date
• CONTRACTOR and subcontractor name (where applicable)
• INSPECTOR name ( ere applicable)
•
or Identification including:
-Type of work performed
-Location of work performed Weather conditions, including corresponding time of
day, before during and after work begins including:
-Temperature (air and surface)
-Humidity/dew point
-Wind velocity/direction,
• Remarks and results of work
• CONTRACTOR signature
3.11 MAINTENANCE MATERIAL: Atte end of the project before final payment, the
CONTRACTOR shall provide the OWNER (2)two one gallon cans of each type and color
of coating, primer, thinner, and other coatings used in the field including multiple
component materials. The material shall be delivered in unopened,typed-labeled cans,just
Attachment A 23
as it comes from the factory. If the manufacturer does not package the material in one (l)
gallon cans, and in the case of special colors, the materials may be delivered in new five
(5) gallon containers, properly closed with typed, color, and batch numbers. The
manufacturer's directions for use and literature describing the materials shall also be
furnished to the OWNER in three bound copies and a typed inventory list shall be furnished
at the time of delivery.
3.12 DESCRIPTION OF BID ITEMS
No welding over coated steel. All areas that require welding are to be abrasive blasted or
power tool cleaned as specified, before any welding is started. All structural modifications
and repairs are to be conducted and approved prior to the coatings portion of this contract.
All welding to be seal welded. All welders shall be qualified in accordance with the current
ASME, Section IX or AWS D1.1 (tests as described in AWS 132.1) to the procedures and
processes required to accomplish the work. Completed welds shall be detailed in
accordance with NACE Standard SPO 178 designation "D". Any full penetration welds on
the primary structure of this tank shall be tested by X-ray (radiograph) at the expense of
the contractor by an approved 31 party laboratory in accordance with the governing code
and standards.
Bid Item 1: Lump sum price for the Complete Cleaning, Overcoating and LOGO
Installation of the Tank Exterior Surfaces. All of this work shall be in accordance with
this Section "Technical Specifications" Part 2.04.A and Part 3.07.
Bid Item 2: Lump sum price for the Complete Cleaning and Repainting of the Tank
Interior (wet & drv) and Mechanical Pining Surfaces with Dehumidification. All of
this work shall be in accordance with this Section "Technical Specifications" Part
2.04.B,C,D, Part 3.06.and Part 3.07. Note: Deliumidifcation only applies to the Interior
Wet Portion of the Tank.
Bid Item 3: Lump sum price for the Dehumidification Control to be furnished,
installed and operated by the contractor in accordance with this Section "Technical
Specifications" Part 3.06.
Bid Item 4: Unit price for General Repairs to include the following: Perform grinding,
welding and general work to repair corrosion related surfaces or seal weld areas deemed
necessary during the rehabilitation of this tank in accordance with this Section "Technical
Specification", Part 3.02.A.1.
Bid item 5: Unit price for Seam Sealing and Enoxy Surfacing to include the
following: Install Tnemec Series 215, Sika-Flex IA or equal NSF approved
caulking/surfacing product at areas deemed necessary in accordance with this Section
"Technical Specification", Part 3.02.A.2.
Attachment A 2�,l
Bid to 6: Lump sum price for Safetj Climb and Ladder Rung Obstructions to
include the following: Provide and install a new TS Stainless Steel Safety Rail fall arrest
system by French Creek Production that meets OSHA regulation in accordance with this
Section -Technical Specification", Part 3.02.13.
Bid to 7. Unit price for Cleaning agd ApUlLing Tnemec Series N140F to Surfaces
(large --sauare-foot f2,,.sg./ft.) to include the following: Perform required
cleaning to surfaces over two square foot(2 sq./ft.) in size and apply 2.0 to 4.0 dry mils in
accordance with this Section "Technical Specification", Part 2.04.A. This .is in.l...eqdedto.
cover areas that have been identified by the inspector to need a coal ofepoxy over the
existing coatiL?g prior to the continuation of Is'and Finish Coal,
Special to No compensation for
the cost for this it into the total bid amount oft a contract. To allow for total access
to all surfaces of the tank and to provide sufficient ventilation, dust collection.
dehumidification during the rehabilitation, the roof maintenance hatches, dome floor
manway shall be opened and become part oft e coating rehabilitation. All bolts. nuts and
washers on manways,manholes,vents and overflow flap valve shall be replaced with HDG
(hot dipped galvanized). All gaskets to be minimum 1/8" thick Neoprene or EPDM
material with a durometer hardness of 50 on a shore A scale. All gaskets and bolts shall
be field verified and of like kind sizes.
END OF SECTION
Attachment A 25
PLANS,
If applicable, insert reference(s) to project plans; details; and notes
City logo included in a separate document.
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3.2 South 81 CET
The out 81 tank is now 19-years old and has started to show signs of coating degradation inthe
top coat on the roof and some areas along the shell and cone. There are limited areas where the
underlying base metal is exposed where the finish coat has started to flake off. Chalking is evident
from the UV exposure that affects the overall gloss retention and esthetic look. The exterior
coating is a candidate to receive a full exterior overcoat. The interior coating has begun to fail at
areas above the HWL and along edges and seams. Some coating delamination is found along the
shell and interior appurtenances. A complete interior coating removal and re-installation is
recommended.
is
Tank Descripdqni �
Name'of an
Soutlt 81 CET
Constructedsig ne /and'constructed in,2002",b
by
CBI
T"k,TyO6:
ornposite",'Ele,��d,TAfik,
Type g`f, Oo-i/tAeo�tioh. St6e'l,We'ld6dandC6ncrete,Pedes"
W"
T*oe'6f
C6ifings:�Eiw ri o"'/ -'L'T,nje'"me'c' IH20/series 20 Ep6xy-/Se""r'ie's,/,,,7j',Ui6i'haii6,
dJfi tenor'�4, nemec, ox
1,4,20/Serie"s 20,Ep
T' '0 'Youn ti : Concrete ler tal,
YIP
Dimensions:' 8 X,
60
Interior terk& ace" 'rea'-', 23 15'sq Jft.
JWrW'Steell Siirffic eArea rea:,17,802 's
qJft'.
bo'mp9nent,Thicknesses/Sizes:
Tank' /Si
Floor Dome= .250"plate Cone#1 = .850"
Roof 25 "plate ., one12 —.660"
151 Shell=:380"8'X30' '", Cone#3 .570"
2�a.3,d Shell:_ 250"..8'x30'
Roof Stiffene s= 112",flat bar
Roof System:Dome roof with stiffeners `
Capacity: 1,250,000 gallons
Overflown 18"QS Steel pipe w/clow flap salve and 2'x4' weir box assembly
oof. etch:'{2) 36"x36"Aluminum;(2)24" steel maintenance hatches
Vent: :20 O Aluminum
pwf °way:' 24" 0 Or sureHatch
Ladder,Description: interior pedestaland dry riser ladder w/saf-f-climb
Interior wet user ladderwlsaf-t-climb
Level Indicator Target level and digital transducer
Cath is protection yste` ;Yes
Exterior Casting Thickness. 9 11 dit mils.
"C' 't—idesro ti "4A per AS D3359
Intern®r oathbic n
12=14 dftmils '
terior Coting` esion ting 3A per A5 173359;'
Sec rit Ferree: Yes'.inside the P,facilit, fencin