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Contract - PM Construction - 8/25/2022 Cjr F'Y OF ROUND ROCK Utilities and Environmental Services Department ROUND ROCK TEXAS roject Nunn l Chandler Creek 36-incl Wastewater Line Replacement August 2022 Prepared By: OF %J i NAPPROVED BY 0 ALk it tT " CITY ATTORNEY f 6 .... rBPE Firin Registration No r f'frTto ��Va X13 TOO :: YtsfaM aeoMiW�Oitp.Fver s;.�•_'.• �'� JAt�1��223�'r'`. Chandler Creek 36-inch Wastewater Line Replacement TABLE OF CONTENTS Section Description No. of Pages 00200 Buy Board Contract 24 00300 Proposal 3 00500 Agreement 5 00600 Insurance& Construction Bond Forms Performance & Payment Bond Instructions 1 Insurance Instructions 1 00610 Performance Bond 2 00620 Payment Bond 3 00650 Certificate of Liability Insurance 10 00700 General Conditions 42 00800 Supplemental General Conditions l 00900 Special Conditions 5 01000 Technical Specifications 4 02000 Plans, Details and Notes 8 8.2016 Table of Contents 00090665 00200 Buy Board Contract DocuSign Envelope ID:A9EBEA5E-ACD3-4398-811LO1A2AB79F9D5 H-GAC Houston-Galveston Area Council P.O.Box 22777 -3555 Timmons - Houston,Texas 77227-2777 Cooperative Agreement-PM Construction&Rehab.LLC-Public Services-18-00365 18-04:385 SPECIAL PROVISIONS Incorporated by attachment, as part of the whole agreement, H-GAC and the Contractor do, hereby agree to the Special Provisions as follows: ARTICLE 1: BIDSJPROPOSALS INCORPORATED In addition to the whole Agreement, the following documents listed in order of priority are incorporated into the Agreement by reference: Bid/Proposal Specifications and Contractor's Response to the Bid/Proposal. ARTICLE 2: END USER AGREEMENTS("EUA') H-GAC acknowledges that the END USER may choose to enter into an End User Agreement("EUA)with the Contractor through this Agreement, and that the term of the EUA may exceed the term of the current H-GAC Agreement. H-GAO's acknowledgement is not an endorsement or approval of the End User Agreement's terms and conditions. Contractor agrees not to offer,agree to or accept from the END USER, any terms or conditions that conflict with those in Contractor's Agreement with H-GAC. Contractor affirms that termination of its Agreement with H-GAC for any reason shall not result in the termination of any underlying EUA, which shall in each instance, continue pursuant to the EUA's stated terms and duration. Pursuant to the terms of this Agreement, termination of this Agreement will disallow the Contractor from entering into any new EUA with END USERS.Applicable H-GAC order processing charges will be due and payable to H-GAC on any EUAs, surviving termination of this Agreement between H-GAC and Contractor. ARTICLE 3: MOST FAVORED CUSTOMER CLAUSE Contractor shall provide its most favorable pricing and terms to H-GAC. If at any time during this Agreement, Contractor develops a regularly followed standard procedure of entering into agreements with other governmental customers within the State of Texas,and offers the same or substantially the same products/services offered to H-GAC on a basis that provides prices, warranties,benefits, and or terms more favorable than those provided to H-GAC, Contractor shall notify H-GAC within ten(10)business days thereafter, and this Agreement shall be deemed to be automatically retroactively amended, to the effective date of Contractor's most favorable past agreement with another entity. Contractor shall provide the same prices, warranties,benefits,or terms to H-GAC and its END USER as provided in its most favorable past agreement. H-GAC shall have the right and option at any time to decline to accept any such change, in which case the amendment shall be deemed null and void. If Contractor claims that a more favorable price, warranty,benefit, or term that was charged or offered to another entity during the term of this Agreement, does not constitute more favorable treatment, than Contractor shall, within ten(10)business days,notify H-GAC in writing, setting forth the detailed reasons Contractor believes the aforesaid offer is not in fact most favored treatment. H-GAC,after due consideration of Contractor's written explanation,may decline to accept such explanation and thereupon this Agreement between H-GAC and Contractor shall be automatically amended,effective retroactively,to the effective date of the most favored agreement, to provide the same prices,warranties, Page 1 of 4 DocuSign Envelope ID:A9EBEA5E-ACD3-4398-840�1A2AB79F9D5 benefits,or terms to H-GAC and the END USER. EXCEPTION. This clause shall not be applicable to prices and price adjustments offered by a bidder, Proposer or contractor, which are not within bidder'slproposer's control[example; a manufacturer's bid concession], or to any prices offered to the Federal Government and its agencies. ARTICLE 4: PARTY LIABILITY Contractor's total liability under this Agreement, whether for breach of contract, warranty, negligence, strict liability, in tort or otherwise, is limited to the price of the particular products/services sold hereunder. Contractor agrees either to refund the purchase price or to repair or replace product(s)that are not as warranted. Contractor accepts liability to repay, and shall repay upon demand to END USER,any amounts determined by H-GAC, its independent auditors, or any state or federal agency, to have been paid in violation of the terms of this Agreement. ARTICLE 5: GOVERNING LAW& VENUE Contractor and H-GAC agree that Contractor will make every reasonable effort to resolve disputes the END USER in accord with the law and venue rules of the state of purchase. Contractor shall immediately notify H- GAC of such disputes. ARTICLE b: SALES AND ORDER PROCESSING CHARGE Contractor shall sell its products to END USERS based on the pricing and terms of this Agreement. H-GAC will invoice Contractor for the applicable order processing charge when H-GAC receives notification of an END USER order. Contractor shall remit to H-GAC the full amount of the applicable order processing charge, after delivery of any product or service and subsequent END USER acceptance. Payment of the Order Processing Charge shall be remitted from Contractor to H-GAC, within thirty(30)calendar days or ten(10) business days after receipt of an END USER's payment,whichever comes first, notwithstanding Contractor's receipt of invoice. For sales made by Contractor based on this Agreement, including sales to entities without Interlocal Agreements,Contractor shall pay the applicable order processing charges to H-GAC. Further, Contractor agrees to encourage entities who are not members of H-CAC's Cooperative Purchasing Program to execute an H-GAC Interlocal Agreement. H-GAC reserves the right to take appropriate actions including,but not limited to,Agreement termination if Contractor fails to promptly remit the appropriate order processing charge to H-GAC. In no event shall H-GAC have any liability to Contractor for any goods or services an END USER procures from Contractor.At all times, Contractor shall remain liable to pay to H-GAC any order processing charges on any portion of the Agreement actually performed,and for which compensation was received by Contractor. ARTICLE 7: LIOUIDATED DAMAGES Contractor and H-GAC agree that Contractor shall cooperate with the END USER at the time an END USER purchase order is placed,to determine terms for any liquidated damages. ARTICLE 8: INSURANCE Unless otherwise stipulated in Section B of the Bid/Proposal Specifications, Contractor must have the following insurance and coverage minimums: a. General liability insurance with a Single Occurrence limit of at least $1,000,000.00, and a General Page 2 of 4 DocuSign Envelope ID:A9EBEA5E-ACD34398-84MO1A2AB79F9D5 Aggregate limit of at least two times the Single Occurrence limit. Product liability insurance with a Single Occurrence limit of at least $1,000,000.00, and a General Aggregate limit of at least two times the Single Occurrence limit for all Products except Automotive Fire Apparatus. For Automotive Fire Apparatus, see Section B of the Bid/Proposal Specifications. Property Damage or Destruction insurance is required for coverage of End User owned equipment while in Contractor's possession, custody or control. The minimum Single Occurrence limit is $500,000.00 and the General Aggregate limit must be at least two times the Single Occurrence limit. This insurance may be carried in several ways,e.g. under an Inland Marine policy, as art of Automobile coverage, or under a Garage Keepers policy. In any event,this coverage must be specifically and clearly listed on insurance certificate(s)submitted to H-GAC. b. Insurance coverage shall be in effect for the length of any contract made pursuant to the Bid/Proposal, and for any extensions thereof, plus the number of days/months required to deliver any outstanding order after the close of the contract period. c. Original Insurance Certificates must be furnished to H-GAC on request, showing Contractor as the insured and showing coverage and limits for the insurances listed above. d. If any Product(s)or Service(s) will be provided by parties other than Contractor, all such parties are required to carry the minimum insurance coverages specified herein, and if requested by H-GAC, a separate insurance certificate must be submitted for each such party. e. H-GAC reserves the right to contact insurance underwriters to confirm policy and certificate issuance and document accuracy. ARTICLE 9: PERFORMANCE AND PAYMENT BONDS FOR INDIVIDUAL ORDERS H-GAC's contractual requirements DO NOT include a Performance&Payment Bond(PPB); therefore, Contractor shall offer pricing that reflects this cost savings. Contractor shall remain prepared to offer a PPB to cover any order if so requested by the END USER. Contractor shall quote a price to END USER for provision of any requested PPB, and agrees to furnish the PPB within ten business(10)days of receipt of END USER's purchase order. ARTICLE 10: CHANGE OF STATUS Contractor shall immediately notify H-GAC,in writing,of ANY change in ownership,control, dealership/franchisee status, Motor Vehicle license status,or name. Contractor shall offer written guidance to advise H-GAC if this Agreement shall be affected in any way by such change. H-GAC shall have the right to determine whether or not such change is acceptable, and to determine what action shall be warranted, up to and including cancellation of Agreement. ARTICLE 11:TEXAS MOTOR VEHICLE BOARD LICENSING All that deal in motor vehicles shall maintain current licenses that are required by the Texas Motor Vehicle Commission Code. If at any time during this Agreement term, any required Contractor license is denied, revoked, or not renewed, Contractor shall be in default of this Agreement, unless the Texas Motor Vehicle Page 3 of 4 DocuSign Envelope ID.A9EBEA5E-ACD3-439"(O�IA2AB79F9D5 j Board issues a stay or waiver. Contractor shall promptly provide copies of all current applicable Texas Motor Vehicle Board documentation to H-GAC upon request. Page 4 of 4 DocuSign Envelope 10:A9ESEA5E-AC034398-841OtA2AB79F9D5 H-GAC Houston-Galveston Area Council P.O.Box 22777 -3555 Timmons - Houston,Texas 77227-2777 Cooperative Agreement-PM Construction& Rehab.LL(,'- Public Service-,-18-00365 18-00:365 GENERAL PROVISIONS This Agreement is made and entered into, by and between the Houston-Galveston Area Council hereinafter referred to as H-GAC having its principal place of business at 3555 Timmons Lane, Suite 120, Houston,Texas 77027 and PM Construction&Rehab, LLC, hereinafter referred to as the Contractor, having its principal place of business at 131 N.Richey, Pasadena,TX 77506. WITNESSETH: WHEREAS, H-GAC hereby engages the Contractor to perform certain services in accordance with the specifications of the Agreement;and WHEREAS,the Contractor has agreed to perform such services in accordance with the specifications of the Agreement; NOW,THEREFORE, H-GAC and the Contractor do hereby agree as follows: ARTICLE 1:LEGAL AUTHORITY The Contractor warrants and assures H-GAC that it possesses adequate legal authority to enter into this Agreement.The Contractor's governing body,where applicable, has authorized the signatory official(s)to enter into this Agreement and bind the Contractor to the terms of this Agreement and any subsequent amendments hereto. ARTICLE 2:APPLICABLE LAWS The Contractor agrees to conduct all activities under this Agreement in accordance with all applicable rules, regulations, directives, standards,ordinances, and laws, in effect or promulgated during the term of this Agreement, including without limitation, workers.'compensation laws, minimum and maximum salary and wage statutes and regulations, and licensing laws and regulations. When required, the Contractor shall furnish H-GAC with satisfactory proof of its compliance therewith. ARTICLE LE 3: INDEPENDENT CONTRACTOR The execution of this Agreement and the rendering of services prescribed by this Agreement do not change the independent status of H-GAC or the Contractor. No provision of this Agreement or act of H- GAC in performance of the Agreement shall be construed as making the Contractor the agent,servant or employee of H-GAC, the State of Texas or the United States Government.Employees of the Contractor are subject to the exclusive control and supervision of the Contractor. The Contractor is solely responsible for employee related disputes and discrepancies, including employee payrolls and any claims arising therefrom. ARTICLE 4:WHOLE AGREEMENT The General Provisions,Special Provisions, and Attachments, as provided herein, constitute the complete Agreement("Agreement")between the parties hereto, and supersede any and all oral and written agreements between the parties relating to matters herein. Except as otherwise provided herein, this Agreement cannot be modified without written consent of the parties. Page 1 of 7 Docuftn Envelope ID:A9EBEA5E-ACD3-4398-8(10 AWA879F9D5 ARTICLE 5:SCOPE OF SERVICES The services to be performed by the Contractor are outlined in an Attachment to this Agreement. ARTICLE 6:PERFORMANCE PERIOD This Agreement shall be performed during the period which begins 07/01/18 and ends 06/30/21.All services under this Agreement must be rendered within this performance period, unless directly specified under a written change or extension provisioned under Article 15, which shall be fully executed by both parties to this Agreement. ARTICLE 7:PAYMENT OR FUNDING Payment provisions under this Agreement are outlined in the Special Provisions. ARTICLE 8:REPORTING REQUIREMENTS If the Contractor fails to submit to H-GAC in a timely and satisfactory manner any report required by this Agreement,or otherwise fails to satisfactorily render performances hereunder, H-GAC may terminate this agreement with notice as identified in Article 16 of these General Provisions. H-GAC has final determination of the adequacy of performance and reporting by Contractor.Termination of this agreement for failure to perform may affect Contractor's ability to participate in future opportunities with H-GAC.The Contractor's failure to timely submit any report may also be considered cause for termination of this Agreement. Any additional reporting requirements shall be set forth in the Special Provisions of this Agreement. ARTICLE 9: INSURANCE Contractor shall maintain insurance coverage for work performed or services rendered under this Agreement as outlined and defined in the attached Special Provisions. ARTICLE 10:SUBCONTRACTS and ASSIGNMENTS Except as may be set forth in the Special Provisions, the Contractor agrees not to subcontract, assign, transfer, convey, sublet or otherwise dispose of this Agreement or any right, title, obligation or interest it may have therein to any third party without prior written approval of H-GAC.The Contractor acknowledges that H-GAC is not liable to any subcontractor or assignee of the Contractor.The Contractor shall ensure that the performance rendered under all subcontracts shall result in compliance with all the terms and provisions of this Agreement as if the performance rendered was rendered by the Contractor. Contractor shall give all required notices, and comply with all laws and regulations applicable to furnishing and performance of the work.Except where otherwise expressly required by applicable law or regulation, H-GAC shall not be responsible for monitoring Contractor's compliance, or that of Contractor's subcontractors, with any laws or regulations. ARTICLE 11:AUDIT Notwithstanding any other audit requirement, H-GAC reserves the right to conduct or cause to be conducted an independent audit of any transaction under this Agreement, such audit may be performed by the H-GAC local government audit staff, a certified public accountant firm, or other auditors designated by H-GAC and will be conducted in accordance with applicable professional standards and practices. The Contractor understands and agrees that the Contractor shall be liable to the H-GAC for any findings that result in monetary obligations to H-GAC. ARTICLE 12:EXAMINATION OF RECORDS The Contractor shall maintain during the course of the work complete and accurate records of all of the Contractor's costs and documentation of items which are chargeable to H-GAC under this Agreement. H-GAC, through its staff or designated public accounting firm, the State of Texas, and United States Page 2 of 7 DocuSign Envelope ID:A9EBEA5E-ACD3-4398-8$4�41A2AB79F9D5 Government,shall have the right at any reasonable time to inspect, copy and audit those records on or off the premises by authorized representatives of its own or any public accounting firm selected by H- GAC.The right of access to records is not limited to the required retention period,but shall last as long as the records are retained. Failure to provide access to records may be cause for termination of the Agreement.The records to be thus maintained and retained by the Contractor shall include (without limitation): (1)personnel and payroll records, including social security numbers and labor classifications, accounting for total time distribution of the Contractor's employees working full or part time on the work, as well as cancelled payroll checks, signed receipts for payroll payments in cash, or other evidence of disbursement of payroll payments; (2)invoices for purchases, receiving and issuing documents, and all other unit inventory records for the Contractor's stocks or capital items; and (3) paid invoices and cancelled checks for materials purchased and for subcontractors'and any other third parties'charges. The Contractor further agrees that the examination of records outlined in this article shall be included in all subcontractor or third-party agreements. ARTICLE 13:RETENTION OF RECORDS The Contractor and its subcontractors shall maintain all records pertinent to this Agreement, and all other financial, statistical, property,participant records, and supporting documentation for a period of no less than seven(7)years from the later of the date of acceptance of the final payment or until all audit findings have been resolved. If any litigation,claim, negotiation, audit or other action involving the records has been started before the expiration of the retention period, the records shall be retained until completion of the action and resolution of all issues which arise from it, or until the end of the seven(7)years,whichever is later, and until any outstanding litigation, audit, or claim has been fully resolved. ARTICLE 14: CHANGES AND AMENDMENTS A. Any alterations, additions, or deletions to the terms of this Agreement, which are required by changes in federal or state law or by regulations, are automatically incorporated without written amendment hereto, and shall become effective on the date designated by such law or by regulation. B. To ensure the legal and effective performance of this Agreement, both parties agree that any amendment that affects the performance under this Agreement must be mutually agreed upon and that all such amendments must be in writing. After a period of no less than 30 days subsequent to written notice, unless sooner implementation is required by law, such amendments shall have the effect of qualifying the terms of this Agreement and shall be binding upon the parties as if written herein. ARTICLE 15•TERMINATION PROCEDURES The Contractor acknowledges that this Agreement may be terminated for Convenience or Default. A. Convenience H-GAC may terminate this Agreement at any time, in whole or in part, with or without cause, whenever H-GAC determines that for any reason such termination is in the best interest of H- GAC,by providing written notice by certified mail to the Contractor.Upon receipt of notice of termination, all services hereunder of the Contractor and its employees and subcontractors shall cease to the extent specified in the notice of termination. The Contractor may cancel or terminate this Agreement upon submission of thirty(30)days written notice,presented to H-GAC via certified mail.The Contractor may not give notice of cancellation after it has received notice of default from H-GAC. B. Default Page 3 of 7 DocuSlgn Envelope ID:A9EBEA5E-ACD3-439B64041A2AB79F9D5 H-GAC may, by written notice of default to the Contractor,terminate the whole or any part of the Agreement, in any one of the following circumstances: (1) if the Contractor fails to perform the services herein specified within the time specified herein or any extension thereof;or (2) If the Contractor fails to perform any of the other provisions of this Agreement for any reason whatsoever,or so fails to make progress or otherwise violates the Agreements that completion of services herein specified within the Agreement term is significantly endangered, and in either of these two instances does not cure such failure within a period often(10)days (or such longer period of time as may be authorized by H-GAC in writing) after receiving written notice by certified mail of default from H-GAC. ARTICLE 16:SEVERABILITY H-GAC and Contractor agree that should any provision of this Agreement be determined to be invalid or unenforceable, such determination shall not affect any other term of this Agreement, which shall continue in full force and effect. ARTICLE 17:FORCE MAJEURE To the extent that either party to this Agreement shall be wholly or partially prevented from the performance of any obligation or duty placed on such party by reason of or through strikes, stoppage of labor, riot, fire, flood, acts of war, insurrection, accident, order of any court, act of God,or specific cause reasonably beyond the party's control and not attributable to its neglect or nonfeasance, in such event, the time for the performance of such obligation or duty shall be suspended until such disability to perform is removed. Determination of force majeure shall rest solely with H-GAC. ARTICLE 18: CONFLICT OF INTEREST No officer, member or employee of the Contractor or subcontractor, no member of the governing body of the Contractor, and no other public officials of the Contractor who exercise any functions or responsibilities in the review or Contractor approval of this Agreement,shall participate in any decision relating to this Agreement which affects his or her personal interest, or shall have any personal or pecuniary interest, direct or indirect, in this Agreement. ARTICLE 19:FEDERAL COMPLIANCE Contractor agrees to comply with all federal statutes relating to nondiscrimination, labor standards, and environmental compliance. Additionally, for work to be performed under the Agreement or subcontract thereof, including procurement of materials or leases of equipment, Contractor shall notify each potential subcontractor or supplier of the Contractor's federal compliance obligations. These may include, but are not limited to: (a)Title VI of the Civil Rights Act of 1964(P.L.88-352)which prohibits discrimination on the basis of race, color or national origin; (b)Title IX of the Education Amendments of 1972, as amended (20 U.S.C. §§ 1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex; (c)the Fair Labor Standards Act of 1938 (29 USC 676 et. seq.), (d)Section 504 of the Rehabilitation Act of 1973, as amended(29 U.S.C. § 794), which prohibits discrimination on the basis of handicaps and the Americans with Disabilities Act of 1990; (e)the Age Discrimination in Employment Act of 1967(29 USC 621 et.seq.)and the Age Discrimination Act of 1974, as amended (42 U.S.C. §§ 6101-6107),which prohibits discrimination on the basis of age; (f)the Drug Abuse Office and Treatment Act of 1972(P.L. 92-255), as amended, relating to nondiscrimination on the basis of drug abuse;(g)the Comprehensive Alcohol Abuse and Alcoholism Prevention,Treatment and Rehabilitation Act of 1970 (P.L. 91-616),as amended, relating to the nondiscrimination on the basis of alcohol abuse or alcoholism; (h) §§ 523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. 290 dd-3 and 290 ee- 3), as amended, relating to confidentiality of alcohol and drug abuse patient records; (i)Title VIII of the Civil Rights Act of 1968 (42 U.S.C. § 3601 et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; (j)any other nondiscrimination provisions in any specific statute(s) Page 4 of 7 DocuSign Envelope ID:A9EBEASE-ACD3439B-84mo1A2AB79F9D5 J applicable to any Federal funding for this Agreement; (k)the requirements of any other nondiscrimination statute(s)which may apply to this Agreement; (1)applicable provisions of the Clean Air Act(42 U.S.C. §7401 et seq.), the Federal Water Pollution Control Act, as amended(33 U.S.C. §1251 et seq.), Section 508 of the Clean Water Act(33 U.S.C. 1368), Executive Order 11738, and the Environmental Protection Agency regulations at 40 CPR Part 15; (m)applicable provisions of the Davis-Bacon Act(40 U.S.C.276a- 276a-7), the Copeland Act(40 U.S.C. 276c), and the Contract Work Hours and Safety Standards Act(40 U.S.C. 327-332), as set forth in Department of Labor Regulations at 20 CPR 5.5a; (n)the mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act(P.L. 94-163). ARTICLE 20- CRIMINAL,PROVISIONS AND SANCTIONS The Contractor agrees to perform the Agreement in conformance with safeguards against fraud and abuse as set forth by the H-GAC, the State of Texas,and the acts and regulations of any related state or federal agency.The Contractor agrees to promptly notify H-GAC of any actual or suspected fraud, abuse, or other criminal activity through the filing of a written report within twenty-four(24) hours of knowledge thereof. Contractor shall notify H-GAC of any accident or incident requiring medical attention arising from its activities under this Agreement within twenty-four(24)hours of such occurrence.Theft or willful damage to property on loan to the Contractor from H-GAC,if any, shall be reported to local law enforcement agencies and H-GAC within two(2)hours of discovery of any such act. The Contractor further agrees to cooperate fully with H-GAC, local law enforcement agencies, the State of Texas,the Federal Bureau of Investigation and any other duly authorized investigative unit, in carrying out a full investigation of all such incidents. The Contractor shall notify H-GAC of the threat of lawsuit or of any actual suit filed against the Contractor pertaining to this Agreement or which would adversely affect the Contractor's ability to perform services under this Agreement. ARTICLE 21-INDEMNIFICATION AND RECOVERY H-CAC's liability under this Agreement, whether for breach of contract, warranty, negligence, strict liability, in tort or otherwise, is limited to its order processing charge. In no event will H-GAC be liable for any loss of use, loss of time, inconvenience,commercial loss,lost profits or savings or other incidental, special or consequential damages to the full extent such use may be disclaimed by law. Contractor agrees, to the extent permitted by law,to defend and hold harmless H-GAC, its board members, officers, agents,officials, employees and indemnities from any and all claims, costs, expenses (including reasonable attorney fees), actions, causes of action,judgements, and liens arising as a result of Contractor's negligent act or omission under this Agreement. Contractor shall notifiy H-GAC of the threat of lawsuit or of any actual suit filed against Contractor relating to this Agreement. ARTICLE 22:LIMITATION OF CONTRACTOR'S LIABILITY Except as specified in any separate writing between the Contractor and an END USER, Contractor's total liability under this Agreement, whether for breach of contract, warranty, negligence, strict liability, in tort or otherwise,but excluding its obligation to indemnify H-GAC, is limited to the price of the particular products/services sold hereunder, and Contractor agrees either to refund the purchase price or to repair or replace product(s)that are not as warranted. In no event will Contractor be liable for any loss of use, loss of time,inconvenience, commercial loss, loss of profits or savings or other incidental, special or consequential damages to the full extent such use may be disclaimed by law. Contractor understands and agrees that it shall be liable to repay and shall repay upon demand to Page 5 of 7 DocuSign Envelope ID:A9EBEA5E-ACD3-4398-84001A2AB79F9D5 J END USER any amounts determined by H-GAC, its independent auditors,or any agency of State or Federal government to have been paid in violation of the terms of this Agreement. ARTICLE 23:TITLES NOT RESTRICTIVE The titles assigned to the various Articles of this Agreement are for convenience only.Titles shall not be considered restrictive of the subject matter of any Article, or part of this Agreement. ARTICLE 24:JOINT WORK PRODUCT This Agreement is the joint work product of H-GAC and the Contractor. This Agreement has been negotiated by H-GAC and the Contractor and their respective counsel and shall be fairly interpreted in accordance with its terms and, in the event of any ambiguities, no inferences shall be drawn against any party. ARTICLE 25:DISPUTES All disputes concerning questions of fact or of law arising under this Agreement, which are not addressed within the Whole Agreement as defined pursuant to Article 4 hereof, shall be decided by the Executive Director of H-GAC or his designee,who shall reduce his decision to writing and provide notice thereof to the Contractor.The decision of the Executive Director or his designee shall be final and conclusive unless, within thirty(30)days from the date of receipt of such notice, the Contractor requests a rehearing from the Executive Director of H-GAC. In connection with any rehearing under this Article, the Contractor shall be afforded an opportunity to be heard and offer evidence in support of its position.The decision of the Executive Director after any such rehearing shall be final and conclusive. The Contractor may, if it elects to do so,appeal the final and conclusive decision of the Executive Director to a court of competent jurisdiction. Pending final decision of a dispute hereunder, the Contractor shall proceed diligently with the performance of the Agreement and in accordance with H-CAC's final decision. ARTICLE 26:CHOICE OF LAW:VENUE This Agreement shall be governed by the laws of the State of Texas.Venue and jurisdiction of any suit or cause of action arising under or in connection with the Agreement shall lie exclusively in Harris County,Texas. Disputes between END USER and Contractor are to be resolved in accordance with the law and venue rules of the state of purchase. Contractor shall immediately notify H-GAC of such disputes. ARTICLE 27:ORDER OF PRIORITY In the case of any conflict between or within this Agreement, the following order of priority shall be utilized: 1)General Provisions, 2)Special Provisions, 3)Scope of Work, and, 4)Other Attachments. Page 6 of 7 DocuSlgn Envelope ID:A9EBEA5E-ACD3-4388-81(Wi1A2AB79F9D5 SIGNATURES: H-GAC and the Contractor have read, agreed, and executed the whole Agreement as of the date first written above, as accepted by: FM Co fir&Rehab,LLC rt �'� H-GAC oo�s�noa by: Signatur r — A52451 M5084C9... S ignatur C82EC2T005u61d23.. Name Bac Ong Name Chuck Wemple Title Sr GM Title Executive Director Date 6/18/2018 Date 6J35/2018 Page 7 of 7 HGACBuy Attachment A PM Construction&Rehab.LLC Treachless Pipeline Rehabilitation Services Contract No.:TP07-13 SECTION-A CteantTV&Evaluation for Gravity Pipelines: At LF Sewer Main Television inspection(8"through 15"Diameter) $ 4.00 A2 LF Sewer Main Television Inspection(18"through 24"Diameter) $ 6.00 A3 LF Sewer Main Television Inspection(27"through 36"Diameter) $ 8.00 A4 LF Sewer Main Television Inspection(42"through 48"Diameter) $ 12.00 AS LF Sewer Main Television inspection(54"through 60"Diameter) $ 14.00 A6 LF Sewer Main Cleans -Normal(8"through 15"Diameter) $ 4.00 A7 LF Sewer Main Cleans -Normal(18"through 24"Diameter) $ 6.00 A8 LF Sewer Main Cleaning-Normal(27"through 36"Diameter) $ 8.00 A9 LF Sewer Main Cleans -Normal 42"through 48'Diameter $ 12.00 A10 LF Sewer Main Cleaning-Normal(54"through 60"Diameter) $ 14.00 A 1 t LF Sewer Main Cleaning-Mechanical 8'through 15"Diameter) $ 6.00 Al2 LF ISewer Main Cleaning-Mechanical(18"through 24"Diameter) $ 8.00 A13 LF ISewer Main Cleaning-Mechardcal(27'through 36"Diameter) $ 25.00 A14 IT ISewer Main Cleaning-Mechanical(42"through 48"Diameter) $ 35.00 A 1 S LF Sower Main Cleaning-Mechanical(54"through 60'Diameter) $ 38.00 A16 LF 6"Clean and TV storm sewer $ 3.68 A17 LF 8"Clean and TV storm sewer $ 3.68 AIS LF 10"Clean and TV storm sewer $ 4.60 A19 LF 12"Clean and TV storm sewer $ 4.60 A20 LF 15"Clean and TV storm sewer $ 6.44 A21 LF 18"Clean and TV storm sewer $ 4.20 A22 LF 21"Clean and TV storm sewer $ 11.04 A23 LF 24"Clean and TV storm sewer $ 12.88 A24 LF 27"Clean and TV storm sewer $ 13.80 A25 LF 30"Clean and TV storm sewer $ 18.40 A26 LF 33"Clean and TV storm sewer $ 23.00 A27 LF 36"Clean and TV storm sewer $ 27.60 A28 LF 42"Clean and TV storm sewer $ 36.80 A29 LF 48"Clean and TV storm sewer $ 46.00 A30 LF 54"Clean and TV storm sewer $ 55.20 A31 LF 6"-12"Post TV Inspection After Rehabilitation $ 2.76 A32 LF 14"-20"Post TV Inspection After Rehabilitation $ 2.76 A33 LF 21"-36"Post TV Inspection After Rehabilitation S 4.60 A34 LF 42"or Larger Post TV Inspection After Rehabilitation $ 6.44 A35 EA Re-setup for TV Due to Point Repairs or Obstructions $ 138.00 A36 LF Mechanical Root removal $ 3.22 A37 LF Grease removal $ 3.22 A38 EA Other Remote Obstruction removal(max.10 If) $ 690.00 A39 LF Smoke Testing $ 1.84 A40 EA Manhole/Cleanout&Sewer Line Visual Inspection $ 184.00 A41 EA GPS Survey of Manholes&Cleanouts $ 138.00 A42 LF Heavy Debris Removal-MAN ENTRY $ 500.00 A43 EA Dyed Water Flooding/Leak Quantification&Evaluation $ 322.00 SECTION-B Centrifugally Cast Piot Rehabilitation for Sewer Lines: BI LF 36"STORM PIPE-ECOCAST REHABILITATION-1.5"Thickness $ 250.00 B2 1F 42"STORM PIPE-ECOCAST REHABILITATION-1.5"Thickness S 285.00 93 LF 48"STORM PIPE-ECOCAST