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Contract - DigDug Construction, LLC - 2/9/2023 CITY OF ROUND ROCK ORIGINAL Parks and Recreation Department ROUND ROCK TEXAS Project Manual For: Bowman Park Improvements Project 2022 November 2022 Prepared By: Katie Baker 301 West Bagdad Ave., Suite 250 Round Rock, Texas 78664 p APPROVED BY (Pi) 3205 y 004 . CITY ATTO P N EY ti v- -202 -03°I Bowman Park Improvements Project 2022 TABLE OF CONTENTS Section Description No. of Pages 00020 Notice to Bidders I 00100 Instructions to Bidders -1 Exhibit A 1 00200 Bid Bond 00300 Bid Form 7 00410 Statement of Bidder's Safety Experience 1 00500 Agreement 5 CDBG Fund Requirements 63 00600 Insurance& Construction Bond Forms Performance &Payment Bond Instructions 1 Insurance Instructions 1 00610 Performance Bond 2 00620 Payment Bond 2 00650 Certificate of Liability Insurance 1 00700 General Conditions 41 00800 Supplemental General Conditions 2 00900 Special Conditions 5 01000 Technical Specifications 4 02000 Plans, Details and Notes 1 8-2016 Table of Contents 00090665 00020 NOTICE TO BIDDERS NOTICE TO BIDDERS Sealed bids addressed to Katie Baker, City of Round Rock, Parks and Recreation Department, 301 West Bagdad Avenue, Suite #250, Round Rock, TX 78664, for furnishing all labor, material, and equipment and performing all work required for the project titled, Bowman Park Improvements Project 2022 (Improvements in the project will include replacement of decomposed granite path with concrete, quarry block fence barriers streetside, 1/3 mile of new 5' wide concrete path, benches, natural turf and streetside trees.), will be received until Tuesday, December 6,2022,at 9:30 a.m.,then publicly opened and read aloud at the City Council Chambers, located at 221 East Main Street,Round Rock,Texas 78664. Bid envelopes shall state the date and time of bid and "Bowman Park Improvements Project 2022." Bids must also be accompanied by a "Statement of Bidder's Safety Experience" included in Section 410 of the Project Manual. No bids may be withdrawn after the scheduled opening time. Any bids received after the scheduled bid opening time will be returned unopened. Bids must be submitted on City of Round Rock bid forms and must be accompanied by an acceptable bid security as outlined in the Instructions to Bidders, payable to the City of Round Rock,Texas, equal to five percent(5%)of the total bid amount. Plans, Bid Forms, Specifications, and Instructions to Bidders may be obtained at roundrocktexas.gov/solicitations. Bidders shall be responsible for printing or obtaining prints of the aforementioned documents as necessary. For questions, please contact the City's Project Manager, Katie Baker, PLA, kbaker@roundrocktexas.gov. In case of ambiguity,duplication,or obscurity in the bids,the City of Round Rock reserves the right to construe the meaning thereof. The City of Round Rock further reserves the right to reject any or all bids and to waive any informalities and irregularities in the bids received. The successful bidder will be expected to execute the City of Round Rock's standard contract and to furnish performance and payment bonds, all as described in the bid documents. Contractors and subcontractors shall pay to laborers,workmen,and mechanics the prevailing wage rates as determined by the City of Round Rock. Publish Dates: Austin American Statesman: November 20, 2022 November 27,2022 00020 10-2019 Notice to Bidders 00193093 Page 1 00100 INSTRUCTIONS TO BIDDERS INSTRUCTIONS TO BIDDERS 1. Prior to submitting any bid,bidders are required to read all drawings(plans),specifications, and all other Project Manual and/or Contract Documents carefully; to inform themselves by their independent research, test and investigation of the difficulties to be encountered and judge for themselves of the accessibility of the Work and all attending circumstances affecting the cost of doing the Work and the time required for its completion and obtain all information required to make a bid. The aforementioned documents may only be obtained from the City's website at the following web address: www.roundrocktexas.isov/solicitations. Bidders shall be responsible for printing or obtaining prints of the aforementioned documents as necessary. 2. Should the bidder find discrepancies in, or omissions from the drawings (plans), specifications, or other Project Manual and/or Contract Documents, or should he be in doubt as to their meaning, he should notify at once the City and obtain clarification or addendum prior to submitting any bid. Any addenda issued will be posted with the documents at the web address mentioned in 1 above no later than two business days prior to the Bid Opening Date.Prior to submitting a bid,the bidder is responsible for determining if any addenda have been issued and for following any instructions required in any addenda issued. 3. It shall be the responsibility of the bidder to see that his bid is received at the place and time named in the Notice to Bidders in the Project Manual. Bids received after the scheduled opening time will be returned unopened. 4. Bids shall be submitted in sealed envelopes plainly marked "Sealed Bid" and showing the name of the project,the job number if applicable, and the opening date and time. 5. Bidders shall be responsible for submitting a copy of the City's Bid Form, Bid Bond Form, and Statement of Bidder's Safety Experience from the Project Manual documents posted at the web address as described in 1 above. 6. Bids shall be accompanied by a bid security consisting of a certified cashier's check in an amount not less than five percent (5%) of the total maximum bid price, payable without recourse to the City of Round Rock,or a bid bond in the same amount from a reliable surety company, as a guarantee that the bidder will enter into a contract and execute performance and payment bonds, as stipulated by item 15 below, within ten (10) days after notice of award of contract to him. Bid securities must be submitted in the same sealed envelope with the bid. Bids submitted without a bid security may not be considered at the sole discretion of the City. Page 1 00100 6-2019 Instructions to Bidders 00426487 7. If awarded the bid, bidder must submit Form 1295 on the Texas Ethics Commission (TEC) Website at haps://www:ethics.state.tx.us/whatsnew/elf info form1295.htm and submit the signed Form 1295 to the City Clerk at swhite(ii),roundrocktexas.gov within ten (10) business days of notification of the award.Instructions for completing a Form 1295 are attached as Exhibit"A" to the Instructions to Bidders. 8. No conditional bids will be accepted. 9. A bidder wishing to withdraw his submitted sealed bid prior to the scheduled bid opening time must do so by presenting in person a written request signed by an authorized representative of the bidder to a City employee at the location for which sealed bids are to be addressed. No telephone, facsimile, or email requests will be accepted. The City will expend the time and effort that the City in its sole discretion determines is necessary to investigate the authenticity of a request before complying with a request. The City shall in its sole discretion determine if the City will comply with a request and the City shall not be held liable for not complying with a request. If the City does not comply with a request, the request shall automatically become null and void. 10. A bidder wishing to revise his sealed bid after submittal but before the scheduled bid opening time must first withdraw his bid as provided for in the Instructions to Bidders and then submit a sealed bid in accordance with the Instructions to Bidders.No revisions to a bid will be allowed after the scheduled bid opening time. The bidder shall be responsible for ensuring the amount of the bid security is as specified in the Instructions to Bidders. 11. All bid securities will be returned to the respective bidders within twenty-five (25) days after bids are opened,except those which the City elects to hold until the successful bidder has executed the Agreement. Thereafter, all remaining securities, including security of the successful bidder, will be returned within sixty (60)days. 12. Until the award of the contract,the City reserves the right to reject any and all bids and to waive technicalities; to advertise for new bids; or to do the work otherwise when the best interest of the City will be thereby promoted. 13. In case of ambiguity or lack of clarity in the statement of prices in the bids,the City reserves the right to consider the most favorable analysis thereof, or to reject the bid. Unreasonable and/or unbalanced prices submitted in a bid may result in rejection of such bid or other bids. 14. Award of the contract, if awarded,will be made within sixty(60)days after opening of the bids, and no bidder may withdraw his bid within said sixty (60) day period of time unless a prior award is made. A Notice to Proceed will be issued within sixty (60) days after contract Execution Date as defined in the General Conditions. 15. Within ten (10) days after written notification of award of the contract, the successful bidder must furnish a performance bond and a payment bond in the amount of one hundred percent (100%) of the total Contract Amount. Said performance bond and payment bond Page 2 00100 6-2019 Instructions to Bidders 00426487 shall be from an approved surety company holding a permit from the State of Texas, indicating it is authorized and admitted to write surety bonds in this state. In the event the bond exceeds $100,000.00,the surety must also(1)hold a certificate of authority from the United States secretary of the treasury to qualify as a surety on obligations permitted or required under federal law; or (2) have obtained reinsurance for any liability in excess of $100,000.00 from a reinsurer that is authorized and admitted as a reinsurer in this state and is the holder of a certificate of authority from the United States secretary of the treasury to qualify as a surety or reinsurer on obligations permitted or required under federal law. In determining whether the surety or reinsurer holds a valid certificate of authority,the City may rely on the list of companies holding certificates of authority as published in the Federal Register covering the date on which the bond is to be executed. 16. Failure to execute the Agreement within ten (10) days of written notification of award or failure to furnish the performance bond and payment bond as required by item 15 above, shall be just cause for the annulment of the award. In case of annulment of the award, the bid security shall become the property of the City, not as a penalty, but as liquidated damages. 17. No contract shall be binding upon the City until it has been signed by its Mayor after having been duly authorized to do so by the City Council. 18. The Contractor shall not commence Work under the Agreement until he has furnished certification of all insurance required and such has been approved by the City,nor shall the Contractor allow any Subcontractor to commence work on his subcontract until proof of all similar insurance that is required of the subcontractor has been furnished and approved. The Contractor's insurer shall use the certificate of insurance form included in the bid documents or the standard ACORD form. 19. If the bidder's insurance company is authorized,pursuant to its agreement with bidder, to arrange for the replacement of a loss, rather than by making a cash payment directly to the City,the insurance company must furnish or have furnished by bidder,a performance bond in accordance with Section 2253.021(b),Texas Government Code, and a payment bond in accordance with Section 2253.021(c). 20. Any quantities given in any portion of the Bid Documents, including the drawings(plans), are estimates only, and the actual amount of work required may differ somewhat from the estimates. The basis for payment shall be the actual amount of work done and/or material furnished as specified in the General Conditions. 21. Bids shall be submitted on a separated contract basis.No Texas sales tax shall be included in the prices bid for materials consumed or incorporated into the Work. This contract is issued by an organization which is qualified for exemption pursuant to the provisions of Section 151.309(5)of the Texas Tax Code. The City will issue an exemption certificate to the Contractor. The Contractor must then issue a resale certificate to the material supplier Page 3 00100 6-2019 Instructions to Bidders 00426487 for materials purchased.The Contractor must have a valid sales tax permit in order to issue a resale certificate. Upon obtaining consumable materials, the Contractor will issue a resale certificate in lieu of payment of sales tax, and the following conditions shall be observed; 1) The Contractor will transfer title of consumable, but not incorporated, materials to the City at the time and point of receipt by the Contractor; 2) The Contractor will be paid for these consumable materials by the City as soon as practicable. Payment will not be made directly but considered subsidiary to the pertinent bid item. The Contractor's monthly estimate will state that the estimate includes consumables that were received during the month covered by the estimate; and 3) The designated representative of the City must be notified as soon as possible of the receipt of these materials so that an inspection can be made by the representative. Where practical,the materials will be labeled as the property of the City. 22. The Contractor, after execution of the contract and pursuant to Internal Revenue Service (IRS)regulations, shall furnish its Taxpayer Identification Number(TIN)to the City. The Contractor shall provide the appropriate information on a W-9 form(which can be provided by the City upon request). This form shall be submitted directly to the City's Accounts Payable Department to ensure security of the information. 23. If the Bid Form includes Add and/or Deduct Alternate bid items and/or otherwise provides for Alternate bids, the City will determine whether to select or not select one or more of the Add and/or Deduct Alternate bid items and/or Alternate bids at the City's sole discretion and for its greatest advantage. If the City selects any Add and/or Deduct Alternate bid items, the total bid amount will be determined by adding the amount of the selected Add Alternate(s)to,and deducting the amount of the selected Deduct Altemate(s) from the Base Bid or the selected Alternate bid. Page 4 00100 6-2019 Instructions to Bidders 00426487 EXHIBIT "A" FORM 1295 INSTRUCTIONS Pursuant to newly enacted Section 2252.90 of the Texas Government Code, as of January 1, 2016, any business entity entering into a contract with a local government that requires approval of the governing body must submit a disclosure of interested parties to the local governmental prior to the execution of the contract. The Texas Ethics Commission (TEC) has adopted a form for the disclosure of interested parties (Form 1295) and has created a website application for business entities to submit the required information. The only exception to this requirement is that if a business is publicly traded they do not need to do a Form 1295. The City of Round Rock may not enter into a contract that requires the approval of the City Council until the business entity that is a party to the contract files a Form 1295 with the City Clerk.The instructions to complete Form 1295 and file it with the City Clerk are as follows: 1. Upon being notified of a bid award, the award recipient ("business entity") must go to the following website: https://www.ethics.state.tx.us/whatsnew/elf info form 1295.1itm and follow the login directions on the website application to complete a Form 1295. If this is a business entity's first time logging on to the website application, the business entity must create a login Username and Password and then follow the application's instructions to complete a Form 1295. 2. The City does not have a Contract ID Number System. Please insert 000000 and the project name in this box. 3. Even if a business entity has no interested parties, Form 1295 still must be completed using the website application and filed with the City Clerk. 4. Once confirmation is received that the information has been submitted,the business entity MUST print and sign the completed Form 1295. 5. The signed Form 1295 must be filed with the Clerk of the City of Round Rock within ten (10) business days of the date of notification of the award. The signed Form 1295 may be scanned and e-mailed to the City Clerk at swhite(a,roundrocktexas.gov. 6. Once the City Clerk receives the signed Form 1295, the City Clerk will submit confirmation of receipt through the TEC website application within thirty (30) days of the filing of Form 1295 by the business entity. 7. This process must be followed for each contract a business entity enters into with the City of Round Rock including Supplementals and Change Orders. 8. A Form 1295 cannot be handwritten. It must be completed electronically through the TEC website application. 9. If you have any questions regarding the process of filing of Form 1295,please contact: Sara White, City Clerk 221 East Main Street Round Rock,Texas 78664 Phone:(512)218-5404 Fax:(512)218-7097 E-mail: swhite(a,roundrocktexas.gov June 2019 00200 BID BOND BID BOND THE STATE OF TEXAS § § KNOW ALL BY THESE PRESENTS: COUNTY OF WILLIAMSON § That DigDug Construction LLC of the City of Austin County of Travis State of Texas as Principal, and The Ohio Casualty Insurance Company authorized under the laws of the State of Texas to act as surety on bonds for principals, are held and firmly bound unto the CITY OF ROUND ROCK, TEXAS ("Owner"), in the penal sum of Five Percent (5%) of the total amount of the Bid of the Principal submitted to the Owner,for the Work described below;for the payment whereof,well and truly to be made, and the said Principal and Surety do herby bind themselves and their heirs, administrators, executors, successors and assigns,jointly and severally, as follows: In no case shall the liability of the Surety hereunder exceed th sum of /U�r►_ t1'f1.,�p '�+�J�.