REHABILITATION-1.5"Thickness $ 325.00 84 LF 54"STORM PIPE-ECOCAST REHABILITATION-1.5"Thickness $ 385.00 85 LF 60"STORM PIPE-ECOCAST REHABILITATION-1.5"Thickness $ 525.00 B6 LF 66"STORM PIPE-ECOCAST REHABILITATION-1.5"Thickness $ 670.00 B7 LF 72"STORM PIPE-ECOCAST REHABILITATION-1.5"Thickness $ 800.00 B8 LF 7V STORM PIPE-ECOCAST REHABILITATION-1.5"Thickness $ 875.00 B9 LF 84"STORM PIPE-ECOCAST REHABILITATION-1.5"Thickness S 975.00 810 LF 90"STORM PIPE-ECOCAST REHABILITATION-1.5"Thickness $ 1,115.00 Bi 1 LF 96"STORM PIPE-ECOCAST REHABILITATION-1.5"Thickness $ 1,400.00 812 LF 102"STORM PIPE-ECOCAST REHABILITATION-1.5"Thickness 5 1,680.00 B13 LF 36"SANITARY PIPE-ECOCAST REHABiUTATION-1.5"Thickness $ 300.00 814 LF 42"SANITARY PIPE-ECOCAST REHABILITATION-1.5"Thickness S 342.00 B15 LF 48"SANITARY PIPE-ECOCAST REHABILITATION-1.5"Thickncss $ 390.00 816 LF54"SANITARY PIPE-ECOCAST RUTABILITATION-1.5"Thickness $ 462.00 817 LF 16T, SANITARY PIPE-ECOCAST REHABILITATION-1.5"Thickness $ 630.00 Page t of 9 HGACBuy fid 818 LF 66"SANITA Y PIPE-ECOCAST REHABILITATION-1.5"Thickness $ 604.00 B19 LF 72"SANITARY PIPE-ECOCAST REHABILITATION-1.5"Thickness $ 960.00 B20 LF 84"SANITARY PIPE-ECOCAST REHABILITATION-1.5"Thickness $ 1,170.00 B21 LF 96"SANITARY PIPE-ECOCAST REHABILITATION-1.5"Thickness $ 1,680.00822 LF 102"SANITARY PIPE-ECOCAST REHABILITATION-1.5"Thickness $ 2,016.00 B23 SF EACH ADDITIONAL.S"Thickness $ 50.00 B24 Cy CHANNEL EXCAVATION $ 35.00 B25 Cy DEBRIS REMOVAL $ 35.00 B26 AC CLEARING AND GRUBBING $ 4.500.00 B27 EACH TREE REMOVAL(6"-12") $ 1,500.00 828 EACH TREE REMOVAL(13"-23") $ 3,000.00 00 E29 EACH TREE REMOVAL(>24") $ 5'�' B30 EACH REWORK CATCHBASIN COVER TO ACCEPT NEW MANHOLE COVERS $ 1,200.00 B31 EACH SERVICE LATERAL REINSTATEMENT-MAN ENTRY $ 250.00 SECTION- Cured-In-Place Pipe(CIPP)Rehabilitation for Sewer Lines: Cl LF 6"x 4.5mm $ 36.80 C2 LF 8"x 6.Omm $ 34.96 C3 LF 10"x 6.Omm $ 38.64 C4 LF 12"x 6.0mm $ 53.36 C5 LF 15"x 7.Smm $ 64'40 C6 LF 18"x 9.Omm $ 78.20 C7 LF 21"x 9.Omm $ 105.80 C8 LF 24"x 10.Smm S 128.80 C9 LF 27"x 10.5mm $ 147.20 CIO LF 30"x 12.Omm $ 174.80 CI1 LF 33"x 12.Omm $ 207.00 C12 LF 36"x 12.Omm $ 230.00 C13 LF 42"x 13.5mm $ 257.60 C14 LF 48"x 15.Omm $ 432.40 C15 LF 54"x 18.Omm $ 552.00 C16 LF 6"&8"Additional 1.5mm $ 0.92 C17 LF 10"&12"Additional 1.5mm $ 4.60 CI8 LF 15"&18"Additional 1.5mm S 13.80 C19 LF 21"&24"Additional 1.Smm $ 23'00 C20 LF 27"Additional 1.Smm $ 27'60 C21 LF 30"Additional 1.5mm $ 32.20 C22 EA 33"Additional 1.5mm $ 36.80 C23 EA 36"Additional 1.5mm $ 41.40 C24 EA 42"Additional 1.5mm $ 46'00 C25 EA 48"Additional 1.5mm $ 55.20 C26 EA 54"Additional 1.5mm $ 64.40 C27 EA internal reconnects on Cured-in-place pipe $ 276.00 C29 LF 4"-6"Installation and cure of lateral liner from main<12"dia. S 4.600.00 C29 LF 4"-6"Installation and cure of lateral finer from surface clean out to main S 5.980.00 C30 EA 4"-6"Set-ufor installations of<20 each total S 4.600.00 C31 EA 41-6"Set for installations of 20.50 each total S 3.220.00 C32 EA 4"-6"Set-up for installations of 51-150 each total S 1.840'00 C33 EA 6"-12"CIPP Setup Charge(<300 LF) $ 920.00 C34 EA 15"-21"CIPP Setup Charge{<300 LF) $ 1,380.00 C35 EA 24"-36"CIPP Setup Charge{<300 LF) $ 1,840.00 C36 EA 36"or Larger CIPP Setup Charge(<300 LF) $ 1'840'00 C37 EA Backyard Easement Setup(6"-10") $ 1,380.00 C38 EA Backyard Easement Setup(12"-18") $ 1'M'00 C39 Sy Timber Matting for Large Diameter setup $ 46.00 JECTION-D Pipe pursttna Rehabilitation for Sewer Lines: DI LF Burst existing 6"to 6"IPS SDR 19 9-8' S 46.00 D2 LF Burst existing 6"to 6"IPS SDR 19 8'-12'de S 50.60 D3 LF Burst existing 6"to 6"IPS SDR 14 12'-1&dee $ 55.20 D4 LF Burst existing6"or 8"to 8"IPS SDR 19 0'-V S 52.00 05 LF Burst existing 6"or 8"to 8"IPS SDR 19 V-12'd S 55.00 D6 LF Burst cxis 6"or 8"to 8"IPS SDR 14 12'-t 6'd S 58.00 D7 LF Burst existin 8"or I O"to 10"IPS SDR 19 0'-B' S 60.00 D8 LF Burst existing 8"or 10"to 10"IPS SDR 19 B'-IT dee S 65.00 D9 LF Burst existing 8"or 10"to 10"IPS SDR 19 12'-16' S 69.00 DIO LF Burst existing 10"or 12"to 12"IPS SDR 19 0'-8'do $ 67.00 D11 LF Burst existing 10"or l2"to 12"IPS SDR 19 8'-12'de $ 71.00 D12 LF Burst existin 10"or 12"to 12"IPS SDR 14 12'-16'do S 75'00 D13 LF Burst existing12"or 15"to 16"IPS SDR 19 0'-8'deep) S '� Page 2 of 9 HGACBuy D14 LF Burst existing 12"or 15'to 16"IPS SDR 19 8'-12'de S 78.20 D15 LF Burst existin 12"or 15"to 16"IPS SDR 19 12'-16' S 92.00 D16 LF Burst existing 15"or 18"to 18"IPS SDR 19 0'-B'deep) S 82.80 D17 LF Burst existing 15"or 18"to 18"IPS SDR 19 8'-IT dee S 92.00 DIB LF Burst ex 15"or 18"to 18"IPS SDR 19 I T-16'dee S 110.40 D19 LF Burst existing 18"or 21"to 22"IPS SDR 19(9-8'de S 115.00 ffl �E Burst existin 18"or 21"to 22"IPS SDR 19 8'-12'de S 119.60 IF Burst existing18'or 21"to 22"IPS SDR 19 12'-16'dee S 133.40 Burst exis' 21"or 24"to 24"IPS SDR 19 0'-T dee S 145.00 F Burst existing21"or 24"to 24"IPS SDR 19 8'-IT S 152.00 F Burst existin 21"or 24"to 24"IPS SDR 19 12'-16'dee S 158.00F Burst exis" 24"or 27"to 28"IPS SDR 19 0'-g'do S 165.00 F Burst exis 24"or 27"to 28'IPS SDR 19 8'-IT S 174.80 F Burst exis' 24"or 27"to 28"IPS SDR 14 12'-16' S 202.40 F Burst exi 27"or 30"to 30"IPS SDR 19 0'-8'd 215.00 F Burst existin 27"or 30"to 30"IPS SDR 19 g'-12'F Burst existin 27"or 30"to 30"IPS SDR 19 12'-16' S 245.00 A 8"-12"Pipeburst Se <300 S 1.206'00 D32 EA 16"-22"P' burst Se C <300 S 1.840.00 D33 EA 24"or Larger ipeburst Setup Charge(<300 LF) S 2.300.00 SECRON-E Pipe 8urstingR+habiilta nn for Water Lines; EI LF Install 2"Fusible PVC or HDPE re-chlorinated water line.SDR 11,in trench S 45.00 E2 IF Install 4"Fusible PVC or HDPE re-chlorinated water line.SDR 11.in trench S 55.00 E3 LF Install 6"Fusible PVC or HDPE chlorinated water line,SDR 11,in trench S 68.00 E4 LF Install 8"Fusible PVC or HDPE -chlorinated water tine.SDR 11,in trench S 82.00 E5 LF Install l0"Fusible PVC or HDPE -chlorinated water line,SDR 11 in trench S 95.00 E6 EA Install l"corporation stop with valve box $ 400.00 F7 EA Install 2"co ration stop with valve box S 700.00 E8 EA Install 4"Rate valve&box S 600.00 E9 EA Install 6"Rate valve&box S 800.00 EIO EA Install 8"gate valve&box S 1.200.00 Ell EA Install 12"xate,valve&box f 2.200.00 E12 EA Install 8"x2"service saddle S 900.00 E13 EA Install 12"x I"service saddle S 1.200.00 E14 EA Install 12"x2"service saddle S 1.300.00 E15 EA Conmct new 1"water line w/existi 1"water line S 300.00 E16 EA Connect new 2"water litre w/existin 2"water litre S 500.00 E17 EA Connect new 4"water line w/existin 4"water line S 600.00 E18 EA Connect new 6"water line wiexis 6"water tine S 700.00 E19 EA Connect new 8"water line w/existin 8"water line S 800.00 E20 EA Connect new 12"water line w/existin 12"water line $ 1.000.00 E21 EA Install 3/4 inch service connections $ 525.00 E22 EA Remove and dispose of existirtg fire hydrant S 500.00 E23 EA Salvage existing fire hytimpt and re-install in new location S 2.600.00 E24 TON Repir pavernent with cold mix asphalt S 100.00 E25 EA Furnish and install 8"x 6"ductile'trots fire h t tee S 535.00 E26 EA Furnish and install 6"ductile ironDive fire 1 lead ' in S 625.00 E27 EA Furnish and install 8"x 6" fire hydrant or approved equal,including lead and FH valve S 4.100.00 SECTION-F Sliolinim[With HDPE or FRP Rehabilitation: FI LF b"HDPE IPS SDR 21 0'-F dee S 46'00 F2 LF 6"HDPE IPS SDR 21 8'-IT d S 50.60 F3 LF 6"HDPE IPS SDR 21 12'-16'dee S 55.20 F4 LF 8"HDPE IPS SDR 21 00-V dee S 46'00 F5 LF 8"HDPE IPS SDR 21 g'-IT deer S 50.60 F6 LF 8"HDPE IPS SDR 21 12'-16'dee $ 55.20 F7 LF 10"HDPE IPS SDR 21 0'-8'd S 50.60 FS LF 10"HDPE IPS SDR 21 8'-12'deep) S 55.20 F9 LF 10"HDPE IPS SDR 21 12'-16'd $ 59.80 FI O LF 12"HDPE IPS SDR 21 9-8'dee S 59.80 Fit LF 12"HDPE IPS SDR 21 81-IT dee S 64.40 FI2 LF 12"HOPE IPS SDR 21 12'-16'deep $ 69'00 F13 LF 16"HDPE IPS SDR 21 0'-8'd $ 69.00 F14 LF 16"HDPE IPS SDR 21 8'-12'deep) S 78.20 FIS - LF I e HDPE IPS SDR 21 IT-16'd S 92'00 F16 LF l g"HDPE IPS SDR 21 O'-8'dee S 82.80 F17 1-F 18'HDPE IPS SDR 21 8'-IT S 92.00 Fig LF18"HDPE IPS SDR 21 12'-16 S 110.40 F19 LF 20"HDPE IPS SDR 21 0'-8'd S 110.60 1720 LF 20"ILDPE IPS SDR 21 8'-IT d S 119.60 F21 LF 20"HDPE IPS SDR 21 IT-16'd S 133.40 F22 LF 24'HDPE IPS SDR 21 01-8' $ 128.80 F23 L F 24"HDPE IPS SDR 21 8'-12' $ 138.00 F24 LF 24"HDPE IPS SDR 21 12%16'dee S 151.80 F25 LF 21"Installation of FRP or SRPCP nts 20 If std.Se ents S 2$3.00 F26 LF 130"installation of FRP or SRPCP se nts 20 If std.Se nts $ 322.00 276.00 F27 LF36"lnstatlation of FRP or SRPCP se ate 20 If std.Se s S n Page 3 of9 HGACBuy F28 LF 42"Installa of FRP or SRPCP segments 20 If std.Se nts S 368.00 F29 LF 48"Installation of FRP or SRPCP re nts 20 If std.Segments) S 506.00 F30 LF 54"installation of FRP or SRPCP segments 201f std.Segments) S 552.00 F31 LF 60"Installation of FRP or SRPCP segments 20 If std.Segments) S 736.00 F32 LF 72"Installation of FRP or SRPCP segments 201f std Segments) $ 920.00 F33 LF 27"Installation of FRP or SRPCP segments<IOIf'oims S 303.60 F34 LF 30"I sWiation of FRP or SRPCP segments<IOif joints $ 331.20 F35 LF 36"Installation of FRP or SRPCP se nts<101f'oints S 386.40 F36 LF 42"Installation of FRP or SRPCP segments<I Olf'oints S 441.60 F37 I LF 48"installation of FRP or SRPCP segments<Iulf'oints S 607.20 F38 LF 54"Installation of FRP or SRPCP segments<IOtf'oins $ 662.40 F39 LF 60"Installation of FRP or SRPCP segments<I01f'oints S 883.20 F40 LF 72"Installation of FRP or SRPCP segments<101f•oints $ 1.104.00 F41 IS 27"Set-up for contiguous installations<150 If S 920.00 F42 LS 30"set-up for contiguous instaltations<150 If S 1'840'00 F43 IS 36"Set-up for contiguous installations<1501f S 1.840'00 F44 DS 42"Set-up for contiguous installations<150 If $ 1'840'04 F45 LS 48"Set for contiguous installations<150 If S 1,840.00 F46 LS 54"Set-up for coni ous installations<150 If $ 1.840.00 F47 LS 60"set-up for contiguous installations<150 If $ 1.840.00 F48 IS 72"set-up for contiguous installations<1501f $ 1.840.00 F49 CUFF All Sizes Annular space grouting cement slurry base $ 46.00 F50 IS All Sizes Set for annul az a utin <100 cubic feet S 3.000.00 FS) LB Hip Density Urethane forgrouting slab lifting,void filling,pipe sealing cte.(5001b.min) S 92.00 SECTION-G Manhole and Structure Rehabilitation- GI VF Manhole Rehabilitation Standard 4-ft Diameter -I-inch cementitious S 115.00 G2 SOFT Sewer Structure Rehabilitation Non-circular or manholes greater than 4-11 Diameter - 1-inch cementitious S 35.00 G3 VF Manhole Rehabilitation- x/Poi realor a ved a ual $ 400.00 Sewer Structure Rehabilitation(Non-circular or manholes greater than 4-9 Diameter). Epoxyl'olyurcaror G4 ZSQFFra roved a ual S80.00 G5 Manhole Rehabilitation-0011 inch Geo t rS 355.00 G6 Sewer Structure Rehabilitation Non-circular or manholes ater than 4-fl Diameter - 1-inch Geo 1 r $ 75.G7 Installation of FRP rehabilitation structures to 6' th Standard 4-ft Diameter $ 1.800.00 G8 Additional depth for FRP rehabilitation structures Standard 4-ft Diameter $ 400.00 G4 SFT All Sizes Installation ofpoured in lace sttucturc without forms remai ' depth<I0 of S 90.00 GI O SOIFT I All Sizes Installation of in place structure with forms remaining depth<10 of S 90.00 Gil SOFr All Sizes installation ofpoumd in pWC structure without forms remain' depth+10 of<20 of $ 90.00 G12 S FT All Sizes Installation of in lace structure with forms remainingd th-10 of<20 of $ G13 SOFT JAII Sizes Installation of poured in place structure without forts remaining depth*20 of<40 of S 90.OD G14EEA I' All Sizes Installation of ured in lace structure with forms ramming depth+20 of<40 of S 90.00 GIs All Sizes Set for install of red in lace MH structure<I00 0 S 1,380.00 G16 All Sizes Installation of Manhole ChimneySeal S 552.00 GI7 New manhole frame and cover-24" S 690.00G18 New manhole frame and cover-32" $ 690.00 G19 Premium manhole frame and cover i.e.CertainTeed PAM lockin units etc. 24" S 920.00 G20 Premium manhole fitune and cover i.e.CertainTeed PAM lockingunits etc. 32" S 1 250.00 550 G21 FA Adjust manhole fraise and cover S G22 EACH INVERT INSTALLATION,4'DIAMETER $ 250..00 0 '� G23 EACH INVERT INSTALLATION,5'DIAMETER $ G24 EACH INVERT INSTALLATION,6'DIAMETER $ 750.00 G25 SF INVERT INSTALLATION,OTHER CONFIGURATIONS S 85.00 SECTION-H Excavation and Additional Items: HI EA 6"-8"Point repair(0'•8'dee ) $ 2,760.00 H2 EA 6"-8"Point repair(8'-12'deep) S 3,220.00 5 4,140.00 113 EA 6"•8"Point repair(12'-16'deep) 2,760.00 H4 EA 10"-12"Point u Y.8'dee ) $ ti5 EA 10"-12"Point repair(8'-12'dee ) $ 3,22D.00 H6 EA 10"-12"Point repair(I2'-16'de ) 5 4,140.00 H7 EA 15"-18"Point repair(V-8'deep) $ 3,220.00 H8 EA "-1$"Point repair(8'-12'dee ) $ 3,680.00 H9 EA 15"-18"Point repair 12'-16'dee ) $ 4,140.00 H10 EA 21"-24"Point repair(0'-8'deep) $ 4,000.00 Hit EA 121'-24"Point repair(8'-12'deep) $ 4,350.00 Hie EA 21"-24"Point repair(12'-16'dee ) $ 51000'00 H13 Lf 6"-8"Pointe extra len h over 10 linear feet $ 59.80 52'00 1114 LF 10"-12"Point repair extra length over 10 linear feet $ H15 LF 15"-19"Point repair extra len over 10 linear feet $ 32'00 H16 LF 21"-24"Point repair extra I over 10 linear feet $ 138.00 [L417 EA External reconnect(0'-8'de )u to 5 linear feel $ 92D.008 EA lExternal reconnect(8'-12'dee )u to 5 Direst feet $ 1'380'00 Page 4 of 9 HOACBur HO EA External reconnect(12'-16 deep)up to 5 linear feet $ 2,300.00 H2O EA External reconnect(16-2(r deep)up to 5 linear feet $ 3'200.00 H21 EA External reconnect(over 20 deep)up to 5 linear feet $ 7'000'00 H22 LF Extra length service connection over 5 linear feet $ 41.40 H23 EA Remove and replace or install cleanout $ 1.840.00 H24 EA Access Pit(0'-8'dee $ 1,104.00 H25 EA Access Pit 8'-12'dee ) $ 1'380'00 H26 EA Access Pit(12'-16'dee ) $ 2,300.00 H27 EA Access Pit(I V-20 ) $ 4,000.00 H28 EA Access Pit(over 20'deep) $ 8,000.00 H29 EA Potholing for Nearby Utility Location or Obstruction Removal 0'-8'dee ) $ 690.00 H30 EA Potholing for Nearby Utility Location or Obstruction Removal(8'-12'deep) $ 1,104.00 H31 EA Potholing for Nearby Utility Location or Obstruction Removal(12'-16'deep) $ 1,472A0 1132 EA Potholing for Nearby Utility Dation or Obstruction Removal(Ib'-20'de ) $ 2,200.00 H33 LF Trench safe (0-8'deep) $ 5'00 H34 LF Trench safety(8-12'deep) $ 8'00 H35 LF Trench safe (12-16'deep) $ 20.00 H36 LF Trench safety(16.2(Y deep) $ 35.00 IL37 LF Trench safety over 20'dee ) $ 100.00 R38 EA Install New 4'DIA.precast manhole V-b'deep 5 3,680.00 H39 VF Extra depth 4'DIA precast manhole over b'deep $ 414.00 H40 EA Install New S'DIA precast manhole 0'-6'dee $ 5,680.00 H41 VF Extra depth 5'DIA precast manhole over 6'deep $ 914.00 H42 EA Install New 6'DIA precast manhole 0'-6 de $ 8'680.00 H43 VF Extra depth b'DIA precast manhole over 6'deep $ 1,214.00 H44 EA Install New 4'DIA fiberglass manhole 0'-6 d $ 3,680.00 H45KEA Extra de 4'DIA ss rnanhole over b'deep $ 414.00 H46 Install New S'DIA fiberglass manhole 0'-b' $ 5,680.00 H47 Extra depth 5'DIA fiberglass manhole over 6' $ 914.00 H48 Install New 6'DIA fiberglass manhole 0'-6 dee S 8,680.00 H49 Extra d 6'DIA fiber lass manhole over 6'deep $ 1,214H50 Sanitary Sewer Structure,T e 8 Structure,Up to 6'dee $ 5'x'00 HSI Extra Depth Type 8 Structure,greater than 6'de th $ 500'00 H52 EA Sanitary Sewer Structure,Type C Structure,U to 6'dee $ 6,500'00 .00 H53 VF Extra Depth Type C Structure,greater than 6'depth $ SO H54 Ton Cement stabilized sand $ 36.80V 1455 Ton Granular backfill/Crushed Rock $ 27'60 H56 CY Flowable Fill $ 120.00 H57 EA Dewatering seta (wellpointing)maxitnum 25'deep.includes 20 linear feet setup $ 6,200.00 H58 LF Extra length dewatering over 20 linear feet $ 46.00 H59 DAY Operation Maintain Well Points by the Day $ 300'00 H60 lExtra hand excavation $ 69.00 SECTION-1 Harijental Directional f>rlllln OL. 11 INlDtA/LF 2"-0"Installation of i clayund conditions cost excluded S 36.80 12 MINF F 2"-0"Installation of loose sand ground conditions cost excluded $ 36.80 13 F r4"Installation of i rock ground conditions<3000 i ' cost excluded) $ 4b.00 14 LF 2"-4"installation of rock ground conditions 3-8000 i i cost excluded S 45.00 SS LF 2"-0"Installation of i conditions,per I00(}psi increase over 8000 Psi S 9.20 16 LF 6"-8"Installation of claywound conditions i cost excluded S 27,60 17 LF 6"-8"Installation of loose sand ground eonditions cost excluded $ 27.60 18 LF 6"-8"Installation ofpipe rock ground conditions<3000 i i cost excluded S 36.80 19 Y 6"-8"installation of rock nd conditions 3-8000 i cost excluded S 3'•90 l I0 LF 6"-8"Installation ofyipe ground conditions 1000si increase over 8000 psi $ 18.40 Ill 1N/DIA/LF 10"-12"Installation of 'e clay und conditions ipe excluded $ 27.60 112 114/DLIVLF 10"•12"installation of ' loose sand ground conditions(pipe cost excluded $ 27.60 113 IN/DLA/LF 10"-12"Installation ofpipe tock ground conditions<3000 psi cost excluded S 36.80 114 fWDIA/LF l0"-12"Installation ofPiperock ground conditions 3-8000 Psi 5pipe cost excluded $ 36.80 115 IN/DIA/LF l0"-12"Insta0alion of ' d conditions 1000 si increase over 8000 psi $ 27.60 116 1N/DIA/LF l5"-18"installation of clayground conditions cost excluded S 27,60 117 IN/DIA/LF 15"-18"Installation oft)ipc loose sand ground conditions cost excluded S 27.60 Ila IN/DIA/LF 15"-18"Installation ofpipe rock ground conditions<3000 i cost excluded $ 36.80 119 iN1DWI F i 5"-I8"Installation of i rock ground conditions 3-8000 psi cost excluded S 36.80 120 IN/DIA/LF 15"-18"Installation of[live ground-conditions r 1000 psi increase over 8000-psi S 27.60 121 IN/DIA/LF 21"-24"Installation of i clay ground conditions cost excluded $ 27.60 122 IN/DIA/LF 21"-24"Installation of loose send anti conditions cost excluded $ 27.60 123 IN/DIA/LF 21"-24"Installation of i rock and conditions<3000 i cost excluded) S 35.80 124INIDWLF 21"-24"Installation of i rack and conditions 3-8000 psi i cost excluded S 36.80 I25 IN/DIA/LF 21"-24"Installation of und conditions r 1000 psi increase over x000 S 36.80 126 IN/DIA/LF 27"-36"Installation of ' clayground conditions i cost excluded) S 27.60 127 INJDIAJI F 27"-36"Installation of i loose sand and conditions i cost excluded S 27.60 128 IN/DIA/LF 27-36"Installation of pipe rock ground conditions<3000 i i cost excluded S 36.80 Page 5 of 9 HGACBuy Cd a 129 IN/DIA/LF 27"-36"Installation of rock and conditions 3-8000 i i cost excluded) S 3b.80 130 IN/DIA/LF 27"-36"Installation of and conditions r 1000 psi increase over 8000 i S 36.80 13l EA Access Pit for Directional Chill(0'-8'dee ) $ 3,500.00 132 EA Access Pit for Directional Drill(8'-IT deep) $ 3,500.00 133 EA Access Pit for Directional Drill(i2'-16' ) $ 5`x'00 134 EA Access Pit for Directional Drill(Ib'-24'd ) $ 8,000.00 135 EA Access Pit for Directional Drill(over 20' ) $ 8'000.0 136 IS 2"11"Set-u for contiguous len <)50 If S 920.00 137 LS b"-8"Set-upfor contiguous la <150 If S 920.00 138 LS 10"-12"Set- for contiguous le <1501f S 920'00 139 LS 15"-18"Set• for conn ous le <150 If S 420.00 140 LS 21"-24"set- forcanti us len <1501f $ 920'00 141 I S 27"-36"Seto for coni ous len <I30 If S 920.00 Note:Pipe cost errduded from obove prices. ECT - § ss Pumping for Gravity Pare and Ass shiftd Items• 31 EA Set up 4"purnp and piping including up to 1000 feet ofbypass discharge line 5 1,200.00 J2 EA Set up 6'pump and piping including up to 1000 feet ofbypass discharge line $ 2,400.00 J3 EA Set up 8"pump and piping including up to 100D feet of bypass discharge lira $ 51500.00 14 EA Set up 12"pump and piping including up to 1000 lett ofb ass discha liar S 8,700.00 J5 EA Set UP 18"pump and piping including up to 1000 feet of bypass discharge tine $ 13,500.00 J6 LF Additional Len 8"Bypass Discharge Line over 1000 feet $ 18.00 17 LF Additional Length 10"Mass Discharge Line over 1000 fat $ 24.00 is LF Additional Length 12"Bypass Discharge Line over 1000 fat $ 44'00 19 LF Additional Len 18"Bypass Discharge Line over 1000 feet S 66.00 110 DAY Operate 4"pumping System per pump $ 250.00 ill DAY Operate 6"pumping System r pump $ 1,440.00 112 DAY Operate 8"pumping System per pun S 2,820.00 J13 DAY Operate 12"pumpingSystem per pump $ 4,420.00 J14 DAY operate 18"pumping System r pump $ 8,880'00 its DAY Bypass-Driveway Ram (Setup,Operate,Maintain) $ 1,500.00 J16 DAY Bypass-Street Ram (Setup,Operate,Maintain) $ 1,500.00 117 LF -Street Trenchingexcludingrestoration for 8"Pie(Setup. rate.Maintain) $ 46.00 1 i 8 LF Bypass-Street Trenching excluding restoration for 12"P' (Se Operate,Maintain) $ 46.00 119 LF Bypass-Street Trenching excluding restoration for 18"Pipe(Setup.Operate.Maintain) $ 46.00 SECTION-K Pressure Pipe Lining and Reinforced Pressure Pipe Lining System: Potable Pressure Pipelines KI LF 6"Installation of Pressure Pipe Lin' $ 120.00 K2 LF 8"Installation of Pressure P' L' $ 135.00 K3 LF 10"Installation of Pressure Pipe Lining S 155.00 K4 LF 12"Installation of Pressure PWc Lining S 172.00 K$ LF 15"installation of Pressure PiPe Lining S 195.00 K6 LF Is,Installation of Pressure Pipe Lining S 235.00 K7 LF 21"Installation of Pressure Pipe Lin $ 262.00 K8 LF 24"Installation of Pressure Pipe Lining S 293.00 K9 LF 27"installation of Pressure Pipe Lining S 320.00 KI O LF 30"Installation of Pressure Pipe Lining S 395.00 Kit LF 33"Installation of Pressure Pipe Lining S 460'00 Kl2 LF 36"Installation of Pressure Pipe Linin $ 506.00 K13 LF 39"Installation of Pressure Pipe Lin! S $8240 X14 LF 42"-Installation offtmure Pipe Linin $ 690.00 K15 LF 48"Installation of Pressure Pipe Linin $ 920.00 K16 T LF 54"Installation of Pressure Pipe Liru'ng S 1.100.00 Cion-Potable Pressure Pipelines K17 LF 6"Reinforced Pressure Pin Lining $ 90.00 Kill LF 8"Reinforce!Pressure Pipe Lining S 110.00 K19 LF 10"Reinforced Pressure Pipe Lining S 130'00 K20 LF 12"Reinforced Pressure Pipe Lining S 150.00 K21 LF IS"Reinforced PressureP' Linin $ 170.00 K22 LF 18"Reinforced Pressure Pine Uning S 210.00 K23 LF 21"Reinforced Pressure P' S 232.00 K24 LF 24"Reinforce!Pressure Pipe Lining S 285.00 K25 LF 27"Reinforced Pressure Pipe Linin $ 320.00 K26 LF 30"Reinforced Pressure P' Linin $ 365.00 K27 LF 33"Reinforced Pressure Pie Linin $ 430.00 K28 L LF 36"Reinforced Pressure Pipe Linin $ 506.00 K29 LF 39"Reinforced Pressure Pipe Linin S 555.00 sure K30 LF 42"Reinforced PresP' Lin! S 670.00 K31 LF 48"Reinforced Pressure Pi Linin S 900.00 K32 LF 54"Reinforced Pressure Pipe LiningS 1.000.00 K33 FA 6"installation of End Seal S 1.380.00 K34 F.A 8"Installation of End Scai S 1.380.00 Page 6 of 9 HGACBuy $ 1.380.00 K35 EA 10"Installation of End Seat K36 EA I2"Installation of End Seal S 1.380.00 K37 EA S 2,840.00 15"Installation of End Seal S 2'300.00 K38 EA 18"Installation of End Seal $ 2.300.00 K39 FA 21"installation of End Seal S 2'760'00 K40 EA 24"Installation of End Seal S 2.760.00 K41 EA 27"Installation of End Seal 0.00 K42 EA 30"Installation of End Seal S 2. K43 EA 33"Installation of End Seal S 3.22220.00 $ 3.220.00 K44 EA 36"Installation of End Seat S 3.680.00 K45 EA 39"Installation of End Seal S 3.680.00 K46 EA 42"installation of End Seal S 4,600.00 K47 EA 48"Installation of End Seal 5 4.600.00 Kd8 FA 54"installation of End Seal K49 EA 6"to 12"system set-up c <150 In S 1.380.00 K50 EA 15"to 21"System set-uP charge <150 I S 1.380.00 K51 EA 24"to 33"System set-u c <1501 S 1.380.00 S 1.380.W K52 EA 36"to 54"System set-upchar (<150 If) SECTION-LPi e Ll LF Set u b of mainlines sins 2"-4"AWWA approved hML3 S 36.80 L2 EA Connection of each service from 2"-4"A W WA approved S 423.20 L3 Da ration of 2"-4"A W W A approved bypass S 420.00 Lit LF Set ass of mainlines sizes 6"-8"AWWA approved s S 69'20 L-5 EA Connection of each service from 6"-8"AWWA approved bypass S 464.20 L6 Da tion of 6"-8"AWWA roved b ass 5 1.104.00 L7 LF ISet up-bypan of mainlines sizes 10"-12"AWWA approved bypass S 55.20 LS EA lConneetion ofeach service from 10"-12"AWWA approved bypass S 575.00 L9 Da ration of 10"-12"AWWA roved b S 1.138'00 .00 L10 LF Set bypass of mainlines sizes 13"-19"AWWA approved bypass S 138 Ll I EA Connection of each service from 13"-19"AWWA a ved S 598.00 L12 Da ration of I3"-19"AWWA approved 184 ass $ 2. 94.00 .00 L13 EA Set u bypass of mainlines sizes 20"-24"AW WA approved b S 1 L14 FA Connection of each service from 20"-24"AWWA roved bypass 5 920.00 LI5 Day Operation of 20"-24"AWWA ayprovedb $ 2.300.00 Ll6 LF Set up bypass of mainlines sizes 25"-30"AWWA approved,byVass $ 322.00 Liz EA Connection of each service from 25"-30"AWWA approved bypass S 920.00 LIS Day Operation of 25"-30"AWWA approved s S 2.760.00 1,19 LF Set up bypass of mainlines sizes 31"-37"AWWA approved bypass S 414.00 1.20 FA Connection of each service from 31"-37"AW WA a roved b ss S 920.00 1.21 Da ration of 31"-37"AWWA roved b $ 2'552.00 00 L22 LF Set bypass of mainlines sizes 38"-48"AWWA approved bypass S 552. L23 EA Correction of each service from 38"-48"AWWA approved bypass S 920.00 1,24 Da ration of 38"-48"AWWA roved bypass S 2.760.00 SECTION-M Line Cleaning and IM92ction for Ressum pioellnes&Mechanical Cleaning: Ml LF 6"Cleaning with pressure vropelled pigs S 9.20 M2 LF 8"Cleaning with pressure propelled pigs S 9.20 M3 LF 10"Cleaning with pressure propelled pigs S 9.20 M4 LF 12"Cleaning with presstwe roelled i s S 9.20 M5 LF 15"Cleaning with pressure PrOPellOd Pigs S 13.80 M6 LF 18"Cleaning with pressure propelled pigs S 13.80 M7 LF 21"Cleanin with ssure rolled i S 13.80 M8 LF 24"Cleaningwith pressure propelled Pigs S 18.40 M9 LF 27"Cleaning with rcssum propelled pigs S 18.40 M10 LF 30"Cleaningwith pressure propelled i S 18.40 M 1 i LF 33"Cleaningwith pressure [led i S 18.40 S 36.80 M12 LF 36"Cleaning with pressure propelled i M13 LF 42"Cleaning with pressure propelled pigs S 36.80 M14 LF 48"Clea ' with 11edpigsS 36.80 M15 1F 54"Cleanin with assure rolkd i $ 36.80 M 16 LF 6"Cleanin with sera or other attached tools S 13.80 M17 LF 8"Cleaning with scrapers or other attached tools $ I 3.80 M18 LF 10"Cleaning with scrapers or other attached tools S 13.80 M19 LF 12"Cl with scrapers or other attached tools 5 13.80 M20 LF 15"Cleaningwith sem rs or other attached toots S 18.40 M21 LF 18"Cleaning with scrapers or other attached tools S 18.40 M22 LF 21"Cleaning with scrapers or other attached tools S 18.40 M23 LF 24"Cleaning with scramrs or other attached tools S 2300 M24 IF 27"Cleaning with scrapers or other attached tools $ 23.00 M25 LF 30"Cleaning with scrapers or other attached tools S 23.00 M26 LF 33"Cleaning with scrapers or other attached tools $ 32.20 M27lF 36"Cleaning with scrajxrs or other attached tools S 32.20 M28 LF 42"Cleaningwith seta S 36.80 scrapers or other attached tools S 46.00 M29 LF 48"Cleanin with scrapers or other anached tools S 55.20 M30 LF 54"Cleaningwith scrapersor other attached tools S 3.68 M31 LF 6"Pressure i tion S 3.68 M32 LF 8"Pressure PiPe ins tion Page 7 of 9 HGACBuy M33 LF 10"Pressure pipe ins co $on 4.60 M34 LF 12"Pressure i inspection S 4.60 M35 LF 15"Pressure inspection S 4.60 M36 LF 18"Pressure inspection S 6.44 M37 LF 21"Pressure i inspection S 6.44 M38 LF 24"Pressure i ins tion 0644 6.44 M39 LF 27"Pressure i inspection M40 LF 30"Pressure ins ction M41 LF 33"Pressutt ins don M42 LF 36"Pressure don M43 LF 42"Pressure i in4 tion M44 LF 48"Pressure i ins tion M45 LF 54"Pressure i urs don M46 IN/DIA/LF Tuberculation Removal(Pressure&Gravi Pi lines) SECTION-N Redgration and Addifflonal Ni LF Saw Cutting to 8"depth S 4'00 N2 LF Saw Cuttingover 8" tb S 10.00 N3 SY a/Rehab 2" halt pavement $ 46.00 N4 SY R air/Rebab 8"Flex base S 36.80 NS SY Re airtRehab 8"Concrete avement S 110'40 N6 SF R ir/Rehab 6"Concrete drivcwa S 18.40 N7 SF Re ir/Rehab 4"Concrete sidewalk $ 18'40 N8 LF R it/Rehab Concrete curb and tter S 32.20 N9 SY Soddin S 9.20 NIO LF Repair/Rehab chain link fence with new S 36.80 Nll LF R ainebab wooden Lena $ 355.80 with new 3 N12 CY TOPSOIL COMPLETE 5 .00 N13 CY SANDING COMPLETE $ 22'00 N14 CY MULCH COMPLETE $ 30'00 N25 LF STRAW BALE BARRIER $ 20.00 N16 EACH TREE REPLACEMENT: HARDWOODS,2" $ 200.00 N17 EACH TREE REPLACEMENT: PINES,2" $ 300'00 NIB EACH SHRUB REPLACEMENT:i GALLON $ 40'00 N19 EACH SHRUB REPLACEMENT: 3 GALLON $ 63.00 N20 EACH SHRUB REPLACEMENT: 5 GALLON $ 82'00 N21 RLF H SHRUB REPLACEMENT:7 GALLON $ 122.00 N22 H BEDDING FLOWERS:PER FLAT OF 18 $ 100.00 N23 STONE RIP RAP TYPE I,24"IN PLACE COMPLETE $ 105.00 N24 STONE RIP RAP TYPE 111,12"IN PLACE COMPLETE $ 60.00 00 N25 STONE GROUTED RIP RAP-12"INSTALLED $ 95' N26 SILT FENCE TYPE A,COMPLETE $ 12'00 N27 SILT FENCE TYPE C,COMPLETE $ B'00 N28 ORANGE BARRIER FENCE $ 6'� N29 EACH MAY BALES COMPLETE $ 110'00 N30 SY PLASTIC FILTER FABRIC INSTALLED $ 10.00 N31 SF PERMANENT SOIL REINF MAT INSTALLED $ 125.00 SECTION-O Additional Labor Rates and Traffic Control: 01 HR SUPERINTENDENT-REGULAR $ 25.00 02 HR FOREMAN-REGULAR $ 17.00 03 HR LABORER-REGULAR $ 12.00 04 HR TRUCK DRIVER-REGULAR 5 14'00 05 HR UTILITY-REGULAR $ 14.00 06 RHR SUPERINTENDENT-OVER TIME $ 37.50 07 FOREMAN-OVER TIME 5 25.50 08 LABORER-OVER TIME $ 18.00 09 TRUCK DRIVER-OVERTIME $ 21'00 010UTILITY-OVERTIME S 21.00 011Barricades,Si .and Traffic Handlin r seta S 3.500.00 012Traffic Control Plan r sc S 2.500.00 S27.60 013Fla n S 45.00 014 HR Uniformed Officers S 2.500.00 015 EA lSwPPP Crew Travel A Mobilization: PI EA Travel and Mobilization.TML Re 'on 2 Amarillo S 6,90070 P2 EA Travel and Mobilization-TML Rc ' n J C rock-Lubbock S 6,900.00 Page 9 of 9 HGACBuy P3 EA Travel obilization-TML Region d Permian Basin Re 'on-Odessa S 6,900.00 P4 EA Travel and Mobilization-TML Region 5 Red River Valley-Wichita Falls S 4,600.00 P5 EA Travel and Mobilization-TML Region 6 Hub of Texas-Abilene S 3.680.00 P6 EA Travel and Mobilization-TML Region 7 Alamo Region-San Antonio S 3.680.00 P7 EA Travel and Mobilization-TML Region 8 Where the West Begins-Ft.Worth $ 2.500.00 P8 EA Travel and Mobilization-TML Region 9 Heart of Texas-Waco S 3,680.00 P9 EA Travel and Mobilization-TML Region 10(Highland Lakes-Austin S 2.500.00 PIO EA Travel and Mobilization-TML Region 11 Coastal BendmCOW Christi $ 6,900.00 PI 1 EA Travel and Mobilization-TML Re 'on 12 Lower Rio Grande Val -McAllen S 9,200.00 P12 EA Travel and Mobilization-TML Region 13 ooh Central Texas-Dallas S 2.500.00 P13 EA Travel and Mobilization-TML R 'on 14 San Jacinto-Houston Area S 2.500.00 PI4 EA Travel and Mobilization-TML Region IST ler-Lo icw S 3.680.00 P15 EA Travel and Mobilization-TML Restion 16 Golden Pine&Oil-Beaumont S 3.680.00 P16 EA Travel and Mobilization-Oklahorna S 10.000.00 P17 EA Travel and Mobilization-Louisiana S 7,500.00 PI8 EA Travel and Mobilization-Colorado $ 20.000.00 PI9 EA Travel and Mobilization-Arkansas S 15.000.00 P20 EA Travel and Mobilization-Missouri S 20.000.00 P21 EA Travel and Mobilization-Kansas S 20.000.00 Page 9 of 9 Ljuk,uoy I I cl I valupu I LJ.^ roe vc-tt-eiv AMENDMENTNo.2 to CONTRACT No.TP07-18 For Trenchless Pipeline Rehabilitation Services Between HOUSTON-GALVESTON AREA COUNCIL And IPR Northeast,LLC THIS,AMENDMENT modifies the above referenced Contract as follows: l"his contract is extended through June 30,2023 Midnight CT. Unless otherwise noted,this amendment goes into effect on the date signed by H-GAC.All other terms and conditions of this Contract shall remain unchanged and in full force and effect. IN WITNESS WHEREOF,the parties have caused this Agreement to be executed by their respective duty authorized representatives. DocuSigned by; Signed for Houston-Galveston Area Council, I-louston,Texas Chuck Wemple, Executive Director 6/27/2022, Date: ................. by. Signed for: IPR Northeast, LLC ' 'f_ 7 N)26974 CE Cd 7 E Printed Name& Tit�le: Thomas Gottsege:n chief Legal officer 6/14/2022 Date: RevisLd 6.1.18 AMENDMENT No.2 to CONTRACT No.TP07-18 For Trenchless Pipeline Rehabilitation Services Between HOUSTON-GALVESTON AREA COUNCIL Arid IPR Northeast, LLC THIS AMENDMENT modifies the above referenced Contract as follows: This contract is extended through June 30,2023 Midnight CT. Unless otherwise noted,this amendment goes into effect on the date signed by FI-(.',AC.All other terms and conditions of this Contract shall remain unchanged and in full force and effect, IN WITNESS WHEREOF,the parties have caused this Agreement to be executed by their respective duly authorized representatives. DocuSigined by: Signed fior Houston-Galveston Area Council, Houston,Texas Chuck Wernple, E.'xecutive Director 6/27/2022 Date: Den j5igned by '_ �"�7' V-4, 41, Signed for: IPR Northeast, LLC r _'Fh36 213�y 714 CE C4 F E Printed Name&'Ir,itle: Thomas Gottsegen chief Legal officer 6/14/2022 Date: Rev�scd 6.1.18 IPR Northeast, LLC 1055 Tucker Street INortheast Beltsville, IVID 20705 August 31, 2022 Mr. Brian Fenzel, Manager-Cooperative Purchasing Houston-Galveston Area Council 3555 Timmons Lane Suite 120 Houston,,TX 77027 RE: Reassignment of Contract TP07-18 Dear Mr. Fenzel, Contract TP07-18: Trenchless Pipeline Rehabilitation Services was originally awarded to PIVI Construction & Rehab, LLC (PM Construction) in 2018. After restructuring, the contract was assigned to a sister company of PM Construction, IPR Northeast, LLC(IPR NINE) in 2020. After another recent re-organization of the company,we would like to have Contract TP07-18 reassigned back to the original owner of the contract, PIVI Construction. All services provided under the contract and all resources available under the contract will remain unchanged, as the companies are under the common ownership of Inland Pipe Rehabilitation LLC Please find attached PM Construction's Sam.Gov Certificate. Should you have any questions or require any additional documentation, please contact our Contracts Manager. Her contact information is below. Sara Grogan, Contracts& Licensing Manager Email: sgrog�_Q_@ttqtjji corn Phone: 832-948-3378 Thank you for your assistance in this matter. Sincerely, IPR Northeast, LLC Thomas Gottsegen Chief Legal Officer Entity 's orkspace Results 2 Total Results PM Construction&Rehab,LLC DUNS Unique Entity ID:034117804 Physical Adldress: Expiration Date: sAm Unique Entity ID: LZBNGILK596A5 131 N RICHEY ST Feb 09,2023 PASADENA,TX Purpose of Registration: CAGE/NCAGE:7VCJ8 77506-1031 USA All Awards Entity Status:Active 1PR SoU`thast-LILC DUNS Unique Entity ID:0783554 9----..-,_...Physical Address.: Expiration Date: SAM Unique Entity ID:TGNFL2EG98N7 5207 Bri�rRalabd,Rd Apr 29,2022 Stone,Mountain ,GA -PurpRe of Registration: CAGE/NCAGE:7PZU8 30083-1317 U'SA All Awards Entity Status:Active 00300 Proposal OL AN PM Construction& Rebab, �LLC 131 N Richey 5t Pasadena T> 775O8 �� u0;� �� ' ^ ,��l �� ~. ��[�0M��V ]u|y 19, 2022 City of Round Rock 4ttn' David Freireich Bid Proposal: Chandler-Creek Sewer Rehab HGAC #TPQ7-18 Round Rock, Texas Pipe Bursting Replacement Dear Bidder', PM Construction & Rehab, LL[ is pleased to offer-the following proposal pricing to provide pipe bursting(PB) replacernent services of the 36-Inch sanitary sewer lines for the above referenced project. Our proposal is based on the documents provided by City of Round Rock. This pricing includes providing all labor', materia[ supervision, and equipment necessary to complete the scope ofwork aslisted below. Scope ofwork performed byPM {nnStrUction & Rehab, LLC: � Provide pre-work submittals. � Erosion and sediment controls � PM Construction & Rehab. L-[wi|| perform pre-rehab CCTV& cleaning(normal only). Two- wheel drive vehicle access to manholes is required for this work. � PB replacement to u0|ze 0R 11 HDPE for replacement piRe, utilizing pneumatic bursting methods only, All excavations will he backfilled with previously excavated material. � Pricing is based on completing dianneLers & associated quantities aslisted in this proposal's schedule of values, Any change in overall or segmental length, host pipe diameters, host pipe material, replacement mater|nV or thickness cou|d result in pricing changes, � Demobilize all construction eguiprnent and!, clean-up of all identifiable debris generated by PM [ons1ructiom & Rehab, LL[ crew(s). � Proposal includes costs for one mobilization; additional mobilization vvi|| be invoiced accordingly. PM Construction & Rehab, LLC proposes to complete the above scople of services for the prices listed b�e|ouv: Resiorin� �ommun�Ues vviLh Safe �mari anJ Lasdn� |nfrasiructur� mvvvv �eamiprzom Item No. Description Qty Unit Unit Price Total Travel and Mobilization-TML Region 10 P9 (Highland Lakes-Austin) 1 EA $ 10,000.00 $ 10,000.00 Travel and Mobilization-Rehab of 501 FT P26 to 1000 FT 1 EA $ 10,000.00 $ 10,000.00 Burst Existing 27"or 30"to 30"IPS SDR 19 D30 (12'-16'Deep) 732 LF $ 275.00 $ 201,300.00 Additional diameter for bursting above Al 1 30"(36"HDPE DR 11 IPS) 732 LF $ 329.00 $ 240,828.00 H60 Access Pit(16'-20"deep) 3 EA $ 8,000.00 $ 24,000.00 H69 Trench Safety(16'-20"deep) 3 EA $ 100.00 $ 300.00 Set up 8"pump ande piping including up J3 to 1000 feet of bypass discharge line 3 EA $ 11,000.00 $ 33,000.00 J12 Operate 8"pumping system per pump 75 DAY $ 5,640.00 $ 423,000.00 Discount-Operate 8"pumping system per J12-D pump 1 LS $ (428.00) $ (428.00) Dewatering Setup(well pointing Maximum 25'deep,includes 20 linear H90 feet setup 1 EA $ 7,500.00 $ 7,500.00 Extra length dewatering over 20 linear H91 feet 712 LF $ 100.00 $ 71,200.00 H91D Discount-Extra length over 230 linear feet 1 LS $ (53,700.00) $ (53,700.00) $ 967,000.00 This pricing does not include the cost for the following: Prevailing wages. Pre or Post TV-To be completed by the City Service Reconnections Heavy pipe cleaning,including but not limited to grease, roots,tuberculation removal, mechanical cleaning,debris disposal,dump site,etc. Y Grouting,vibration monitoring, point repairs(internal or open cut), new installation,etc.to be handled by Others if required. Traffic control outside of temporary signs&cones. Testing of any kind Y Any permits or fees, including fees for water source. Source and any associated fees to be provided by Others. ➢ Changes in pipe diameter,quantities, host pipe material, replacement pipe material,or lengths(overall or segmental), curing or bursting methods will result in pricing changes. Static bursting is NOT included in this proposal. ➢ Bursting cast iron(Cl)or ductile iron(DI)mains is NOT included in this proposal. ➢ Locating of buried manholes or Owner right of way by Others(if required). Haul off unsuitable excavated materials or suitable replacement materials hauled in. p Rock excavation or blasting. Restoring communities with safe, smart & lasting infrastructure www.teamipr.com Any work not specifically detailed in this proposal. Pricing firm for 30 days from date of this proposal. Thank you for the opportunity to offer you this proposal.Should you have any questions or require additional information, please do not hesitate to contact me. Sincerely, PM Construction&Rehab, LLC Justin Mouton Business Development Restoring communities with safe, smart& lasting infrastructure www.teamipr.com 00500 AGREEMENT Ci!y of Round Rock, Texas Contract Forms Standard Form of Agreement: Section 00500 City of Round Rock, Texas Standard Form of Agreement between Owner and Contractor ILI !:�f in tile year AGREEMENT made as of the 2,;? day of 202—, 13ETWEEN the Owner: City of Round Rock,Texas(hereafter"Owner"or"City,,) 221 East Main Street Round Rock,'texas 78664 and the Contractor PM Construction& Rehab, LI.0 ("Contractor") 131 North Richey Street Pasadena,TX 7750�6 The Project is described as: Chandler Creek 36-inch Wastewater Line Replacement 'File Engineer is: David Freireich Principal Engineer City of Round Rock 512-671-2756 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 CON,rRACT Contractor shall fully execute the Work described in the Contract Documents,except to the extent specifically indicated in the Contract Documents to be the responsibility of others. 00500 4-2020 Paget of Standard Form of Agreenmit 00443647 ARTICLE 3 DATE OF COMMENCEMENT; DATE OF SUBSTANTIAL COMPLETION;DATE OF FINAL COMPLETION 3.1 The date of commencement of the Work shall be the date of this Agreement unless a different date is stated below or provision is made for the date to be fixed in a Notice to Proceed issued by Owner. 3.2 The Contract Time shall be measured from the date delineated in the Notice to Proceed. 3.3 Contractor shall commence Work within thirty 30 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 NA (NA )calendar days from issuance by Owner of Notice to Proceed, and Contractor shall achieve Substantial Completion of the entire Work no later than thirty 30 )calendar days from issuance by Owner of Notice to Proceed,subject to adjustments of this Contract Time as provided in the Contract Documents. 3.5 If Contractor fails to achieve Substantial Completion of the Work(or any portion thereof)on or before the date(s)specified for Substantial Completion in the Agreement,Contractor shall pay to Owner,as liquidated damages, the sum of five hundred and No/100 Dollars($ 500 ) for each calendar day that Substantial Completion is delayed after the date(s) specified for Substantial Completion. It is hereby agreed that the liquidated damages to which Owner is entitled hereunder are a reasonable forecast of just compensation for the harm that would be caused by Contractor's failure to achieve Substantial Completion of the Work(or any portion thereof)on or before the date(s)specified for Substantial Completion in the Agreement and is not a penalty. It is agreed that the harm that would be caused by such failure, which includes loss of expected use of the Project areas,provision of alternative storage facilities and rescheduling of moving and occupancy dates,is one that is incapable or very difficult of accurate estimation. It is hereby agreed that if Substantial Completion of the Work(or any portion thereof)is not achieved on or before thirty(30)days after the date(s) specified for Substantial Completion in the Agreement, the Owner shall have the option to either collect liquidated damages as set forth herein or to thereafter rely on its remedies under the Contract Documents and at law and in equity, including without limitation, the recovery of actual damages. The date(s) specified for Substantial Completion of the Work(or any portion thereof)in the Agreement shall be subject to adjustment as provided in the Contract Documents. 3.6 Contractor shall achieve Final Completion of the entire Work no later than sixty 660)calendar days from issuance by Owner of Notice to Proceed. ARTICLE 4 CONTRACT SUM 4.1 Owner shall pay Contractor the Contract Sum in current funds for Contractor's full and complete performance of the Work and all of Contractor's obligations under this Agreement. The Contract Sum shall be nine hundred sixty seven thousand dollars ($967,000 ),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 .1 yes,please provide details below. NA NA 00500 4-2020 Page 2 of 5 Standard Form of Agreement 00443647 ARTICLE 5 PAYMENTS 5.1 PROGRESS PAYMENTS 5.1.1 Based upon Applications for Payment submitted to Engineer and Owner by Contractor,and Certificates for Payment issued by Engineer and not disputed by Owner and/or Owner's lender,Owner shall make progress payments on account of the Contract Sum to Contractor as provided below, in Article 14 of the General Conditions, and elsewhere in the Contract Documents. 5.1.2 The period covered by each Application for Payment shall be one calendar month ending on the last day of the month. 5.13 Provided that an Application for Payment is received by Engineer and Owner, and Engineer issues a Certificate of Payment not later than the tenth (10th) day of a month, Owner shall make payment to Contractor of amounts approved by the Owner not later than the tenth(10th)day of the next month. If an Application for Payment is received by Engineer and Owner after the application date fixed above,payment shall be made by Owner not later than one month after the Engineer issues a Certificate for Payment.The Owner shall not have any obligation to pay any amount covered by the Engineer's Certificate for Payment that is disputed by the Owner. 5.1.4 Each Application for Payment shall be based on the most recent schedule of values submitted by Contractor in accordance with the Contract Documents.The schedule of values shall allocate the entire Contract Sum among the various portions of the Work.The schedule of values shall be prepared in such form and supported by such data to substantiate its accuracy as Engineer and Owner may require.This schedule,unless objected to by Engineer or Owner, shall be used as a basis for reviewing Contractor's Applications for Payment. 5.1.5 Applications for Payment shall warrant the percentage of completion of each portion of the Work as of the end of the period covered by the Application for Payment. 5.1.6 Subject to other provisions of the Contract Documents, the amount of each progress payment shall be computed as provided in Article 14 of the General Conditions. 5.1.7 Except with Owner's prior written approval, Contractor shall not make advance payments to suppliers for materials or equipment which have not been delivered and stored at the site. 5.2 FINAL PAYMENT 5.2.1 Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made by Owner to Contractor when: .1 Contractor has fully performed the Contract except for Contractor's responsibility to correct Work, and to satisfy other requirements,if any,which extend beyond final payment;and .2 a final Certificate for Payment has been issued by Engineer and approved by the Owner. 5.2.2 Owner's final payment to Contractor shall be made no later than thirty (30) days after the issuance of Engineer's final Certificate for Payment. In no event shall final payment be required to be made prior to thirty(30) days after all Work on the Contract has been fully performed.Defects in the Work discovered prior to final payment shall be treated as non-conforming Work and shall be corrected by Contractor prior to final payment,and shall not be treated as warranty items. ARTICLE 6 TERMINATION OR SUSPENSION 6.1 The Contract may be terminated by Owner or Contractor as provided in Article 15 of the General Conditions. 00500 4-2020 Page 3 of 5 Standard Form of Agreement 00443647 6.2 The Work may be suspended by Owner as provided in Article 15 of the General Conditions. ARTICLE 7 ENUMERATION OF CONTRACT DOCUMENTS 7.1 The Contract Documents,except for Modifications issued after execution of this Agreement,are enumerated as follows: 7.1.1 The Agreement is this executed version of the City of Round Rock, Texas Standard Form of Agreement between Owner and Contractor,as modified. 7.1.2 The General Conditions are the "City of Round Rock Contract Forms 00700," General Conditions, as modified. 7.1.3 The Supplementary,Special,and other Conditions of the Contract are those contained in the Project Manual dated Autust 2022 7.1.4 The Specifications are those contained in the Project Manual dated Ausust 2022 7.1.5 The Drawings,if any,are those contained in the Project Manual dated Aueust 2022 7.1.6 The Insurance&Construction Bond Forms of the Contract are those contained in the Project Manual dated Aueust 2022 7.1.7 The Notice to Bidders,Instructions to Bidders,Bid Form,and Addenda,if any,are those contained in the Project Manual dated Auzust 2022 7.1.8 If this Agreement covers construction involving federal funds, thereby requiring inclusion of mandated contract clauses, such federally required clauses are those contained in the "City of Round Rock Contract Forms 03000,"Federally Required Contract Clauses,as modified. 7.1.9 Other documents,if any,forming part of the Contract Documents are as follows: AIA ARTICLE 8 MISCELLANEOUS PROVISIONS &I 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: David Freireich Principal Engineer 3400 Sunrise Rd Round Rock,TX 78665 8.3 Contractor's representative is: Justin Mouton Business Development Manager 131 North Richey Street Pasadena,TX 77506 8.4 Neither Owner's nor Contractor's representative shall be changed without ten(l 0)days'written notice to the other party. 00500 4-2020 Page 4 of 5 Standard Form of Agreement 00443647 8.5 Waiver of any breach of this Agreement shall not constitute waiver of any subsequent breach, 8.6 Owner agrees to pay Contractor from available funds for satisfactory performance of this Agreement in accordance with the bid or proposal submitted therefor, subject to proper additions and deductions, all as provided in the General Conditions, Supplemental Conditions, and Special Conditions of this Agreement,, and Owner agrees to make payments on account thereof as provided therein. Lack of funds shall render this Agreement null and void to the extent funds are riot 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 iflegal 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'rexas. 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 '1'he 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. I"his 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 PM Construction& Rehab, LLC I CIT ,OF ROUND ROCK,TEXAS I/ ywi� Thornal Gottsegen Priined uric: Printed Name: Title y TK— Title: Chief Legal Officer Date Signed: Date Signed: 8/31/2022 ATTEST: —IU City Clerk FOR CITY, APPROVED AS TO FORM- z ? lltits rAtfe(,)n7ey — 00500 4-2020 Page 5 of 5 Standard Form of Agreement 00443647 00600 INSURANCE AND CONSTRUCTION BOND FORMS BONDS AND INSURANCE INSTRUCTIONS Instruction Sheet 1. Insurance Company must be licensed by State of'Texas. 2. Agent signing bonds must be licensed in Texas. 3. Agent signing bonds rnLlSt have Power of Attorney oil behalf of' insurance company. 4. HAgent signing bonds has Power ol'Attorricy, but not licensed in 'Texas, then the bond must be counter-signed by'rexas local recording agent. AIM. THE ABOVE INFORMATION CAN BE FOUND AT ' ' xas Department of Insurance website—www.tdLSta1.e.txt1S 5. Make sure the dollar aniount on both Performance and Payment Bonds tilatch the a1110Unt of the Agreement & Bid Form Sheet. 6. Both Performance and Payment Bonds should be signed by Authorized Pei-son. If the contractor is a corporation, then it Should be signed by the President or the Vice-President. Ifthe contractor is not incorporated, then it may be signed by the Owner, Please state the title oftlic authorized person, CERTIFICATE OF LIABILITY INSURANCE Instruction Sheet 1. CERTIFICATE OF LIABILITY INSURANCE FORM The City of Round Rock's Certificate of Liability hisunance forni provided herein or as standard ACORD form. 2. PRODUCER and INSURED - Please list name, address, phone number and c-mail. 3, COMPANIES AFFORDING COVERAGE' .. TDI nunibcr required. The TDI number can be obtained from theTexas Dept of insurance Websltc. Company Lookup. Note: Exception to ihis rule in certain instances where there is IMUSM11 risks involved,Surplus Lines Insurance Carriers can be used. Mow tire the guidelincs: a. Insurance Company does not have to be"licensed in Texas",but they(it),have to be"eligible for a Texas ficeose." Please verify with the Texas Dcpt of Insurance Company Lookup b. Policy has to he written by licensed surplus fines Aj,,ent. Also verify with the"l-exas Dq)t oaf Ina' wcbsiteIm US/ gam, — - .......I.............. - Agcm LookLip 4. rYPES OF INSURANCE COVERAGE — CONSTRUCTION CONTRAcr: Please double check the General Conditions and the Supplemental General Conditions f*(,)r the types and amounts Of' insurance rccluired, The Supplemental General Conditions Usually state the lbllowln": a. Business Ati(omobile Liability Insurance 1). Workers' Compensation and Employers' Liability Insurance C. Commercial General Liability Insurance d. Builders' Risk Insurance - (Generally required tear all "vertical" construction. Check with Project Manager tbr requirements.) FOR ALL O'J'11ER CONTRACTS, PLEAS ' REFER TO T111" 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 curmit. 6. City of Round Rock must be listed on the Certificate o,f Insurance as an additional insured (except Workers Compensation an(] Builders Risk). 7, Certificate Must indicate that the insurance Company must give the City of Found Rock notice of any changes, cancellation , etc. at least thirty (30) days prior to date of ch,angc. 8. Make sure Certificate is signed by an Agent Licensed in the State of Texas, this can also be found on the 'Texas Department of Insurance website—kvw"Jdi.stij�s—A=c tit T. ooku �. Bond No,ES00012021 Executed in Triplicate PERFORMANCE BOND THE STME 01"I'EXAS § § KNOW ALL BY 11-111� SE PRESI.:INTS: C,OUNTY Of-' WIL.LIAMSON § ruction& Rehab, LLC That PM Cons[ of the City of Pasadena County of Harris and State of TX as Principal, and Everest Reir)SUranceCo p,,Ln, -M y__authorized under the law of tile State orTexas to act as surety on bonds for principals, are held and firmly bound unto the CITY OF ROUND 11OCK, TEXAS (Owner), in the penal sung of Nine Hundred Sixty Seven 'rhOUsand and 00/100 Dollars ($967,000.00 _) for the payment whereof, well and truly to be made the said Principal and Surety bind themselves, and their heirs, administrators, executors, successors and assigns, jointly and severally, by these presents: WHERU',AS, the Principal has entered into a certain written Agreement with the Owner dated the ZZLd day of Se 4fWAr2-0 22 to which tile 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'. Chandler Creek 36-inch Wastewater Line Replacement NOW, THEREFORE, THE CONDITIONS OF THIS OBLIGATION IS SUCH, that if tile 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 perfortried, including but not limited to, tile repair of airy and all defects in said work occasioned by and resulting from defects in materials furnished by or workmanship of,tile Principal in performing the Work covered by said Agreement and occurring within a period of twelve (12) months frown the date of l'inal Completion and all other covenants and conditions, according to the true intent and meaning of said Agreement and the Plans and Specifications hereto annexed,then,this obligation shall be void; otherwise to remain in full force and effect; PROVIDED, 110WEVER, 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 2.253 to tile same extent as if it were copied at length herein. Page I 000 10 4-2020 Performance Bond 00443639 Bond No.ES00012021 Executed in Triplicate PERFORMANCE BOND (continued) Surety, for value received, stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Agreement, or to the Work performed thereunder, or the Plans, Specifications, or drawings accompanying the same, shall in anywise affect its obligation on this bond, and it does hereby waive notice ofany such change, extension oftime, alteration or addition to the terms of the Agreement, or to the work to be performed thereunder. If Principal flails to flaithfully perform said Agreement, Surety, after receipt ot'written notice of Principal's default, shall perform all of Principal's duties and obligations under the Agreement. 1(, within ten (10) days after receipt of such notice from Owiier, Surety does not con-unence 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 LIP to the frill '—— sumof this Performance Bond, platsg all costs and expenses, including. attorney's fees and expert and Consultant fees incurred by Owner to enforce its rights under this Performance Bond. IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this day 2022 . PM Construction & Rehab, LLC Everest Reinsurance CompanyL Principal Surety Jessica L Piccirillo ................... Printed dame Printed Name By: By: jz= Title: 'hale: Attor.oy�- -Fact _In Address: 131 N. RIch Address: 100 I'verestY I cy- 3C,110/v Pasadena, TX 77506 q� ...... C - N -Resident Agent of Su SEAL Nin-Resident rety: 1997 Signtur� t/flc��hbnlv:l Printed Name 40 Stanford Drive, 2nd Floor Street Address Farmington CT 06032 City, State& Zip Code Page 2 00610 4-2020 Performance Bond 00443639 _{:f_ 3 �, ,�-1 .. - ••i ? .. ...- . �., -ill: .-.. .. I. - .it �, .. ... ... t�.�?.•-_ Jt6l 1. .i. ...i ..:..a -;:-.. :: ,...:.1 _ .�,,::e �-:{ :. `,, -�,•; -..,`:: �' t. .3 it. r..'F+- s.. ,11 ..ii.!,.. - .jl ..:'•y'. ''ffr.>... :'-'. iadl'.�. "J�r.: •-'.`�} •:;S : i-: .�_ .r ... t`i ,i. _. t• ' .1 .ry- ... .. a•� .. ': 'i•_. ...if jy- , _ 't... .. .ii:. r. ..;:._ _ .. `i't'.�j.i; . ., t.. }': _, -i. 4 . . {r 1,.. t.'. "j .Y - - t I - :i,)s: _ _.-.. -.. i'. .. ..it"l . .t'I' r •� - 2 j /'�•!.'1. - t _ .Yett X717 'J " ^ Neer •'r3 d �,•••�f,G'�� • tam • ti r ' r��.fp«9a A'p�►A�t4p4� '.t Bond No,ES00012021 Executed in Triplicate PAYMENT BOND TH]", S'TATE OFTI:..XAS § § KNOW ALI., MEN BY THESE PRESENTS: COUNTY OF WIT. LIAMSON § That I'M COHIStRIC0011 & Rehab. LLC ofthe City of Pasadena County of Harris ------- and State of TX as Principal, and Everest Reinsurance C, rop ----—----- authorized under the la\vs 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 Nine Hundred Sixfy..Seven T1101.1sand and 0/100 Dollars ($ 967,000,00 dor the payment whereolwell 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: WI IF.REAS, the Principal has entered into a certain written Agreement with the Owner, dated the day of` , 22 to which Agreement is hereby referred to and made a part hereof as fully and extent as if copied at length herein consisting of: Chandler Creek 36-inch Wastewater Line Replacement NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall well and truly pay all subcontractors, workers, laborers, mechanics, and Suppliers, all monies to them owing by said Principals for subcontracts, work, labor, equipment, Supplies and materials done and furnished for the construction of the improvements of said Agreement, then this obligation shall be and become null and void; otherwise to remain in full force and effect. PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions Or Chapter 2253, Texas Government Code, as amended, and all liabilities on this bond shall be determined in accordance with the provisions of said Chapter 2253 to the same extent as if it were copied at length herein. Page 1 117 620 O4-2020 Payment Bond �m37699 Bond No.ES00012021 Executed in Triplicate PAYMENT BOND (continued) Surety, for value received, stipulates and agrees that no change, extension of time, alteration or addition to the terms of' the Agreement, or to the Work performed thereunder, or the plans, specifications or drawings accompanying the same shall in anywise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time,alteration or addition to the terms ofthe contract, or to the work to be performed thereunder. IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this Instrument this—j") day of b t 0 2. PM Construction& Rehab, LIA", Everest Reinsurance Company Principal I Surety jllpwa—GUI-Inq — Jessica L. Piccirillo Printed Name Printed Narne By: By: Title: Title: Attot-4-y-in-Fact Address: 131 N. Pr chey Address: 100 Everest Way Pasadena, TX 77506 Warren,NJ 07059 N - Resident Agent of Surety: on 0 o" jqq7g�.. Sin4ture g toric P. flarkerson ...... Printed Narne 40 Stanford Drive, 2nd Ft., ...... Street Address j7a ,gmLngton CT 06032 City, State & Zip Code Page 2 00620 1-2020 Payment Bond 00(0)656 t , r+ � d 94@ Alin •S.J}� �� •�V ViAA d d, Ers�nl�4�944444s�b44n . Z"VE R POWER OF ATTORNEY EVEREST REINSURANCE COMPANY DELAWARE KNOW ALL PERSONS BY THESE PRESENTS: That Everest Reinsurance Company, a corporation of the State of Delaware ('Company') having its principal office located at 477 Martinsville Road, Liberty Corner, New Jersey 07938, do hereby nominate, constitute,and appoint Russell M. Canterbury,Jessica L Piccirillo,Steven E.S'usanin, Woodrow M. Baird, Diane Moraski, Victoria P.Parkerson,Adam Martin,Kathleen M.Flanagan, Richard A.Leveriani its true and lawful Attorney(s)-in-fact to make,execute,attest, seal and deliver for and on its behalf,as surety, and as its act and deed, where required,any and all bonds,and undertakings in the nature thereof,for the penal sum of no one of which is in any event to exceed UNLIMITED,reserving for itself the full power of substitution and revocation. Such bonds and undertakings,when duly executed by the aforesaid Attorneys)-in-fact shat)be binding upon the Company as fl and to the same extent as if such bonds and undertakings were signed by the President and Secretary of the Company and sealed with its corporate seal This Power of Attorney is granted and rs signed by facsimile under and by the authority of the following Resolutions adopted by the Board of Directors of Company("Board")on the 28th day of July 2016: RESOLVED, that the President, any Executive Vice President, and any Senior Vice President and Anthony Romano are hereby appointed by the Board as authorized to make, execute, seal and deliver for and on behalf of the Company, any and all bonds, undertakings,contracts or obligations in surety or col with others and that the Secretary or any Assistant Secretary of the Company be and that each of them hereby is authorized to attest to the execution of any such bonds, undertakings, contracts or obligations in surety or co-surety and attach thereto the corporate seal of the Company, RESOLVED, FURTHER, that the President, any Executive Vice President, and any Senior Vice President and Anthony Romano are hereby authorized to execute powers of attorney qualifying the attorney named in the given power of attorney to execute,on behalf Of the Company, bonds and undertakings in surety or col with others, and that the Secretary or any Assistant Secretary of the Company be, and that each of them is hereby authorized to attest the execution Of any SUC17 Power of attorney, and to attach thereto the corporate seat of the Company. RESOLVED,FURTHER, that the signature of such officers named in the preceding resolutions and the corporate seal of the Company may be affixed to such powers of attorney or to any certificate relating thereto by facsimile, and any such power of attorney or certificate beanng such facsimile signatures or facsimile seal shall be thereafter valid and buiding upon the Company with respect to any bond,,undertaking,contract or obligation in surety or col with others to which it is attached. IN WITNESS WHEREOF, Everest Reinsurance Company has caused their corporate seals to be affixed hereto,and these presents to be signed by their duly authorized officers this 28th day of July 2016, ,,Aal Wra Everest Reinsurance Company )OrR4p 0 4, Gi SEAL" % ,b j C Attest: Nicole Chase,Assistant Secretary By:Anthony Romano,Vice President On this 28th day of July 2016,before me personally came Anthony Romano,known to me,who,being duly sworn,did execute the above instrument that he knows the seal of said Company„that the seal affixed to the aforesaid instrument is such corporate seal and was affixed thereto;and that he executed said instrument by like order. LINDA ROBINS Notary Public,State of Now York No OIR06239736 Qualified in Queens County Term Expires April 25,2023 Linda Robins,Notary Public IN WITNESS WHIERI:-OF,t have hereunto set my hand and affixed the seal of said Company, at the Liberty Corner,this day of w111111Y,)il i 4f";ll 2022 ES 00 01 04 16 DATE(MMIDDIYYYY) .4IIle�1eoR0® CERTIFICATE OF LIABILITY INSURANCE 08131/2022 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(les)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WANED,subject to the terms and conditions of the policy, certain policies may require an endorsement A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Brett Sauer NAME: PHONE 502-707-1931 FAX 602.707-1932 Alliant Insurance Services Houston,LLC A1C Ne Fitt): Arc No): 6444 Westheimer,Suite 900 ADDDRREESS: BmtLSauar@altianteom Houston,TX 77056 INSURER(S) AFFORDING COVERAGE NAIC# INSURER A: Greenwich Insurance Company 22322 INSURED INSURER B: Varials PM Construction&Rehab, LLC INSURER C: XL Specialty Insurance Company 375a5 131 N.Richey INSURER D: Pasadena,TX 77506 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL UB POLICY EFF POLICY EXP LTR TYPE OF INSURANCE tNSR I WVD POLICY NUMBER MMIDDIYYYY) IMMIDDAIrm I LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS-MADE -1 OCCUR DAMAGE TO RENTED PREMISES Ee occurrence f 300.000 MED EXP(Any one person) S 10,000 A CGO740922009 0410112022 04!0112023 PERSONAL 8 ADV INJURY $ 1,000,000 GEN'L AGGREGATE 1 LIMIT APIPLIES'PER: GENERAL AGGREGATE f 2,000,000 POLICY U PRO- U LOC PRODUCTS-COMPIOP AGG f 2,000,000 OTHER: JECT $ COMBINED S NGLE LIMIT AUTOMOBILE LIABILITY Ea accident f 2,000,000 X ANY AUTO BODILY INJURY(Per person) $ A OWNED SCHEDULED CAD740222109 04!0112022 0410112023 BODILY INJURY(Per accident) ; AUTOS ONLY AUTOS HIRED AUTOS NON-OWNED PROP GE ONLY AUTOS Per accident f f UMBRELLA UAB X OCCUR EACH OCCURRENCE ; 10,000,000 B X EXCESS LIAB CLAIMS-MADE Various 04/0112022 0410112023 AGGREGATE f 10,000,000 DED I I RETENTION$ f ER OTH AND EMPLOYERS'LIABILITY YIN X TER ER ANY PROPRIETORIPARTNERIEXECUTiVE[ENJ E.L.EACH ACCIDENT C OFFICERIMEMBER EXCLUDED? NIA CW0740921909 04/0112022 OM0112023 f 1,000,000 (Mandatory to NH) E.L.DISEASE-EA EMPLOYEE ; 1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT ; 1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space Is required)This cancel and replaces certificate Issued 7121/2022 The Policies below we excess of the Genal Uabli Aute Uaba end is Lfa6![ . Carrier Nana Pop Number Lanit NAIL a AM surplus Inau me Company P-0Ot-060524633602 1 S3 100kM I28820 afar,Indentrifty S Company 1060888822221 $7 00 xs$3,000.0 2a31a Di Numbers:Greenwich(37885),XL Specialty(5241),AXIS Surplus(80101170),Starr Indemnity(93542). e:HGAC#TP07-18:Chandler Creek Sewer Rehabilitation.City of Round Rock.The General Liability and Commercial Auto policies Include blanket Additional insured endorsements at provide Additional Insured status to certain persons and organizations when required by written contract and subject to the terns and conditions of the endorsements.The eneral Liability,Auto Liability,and Workers Compensation policies include an endorsement providing that 30 days'notice of cancellation will be fumished to the certificate holder, Di 10 days if canceled for non-payment CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Round Rock THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City Manager 221 E.Main Street AUTHORIZED REPRESENTATIVE Round Rock,TX 78664 uo_ - 01988-2015 ACCAD 660—&-Aln0d. All rights reserved. ACORD 25(2016103) The ACORD name and logo are registered marks of ACORD POLICY NUMBER: CGD740922009 COMMERCIAL GENERAL LIABILITY CG 20 10 12 19 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Locations Of Covered Operations ANY PERSON OR ORGANIZATION FOR WHOM YOU VARIOUS AS REQUIRED PER WRITTEN ARE PERFORMING OPERATIONS WHEN YOU AND CONTRACT. SUCH PERSON OR ORGANIZATION HAVE AGREED IN WRITING IN A CONTRACT OR AGREEMENT THAT SUCH PERSON OR ORGANIZATION BE ADDED AS AN ADDITIONAL INSURED ON YOUR POLICY, PROVIDED THE"BODILY INJURY" OR"PROPERTY DAMAGE" OCCURS SUBSEQUENT TO THE EXECUTION OF THE WRITTEN CONTRACT OR WRITTEN AGREEMENT. Information required to complete this Schedule, if not shown above,will be shown in the Declarations. A. Section II — Who Is An Insured is amended to B. With respect to the insurance afforded to these include as an additional insured the person(s) or additional insureds, the following additional organization(s) shown in the Schedule, but only exclusions apply: with respect to liability for"bodily injury", "property This insurance does not apply to "bodily injury" or damage "personal personal and advertising injury "property damage"occurring after: caused, in whole or in part, by: 1. All work, including materials, parts or 1. Your acts or omissions; or equipment furnished in connection with such 2. The acts or omissions of those acting on your work, on the project (other than service, behalf, maintenance or repairs) to be performed by or in the performance of your ongoing operations for on behalf of the additional insured(s) at the the additional insured(s) at the location(s) location of the covered operations has been designated above. completed; or However: 2. That portion of "your work" out of which the 1. The insurance afforded to such additional injury or damage arises has been put to its intended use by any person or organization insured only applies to the extent permitted by other than another contractor or subcontractor law; and engaged in performing operations for a 2. If coverage provided to the additional insured is principal as a part of the same project. required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. CG 20 10 12 19 ®Insurance Services Office, Inc., 2018 Page 1 of 2 C. With respect to the insurance afforded to these 2. Available under the applicable limits of additional insureds, the following is added to insurance; Section III—Limits Of Insurance: whichever is less. If coverage provided to the additional insured is This endorsement shall not increase the required by a contract or agreement, the most we applicable limits of insurance. will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or Page 2 of 2 ©Insurance Services Office, Inc., 2018 CG 20 10 12 19 POLICY NUMBER: CGD740922009 COMMERCIAL GENERAL LIABILITY CG 20 37 12 19 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Location And Description Of Completed Operations ANY PERSON OR ORGANIZATION FOR WHOM VARIOUS AS REQUIRED PER WRITTEN YOU ARE PERFORMING OPERATIONS WHEN YOU CONTRACT. AND SUCH PERSON OR ORGANIZATION HAVE AGREED IN WRITING IN A CONTRACT OR AGREEMENT THAT SUCH PERSON OR ORGANIZATION BE ADDED AS AN ADDITIONAL INSURED ON YOUR POLICY, PROVIDED THE "BODILY INJURY" OR"PROPERTY DAMAGE" OCCURS SUBSEQUENT TO THE EXECUTION OF THE WRITTEN CONTRACT OR WRITTEN AGREEMENT. Information required to complete this Schedule, if not shown above,will be shown in the Declarations. A. Section II — Who Is An Insured is amended to B. With respect to the insurance afforded to these include as an additional insured the person(s) or additional insureds, the following is added to organization(s) shown in the Schedule, but only Section III—Limits Of Insurance: with respect to liability for "bodily injury" or If coverage provided to the additional insured is "property damage" caused, in whole or in part, by required by a contract or agreement, the most we "your work" at the location designated and described in the Schedule of this endorsement will pay on behalf of the additional insured is the performed for that additional insured and included amount of insurance: in the"products-completed operations hazard". 