� x..04 ollars ($3�22 ( 'O ). THE CONDITIONS OF THIS OBLIGATION ARE SUCH that,whereas,the Principal has submitted the above-referenced Bid to the Owner, for construction of the Work under the "Specifications for Construction of Bowman Park Improvements Project 2022 ff for which Bids are to be opened at the office of Owner on the 20th day of December 52022 . NOW, THEREFORE, if the Principal is awarded the Contract, and within the time and manner required under the "Instructions to Bidders," after the prescribed forms are presented to her/him for signature,enters into a written Agreement substantially in the form contained in the Bid Documents, in accordance with the Bid, and files the two (2) bonds with the Owner, one to guarantee faithful performance and the other to guarantee payment for labor and materials,then this obligation shall be null and void; otherwise, it shall be and remain in full force and effect. In the event that suit is brought upon this Bond by the Owner and judgment is recovered,said Surety shall pay all costs incurred by the Owner in such suit,including a reasonable attorney's fee to be fixed by the Court. IN WITNESS WHEREOF,the said Principal and Surety have signed this instrument on this the 20th day of the month ot' December 2022 DigDug Construction LLC The Ohio Casualty Insurance Company Principa Surety d April M Terbay Printed Name Printed N By: _ B . Title. Titl Attorn -In-Fact Address: PO Box 92583 Address: 62 Maple Avenue Austin, Texas 78709 Keene, New Hampshire 03431 00200 9-2015 Page 1 Bid Bond 00090652 R gent of Surety: ignat April M Terbay Printed Name 3834 Spicewood Springs Road,#100 Street Address Austin,Texas 78759 City, State, Zip Page 2 00200 9-2015 Bid Bond 00090652 This Power of Attorney limits the acts of those named herein,and they have no authority to bind the Company except in the manner and to the extent herein stated. Lib trt ll Liberty Mutual Insurance Company Mutual. The Ohio Casualty Insurance Company Certificate No: 8202140-977336 SURETY West American Insurance Company POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS:That The Ohio Casualty Insurance Company is a corporation duly organized under the laws of the State of New Hampshire,that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts,and West American Insurance Company is a corporation duly organized under the laws of the State of Indiana(herein collectively called the"Companies"),pursuant to and by authority herein set forth,does hereby name,constitute and appoint, Patrick L Watkins,Jo} M Holten,Sheila P Noxon,James P Siddons,April M TerbaN all of the city of Austin state of TX each individually 9 there be more than one named,its true and lawful attorney-in-fact to make, execute,seal,acknowledge and deliver,for and on its behalf as surety and as its act and deed,any and all undertakings,bonds,recognizances and other surety obligations,in pursuance of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons. IN WITNESS WHEREOF,this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this 13th day of September , 2019 Liberty Mutual Insurance Company P�INSURq P01 INS& a tNSUo The Ohio Casualty Insurance Company c°FPDR�rF ZC y`� °DaPOR+r��y �GPaPO44-1-- West American Insurance Company 1912 0 1919 1991 �� ° rAd��,P9�CHU9�C�aa~>Z' SO��hAMPg�\,aL�' `(s "NDIAH�' AbCD ei7 * *� �'yl * tN RM + �� By: — E David M.Carey,Assistant Secretary r2 .:m State of PENNSYLVANIA ss :3 County of MONTGOMERY L) ar On this 13th day of September 2019 before me personally appeared David M.Carey,who acknowledged himself to be the Assistant Secretary of Liberty Mutual Insurance 0 3 Company,The Ohio Casualty Company,and West American Insurance Company,and that he,as such,being authorized so to do,execute the foregoing instrument for the purposes > therein contained by signing on behalf of the corporations by himself as a duly authorized officer. v IN WITNESS WHEREOF,I have hereunto subscribed my name and affixed my notarial seal at King of Prussia,Pennsylvania,on the day and year first above written. _ inia P PAS (}LU O N Q( 0ONWe PAS;, COMMONWEALTH OF PENNSYLVANIA9. - Notarial Seal pp do OF Teresa Pastella.Notary Public (`7 6 r0 Upper Merlon Twp.,Montgomery County By: R sT C tp �Q My Commission Expires March 28,2021 Teresa Pastella,Notary Public r5 � Co Member,Pennsylvania Pssociation of Notaries r0 Pte ' E This Power of Attorney is made and executed pursuant to and by authority of the following By-laws and Authorizations of The Ohio Casualty Insurance Company,Liberty Mutual Insurance N g 0.E Company,and West American Insurance Company which resolutions are now in full force and effect reading as follows: w ARTICLE IV-OFFICERS:Section 12.Power of Attorney. An officer or other official of the Corporation orporation authorized for that purpose in writing by the Chairman or the President,and subject to such limitation as the Chairman or the President a may prescribe,shall appoint such attomeys-in-fact,as may be necessary to act in behalf of the Corporation to make,execute,seal,acknowledge and deliver as surety any and all U > C undertakings,bonds,recognizances and other surety obligations.Such attomeys-in-fact,subject to the limitations set forth in their respective powers of attorney,shall have full o power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation.When so executed,such instruments shall Z be as binding as if signed by the President and attested to by the Secretary.Any power or authority granted to any representative or attorney-in-fact under the provisions of this €M article may be revoked at any time by the Board,the Chairman,the President or by the officer or officers granting such power or authority. oddd� ARTICLE XIII-Execution of Contracts:Section 5.Surety Bonds and Undertakings. Any officer of the Company authorized for that purpose in writing by the chairman or the president,and subject to such limitations as the chairman or the president may prescribe, shall appoint such attorneys-in-fact,as may be necessary to act in behalf of the Company to make,execute,seal,acknowledge and deliver as surety any and all undertakings, bonds,recognizances and other surety obligations.Such attomeys-in-fad subject to the limitations set forth in their respective powers of attorney,shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company.When so executed such instruments shall be as binding as if signed by the president and attested by the secretary. Certificate of Designation-The President of the Company,acting pursuant to the Bylaws of the Company,authorizes David M.Carey,Assistant Secretary to appoint such attorneys-in- fact as may be necessary to act on behalf of the Company to make,execute,seal,acknowledge and deliver as surety any and all undertakings,bonds,recognizances and other surety obligations. Authorization-By unanimous consent of the Company's Board of Directors,the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company,wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds,shall be valid and binding upon the Company with the same force and effect as though manually affixed. 1,Renee C.Llewellyn,the undersigned,Assistant Secretary,The Ohio Casualty Insurance Company,Liberty Mutual Insurance Company,and West American Insurance Company do hereby certify that the original power of attorney of which the foregoing is a full,true and correct copy of the Power of Attorney executed by said Companies,is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed the seals of said Companies this 20th day of December , 2022 %psu'a 01 INS&,p 1NSUR � Jp 3`Davo�r 4yn yJP`ov pop, 9? `P�0 ORe�r 9+ Zo m W 3 Fo , 1912 0 1919 s 1991 t p A O d�yl, 4cHU9f�aa;' O HA MP`+�a� `( 'NDIANP' a; By. 0/7 * 1 ,,yl �Na s�,M * Lia Renee C.Llewellyn,Assistant Secretary LMS-12873 LMIC OCIC WAIC Multi Co 062018 _ Liberty Mutual. SURETY TEXAS TEXAS IMPORTANT NOTICE AVISO IMPORTANTE To obtain information or make a complaint: Para obtener informacion o para someter una queja: You may call toll-free for information or to Usted puede hamar al numero de telefono gratis make a complaint at para informacion o para someter una queja al 1-877-751-2640 1-877-751-2640 You may also write to: Usted tambien puede escribir a: Interchange Corporate Center Interchange Corporate Center 450 Plymouth Road, Suite 400 450 Plymouth Road, Suite 400 Plymouth Meeting, PA 19462-1644 Plymouth Meeting, PA 19462-1644 You may contact the Texas Department of Puede comunicarse con el Departamento de Insurance to obtain information on companies, Seguros de Texas para obtener informacion coverages, rights or complaints at acerca de companias, coberturas, derechos o 1-800-252-3439 quejas al 1-800-252-3439 You may write the Texas Department of Insurance Puede escribir al Departamento de Seguros Consumer Protection(111-1 A) de Texas Consumer Protection (111-1 A) P. O.Box 149091 P. O. Box 149091 Austin, TX 78714-9091 Austin, TX 78714-9091 FAX: (512)490-1007 FAX# (512)490-1007 Web: http://www.tdi.texas.gov Web: http://www.tdi.texas.gov E-mail: ConsumerProtection&tdi.texas.g_ov E-mail: ConsumerProtection&a tdi.texas.gov PREMIUM OR CLAIM DISPUTES: DISPUTAS SOBRE PRIMAS O RECLAMOS: Should you have a dispute concerning your Si tiena una disputa concerniente a su prima o a premium or about a claim you should first un reclamo, debe comunicarse con el agente o contact the agent or call 1-800-843-6446. primero. Si no se resuelve la disputa, puede If the dispute is not resolved, you may contact the entonces comunicarse con el departamento(TDI) Texas Department of Insurance. ATTACH THIS NOTICE TO YOUR UNA ESTE AVISO A SU POLIZA: POLICY: This notice is for information only and does not Este aviso es solo para proposito de informacion become a part or condition of the attached y no se convierte en parte o condicion del document. documento adjunto. NP 70 68 09 01 00300 BID FORM BID FORM PROJECT NAME: BOWMAN PARK IMPROVEMENT PROJECT 2022 PROJECT LOCATION: Round Rock, Texas OWNER: City of Round Rock, Texas DATE: December 1, 2022 Gentlemen: Pursuant to the tbregoing Notice to Bidders and Instructions to Bidders, the undersigned bidder hereby proposes to do all the Work, to furnish all necessary superintendence, labor, machinery, equipment, tools, materials, insurance and miscellaneous items, to complete all the Work on which he bids as provided by the attached Bid Documents, and as shown on the plans for the construction of Bowman Park Improvement Project 2022 and binds himself on acceptance of this bid to execute the Agreement and bond for completing said Work within the time stated, for the following prices, to wit: Any addenda issued will be posted with the Project Manual and/or Contract Documents on the City's website at roundrocktexas.gov/solicitations by the close of business on December 8, 2022 Prior to submitting a bid, the bidder is responsible for determining if any addenda have been issued and for following any instructions in any addenda issued. Bidder acknowledges receipt of the following Addenda by listing Addendum "number" and "date". Addendum 112/1/2022 Addendum 2 12/5/2022 BASE BID Bid Approx. Item Description Item Quantity Unit and Written Unit Price Unit Price Amount I 1 LS Total Mobilization Payment complete in place per Plans and Specs for Nineteen Thousand Eight Thirty Two dollars and cents. $19,832 2 1 EA Capital Improvement Sign complete in place per Plans and Specs for Three Thousand dollars and cents. 3,000 00300-9-2015 Page 1 of 7 Bid Form BASE BID Bid Approx. Item Description Item Quantity Unit and Written Unit Price Unit Price Amount 3 1 LS TCEQ-SWPPP complete in place per Plans and Specs for Two Thousand Six Hundred dollars and cents. 2,600 4 1 LS Stabilized Construction Entrance complete in place per Plans and Specs for Two Thousand Fifty Seven dollars and cents. 2,057 5 1 LS Temporary Concrete Washout complete in place per Plans and Specs for One Thousand Six Twenty One dollars and cents. 1,621 6 1,437 LF Silt Fence, including installation complete in place per Plans and Specs for Ten Thousand Five f4ty-kmf-Sixty Onelohl'�r's CJS 10,561.95 --} and Ninety Five cents. 7.35/LF 40,x-,54- 7 1 LS Tree Protection complete in place per Plans and Specs for Forty Thousand One Nineteen dollars and cents. 40,119 00300-9-2015 Page 2 of 7 Bid Form BASE BID Bid Approx. Item Description Item Quantity Unit and Written Unit Price Unit Price Amount 8 1 LS Demolition and Haul off complete in place per Plans and Specs for Sixteen Thousand Four dollars and cents. 16,004 9 5,841 SF 4" Pedestrian Concrete (Using Existing Borders) complete in place pe tans and Specs for Fifes Seven Thousand Sixty} Six dollars 57,066.57 and Fifty Seven cents. 9.77/sf 57.96:7 10 10.849 SF 4" Pedestrian Concrete complete in place per Plans and S ecs �J fOne Hundred Three Thousand Two Sixty-6 r f�t arsg ty wo 103,282.48 and Forty Eight cents. 9.52/sf 163.269 11 3 EA Trash Can Purchase and Installation complete in place per Plans and Specs for Three Thousand Seven Sixty Eightdollars 3,768 jr and cents. 1,256/ea 3.76:7 12 2 EA Park Bench Purchase and Installation complete in place per Plans and Specs for Four Thousand Seven Fifteen dollars and cents. 2.357.50/ea 4,715 00300-9-2015 Page 3 of 7 Bid Form BASE BID Bid Approx. Item Description Item Quantity Unit and Written Unit Price Unit Price Amount 13 1 EA 20' Steel Vehicular Gate complete in place per Plans and Specs for Fifteen Thousand dollars and cents. 15,000 14 39,200 SF Scrape Turf Area to remove existing vegetation and remove High and Low Points. Retain Existing Drainage Pattern. Apply Bermuda Hydroseed. complete in place per Plans and Specs ero ZJ for Nine Thousand Four Four L �rEight dollars 9,408 and cents. 0.24/sf 15 1 LS Re-vegetate disturbed areas using Bermuda Hydroseed of all disturbed areas complete in place per Plans and Specs for Seventeen Thousand Five Zero Nine dollars and cents. 17,509 00300-9-2015 Page 4 of 7 Bid Form ADD ALTERNATE BID #1 Bid Approx. Item Description Item Quantity Unit and Written Unit Price Unit Price Amount A-1 7 EA Custom Quarry Block Fence complete in place per Plans and Specs for Twenty One Thousand Eight Forty dollars and cents. 3,120/ea $ 21,840 - Quarry Blocks 2x2x5 purchase and A-2 8 EA installation complete in place per Plans and Specs �r for Four Thousand Six Eighty Seven dollars 4,687.04 UO/ and Four & cents. 585.88/ea $4-,697- Landscape 4-697Landscape Irrigation System including: Controller, Valves, A-3 1 EA Sleeves, Mainline, Laterals etc. complete in place per Plans and Specs for Forty Seven Thousand Forty dollars and cents. $ 47,040 - 2-4" Brazos Gravel installation A-4 1,896 SF including geotextile fabric complete in place per Plans and Specs for Seven Thousand Five Eighty Four dollars and cents. 4/sf $7,584 - cont. ADD ALTERNATE BID A cont. Bid Approx. Item Description Item Quantity Unit and Written Unit Price Unit Price Amount A-5 667 LF Metal Landscape Edger complete in place per Plans and Specs for Five Thousand Three Thirty Six dollars and cents. 8/LF $5,336 - 86,487.04 TOTAL ADD ALTERNATE BID: $46,-487- STATEMENT 7- dY - STATEMENT OF SEPARATE CHARGES: Materials: All Other Charges: * Total: $$8 86,487.�04 * Note: This total must be the same amount as shown above for "Total Add Alternate Bid" 306,544 BASE BID -306,482- ADD ALTERNATE BID $ 4&, B 86,487.04 - TOTAL $ 392-,969- 393,031.04 - TOTAL BASE BID (Items 1 thru 16 ) � � 306,544.00 f Materials: All Other Charges: * Total: 3 $r2- 306,544.00 JP * Note: This total must be the same amount as shown above for "Total Base Bid" If this bid is accepted, the undersigned agrees to execute the Agreement and provide necessary bonds and insurance certification as per the Instructions to Bidders. The undersigned certifies that the bid prices contained in the bid have been carefully checked and are submitted as correct and final. The Owner reserves the right to reject any or all bids and may waive any informalities or technicalities. Respectfully Submitted, /�,/ &= PO Box 92583 Signature Peyton Shipman Austin,TX 78709 Print Name Address Operations Manager 512-382-0008 Title Telephone DigDug Construction, LLC Name of Firm 12/19/2022 Date Secretary, if Bidder is a Corporation UNIT PRICE AND TOTALS UPDATED 01/17/2023 00200-9-2015 Page 7 of 7 Bid Form 00410 STATEMENT OF BIDDER'S SAFETY EXPERIENCE Page 1 00410 8-2014 Statement of Bidder's Safety Experience 00090654 Solicitation Requirements, Contract Forms & Conditions of Contract Statement of Bidder's Safety Experience Section 00410 Bidder must submit a signed Statement of Bidder's Safety Experience form with his Bid; failure to do so will constitute an incomplete Bid that may be rejected. In order to make a responsive Bid, Bidder must provide evidence that it meets minimum OSHA construction safety program requirements, has not been fined by OSHA for any willful safety violations in the past three years, and has a lost time injury rate that doesn't exceed the limits established below. All questions must be answered and data given must be clear and comprehensive. If necessary, questions may be answered on separate attached sheets. Company Name: DgDug Construction, LLC Address: PO Box 92583, Austin,TX 78709 Phone: 512-382-0008 Completed by: Peyton Shipman Date: 12/19/22 1. Does the company have a written construction Safety program? [NYes ❑No 2. Does the company conduct construction safety inspections? ®Yes ❑No 3. Does the company have an active construction safety-training program? [nYes ❑No 4. Has the company been fined by OSHA for any willful safety violations in the past ❑Yes [n No three years? 5. Does the company have a lost time injury rate of 7.8 for SIC 15, or 7.6 for SIC 16, ®Yes ❑No or less over the past three years? Attach the company's OSHA 200/300 logs for the past three years. 6. Does the company or affected subcontractors have competent persons in the following Areas? A. Scaffolding ❑Yes ❑No ®N/A B. Excavation ®Yes ❑No ❑N/A C. Cranes ❑Yes []No x❑N/A D. Electrical ❑Yes ❑No (]N/A E. Fall Protection ❑Yes [:]No x❑N/A F. Confined Spaces ❑Yes ❑No [!]N/A I hereby certify that the above information is true and correct. Signature Title Operations Manager Page 1 00410 8-2014 Statement of Bidder's Safety Experience 00090654 OSHNs Form 300A(R..01=04) Summary of Work-Related Injuries and Illnesses o✓�.a..�s-..rw.R....marw..r.w✓.e�r..r....M....'.r.r..ar. fir✓.-�ao aon r.rra..r.M r....n b.wn rrrp.rr rw..m r.bn.ew...ry [wen.n.n.n.1N«mrbn .wa puW.el.e.e.n.b ben.rna'aV.✓•..6�Ya n.0�MrK 9.' brµrr 1pm....brra.w mr aw.�r✓✓......n..y.bn...a P9M k..Ii.l. vwr mad'.�nnmr v.. 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BETWEEN the Owner: City of Round Rock,Texas(hereafter"Owner"or"City") 221 East Main Street Round Rock,Texas 78664 and the Contractor �.