1. Required by the contract or agreement; or However: 2. Available under the applicable limits of 1. The insurance afforded to such additional insurance; insured only applies to the extent permitted by whichever is less. law; and This endorsement shall not increase the 2. If coverage provided to the additional insured is applicable limits of insurance. required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. CG 20 37 12 19 0 Insurance Services Office, Inc., 2018 Page 1 of 1 POLICY NUMBER: CAD740922109 COMMERCIAL AUTO CA 20 01 11 20 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. LESSOR - ADDITIONAL INSURED AND LOSS PAYEE This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement,the provisions of the Coverage Form apply unless modified by the endorsement. This endorsement changes the Policy effective on the inception date of the Policy unless another date is indicated below. Named Insured: IPR ACQUISITIONCO, INC. Endorsement Effective Date: April 1, 2022 SCHEDULE Insurance Company: Greenwich Insurance Company Policy Number: CAD740922109 Effective Date: April 1,2022 Expiration Date: April 1, 2023 Named Insured: IPR ACQUISITIONCO, INC. Address: 1510 Klondike Road, Suite 400 Conyers, GA 30094 Additional Insured(Lessor): All Lessors Address: Designation Or Description Of"Leased Autos": All Leased Autos CA 20 01 1120 @ Insurance Services Office, Inc., 2019 Page 1 of 2 Coverages Limit Of Insurance Or Deductible Covered Autos Liability $ 2,000,000 Each "Accident" Comprehensive $7,500—PPT, Light, Medium Deductible For Each Covered"Leased Auto" $10,000—Heavy, X-Heavy Collision $7,500—PPT, Light, Medium Deductible For Each Covered "Leased Auto" $10,000—Heavy, X-Heavy Specked $ Deductible For Each Covered "Leased Auto" Causes Of Loss Information required to complete this Schedule, if not shown above,will be shown in the Declarations. A. Coverage 2. The insurance covers the interest of the lessor 1. Any "leased auto" designated or described in unless the"loss" results from fraudulent acts or the Schedule will be considered a covered omissions on your part. "auto" you own and not a covered "auto" you 3. If we make any payment to the lessor, we will hire or borrow. obtain his or her rights against any other party. 2. For a "leased auto" designated or described in C. Cancellation the Schedule,the Who Is An Insured provision 1. If we cancel the Policy,we will mail notice to the under Covered Autos Liability Coverage is lessor in accordance with the Cancellation changed to include as an "insured" the lessor Common Policy Condition. named in the Schedule. However, the lessor is an "insured" only for"bodily injury" or"property 2. If you cancel the Policy,we will mail notice to the damage" resulting from the acts or omissions lessor. by: 3. Cancellation ends this agreement. a. You; D. The lessor is not liable for payment of your b. Any of your"employees"or agents; or premiums. c. Any person, except the lessor or any E. Additional Definition "employee"or agent of the lessor, operating As used in this endorsement: a"leased auto"with the permission of any of "Leased auto" means an"auto"leased or rented to the above. you, including any substitute, replacement or extra 3. The coverages provided under this "auto" needed to meet seasonal or other needs, endorsement apply to any "leased auto" under a leasing or rental agreement that requires described in the Schedule until the expiration you to provide direct primary insurance for the date shown in the Schedule, or when the lessor lessor. or his or her agent takes possession of the "leased auto", whichever occurs first. B. Loss Payable Clause 1. We will pay,as interest may appear,you and the lessor named in this endorsement for"loss"to a "leased auto". Page 2 of 2 0 Insurance Services Office, Inc., 2019 CA 20 011120 POLICY NUMBER: CAD740922109 XIC 411 1013 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AUTOMATIC ADDITIONAL INSURED This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM AUTO DEALERS COVERAGE FORM A. COVERED AUTOS LIABILITY COVERAGE, Who Is An Insured, is amended to include as an "insured" any person or organization you are required in a written contract to name as an additional insured, but only for"bodily injury" or"property damage" otherwise covered under this policy caused, in whole or in part, by the negligent acts or omissions of. 1. You, while using a covered"auto"; or 2. Any other person, except the additional insured or any employee or agent of the additional insured, operating a covered "auto"with your permission; Provided that: a. The written contract is in effect during the policy period of this policy; b. The written contract was signed by you and executed prior to the"accident" causing "bodily injury" or"property damage"for which liability coverage is sought; and C. Such person or organization is an "insured" solely to the extent required by the contract, but in no event if such person or organization is solely negligent. B. The Limits of Insurance provided for the Additional Insured shall not be greater than those required by contract and, in no event shall the Limits of Insurance set forth in this policy be increased by the contract. C. General Conditions,Other Insurance is amended as follows: Any coverage provided hereunder shall be excess over any other valid and collectible insurance available to the additional insured whether such insurance is primary, excess, contingent or on any other basis unless the contract specifically requires that this policy be primary. All terms, conditions, exclusions and limitations of this policy shall apply to the liability coverage provided to any additional insured, and in no event shall such coverage be enlarged or expanded by reason of the contract. All other terms and conditions of this policy remain unchanged. XIC 411 1013 ©2013 X.L.America, Inc. All Rights Reserved. Page 1 of 1 May not be copied without permission. Includes copyrighted material of Insurance Services Office, Inc.,with its permission. ENDORSEMENT# This endorsement, effective 12:01 a.m.,April 1,2022,forms a part of Policy No. CGD740922009 issued to IPR ACQUISITIONCO, INC. by Greenwich Insurance Company THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CANCELLATION NOTIFICATION TO OTHERS ENDORSEMENT In the event coverage is cancelled for any statutorily permitted reason,other than nonpayment of premium, advanced written notice will be mailed or delivered to person(s)or entity(ies)according to the notification schedule shown below: Number of Days Name of Person(s)or Entity(ies) Mailing Address: Advanced Notice of Cancellation: AS PER SCHEDULE ON FILE WITH 30 COMPANY All other terms and conditions of the Policy remain unchanged. IXI 405 0910 ©2010 X.L. America, Inc. All Rights Reserved. May not be copied without permission. POLICY NUMBER: CAD740922109 IXI 405 0910 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CANCELLATION NOTIFICATION TO OTHERS ENDORSEMENT In the event coverage is cancelled for any statutorily permitted reason, other than nonpayment of premium, advanced written notice will be mailed or delivered to person(s)or entity(ies)according to the notification schedule shown below. Number of Days Name of Person(s)or Entity(ies) Mailing Address: Advanced Notice of Cancellation: AS PER SCHEDULE ON FILE WITH AS PER SCHEDULE ON FILE WITH 30 COMPANY. COMPANY. All other terms and conditions of the Policy remain unchanged. IXI 405 0910 ©2010 X.L.America, Inc. All Rights Reserved. May not be copied without permission. WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 99 06 67 (Ed. 12110) This endorsement, effective 12:01 a.m., April 1, 2022, forms a part of Policy No. CWD740921909 issued to IPR ACQUISITIONCO, INC. by XL Specialty Insurance Company THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CANCELLATION NOTIFICATION TO OTHERS ENDORSEMENT This endorsement modifies insurance provided under the following: WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY INSURANCE POLICY In the event coverage is cancelled for any statutorily permitted reason, other than nonpayment of premium, advanced written notice will be mailed or delivered to person(s)or entity(ies)according to the notification schedule shown below: Number of Days Name of Person(s)or Entity(ies) Mailing Address: Advanced Notice of Cancellation: AS PER SCHEDULE ON FILE WITH AS PER SCHEDULE ON FILE WITH COMPANY. COMPANY. 30 All other terms and conditions of the Policy remain unchanged. This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below Is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective April 1, 2022 Policy No. CWD740921909 Endorsement No. Insured IPR ACQUISITIONCO, INC. Premium$ Included Insurance Company Countersigned by XL Specialty Insurance Company WC 99 06 57 Ed. 12/10 OO 2010 X.L. America, Inc. All Rights Reserved. May not be copied without permission. 00700 GENERAL CONDITIONS City of Round Rock Contract Forms General Conditions Section 00700 TABLE OF CONTENTS OF GENERAL CONDITIONS Article Page Number& Title Number 1. DEFINITIONS.................................................................................................................................................2 2. PRELIMINARY MATTERS.............................................................................................................................5 3. CONTRACT DOCUMENTS: INTENT,AMENDING, REUSE........................................................................7 4. AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; REFERENCE POINTS..........................................................................................................8 5. BONDS AND INSURANCE............................................................................................................................10 6. CONTRACTOR'S RESPONSIBILITIES.........................................................................................................16 7. OTHER WORK..............................................................................................................................................24 8. OWNER'S RESPONSIBILITIES....................................................................................................................25 9. ENGINEER/ARCHITECT'S STATUS DURING CONSTRUCTION...............................................................26 10. CHANGES IN THE WORK............................................................................................................................27 11. CHANGE OF CONTRACT AMOUNT............................................................................................................28 12. CHANGE OF CONTRACT TIMES.................................................................................................................31 13. TESTS AND INSPECTIONS;AND CORRECTION OR REMOVAL OF DEFECTIVE WORK........................................................................................................32 14. PAYMENTS TO CONTRACTOR AND COMPLETION.................................................................................35 15, SUSPENSION OF WORK AND TERMINATION...........................................................................................39 16. DISPUTE RESOLUTION.............................................. ................................................................................41 17 RIGHT TO AUDIT..........................................................................................................................................42 18. MISCELLANEOUS.........................................................................................................................................43 00700 04-2020 Page 1 General Conditions 00443641 GENERAL CONDITIONS ARTICLE 1 -DEFINITIONS Whenever used in these General Conditions or in the other Contract Documents,the term printed with initial capital letters or all capital letters, including the term's singular and plural forms, will have the meaning indicated in the definitions below or as defined in these General Conditions or other Contract Documents: 1.1 Addenda -Written or graphic instruments issued prior to the receipt of Proposals or the opening of Bids that clarify, correct or change the proposal or bidding requirements or the Contract Documents. 1.2 Agreement-Prescribed form, referenced as Section 00500. 1.3 Alternative Dispute Resolution-The process by which a disputed Claim may be settled if the OWNER and the CONTRACTOR cannot reach an agreement between themselves, as an alternative to litigation. 1.4 Bid - Proposal of bidder on prescribed forms setting forth prices for performing the Work described in the Contract Documents. 1.5 Bid Documents-The advertisement or invitation for bids, instructions to bidders,the bid form,the Contract Documents and Addenda. 1.6 Calendar Day-Any day of the week; no days being excepted. Work on Saturdays, Sundays,and/or Legal Holidays shall only be conducted with prior express written consent of the OWNER. 1.7 Change Directive-A written directive to the CONTRACTOR, signed by the OWNER,ordering a change in the Work and stating a proposed basis for adjustment, if any, in the Contract Amount or Contract Time, or both. A Change Directive may be used in the absence of total agreement on the terms of a Change Order. A Change Directive does not change the Contract Amount or Contract Time, but is evidence that the parties expect that the change directed or documented by a Change Directive will be incorporated in a subsequently issued Change Order. 1.8 Change Orders - Written agreements entered into between the CONTRACTOR and the OWNER authorizing an addition,deletion,or revision to the Contract, issued on or after the Execution Date of the Agreement and within the Contract term. 1.9 Claim - A written demand seeking, as a matter of right, adjustment or interpretation of Contract terms, payment of money, extension of time or other relief with respect to the terms of the Contract. 1.10 Contract - The Contract represents the entire and integrated agreement between the OWNER and the CONTRACTOR for performance of the Work, as evidenced by the Contract Documents. 1.11 Contract Amount-The amount payable by the OWNER to the CONTRACTOR for completion of the Work in accordance with the Contract Documents. 1.12 Contract Documents — Includes the Invitation to Bid, Instructions to Bidders, Agreement, General Conditions, Supplemental General Conditions, Special Conditions, Specifications, Project Manual, Drawings, Addenda and Change Orders. 1.13 Contract Time-The number of days allowed for completion of the Work as defined by the Contract. When any period is referred to in days, it will be computed to exclude the first and include the last day of such period. A day of twenty-four(24) hours measured from midnight to the next midnight will constitute a day. 1.14 CONTRACTOR - The individual, firm, corporation, or other business entity with whom the OWNER has entered into the Contract. 00700 04-2020 Page 2 General Conditions 1.15 Drawings - Those portions of the Contract Documents which are graphic representations of the scope, extent and character of the Work to be furnished and performed by the CONTRACTOR and which have been approved by the OWNER. Drawings may include plans, elevations, sections, details, schedules and diagrams. Shop Drawings are not Drawings as so defined. 1.16 Engineer/Architect (E/A) - The OWNER's design professional identified as such in the Agreement. The titles of"Architect/Engineer,""Architect"and"Engineer"used in the Contract Documents shall be read the same as Engineer/Architect (E/A). Nothing contained in the Contract Documents shall create any contractual or agency relationship between E/A and the CONTRACTOR. 1.17 Equal-The terms"equal"or"approved equal"shall have the same meaning. 1.18 Execution Date-Date of last signature of the parties to the Agreement. 1.19 Field Order-A written order issued by Owner's Representative which orders minor changes in the Work and which does not involve a change in the Contract Amount or the Contract Time. 1.20 Final Acceptance—The stage in the Contract process when, in the OWNER's opinion, Final Completion of the Work has been attained and a Certificate of Acceptance approved by the OWNER is issued. 1.21 Final Completion-The stage in the progress of the Work when, in the OWNER's opinion, the entire Work has been completed, the CONTRACTOR's obligations under the Contract Documents have been fulfilled, and the OWNER is processing or has made final payment to the CONTRACTOR, as evidenced by a Certificate of Acceptance approved by the OWNER. 1.22 Inspector-The authorized representative of any regulatory agency that has jurisdiction over any portion of the Work. 1.23 Legal Holidays 1.23.1 The following are recognized by the OWNER: Holiday Date Observed New Year's Day January 1 Martin Luther King, Jr.'s Birthday Third Monday in January President's Day Third Monday in February Memorial Day Last Monday in May Independence Day July 4 Labor Day First Monday in September Veteran's Day November 11 Thanksgiving Day Fourth Thursday in November Friday after Thanksgiving Friday after Thanksgiving Christmas Eve December 24 Christmas Day December 25 00700 04-2020 Page 3 General Conditions 1.23.2 If a Legal Holiday falls on Saturday, it will be observed on the preceding Friday. If a Legal Holiday falls on Sunday, it will be observed on the following Monday. 1.23.3 If Christmas Eve falls on a Saturday or a Sunday, the preceding Friday is observed as the Christmas Eve holiday. 1.23.4 If Christmas Day falls on a Saturday ora 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 Proiect-The total construction of which the Work to be provided under the Contract Documents may be the whole, or a part, as indicated elsewhere in the Contract Documents. 1.30 Project Manual -That portion of the Contract Documents which may include the following: introductory information; bidding requirements, Contract forms and General and Supplemental General Conditions; General Requirements; Specifications; Drawings; Project Safety Manual; and Addenda. 1.31 Proposal—Proposal of Offeror, on prescribed forms setting forth prices for performing the Work described in the Contract Documents. 1.32 Proposal Documents—The advertisement or invitation for Proposals, Instruction to Offerors, the Proposal form,the Contract Documents and Addenda. 1.33 Resident Project Representative -The authorized representative of E/A who may be assigned to the site or any part thereof. 1.34 Shop Drawings -All drawings, diagrams, illustrations, schedules and other data or information which are specifically prepared or assembled by or for the CONTRACTOR and submitted by the CONTRACTOR as required by the Contract Documents. 1.35 Specifications -Those portions of the Contract Documents consisting of written technical descriptions as applied to the Work, which set forth to the CONTRACTOR, in detail, the requirements which must be met by all materials, equipment, construction systems, standards,workmanship, equipment and services in order to render a completed and useful project. 1.36 Substantial Completion - The stage in the progress of the Work when the Work, or designated portions thereof, may still require minor modifications or adjustments but, in the OWNER's opinion,the Work has progressed to the point such that all parts of the Work under consideration are fully operational and the beneficial use and occupancy of which can be assumed by the Owner, as evidenced by a Certificate of Substantial Completion approved by the OWNER. 00700 04-2020 Page 4 General Conditions 1.37 Subcontractor-An individual, firm, or corporation having a direct contract with the CONTRACTOR for the performance of a part of the Work. 1.38 Sub-subcontractor-A person or entity who has a direct or indirect contract with a Subcontractor or a Sub- subcontractor of any tier to perform a portion of the Work. 1.39 Superintendent - The representative of the CONTRACTOR authorized in writing to receive and fulfill instructions from Owner's Representative, and who shall supervise and direct construction of the Work. 1.40 Supplemental General Conditions-The part of the Contract Documents which either amends or supplements the General Conditions. All General Conditions which are not so amended or so supplemented shall be considered as remaining in full force and effect. 1.41 Supplier-An individual or entity having a direct contract with the CONTRACTOR or with any Subcontractor or Sub-subcontractor to furnish materials or equipment to be incorporated in the Work by the CONTRACTOR or any Subcontractor. 1.42 Time Extension Request-An approved request for time extension on a form acceptable to the OWNER. 1.43 Work-The entire completed construction, or the various separately identifiable parts thereof, required to be furnished under the Contract Documents. 1.44 Working Day - Any day of the week, not including Saturdays, Sundays, or Legal Holidays, in which conditions not under the CONTRACTOR's control will permit work for at least seven(7)hours of the Working Times. Upon authorization by the Owner's Representative, work on Saturdays, Sundays and/or Legal Holidays may be allowed and, in that event, a Working Day will be counted for each such day. 1.45 Working Times—Times of day(s) during which work may be performed. Unless authorized by Owner's Representative, all Work shall be performed between 7:00 a.m. and 6:00 p.m. on weekdays and, if previously authorized as provided for in paragraph 1.44 or paragraph 1.6 herein, as applicable, between 9:00 a.m. and 6:00 p.m. on Saturdays, Sundays or Legal Holidays. When the CONTRACTOR has been authorized to perform Work during hours outside Working Times, such hours shall be considered time worked on Working Day contracts. Notwithstanding the preceding, emergency work may be done without prior permission only as provided in paragraph 6.11.5 herein. 1.46 Written Notice-Written communication between the OWNER and the CONTRACTOR. Written Notice shall be deemed to have been duly served if delivered in person to Owner's Representative or to the CONTRACTOR's duly authorized representative, or if such Written Notice is delivered to or sent by registered or certified mail to the attention of Owner's Representative or to the CONTRACTOR's duly authorized representative at the last business address known to the party giving notice. ARTICLE 2-PRELIMINARY MATTERS 2.1 Delivery of Agreement, Bonds, Insurance, and Other Documentation: Within ten(10)Calendar Days after written notification of award of Contract,the CONTRACTOR shall deliver to the OWNER signed Agreement, Bond(s), Insurance Certificate(s) and other documentation required for execution of the Contract. 2.2 Copies of Documents: The OWNER shall furnish to the CONTRACTOR two (2) copies of the Contract Documents unless otherwise specified. 00700 04-2020 Page 5 General Conditions 2.3 Commencement of Contract Times; Notice to Proceed: The Contract Time(s) commence on the date indicated in the Agreement or in the Notice to Proceed. Notice to Proceed will be given at any time within sixty(60)Calendar Days after the Execution Date of the Agreement, unless extended by written agreement of the parties. 2.4 Before Starting Construction: 2.4.1 No Work shall be done at the site prior to the preconstruction conference without the OWNER's approval. Before undertaking each part of the Work, the CONTRACTOR shall carefully study and compare the Contract Documents and check and verify pertinent figures shown thereon and all applicable field measurements. The CONTRACTOR shall promptly report in writing to Owner's Representative any conflict, error, ambiguity or discrepancy which the CONTRACTOR may discover and shall obtain a written interpretation or clarification from Owner's Representative before proceeding with any Work affected thereby. The CONTRACTOR shall be liable to the OWNER for failure to report any conflict, error, ambiguity or discrepancy in the Contract Documents of which the CONTRACTOR knew or reasonably should have known. 2.4.2 The CONTRACTOR shall submit the following to Owner's Representative for review and approval no later than the preconstruction conference: .1 a preliminary progress schedule indicating the times (number of days or dates) for starting and completing the various stages of the Work, including any Milestones specified in the Contract Documents, identifying when all Subcontractors will be utilized, and taking into consideration any limitations on Working Hours; .2 a preliminary schedule of Shop Drawing and sample submittals; .3 a preliminary schedule of values for all of the Work, subdivided into component parts in sufficient detail to serve as the basis for progress payments during construction.Such prices will include an appropriate amount of overhead and profit applicable to each item of Work. The preliminary schedule of values submitted by the CONTRACTOR should include a reasonable estimation of value of each item included and shall not contain disproportionate values assigned to any item or items; .4 a letter designating CONTRACTOR's Superintendent; .5 a letter from the CONTRACTOR and Subcontractor(s) listing any salaried specialists; .6 if applicable, a letter designating the "Competent Person(s)" on general safety and trench safety measures; .7 if applicable,a trench safety system plan; .8 if applicable,a plan illustrating proposed locations of temporary facilities; .9 if applicable, a traffic control plan; .10 a completed Non-Use of Asbestos Affidavit(Prior to Construction); and .11 if applicable, a letter designating the Texas Registered Professional Land Surveyor for layout of the Work. 2.5 Preconstruction Conference: Prior to commencement of Work at the site, a preconstruction conference attended by the CONTRACTOR,Owner's Representative and others will be held. 00700 04-2020 Page 6 General Conditions 2.6 Initially Acceptable Schedules: Unless otherwise provided in the Contract Documents, the CONTRACTOR shall obtain approval of Owner's Representative on final versions of the schedules submitted in accordance with paragraph 2.4.2 before the first progress payment will be made to the CONTRACTOR. The progress schedule must provide for an orderly progression of the Work to completion within any specified Milestones and Contract Times. Acceptance of the schedule by Owner's Representative will neither impose on Owner's Representative responsibility for the sequencing, scheduling or progress of the Work nor interfere with or relieve the CONTRACTOR from the CONTRACTOR's full responsibility therefor. The CONTRACTOR's schedule of Shop Drawings and sample submissions must provide an arrangement agreeable to the parties for reviewing and processing the required submittals. 2.7 Electronic Transmittals: 2.7.1 Except as otherwise stated elsewhere in the Contract Documents, the OWNER, E/A, and CONTRACTOR may transmit,and shall except, Project-related correspondence,texts,data,documents,drawings,information,and graphics,including but not limited to Shop Drawings and other submittals,in electronic media or digital format,either directly, or through access to a secure Project website. 2.7.2 When transmitting items in electronic media or digital format, the transmitting party makes no representations as to long term compatibility, usability, or readability of the items resulting from the recipient's use of software application packages,operating systems,or computer hardware differing from those used in the drafting or transmittal of the items. ARTICLE 3-CONTRACT DOCUMENTS: INTENT AMENDING REUSE 3.1 Intent: 3.1.1 The intent of the Contract Documents is to include all information necessary for the proper execution and completion of the Work by the CONTRACTOR.The Contract Documents are complementary, and what is required by one shall be as binding as if required by all. In cases of disagreement, the following order of precedence shall govern(top item receiving priority of interpretation): Change Orders Modifications to the Contract Documents made after the Execution Date Signed Agreement Addenda to the Contract Documents Special Conditions Supplemental General Conditions General Conditions Other Bidding Requirements and Contract Forms Special Provisions to the Standard Technical Specifications Special Specifications Standard Technical Specifications Drawings(figured dimensions shall govern over scaled dimensions) Project Safety manual, if applicable 3.1.2 Unless otherwise stated in the Contract Documents,words which have well-known technical or construction industry meanings are used in the Contract Documents in accordance with such recognized meanings. 3.2 Reporting and Resolving Discrepancies: Prior to commencing the Work, the CONTRACTOR shall review the Contract Documents for the purpose of discovering any conflict, error, ambiguity or discrepancy in the Contract Documents. If, at any time, the CONTRACTOR discovers any conflict, error, ambiguity or discrepancy within the Contract Documents or between the Contract Documents and any provisions of any such law or regulation applicable to the performance of the Work 00700 04-2020 Page 7 General Conditions or of any such standard, specification, manual or code or instructions of any Supplier, the CONTRACTOR shall immediately report it to Owner's Representative in writing, and the CONTRACTOR shall not proceed with the Work affected thereby until an amendment or supplement to the Contract Documents has been issued by one of the methods indicated in paragraph 3.3.1 or paragraph 3.3.2. The CONTRACTOR shall be liable to the OWNER for failure to report any such conflict, error, ambiguity or discrepancy of which the CONTRACTOR knew or reasonably should have known. 3.3 Amending and Supplementing Contract Documents: 3.3.1 The Contract Documents may be amended to provide for additions, deletions and revisions in the Work or to modify the terms and conditions thereof in one or more of the following ways: .1 Change Order. .2 Change Directive. 3.3.2 In addition,the requirements of the Contract Documents may be supplemented, and minor variations and deviations in the Work may be authorized, in one or more of the following ways: .1 Field Order. .2 Review of a Shop Drawing or sample. .3 Written interpretation or clarification. 3.4 Reuse of Documents Prohibited: The CONTRACTOR and any Subcontractor or Supplier or other person or organization performing or furnishing any of the Work under a direct or indirect contract with the OWNER: (i) shall not have or acquire any title to or ownership rights in any of the Drawings, Specifications or other documents(or copies of any thereof) prepared by or bearing the seal of E/A or E/A's consultants, and(ii)shall not reuse any of such Drawings, Specifications, other documents or copies on extensions of the Project or any other project without written consent of the OWNER and E/A. ARTICLE 4-AVAILABILITY OF LANDS:SUBSURFACE AND PHYSICAL CONDITIONS:REFERENCE POINTS 4.1 Availability of Lands: The OWNER shall furnish, as indicated in the Contract Documents,all required rights to use the lands upon which the Work is to be performed, rights-of-way and easements for access thereto, and such other lands which are designated for the use of the CONTRACTOR. The OWNER shall identify any encumbrances or restrictions not of general application but specifically related to use of lands so furnished with which the CONTRACTOR will have to comply in performing the Work. Easements for permanent structures or permanent changes in existing facilities will be obtained and paid for by the OWNER, unless otherwise provided in the Contract Documents. If the OWNER fails to furnish these lands, rights-of-way or easements in a timely manner,the CONTRACTOR may make a Claim for adjustments in the Contract Times.The CONTRACTOR shall provide for all additional lands and access thereto that may be required for temporary construction facilities or storage of materials and equipment. 4.2 Subsurface and Physical Conditions: 4.2.1 The CONTRACTOR hereby covenants that it has examined the site of the proposed Work and is familiar with all of the conditions surrounding construction of the Project, having conducted all inquiries, tests and investigations deemed necessary and proper. Unless the CONTRACTOR, prior to the execution of the Agreement, has notified the OWNER in writing of any condition of the site of the proposed Work that would adversely impact 00700 04-2020 Page 8 General Conditions the performance of the Work by the CONTRACTOR, CONTRACTOR covenants that there are no conditions at the site of the proposed work which would adversely impact the performance of Work by the CONTRACTOR. 4.2.2 If conditions are encountered at the site which are (1) subsurface or otherwise concealed physical conditions that differ materially from those indicated in the Contract Documents or(2)unknown physical conditions of an unusual nature, that differ materially from those normally encountered in the type of work being performed under this Contract, then notice by the observing party shall be given to the other party promptly before conditions are disturbed and in no event later than seven (7) calendar days after first observance of the conditions. Owner's Representative will promptly investigate such conditions with E/A and, if they differ materially and cause an increase or decrease in the CONTRACTOR's cost of, or time required for, performance of any part of the Work, OWNER will consider an equitable adjustment in the Contract Amount or Contract Time, or both. If Owner's Representative determines that the conditions at the site are not materially different from those indicated in the Contract Documents and that no change in the terms of the Contract is justified, the CONTRACTOR shall be notified in writing, stating the reasons. Any disputes arising from Owner's Representative's determination shall be resolved in accordance with Article 16. 4.2.3 Notwithstanding any other provision of this Contract,the CONTRACTOR shall be solely responsible for the location and protection of any and all public lines and utility customer service lines in the Work area. For the purposes of this section,"public lines"means the utility distribution and supply system within public rights-of-way or easements, and"utility customer service lines" (service) means any utility line connecting a utility customer to the utility distribution system. Generally, existing service connections within right-of-way or easements are not shown on the Drawings.The CONTRACTOR shall notify the OWNER and"One Call"and exercise due care to locate and to mark, uncover or otherwise protect all such lines in the construction zone and any of the CONTRACTOR's work or storage areas. The CONTRACTOR's obligation hereunder shall be primary and nondelegable. The CONTRACTOR shall indemnify or reimburse the OWNER for such expenses or costs (including fines that may be levied against the OWNER) that may result from unauthorized or accidental damage to all public lines and utility customer service lines in the Work area.The OWNER reserves the right to repair such damage the CONTRACTOR may cause,at the CONTRACTOR's expense. 4.2.4 The CONTRACTOR shall take reasonable precaution to avoid disturbing primitive records and antiquities of archaeological, paleontological or historical significance. No objects of this nature shall be disturbed without written permission of the OWNER and the Texas Department of Antiquities Protection. When such objects are uncovered unexpectedly, the CONTRACTOR shall stop all Work in close proximity and notify Owner's Representative and the Texas Department of Antiquities Protection of their presence and shall not disturb them until written permission and permit to do so is granted.All primitive rights and antiquities uncovered on the OWNER's property shall remain property of the State of Texas,the Texas Department of Antiquities Protection conforming to the Texas Natural Resources Code. If it is determined by the OWNER, in consultation with the Texas Department of Antiquities Protection,that exploration or excavation of primitive records or antiquities on Project site is necessary to avoid loss, the CONTRACTOR shall cooperate in salvage work attendant to preservation. If the Work stoppage or salvage work causes an increase in the CONTRACTOR's cost of,or time required for, performance of the Work, the Contract Amount and/or Contract Time may be equitably adjusted. 4.3 Reference Points: Unless otherwise specified, the OWNER will furnish all reference points, benchmarks, survey monuments, and control points which,in the OWNER's opinion,are suitable for laying out the Work. Such benchmarks and reference points will be placed at intervals not to exceed 1,500 feet. All reference points, benchmarks, survey monuments and control points shall be carefully preserved by the CONTRACTOR by use of flags, laths or other appropriate measures and, in case of destruction or removal by the CONTRACTOR or its employees, such reference points, benchmarks, survey monuments, and control points shall be replaced by a Registered Professional Land Surveyor at the CONTRACTOR's expense. When reference points, benchmarks, survey monuments, or control points are in conflict with the Work, then reestablishment will be the OWNER's responsibility during or upon completion of the Work. 4.4 Hazardous Materials: 00700 04-2020 Page 9 General Conditions 4.4.1 The OWNER shall be responsible for any hazardous material uncovered or revealed at the site which was not shown, indicated or identified in the Contract Documents to be within the scope of the Work and which may present a substantial danger to persons or property exposed thereto in connection with the Work at the site. The CONTRACTOR shall immediately notify Owner's Representative of any suspected hazardous materials encountered before or during performance of the Work and shall take all necessary precautions to avoid further disturbance of the materials. 4.4.2 The CONTRACTOR shall be responsible for any hazardous materials brought to the site by the CONTRACTOR, Subcontractor, Suppliers or anyone else for whom the CONTRACTOR is responsible. 4.4.3 No asbestos-containing materials shall be incorporated into the Work or brought on the Project site without prior approval of the OWNER. 4.4.4 TO THE FULLEST EXTENT PERMITTED BY LAWS AND REGULATIONS, CONTRACTOR SHALL INDEMNIFY AND HOLD HARMLESS OWNER,AND ITS COUNCIL MEMBERS, EMPLOYEES,AGENTS,AND CONSULTANTS FROM AND AGAINST ALL CLAIMS, COSTS, LOSSES, AND DAMAGES (INCLUDING BUT NOT LIMITED TO ALL FEES AND CHARGES OF ENGINEERS, ARCHITECTS, ATTORNEYS, AND OTHER PROFESSIONALS AND ALL COURT OR ARBITRATION OR OTHER DISPUTE RESOLUTION COSTS)ARISING OUT OF OR RELATING TO FAILURE TO CONTROL, CONTAIN OR REMOVE A HAZARDOUS MATERIAL BROUGHT TO THE SITE BY CONTRACTOR OR BY ANYONE FOR WHOM CONTRACTOR IS RESPONSIBLE, OR TO A HAZARDOUS ENVIRONMENTAL CONDITION CREATED BY CONTRACTOR OR BY ANYONE FOR WHOM CONTRACTOR IS RESPONSIBLE. ARTICLE 5-BONDS AND INSURANCE 5.1 Surety and Insurance Companies: All bonds and insurance required by the Contract Documents shall be obtained from solvent surety or insurance companies that are duly licensed by the State of Texas and authorized to issue bonds or insurance policies for the limits and coverages required by the Contract Documents. The bonds shall be in a form acceptable to the OWNER and shall be issued by a surety which complies with the requirements of Chapter 3503, Texas Insurance Code (2005)and which is otherwise acceptable to the OWNER. OWNER may require the surety to obtain reinsurance for any portion of the risk that exceeds 10% of the surety's capital and surplus. For bonds exceeding $100,000, the surety must also hold a certificate of authority from the U.S. Secretary of the Treasury or have obtained reinsurance from a reinsurer that is authorized as a reinsurer in Texas and holds a certificate of authority from the U.S. Secretary of the Treasury. 5.2 Workers'Compensation Insurance Coverage: 5.2.1 Definitions: .1 Certificate of coverage ("certificate") -A copy of a certificate of insurance, a certificate of authority to self-insure issued by the commission, or a coverage agreement showing statutory workers' compensation insurance coverage for the person's or entity's employees providing services on the Project, for the duration of the Project. .2 Duration of the Project - includes the time from the beginning of the Work on the Project until the CONTRACTOR's/person's Work on the Project has been completed and accepted by the OWNER. .3 Persons providing services on the Project ("subcontractor" herein) - includes all persons or entities performing all or part of the services the CONTRACTOR has undertaken to perform on the Project, regardless of whether that person contracted directly with the CONTRACTOR and regardless of whether that person has employees. This includes, by way of illustration and not of limitation, 00700 04-2020 Page 10 General Conditions independent contractors, Subcontractors, leasing companies, motor carriers, owner-operators, employees of any such entity, or employees of any entity which furnishes persons to provide services on the Project. "Services" include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project. "Services"does not include activities unrelated to the Project,such as food/beverage vendors, office supply deliveries,and delivery of portable toilets. 5.2.2 The CONTRACTOR shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44)for all employees of the CONTRACTOR providing services on the Project, for the duration of the Project. 5.2.3 The OWNER will not execute the Contract prior to the CONTRACTOR providing all required certificates of coverage. 5.2.4 If the coverage period shown on the CONTRACTOR's current certificate of coverage ends during the duration of the Project, the CONTRACTOR must, prior to the end of the coverage period, file a new certificate of coverage with the OWNER showing that coverage has been extended. 5.2.5 The CONTRACTOR shall obtain from each person providing services on the Project, and provide to the OWNER: .1 a certificate of coverage, prior to that person beginning Work on the Project, so the OWNER will have on file certificates of coverage showing coverage for all persons providing services on the Project; and .2 no later than seven(7)days after receipt by the CONTRACTOR,a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the Project. 5.2.6 The CONTRACTOR shall retain all required certificates of coverage for the duration of the Project and for one(1)year thereafter. 5.2.7 The CONTRACTOR shall notify the OWNER in writing by certified mail or personal delivery within ten(10) days after the CONTRACTOR knew or should have known of any change that materially affects the provision of coverage of any person providing services on the Project. 5.2.8 The CONTRACTOR shall post at its office or on each Project site a notice, in the text, form and manner prescribed by the Texas Workers' Compensation Commission, informing all persons providing services on the Project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage. 5.2.9 The CONTRACTOR shall contractually require each person with whom it contracts to provide services on a Project to: .1 provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44)for all of its employees providing services on the Project, for the duration of the Project; .2 provide to the CONTRACTOR, prior to that person beginning Work on the Project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the Project,for the duration of the Project; .3 provide the CONTRACTOR, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the Project; 00700 04-2020 Page 11 General Conditions .4 obtain from each other person with whom it contracts, and provide to the CONTRACTOR: a) a certificate of coverage, prior to the other person beginning Work on the Project;and b) a new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the Project; .5 retain all required certificates of coverage on file for the duration of the Project and for one (1) year thereafter; .6 notify the OWNER in writing by certified mail or personal delivery within ten (10)days after the person knew or should have known of any change that materially affects the provision of coverage of any person providing services on the Project; and .7 contractually require each person with whom it contracts,to perform as required by paragraphs 5.2.9.1 - 5.2.9.7, with the certificates of coverage to be provided to the person for whom they are providing services. 5.2.10 By signing this Contract or providing or causing to be provided a certificate of coverage, the CONTRACTOR is representing to the OWNER that all employees of the CONTRACTOR who will provide services on the Project will be covered by workers'compensation coverage for the duration of the Project,that the coverage will be based on proper reporting of classification codes and payroll amounts,and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self-insured, with the commission's Division of Self-Insurance Regulation. Providing false or misleading information may subject the CONTRACTOR to administrative penalties, criminal penalties, civil penalties, or other civil actions. 5.2.11 The CONTRACTOR's failure to comply with any of these provisions is a breach of Contract by the CONTRACTOR which entitles the OWNER to declare the Contract void if the CONTRACTOR does not remedy the breach within ten (10)days after receipt of notice of breach from the OWNER. 5.3 Contractor Insurance Requirements: For specific bond requirements and additional insurance requirements, refer to the Supplemental General Conditions. 5.3.1.1 General Requirements: .1 CONTRACTOR shall carry insurance in the types and amounts indicated below for the duration of the Contract, which shall include items owned by OWNER in the care, custody and control of CONTRACTOR prior to and during construction and warranty period. .2 CONTRACTOR must complete and forward the required Certificates of Insurance to OWNER before the Contract is executed as verification of coverage required below. CONTRACTOR shall not commence Work until the required insurance is obtained and until such insurance has been reviewed by OWNER. Approval of insurance by OWNER shall not relieve or decrease the liability of CONTRACTOR hereunder and shall not be construed to be a limitation of liability on the part of CONTRACTOR. CONTRACTOR must also complete and forward the required Certificates of Insurance to OWNER whenever a previously identified policy period has expired as verification of continuing coverage. .3 CONTRACTOR's insurance coverage is to be written by companies licensed to do business in the State of Texas at the time the policies are issued and shall be written by companies with A.M. Best ratings of B+VII or better, except for hazardous material insurance which shall be written by companies with A.M. Best ratings of A-or better. 00700 04-2020 Page 12 General Conditions .4 All endorsements naming the OWNER as additional insured, waivers, and notices of cancellation endorsements as well as the Certificate of Insurance shall indicate: City of Round Rock, 221 E. Main St., Round Rock, Texas 78664. .5 The "other" insurance clause shall not apply to the OWNER where the OWNER is an additional insured shown on any policy. It is intended that policies required in the Contract, covering both OWNER and CONTRACTOR, shall be considered primary coverage as applicable. .6 If insurance policies are not written for amounts specified below, CONTRACTOR shall carry Umbrella or Excess Liability Insurance for any differences in amounts specified. If Excess Liability Insurance is provided, it shall follow the form of the primary coverage. .7 OWNER shall be entitled, upon request and without expense,to receive certified copies of policies and endorsements thereto and may make any reasonable requests for deletion or revision or modification of particular policy terms, conditions, limitations, or exclusions except where policy provisions are established by law or regulations binding upon either of the parties hereto or the underwriter on any such policies. .8 OWNER reserves the right to review the insurance requirements set forth during the effective period of this Contract and to make reasonable adjustments to insurance coverage, limits, and exclusions when deemed necessary and prudent by OWNER based upon changes in statutory law, court decisions, the claims history of the industry or financial condition of the insurance company as well as CONTRACTOR. .9 CONTRACTOR shall not cause any insurance to be canceled nor permit any insurance to lapse during the term of the Contract or as required in the Contract. .10 CONTRACTOR shall be responsible for premiums, deductibles and self-insured retentions, if any, stated in policies. All deductibles or self-insured retentions shall be disclosed on the Certificate of Insurance. .11 CONTRACTOR shall provide OWNER thirty (30) days written notice of erosion of the aggregate limits below occurrence limits for all applicable coverages indicted within the Contract. .12 If OWNER-owned property is being transported or stored off-site by CONTRACTOR, then the appropriate property policy will be endorsed for transit and storage in an amount sufficient to protect OWNER's property. .13 The insurance coverages required under this contract are required minimums and are not intended to limit the responsibility or liability of CONTRACTOR. 5.3.1.2 Business Automobile Liability Insurance. Provide coverage for all owned, non-owned and hired vehicles. The policy shall contain the following endorsements in favor of OWNER: a) Waiver of Subrogation endorsement TE 2046A; b) 30 day Notice of Cancellation endorsement TE 0202A; and c) Additional Insured endorsement TE 9901 B. Provide coverage in the following types and amounts: 00700 04-2020 Page 13 General Conditions .1 A minimum combined single limit of$500,000 per occurrence for bodily injury and property damage. Alternate acceptable limits are $250,000 bodily injury per person, $500,000 bodily injury per occurrence and at least$100,000 property damage liability each accident. 5.3.1.3 Workers'Compensation and Employers'Liability Insurance: Coverage shall be consistent with statutory benefits outlined in the Texas Workers' Compensation Act (Section 401). CONTRACTOR shall assure compliance with this Statute by submitting two(2)copies of a standard certificate of coverage (e.g. ACCORD form) to Owner's Representative for every person providing services on the Project as acceptable proof of coverage. The required Certificate of Insurance must be presented as evidence of coverage for CONTRACTOR. Workers' Compensation Insurance coverage written by the Texas Workers Compensation Fund is acceptable to OWNER. CONTRACTOR's policy shall apply to the State of Texas and include these endorsements in favor of OWNER: a) Waiver of Subrogation,form WC 420304; and b) 30 day Notice of Cancellation,form WC 420601. The minimum policy limits for Employers'Liability Insurance coverage shall be as follows: .1 $100,000 bodily injury per accident, $500,000 bodily injury by disease policy limit and $100,000 bodily injury by disease each employee. 5.3.1.4 Commercial General Liability Insurance. The Policy shall contain the following provisions: a) Blanket contractual liability coverage for liability assumed under the Contract and all contracts relative to this Project. b) Completed Operations/Products Liability for the duration of the warranty period. c) Explosion, Collapse and Underground (X, C&U)coverage. d) Independent Contractors coverage. e) Aggregate limits of insurance per project, endorsement CG 2503. f) OWNER listed as an additional insured, endorsement CG 2010. g) 30 day notice of cancellation in favor of OWNER, endorsement CG 0205. h) Waiver of Transfer of Recovery Against Others in favor of OWNER, endorsement CG 2404. Provide coverages A&B with minimum limits as follows: .1 A combined bodily injury and property damage limit of$500,000 per occurrence. 5.3.1.5 Builders'Risk Insurance. CONTRACTOR shall maintain Builders' Risk Insurance or Installation Insurance on an all risk physical loss form in the Contract Amount. Coverage shall continue until the Work is accepted by OWNER. OWNER shall be a loss payee on the policy. If off site storage is permitted,coverage shall include transit and storage in an amount sufficient to protect property being transported or stored. 5.4 Bonds: 00700 04-2020 Page 14 General Conditions 5.4.1 General. .1 Bonds, when required, shall be executed on forms furnished by or acceptable to OWNER. All bonds signed by an agent must be accompanied by a certified copy of such agent's authority to act. .2 If the surety on any bond furnished by CONTRACTOR is declared bankrupt or becomes insolvent or its right to do business is terminated in the State of Texas or it ceases to meet the requirements of the preceding paragraph,CONTRACTOR shall within ten(10)days thereafter substitute another bond and surety, both of which must be acceptable to OWNER. .3 When Performance Bonds and/or Payment Bonds are required,each shall be issued in an amount of one hundred percent (100%) of the Contract Amount as security for the faithful performance and/or payment of all CONTRACTOR's obligations under the Contract Documents. Performance Bonds and Payment Bonds shall be issued by a solvent surety company authorized to do business in the State of Texas, and shall meet any other requirements established by law or by OWNER pursuant to applicable law. Any surety duly authorized to do business in Texas may write Performance and Payment Bonds on a project without reinsurance to the limit of 10 percent of its capital and surplus. Such a surety must reinsure any obligations over 10 percent. .4 If CONTRACTOR has failed to obtain or maintain a required bond, OWNER may exclude the CONTRACTOR from the site of the Project and exercise OWNER's suspension and/or termination rights under the Contract Documents. 5.4.2 Performance Bond. .1 If the Contract Amount exceeds $100,000, CONTRACTOR shall furnish OWNER with a Performance Bond in the form set out by OWNER. .2 If the Contract Amount exceeds $25,000 but is less than or equal to $100,000, CONTRACTOR shall furnish OWNER with a Performance Bond in the form set out by OWNER, unless the original Contract Time is 60 Calendar Days/40 Working Days or less, in which case CONTRACTOR can agree to the following terms and conditions for payment in lieu of providing a Performance Bond: no money will be paid to CONTRACTOR until completion and acceptance of the Work by OWNER; CONTRACTOR shall be entitled to receive 95%of the Contract Amount following Final Completion, and the remaining 5%of the Contract Amount following the one year warranty period. .3 If the Contract Amount is less than or equal to $25,000, CONTRACTOR will not be required to furnish a Performance Bond; provided that no money will be paid to CONTRACTOR until completion and acceptance of the Work by OWNER under the following terms and conditions: CONTRACTOR shall be entitled to receive 95%of the Contract Amount following Final Completion, and the remaining 51/6 of the Contract Amount following the one year warranty period. .4 If a Performance Bond is required to be furnished, it shall extend for the one year warranty period. 5.4.3 Payment Bond. .1 If the Contract Amount exceeds $50,000, CONTRACTOR shall furnish OWNER with a Payment Bond in the form set out by OWNER. .2 If the Contract Amount is less than or equal to $50,000, CONTRACTOR will not be required to furnish a Payment Bond; provided that no money will be paid to CONTRACTOR until completion and acceptance of the Work by OWNER under the terms and conditions specified in paragraph 5.4.2.3. 00700 04-2020 Page 15 General Conditions ARTICLE 6-CONTRACTOR'S RESPONSIBILITIES 6.1 Supervision and Superintendence: 6.1.1 The CONTRACTOR shall supervise,inspect and direct the Work competently and efficiently,devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Contract Documents. Unless otherwise directed by the OWNER in the Contract Documents, the CONTRACTOR shall be solely responsible for the means, methods, techniques, sequences and procedures of construction. The CONTRACTOR shall be responsible to see that the completed Work complies accurately with the Contract Documents. 6.1.2 The CONTRACTOR shall have an English-speaking, competent Superintendent on the Work at all times that work is in progress. Upon request of Owner's Representative, the CONTRACTOR shall present the resume of the proposed Superintendent to Owner's Representative showing evidence of experience and successful superintendence and direction of work of a similar scale and complexity. If, in the opinion of Owner's Representative,the proposed Superintendent does not indicate sufficient experience in line with the Work, he/she will not be allowed to be the designated Superintendent for the Work. The Superintendent shall not be replaced without Written Notice to Owner's Representative. If the CONTRACTOR deems it necessary to replace the Superintendent, the CONTRACTOR shall provide the necessary information for approval, as stated above, on the proposed new Superintendent. A qualified substitute Superintendent may be designated in the event that the designated Superintendent is temporarily away from the Work,but not to exceed a time limit acceptable to Owner's Representative. The CONTRACTOR shall replace the Superintendent upon the OWNER's request in the event the Superintendent is unable to perform to the OWNER's satisfaction. The Superintendent will be the CONTRACTOR's representative on the Work and shall have the authority to act on behalf of the CONTRACTOR. All communications given to the Superintendent shall be as binding as if given to the CONTRACTOR. Either the CONTRACTOR or the Superintendent shall provide an emergency and home telephone number at which one or the other may be reached if necessary when work is not in progress. 6.2 Labor, Materials and Equipment: 6.2.1 The CONTRACTOR agrees to employ only orderly and competent workers, skillful in performance of the type of Work required under this Contract. The CONTRACTOR, Subcontractors, Sub-subcontractors, and their employees may not use or possess any firearms, alcoholic or other intoxicating beverages, illegal drugs or controlled substances while on the job or on the OWNER's property, nor may such workers be intoxicated,or under the influence of alcohol or drugs, on the job. If the OWNER or Owner's Representative notifies the CONTRACTOR that any worker is incompetent, disorderly or disobedient, has knowingly or repeatedly violated safety regulations, has possessed any firearms, or has possessed or was under the influence of alcohol or drugs on the job, the CONTRACTOR shall immediately remove such worker from performing Contract Work, and may not employ such worker again on Contract Work without the OWNER's prior written consent. The CONTRACTOR shall at all times maintain good discipline and order on or off the site in all matters pertaining to the Project. The CONTRACTOR shall pay workers no less than the wage rates established in Section 00900, and maintain weekly payroll reports as evidence thereof. 6.2.2 Unless otherwise specified, the CONTRACTOR shall provide and pay for all materials, equipment, labor, transportation, construction equipment and machinery, tools, appliances,fuel, power, light, heat, telephone,water, sanitary facilities, temporary facilities and all other facilities and incidentals necessary for the furnishing, performance, re-testing of defective work, start-up and completion of the Work. 6.2.3 All materials and equipment shall be of good quality and new (including new products made of recycled materials), except as otherwise provided in the Contract Documents. If required by Owner's Representative, the CONTRACTOR shall furnish satisfactory evidence (reports of required tests, manufacturer's certificates of compliance with material requirements, mill reports, etc.) as to the kind, quantity and quality of materials and equipment. All materials and equipment shall be applied, installed, connected, erected, used, cleaned and conditioned in accordance with instructions of the applicable Supplier,except as otherwise provided in the Contract Documents. 00700 04-2020 Page 16 General Conditions 6.2.4 Substitutes and"Approved Equal" Items: 6.2.4.1 Whenever an item of material or equipment is specified or described in the Contract Documents by using the name of a proprietary item or the name of a particular Supplier, the specification or description is intended to establish the type,function and quality required. Unless the specification or description contains words reading that no like, equivalent or"approved equal"item or no substitution is permitted, other items of material or equipment of other Suppliers may be submitted to Owner's Representative under the following circumstances: .1 "Approved Equal": If, in the OWNER's sole discretion, an item of material or an item of equipment proposed by the CONTRACTOR is functionally equal to that named and sufficiently similar so that no change in related Work will be required, it may be considered by the OWNER as an"approved equal" item,in which case review of the proposed item may,in the OWNER's sole discretion, be accomplished without compliance with some or all of the requirements for evaluation of proposed substitute items. The CONTRACTOR shall provide the OWNER with the documentation required for the OWNER to make its determination. .2 Substitute Items: If, in the OWNER's sole discretion, an item of material or an item of equipment proposed by the CONTRACTOR does not qualify as an "approved equal" item under paragraph 6.2.4.1.1, then it will be considered a proposed substitute item. The CONTRACTOR shall submit sufficient information to allow the OWNER to determine that the item of material or item of equipment proposed is essentially equivalent to that named and a substitute therefor. 6.2.4.2 Substitute Construction Methods and Procedures: If a specific means, method, technique, sequence or procedure of construction is shown or indicated in and expressly required by the Contract Documents, the CONTRACTOR may with prior approval of the OWNER furnish or utilize a substitute means, method, technique, sequence, or procedure of construction. The CONTRACTOR shall submit sufficient information to Owner's Representative to allow the OWNER, in the OWNER's sole discretion,to determine that the substitute proposed is equivalent to that expressly called for by the Contract Documents. 6.2.4.3 OWNER's Evaluation: The OWNER will be allowed a reasonable time within which to evaluate each proposal or submittal made pursuant to paragraph 6.2.4.1.1 and paragraph 6.2.4.1.2. The OWNER will be the sole judge of acceptability. No"approved equal"or substitute shall be ordered, installed, or utilized until the OWNER's review is complete, which will be evidenced by either a Change Order or completion of the Shop Drawing review procedure. The OWNER may require the CONTRACTOR to furnish at the CONTRACTOR's expense a special performance guarantee or other surety bond with respect to any"approved equal"or substitute. The OWNER shall not be responsible for any delay due to review time for any"approved equal"or substitute. 6.2.4.4 CONTRACTOR's Expense: All data to be provided by the CONTRACTOR in support of any proposed "approved equal"or substitute item will be at the CONTRACTOR's expense. 6.2.5 The CONTRACTOR agrees to assign to the OWNER any rights it may have to bring antitrust suits against its Suppliers for overcharges on materials incorporated in the Project growing out of illegal price fixing agreements. The CONTRACTOR further agrees to cooperate with the OWNER should the OWNER wish to prosecute suits against Suppliers for illegal price fixing. 6.3 Progress Schedule: Unless otherwise directed, the CONTRACTOR shall adhere to the progress schedule established in accordance with paragraph 2.6 as it may be adjusted from time to time as provided below: .1 The CONTRACTOR shall submit to Owner's Representative for acceptance proposed adjustments in the progress schedule that will not change the Contract Times or Milestones. Such adjustments will conform generally to the progress schedule then in effect. 00700 04-2020 Page 17 General Conditions .2 Proposed adjustments in the progress schedule that will change the Contract Times or Milestones shall be submitted in accordance with the requirements of Article 12. Such adjustments may only be made by a Change Order or Time Extension Request in accordance with Article 12. 6.4 Concerning Subcontractors,Suppliers and Others: 6.4.1 Assignment: The CONTRACTOR agrees to retain direct control of and give direct attention to the fulfillment of this Contract. The CONTRACTOR agrees not to,by Power of Attorney or otherwise,assign said Contract without the prior written consent of the OWNER. 6.4.2 Award of Subcontracts for Portions of the Work: The CONTRACTOR shall not employ any Subcontractor, Supplier or other person or organization,whether initially or as a substitute, against whom the OWNER may have reasonable objection. The CONTRACTOR must provide the OWNER with a list of all Subcontractors, Suppliers, or other persons or organizations it will use in the Work, and such list must be provided prior to the preconstruction conference. Should the OWNER have objections,the OWNER will communicate such objections by Written Notice. If the OWNER requires a change without good cause of any Subcontractor, person or organization previously accepted by OWNER,the Contract Amount may be increased or decreased by the difference in the cost occasioned by any such change, and an appropriate Change Order shall be issued. The CONTRACTOR shall not substitute any Subcontractor, person or organization that has been accepted by the OWNER, unless the substitute has been accepted in writing by the OWNER. No acceptance by the OWNER of any Subcontractor, Supplier or other person or organization shall constitute a waiver of any right of the OWNER to reject defective Work. 6.4.3 The CONTRACTOR shall enter into written agreements with all Subcontractors and Suppliers which specifically bind the Subcontractors or Suppliers to the applicable terms and conditions of the Contract Documents for the benefit of the OWNER and E/A. The OWNER reserves the right to specify that certain requirements shall be adhered to by all Subcontractors and Sub-subcontractors as indicated in other portions of the Contract Documents and these requirements shall be made a portion of the agreement between the CONTRACTOR and Subcontractor or Supplier. 6.4.4 The CONTRACTOR shall be fully responsible to the OWNER for all acts and omissions of the Subcontractors, Suppliers and other persons and organizations performing or furnishing any of the Work under a direct or indirect contract with the CONTRACTOR just as the CONTRACTOR is responsible for the CONTRACTOR's own acts and omissions. Nothing in the Contract Documents shall create for the benefit of any such Subcontractor, Supplier or other person or organization any contractual relationship between the OWNER and any such Subcontractor, Supplier or other person or organization, nor shall it create any obligation on the part of the OWNER or 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 Owner's Representative through the CONTRACTOR. 6.4.6 The divisions and sections of the Specifications and the identifications of any Drawings shall not control the CONTRACTOR in dividing or delineating the Work to be performed by any specific trade. 6.4.7 The CONTRACTOR shall pay each Subcontractor and Supplier their appropriate share of payments made to the CONTRACTOR not later than ten(10)Days after the CONTRACTOR's receipt of payment from the OWNER. 6.5 Patent Fees and Royalties: 6.5.1 The CONTRACTOR shall be responsible at all times for compliance with applicable patents or copyrights encompassing, in whole or in part, any design, device, material, or process utilized, directly or indirectly, in the performance of the Work or the formulation or presentation of its Bid. 00700 04-2020 Page 18 General Conditions 6.5.2 The CONTRACTOR shall pay all royalties and license fees and shall provide, prior to commencement of Work hereunder and at all times during the performance of same,for lawful use of any design, device, material or process covered by letters, patent or copyright by suitable legal agreement with the patentee, copyright holder, or their duly authorized representative whether or not a particular design, device, material, or process is specified by the OWNER. 6.5.3 The CONTRACTOR shall defend all suits or claims for infringement of any patent or copyright and shall indemnify and save the OWNER harmless from any and all claims,costs,losses,expenses and damages(including but not limited to attorney's fees and consultant fees),direct or indirect,arising with respect to the CONTRACTOR's process in the formulation of its bid or the performance of the Work or otherwise arising in connection therewith. The OWNER reserves the right to provide its own defense,with counsel of its own choosing,to any suit or claim of infringement of any patent or copyright in which event the CONTRACTOR shall indemnify and save harmless the OWNER from all costs and expenses of such defense as well as satisfaction of all judgments entered against the OWNER. 6.5.4 The OWNER shall have the right to stop the Work and/or terminate this Agreement at anytime in the event the CONTRACTOR fails to disclose to the OWNER that the CONTRACTOR's work methodology includes the use of any infringing design, device, material or process. 