•�i("Contractor") The Project is described as: Bowman Park Improvements 2022,include but are not limited to expansion of existing trails,practice field installation,replacement of benches,replacement of trash cans and installation of new vehicular gate_ The Engineer is: Katie Baker,PLA Parks Development Manager 301 West Bagdad,Suite 250 Round Rock,Texas 78664 For and in consideration of the mutual terms, conditions and covenants of this Agreement and all accompanying documents between Owner and Contractor, the receipt and sufficiency of which are hereby acknowledged,Owner and Contractor agree as follows: ARTICLE I THE CONTRACT DOCUMENTS The Contract Documents consist of this Agreement,Conditions of the Contract(General,Supplementary and other Conditions),Drawings,Specifications,Addenda issued prior to execution of this Agreement,other documents listed in this Agreement and Modifications issued after execution of this Agreement;these form the Contract,and are as fully a part of the Contract as if attached to this Agreement or repeated herein.The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations,representations or agreements, either written or oral.An enumeration of the Contract Documents,other than Modifications,appears in Article 7. ARTICLE 2 THE WORK OF THIS CONTRACT Contractor shall fully execute the Work described in the Contract Documents,except to the extent specifically indicated in the Contract Documents to be the responsibility of others. 00500 4-2020 Page 1 of 5 Standard Form of Agreement 00443647 ARTICLE 3 DATE OF COMMENCEMENT;DATE OF SUBSTANTIAL COMPLETION;DATE OF FINAL COMPLETION 3.1 The date of commencement of the Work shall be the date of this Agreement unless a different date is stated below or provision is made for the date to be fixed in a Notice to Proceed issued by Owner. 3.2 The Contract Time shall be measured from the date delineated in the Notice to Proceed. 3.3 Contractor shall commence Work within ten1( 0 ) calendar days from the date delineated in the Notice to Proceed. 3.4 Contractor shall achieve Substantial Completion of the items of Work listed on Attachment A to this Agreement no later than Thirty 30 )calendar days from issuance by Owner of Notice to Proceed, and Contractor shall achieve Substantial Completion of the entire Work no later than Sixty 60 )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 Two Hundred and Fiftv dollars and No/100 Dollars($250.00 )for each calendar day that Substantial Completion is delayed after the date(s) specified for Substantial Completion. It is hereby agreed that the liquidated damages to which Owner is entitled hereunder are a reasonable forecast of just compensation for the harm that would be caused by Contractor's failure to achieve Substantial Completion of the Work(or any portion thereof)on or before the date(s)specified for Substantial Completion in the Agreement and is not a penalty. It is agreed that the harm that would be caused by such failure, which includes loss of expected use of the Project areas,provision of alternative storage facilities and rescheduling of moving and occupancy dates,is one that is incapable or very difficult of accurate estimation.It is hereby agreed that if Substantial Completion of the Work(or any portion thereof)is not achieved on or before thirty(30)days after the date(s) specified for Substantial Completion in the Agreement, the Owner shall have the option to either collect liquidated damages as set forth herein or to thereafter rely on its remedies under the Contract Documents and at law and in equity, including without limitation, the recovery of actual damages. The date(s) specified for Substantial Completion of the Work(or any portion thereof)in the Agreement shall be subject to adjustment as provided in the Contract Documents. 3.6 Contractor shall achieve Final Completion of the entire Work no later than Ninety (_20 )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 Three Hundred Six Thousand And Five Hundreds Fortv Four and no cents ($306.544.00 ),subject to additions and deductions as provided in the Contract Documents. 4.2 Does the Contract Sum include alternates which are described in the Bid Form? No x . Yes .If yes,please provide details below: N/A 00500 4-2020 Page 2 of 5 Standard Form of Agreement 00443647 ARTICLE 5 PAYMENTS 5.1 PROGRESS PAYMENTS 5.1.1 Based upon Applications for Payment submitted to Engineer and Owner by Contractor,and Certificates for Payment issued by Engineer and not disputed by Owner and/or Owner's lender,Owner shall make progress payments on account of the Contract Sum to Contractor as provided below, in Article 14 of the General Conditions, and elsewhere in the Contract Documents. 5.1.2 The period covered by each Application for Payment shall be one calendar month ending on the last day of the month. 5.1.3 Provided that an Application for Payment is received by Engineer and Owner, and Engineer issues a Certificate of Payment not later than the tenth (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 November 2022 7.1.4 The Specifications are those contained in the Project Manual dated November 2022 7.1.5 The Drawings,if any,are those contained in the Project Manual dated November 2022 7.1.6 The Insurance&Construction Bond Forms of the Contract are those contained in the Project Mamia(dated November 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 November 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: N/A ARTICLE 8 MISCELLANEOUS PROVISIONS 8.1 Where reference is made in this Agreement to a provision of any document, the reference refers to that provision as amended or supplemented by other provisions of the Contract Documents. 8.2 Owner's representative is: Katie Baker,PLA 301 West Bagdad,Suite#250 Round Rock,Texas 78664 kbakernroundrocktexas.Qov 8.3 Contractor's representative is: AIN, W/ I sill 8.4 Neither Owner's nor Contractor's representative shall be changed without ten(10)days'written notice to the other party. 00500 4-2020 Page 4 of 5 Standard Form of Agreement 00443647 8.5 Waiver of any breach of this Agreement shall not constitute waiver of any subsequent breach. 8.6 Owner agrees to pay Contractor from available funds for satisfactory performance of this Agreement in accordance with the bid or proposal submitted therefor,subject to proper additions and deductions,all as provided in the General Conditions, Supplemental Conditions, and Special Conditions of this Agreement, and Owner agrees to make payments on account thereof as provided therein. Lack of funds shall render this Agreement null and void to the extent funds are not available. This Agreement is a commitment of City of Round Rock's current revenues only. 8.7 Although this Agreement is drawn by Owner,both parties hereto expressly agree and assert that,in the event of any dispute over its meaning or application,this Agreement shall be interpreted reasonably and fairly,and neither more strongly for nor against either party. 8.8 This Agreement shall be enforceable in Round Rock,Texas,and if legal action is necessary by either party with respect to the enforcement of any or all of the terms or conditions herein,exclusive venue for same shall lie in Williamson County, Texas. This Agreement shall be governed by and construed in accordance with the laws and court decisions of the State of Texas. 8.9 Both parties hereby expressly agree that no claims or disputes between the parties arising out of or relating to this Agreement or a breach thereof shall be decided by an arbitration proceeding,including without limitation,any proceeding under the Federal Arbitration Act(9 USC Section 1-14)or any applicable state arbitration statute. 8.10 The parties, by execution of this Agreement, bind themselves, their heirs, successors, assigns, and legal representatives for the full and faithful performance of the terms and provisions hereof. This Agreement is entered into as of the day and year first written above and is executed in at least two(2) original copies,of which one is to be delivered to Owner. OWNER CONTRACTOR CITY R CK,TEXAS Uc Printed alie: LANAA I I Printed Name: ►'\ Title - Title: Vlr ckvl U q l n� yr G✓ri bC +' Date Signed: �1 Date Signed: ATT ST: City Clerk FOR CITY,APPROVED AS TO FORM: �7 ttorney 00500 4-2020 Page 5 of 5 Standard Form of Agreement 00443647 System for Award Management Instructions (SAM) SYSTEM FOR AWARD MANAGEMENT REGISTRATION AND ACTIVATION Any business choosing to bid or provide proposals on Federally Funded projects, must be currently REGISTERED and ACTIVE IN THE System for Awards Management (SAM) database, at the time of bid opening. The database is the primary federal registrant portal for the collecting, validating, storing,and disseminating data on federal awards. SAM is an official website of the U.S. Government and there is not cost to register on this site. 1. Does your organa/tion have ACTIVE REGISTRATION status with SAM.gov? YES Vr� cv �n 2. If so, lease provide your organization's Unique El ty ID (UEI#): Note: Immediately after the bid opening takes place, the city will enter the bidder's UEI number into the SAM database search engine. If the prospective bidder is not listed as ACTIVE on the database, the bid will be deemed non- responsive and disqualified from consideration of award. To register, please access the following internet website: http://sam.gov . What is the UEI? Beginning April 2, 2022, the federal government will stop using the DUNS number issues by DUN and Bradstreet to uniquely identify entities. At this point, entities doing business with the federal government will use a Unique Entity Identifier (UEI) number assigned in the SAM.gov and will not longer use a third-party website to obtain their identifier number. Entities are able to manage organizational information, such as legal business name and physical address associated with UEI number, directly from SAM.gov . How do I register with SAM? To register with SAM, go to the System for Award Management (SAM) site. Follow the online instructions to complete SAM registration. If you have any questions, please contact the Federal Service Desk at www.FSC.gov . Their phone number is (866) 606-8220. Certification Regarding Debarment and Suspension Certification Regarding U.S. Department of Housing Debarment and Suspension and Urban Development CertMeation A: Certiflcation Regarding Debarment, Suspension and Other Responsibility Matters - Primary Covered Transactions 1.The prospective primary participant certifies to the best of its knowledge 4. The prospective primary participant shall provide immediate and belief that Its principals: written notice to the department or agency to whom this proposal is submitted If at any time the prospective primary participant learns a. Are not presently debarred, suspended, proposed for debarment, that Its certification was erroneous when submitted or has become dedared ineligible, or voluntarily excluded from covered transactions by erroneous by reason of changed circumstances. any Federal debarment or agency; 5. The terms covered transaction, debarred, suspended, b. Have not within a three-year period preceding this proposal, been Ineligible, lower tier covered transaction, participant, person, convicted of or had a civil judgment rendered against them for commission primary covered transaction, principal, proposal, and of fraud or a criminal offense in connection with obtaining, attempting to voluntarily excluded, as used in this clause,have the meanings obtain, or performing a public (Federal, State, or local) transaction or set out In the Definitions and Coverage sections of the rules contract under a public transaction;violation of Federal or State antitrust implementing Executive Order 12549. You may contact the statutes or commission of embezzlement, theft, forgery, bribery, department or agency to which this proposal is being submitted for falsification,or destruction of records,making false statement,or receiving assistance In obtaining a copy of these regulations. stolen property; 6. The prospective primary participant agrees by submitting this c.Are not presently indicted for or otherwise criminally or civilly charged by proposal that,should the proposed covered transaction be entered a governmental entity(Federal,Slate or local)with commission of any of into, it shall not knowingly enter any lower tier covered transaction the offenses enumerated In paragraph(1xb)of this certification;and with a person who is debarred, suspended, declared Ineligible,or voluntarily excluded from participation in this covered transaction, d. Have not within a three-year period preceding this application/proposal unless authorized by the department or agency entering into this had one or more public transactions(Federal,State or local)terminated for transaction. cause or default. 7. The prospective primary participant further agrees by submitting 2.Where the prospective primary participant is unable to certify to any of this proposal that it will Include the clause titled 'Certification the statement in this certification,such prospective participant shall attach Regarding Debarment, Suspension, Ineligibility and Voluntary an explanation to this proposal. Exclusion — Lower Tier Covered Transaction,' provided by the department or agency entering into this covered transaction,without Instructions for Certification(A) modification, in all lower tier covered transactions and In all solicitations for lower tier covered transactions. 1. By signing and submitting this proposal, the prospective primary participant is providing the certification set out below. 8. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered 2. The inability of a person to provide the certification required below will transaction that it is not debarred, suspended, ineligible, or not necessarily result In denial of participation in this covered transaction. voluntarily excluded form the covered transaction, unless It knows The prospective participant shall submit an explanation of why it cannot that the certification is erroneous. A participant may decide the provide the certification set out below. The certification or explanation will method and frequency by which It determines this eligibility of its be considered in connection with the department or agency's principals. Each participant may,but is not required to,check the determination whether to enter into this transaction. However, failure of Non-procurement list the prospective primary participant to furnish a certification of the prospective primary participant to furnish a certification or an explanation 9. Nothing contained In the foregoing shall be construed to require shall disqualify such person from participation in this transaction. establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and 3. The certification in this clause Is a material representation of fact upon Information of a participant Is not required to exceed that which is which reliance was in place when the department or agency determined to normally possessed by a prudent person In the ordinary course of enter Into this transaction. If it is later determined that the prospective business dealings. primary participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the 10. Except for transactions authorized under paragraph(6)of these department or agency may terminate this transaction for cause or default. instructions, If a participant in a covered transaction knowingly enters into a lower ter covered transaction with a person who Is suspended, debarred, Ineligible, or voluntarily excluded from participation in this transaction, In addition to other remedles available to the Federal Government, the department or agency may terminate this transaction for cause of default. Paae 1 of 2 form HUD-2992(3/981 Certification B: Certification Regarding Debarment, Suspension, Ineligible and Voluntary Exclusion—Lower Tier Covered Transactions t. The prospective lower tier participant certifies, by submission of this 5.The prospecthre lower tler participant agrees by submitting this proposal,that neither it not Its principals Is presently debarred,suspended, proposal that,should the proposed covered transaction be entered proposed for debarment, declared Ineligible, or voluntarily exciuded from into,it shall not knowingly enter Into an lower tier transaction with a participation in this transaction by any Federal department or agency. person who is debarred, suspended, declared Ineligible, or voluntarily excluded from participation in this covered transaction, 2.Where the prospective lower liar participant is unable to testify to any of unless authorized by the department or agency with which this the statements in this certification,such prospective participant shall attach transaction originated. an explanation to this proposal. 6. The prospective lower tler participant further agrees by Instructions for Certifieation(B) submitting this proposal that it will Include this clause titled 'Cartification Regarding Debarment, Suspension, Ineligibility and 1. By signing and submitting this proposal, the prospective lower tier Voluntary Exclusion -- Lower Tler Covered Transaction,' without participant Is providing the certification set out below. modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions. 2. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is 7. A participant In a covered transaction may rely upon a later determined that the prospective lower tier participant knowingly certification of a prospective participant in a lower tier covered rendered an erroneous certification,In addition to other remedies available transaction that it is not debarred, suspended, ineligible, or to the Federal Government, the department or agency with which this voluntarily excluded from the covered transaction,unless it knows transaction originated may pursue available remedies,including suspension that the cert cation Is erroneous. A participant may decide the and/or debarment. method and frequency by which it determines the eligibility of Its principals. Each participant may,but is not required to,check the 3. The prospective lower tier participant shall provide immediate written Non-procurement list. notice to the person to which this proposal is submitted if at any time the prospective lower tier participant learns that Its certification was erroneous 8.Nothing contained in the foregoing shall be construed to require when submitted or has become by reason of changed circumstances, establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and 4. The terms covered transaction, debarred, suspended, Ineligible, information of a participant is not required to exceed that which is lower Uer covered transaction, participant, person, primary covered normally possessed by a prudent person in the ordinary course of transaction, principal,proposal, and voluntarily excluded, as used in business dealings. this clause, have the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact 9.Except for transactions authorized under paragraph(5)of these the person to which this proposal is submitted for assistance in obtaining a instructions, if a participant in a lower covered transaction copy of these regulations. knowingly enters into a lower tier covered transaction with a person who Is suspended,debarred,ineligible,or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies Including suspension and/or debarment. Applicant Date �)�'=1 �� ph S �Y u�-1-ia In 1-L c ILI J�(z L Signature of Au5crized Certifying Official Title i M Paae 2 of 2 form HUD-299213/98) W-9 Request for Tax Payer I D Form W-9 Request for Taxpayer dive Fortin to the (Rev.November 2017) Identification Number and Certification requester.Do not Department of the Treasury send to the IRS. Internal Revenue Service ►Go to www.fra.pov/Forn W9 for Instructions and the latest Information. I Name(as shown on your e tax rectum).Name is regtdred on thio line,do not leave this line blank 2 BusinessY4maldisrodarded entity name,it different from above 3 Check appropriate box for federal tax classftabw of the perwn whose name K entered on line 1.Check only one of the 4 Exemptions(codes apply only to rn fol seven loxes. certain entitles,not individuals:see instructions on page 3)' p usl/sole proprietor on L1 sole Corporation ❑S Corporation El Partnership ❑Twi testate single-member LLC Exempt payee code Of any) o Umited liability company.Enter"tax classification(C-C corporation,S-S corporatlon,P-Partnership)► p Note:Check the appropriate box in the line above for the tax classification of the Single-member owner. Do not check Exemption from FATCA reporting LLC 0 the LLC Is classified as a single member LLC that is disregarded from the owner unless the owner_ of the LLC is another LLC that b not disregarded from the owner for U.S.federal tax purposes.Otherwise,a single-member LLC that code(if any) a Is disregarded tram the owner should check the appropriate box for the tax classification of Its owner. ❑ Other(ase Instructions)► wa••w• "•1A0i O0 ti a'° us1 S Address(number,street,and apt,or suite no.)See instructions. RequWee name and address(optional) f otom-.x Co3 - e Cfly,state,artd ZIP code 7 Ust acoount number( fere(optional) Taxpayer Identification Number(TIN) Enter your TIN in the appropriate box.The nN provided must match the name given on line 1 to avoid Social security number backupwithholding.For individuals,this is generally your social security number(5SM.However,for a r -m - resident ellen,sole proprietor,or disregarded entity,see the instructions for Part 1,later.For other entities,it Is your employer identification number(EIN).If you do not have a number,see How to get a TIN,later. or Note:If the account is in more than one name,see the Instructions for line 1.Also see What Name and I Employer ide itttnesoon number Number To Give the Requester for guidelines on whose number to enter. MZo -5 9lqlul5Mql Certification Under penalties of perjury,I certify that: 1.The number shown on this form Is my correct taxpayer Identification number(or I am waiting for a number to be issued to me);and 2.1 am not subject to backup withholding because:(a)I am exempt from backup withholding,or(b)I have not been notified by the Internal Revenue Service(IRS)that I am subject to backup withholding as a result of a failure to report all Interest or dividends,or(c)the IRS has noted me that I am no longer subject to backup withholding;and 3.1 am a U.S.citizen or other U.S,person(defined below);and 4.The FATCA code(s)entered on this form(f any)Indicating that I am exempt from FATCA reporting is correct. Certification Instructions,You must cross out Item 2 above If you have been noted by the IRS that you are currently subject to backup withholding because you have tailed to report all Interest and dividends on your tax return.For real estate transactions,item 2 does not apply.For mortgage interest paid, acquisition or abandonment of secured property,cancellation of debt,contributions to an individual retirement arrangement ORA),and generally,payments other than interest and dividends,you are not required to sign the certification,but you must provide your correct TIN.See the Instructions for Part 11,later. sign Signature of Here U.S.parson► LS.1y�,1 YA F'[1r�A-- _ - Pate► �2I f ZO jL General Instructions •Fortin 1099-DIV(dividends,including those from stocks or mutual funds) Section references are to the Internal Revenue Code unless otherwise .Form 1099-MISC(various types of income,prizes,awards,or gross noted. proceeds) Future developments.For the latest information about developments •Form 1099-B(stock or mutual fund sales and certain other related to Form W-9 and its instructions,such as legislation enacted transactions by brokers) after they were published,go to www.irs.gov/Form". •Farm 1099-S(proceeds from real estate transactions) Purpose of Form •Form 1099-K(merchant card and third party network transactions) An individual or entity(Form W-9 requester)who Is required to file an •Form 1098(home mortgage interest),1098-E(student loan interest), Information return with the IRS must obtain your correct taxpayer 1088-T(tuition) Identification number(Tiff which may be your social security number •Form 1099-C(canceled debt) (SSM,individual taxpayer identification number(MN),adoption •Form 1099-A(acquisition or abandonment of secured property) taxpayer Identification number(ATIN),or employer identification number Use Forrn W-9 only if you are a U.S.person(including a resident (EIN),to report on an Information return the amount paid to you,or other alien),to provide your correct TIN. amount reportable on an Information return.Examples of Information returns include,but are not limited to,the following. If you do not Mum Fort W-9 to the requester with a TIN,you might Form 1099-INT(Interest earned or pald) be subject to backup withholding.See What is backup withholding, later. Conflict of Interest Summary and Affidavit CONFLICT OF INTEREST SUMMARY OF RULES FOR CDBG CONTRACTORS I. Introduction Prospective CDBG contractors should carefully consider whether any of their activities may give rise to an improper conflict of interest situation. Conflict of interest situations that are not properly addressed can result in a loss of CDBG funding to the program and/or to the city, and in some cases can result in civil or criminal liability. Organizations that are requesting CDBG funding should ask themselves the following questions: Are any of my employees or board members, • A city employee or consultant who exercises CDBG- related functions as part of their city position? • A City Official? Are any immediate family members or business associates of my employees or board members, ■ A city employee or consultant who exercises CDBG- related functions as part of their city position? • A City Official? Will any of my em ITp ogees or board members receive a financial interest or benefit from CDBG funds (other than employee salaries or personnel benefits)? Will any immediate family members or business associates of my employees or board members receive a financial interest or benefit from CDBG funds (other than employee salaries or personnel benefits)? To my knowledge, will my program or project have a financial effect on a city official or employee who exercises CDBG-related functions, or an immediate family member or business associate of such person? For CONFLICT OF INTEREST SUMMARY OF RULES FOR CDBG CONTRACTORS I. Introduction Prospective CDBG contractors should carefully consider whether any of their activities may give rise to an improper conflict of interest situation. Conflict of interest situations that are not properly addressed can result in a loss of CDBG funding to the program and/or to the city, and in some cases can result in civil or criminal liability. Organizations that are requesting CDBG funding should ask themselves the following questions; Are any of my employees or board members, • A city employee or consultant who exercises CDBG- related functions as part of their city position? ■ A City Official? Are any immediate family members or business associates of my employees or beard members, ■ A city employee or consultant who exercises CDBG- related functions as part of their city position? • A City Official? Will any of my employees or board members receive a financial interest or benefit from CDBG funds (other than employee salaries or personnel benefits)? Will any immediate family members or business associates of my employees or board members receive a financial interest or benefit from CDBG funds (other than employee salaries or personnel benefits)? To my knowledge, will my program or project have a financial effect on a city official or employee wo exercises CDBG-related functions, or an immediate family member or business associate of such person? For example, will any of these persons be receiving rental payments, other business income or program services from my program? If you can answer "yes" to any of these questions, it is possible that there May be a conflict of interest. You should review the rules below to determine whether an actual conflict situation is raised, and, if so, what action needs to be taken to avoid a violation of the law. You should contact city staff immediately if you suspect that there might be an issue. Any contractor entering into an agreement with the City in which CDBG funding will be utilized, will be required to warrant, and represent, to the best of his/her knowledge at the time the contract is executed, he/she is not aware of any improper conflict of interest as described below. Also, the contract will obligate contractors to exercise due diligence to ensure that no improper conflict situations occur during the contract. The following Federal and State Conflict of Interest Laws govern activities funded with CDBG funds: • HUD conflict of interest regulations (24 CFR Part 570.611 and 24 CFR Part 85.36) • Texas Local Government Code Chapter 171.004 I. City Officials,Their Family, or Business Partners Benefittinit from CDBG Pro ects. HUD Rule. The HUD conflict of interest rule prohibits any "covered person" associated with the City (as defined below) from obtaining a financial interest or benefit from a CDBG assisted activity or contract, of the proceeds under any such contract, during that covered person's tenure with the City and for one year thereafter. A "covered person" is defined by HUD as any employee, agent, consultant, officer, or elected or appointed official of the City who, with respect to CDBG-funded activities under the contract: (a) exercises or has exercised any functions or responsibilities; or, (b) is in a position to participate in a decision-making process; or, (c) is in a position to gain inside information. City staff members or consultants who exercise the above roles or function with respect to the CDBG activity are considered "covered persons." For purposes of the CDBG program, a "covered person" specifically includes any member of the Round Rock City Council, or any director of any board associated with reviewing and making recommendations on the funding for the contract, whether or not that council member or director actually participated in the review or recommendation. "Covered person" may also include member of other City boards and commissions, if that board or commission has exercised functions or decision-making with respect to the CDBG activity. The HUD rule further prohibits anyone with "family or business ties" to the covered public official from receiving a financial interest or benefit. State Law. State law requires a local public official with substantial interest in a business entity or in real property, to file, before a vote or decision on any matter involving the business entity or the real property, an affidavit stating the nature of the extent of the interest. The state law required that any public official of the City, should publicly recuse him/herself from participating in any discussions relating to the CDBG grant-making process. Failure of the person to recuse him/herself before the discussions begin may disqualify the organization's application for funds. III. Interests of persons associated with the contractor. The HUD rule also addresses financial interests that are held by certain persons associated with a CDBG contractor. The HUD rule prohibits any if covered person" associated with the contractor from obtaining a financial interest or benefit (with the exception of the use of CDBG funds to pay salaries and other related administrative and personnel costs)from a CDBG assisted activity or contract, or the proceeds under any such contract, during that covered person's tenure with the contactor and for one year thereafter. A "covered person" is defined by HUD as any employee, agent, consultant, officer, or elected or appointed official of the contractor who, with respect to CDBG-funded activities under the contract: (a) exercises or has exercised any functions or responsibilities; or (b) is in a position to participate in a decision-making process; or (c) is in a position to gain inside information. This rule extends to those with whom the covered person has "family or business ties" (as defined above). This rule would, for example, prohibit certain employees or directors of a CDBG contractor from using CDBG funds to pay for rent on a property owned by that employee or director, as well as family and business associates of that person. IV. Remedies and Sanctions. The CDBG grant contract provides that if a CDBG contractor fails to make a good faith effort to avoid an improper conflict of interest situation or is responsible for the improper conflict situation, the City may (1) suspend CDBG payments, (2) terminate the contract, (3) require reimbursement by the contractor to the City of HUD of any amounts already disbursed and/or (4) bar future CDBG funding of the contractor in the event HUD suspends or terminates its rant to the city for conflict of interest reasons, or in the event the city reasonably determines that an improper conflict of interest situation may arise from payments under the contract. This could happen whether or not the contractor is responsible for the conflict-of-interest situation. Certification: I, the undersigned, acknowledge and certify that I have read and understand the summary of Rules for CDBG Contractors. Date: Company/Vendor Name: 12 IS 2a�Z �. 0 < Printed Name and Title: Authorized Signatory: CITY OF ROUND ROCK COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM AFFIDAVIT REGARDING CONFLICT OF INTEREST Acknowledgement: I, the undersigned, certify that I have read and understand the conflict of interest regulations by the US Department of Housing and Urban Development, Community Development Block Grant Program, including 24 CFR Part 570.611: 24 CFR Part 570.611 (b) Conflicts prohibit. No persons described in paragraph (c) of this section who exercise or have exercised any functions or responsibilities with respect to activities assisted with CDBG funds or wo are in a position to participate in a decision-making process or gain inside information with regard to these activities, may obtain a financial interest or benefit from a CDBG-assisted activity, or have an interest in any contract, subcontract, or agreement with respect thereto, or the proceeds thereunder, either for themselves or those with whom they have family or business ties, during their tenure or for one year thereafter. 24 CFR Part 570.611 (c) Persons covered. The conflict of interest provisions of paragraph (b) of this section apply to any person who is an employee, agent, consultant, officer, or elected official or appointed official to the recipient,or of any designated public agencies, or of subrecipients that are receiving CDBG funds. Certification: I,the undersigned, certify and report that to the best of my knowledge, have no conflict of interest to disclose o I have the following conflict of interest to disclose: Date: 2- (7,322- Company/Vendor Name: Lt1L Printed Name and Title: Authorized Signatory: r' r 7,.i,'l�I Soto 'v�E✓yY� �-z.-- Certification Regarding Equal Employment Opportunity U.S.DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT CERTIFICATION OF BIDDER REGARDING EQUAL EMPLOYMENT OPPORTUNITY INSTRUCTIONS This certification is required pursuant to Executive Order 11246(30 F.R. 12319-25). The implementing rules and regulations provide that any bidder or prospective contractor, or any of their proposed subcontractors, shall state as an initial part of the bid or negotiations of the contract, whether it has participated in any previous contract or subcontract subject to the equal opportunity clause; and, if so, whether it has filed all compliance reports due under applicable instructions. Where the certification indicates that the bidder has not filed a compliance report due under applicable instructions,such bidders shall be required to submit a compliance report within seven (7)calendar days after bid opening. No contract shall be awarded unless such report is submitted. CERTIFICATION BY BIDDER Bidder's Name: tt J C• bn4m, - n I., iLG Address and Zip Code: - D IDX 6D5913 1. Bidder has participated in previous contract or subcontract subject to the Equal Employmgnt Opportunity Clause. Yes No (If answer is yes,identify the most recent contract) 2. Compliance reports were required to be filed in connection with such contract or subcontract. Yes No (If answer is yes, identify the most recent contract) 3. Bidder has filed all compliance reports due undVpplicable instructions, including SF- 200. Yes No None Required 4. If answer to Item 3 is"No",please explain in detail on the reverse side of this certification. Certification — The information above is true and complete to the best of my knowledge and belief. (Name and Title of Signer—please type) v" S# rvi "Wvr, sal I MEvn be- Signature Date HUD 4238 Certification Designating Officer or Employee to Supervise Payment CITY OF EDINBURG COMMUNITY DEVELOPMENT/GRANTS MANAGEMEN/DEPT. CERTIFICATE FROM CONTRACTORISUBCONTRACTOR DESIGNATING OFFICER OR EMPLOYEE TO SUPERVISE PAYMENT OF EMPLOYEES Project Name: boa,Nl u k [iAl NL5-6 n.yA i\ Date: I !ISI -Zz, Z4, Location: Project No.: (1) (We)hereby certify that(I am)(we are)(the prime contractor)(a subcontractor) for � "z�'^ \ (-\<1-�-v ` r\ in connection with (Specify"General Construction," "Plumbing,""Roofing,"etc.) construction of the above-mentioned CDBG Project, and that(1)(we)have appointed r% S-a i,^, Vvkv-r,l' ,whose signature appears below, to supervise the payment of(my)(our)employees beginning l�)eC_ 1 S , 20 Z.