6.6 Permits, Fees: Unless otherwise provided in the Supplemental General Conditions, the CONTRACTOR shall obtain and pay for all construction permits, licenses and fees required for prosecution of the Work. OWNER will obtain and pay for the following permits, licenses and/or fees, if required: .1 Site Development Permit. .2 Building Permit(s). .3 Texas Department of Transportation permit for work in State rights-of-way. .4 Railroad Utility License Agreement. 6.7 Laws and Regulations: 6.7.1 The CONTRACTOR shall give all notices and comply with all laws and regulations applicable to famishing and performing the Work. Except where otherwise expressly required by applicable laws and regulations, neither the OWNER nor E/A shall be responsible for monitoring the CONTRACTOR's compliance with any laws and regulations. 6.7.2 The CONTRACTOR shall plan and execute its operations in compliance with all applicable Federal, State and local laws and regulations, including those concerning control and abatement of water pollution and prevention and control of air pollution. 6.7.3 If the CONTRACTOR performs any Work that it is contrary to laws or regulations,then the CONTRACTOR shall bear and shall indemnify, defend and hold OWNER harmless from all claims, costs, losses and damages arising therefrom; however, it shall not be the CONTRACTOR's primary responsibility to make certain that the Specifications and Drawings are in accordance with laws and regulations, but this does not relieve the CONTRACTOR of the CONTRACTOR's obligations under Article 3. 6.8 Taxes: 6.8.1 The CONTRACTOR shall pay all sales, consumer, use and other similar taxes required to be paid by the CONTRACTOR in accordance with the laws and regulations of the State of Texas. 00700 04-2020 Page 19 General Conditions 6.8.2 The OWNER is an exempt organization as defined by Chapter 11 of the Property Tax Code of Texas and is thereby exempt from payment of Sales Tax under Chapter 151, Limited Use Sales, Excise and Use Tax, Texas Tax Code, and Chapter 321, Texas Tax Code. 6.9 Use of Premises: 6.9.1 The CONTRACTOR shall confine construction equipment,the storage of materials and equipment and the operations of workers to the site and land and areas identified in and permitted by the Contract Documents and other land and areas permitted by laws and regulations, rights-of-way, permits and easements, and shall not unreasonably encumber the premises with construction equipment or other materials or equipment. The CONTRACTOR shall assume full responsibility for any damage to any such land or area, or to the owner or occupant thereof or of any adjacent land or areas, resulting from the performance of the Work. Should any claim be made by any such owner or occupant because of the performance of the Work, the CONTRACTOR shall promptly settle with such other party by negotiation or otherwise resolve the claim by dispute resolution proceeding or at law. The CONTRACTOR shall indemnify,defend and hold harmless the OWNER, E/A, E/A's consultants and anyone directly or indirectly employed by any of them from and against all claims, costs, losses and damages (including court costs and reasonable attorneys'fees) arising out of or resulting from any claim or action, legal or equitable, brought by any such owner or occupant against the OWNER, 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 E/A for reference during performance of the Work. Upon Substantial Completion of the Work, these record documents, samples and Shop Drawings showing the final "as built" construction of the Project shall be promptly delivered to Owner's Representative. 6.11 Safety and Protection: 6.11.1 The CONTRACTOR shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work. Upon request,and prior to installation of measures,the CONTRACTOR shall submit a site security and safety plan for approval by the OWNER. By reviewing the plan or making recommendations or comments, the OWNER will not assume liability nor will the CONTRACTOR be relieved of liability for damage, injury or loss. The CONTRACTOR shall take all necessary precautions for the safety of and shall provide the necessary protection to prevent damage, injury or loss to: .1 all persons on the Work site or who may be affected by the Work; .2 all the Work and materials and equipment to be incorporated therein, whether in storage on or off the site; and 00700 04-2020 Page 20 General Conditions .3 other property at the site or adjacent thereto, including but not limited to, trees, shrubs, lawns, walks, pavements, noudwayo, odructureo, utilities and underground fmo|dieo not designated for removal, relocation orreplacement|nthe course ofconstruction. 6.11'2 The CONTRACTOR ahoU comply with all applicable |swm and regulations of any public body having jurisdiction for safety of persons or property or to protect them from damage. injury or |mow; and shall amaot and maintain all necessary safeguards for such safety and protection. The CONTRACTOR shall notify owners of adjacent property and of underground facilities, and utility owners when prosecution of the Work may affect them, and shall cooperate with them in the protection, removal, relocation and replacement of their property. All damage, injury or loss to any property referred to in paragraph 6.11.1.2 and paragraph 6.11.1.3 caused,directly or indirectly, in whole or in pad. by the CONTRACTOR, Subcontractor, Supplier or any person or organization directly or indirectly employed by any of them to perform or furnish any of the Work or anyone for whose acts any ofthem may be n*sponmib|e, shall be remedied by the CONTRACTOR (except damage nrloss attributable tothe fault of Drawings or Specifications or to the acts or omissions of the OWNER, or EJA. or E/A's consultant or anyone employed by any of them or anyone for whose acts any of them may be responsible, and not attributable, directly or indirectly, in whole or in part,to the faults or negligence of the CONTRACTOR or any Subcontractor, Supplier or other person or organization directly r indirectly employed by any of them). The CONTFQACTOR'm duties and responsibilities for safety and protection of the Work shall continue until such time as all the Work is completed and Owner's Representative hmeiomuedmncticetptheQVVNER|ondthe CONTRACTOR inaccordance with Article 14 that the Work imacceptable(except as otherwise expressly provided in connection with Substantial Completion). 6'11'3 Safety Representative: The CONTRACTOR shall designate a qualified and experienced safety representative at the site whose duties and responsibilities shall be the prevention of accidents and the maintaining and supervising of safety precautions and programs. Upon request of the OWNER, the CONTRACTOR ehmU provide certifications orother documentation ofthewsfet/representative's qua|i�oationm. Aderninimunn.the sofo� thfrty (3O) hour training and a certificate evidencing that the safety representative has received such training within the last five (6) years shall be provided to the OWNER's representative. 6'11.4 Hazard Communication Programs: The CONTRACTOR shall be responsible for coordinating any exchange of material safety data sheets or other hazard communication information required to be made available toorexchanged between oramong employers atthe site inaccordance with laws and regulations. 6.11.5 Emergencies: 6'11-5-1 In emergencies affecting the safety or protection of persons or the Work at the site or adjacent thereto, the O(3NTRACTUR, without special instruction or authorization from the OWNER or E64, is obligated to act reasonablyprevent threatened dammge, injury orloss and tpmitigate damage orloss tothe Work. The CONTRACTOR shall give Owners Representative prompt written notice ifthe 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 inthe Contract Documents isrequired because ofthe action taken bythe CONTRACTOR in response to such an emergency,a Change Directive or Change Order will be issued to document the consequences of such action; otherwise the OWNER will not he responsible for the CONTFACTOR'm emergency action. 6'11-5.2 Authorized agents of the CONTRACTOR shall respond immediately to call-out at any time ofany 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 dmmaQe, restriction or limitation or to bake such action or measures pertaining to the Work aamay bmnecessary toprovide for the safety ofthe public. Should the CONTRACTOR and/or its agent fail to respond and take action to alleviate such an emergency situation, the OWNER may direct other forces to take action oonecessary to remedy the emergency condition,and the OWNER will deduct any cost oysuch remedial action from the funds due tothe CONTRACTOR under this Contract. 6-11-5'3 In the event there is an accident involving injury to any individual on or near the VVorh. the CONTRACTOR shall notify Owner's Representative within twenty-four (24) hours of the event and wMmU be responsible for recording the location of the event and the circumstances surrounding the event through 00700 04'2020 Page 21 General Conditions photographs, interviewing witnesses, obtaining medical reports and other documentation that describes the event. Copies of such documentation shall be provided to Owner's Representative, for the OWNER's and E/A's records, within forty-eight(48) hours of the event. 6.12 Continuing the Work: The CONTRACTOR shall carry on the Work and adhere to the progress schedule during all disputes or disagreements with the OWNER. No Work shall be delayed or postponed pending resolution of any disputes or disagreements, except as the OWNER and the CONTRACTOR may agree in writing. 6.13 CONTRACTOR's General Warranty and Guarantee: 6.13.1 The CONTRACTOR warrants and guarantees to the OWNER that all Work will be performed in a good and workmanlike manner in accordance with the Contract Documents and will not be defective. The CONTRACTOR's warranty and guarantee hereunder excludes defects or damage caused by: .1 abuse, modification or improper maintenance or operation by persons other than the CONTRACTOR, Subcontractors or Suppliers; or .2 normal wear and tear under normal usage. 6.13.2 The CONTRACTOR's obligation to perform and complete the Work in a good and workmanlike manner in accordance with the Contract Documents shall be absolute. None of the following will constitute acceptance of Work not in accordance with the Contract Documents or a release of the CONTRACTOR's obligation to perform the Work in accordance with the Contract Documents: .1 observations by Owner's Representative and/or E/A; .2 recommendation of any progress or final payment by Owner's Representative; .3 the issuance of a certificate of Substantial Completion or any payment by the OWNER to the CONTRACTOR under the Contract Documents; .4 use or occupancy of the Work or any part thereof by the OWNER; .5 any acceptance by the OWNER or any failure to do so; .6 any review of a Shop Drawing or sample submittal; .7 any inspection,test or approval by others; or .8 any correction of defective Work by the OWNER. .9 the failure of the OWNER, E/A or any other person or entity acting on behalf of the OWNER or E/A to observe, detect or discover any defect in the Work or any non-conformance of the Work with any requirement of the Contract Documents. CONTRACTOR hereby waives any claim or defense to any claim by the OWNER that any failure by the OWNER, E/A, or any other person or entity acting on behalf of the OWNER or E/A to observe, detect or discover any defect in the Work relieves or releases, in whole or in part, CONTRACTOR from any obligations or responsibility for the correction of such defects or any other obligation of CONTRACTOR under the Contract Documents. 6.14 Indemnification: 00700 04-2020 Page 22 General Conditions 6.14.1 TO THE FULLEST EXTENT PERMITTED BY LAW,AND IN ADDITION TO ANY OTHER OBLIGATIONS OF CONTRACTOR UNDER THE CONTRACT OR OTHERWISE, CONTRACTOR SHALL INDEMNIFY,DEFEND AND HOLD HARMLESS OWNER, ITS COUNCIL MEMBERS , EMPLOYEES, AGENTS, AND CONSULTANTS INCLUDING, BUT NOT LIMITED TO THE E/A (THE "INDEMNIFIED PARTIES" OR INDEMNIFIED PARTY", FROM AND AGAINST ALL CLAIMS, COSTS, LOSSES, AND DAMAGES (INCLUDING BUT NOT LIMITED TO ALL FEES AND CHARGES OF ENGINEERS, ARCHITECTS, ATTORNEYS, CONSULTANTS, EXPERTS AND OTHER PROFESSIONALS AND ALL COURT OR ARBITRATION OR OTHER DISPUTE RESOLUTION COSTS) ARISING OUT OF OR RELATING TO THE PERFORMANCE OF THE WORK, REGARDLESS OF WHETHER SUCH CLAIMS, COSTS, LOSSES,AND DAMAGES ARE CAUSED, IN WHOLE OR IN PARTY BY THE ACTS, ACTIONS, ERRORS OR OMISSIONS OF AN INDEMNIFIED PARTY. BECAUSE OWNER IS A MUNICIPALITY,THE TERMS AND PROVISIONS OF SUBCHAPTER C OF CHAPTER 151 OF THE TEXAS INSURANCE CODE ("CHAPTER 151") DOES NOT APPLY TO THE OWNER. IF, HOWEVER, ANY PROVISION OF CHAPTER 151 APPLIES TO THE OWNER, IT IS THE INTENT OF THE OWNER THAT IF THE PROVISIONS OF CHAPTER 151 DO APPLY, NOTHING HEREIN SHALL IMPOSE ANY REQUIREMENTS ON CONTRACTOR THAT ARE PROHIBITED BY CHAPTER 151 AND THAT ANY OF THE PROVISIONS HEREOF THAT ARE NOT PROHIBITED BY CHAPTER 151 SHALL REMAIN IN FULL FORCE AND EFFECT. ACCORDINGLY, IN THE EVENT THAT IN CONSTRUING AND INTERPRETING THE CONTRACT DOCUMENTS, A COURT OF COMPETENT JURISDICTION OR, IF APPLICABLE, AN ARBITRATOR, DETERMINES THAT CHAPTER 151 APPLIES TO THE OWNER, THEN THE COURT OR ARBITRATOR SHALL REFORM THE PROVISIONS HEREOF SO AS TO COMPLY WITH CHAPTER 151 AND SUCH REFORMATION SHALL NOT AFFECT THE VALIDITY OF ANY PROVISIONS HEREOF THAT ARE NOT PROHIBITED BY CHAPTER 151. 6.14.2 The indemnification obligation under paragraph 6.14.1 shall not be limited in any way by any limitation on the amount or type of damages, or compensation or benefits payable by or for the CONTRACTOR or any such Subcontractor, Supplier or other person or organization under workers'compensation acts,disability benefit acts or other employee benefit acts. 6.14.3 The obligations of the CONTRACTOR under paragraph 6.14.1 shall not extend to the liability of the OWNER, E/A, E/A's consultants, and their officers, directors, partners, employees or agents caused primarily by negligent preparation of maps, drawings, surveys, designs or specifications upon which is placed the applicable state-authorized design professional seal of the OWNER's, E/A's or EJA's consultant's officers, directors, partners, employees or agents. 6.14.4 In the event the CONTRACTOR fails to follow the OWNER's directives concerning use of the site, scheduling or course of construction, or engages in other conduct which proximately causes damage to property based on inverse condemnation or otherwise, then and in that event, the CONTRACTOR shall indemnify the OWNER against all costs resulting from such claims. 6.14.5 In the event the CONTRACTOR unreasonably delays progress of the work being done by others on the site so as to cause loss for which the OWNER becomes liable, then the CONTRACTOR shall reimburse the OWNER for such loss. 6.15 Survival of Obligations: All representations, indemnifications, warranties and guarantees made in, required by or given in accordance with the Contract Documents,as well as all continuing obligations indicated in the Contract Documents,will survive final payment, completion and acceptance of the Work and termination or completion of the Agreement. 6.16 Losses from Natural Causes: Unless otherwise specified, all loss or damage to the CONTRACTOR arising out of the nature of the Work to be done or from action of the elements,floods or from unforeseeable circumstances in prosecution of the Work or from 00700 04-2020 Page 23 General Conditions unusual obstructions or difficulties which may be encountered in prosecution of the Work, shall be sustained and borne by the CONTRACTOR at its own cost and expense. 6.17 Notice of Claim: Should the CONTRACTOR suffer injury or damage to person or property because of any error, omission or act of the OWNER or of any of the OWNER's employees or agents or others for whose acts the OWNER is liable,a Claim will be made to the other party within thirty (30) calendar days of the event giving rise to such injury or damage. The provisions of this paragraph 6.17 shall not be construed as a substitute for or a waiver of the provisions of any applicable statute of limitations, statute of repose, or any other provision of the Contract Documents. 6.18 Liquidated Damages: At set forth in the Agreement,paragraph 1.2,the CONTRACTOR or its Surety shall be liable for Liquidated Damages for the CONTRACTOR's failure to timely complete the Work or any portion thereof within the Contract Time. See Supplemental Conditions for amount of Liquidated Damages. ARTICLE 7-OTHER WORK 7.1 The OWNER may perform other work related to the Project at the site by the OWNER's own forces, or let other contracts therefor, or have other work performed by utility owners. If the CONTRACTOR believes that delay or additional cost is involved because of such action by the OWNER, the CONTRACTOR may make a Claim as provided in Article 11 or Article 12. 7.2 The CONTRACTOR shall afford other contractors who are in a contract with the OWNER and each utility owner (and the OWNER, if the OWNER is performing the additional work with the OWNER's employees) proper and safe access to the site and a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such other work and shall properly connect and coordinate the Work with theirs. Unless otherwise provided in the Contract Documents, the CONTRACTOR shall do all cutting, fitting and patching of the Work that may be required to make its several parts come together properly and integrate with such other work. The CONTRACTOR shall not endanger any work of others by cutting, excavating or otherwise altering their work and will only cut or alter their work with the written consent of Owner's Representative and the other contractors whose work will be affected. The CONTRACTOR shall promptly remedy damage caused by the CONTRACTOR to completed or partially completed construction or to property of the OWNER or separate contractors. 7.3 If the proper execution or results of any part of the CONTRACTOR's Work depends upon work performed by others under this Article 7, the CONTRACTOR shall inspect such other work and promptly report to Owner's Representative in writing any delays, defects or deficiencies in such other work that render it unavailable or unsuitable for the proper execution and results of the CONTRACTOR's Work. The CONTRACTOR's failure to report will constitute an acceptance of such other work as fit and proper for integration with the CONTRACTOR's Work except for latent or non-apparent defects and deficiencies in such other work. 7.4 The OWNER shall provide for coordination of the activities of the OWNER's own forces and of each separate contractor with the Work of the CONTRACTOR, who shall cooperate with them. The CONTRACTOR shall participate with other separate contractors and Owner's Representative in reviewing their construction schedules when directed to do so. The CONTRACTOR shall make any revisions to the construction schedule deemed necessary after a joint review and mutual agreement. The construction schedules shall then constitute the schedules to be used by the CONTRACTOR, separate contractors and the OWNER until subsequently revised. 7.5 Unless otherwise stated herein, costs caused by delays or by improperly timed activities or defective construction shall be borne by the party responsible therefor. 7.6 If CONTRACTOR damages,delays,disrupts or interferes with the work of any other contractor,or any utility owner performing other work at or adjacent to the site of the Project, through CONTRACTOR's failure to take reasonable and customary measures to avoid such impacts,or if any claim arising out of CONTRACTOR's actions, 00700 04-2020 Page 24 General Conditions inactions or negligence in performance of the Work at or adjacent to the site of the Project is made by any such other contractor or utility owner against CONTRACTOR, OWNER, or E/A, then CONTRACTOR shall (1) promptly attempt to settle the claim as to all parties through negotiations with such other contractor or utility owner, or otherwise resolve the claim by arbitration or other dispute resolution proceeding or at law,and(2)INDEMNIFY AND HOLD HARMLESS THE INDEMNIFIED PARTIES, INCLUDING, BUT NOT LIMITED TO THE E/A FROM AND AGAINST ANY SUCH CLAIMS,AND AGAINST ALL COSTS,LOSSES,AND DAMAGES(INCLUDING BUT NOT LIMITED TO ALL FEES AND CHARGES OF ENGINEERS, ARCHITECTS, ATTORNEYS, AND OTHER PROFESSIONALS AND ALL COURT OR ARBITRATION OR OTHER DISPUTE RESOLUTION COSTS) ARISING OUT OF OR RELATING TO SUCH DAMAGE, DELAY, DISRUPTION,OR INTERFERENCE. ARTICLE 8-OWNER'S RESPONSIBILITIES 8.1 Prior to the start of construction, the OWNER will designate in writing a person or entity to act as Owner's Representative during construction. Except as otherwise provided in these General Conditions, the OWNER shall issue all communications to the CONTRACTOR through Owner's Representative. 8.2 The OWNER will not supervise, direct, control or have authority over or be responsible for the CONTRACTOR's means, methods,techniques, sequences or procedures of construction or the safety precautions and programs incident thereto. The OWNER is not responsible for any failure of the CONTRACTOR to comply with laws and regulations applicable to furnishing or performing the Work. The OWNER is not responsible for the CONTRACTOR's failure to perform or furnish the Work in accordance with the Contract Documents. Failure or omission of the OWNER to discover, or object to or condemn any defective Work or material shall not release the CONTRACTOR from the obligation to properly and fully perform the Contract. 8.3 The OWNER is not responsible for the acts or omissions of the CONTRACTOR, or of any Subcontractor, any Supplier, or of any other person or organization performing or furnishing any of the Work. 8.4 Information or services under the OWNER's control shall be furnished by the OWNER with reasonable promptness to avoid delay in the orderly progress of the Work. 8.5 The foregoing are in addition to other duties and responsibilities of the OWNER enumerated herein and especially those in respect to Article 4 (Availability of Lands; Subsurface and Physical Conditions; Reference Points),Article 7(Other Work)and Article 14(Payments to the CONTRACTOR and Completion). 8.6 Notice of Claim: Should the OWNER suffer injury or damage to person or property because of any error, omission or act of the CONTRACTOR or of any of the CONTRACTOR's employees or agents or others for whose acts the CONTRACTOR is liable, a notice of such injury or damage will be sent to the CONTRACTOR within thirty (30) calendar days of the event giving rise to such injury or damage. The provisions of this paragraph 8.6 shall not be construed as a substitute for or a waiver of the provisions of any applicable statute of limitations or statute of repose. 8.7 The OWNER is not responsible for the CONTRACTOR's failure to perform or furnish the Work in accordance with the Contract Documents. The failure or omission of the OWNER, E/A or any other person or entity acting on behalf of the OWNER or the E/A to observe,detect,discover, or object to or condemn any defective Work or material shall not release the CONTRACTOR from CONTRACTOR's obligation to properly and fully perform the Work pursuant to the Contract Documents. The OWNER shall not be responsible for the acts, errors or omissions of the CONTRACTOR, or any Subcontractor, Supplier or any other person or entity performing or furnishing any of the Work on behalf of the CONTRACTOR. ARTICLE 9-ENGINEER/ARCHITECT'S STATUS DURING CONSTRUCTION 9.1 E/A's Authority and Responsibilities: 9.1.1 The duties and responsibilities and the limitations of authority of E/A during construction are set forth in the Contract Documents and shall not be extended without written consent of the OWNER and E/A. The assignment 00700 04-2020 Page 25 General Conditions of any authority, duties or responsibilities to E/A under the Contract Documents, or under any agreement between the OWNER and E/A, or any undertaking, exercise or performance thereof by E/A, is intended to be for the sole and exclusive benefit of the OWNER and is not for the benefit of the CONTRACTOR, Subcontractor, Sub- subcontractor,Supplier,or any other person or organization,or for any surety or employee or agent of any of them. 9.1.2 E/A will not supervise, direct, control or have authority over or be responsible for the CONTRACTOR's means, methods, techniques, sequences or procedures of construction, or the safety precautions and programs incident thereto. E/A is not responsible for any failure of the CONTRACTOR to comply with laws and regulations applicable to the furnishing or performing the Work. E/A is not responsible for the CONTRACTOR's failure to perform or furnish the Work in accordance with the Contract Documents. Failure or omission of 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 E/A is not responsible for the acts or omissions of the CONTRACTOR, or of any Subcontractor, any Supplier, or of any other person or organization performing or furnishing any of the Work. 9.1.4 If the OWNER so directs, E/A will review the final Application for Payment and accompanying documentation and all maintenance and operating instructions, schedules, guarantees, bonds and certificates of inspection,tests and approvals and other documentation required to be delivered by Article 14,but only to determine generally that their content complies with the requirements of, and in the case of certificates of inspections, tests and approvals that the results certified indicate compliance with, the Contract Documents. 9.1.5 The limitations upon authority and responsibility set forth in this paragraph 9.1 shall also apply to E/A's Consultants, Resident Project Representative and assistants. 9.2 E/A as Owner's Representative: 9.2.1 EIA may be designated as Owner's Representative under paragraph 8.1. 9.3 Visits to Site: If the OWNER so directs,E/A will make visits to the site at intervals appropriate to the various stages of construction as is necessary in order to observe as an experienced and qualified design professional the progress that has been made and the quality of the various aspects of the CONTRACTOR's executed Work. Based on information obtained during such visits and observations, E/A will endeavor for the benefit of the OWNER to determine if the Work is proceeding in accordance with the Contract Documents. E/A will not be required to make exhaustive or continuous on-site inspections to check the quality or quantity of the Work. E/A's efforts will be directed toward providing for the OWNER a greater degree of confidence that the completed Work will conform to the Contract Documents. On the basis of such visits and on-site observations, E/A will keep the OWNER informed of the progress of the Work and will endeavor to guard the OWNER against defective Work. E/A's visits and on-site observations are subject to all the limitations on E/A's authority and responsibility set forth in paragraph 9.1. 9.4 Project Representative: If the OWNER and E/A agree, E/A will furnish a Resident Project Representative to assist E/A in providing more continuous observation of the Work. The responsibilities and authority and limitations of any such Resident Project Representative and assistants will be as provided in paragraph 9.1 and in the Supplemental General Conditions. The OWNER may designate another representative or agent to represent the OWNER at the site who is not E/A, E/A's consultant,agent or employee. 9.5 Clarifications and Interpretations: E/A may determine that written clarifications or interpretations of the requirements of the Contract Documents (in the form of drawings or otherwise) are necessary. Such written clarifications or interpretations will be consistent with the intent of and reasonably inferable from the Contract Documents,will be issued with reasonable promptness by Owner's Representative and will be binding on the OWNER and the CONTRACTOR. If the OWNER or the 00700 04-2020 Page 26 General Conditions CONTRACTOR believes that a written clarification or interpretation justifies an adjustment in the Contract Amount or the Contract Times,the OWNER or the CONTRACTOR may make a Claim therefor as provided in Article 11 or Article 12. 9.6 Rejecting Defective Work: E/A may recommend that the OWNER disapprove or reject Work which E/A believes to be defective, or believes will not produce a completed Project that conforms to the Contract Documents or will prejudice the integrity of the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. ARTICLE 10-CHANGES IN THE WORK 10.1 Changes: 10.1.1 Without invalidating the Contract and without notice to any surety,the OWNER,at anytime or from time to time, may order additions, deletions or revisions in the Work. Such changes in the Work will be authorized by Change Order, Change Directive or Field Order. 10.1.2 Changes in the Work shall be performed under applicable provisions of the Contract Documents, and the CONTRACTOR shall proceed promptly, unless otherwise provided in the Change Order,Change Directive or Field Order. 10.1.3 The CONTRACTOR shall not be entitled to an increase in the Contract Amount or an extension of the Contract Times with respect to any Work performed that is not required by the Contract Documents as amended, modified and supplemented as provided in paragraph 3.3.1 and paragraph 3.3.2, except in the case of an emergency as provided in paragraph 6.11.5 or in the case of uncovering Work as provided in paragraph 13.4. 10.1.4 Except in the case of an emergency as provided in paragraph 6.11.5, a Change Order or Change Directive is required before the CONTRACTOR commences any activities associated with a change in the Work which, in the CONTRACTOR's opinion,will result in a change in the Contract Amount and/or Contract Times. 10.1.5 If notice of any change affecting the general scope of the Work or the provisions of the Contract Documents (including, but not limited to, Contract Amount or Contract Times) is required by the provisions of any Bond to be given to a surety,the giving of any such notice will be the CONTRACTOR's responsibility, and the amount of each applicable Bond will be adjusted accordingly. 10.2 Change Orders: 10.2.1 The OWNER and the CONTRACTOR shall execute appropriate written Change Orders covering: .1 a change in the Work; .2 the amount of the adjustment in the Contract Amount, if any;and .3 the extent of the adjustment in the Contract Time, if any. 10.2.2 An executed Change Order shall represent the complete, equitable, and final amount of adjustment in the Contract Amount and/or Contract Time owed to the CONTRACTOR or the OWNER as a result of the occurrence or event causing the change in the Work encompassed by the Change Order. 10.3 Change Directives: 10.3.1 The OWNER may by written Change Directive,without invalidating the Contract,order changes in the Work within the general scope of the Contract consisting of additions, deletions or other revisions, the Contract Amount 00700 04-2020 Page 27 General Conditions and Contract Time being adjusted as necessary. A Change Directive shall be used in the absence of complete and prompt agreement on the terms of a Change Order. 10.3.2 If the Change Directive provides for an adjustment to the Contract Amount, the adjustment shall be based on the method provided for in paragraph 11.5. 10.3.3 A Change Directive shall be recorded later by preparation and execution of an appropriate Change Order. 10.3.4 Upon receipt of a Change Directive, CONTRACTOR shall promptly proceed with the change in the Work involved. 10.4 Field Order: 10.4.1 Owner's Representative may authorize minor variations in the Work from the requirements of the Contract Documents which do not involve an adjustment in the Contract Amount or the Contract Times and are compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. These shall be accomplished by written Field Order and shall be binding on the OWNER and on the CONTRACTOR who shall perform the Work involved promptly. 10.4.2 If the CONTRACTOR believes that a Field Order would require an adjustment in the Contract Amount and/or Contract Times, the CONTRACTOR shall make written request to Owner's Representative for a Change Order. Any request by the CONTRACTOR for an adjustment in Contract Amount and/or Contract Times shall be made in writing prior to beginning the work covered by the Field Order. 10.5 No Damages for Delay: Except as otherwise provided in the Contract Documents, the CONTRACTOR shall receive no compensation for delays or hindrances to the Work. If delay is caused by specific orders given by the OWNER to stop Work for reasons for which the CONTRACTOR is not responsible, or such delay is not caused by active interference in the Work by OWNER for reasons for which the CONTRACTOR is not responsible, then such delay will entitle the CONTRACTOR only to an equivalent extension of time,the CONTRACTOR's application for which shall, however, be subject to approval of the OWNER. No such extension of time shall release the CONTRACTOR or surety on its performance bond from all the CONTRACTOR's obligations hereunder which shall remain in full force until discharge of the Contract. ARTICLE 11 -CHANGE OF CONTRACT AMOUNT 11.1 The Contract Amount is stated in the Agreement and, including authorized adjustments, is the total amount payable by the OWNER to the CONTRACTOR for performance of the Work under the Contract Documents. 11.2 The original Contract Amount may not be increased by more than twenty-five percent(25%)and it may not be decreased more than twenty-five percent(25%)without the consent of the CONTRACTOR to such decrease. 11.3 The Contract Amount shall only be changed by a Change Order. Any claim for an adjustment in the Contract Amount shall be made by Written Notice delivered by the party making the Claim to the other party promptly (but in no event later than thirty(30)calendar days)after the start of the occurrence or event giving rise to the Claim and stating the general nature of the Claim. Notice of the amount of the Claim with supporting data shall be delivered within thirty(30)calendar days after Written Notice of Claim is delivered by claimant, and shall represent that the adjustment claimed covers all known amounts to which claimant is entitled as a result of said occurrence or event. If the OWNER and the CONTRACTOR cannot otherwise agree, all Claims for adjustment in the Contract Amount shall be determined as set out in Article 16. 11.4 Determination of Value of Work: 00700 04-2020 Page 28 General Conditions 11.4.1 The value of any Work covered by a Change Order or of any Claim for an adjustment in the Contract Amount will be determined by one or more of the following methods: .1 by application of unit prices contained in the Contract Documents to the quantities of the items involved. .2 by a mutually agreed lump sum properly itemized and supported by sufficient substantiating data to permit evaluation. .3 by cost of Work plus the CONTRACTOR's fee for all overhead costs and profit(determined as provided in paragraph 11.5). 