-L: That he/she is in a position to have full knowledge of the facts set forth in the payroll documents and in the Statement of Compliance required by the so-called Kick-Back Statute which he/she is to execute with (my) (our)full authority and approval until such time as (1) (we)submit to the City of Edinburg a new certificate appointing some other person for the purposes herein above stated. (Signature of Appointee) (Namel of Firm or Corporation) List with signatures all owners, partners, and/or officers of the Corporation below: (Signature) (Title) (Signature) (Title) (Signature) (Title) NOTE:This certificate must be executed by authorized officers of the corporation and/or by members of the partnership, and shall be executed prior to and be submitted with the first payroll. Should the appointee be changed, a new certificate must accompany the first payroll for which the new appointee executes the Statement of Compliance required by the Kick-Back Statute. A new designation is not necessary as long as the person signing the Statement of Compliance is an owner, partner or officer of the Corporation whose signature appears above. Certification Regarding Clean Air and Water CLEAN AIR AND WATER CERTIFICATION (For all contracts exceeding $100,000 including indefinite quantities where the amount Is expected to exceed $100,000 In any year) The Bidder certifies that: 1. Any facility to be used in the performance of this proposed contract is not listed on the Environmental Protection Agency List of Violating Facilities; 2. The bidder will immediately notify the Procuring Agency, before award, of the receipt of any communication from the Administrator, or a designee, of the Environmental Protection Agency, indicating that any facility that the Bidder proposes to use for the performance of this contract is under consideration to be listed on the EPA List of Violating Facilities; and 3. The Bidder will include a certification substantially the same as this certification, including this paragraph, in every non-exempt subcontract. 1I Signature of Contractor's Authorized Official:�-A-41 Name of Contractor's Authorized Official: �LY k OW`Ot Title of Contractor's Authorized Official: �Y)ZVAbe✓ Date: \,1-91-u Certification Regarding Non-Lobbying Activities CERTIFICATION ON NON-LOBBYING ACTIVITIES CERTIFICATION FOR CONTRACTS, GRANTS, AND LOANS The undersigned certifies, to the best of his or her knowledge and belief, that: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the Undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant or Federal loan, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant or loan. 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant or loan, the undersigned shall complete and submit Standard Form-LLL, "Disclosure of Lobbying Activities," in accordance with its instructions. 3. The undersigned shall require that the language of this certification be included in the Award documents for all subawards at all tiers (including contracts, subcontracts, and subgrants under grants and loans) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. 'A f I Sb`\ —�Y� eW�13c ✓ -- NAME TITLE IGNATURE DATE Non-Collusion Affidavit for Prime Bidder/Subcontractor NON-COLLUSION AFFIDAVIT OF PRIME BIDDER/SUBCONTRACTOR State of Texas) County of Williamson) City of Round Rock) -Y' SA()A yA t J am- n , being the first duly sworn,deposes and says that: 1.He/she is of of�� . �1j l _�r\ Li- C T� (Owner,partner,etc.) (Company) the Bidder that has submitted the attached Bid; 2. He/she is fully informed respecting the preparation and contents of the attached Bid and of all pertinent circumstances respecting such Bid; 3.Such Bid is genuine and is not a collusive or sham Bid; 4. Neither the said Bidder nor any of its officers, partners,owners,subcontractors,agents, representatives,employees or parties in interest including this affiant, has in any way colluded, conspired,connived or agreed,directly or indirectly,with any other Bidder,firm or person to submit a sham Bid in connection with the Contract for which the attached Bid has been submitted or to refrain from bidding in connection with such Contract,or has in any manner,directly or indirectly sought by agreement or collusion or communication or conference with any other Bidder,firm or person to fix price or prices in the attached Bid or of any other Bidder,or to fix overhead, profit or cost element of the bid price or the bid price of any other bidder,or to secure through any collusion, conspiracy, connivance or unlawful agreement and advantage against the City of Round Rock; S. No member of the City Council,or any person in the employ of the City is directly or indirectly interested in the bid,or the work to which it relates,or in any portion of the profits thereof;and, 6.The price of prices quoted in the attached Bid are fair and proper and are not tainted by any collusion, conspiracy,connivance or unlawful agreement on the part of the Bidder or any of its agents, representatives,owners,employees or parties in interest including this affiant; 7. 1 have read and understand the document and agree(s)to comply with the terms and conditions contained as the date hereof;8. 1 the Bidder am not indebted to the City of Round rock in any form or manner. Signature: 147� � �f Date: o' Title: S c�✓� Title: 1{� Notary: JX4v, Yt, rA ter` (Apply Notary Seal) (Print or type names under all signatures) 011111,, JAMES SHIPMAN �A; o'', ?f. Notary Public, State of Texas �= Comm. Expires 11.01-2023 'l'h°ifN`�` Notary ID 132234697 Section 3 Information and Eligibility Requirements Section 3 Business Concern Certification Instructions: Enter the following information and select the criteria that applies to certify your business's Section 3 Business Concern status. Business Informat7�(l J Name of Business: * LCL Address of Business 7, Name of Business Owner: 'ej 44 Phone Number:�,�- 4009t3 Email: My ge 1 ,CoQ r Prefer d Contact Information 7 Same as above Name of Preferred Contact Phone Number: Email: Type of Business (select from the following options): Z_L* mtorporation ❑Partnership ❑Sole Proprietorship ❑Joint Venture Select from ONE of the following three options below that applies and provide required documentation for verification and certlfication: ❑ At least 51% of the business is owned and controlled by low or very low income persons (Refer to Eligibility Guidelines document). o Most Recent Income Tax Return Statement ❑ At least 51% of the business is owned and controlled by current public housing residents or residents who currently live in Section 8-assisted housing. o Letter of verification from the Public Housing Authority Over 75% of the labor hours performed for the business over the prior three-month period are performed by Section 3 workers (Refer to Eligibility Guidelines document). o Payroll Hours Log for ALL employees for the prior three-month period; and o Payroll Hours Log for the prior three-month period showing at least 75%of total hours were worked by Section 3 or Targeted Section 3 Workers; and o Section 3 or Targeted Section 3 Self-Certifications for all workers included in the 75% claim Business Concern Affirmation I affirm that the above statements (on the frontside of this form) are true, complete, and correct to the best of my knowledge and belief. I understand that businesses who misrepresent themselves as Section 3 business concerns and report false information to the City of Round Rods may have their contracts terminated as default and be barred from ongoing and future considerations for contracting opportunities. I hereby certify, under penalty of law, that the fallowing information is correct to the best of my knowledge. r Print Name: / 4 Signature: Date: Certification expires within six months of the date of signature information regarding Section 3 Business Concems can be found at 24 CFR 75.5 FOR ADMINISTRATIVE USE ONLY Is the business a Section 3 Business Concern based upon their certification and documentation provided? ❑YES [1 NO Reviewer Comments: EMPLOYERS MUST RETAIN THIS FORM IN THEIR SECTION 3 COMPLIANCE FILE FOR FIVE YEARS. Section 3 Worker and Targeted Section 3 Worker Self-Certification (Sample Form) The purpose of HUD's Section 3 program is to provide employment, training and contracting opportunities to low-income individuals, particularly those who are recipients of government assistance for housing or other public assistance programs. Your response is voluntary, confidential, and has no effect on your employment. Eligibility for Section 3 Worker or Targeted Section 3 Worker Status A Section 3 worker seeking certification shall self-certify and submit this form to the recipient contractor or subcontractor, that the person is a Section 3 worker or Targeted Section 3 Worker as defined in 24 CFR Part 75. Instructions: Enter/select the appropriate information to confirm your Section 3 worker or Targeted Section 3 Worker status. Employee Name: of a a 1. Are you a resident of public housing or a Housing Choice DYES 2<0 Voucher Holder(Section 8)? 2. Are you a resident of the ?�041t� !LD04, DYES C3NO 3. In the field below, select the amount of individual income you believe you earn on an annual basis. *The grantee should confirm that their state and local laws do not prohibit this question. ❑ Less than $10,000 ❑ $ ,001 - $40,000 ❑ More than $60,000 0 $10,001 -$20,000 $40,001 - $50,000 ❑ $20,001 -$30,000 0 $50,001 - $60,000 Select from ONE of the following two options below: I qualify as a: 21`7 ection 3 Worker (as defined on page 4 of Section 3 Worker Certification Form) ❑ Targeted Section 3 Worker (as defined on pages 4-5 of Section 3 Worker Certification Form) (frontside) 2 Employee Affirmation I affirm that the above statements (on frontside of this form) are true, complete, and correct to the best of my knowledge and belief. I hereby certify, under penalty of law, that the following information is correct to the best of my knowledge. Ir Employee Address: ?iD�0 +�''�4.19E�t5� � t( a TY 79,0-7 T , Print Name: �,�t C. �i��(��G S Date Hired: J04,12- Signature: d ZSignature: Date: L Z- i FOR ADMINISTRATIVE USE ONLY Is the employee a Section 3 worker based upon their self-certification? El YES 0 N Is the employee a Targeted Section 3 worker based upon their self-certification? OYES ❑NO Was this an applicant who was hired as a result of the Section 3 project? ❑YES ❑NO If Yes, what is the name of the company? What was the date of hire? EMPLOYERS MUST RETAIN THIS FORM IN THEIR SECTION 3 COMPLIANCE FILE FOR FIVE YEARS. ,'yf Mr4 �O e (backside) 9'Er Of V ES Section 3 Worker and Targeted Section 3 Worker Self-Certification (Sample Form) The purpose of HUD's Section 3 program is to provide employment, training and contracting opportunities to low-income individuals, particularly those who are recipients of government assistance for housing or other public assistance programs. Your response is voluntary, confidential, and has no effect on your employment. Eligibility for Section 3 Worker or Targeted Section 3 Worker Status A Section 3 worker seeking certification shall self-certify and submit this form to the recipient contractor or subcontractor, that the person is a Section 3 worker or Targeted Section 3 Worker as defined in 24 CFR Part 75. Instructions: Enter/select the appropriate information to confirm your Section 3 worker or Targeted Section 3 Worker status. Employee Name: t� t3t. 1 Are you a resident of public housing or a Housing Choice DYES A`0 Voucher Holder (Section 8)? 2 Are you a resident of the f2•p,,. 5-0„,t, DYES NO 3. In the field below, select the amount of individual income you elieve you earn on an annual basis, *The grantee should confirm that their state and local laws do not prohibit this question. ❑ Less than $10,000240,001 ,001 - $40,000 ❑ More than $60,000 ❑ $10,001 - $20,000 - $50,000 0 $20,001 -$30,000 0 $50,001 -$60,000 Select from ONE of the following two options below: I qualify as a: ❑ Section 3 Worker (as defined on page 4 of Section 3 Worker Certification Form) ❑ Targeted Section 3 Worker (as defined on pages 4-5 of Section 3 Worker Certification Form) 4,',VEMyFO (frontside) oL �I.,y pEE C 2 Employee Affirmation I affirm that the above statements (on frontside of this form) are true, complete, and correct to the best of my knowledge and belief. I hereby certify, under penalty of law, that the following information is correct to the best of my knowledge. -r i Employee Address: f vrt I �/`�27� �-7 Print Name: V r;�A Date Hired: �Z-Z. Signature: Date: FOR ADMINISTRATIVE USE ONLY Is the employee a Section 3 worker based upon their self-certification? El YES ❑NO Is the employee a Targeted Section 3 worker based upon their self-certification? ❑YES El NO Was this an applicant who was hired as a result of the Section 3 project? DYES ❑NO If Yes, what is the name of the company? What was the date of hire? EMPLOYERS MUST RETAIN THIS FORM IN THEIR SECTION 3 COMPLIANCE FILE FOR FIVE YEARS. ',Yf May 4 (backside ) 4y pEyt 3 Section 3 Worker and Targeted Section 3 Worker Self-Certification (Sample Form) The purpose of HUD's Section 3 program is to provide employment, training and contracting opportunities to low-income individuals, particularly those who are recipients of government assistance for housing or other public assistance programs. Your response is voluntary, confidential, and has no effect on your employment. Eligibility for Section 3 Worker or Targeted Section 3 Worker Status A Section 3 worker seeking certification shall self-certify and submit this form to the recipient contractor or subcontractor, that the person is a Section 3 worker or Targeted Section 3 Worker as defined in 24 CFR Part 75. Instructions: Enter/select the appropriate information to confirm your Section 3 worker or Targeted Section 3 Worker status. Employee Name: 2 �1�ns C �1l` A 1. Are you a resident of public housing or a Housing Choice DYES 34O Voucher Holder(Section 8)? 2. Are you a resident of the DYES❑YES ❑<0 3. In the field below, select the amount of individual income you believe you earn on an annual basis. *The grantee should confirm that their state and local laws do not prohibit this question. ❑ Less than $10,000 ❑ $30,001 - $40,000 eMore than $60,000 0 $10,001 -$20,000 0 $40,001 - $50,000 0 $20,001 -$30,000 0 $50,001 - $60,000 Select from ONE of the following two options below: I quali as a: Section 3 Worker (as defined on page 4 of Section 3 Worker Certification Form) ❑ Targeted Section 3 Worker (as defined on pages 4-5 of Section 3 Worker Certification Form) (frontside) Employee Affirmation I affirm that the above statements (on frontside of this form) are true, complete, and correct to the best of my knowledge and belief. I hereby certify, under penalty of law, that the following information is correct to the best of my knowledge. { Employee Address: Print Name: LD 54. Za\ga1o, Date Hired: 3 1 9 Signature: ��Se_ o��k Date: 5--1.�=+d _ u- �T FOR ADMINISTRATIVE USE ONLY Is the employee a Section 3 worker based upon their self-certification? ❑YES ❑NO Is the employee a Targeted Section 3 worker based upon their self-certification? El YES El NO Was this an applicant who was hired as a result of the Section 3 project? ❑YES LINO If Yes, what is the name of the company? What was the date of hire? EMPLOYERS MUST RETAIN THIS FORM IN THEIR SECTION 3 COMPLIANCE FILE FOR FIVE YEARS. W'ptufw144O J (backside) '�IIIdG' r`= �sw uE c a Section 3 Worker and Targeted Section 3 Worker Self-Certification (Sample Form) The purpose of HUD's Section 3 program is to provide employment, training and contracting opportunities to low-income individuals, particularly those who are recipients of government assistance for housing or other public assistance programs. Your response is voluntary, confidential, and has no effect on your employment. Eligibility for Section 3 Worker or Targeted Section 3 Worker Status A Section 3 worker seeking certification shall self-certify and submit this form to the recipient contractor or subcontractor, that the person is a Section 3 worker or Targeted Section 3 Worker as defined in 24 CFR Part 75. Instructions: Enter/select the appropriate information to confirm your Section 3 worker or Targeted Section 3 Worker status. Employee Name: b/ ; e1 SA, p��q�,v�Q� 1, Are you a resident of public housing or a Housing Choice ❑YES 13/0 Voucher Holder(Section 8)? 2. Are you a resident of the gvAct P-0 I , Coo- OYES /N0 3. In the field below, select the amount of individual income you believe you earn on an annual basis. *The grantee should confirm that their state and local laws do not prohibit this question. ❑ Less than $10,000 11,P$ &,-M01 - $40,000 ❑ More than $60,000 0 $10,001 - $20,000 Iff$40,001 - $50,000 0 $20,001 - $30,000 0 $50,001 - $60,000 Select from ONE of the following two options below: I qualify as a: e/Section 3 Worker (as defined on page 4 of Section 3 Worker Certification Form) ❑ Targeted Section 3 Worker (as defined on pages 4-5 of Section 3 Worker Certification Form) h fJl�1J ,"o (frontside) �9 'w oeve9 Employee Affirmation I affirm that the above statements (on frontside of this form) are true, complete, and correct to the best of my knowledge and belief. I hereby certify, under penalty of law, that the following information is correct to the best of my knowledge. Employee Address: [.Y„ _�I OB ` x 19b Print Name: 5a� a ' �a� �� Date Hired: Signature: Date: FOR ADMINISTRATIVE USE ONLY Is the employee a Section 3 worker based upon their self-certification? [DYES El NO Is the employee a Targeted Section 3 worker based upon their self-certification? OYES ❑NO Was this an applicant who was hired as a result of the Section 3 project? DYES ONO If Yes, what is the name of the company? What was the date of hire? EMPLOYERS MUST RETAIN THIS FORM IN THEIR SECTION 3 COMPLIANCE FILE FOR FIVE YEARS. E',VEMl� 4` (backside) °w of iE o Section 3 Worker and Targeted Section 3 Worker Self-Certification (Sample Form) The purpose of HUD's Section 3 program is to provide employment, training and contracting opportunities to low-income individuals, particularly those who are recipients of government assistance for housing or other public assistance programs. Your response is voluntary, confidential, and has no effect on your employment. Eligibility for Section 3 Worker or Targeted Section 3 Worker Status A Section 3 worker seeking certification shall self-certify and submit this form to the recipient contractor or subcontractor, that the person is a Section 3 worker or Targeted Section 3 Worker as defined in 24 CFR Part 75. Instructions: Enter/select the appropriate information to confirm your Section 3 worker or Targeted Section 3 Worker atus. Employee Name: 1 Are you a resident of public housing or a Housing Choice DYES QNO Voucher Holder(Section 8)? 2. Are you a resident of the �,,, �Loty_IWilk 4_v.�Co• DYES O 3. In the field below, select the amount of individual income you b lieve you earn on an annual basis. *The grantee should confirm that their state and local laws do not prohibit this question. ❑ Less than $10,000 ❑ $30,001 -$40,000 ❑ More than $60,000 ❑ $10,001 - $20,000 ❑ $ 01 -$50,000 0 $20,001 -$30,000 $50,001 -$60,000 Select from ONE of the following two options below: I quali as a: Section 3 Worker (as defined on page 4 of Section 3 Worker Certification Form) ❑ Targeted Section 3 Worker (as defined on pages 4-5 of Section 3 Worker Certification Form) MEN1� M 4. (frontside) _ a` 2 Employee Affirmation I affirm that the above statements (on frontside of this form) are true, complete, and correct to the best of my knowledge and belief. I hereby certify, under penalty of law, that the following information is correct to the best of my knowledge. Employee Address: Tb 1% , I�r `1 UOy��e , 7� :)gb17 Print Name: CA IPCkOA t)f ktZ Date Hired: O I Signature: _EL Date. L��ZZ FOR ADMINISTRATIVE USE ONLY Is the employee a Section 3 worker based upon their self-certification? OYES ONO Is the employee a Targeted Section 3 worker based upon their self-certification? ❑YES ❑NO Was this an applicant who was hired as a result of the Section 3 project? [--]YES ❑NO If Yes, what is the name of the company? What was the date of hire? EMPLOYERS MUST RETAIN THIS FORM IN THEIR SECTION 3 COMPLIANCE FILE FOR FIVE YEARS. �uewry, �y4��lll�l{I r (backside) 3 Section 3 Worker and Targeted Section 3 Worker Self-Certification (Sample Form) The purpose of HUD's Section 3 program is to provide employment, training and contracting opportunities to low-income individuals, particularly those who are recipients of government assistance for housing or other public assistance programs. Your response is voluntary, confidential, and has no effect on your employment. Eligibility for Section 3 Worker or Targeted Section 3 Worker Status A Section 3 worker seeking certification shall self-certify and submit this form to the recipient contractor or subcontractor, that the person is a Section 3 worker or Targeted Section 3 Worker as defined in 24 CFR Part 75. Instructions: Enter/select the appropriate information to confirm your Section 3 worker or Targeted Section 3 Worer status. 1 Employee Name: l/ rA%'2-- 1 2--1 Are you a resident of public housing or a Housing Choice OYES BNO Voucher Holder (Section 8)? 2. Are you a resident of ths. 9" 4 t4i W"Nr 404 6kc DYES QNO 3 In the field below, select the amount of individual income you believe you earn on an annual basis. *The grantee should confirm that their state and local laws do not prohibit this question. ❑ Less than $10,000 ❑ $30,001 -$40,000 ❑ More than $60,000 ❑ $10,001 - $20,000 ❑ $A0;001 .$50,000 0 $20,001 - $30,000 e$50,001 -$60,000 Select from ONE of the following two options below: I qu as a: Section 3 Worker (as defined on page 4 of Section 3 Worker Certification Form) D Targeted Section 3 Worker (as defined on pages 4-5 of Section 3 Worker Certification Form) I 1 (frontside) 2 Employee Affirmation I affirm that the above statements (on frontside of this form) are true, complete, and correct to the best of my knowledge and belief. I hereby certify, under penalty of law, that the following information is correct to the best of;may knowledge. Employee Address: Jto 'Fo l -1 t� . 1/e, I1(e7k l Print Name: Date Hired: 1 I Signature: Datel `2 - !I' FOR ADMINISTRATIVE USE ONLY Is the employee a Section 3 worker based upon their self-certification? El YES ONO Is the employee a Targeted Section 3 worker based upon their self-certification? DYES 0N Was this an applicant who was hired as a result of the Section 3 project? ❑YES ❑NO If Yes, what is the name of the company? What was the date of hire? EMPLOYERS MUST RETAIN THIS FORM IN THEIR SECTION 3 COMPLIANCE FILE FOR FIVE YEARS. '�r rrq.4 (backside) w aEve 3 Section 3 Worker and Targeted Section 3 Worker Self-Certification (Sample Form) The purpose of HUD's Section 3 program is to provide employment, training and contracting opportunities to low-income individuals, particularly those who are recipients of government assistance for housing or other public assistance programs. Your response is voluntary, confidential, and has no effect on your employment. Eligibility for Section 3 Worker or Targeted Section 3 Worker Status A Section 3 worker seeking certification shall self-certify and submit this form to the recipient contractor or subcontractor, that the person is a Section 3 worker or Targeted Section 3 Worker as defined in 24 CFR Part 75. Instructions: Enter/select the appropriate information to confirm your Section 3 worker or Targeted Section 3 W^^or(rk�er status! Employee Name: f-1�k ao10 !�►� JiNe l CnVZrACkir, 1. Are you a resident of public housing or a Housing Choice OYES CMO Voucher Holder (Section 8)? 2. Are you a resident of the lRvc&�U1;t�;p5� �,„ ❑YES 36 3. In the field below, select the amount of individual income you believe you earn on an annual basis. `The grantee should confirm that their state and local laws do not prohibit this question. O Less than $10,000 ❑ $30,0 -$40,000 ❑ More than $60,000 O $10,001 -$20,000 0 W,001 -$50,000 0 $20,001 -$30,000 $50,001 -$60,000 Select from ONE of the following two options below: qu as a: Section 3 Worker (as defined on page 4 of Section 3 Worker Certification Form) 0 Targeted Section 3 Worker (as defined on pages 4-5 of Section 3 Worker Certification Form) f,,t Vf hf4h !! OP (frontside) _�•��iiE�� ,,' •.a,ofto Ve �. _ Employee Affirmation I affirm that the above statements (on frontside of this form) are true, complete, and correct to the best of my knowledge and belief. I hereby certify, under penalty of law, that the following information iscorrectto the best of my knowledge. s Employee Address: I 4 IlQ. 7vb�� Print Name: AT CsAo A)y,n Z?. Lu2 onn�,r, Date Hired: bllzql,S Signature: lam'"oli b ��"�J Date:l 2 -l V- 2Z FOR ADMINISTRATIVE USE ONLY Is the employee a Section 3 worker based upon their self-certification? ❑YES ❑NO Is the employee a Targeted Section 3 worker based upon their self-certification? OYES ❑NO Was this an applicant who was hired as a result of the Section 3 project? DYES ❑NO If Yes, what is the name of the company? What was the date of hire? EMPLOYERS MUST RETAIN THIS FORM IN THEIR SECTION 3 COMPLIANCE FILE FOR FIVE YEARS. °�tyE wl,y 40 N O (backside) °+.v oFvc,a 3 :: Section 3 Worker and Targeted Section 3 Worker Self-Certification (Sample Form) The purpose of HUD's Section 3 program is to provide employment, training and contracting opportunities to low-income individuals, particularly those who are recipients of government assistance for housing or other public assistance programs. Your response is voluntary, confidential, and has no effect on your employment. Eligibility for Section 3 Worker or Targeted Section 3 Worker Status A Section 3 worker seeking certification shall self-certify and submit this form to the recipient contractor or subcontractor, that the person is a Section 3 worker or Targeted Section 3 Worker as defined in 24 CFR Part 75. Instructions: Enter/select the appropriate information to confirm your Section 3 worker or Targeted Section 3 Worker status. L Employee Name: ��L-Ark Co 0% 1. Are you a resident of public housing or a Housing Choice OYES CAO Voucher Holder (Section 8)? 2. Are you a resident of the �� 7_0 ok OYES QNO 3. In the field below, select the amount of individual income you believe you earn on an annual basis. `The grantee should confirm that their state and local laws do not prohibit this question. ❑ Less than $10,000 ❑ $ ,, 01 - $40,000 ❑ More than $60,000 0 $10,001 -$20,000 C $40,001 -$50,000 0 $20,001 -$30,000 0 $50,001 - $60,000 Select from ONE of the following two options below: 1qua as a: Section 3 Worker(as defined on page 4 of Section 3 Worker Certification Form) ❑ Targeted Section 3 Worker (as defined on pages 4-5 of Section 3 Worker Certification Form) (frontside) Illlpll '•wOfvE° Employee Affirmation I affirm that the above statements (on frontside of this form) are true, complete, and correct to the best of my knowledge and belief. I hereby certify, under penalty of law, that the following information is correct to the best of my knowledge. 2�Z - V I '� 78 61 Employee Address: Sol, 1/Gb�fe y Print Name: C\LedV0 C&< " A,,40., Date Hired: Signature: C/!/,PG✓ Date:c FOR ADMINISTRATIVE USE ONLY Is the employee a Section 3 worker based upon their self-certification? ❑YES ❑NO Is the employee a Targeted Section 3 worker based upon their self-certification? El YES ONO Was this an applicant who was hired as a result of the Section 3 project? ❑YES ❑NO If Yes, what is the name of the company? What was the date of hire? EMPLOYERS MUST RETAIN THIS FORM IN THEIR SECTION 3 COMPLIANCE FILE FOR FIVE YEARS. pvrE.ry 40 G (backside) q,��l�dl� M'OE Section 3 Worker and Targeted Section 3 Worker Self-Certification (Sample Form) The purpose of HUD's Section 3 program is to provide employment, training and contracting opportunities to low-income individuals, particularly those who are recipients of government assistance for housing or other public assistance programs. Your response is voluntary, confidential, and has no effect on your employment. Eligibility for Section 3 Worker or Targeted Section 3 Worker Status A Section 3 worker seeking certification shall self-certify and submit this form to the recipient contractor or subcontractor, that the person is a Section 3 worker or Targeted Section 3 Worker as defined in 24 CFR Part 75. Instructions: Enter/select the appropriate information to confirm your Section 3 worker or Targeted Section 3 Worker status. Employee Name: �'1'0�:� 1 Are you a resident of public housing or a Housing Choice OYES 2 0 Voucher Halder(Section 8)? 2, Are you a resident of the f,,4 9VC)k,i ❑YES MVO 3. In the field below, select the amount of individual income you believe you earn on an annual basis. `The grantee should confirm that their state and local laws do not prohibit this question. ❑ Less than $10,000 ❑ ,001 - $40,000 ❑ More than $60,000 0 $10,001 -$20,000 $40,001 -$50,000 0 $20,001 -$30,000 0 $50,001 -$60,000 Select from ONE of the following two options below: qu as a: Section 3 Worker (as defined on page 4 of Section 3 Worker Certification Form) ❑ Targeted Section 3 Worker(as defined on pages 4-5 of Section 3 Worker Certification Form) (frontside) Employee Affirmation I affirm that the above statements (on frontside of this form) are true, complete, and correct to the best of my knowledge and belief. I hereby certify, under penalty of law, that the following information is correct to the best of my knowledge. Employee Address: ,A U-55 7V611 -72� 73 Print Name: 6'rya,'A Z*I DS Date Hired: ] 0 - Lo Ad Signature: PI:M kh �ICG Date: FOR ADMINISTRATIVE USE ONLY Is the employee a Section 3 worker based upon their self-certification? ❑YES ❑NO Is the employee a Targeted Section 3 worker based upon their self-certification? DYES ONO Was this an applicant who was hired as a result of the Section 3 project? ❑YES ❑NO If Yes, what is the name of the company? What was the date of hire? EMPLOYERS MUST RETAIN THIS FORM IN THEIR SECTION 3 COMPLIANCE FILE FOR FIVE YEARS. W hus 4''II�III' (backside) L.0 of EOE 3 Section 3 Worker and Targeted Section 3 Worker Self-Certification (Sample Form) The purpose of HUD's Section 3 program is to provide employment, training and contracting opportunities to low-income individuals, particularly those who are recipients of government assistance for housing or other public assistance programs. Your response is voluntary, confidential, and has no effect on your employment. Eligibility for Section 3 Worker or Targeted Section 3 Worker Status A Section 3 worker seeking certification shall self-certify and submit this form to the recipient contractor or subcontractor, that the person is a Section 3 worker or Targeted Section 3 Worker as defined in 24 CFR Part 75. Instructions: Enter/select the appropriate information to confirm your Section 3 worker or Targeted Section 3 Worker status. � Employee Name: 6�n5e 1 Are you a resident of public housing or a Housing Choice DYES QNO Voucher Holder (Section 8)? 2. Are you a resident of the fwvo 1??c,1k, DYES 140 3. In the field below, select the amount of individual income you believe you earn on an annual basis. *The grantee should confirm that their state and local laws do not prohibit this question. ❑ Less than $10,000 ❑ $ ,001 -$40,000 ❑ More than $60,000 EI $10,001 - $20,000 x$40,001 - $50,000 0 $20,001 - $30,000 0 $50,001 - $60,000 Select from ONE of the following two options below: �Iq uaas a: Section 3 Worker (as defined on page 4 of Section 3 Worker Certification Form) ❑ Targeted Section 3 Worker (as defined on pages 4-5 of Section 3 Worker Certification Form) f,,fYf h14. �O (frontside) L*�IIN�U ,•_ 9'fh pfvf`p 2 Employee Affirmation I affirm that the above statements (on frontside of this form) are true, complete, and correct to the best of my knowledge and belief. I hereby certify, under penalty of law, that the following information is correct to the best of my knowledge. Employee Address:»3 iitw ,(1 yP ,Dr. luCAP_t '-'n( Print Name: SOSt' Date Hired-. -5A" Signature:46?, t Date: IQ dd FOR ADMINISTRATIVE USE ONLY Is the employee a Section 3 worker based upon their self-certification? ❑YES ❑NO Is the employee a Targeted Section 3 worker based upon their self-certification? El YES ❑NO Was this an applicant who was hired as a result of the Section 3 project? DYES ❑NO If Yes, what is the name of the company? What was the date of hire? EMPLOYERS MUST RETAIN THIS FORM IN THEIR SECTION 3 COMPLIANCE FILE FOR FIVE YEARS, YE4)4y ! of (backside) fY OEyf 3 Section 3 Worker and Targeted Section 3 Worker Self-Certification (Sample Form) The purpose of HUD's Section 3 program is to provide employment, training and contracting opportunities to low-income individuals, particularly those who are recipients of government assistance for housing or other public assistance programs. Your response is voluntary, confidential, and has no effect on your employment. Eligibility for Section 3 Worker or Targeted Section 3 Worker Status A Section 3 worker seeking certification shall self-certify and submit this form to the recipient contractor or subcontractor, that the person is a Section 3 worker or Targeted Section 3 Worker as defined in 24 CFR Part 75. Instructions: Enter/select the appropriate information to confirm your Section 3 worker or Targeted Section 3 Worker status. Employee Name: 71rNb.c;c) 1. Are you a resident of public housing or a Housing Choice ❑YES LINO Voucher Holder(Section 8)? O' 2. Are you a resident of the 1c�C,w 4E��,,.-Sp..L� OYES ❑NO 3. In the field below, select the amount of individual income you believe you earn on an annual basis. `The grantee should confirm that their state and local laws do not prohibit this question. ❑ Less than $10,000 ❑ $30,001 -$40,000 0 More than $60,000 ❑ $10,001 - $20,000 0 $40,001 -$50,000 ❑ $20,001 - $30,000 0 $50,001 - $60,000 Select from ONE of the following two options below: �Iq ualif s a: Section 3 Worker ( 9 as defined on page 4 of Section 3 Worker Certification Form) ❑ Targeted Section 3 Worker (as defined on pages 4-5 of Section 3 Worker Certification Form) (frontside) 2 Employee Affirmation I affirm that the above statements (on frontside of this form) are true, complete, and correct to the best of my knowledge and belief. I hereby certify, under penalty of law, that the following information is correct to the best of my knowledge. Employee Address: 3655 r C- 10!9 Zur a e-k- rX _ 7Fr61\ ` 71r73 Print Name: ig AaC.I O i Q S Date Hired: X19 ;LOA Signature: Z�.yG c i� �,br Date: FOR ADMINISTRATIVE USE ONLY Is the employee a Section 3 worker based upon their self-certification? DYES ONO Is the employee a Targeted Section 3 worker based upon their self-certification? DYES ❑NO Was this an applicant who was hired as a result of the Section 3 project? ❑YES ❑NO If Yes, what is the name of the company? What was the date of hire? EMPLOYERS MUST RETAIN THIS FORM IN THEIR SECTION 3 COMPLIANCE FILE FOR FIVE YEARS. ,JEMi y 40 (backside) 3 R.pat y-wMe0 by O151Ai4 Carn+aat IZL Gusto POO. %25W A.f,tx Me Payroll Journal Report Dale R.V..WI 912022-127202822 R.Pa1 C eale4 0,1?/ISF= Payroll Journal Summary by Employee Par EmOWy B.minuh'1..Pay ears tNM td bMr MM4,2M and f 2M2= EmpS.Sw Rome F—W4. F+1wi""T.." 6npMyr TatM Ndmblawn.nla T t k Deanall.e Ho TOM oMw.+lplbn Amato Drulptkn AmaaO B+rept,Ja9a RepAv 34230 6&165.90$1,424.1s S71G46 NM P.y 57,04&45 01-tk— 5400 $1.454.90 At 57,01455 Boni - 5&56.00 �a $9,160.14 GAst .. u!7190 Ca.tsne"C,Evra P wA. $3100 S9,47&SO$2.029.13 11,400.74 Nd ldn,bla.«nem $243.07 Not Pay $11,052.75 0V.1onr 79.08 52103.34 Ratnburww t52&1.07 Gaut - $1.500.00 511.335.52 Cyota - 513,041.44 1 51/�65.7t M/ OOanen.AM.& Re41ly 53700 $10.20190 $3,23214 11.161.19 Net Pay $12,217.36 0— 129.00 $3.67650 AUIsv1A $12,247.36 0nw - S1.600.00 Ca S16.6W.40 $15.479.50 C""J9.. R.FAv 5/5.50 51f.455.50$2.96531 51,292.16 tam Pty $13.925.90 1)rHiNr 109.00 $3.133.50rt 513.425.69 AOAVp lE—k" - S25290 $15,191.14 Baru - 51,750.00 Gla. - $16.691.00 Oro7,Ralad P.O. 537.00 510,471.50$1,47521 $1,21244 NM Pry 51/,37151 P1w i- 129.00 53,77126 $t/27133 Addd1 N Eem919. - S252.00 S17.1$0.64 CoO gay. - $1750.00 Gn - $16.246.76 RI94,*,ad. Repay 54350 $11.413.50 12.392.79 $1,323.54 fvd ReinGvtlmenl 61120.00 NMPay $1191294 1/3 E ■ ■ r � ! � _ , : ■ ® ^ � ! ■ q � , Z. : : ; ; . : : . • ma § \ | � ! ! ■ ■ � , - n ■ # , - R - , # , # � ■ ' � ■ # � - , # , , - n | � / k § � / | § } k E ■ | � § � k | � � � / | § § # « + # | f f ! fYrybyw Nwn� Ew-p FmG 0 T.— Empl"w T.— FlinMw,.wewln Tofa6 OMCratlw� H— T" D-46- A—t 6."eOk.A—A Bdaa - (16.200.00 y $737,992.31 Addt dE.,.W .. S75400 cog SIM37725 5161,547.53 V3 Report pmreled by D%OW Cavi+-LLL Gusto �° °� PO B.n 7e 7m Payroll Journal Report Da.R4ge:01 Al/2022-i2/31/=Repel C eWed On:1 VI 912M Payroll Journal Summary by Employee M Empby..81.nmry fa pry days"fN bv"w 0141114214nd 12A1M" Erho"N.