11.4.2 Before using the method described in paragraph 11.4.1.3, the OWNER and the CONTRACTOR agree to negotiate a Change Order using the methods identified in paragraph 11.4.1.1 and paragraph 11.4.1.2, as appropriate,to determine the adjustment in the Contract Amount. 11.5 Cost of Work: If neither of the methods defined in paragraph 11.4.1.1 or paragraph 11.4.1.2 can be agreed upon before a change in the Work is commenced which will result in an adjustment in the Contract Amount, the OWNER may issue a Change Directive to the CONTRACTOR. If the OWNER elects to issue a Change Directive, CONTRACTOR shall perform the Changed Work and payment will be made as follows: .1 For all personnel, the CONTRACTOR will receive the rate or wage specified in the prevailing wage rates established in Section 00900 for each hour that said personnel are actually engaged in such Work, to which will be added an amount equal to twenty-five percent (25%) of the sum thereof as compensation for the CONTRACTOR's and any affected Subcontractor's total overhead and profit. No separate charge will be made by the CONTRACTOR for organization or overhead expenses. For the cost of premiums on public liability insurance, workers' compensation insurance, social security and unemployment insurance, an amount equal to fifty-five percent (55%) of the wages paid personnel, excluding the twenty-five(25%)compensation provided above,will be paid to the CONTRACTOR. The actual cost of the CONTRACTOR's bond(s) on the extra Work will be paid based on invoices from surety. No charge for superintendence will be made unless considered necessary and ordered by the OWNER. .2 The CONTRACTOR will receive the actual cost, including freight charges, of the materials used on such Work, to which costs will be added a sum equal to twenty-five percent (25%) thereof as compensation for the CONTRACTOR's and any affected Subcontractor's total overhead and profit. In case material invoices indicate a discount may be taken,the actual cost will be the invoice price minus the discount. .3 For machinery,trucks, power tools, or other similar equipment agreed to be necessary by the OWNER and the CONTRACTOR, the OWNER will allow the CONTRACTOR the rate as given in the latest edition of the Associated General Contractors of America "Contractor's Equipment Cost Guide" as published by Dataquest for each hour that said tools or equipment are in use on such work,which rate includes the cost of fuel, lubricants and repairs. No additional compensation will be allowed on the equipment for the CONTRACTOR's overhead and profit. .4 The compensation, as herein provided for, shall be received by the CONTRACTOR and any affected Subcontractor as payment in full for work done by Change Directive and will include use of small tools, and total overhead expense and profit. The CONTRACTOR and the Owner's Representative shall compare records of work done by Change Directive at the end of each day. Copies of these records will be made upon forms provided for this purpose by the OWNER and signed by both Owner's Representative and the CONTRACTOR, with one(1)copy being retained by the OWNER and one(1) by the CONTRACTOR. Refusal by the CONTRACTOR to sign these records within two (2)working days of presentation does not invalidate the accuracy of the record. 00700 04-2020 Page 29 General Conditions 11.6 Unit Price Work: 11.6.1 Where the Contract Documents provide that all or part of the Work is to be unit price Work, initially the Contract Amount will be deemed to include for all unit price work an amount equal to the sum of the established unit price for each separately identified item of unit price work times the estimated quantity of each item as indicated in the Bid. The estimated quantities of items of unit price work are not guaranteed and are solely for the purpose of comparison of Bids and determining an initial Contract Amount. Determinations of the actual quantities and classifications of unit price work performed by the CONTRACTOR will be made by Owner's Representative. Owner's Representative will review with the CONTRACTOR the preliminary determinations on such matters before rendering a written decision thereon (by recommendation of an Application for Payment or otherwise). 11.6.2 When "plan quantity" is indicated for a bid item, the CONTRACTOR shall be paid the amount specified in the Contract Documents without any measurements. 11.6.3 Each unit price will be deemed to include an amount considered by the CONTRACTOR to be adequate to cover the CONTRACTOR's overhead and profit for each separately identified item. 11.6.4 A Major Item is any individual bid item in the Bid that has a total cost equal to or greater than five percent (5%) of the original Contract Amount or $50,000, whichever is greater, computed on the basis of bid quantities and Contract unit prices. 11.6.5 The OWNER or the CONTRACTOR may make a Claim for an adjustment in the Contract Amount in accordance with Article 11 if: .1 the actual quantity of any Major Item should become as much as twenty percent(20%) more than or twenty percent(20%)less than in the Bid; or .2 The CONTRACTOR presents proper documentation contesting the accuracy of"plan quantity," and Owner's Representative verifies quantity and determines original quantity is in error by five percent (5%)or more. 11.6.6 Right to Verify Information: The CONTRACTOR agrees that any designated representative of the OWNER shall have the right to examine the CONTRACTOR's records to verify the accuracy and appropriateness of the pricing data used to price change proposals. Even after a Change Order Proposal has been approved, the CONTRACTOR agrees that if the OWNER later determines the cost and pricing data submitted was inaccurate, incomplete, not current or not in compliance with the terms of this Agreement regarding pricing of change orders, then an appropriate contract price reduction will be made. 11.6.7 Pricing Information Requirements: The CONTRACTOR agrees to provide and require all subcontractors to provide a breakdown of allowable labor and labor burden cost information as outlined herein. This information will be used to evaluate the potential cost of labor and labor burden related to change order work. It is intended that this information represent an accurate estimate of the CONTRACTOR's actual labor and labor burden cost components. This information is not intended to establish fixed billing or change order pricing labor rates. However, at the time change orders are priced the submitted cost data for labor rates may be used to price change order work. The accuracy of any such agreed-upon labor cost components used to price change orders will be subject to later audit. Approved change order amounts may be adjusted later to correct the impact of inaccurate labor cost components if the agreed-upon labor cost components are determined to be inaccurate. ARTICLE 12-CHANGE OF CONTRACT TIMES 12.1 Working Day and Calendar Day Contracts: 12.1.1 The Contract Times (or Milestones) shall only be changed by Change Order or Time Extension Request duly executed by both the CONTRACTOR and Owner's Representative. Any claim for an adjustment of the Contract Times(or Milestones)shall be made by Written Notice delivered by the party making the Claim to the other 00700 04-2020 Page 30 General Conditions party promptly(but in no event later than thirty (30)calendar days)after the start of the occurrence or event giving rise to the delay and stating the general nature of the delay. Notice of the extent of the delay with supporting data shall be delivered within thirty (30) calendar days after Written Notice of Claim is delivered by claimant, and shall represent that the adjustment claimed is the entire adjustment to which claimant is entitled as a result of said occurrence or event. If the OWNER and the CONTRACTOR cannot otherwise agree, all Claims for adjustment in the Contract Times(or Milestones) shall be determined as set out in Article 16. No Claim for an adjustment in the Contract Times(or Milestones)will be valid if not submitted in accordance with the requirements of this paragraph. 12.1.2 When the CONTRACTOR is at fault and the OWNER stops the Work so that corrections in the Work can be made by the CONTRACTOR, then no extension in time will be allowed. 12.1.3 When the CONTRACTOR is prevented from completing any part of the Work within the Contract Times(or Milestones)due to delay for which the CONTRACTOR is not responsible, an extension of the Contract Times (or Milestones)in an amount equal to the time lost due to such delay will be considered by OWNER. Any extension of the Contract Time shall be the CONTRACTOR's sole and exclusive remedy for such delay. However, adverse weather shall not be considered justification for extension of Contract Times on Calendar Day contracts, except as provided for in paragraph 12.2. 12.1.4 The OWNER will consider time extension requests and may grant the CONTRACTOR an extension of time because of: .1 Changes ordered in the Work which justify additional time. .2 Failure of materials or products being at the Project site due to delays in transportation or failures of Suppliers,for which the CONTRACTOR,a Subcontractor or a Supplier is not responsible. The request for an extension of time shall be supported by a recitation of acts demonstrating that such delays were beyond the control of the CONTRACTOR, a Subcontractor or a Supplier including but not limited to, the CONTRACTOR's, the Subcontractor's or the Supplier's efforts to overcome such delays documented as follows: a) Copy of purchase order for delayed item(s) indicating date ordered by the CONTRACTOR/Subcontractor and date purchase order received by Supplier. b) If item(s) require Shop Drawings or other submittal information in accordance with the Contract Documents, provide record of date submittal(s) forwarded to Owner's Representative, date submittal(s) returned to the CONTRACTOR, and date submittal(s)forwarded to Supplier. c) Copy of document(s) from Supplier, on Supplier's letterhead, indicating date(s) item(s)would be ready for shipment and/or actual shipment date(s). d) Copies of all correspondence between the CONTRACTOR/Subcontractor and Supplier indicating the CONTRACTOR/Subcontractor's efforts to expedite item(s). e) If item(s) are being purchased by a Subcontractor, provision of meeting notes, correspondence, and the like which reflect the CONTRACTOR's efforts with the Subcontractor to expedite delivery of the item(s). .3 When acts of the OWNER, E/A, utility owners or other contractors employed by the OWNER delay progress of work through no fault of the CONTRACTOR. .4 When the CONTRACTOR is delayed by strikes, lockouts, fires, losses from natural causes, or other unavoidable cause or causes beyond the CONTRACTOR's control. 12.2 Calendar Day Contracts: 00700 04-2020 Page 31 General Conditions Under a Calendar Day Contract,the CONTRACTOR may also be granted an extension of time because of unusual inclement weather that is beyond the normal weather expected for the Williamson and Travis Counties,Texas area. Normal weather which prevents the CONTRACTOR from performing Work is expected during a Calendar Day Contract, and is not a justification for an extension of time. The following delineates the number of days per month for which,for purposes of Calendar Day Contracts, expected normal weather will prevent performance of Work: January.......................... 7 days February........................ 7 days March............................. 7 days April............................... 7 days May................................ 8 days June................................ 6 days July................................. 6 days August........................... 5 days September..................... 7 days October.......................... 7 days November..................... 7 days December...................... 7 days Days per month exceeding the number shown above may be credited as Rain Days if a Claim is made in accordance with paragraph 12.1.1 and meets the following definition: a"Rain Day"is any day in which a weather event occurs at the site and is sufficient to prevent the CONTRACTOR from performing units of Work critical to maintaining the project schedule during the entire day. ARTICLE 13-TESTS AND INSPECTIONS; AND CORRECTION OR REMOVAL.OF DEFECTIVE WORK 13.1 Notice of Defects: Prompt notice of all defective Work of which the OWNER or E/A has actual knowledge will be given to the CONTRACTOR. All defective Work may be rejected or corrected as provided for in Article 13. 13.2 Access to Work: The OWNER, E/A, E/A's Consultants, other representatives and personnel of the OWNER, independent testing laboratories and governmental agencies having jurisdiction will have unrestricted physical access to the Work site for observing, inspecting and testing. The CONTRACTOR shall provide them proper and safe conditions for such access, and advise them of the CONTRACTOR's site safety procedures and programs so that they may comply therewith as applicable. 13.3 Tests and Inspections: 13.3.1 The CONTRACTOR shall give timely notice of readiness of the Work for all required inspections, tests or approvals, and shall cooperate with inspection and testing personnel to facilitate required inspections or tests. 13.3.2 The OWNER shall employ and pay for services of an independent testing laboratory to perform all inspections,tests or approvals required by the Contract Documents except: .1 for inspections,tests or approvals covered by paragraph 13.3.3 below; .2 for reinspecting or retesting defective Work; and .3 as otherwise specifically provided in the Contract Documents. All testing laboratories shall be those selected by the OWNER. 00700 04-2020 Page 32 General Conditions 13.3.3 If laws or regulations of any public body having jurisdiction require any Work(or part thereof)specifically to be inspected, tested or approved by an employee or other representative of such public body,the CONTRACTOR shall assume full responsibility for arranging and obtaining such inspections, tests or approvals, pay all costs in connection therewith and furnish Owner's Representative the required certificates of inspection or approval. The CONTRACTOR shall also be responsible for arranging and obtaining and shall pay all costs in connection with any inspections, tests or approvals required for the OWNER's and E/A's review of materials or equipment to be incorporated in the Work, or of materials, mix designs or equipment submitted for review prior to the CONTRACTOR's purchase thereof for incorporation in the Work. 13.4 Uncovering Work: 13.4.1 If any Work (or the work of others) that is to be inspected, tested or approved is covered by the CONTRACTOR without concurrence of Owner's Representative, or if any Work is covered contrary to the written request of Owner's Representative, it must, if requested by Owner's Representative, be uncovered and recovered at the CONTRACTOR's expense. 13.4.2 If Owner's Representative considers it necessary or advisable that covered Work be observed, inspected or tested, the CONTRACTOR shall uncover, expose or otherwise make available for observation, inspection or testing that portion of the Work in question, furnishing all necessary labor, material and equipment. If it is found that such Work is defective,the CONTRACTOR shall pay all claims, costs, losses and damages caused by,arising out of or resulting from such uncovering, exposure, observation, inspection and testing and of satisfactory replacement or reconstruction (including but not limited to all costs of repair or replacement of work of others); and the OWNER shall be entitled to an appropriate decrease in the Contract Amount, and may make a Claim therefor as provided in Article 11. If, however, such Work is not found to be defective,the CONTRACTOR shall be allowed an increase in the Contract Amount or an extension of the Contract Times (or Milestones), or both, directly attributable to such uncovering, exposure, observation, inspection, testing, replacement and reconstruction; and the CONTRACTOR may make a Claim therefor as provided in Article 11 and Article 12. 13.5 OWNER May Stop the Work: 13.5.1 If the Work is defective,or the CONTRACTOR fails to supply sufficient skilled workers or suitable materials or equipment, or fails to furnish or perform the Work in such a way that the completed Work will conform to the Contract Documents,the OWNER may order the CONTRACTOR to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however,this right of the OWNER to stop the Work shall not give rise to any duty on the part of the OWNER to exercise this right for the benefit of the CONTRACTOR or any surety or other party. 13.5.2 If the CONTRACTOR fails to correct defective Work or submit a satisfactory plan to take corrective action, with procedure and time schedule, the OWNER may order the CONTRACTOR to stop the Work, or any portion thereof,until cause for such order has been eliminated,or take any other action permitted by this Contract. A notice to stop the Work, based on defects, shall not stop calendar or working days charged to the Project. 00700 04-2020 Page 33 General Conditions 13.6 Correction or Removal of Defective Work: If required by the OWNER,the CONTRACTOR shall promptly,as directed,either correct all defective Work,whether or not fabricated, installed or completed, or, if the Work has been rejected by Owner's Representative, remove it from the site and replace it with Work that is not defective.The CONTRACTOR shall correct or remove and replace defective Work, or submit a plan of action detailing how the deficiency will be corrected, within the time frame identified in the notice of defective Work. The CONTRACTOR shall pay all claims, costs, losses and damages caused by or resulting from such correction or removal(including but not limited to all costs of repair or replacement of work of others), including but not limited to all consultant,engineering,expert and attorney's fees incurred by the OWNER as a result of such defective work or as necessary for OWNER to investigate such defective Work and/or to determine the appropriate means or methods to address or correct such defective Work. The OWNER shall have the right, in OWNER's sole discretion, to have the E/A or other consultant specify the means and methods that will be followed to correct or address any defective Work. If the OWNER specifies a means or method by which the defective Work will be addressed or corrected,the CONTRACTOR shall perform the specified work necessary to address or correct the defective Work at CONTRACTOR's sole cost and expense. 13.7 Warranty period: 13.7.1 If, at anytime after the date of Substantial Completion or such longer period of time as maybe 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,the necessary revisions in the Contract Documents with respect to the Work shall be incorporated in a Change Order. If the parties are unable to agree as to the decrease in the Contract Price, then OWNER may impose a reasonable set-off against payments due under the Contract Documents. If the acceptance of defective Work occurs after final payment, CONTRACTOR shall pay to OWNER the above described costs, expenses and damages incurred by OWNER as a result of OWNER's acceptance of defective Work. ARTICLE 14-PAYMENTS TO CONTRACTOR AND COMPLETION 14.1 Application for Progress Payment: 14.1.1 Not more than once per month, the CONTRACTOR shall submit to Owner's Representative for review an Application for Payment, in a form acceptable to the OWNER,filled out and signed by the CONTRACTOR covering the Work completed as of the date of the Application and accompanied by such supporting documentation as is required by the Contract Documents or as required by OWNER. 14.1.2 Such applications shall not include requests for payment on account of changes in the Work which have been properly authorized by Change Directives but not yet included in Change Orders. 14.1.3 Such applications shall not include requests for payment of amounts the CONTRACTOR does not intend to pay to a Subcontractor or Supplier because of a dispute or other reason. 14.1.4 Owner will not pay for materials or equipment not incorporated in the Work but delivered and suitably stored at the site or at another location. Payment will be made by Owner only for Work completed in accordance with the Contract Documents. 14.1.5 Where the original Contract Amount is less than$400,000,the OWNER will pay to the CONTRACTOR the total amount of approved Application for Payment, less ten percent(10%)of the amount thereof,which ten percent (10%)will be retained until final payment, less all previous payments and less all sums that may be retained by the OWNER under the terms of this Agreement. Where the original Contract Amount is$400,000 or more,the OWNER will pay to the CONTRACTOR the total amount of approved Application for Payment, less five percent(5%) of the amount thereof,which five percent(5%)will be retained until final payment, less all previous payments and less all sums that may be retained by the OWNER under the terms of this Agreement. In either case, if the Work is near completion and delay occurs due to no fault or neglect of the CONTRACTOR, the OWNER may pay a portion of the retained amount to the CONTRACTOR. The CONTRACTOR, at the OWNER's option, may be relieved of the obligation to complete the Work and, thereupon, the CONTRACTOR shall receive payment of the balance due under the Contract subject to the conditions stated under paragraph 15.2. 00700 04-2020 Page 35 General Conditions 14.1.6 Applications for Payment shall include the following documentation: .1 updated progress schedule; .2 monthly subcontractor report; and .3 any other documentation required under the Supplemental General Conditions. 14.2 CONTRACTOR's Warranty of Title: The CONTRACTOR warrants and guarantees that title to all Work, materials and equipment covered by any Application for Payment,whether incorporated in the Project or not,will pass to the OWNER not later than the time of payment to the CONTRACTOR free and clear of all liens. 14.3 Review of Applications for Progress Payment: 14.3.1 Owner's Representative will,within seven (7)calendar days after receipt of each Application for Payment, either indicate a recommendation for payment and forward the Application for processing by the OWNER,or return the Application to the CONTRACTOR indicating Owner's Representative's reasons for refusing to recommend payment. In the latter case,the CONTRACTOR may make the necessary corrections and resubmit the Application. 14.3.2 Owner's Representative's recommendation of any payment requested in an Application for Payment will constitute a representation by Owner's Representative, based upon Owner's Representative's on-site observations of the executed Work and on Owner's Representative's review of the Application for Payment and the accompanying data and schedules,that to the best of Owner's Representative's knowledge, information and belief: .1 the Work has progressed to the point indicated; and .2 the quality of the Work is in accordance with the Contract Documents (subject to an evaluation of the Work as a functioning whole prior to or upon Substantial Completion,to the results of any subsequent tests called for in the Contract Documents, to a final determination of quantities and classifications for unit price Work, and to any other qualifications stated in the recommendation). 14.3.3 By recommending any such payment, Owner's Representative will not thereby be deemed to have represented that: .1 inspections have been made to check the quality or the quantity of the Work or that the Work has been performed in accordance with the Contract Documents; .2 examination has been made to ascertain how or for what purpose the CONTRACTOR has used money previously paid on account of the Contract Amount; .3 the CONTRACTOR's construction means, methods,techniques, sequences or procedures have been reviewed; or .4 that there may not be other matters or issues between the parties that might entitle the CONTRACTOR to be paid additionally by the OWNER or entitle the OWNER to withhold payment to the CONTRACTOR. 14.4 Decisions to Withhold Payment: 14.4.1 The OWNER may withhold or nullify the whole or part of any payment to such extent as maybe necessary on account of: .1 defective Work not remedied; 00700 04-2020 Page 36 General Conditions .2 reasonable evidence that the Work cannot be completed for the unpaid balance of the Contract Amount; .3 damage to the OWNER or another contractor; .4 reasonable evidence that the Work will not be completed within the Contract Time,and that the unpaid balance would not be adequate to cover actual or liquidated damages for the anticipated delay; .5 failure of the CONTRACTOR to submit a schedule of values in accordance with the Contract Documents; .6 failure of the CONTRACTOR to submit a submittal schedule in accordance with the Contract Documents; .7 failure of the CONTRACTOR to submit or update construction schedules in accordance with the Contract Documents; .8 failure of the CONTRACTOR to maintain a record of changes on drawings and documents; .9 failure of the CONTRACTOR to maintain weekly payroll reports; .10 failure of the CONTRACTOR to submit monthly subcontractor reports; .11 the CONTRACTOR's neglect or unsatisfactory prosecution of the Work, including failure to clean up; or .12 failure of the CONTRACTOR to comply with any provision of the Contract Documents. .13 OWNER's disagreement with the recommendation of the Owner's Representative, provided the OWNER has provided a Written Notice to the CONTRACTOR specifying the reasons why OWNER does not agree with such recommendation. 14.4.2 When the above reasons for withholding payment are removed, the CONTRACTOR shall resubmit a statement for the value of Work performed. Payment will be made within thirty (30) calendar days of receipt of approved Application for Payment. 14.5 Delayed Payments: Should the OWNER fail to make payment to the CONTRACTOR of a sum named in any Application for Payment with which OWNER agrees and has approved for payment within thirty(30) calendar days after the day on which the OWNER received the mutually acceptable Application for Payment, then the OWNER will pay to the CONTRACTOR, in addition to the sum shown as due by such Application for Payment, interest thereon at the rate of one percent (1%) per month from date due until fully paid, which shall fully liquidate any injury to the CONTRACTOR growing out of such delay in payment. 14.6 Arrears: No money shall be paid by the OWNER upon any claim, debt, demand or account whatsoever,to any person,firm or corporation who is in arrears to the OWNER;and the OWNER shall be entitled to counterclaim and offset against any such debt, claim, demand or account so in arrears and no assignment or transfer of such debt, claim, demand or account, shall affect the right of the OWNER to so offset said amounts, and associated penalties and interest if applicable, against the same. 00700 04-2020 Page 37 General Conditions 14.7 Substantial Completion: 14.7.1 If a Certificate of Occupancy is required by public authorities having jurisdiction over the Work, said certificate shall be issued before the Work or any portion thereof is considered substantially complete. When the CONTRACTOR considers that the Work, or a portion thereof which the OWNER agrees to accept separately, is substantially complete, the CONTRACTOR shall notify Owner's Representative and request a determination as to whether the Work or designated portion thereof is substantially complete. If Owner's Representative does not consider the Work substantially complete, Owner's Representative will notify the CONTRACTOR giving reasons therefor. Failure on the OWNER's part to list a reason does not alter the responsibility of the CONTRACTOR to complete all Work in accordance with the Contract Documents. After satisfactorily completing items identified by Owner's Representative, the CONTRACTOR shall then submit another request for Owner's Representative to determine substantial completion. If Owner's Representative considers the Work substantially complete, Owner's Representative will prepare and deliver a certificate of Substantial Completion which shall establish the date of Substantial Completion, shall include a punch list of items to be completed or corrected before final payment, shall establish the time within which the CONTRACTOR shall finish the punch list, and shall establish responsibilities of the OWNER and the CONTRACTOR for security, maintenance, heat, utilities, damage to the Work, warranty and insurance. Failure to include an item on the punch list does not alter the responsibility of the CONTRACTOR to complete all Work in accordance with the Contract Documents. The certificate of Substantial Completion shall be signed by the OWNER and the CONTRACTOR to evidence acceptance of the responsibilities assigned to them in such certificate. 14.7.2 The OWNER shall have the right to exclude the CONTRACTOR from the Work after the date of Substantial Completion, but the OWNER will allow the CONTRACTOR reasonable access to complete or correct items on the punch list. 14.8 Partial Utilization: The OWNER, at the OWNER's sole option, shall have the right to take possession of and use any completed or partially completed portion of the Work regardless of the time for completing the entire Work. The OWNER's exercise of such use and possession shall not be construed to mean that the OWNER acknowledges that any part of the Work so possessed and used is substantially complete or that it is accepted by OWNER, and the OWNER's exercise of such use and possession shall not relieve the CONTRACTOR of its responsibility to complete all Work in accordance with the Contract Documents. 14.9 Final Inspection: Upon Written Notice from the CONTRACTOR that the entire Work or an agreed portion thereof is complete,Owner's Representative will make a final inspection with the CONTRACTOR and provide Written Notice of all particulars in which this inspection reveals that the Work is incomplete or defective. The CONTRACTOR shall immediately take such measures as are necessary to complete such Work or remedy such deficiencies. 14.10 Final Application for Payment: The CONTRACTOR may make application for final payment following the procedure for progress payments after the CONTRACTOR has completed all such corrections to the satisfaction of Owner's Representative and delivered the following documents: .1 Three(3)complete operating and maintenance manuals, each containing maintenance and operating instructions,schedules,guarantees, and other documentation required by the Contract Documents; .2 Record documents (as provided in paragraph 6.10); .3 Consent of surety, if any, to final payment. If surety is not provided, complete and legally effective releases or waivers(satisfactory to the OWNER) of all claims arising out of or filed in connection with the Work; 00700 04-2020 Page 38 General Conditions .4 Certificate evidencing that insurance required by the Supplemental General Conditions will remain in force after final payment and through any warranty period; .5 Non-Use of Asbestos Affidavit(After Construction); and .6 Any other documentation called for in the Contract Documents. 14.11 Final Payment and Acceptance: 14.11.1 If, on the basis of observation of the Work during construction, final inspection, and review of the final Application for Payment and accompanying documentation as required by the Contract Documents, Owner's Representative is satisfied that the Work has been completed and the CONTRACTOR's other obligations under the Contract Documents have been fulfilled, Owner's Representative will recommend the final Application for Payment and thereby notify the OWNER. If the OWNER agrees with the recommendation of the Owner's Representative, the OWNER will pay to the CONTRACTOR the balance due the CONTRACTOR under the terms of the Contract. 14.11.2 As Contract Time is measured to Final Completion, Owner's Representative will issue a letter of final acceptance to the CONTRACTOR which establishes the Final Completion date and initiates any warranty period. 14.11.3 Final payment is considered to have taken place when the CONTRACTOR or any of its representatives negotiates the OWNER's final payment check, whether labeled final or not, for cash or deposits check in any financial institution for its monetary return. 14.12 Waiver of Claims: The making and acceptance of final payment will constitute: .1 a waiver of claims by the OWNER against the CONTRACTOR, except claims arising from unsettled claims, from defective Work appearing after final inspection, from failure to comply with the Contract Documents or the terms of any warranty specified therein, or from the CONTRACTOR's continuing obligations under the Contract Documents; and .2 a waiver of all claims by the CONTRACTOR against the OWNER other than those previously made in writing and still unsettled. ARTICLE 15-SUSPENSION OF WORK AND TERMINATION 15.1 OWNER May Suspend Work Without Cause and for Convenience: At any time and without cause and for convenience,the OWNER may suspend the Work or any portion thereof for a period of not more than ninety(90)calendar days by written agreement or by Written Notice to the CONTRACTOR which will fix the date on which the Work will be resumed. The CONTRACTOR shall resume the Work on the date so fixed. The CONTRACTOR maybe allowed an adjustment in the Contract Amount or an extension of the Contract Times,or both,directly attributable to any such suspension if the CONTRACTOR makes an approved Claim therefor as provided in Article 11 and Article 12. 15.2 OWNER May Terminate Without Cause: Upon seven(7)calendar days'Written Notice to the CONTRACTOR, the OWNER may,without cause and without prejudice to any right or remedy of the OWNER, elect to terminate the Agreement. In such case, the CONTRACTOR shall be paid(without duplication of any items): .1 for completed and acceptable Work executed in accordance with the Contract Documents prior to the effective date of termination; 00700 04-2020 Page 39 General Conditions .2 for all claims incurred insettlement ofterminated contracts with Suppliers, Subcontractors,and others, The CONTRACTOR agrees tonegotiate ingood faith with Subcontractors, Suppliers and others to mitigate the OVVNER'w cost CONTRACTOR ahe|| include in any subcontract or purchase order language that provides that if the Agreement is terminated without cause, the Subcontractor and Suppliers will only bepaid for work performednrmatehm|smndequipmentmupp|iedandshaUnothave any other claims against CONTRACTOR urOWNER; CONTRACTOR shall not bapaid for any profit uroverhead for Work not completed. 