— hm818. E.Vby«T.— Empl."Tsar RarMur.—Is Tabb D-.,W n Noun To41 O...rlpaon Aman) D..0 0on Mnau B.r.M..Jo" R.014.r 34250 $6.165.00$1,424.15 $716.46 Net Pey 67,M8.95 Chdk oen.ry 54.00 $I&16.00 17,04&65 Bohr - 6850.00 fo4rocyv 69.189..6 Gros. - $8,473.00 C—.-.d.C.E—.rdo RepWY 1657.00 632.603.01 68.390.54 X1.1731 f m r`meur.un.ni 6163.07 N.1 Pay $38,11251 O� 31525 SB.M.C. R4 dcura—rni1626107 PakI Ta+v ON 60.00 $1.360.00 ChKk Bohw - $2.200.00 �` $48.260.50 cLo.a - W.50105 Nunn Ou2m.n.Ahad. Rep1u 19T2.00 636.24AM$11.001.66 $4.1040 Na pry $42,76557 O.aeny 51230 $14519.4 GU 1. $42.78557 Ay Paid Tine O9 40.00 $720.00 667.971.89 eons $2.700.00 Cron - $53.76726 Onr,JOM RepA.r 18440 $39.70350 69.3.12.16 $4.790.97 Net NY $47.02158 Ovatan. 39900 612,48225 � $47.021-M Pae Tiny OO 4000 $80000 �by" $60,731.72 Adit-.l E-*-q. - $91800 Baal. - 62.45000 GI— - 656,35175 Ore:.RAMI R471W 1862.00 $36.47900 X5.74067 64357.4 Na Pay 650304 S. D+.Mee 50630 $14.726.21 Mhyw1 $50.3434 Paid Ths O8 80.00 $1.52/100 Go 660.40255 1/3 Sb § § ( ( k k k k 14 2 a a a ! � ; ■ ■ : | � | | ! ! ! J ! , § n # _ , © ■ » e q � _ , , � ■ ■ # r s . n � , ; a ■ # a | # # ` # k § ■ ƒ R \ # 42 # q # ! # ! § # " % 4 # a ■ ! : © � e : � x & - ® � ■ e : � & s ; ; § ; ! „ ! a ■ # @ „ @ . , , . 4 © . , � ■ „ a | f a i a | 2 � � � � � � � � � � r � � x � � a � � - � m � g � � � r = � � � a � � � � � � � a s � � s a � � s "s e s $ fr s x � � w � g � � � o G s x � a � � � s � � s s ^� p{ {Np+ rc N Ci Report 9-".d by Pd B�O.9 LLC gusto A..M.TX 76709 Payroll Journal Report Date Range:097 1 92 022-1212=022 Repo7l CmWed On:121192022 Payroll Journal Summary by Employee PM""W av-y far PAY day.91.149 boh""of 1942022 end 12f1(VMM Empbyr n.- Ermine. Empwyaa T.- Employ.T.- R.I.W.-ft TOM. .6Ob DwApc- Ruwa Rata T.tal 0..Ortpbo Ano I Dp.W$..Amoanl au,6A,,Jw" 9014 R"LA& 40.D0 $190D $720.00$t.424.1 5 $71646 Nal PAY 57,018,65 O-WO 26.00 $77.00 $702.00 C7n�& $7.016&5 6219 R.WW 220.50 06.00 43.969.00 C $9,169.46 CK.t- 23.50 $27.00 5634.50 6729 Ra9,4r 82.00 SIS00 61176.00 0..- 4.50 $27.00 $121,50 TOW, RAQLW 242.50 $18.00 $6,165.00 PaAOro 51.00 $27.00 $1,459.DO 9OI.e 665D.00 D a. $9.473.00 6219 Re9Wu 497,50 $17.75 $2,653.12 52,029.13 SI,DOLL76 5283.07 71.1 Pry $I 1,052.75 Ewardo OnNrr 5950 526.62 $1,5$7.56 R.bnh.unwA.5283.07 6279 RWA. 48.50 $17.75 582536 G1sd SII.U5.62 AmWM O.vOma 20.50 $26.W 6$45.82114,3&S.71 Twl, 534.00 S,7-7S 59!7950 O.M- 79.00 526.83 $2,103.38 a- 51.500.00 C.- $13.091 U N-G� 6218 R".A. 49050 5/9.00 $9.319.50$3.232.14 S1.1M.19 H.1 Pay 312,247.38 Albedo C"M- 9250 529_50 $2.63675 � 512.247.36 Owlome 850 $28.50 $24215 �~ S16.661d8 62M R"uW 4650 $19.00 589.350 O-A 2600 528.50 $798.00 TOWe Rep/v 537.00 619.00 510,203.00 Ownme 12900 $28.50 5.7.67650 124 g � 4 a o � fill§ � 8 5 a � 7 n 8 - � z 8 8 53 8 8 8 2 le 3 r 8 $ 8 8 8 R 8 8 $ $ 8 5} 1G 8 e° 8 $ 8 SQ $ 8 51 $ Y $ 8 8 8 8 8 2 8 8 8 9 5 8 8 a 8. 8 5; 5; N a s a a s a s 8 s s $ s s s s s s s s a f q m R 3 � � � � Q M M n � $ � � N » � � �� og R d � � � 7 C � Si 8, $ $ 8 8 8 $ $ 8 8 8 $ 8 8 A iG � R = � 8 � $ 8 � � s � a � s s s x s s � � � 4 � F � � a � � aira � � � � � � $ � � � x � � 8 8 8 St 8 8 8 8 8 8 8 St 8 $ 8 S{ 8 R 8 S 8 � � � � x iS � _ 9 � � 3 � � � � x � � � � A �j yi NS V R.pW 9alaal.d by a901a G-W..00,LLC gusto °°�°T°'�' ,Wsat 7x n79p Payroll Journal Report Cal*Ral0a*091192042.12202022 Report C"Od On:1209r.= Payroll Joumal Summary by Employee Pay Empla".6 nlwy 1a pay dare e*ta0 0 h~9MIW=.M 12202077 Enpl.yaa tlanw Eanal9. Employ«t- Ernpk_T.... %knpllrwsanb T.W. p..aplon No1.a T.bt 0..Aptlon A-W" Dw%.dpII n A1no1 M Bsr1$.e,Jorge P-WW 34250 16.161.90 SIAN 15 $716.16 Na Pay $7,018.85 OwrWM 51.00 f1{58.00 Ch.6d 17,016.15 Bolus - $950.00 Ca $9,169.15 C W.da C.E-M. RapAa 531.00 19!76.50 12,079.13 $1,000.76 8rt1 4-bw."M 1163.07 Not Pay 511,057.75 pwGns 78.00 17.10.3,36 R-rftna aMs$29307 Baas - $1,50000 Chad, 111,335.81 Oros - $13,061.68 61 $11,365.71 F.Up.V.K v - Re91Ar 560.00 $M,915.32 f4A57.13 $2.19167 Not Pay $13.791.19 Ad wal E-W - 51.281.00 1vll.& $23.792.19 C,rBons - $1,750.00 Enpoyw 13D.BW.99 Cat Gmaa - $28.619.32 Ha .C4vlstophW Re91W 560.00 $26.766.41 84.81263 $2,049.31 Net Pay 121.97581 C+oee - 526766.41 Chad 521.9'75.8{ &.0" $29,637.75 Cort Ha.I.M" R491W 560.00 $20.19234 $3,137,09 41,544.71 Net Pay $16,75513 Cyan - 520.19234 Chho& $16,755.25 Enlpbya 121.731.05 Cod H*.".MO" Re91Ax 560.00 $22615.32 13.646.83 $1.930.89 Peal $560.00 Net Pay $21591.49 Adibonal Eunrlpa - 5875.00 Rwllolvwrw+u SSW.00 Baas - 11,750,00 C..k4 $22.151.49 Cyon - $15,210]2Col 127,73121 1/4 g ffi g - h z a s a s a a a a a s B 5t 23 a s + za s " n s 31 - - n , _ , : ■ ® , , , E ! , ® ` , k - ! z ■ ; ■ : - § | ! ; a & I | ! $ t ! ! | § § 2 # k # § ■ # # # k # § $ ■ £ ■ § ■ ! § k ! # ■ $ $ § @ \ « � # } # # , , ; , a � ; � � ; & ■ _ ; . e � ; � , & ; � § ; ! � . , , , ■ a a , , a . , , ! , . a a , , , , a , , � , e § ■ � ; ; # « & ! ■ � � § | \ f ! � Cl) 9tC 40'M*ro4 - ssnq MCI l0'fK'SCH -A"" Ot'BL9"CCCt " O0'Otl'lt OOVSE'em - ■ o W."ugOdp-" luno / �W1dV[w0 RWl Droll wn114/�0 OpMl A .... NU wnl w3 w[�1 wRgdrg � wNOOlq�3 00600 INSURANCE AND CONSTRUCTION BOND FORMS PERFORMANCE BOND THE STATE OF TEXAS § § KNOW ALL BY THESE PRESENTS: COUNTY OF WILLIAMSON § That DigDug Construction,LLC , of the City of Austin , County of Travis , and State of Texas , as Principal, and Merchants National Bonding. Inc. authorized under the law of the State of Texas to act as surety on bonds for principals, are held and firmly bound unto the CITY OF ROUND ROCK,TEXAS (Owner), in the penal sum ofThree Hundred and Six Thousand Five hundred and forty four Dollars Dollars ($306,544.00 ) for the payment whereof, well and truly to be made the said Principal and Surety bind themselves, and their heirs, administrators, executors, successors and assigns,jointly and severally,by these presents: WHEREAS, the Principal has entered into a certain written Agreement with the Owner dated the day of ,20 to which the Agreement is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein consisting of: Bowman Park Improvements 2022, include but are not limited to expansion of existing trails, practice field installation,replacement of benches,replacement of trash cans and installation of new vehicular gate. NOW, THEREFORE, THE CONDITIONS OF THIS OBLIGATION IS SUCH, that if the said Principal shall faithfully perform said Agreement and shall, in all respects, duly and faithfully observe and perform all and singular the covenants, conditions and agreements in and by said Agreement, agreed and covenanted by the Principal to be observed and performed, including but not limited to, the repair of any and all defects in said work occasioned by and resulting from defects in materials furnished by or workmanship of,the Principal in performing the Work covered by said Agreement and occurring within a period of twelve (12) months from the date of Final Completion and all other covenants and conditions, according to the true intent and meaning of said Agreement and the Plans and Specifications hereto annexed,then this obligation shall be void; otherwise to remain in full force and effect; PROVIDED, HOWEVER,that this bond is executed pursuant to the provisions of Chapter 2253, Texas Government Code, as amended, and all liabilities on this bond shall be determined in accordance with the provisions of said Chapter 2253 to the same extent as if it were copied at length herein. Page 1 00610 4-2020 Performance Bond 00443639 PERFORMANCE BOND(continued) Surety, for value received, stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Agreement, or to the Work performed thereunder, or the Plans, Specifications, or drawings accompanying the same, shall in anywise affect its obligation on this bond,and it does hereby waive notice of any such change,extension of time,alteration or addition to the terms of the Agreement,or to the work to be performed thereunder. If Principal fails to faithfully perform said Agreement, Surety, after receipt of written notice of Principal's default,shall perform all of Principal's duties and obligations under the Agreement. If, within ten (10) days after receipt of such notice from Owner, Surety does not commence to complete the obligations of Principal with a contractor acceptable to Owner and diligently complete the performance of the Principal's duties and obligations, Owner shall have the right but not the obligation to have the duties and obligations of Principal performed. In such event, Surety shall pay to Owner,upon demand,all costs,expenses and damages sustained by Owner as a result of Principal's failure to perform its duties and obligations under the Agreement up to the penal sum of this Performance Bond, plus all costs and expenses, including attorney's fees and expert and consultant fees incurred by Owner to enforce its rights under this Performance Bond. IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this 13th day of February , 2023 . DigDug Construction,LLC Merchants National Bonding,Inc. Principal Surety James F Siddons Printe a Printed Name By: By: Title: Title. ttomey in-Mt Address: Address: 3834 Spicewood Springs Road �Q Austin TX 78759 Resident Agent of Surety: Sign re James F Siddons Printed Name 3834 Spicewood Springs Road Street Address Austin TX 78759 City, State &Zip Code Page 2 00610 4-2020 Performance Bond 00443639 PAYMENT BOND THE STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF WILLIAMSON § That DigDug Construction,LLC , of the City of Austin , County of Travis , and State of Texas , as Principal, and Merchants National Bonding. Inc. authorized under the laws of the State of Texas to act as Surety on Bonds for Principals,are held and firmly bound unto the CITY OF ROUND ROCK, TEXAS (OWNER), and all subcontractors, workers, laborers, mechanics and suppliers as their interest may appear, all of whom shall have the right to sue upon this bond, in the penal sum of Three Hundred and Six Thousand Five hundred and forty four Dollars and zero cents Dollars($ 306,544.00 )for the payment whereof,well and truly be made the said Principal and Surety bind themselves and their heirs, administrators, executors, successors, and assigns,jointly and severally,by these presents: WHEREAS,the Principal has entered into a certain written Agreement with the Owner, dated the day of , 20_ to which Agreement is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein consisting of- Bowman fBowman Park Improvements 2022, include but are not limited to expansion of existing trails, practice field installation placement of benches replacement of trash cans and installation of new vehicular gate. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall well and truly pay all subcontractors, workers, laborers, mechanics, and suppliers, all monies to them owing by said Principals for subcontracts,work, labor,equipment,supplies and materials done and furnished for the construction of the improvements of said Agreement, then this obligation shall be and become null and void;otherwise to remain in full force and effect. PROVIDED, HOWEVER,that this bond is executed pursuant to the provisions of Chapter 2253, Texas Government Code, as amended, and all liabilities on this bond shall be determined in accordance with the provisions of said Chapter 2253 to the same extent as if it were copied at length herein. Page 1 00620 04-2020 Payment Bond 00437699 PAYMENT BOND (continued) Surety, for value received, stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Agreement, or to the Work performed thereunder, or the plans, specifications or drawings accompanying the same shall in anywise affect its obligation on this bond,and it does hereby waive notice of any such change,extension of time, alteration or addition to the terms of the contract, or to the work to be performed thereunder. IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this Instrument this 13th day of February ' 2023 DigDug Construction, LC Merchants National Bonding,Inc. Principal4 Surety eJames F Siddons Printed am Printed Name By: By: Title: Title:-O)mey in Fact Address:PO Box 92583 Addr s: 3834 Spicewood Springs Road Austin TX 78709 Austin TX 78759 Resident Agent of Sur ty: 4- - Si re CW James F Siddons Printed Name 3834 Spicewood Springs Road Street Address Austin TX 78759 City, State&Zip Code Page 2 006201-2020 Payment Bond 00090656 , , r MERCHANT� BONDING COMPANY-. POWER OF ATTORNEY Know All Persons By These Presents,that MERCHANTS BONDING COMPANY(MUTUAL)and MERCHANTS NATIONAL BONDING, INC., both being corporations of the State of Iowa,d/b/a Merchants National Indemnity Company(in California only)(herein collectively called the "Companies")do hereby make,constitute and appoint,individually, Andy Webb,April M Terbay;Hanna Ruth Ogle;James F Siddons;Patrick L Watkins,Sheila Pennington Noxon their true and lawful Attorney(s)-in-Fact, to sign its name as surety(ies) and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. This Power-of-Attorney is granted and is signed and sealed by facsimile under and by authority of the following By-Laws adopted by the Board of Directors of Merchants Bonding Company (Mutual) on April 23, 2011 and amended August 14, 2015 and adopted by the Board of Directors of Merchants National Bonding,Inc.,on October 16,2015. "The President, Secretary, Treasurer, or any Assistant Treasurer or any Assistant Secretary or any Vice President shall have power and authority to appoint Attorneys-in-Fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings,recognizances,contracts of indemnity and other writings obligatory in the nature thereof." "The signature of any authorized officer and the seal of the Company may be affixed by facsimile or electronic transmission to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company,and such signature and seal when so used shall have the same force and effect as though manually fixed." In connection with obligations in favor of the Florida Department of Transportation only, it is agreed that the power and aut hority hereby given to the Attorney-in-Fact includes any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts required by the State of Florida Department of Transportation. It is fully understood that consenting to the State of Florida Department of Transportation making payment of the final estimate to the Contractor and/or its assignee, shall not relieve this surety company of any of its obligations under its bond. In connection with obligations in favor of the Kentucky Department of Highways only,it is agreed that the power and authority hereby given to the Attorney-in-Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner- Department of Highways of the Commonwealth of Kentucky at least thirty(30)days prior to the modification or revocation. In Witness Whereof,the Companies have caused this instrument to be signed and sealed this 8th day of December 2022 •.•�""""••., ......... MERCHANTS BONDING COMPANY(MUTUAL) 1%0144� %,� :•�Q�NC".��ijJA.• MERCHANTS NATIONAL BONDING,INC. �y O �lP �0RP0/Qq�� y �Q099.92�• d/b/a MERCHANTS NATIONAL INDEMNITY COMPANY 2003 :*cO. -1 1933 c; By :d�•. •��c :yi •. ....• ':rJ?.•• ••.fly•' '•.` � President STATE OF IOWA COUNTY OF DALLAS ss. ••'"""'•�• ••••• On this 8th day of December 2022 before me appeared Larry Taylor, to me personally known, who being by me duly sworn did say that he is President of MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC.; and that the seals affixed to the foregoing instrument are the Corporate Seals of the Companies,and that the said instrument was signed and sealed in behalf of the Companies by authority of their respective Boards of Directors. *aur s Kim La o ' Commission Number 702737 My Cartrn"w res Apel 14,2024 Notary Public (Expiration of notary's commission does not invalidate this instrument) I,William Warner,Jr.,Secretary of MERCHANTS BONDING COMPANY(MUTUAL)and MERCHANTS NATIONAL BONDING, INC.,do hereby certify that the above and foregoing is a true and correct copy of the POWER-OF-ATTORNEY executed by said Companies,which is still in full force and effect and has not been amended or revoked. In Witness Whereof, I have hereunto set my hand and affixed the seal of the Companies on this 13th day of February 2023 .6.......... •... ...• IAN 2003 0��; •a 1933 Secretary POA 0018 (10/22) """ ••••••� T MERCHANTS• BONDING COMPANY. MERCHANTS BONDING COMPANY(MUTUAL) P.O. BOX 14498, DES MOINES, IOWA 50306-3498 PHONE: (800) 678-8171 FAX: (515) 243-3854 IMPORTANT NOTICE To obtain information or make a complaint: You may contact your insurance agent at the telephone number provided by your insurance agent. You may call Merchants Bonding Company (Mutual) toll-free telephone number for information or to make a complaint at: 1-800-678-8171 You may contact the Texas Department of Insurance to obtain information on companies, coverages, rights or complaints at: 1-800-252-3439 You may write the Texas Department of Insurance at: P. O. Box 149104 Austin, TX 78714-9104 Fax: (512) 490-1007 Web: www.tdi.texas.gov E-mail: ConsumerProtection@tdi.texas.gov PREMIUM AND CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim you should contact the agent first. If the dispute is not resolved, you may contact the Texas Department of Insurance. ATTACH THIS NOTICE TO YOUR POLICY: This notice is for information only and does not become a part or condition of the attached document. SUP 0032 TX (2/15) A^�® DATE(MMIDD/YYYY) (`� CERTIFICATE OF LIABILITY INSURANCE 2/14/2023 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Dulce Strange Watkins Insurance Group-Austin PHONE FAX 3834 Spicewood Springs Rd, 100 .N Ext:512-637-4292 A/c No):512-452-0999 Austin TX 78759 ADDRESS: dstrange@watkinsinsurancegroup.com INSURER(S)AFFORDING COVERAGE NAICN INSURER A:Monroe Guaranty Insurance Company 32506 INSURED DIGDU-1 INSURER B:Texas Mutual Insurance Company 22945 DigDug Construction, LLC INSURER C:FCCI Insurance Company 10178 PO Box 92583 Austin TX 78709 INSURER D:FCCI Insurance Group _ 10178 INSURER E, INSURER F: COVERAGES CERTIFICATE NUMBER:1357849482 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 TYPE OF INSURANCE ADDL SUER POLICY NUMBER MM DDPOLICYN EFF P LTR YYY MM DD/YYYY LIMITS A X COMMERCIAL GENERAL LIABILITY CPP100044973-03 5/1/2022 5/1/2023 EACH OCCURRENCE $1,000,000 DAMAGE TO RENTEU__ CLAIMS-MADE 1XI OCCUR PREMISES Ea occurrence $1,000,000 1,000 DED MED EXP(Any one person) $5,000 X Contractual Liab PERSONAL&ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 POLICY Fx]JECOT- LOC PRODUCTS-COMP/OP AGG $2,000,000 OTHER $ C AUTOMOBILE LIABILITY CA100044975-03 5/1/2022 5/1/2023 COMBINEDSINGLELIM IT $1,000,000 Ea accident X ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS X HIRED X NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY Per accident I $ D X UMBRELLALIAB X OCCUR UMB100044983-03 5/1/2022 5/1/2023 EACH OCCURRENCE $2,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE $2,000,000 DED I X RETENTION$ $ PER B WORKERS COMPENSATION 0001301314 2/12/2023 2/12/2024 X AND EMPLOYERS'LIABILITY STATUTE ER Y/N ANYPROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $1,000,000 OFFICER/MEMBER EXCLUDED? M N/A (Mandatory In 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 A Equipment Floater CPP100044973-03 5/1/2022 5/1/2023 Total Scheduled/Ded 604,657/1,000 Leased/Rented Eqpt 100,000 DESCRIPTION OF OPERATIONS/LOCATIONS I VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Work Comp Excluded: Kristina Harrison, Member City of Round Rock is additional insured on the general liability and auto liability policies where required by written contract. 