15'3 OWNER May Terminate With Cause: 15'3'1 Upon the occurrence ofany one ormore ofthe 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 ifthe CONTRACTOR disregards the authority ofOwners Representative; .4 |fthe CONTRACTOR makes fraudulent etatemen�� . '5 if the CONTRACTOR fails to maintain m work force adequate to accomplish the Work within the Contract Time; . '6 ifthe CONTRACTOR fails tomake adequate progress and endangers successful completion ofthe Contract; or '7 if the CONTRACTOR otherwise violates any provisions of the Contract Documents; The OWNER may, after giving the CONTRACTOR(and the surety, ifany)seven (7)calendar da 'VVhtteNotice terminate the services ofthe CONTRACTOR. The OWNER,otits 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 nmobmrio|m and equipment stored at the site or for xvh|oh 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 toreceive any further payment until the Work iafinished. |fthe unpaid balance of the Contract Amount exceeds all claims, costs, losses and damages sustained by the OWNER arising out oforresulting from completing the Work, such excess will bepaid tothe CONTRACTOR. |fsuch claims,costs, |oamoa and damage exceed such unpaid balance, the CONTRACTOR or surety ohmU pay the difference to the OWNER. 15'3'2 Where the C[)NTRy\CTQR'a man/ioeo have been so terminated by the OVVNER, 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 orpayment ofemountoduethmCUNTRA[TORbytheC)VVNERvviUnotna|ease the CONTRACTOR from liability. |nthe event the OWNER terminates the Contract with cause, the OWNER may reject any and all bids submitted bythe CONTRACTOR for uptothree(3)years. 00700 04'2020 Page 40 General Conditions 15.4 CONTRACTOR May Stop Work or Terminate: If through no act or fault of the CONTRACTOR,the Work is suspended for a period of more than ninety(90)calendar days by the OWNER or under an order of court or other public authority, or (except during disputes) Owner's Representative fails to forward for processing any mutually acceptable Application for Payment within thirty (30) calendar days after it is submitted, or(except during disputes)the OWNER fails for sixty(60)calendar days after it is submitted to pay the CONTRACTOR any sum finally determined by the OWNER to be due, then the CONTRACTOR may, upon seven(7)calendar days'Written Notice to the OWNER,and provided the OWNER does not remedy such suspension or failure within that time, terminate the Agreement and recover from the OWNER payment on the same terms as provided in paragraph 15.2. In lieu of terminating the Agreement and without prejudice to any other right or remedy, if(except during disputes)Owner's Representative has failed to forward for processing any mutually acceptable Application for Payment within thirty(30)calendar days after it is submitted, or (except during disputes) the OWNER has failed for sixty (60) calendar days after it is submitted to pay the CONTRACTOR any sum finally determined by the OWNER to be due, the CONTRACTOR may upon seven (7) calendar days' Written Notice to the OWNER stop the Work until payment of all such amounts due the CONTRACTOR, including interest thereon. The provisions of this paragraph 15.4 are not intended to preclude the CONTRACTOR from making a Claim under Article 11 and Article 12 for an increase in Contract Amount or Contract Times or otherwise for expenses or damage directly attributable to the CONTRACTOR's stopping Work as permitted by this paragraph. ARTICLE 16-DISPUTE RESOLUTION 16.1 Filing of Claims: 16.1.1 Claims arising from the circumstances identified in paragraphs 3.2, 4.1, 4.2.2, 4.2.4, 6.4.2, 6.11.5.2, 6.17, 7.5,8.6,9.5, 10.4.2, 13.8, 15.1, 15.2, 15.3,or 15.4,or other occurrences or events,shall be made by Written Notice delivered by the party making the Claim to the other party within thirty (30) calendar days after the start of the occurrence or event giving rise to the Claim and stating the general nature of the Claim. Notice of the amount of the Claim with supporting data shall be delivered within thirty (30) calendar days after Written Notice of Claim is delivered by claimant and shall represent that the adjustment claimed covers all known amounts to which claimant is entitled. 16.1.2 Within thirty(30)calendar days of receipt of notice of the amount of the Claim with supporting data,Owner's Representative and the CONTRACTOR shall meet to discuss the Claim, after which an offer of settlement or notification of no settlement offer will be made to claimant. If claimant is not satisfied with the proposal presented, claimant shall have thirty(30)calendar days in which to: .1 submit additional supporting data requested by the other party; .2 modify the initial Claim;or .3 request Alternative Dispute Resolution. 16.2 Alternative Dispute Resolution: 16.2.1 If a dispute exists concerning a Claim, the parties agree to use the following procedure prior to pursuing any other available remedies. The OWNER reserves the right to include EJA as a party. 16.2.2 Negotiating with Previously Uninvolved Personnel: Either party may make a written request for a meeting to be held between representatives of each party within fourteen (14) calendar days of the request or such later period that the parties may agree to. Each party shall endeavor to include, at a minimum, one (1) previously uninvolved senior level decision maker empowered to negotiate on behalf of their organization. The purpose of this and subsequent meetings will be good faith negotiations of the matters constituting the dispute. Negotiations shall be concluded within thirty(30)calendar days of the first meeting, unless mutually agreed otherwise. This step may 00700 04-2020 Page 41 General Conditions be waived by written agreement of both parties, in which event the parties may proceed directly to mediation as described below. 16.2.3 Mediation: 16.2.3.1 If the procedure described in paragraph 16.2.2 proves unsuccessful or is waived pursuant to its terms, the parties shall initiate the mediation process. The parties agree to select within thirty(30)calendar days one(1) mediator trained in mediation skills, to assist with resolution of the dispute. The OWNER and the CONTRACTOR agree to act in good faith in the selection of the mediator and to give consideration to qualified individuals nominated to act as mediator. Nothing in this agreement prevents the parties from relying on the skills of a person who also is trained in the subject matter of the dispute and/or a contract interpretation expert. 16.2.3.2 Mediation is a forum in which an impartial person, the mediator, facilitates communication between parties to promote reconciliation, settlement, or understanding among them. The parties hereby agree that mediation, at a minimum, shall provide for 1)conducting an on-site investigation, if appropriate, by the mediator for fact-gathering purposes, 2) a meeting of all parties for the exchange of points of view and 3) separate meetings between the mediator and each party to the dispute for the formulation of resolution alternatives. The parties agree to participate in mediation in good faith for up to thirty(30)calendar days from the date of the first mediation session, unless mutually agreed otherwise. Should the parties fail to reach a resolution of the dispute through mediation, then each party is released to pursue other remedies available to them. ARTICLE 17—RIGHT TO AUDIT 17.1 Right to Audit: Whenever the OWNER enters into any type of contractual arrangement with the CONTRACTOR, then the CONTRACTOR's "records" shall upon reasonable notice be open to inspection and subject to audit and/or reproduction during normal business working hours. The OWNER's representative, or an outside representative engaged by the OWNER, may perform such audits. The CONTRACTOR shall maintain all records relating to this Agreement for four (4) years from the date of final payment under this Agreement, or until pending litigation has been completely and fully resolved,whichever occurs later. 17.1.1 The OWNER shall have the exclusive right to examine the records of the CONTRACTOR. The term "records"as referred to herein shall include any and all information, materials and data of every kind and character, including without limitation records,books, papers,documents,contracts,schedules,commitments,arrangements, notes, daily diaries, reports, drawings, receipts, vouchers and memoranda, and any and all other agreements, sources of information and matters that may, in the OWNER's judgment, have any bearing on or pertain to any matters, rights, duties or obligations under or covered by any contract document. Such records shall include(hard copy, as well as computer-readable data if it can be made available), written policies and procedures,time sheets, payroll registers, cancelled checks, personnel file data, correspondence, general ledger entries, and any other record in the CONTRACTOR's possession which may have a bearing on matters of interest to the OWNER in connection with the CONTRACTOR's dealings with the OWNER(all of the foregoing are hereinafter referred to as "records"). In addition,the CONTRACTOR shall permit interviews of employees as well as agents, representatives, vendors, subcontractors and other third parties paid by the CONTRACTOR to the extent necessary to adequately permit evaluation and verification of the following: a) The CONTRACTOR's compliance with contract requirements; b) The CONTRACTOR's compliance with the OWNER'S business ethics policies; and c) If necessary, the extent of the Work performed by the CONTRACTOR at the time of contract termination. 17.1.2 The CONTRACTOR shall require all payees(examples of payees include subcontractors,insurance agents, material suppliers, etc.) to comply with the provisions of this Article 17 by securing the requirements hereof in a 00700 04-2020 Page 42 General Conditions written agreement between the CONTRACTOR and payee. Such requirements include mflow-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 CONTFACT(]R'm subcontractors tocooperate fully infurnishing nrinmaking available tothe OWNER from time totime 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 fnci|idem, mhoU be allowed to interview all current or former employees to discuss mnoUema pertinent to the performance of this Agreement, and shall be provided adequate and appropriate work space inorder toconduct audits in compliance with this Article 17. 17'1'4 If an audit inspection or examination in accordance with this Article 17 discloses overpricingovercharges of any nature by the CONTRACTOR to the OWNER in excess of one-half of one percent(.5%)of the total contract biUingm, then the reasonable actual cost of the OVVNER'm audit shall be reimbursed to the OWNER by the CONTRACTOR. Any adjustments and/or payments,which must be made as a result of any such audit or inspection of the CONTRACTOR's invoices and/or records, shall be made within a reasonable amount pftime(not toexceed BOdays)from presentation ofthe(]VVNER's findings bnthe CONTRACTOR. 17-1-5 The CONTRACTOR shall take reasonable actions tuprevent any actions nrconditions which could result inoconflict with the(3VVNER'mbest interests. These obligations shall apply tothe activities ofthe CONTR\CTOR'm mmp|nyeem, agenbo, subcontnactona, etc. in their dealings and relations with the OVVNER|'scurrent and former employees and their relatives. For example,the CONTRACTOR's employees,agents or subcontractors should not make or provide to be made any emp|oymont, gifts, extravagant entertainment, payments, loans or other considerations to the OWNER's representatives, employees or their relatives. 17'1.6 |tioalso understood and agreed bvthe CONTRACTOR that any solicitation of giftsorany other item of value by anyone representing the OWNER is to be reported within two (2) business working days to the OWNER sdthe following telephone number: 512-218-5401. Failure toreport any such solicitations oroffers shall badeemed 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: |nthe event ofany suit otlaw urinequity involving the Contract, venue shall beinWilliamson County, Texas and the laws ofthe state ofTexas shall apply hzContract 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 buthe parties are not tobeconstrued inany way as alimitation ofany rights and remedies available to any or all of them which are otherwise imposed or available by laws or regulations, by special warranty or guaranteesprbyotherpnoviwionsnftheCordrmctDocumenh^'mndthepr#xis|pnw#fthisparmgnaphxxiU be mmeffective am if repeated specifically in the Contract Documents in connection with each particular duty, ob|igotion, right and remedy towhich they apply. 00700 04~2020 Page 43 General Conditions 18.4 Severability: If any word, phrase, clause, sentence or provision of the Contract, or the application of same to any person or set of circumstances is for any reason held to be unconstitutional, invalid or unenforceable,that finding shall only effect such word, phrase, clause, sentence or provision, and such finding shall not effect the remaining portions of this Contract; this being the intent of the parties in entering into the Contract; and all provisions of the Contract are declared to be severable for this purpose. 18.5 Independent Contractor The Contract shall not be construed as creating an employer/employee relationship,a partnership,or a joint venture. The CONTRACTOR's services shall be those of an independent contractor. The CONTRACTOR agrees and understands that the Contract does not grant any rights or privileges established for employees of the OWNER. 18.6 Prohibition of Gratuities The OWNER may, by Written Notice to the CONTRACTOR,terminate the Contract without liability if is determined by the OWNER that gratuities were offered or given by the CONTRACTOR or any agent or representative of the CONTRACTOR to any officer or employee of the OWNER with a view toward securing the Contract or securing favorable treatment with respect to the awarding or amending or the making of any determinations with respect to the performing of such Contract. In the event the Contract is terminated by the OWNER pursuant to this provision, the OWNER shall be entitled, in addition to any other rights and remedies,to recover or withhold the amount of the cost incurred by the CONTRACTOR in providing such gratuities. 18.7 Prohibition Against Personal Interest in Contracts No officer,employee,independent consultant,or elected official of the OWNER who is involved in the development, evaluation, or decision-making process of the performance of any solicitation shall have a financial interest, direct or indirect, in the Contract resulting from that solicitation. Any violation of this provision, with the knowledge, expressed or implied, of the CONTRACTOR shall render the Contract voidable by the OWNER. End of General Conditions 00700 04-2020 Page 44 General Conditions 00800 SUPPLEMENTAL GENERAL CONDITIONS City of Round Rock Contract Forms Supplemental General Conditions Section 00800 SUPPLEMENTAL GENERAL CONDITIONS TO AGREEMENT FOR CONSTRUCTION SERVICES The Supplemental General Conditions contained herein shall amend or supplement the General Conditions, Section 00700. ARTICLE 1 -DEFINITIONS 1.16 Engineer/Architect(EIA): Add the following: Name(Representative): David Freireich Firm: City of Round Rock Address: 3400 Sunrise Rd City, State, Zip: Round Rock TX 78665 Telephone: 512-671-2756 Facsimile: Email: dfreireich(a7,roundrocktexas.gov 1.27 Owner's Representative: Add the following: Name: David Freireich Title: Principal Engineer Address: 3400 Sunrise Rd City, State,Zip: Round Rock TX 78665 Telephone: 512-671-2756 Facsimile: Email: dfreireich(i4oundrocktexas.gov ARTICLE 6-CONTRACTOR'S RESPONSIBILITIES 6.18 Liquidated Damages Add the following: 1. CONTRACTOR SHALL PAY LIQUIDATED DAMAGES IN THE AMOUNT OF five hundred AND NO/100 DOLLARS $500 PER DAY FOR EACH DAY BEYOND THE DATE ESTABLISHED THEREFOR THAT THE CONTRACTOR FAILS TO ACHIEVE SUBSTANTIAL COMPLETION, AND FOR WHICH OWNER IS UNABLE TO UTILIZE THE IMPROVEMENTS AND FACILITIES DUE TO THE FAILURE OF CONTRACTOR TO HAVE ACHIEVED SUBSTANTIAL COMPLETION IN ACCORDANCE WITH THE CONTRACT. END OF SUPPLEMENTAL GENERAL CONDITIONS Page 1 00800 10-2015 Supplemental General Conditions 00090669 00900 SPECIAL CONDITIONS SECTION 014NFORMATION 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 famish to the CONTRACTOR one (1) copy of conforming Contract Documents and Specifications unless otherwise requested. 01-02 GOVERNING CODES All construction as provided for under the Contract Documents shall be governed by any existing Resolutions,Codes and Ordinances, and any subsequent amendments or revisions thereto as set forth by the OWNER. 01-03 LOCATION The location of work shall be as set forth in the Notice to Bidders and as indicated in the Contract Documents. 01-04 USAGE OF WATER All water used during construction shall be provided by the OWNER and shall be metered. The OWNER shall specify the location from which the CONTRACTOR is to procure water. The CONTRACTOR shall be responsible for obtaining a bulk water permit from the OWNER and providing all apparatus necessary for procuring,storing, transporting and using water during construction.The CONTRACTOR shall strive to use no more water than reasonable to perform the work associated with this Contract and shall avoid waste.The CONTRACTOR will be required to pay for all water used if it is found that waste is occurring during construction. SECTION 02-SPECIAL CONSIDERATIONS 02-01 CROSSING UTILITIES Prior to commencing the Work associated with this Contract, it shall be the CONTRACTOR's responsibility to make arrangements with the owners of utility companies to uncover their particular utility lines or otherwise confirm their location. Certain utility companies perform such services at their own expense,however,where such is not the case, the CONTRACTOR will cause such work to be done at his own expense. 02-02 UTILITY SERVICES FOR CONSTRUCTION The CONTRACTOR will be responsible for providing its own utility services while performing the Work associated with this Contract. Provision of said utility services shall be subsidiary to the various bid items and no additional payment will be made for this item. 00900-4-2020 Page 1 Special Conditions 00443643 02-03 WAGE RATES Wage Rates(Information From Chapter 2258,Texas Government Code Title 10) 2288.021. Duty of Government Entity to Pay Prevailing Wage Rates a. The State or any political subdivision of the State shall pay a worker employed by it or on behalf of it: (1) not less than the general prevailing rate of per diem wages for work of a similar character in the locality in which the work is performed; and (2) not less than the general prevailing rate of per diem wages for legal holiday and overtime work. b. Subsection(a)does not apply to maintenance work. C. A worker is employed on a public work for the purposes of this section if a Contractor or Subcontractor in the execution of a contract for the public work with the State, a political subdivision of the State or any officer or public body of the State or a political subdivision of the State,employs the worker. 2258.023. Prevailing Wage Rates to be Paid by Contractor and Subcontractor; Penalty a. The contractor who is awarded a contract by a public body,or a Subcontractor of the Contractor, shall pay not less than the rates determined under Section 2258.022 to a worker employed by it in the execution of the contract. b. A Contractor or Subcontractor who violates this section shall pay to the state or a political subdivision of the state on whose behalf the contract is made,$60 for each worker employed for each calendar day or part of the day that the worker is paid less than the wage rates stipulated in the contract.A public body awarding a contract shall specify this penalty in the contract. C. A contractor or subcontractor does not violate this section if a public body awarding a contract does not determine the prevailing wage rates, and specify the rates in the contract as provided by Section 2258.022. d. The public body shall use any money collected under this section to offset the costs incurred in the administration of this chapter. e. A municipality is entitled to collect a penalty under this section only if the municipality has a population of more than 10,000. 00900-4-2020 Page 2 Special Conditions 00443643 2258.051. Duty of Public Body to Hear Complaints and Withhold Payment A public body awarding as contract, and an agent or officer ofthe public body, shall: take cognizance ofcomplaints ofall violations of this chapter committed in the execution of the contract,, and 2. withhold money forfeited or required to be withheld under this Chapter frorn the payments to the Contractor under the contract, except that the public body ni,.,iy not withhold money from other than the final payment Without determination by the public body that there is ('300d UILISe to 116CVC that the Contractor has violated this chapter. Applicable wage rates tra be used in Williamson and/or Travis County may be obtained from the U.S. Department of Labor website at the following web addresses: C0IIStl-LICtI0II TYPCSI leavy (Sewer/Witer "Freating Plant and Sewer/Incidental to I-Ilghway) onstruction Typcs� Fleavy and Hitullway f 6cIvh?,v=0 01IStRIC601-1 Type� BUildill" ac0n/TX76.dvh?v—j 02-04 LIMITOF FINANCIAL RESOURCES The OWNER has a limited amount of financial resources committed to this Pi,o.jcct,, therefore, it shall be understood by all bidders that the OWNER may be required to change and/or delete any iters which it may feel is necessary to accomplish all or part of the scope ofwvork \v ithin its limit of financial ITSOUrCCS. C ONTRACTOR shall be entitled taxa no claim for damages or anticipated profits on any portion of'work that may be emitted. At any time dUrilIg file duration of this contract, the OWNFIR reserves, the right to omit any work from this contract. UnIL prices for all iterns previously approved in this contract shall be used to delete or add work per change order. 02-05 LIMITS OF WORK AND PAYMEN'r It shall be the obligation oftlic C()NTRACTOR to complete all work included in this Contract, so authorized by the:, OWNER, as described in the contract documents and technical specifications. All items Of'work not specifically paid for in the bid proposal shall be included in the 11111t Pa-lCc bids. Any question arising as to the hinks cal"work shall be left up to the interpretation ofthe F"/A. 00900-4-2020 Page 3 special Condition., 00443643 02-06 LAND FOR WORK OWNER provides, as indicated on Drawings, land upon which work is to be done, right-of-way for access to same and such other lands that are designated for the use of the CONTRACTOR.CONTRACTOR provides,at his expense and without liability of OWNER, any additional land and access thereto that may be required for his construction operations,temporary construction facilities, or for storage of materials. 02-07 DEVIATIONS OCCASIONED BY UTILITY STRUCTURES Whenever existing utilities, not indicated on the Drawings, present obstructions to grade and alignment of proposed improvements immediately notify engineer, who without delay, will determine if existing utilities are to be relocated, or grade and alignment of proposed improvements changed. Where necessary to move existing utilities and appurtenances as determined by the E/A, the E/A and CONTRACTOR will make relocation arrangements with the utility owner. The OWNER will not be liable for delay costs or damages due to relocations of utilities which hinder progress of the work. 02-08 CONSTRUCTION STAKING All construction staking required to complete the work associated with this contract shall be provided by the CONTRACTOR. The CONTRACTOR shall be responsible for determining the layout and extent of staking necessary to construct the improvements to the lines and grades shown in the Drawings and such staking shall be satisfactory to the E/A. The CONTRACTOR shall consult with the E/A and Owners Representative in the field for assistance as necessary. Sufficient staking materials and equipment shall be provided by the CONTRACTOR including but not limited to:paint, flagging,laths,hubs,blue tops,nails,hammers,measuring chains or tapes,transits and levels. The CONTRACTOR shall be responsible for setting and marking control and off-set points for measuring distances and angles,for shooting levels,and for any other items pertaining to construction staking. This item shall not be paid for separately and shall be considered subsidiary to other bid items. 009004-2020 Page 4 Special Conditions 00443643 SECTION 03-ACCESS AND TRAFFIC CONTROL Access shall be provided for the public and emergency vehicles at all possible times. When it becomes necessary to restrict access, the CONTRACTOR shall notify the OWNER and coordinate with the OWNER, all applicable agencies (i.e. Fire Department,E.M.S.,Public Works,etc.),residents,and affected parties.If emergency access is required during the work and such access is being hindered by the work, the CONTRACTOR will suspend the work if necessary,and otherwise endeavor to assist emergency personnel in accessing a location restricted by the work. Unless otherwise approved by the EJA, 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. 009004-2020 Page 5 Spccial Conditions 00443643 01000 TECHNICAL SPECIFICATIONS ITEM I GENERAL DESCRIPTION 1.01 SCOPE OF WORK The Work covered by these Specifications consists of furnishing all labor, equipment, appliances, materials and performing all operations in connection with the inspection and testing, complete in accordance with the Plans, and subject to the terms and conditions of the Contract Docurrients. 1.02 GOVERN I[NGTEC III N I CAL SPECIFICATIONS STREET, WA'rER, SEWER AND DRAINAGE IMPROVEMENTS The Round Rock Standard Spccification Criteria Manual is hereby ref erred to and Included in this contract as fully and to the sarric extent as if copied at length hercin, and shall be applied to this project unless modified e1scwhere as discussed below. Thc aforementioned Criteria Manual is the"Standard Specifications" section oftlic City of. Round Rock Design and Construction Standards. T tic Standard Specifications may be accessed from the City of ROUnd Rock website a( (lie following web address: WWW.I-OLIlidt-ocktcx�i,.,,.,(,qw,'(i',tcs. Any adjustments, alterations,or additional information regarding Govci-ning'Fechnical Specifications are contained in the Plans (Drawings), Details and Notes described in Section 02000 ol'the Pro'ject Manual or are included in Attachment A at the end ofthis Technical Specifications Section. ITEM 2 CONTROL OF WORK 2.01 CLEAN-UP 2.01.1 CON STRucriON SITE Miring construction, the CONTRACTOR shall keep the site Free and c1can fron'i, all rubbish and debris and shall c1can-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 fraena dust, mud, excess earth or debris which constitutes a nuisance or danger to the public using the thoroughfare, or the occupants of adjacent properties. Care shall be takcri to prevent spillage on streets and roads over which hauling is done, and any such spillage or debris deposited on streets, due to the CONTRACTOR's operations, shall be immediately removed, Page I 01000-4- 020 Technical specificahon's 00443645 2.01.2 BACKWORK The CONTRACTOR shall coordinate his operations in such a manner as to prevent the amount of clean-up and completion of back works from becoming excessive. Should such a condition exist,the E/A may order all or portions of the work to cease and refuse to allow any work to commence until the back work is done to the E/A's satisfaction. 2.02 GRADING The CONTRACTOR shall do such grading in and adjacent to the construction area associated with this contract as may be necessary to leave such areas in a neat and satisfactory condition approved by the E/A. ITEM 3 EXAMINATION AND REVIEW 3.01 EXAMINATION OF WORK The work covered under this Contract shall be examined and reviewed by the E/A, representatives of all governmental entities which have jurisdiction, and the Owner's Representative. The quality of material and the quality of installation of the improvements shall be to the satisfaction of the E/A. It shall be the CONTRACTOR's responsibility for the construction methods and safety precautions in the undertaking of this Contract. 3.02 NOTIFICATION The E/A and the OWNER must be notified a minimum of 24-hours in advance of beginning construction,testing,or requiring presence of the E/A,Owner's or Owner's Representative. 3.03 CONSTRUCTION STAKING The E/A shall furnish the CONTRACTOR reference points and benchmarks that, in the E/A's opinion, provide sufficient information for the CONTRACTOR to perform construction staking. 3.04 PROTECTION OF STAKES, MARKS,ETC. All engineering and surveyor's stakes, marks,property comers, etc., shall be carefully preserved by the CONTRACTOR, and in case of destruction or removal during the course of this project, such stakes, marks, property comers, etc., shall be replaced by the CONTRACTOR at the CONTRACTOR's sole expense. Page 2 01000-4-2020 Technical Specifications 00443645 ITEM 4 PROTECTION AND PRECAUTION 4.01 WORK IN FREEZING WEATHER Portions of the work may continue as directed by the E/A. 4.02 PROTECTION OF TREES,PLANTS AND SHRUBS The CONTRACTOR shall take necessary precautions to preserve all existing trees, plants and shrubs but where it is justifiable and necessary the CONTRACTOR may remove trees and plants for construction right-of-way but only with approval of the E/A. 4.03 TRAFFIC CONTROL MEASURES AND BARRICADES Traffic control measures and barricades shall be installed in accordance with the Texas Manual of Uniform Traffic Control Devices and in other locations deemed necessary by the EIA, for the protection life and property. Under no circumstances will any existing road be permitted to remain closed over a weekend. No separate pay will be made for this item. Costs for this item shall be subsidiary to other items of work. 4.04 PROPERTY LINES AND MONUMENTS The CONTRACTOR shall be responsible for the protection,reference and resetting of property comer monuments if disturbed. 4.05 DISPOSAL OF SURPLUS MATERIAL The CONTRACTOR shall at his own expense, make arrangement for the disposal of surplus material, such as rock, trees,brush and other unwanted backfill materials. 4.06 CONTRACTOR'S USE OF PREMISES The Contractor shall,at his own expense,provide additional space as necessary for his operations and storage of materials. ITEM 5 MATERIALS 5.01 TRADE NAMES Except as specified otherwise, wherever in the specifications an article or class of material is designated by a trade name or by the name or catalog number of any maker, patentee,manufacturer,or dealer,such designations shall be taken as intending to mean and specify the articles described or another equal thereto in quality, finish, and serviceability for the purpose intended, as may be determined and judged by the E/A in his sole discretion. 5.02 MATERIALS AND WORKMANSHIP No material which has been used by the CONTRACTOR for any temporary purpose whatever is to be incorporated in the permanent structure without the written consent of the E/A. Where materials or equipment are specified by a trade or brand name,it is not the intention of the OWNER to discriminate against an equal product of another Page 3 010004-2020 Technical Specifications 00443645 manufacturer, but rather to set a definite standard of quality for performance, and to establish an equal basis for the evaluation of bids. Where the words "equivalent", "proper"or"equal to" are used,they shall be understood to mean that the item referred to shall be "proper", the "equivalent" of, or"equal to" some other item, in the opinion or judgment of the E/A. Unless otherwise specified, all materials shall be the best of their respective kinds and shall be in all cases fully equal to approved samples. Notwithstanding that the words"or equal to" or other such expressions may be used in the specifications in connection with a material, manufactured article or process, the material, article or process specifically designated shall be used, unless a substitute is approved in writing by the E/A, and the E/A will have the right to require the use of such specifically designated material,article or process. Page 4 010004-2020 Technical Specifications 00443645 02000 PLANS, DETAILS AND NOTES If applicable, insert reference(s)to project plans;details; and notes 0 ROCK CITY OF ROUND ROCK,, TEXAS UTILITIES AND ENVIRONMENTAL SERVICES DEPARTMENT CONSTRUCTION PLANS FOR Chandler Creek 36-inch Wastewater Line Replacement se R R-k Au _gust 2022 3DII E )DOM UNnom _.- :..r<,w,->F s.a - a:.-._n N...aim e sr.,.:fn - i_.>e.w ._ -• ,s�+.r�, - PSIz< �s 9 _ ee 5 ,amu - aE-13 - rsss+- ♦: CdOM[AM 31YQ 'C}Cd �n - - a �E 5.,1(XI 3T"ww�lik SiUf, ti r+4 cc =v-m fD CI: - \� NOTES: 0 - 330660 1) CONTRACTOR TO ACCESS THROUGH EXISTING EAS€&IrNt COORDINATION WITH Feet t= THE CITY OF ROUND ROCK,OR COORDINATION WITH PRIVATE LANDOWNERS. � \\ 2) THE CONTRACTOR MUST NOT ACCESS OR TRESPASS C THE DAM EMBANKMENTS J � t 3) THE C014TRACTOP SHALL NO ACCESS THE CREST ROAD(ROAD ON TOP OF DAAI; t WITHOUT EXPRESSED WRITTEN APPROVAL BY THE UPPER BRUSHY CREEKWCIO- ) WASTEWATER MANHOLE AT STEAtviWAY INDUSTRIAL GCtrtf'LEX TO BE PLUGGED, J MONITORED.AND EMPTIED BY VACUUM TRUCK DURING BYPASS PUMP OPERATIONS � w 5 Kai€eyr 5a ed. AP?RbVER w Davld rreir jch on v v moo\ ow V, lvv - t vol GED LEI� a \\ \\ \ \\ Wastewater Mainsarca I +� 3 in Pie Rep[acemectt Segment \ \ \ \ 0 Lta 160 Feet u Entry Pit y P�3�-po=nt Pit p ExIl PINO. DATE REVISION —_ vA vp \'~ ; NOTES,` tt PITS TO BE 8'x34`(APPROX.) ANY PITS OPEN AFTER HOURS SHAM HAS}E FULL 3v t i PERIMETER FENCING. ` 2) SPOILS AREA SHALL RE PLACED NEAR THE PIT NO)YORE THAN 35x35'AND LEGEND ENCLOSED WITH ORANGE CONSTRUCTION FENCING.SPOILS SHALL BE RESTORED (� Existing Manholes Wastewdler Rains AFTER CONSTRUCTION IS COMIPLETEO.. Fane v) ALL PITS ADD SPOILS ARtEA.SHALL HAVE SILT FENCE AND EROSION CONTROLS TO Entry Pill PROTECT THE FLOOD CONTROL STRUCTURE FROM STORMAIAT R SEDIMENTATION � :; M i Poin,t=it A# CONTRACTOR TO INSTALL MULCH SOCK ON THE DOWNSTREAM SIDE OF ANY � Extt Pit > 36-in Pipe Repiacement Segment EXCAVATION TO PREVENT SEiDWENTATION RUNOFF— \ �� a 80 iso Feet cn d n Y Entry Pit " u .: t W X Aln Mid-paint Pit ExIII It... a - � y rte. pare RINiSION r r 4 ` NOTES, ; 1) PITS TO BE 8x30'(APPROX.),ANY PITS OPEN AFTER HOURS SHALL HAVE FULL s PERIMETER FENCING v �` 2) SPOILS AREA SHALL BE PLACED NEAR THE PIT NO MORE THAN 35x36 AND � LEGEND Q Existing Manholes t ENCLOSED WITH ORANGE CONSTRUCTION FENCING-SPOILS SHALL BE RESTORED iJas tee ater Mains AFTER CONSTRUCTION IS COMPLETED- Paceis 31 ALL PITS RND SPOILS AREA SMALL HAVE SILT FENCEAND EROSION CONTROLS TO � €nt a Pit Oak PROTECT THE FLOOD CONTROL STRUCTURE FROM ST{3RMWATER SEDIMENTAr ON' � � \ Mt r+in',pit 4) CONTRACTOR TO INSTAL MULCH SOCK ON THE t?CJW{v;TREAIvi SIDE OF ANY y� � v � ExitPie EXCAVATION TO PREVENT SEDIMENTATION RUNOFF. 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