30 day notice of cancellation endorsement applies when required by written contract. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City Manager ACCORDANCE WITH THE POLICY PROVISIONS. City of Round Rock 221 E. Main Street AUTHORIZED REPRESENTATIVE Round Rock TX 78664 ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD COMMERCIAL AUTO Policy Number:CA100044975-03 CAU 058(05 19) AUTO FIRST CHOICE COVERAGE ENDORSEMENT TABLE OF CONTENTS DESCRIPTION PAGE AirbagCoverage........................................................................................................................................................3 AutoLoan/Lease Gap Coverage...............................................................................................................................3 BroadForm Insured...................................................................................................................................................1 Concealment, Misrepresentation or Fraud................................................................................................................4 Deductible..................................................................................................................................................................3 Duties in the Event of Accident, Claim, Suit or Loss.................................................................................................4 FellowEmployee.......................................................................................................................................................2 FireDepartment Service Charge...............................................................................................................................2 Other Insurance for Hired Auto Physical Damage Coverage ...................................................................................4 Lossof Earnings........................................................................................................................................................2 Lossof Use Expenses...............................................................................................................................................2 SupplementaryPayments .........................................................................................................................................2 Transfer of Rights of Recovery against Others to Us ...............................................................................................4 TransportationExpenses ..........................................................................................................................................2 CAU 058 (05 19) Includes copyrighted material of the Insurance Services Office, Inc.,with its permission. Page 0 of 4 Copyright 2018 FCCI Insurance Group Insured Copy COMMERCIAL AUTO CAU 058(05 19) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AUTO FIRST CHOICE COVERAGE ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM NOTE: The following are additions, replacements and amendments to the Business Auto Coverage Form, and will apply unless excluded by separate endorsement(s)to the Business Auto Coverage Form. With respect to coverages provided by this endorsement, the provisions of the Business Auto Coverage Form apply unless modified by this endorsement. The Business Auto Coverage Form is amended as follows: SECTION II—COVERED AUTOS LIABILITY COVERAGE is amended as follows: A. Paragraph 1. Who Is An Insured in section A. Coverage is amended by the addition of the following: d. Any legally incorporated subsidiary of yours in which you own more than 50%of the voting stock on the effective date of this coverage form. However,"insured"does not include any subsidiary that is an "insured"under any other liability policy or would be an "insured" under such a policy but for its termination or the exhaustion of its limits of insurance. In order for such subsidiaries to be considered insured under this policy, you must notify us of such subsidiaries within 60 days of policy effective date. e. Any organization you newly acquire or form during the policy period, other than a partnership or joint venture, and over which you maintain sole ownership or a majority interest. However, coverage under this provision: (1) Does not apply if the organization you acquire or form is an"insured" under another liability policy or would be an"insured" under such a policy but for its termination or the exhaustion of its limits of insurance; (2) Does not apply to"bodily injury"or"property damage"that occurred before you acquired or formed the organization; and (3) Is afforded only for the first 90 days after you acquire or form the organization or until the end of the policy period, whichever comes first. f. Any person or organization who is required under a written contract or agreement between you and that person or organization, that is signed and executed by you before the"bodily injury" or"property damage"occurs and that is in effect during the policy period, to be named as an additional insured is an"insured"for Liability Coverage, but only for damages to which this insurance applies and only to the extent that person or organization qualifies as an"insured" under the Who Is An Insured provision contained in Section II. g. Any"employee"of yours using: (1) a covered "auto" you do not own, hire or borrow, or a covered"auto"not owned by an"employee" or a member of his or her household,while performing duties related to the conduct of your business or your personal affairs; or (2) an"auto" hired or rented under a contract or agreement in that"employee's" name,with your permission, while performing duties related to the conduct of your business. However,your "employee"does not qualify as an insured under this paragraph(2)while using a covered"auto" rented from you or from any member of the"employee's"household CAU 058(05 19) Includes copyrighted material of the Insurance Services Office, Inc.,with its permission. Page 1 of 4 Copyright 2018 FCCI Insurance Group. Insured Copy COMMERCIAL AUTO CAU 058(05 19) h. Your members, if you are a limited liability company, while using a covered "auto" you do not own, hire or borrow, while performing duties related to the conduct of your business or your personal affairs. B. Paragraphs(2) and (4) under section 2. Coverage Extensions, a. Supplementary Payments are deleted and replaced by the following: (2) Up to $3,000 for cost of bail bonds (including bonds for related traffic violations) required because of an "accident"we cover. We do not have to furnish these bonds. (4) All reasonable expenses incurred by the"insured" solely at our request, including actual loss of earnings up to $500 a day because of time off from work. C. Paragraph 5. under section B. Exclusions is deleted and replaced by the following: 5. Fellow Employee "Bodily injury"to: a. Any fellow"employee" of the "insured" arising out of and in the course of a fellow"employee's" employment or while performing duties related to the conduct of your business. However, this exclusion does not apply to your"employees" that are officers or managers if the "bodily injury" results from the use of a covered "auto" you own, hire or borrow. Coverage is excess over any other collectible insurance, or b. The spouse, child, parent, brother or sister of that fellow"employee" as a consequence of Paragraph a. above. SECTION III—PHYSICAL DAMAGE COVERAGE is amended as follows: A. Paragraph 4. Coverage Extensions under section A. Coverage is deleted and replaced by the following: 4. Coverage Extensions a. Transportation Expenses We will pay up to$50 per day to a total maximum of$1,500 for temporary transportation expense incurred by you due to covered loss to any covered auto. We will pay only for those covered"autos"for which you carry either Comprehensive or Specified Causes Of Loss Coverage. We will pay for temporary transportation expenses incurred during the period beginning 24 hours after a loss and ending, regardless of the policy's expiration,when the covered"auto"is returned to use or we pay for its"loss". b. Loss of Use Expenses For Hired Auto Physical Damage, we will pay expenses for which an "insured" becomes legally responsible to pay for loss of use of a vehicle rented or hired without a driver under a written rental contract or agreement.We will pay for loss of use expenses if caused by: (1) Other than collision only if the Declarations indicate that Comprehensive Coverage is provided for hired "autos"; (2) Specified Causes of Loss only if the Declarations indicate that Specified Causes of Loss Coverage is provided for hired "autos"; or (3) Collision only if the Declarations indicate that Collision Coverage is provided for hired "autos". However, the most we will pay for any expenses for loss of use to any one vehicle is $75 per day, to a total maximum of$1,500. B. The following is added to paragraph 4. Coverage Extensions under section A. Coverage: c. Fire Department Service Charge When a fire department is called to save or protect a covered "auto", its equipment, its contents, or occupants from a covered cause of loss, we will pay up to $1,000 for your liability for fire department service charges assumed by contractor or agreement prior to loss. No deductible applies to this additional coverage. CAU 058(05 19) Includes copyrighted material of the Insurance Services Office, Inc.,with its permission. Page 2 of 4 Copyright 2018 FCCI Insurance Group. Insured Copy COMMERCIAL AUTO CAU 058(05 19) d. Auto Loan/Lease Gap Coverage The following provisions apply: (1) If a long term leased "auto", under an original lease agreement, is a covered "auto" under this coverage form and the lessor of the covered "auto" is named as an additional insured under this policy, in the event of a total loss to the leased covered "auto", we will pay any unpaid amount due on the lease, less the amount paid under the Physical Damage Coverage Section of the policy; and less any: (a) Overdue lease or loan payments including penalties, interest, or other charges resulting from overdue payments at the time of the"loss"; (b) Financial penalties imposed under a lease for excessive use, abnormal wear and tear or high mileage; (c) Security deposits not refunded by the lessor; (d) Costs for extended warranties, Credit Life Insurance, Health Accident or Disability Insurance purchased with the loan or lease; and (e) Carry-over balances from previous loans or leases. (2) If an owned "auto" is a covered "auto" under this coverage form and the loss payee of the covered "auto" is named a loss payee under this policy, in the event of a total loss to the covered "auto", we will pay any unpaid amount due on the loan, less the amount paid under the Physical Damage Coverage Section of the policy, and less any, (a) Overdue loan payments at the time of the"loss"; (b) Costs for extended warranties, Credit Life Insurance, Health Accident or Disability Insurance purchased with the loan; and (c) Carry-over balances from previous loans. C. Paragraph 3. under section B. Exclusions is deleted and replaced by the following: 3. We will not pay for"loss" due and confined to: a. Wear and tear, freezing, mechanical or electrical breakdown b. Blowouts, punctures or other road damage to tires This exclusion does not apply to such "loss" resulting from the total theft of a covered "auto". However, this exclusion does not include the discharge of an airbag in a covered "auto" you own that inflates due to a cause other than a cause of"loss" set forth in Paragraphs A.1.b and A.1.c.but only: a. If that"auto" is a covered "auto"for Comprehensive Coverage under this policy, b. The airbags are not covered under any warranty; and c. The airbags were not intentionally inflated We will pay up to a maximum of$1,000 for any one"loss". D. Section D. Deductible is deleted and replaced by the following: D. Deductible For each covered "auto", our obligation to pay for, repair, return or replace damaged or stolen property will be reduced by the applicable deductible shown in the Declarations subject to the following: Any Comprehensive Coverage deductible shown in the Declarations does not apply to: (1) "Loss" caused by fire or lightning; and (2) "Loss" arising out of theft of your vehicle if your vehicle is equipped with an active GPS tracking system. CAU 058 (05 19) Includes copyrighted material of the Insurance Services Office, Inc.,with its permission. Page 3 of 4 Copyright 2018 FCCI Insurance Group. Insured Copy COMMERCIAL AUTO CAU 058(05 19) (3) Glass damage if repaired rather than replaced. SECTION IV—BUSINESS AUTO CONDITIONS is amended as follows: A. The following is added to paragraph a. under section A. Loss Conditions, 2. Duties in the Event of Accident, Claim, Suit or Loss: This duty applies when the "accident", claim, "suit" or"loss" is first known to: (a) You, if you are an individual; (b) A partner, if you are a partnership; (c) An executive officer or insurance manager, if you are a corporation; or (d) A member or manager, if you are a limited liability company. B. Condition 5. Transfer of Rights of Recovery against Others to Us under section A. Loss Conditions is deleted and replaced by the following: 5. Transfer of Rights of Recovery against Others to Us If a person or organization to or for whom we make payment under this coverage form has rights to recover damages from another, those rights are transferred to us. That person or organization must do everything necessary to secure our rights and must do nothing after"accident" or"loss" to impair them. However, if the insured has waived rights to recover through a written contract, or if your work was commenced under a letter of intent or work order, subject to a subsequent reduction in writing of such a waiver with customers whose customary contracts require a waiver, we waive any right of recovery we may have under this coverage form. C. The following is added to Condition 2. Concealment, Misrepresentation or Fraud under section B. General Conditions: However, if you unintentionally fail to disclose any hazards at the inception of your policy, we will not deny coverage under this coverage form because of such failure. This provision does not affect our right to collect additional premium or exercise our right of cancellation or non-renewal. D. Paragraph b. of Condition 5. Other Insurance under section B. General Conditions is deleted and replaced by the following: b. For Hired Auto Physical Damage Coverage, the following are deemed to be covered "autos" you own; (1) Any covered "auto"you lease, hire, rent or borrow; and (2) Any covered "auto" hired or rented by your"employee" under a contract in that individual "employee's" name, with your permission, while performing duties related to the conduct of your business. However, any"auto"that is leased, hired, rented or borrowed with a driver is not a covered "auto", nor is any"auto" you hire from any of your"employees", partners (if you are a partnership), members (if you are a limited liability company), or members of their households. CAU 058 (05 19) Includes copyrighted material of the Insurance Services Office, Inc.,with its permission. Page 4 of 4 Copyright 2018 FCCI Insurance Group. Insured Copy POLICY NUMBER: CPP 10 0 0 4 4 9 7 3—0 3 COMMERCIAL GENERAL LIABILITY CGL 121 (02 21) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - AUTOMATIC STATUS WHEN REQUIRED IN CONTRACT OR AGREEMENT - ONGOING OPERATIONS AND PRODUCTS-COMPLETED OPERATIONS (TEXAS LIMITED SOLE NEGLIGENCE) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM SCHEDULE OPTIONAL Name of Additional Insured Persons or Organizations (As required by written contract or agreement per Paragraph A. below.) Locations of Covered Operations (As per the written contract or agreement, provided the location is within the"coverage territory".) (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 include as an additional insured: 1. Any person or organization for whom you are performing operations when you and such person or organization have agreed in writing in a contract or agreement in effect during the term of this policy that such person or organization be added as an additional insured on your policy; and 2. Any other person or organization you are required to add as an additional insured under the contract or agreement described in Paragraph 1. above; and 3. The particular person or organization, if any, scheduled above. Such person(s)or organization(s)is an additional insured only with respect to liability for"bodily injury", "property damage" or"personal and advertising injury"occurring after the execution of the contract or agreement described in Paragraph 1. above and caused, in whole or in part, by: a. Your acts or omissions; or b. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured; or c. "Your work" performed for the additional insured and included in the"products-completed operations hazard" if such coverage is specifically required in the written contract or agreement. With respect to liability of the additional insured for"bodily injury" of an employee or agent of a named insured or the employee of a named insured's subcontractor, coverage shall apply for the partial or sole negligence of the additional insured, but only if such coverage is specifically required in the written contract or agreement. However, the insurance afforded to such additional insured(s)described above: a. Only applies to the extent permitted by law; b. Will not be broader than that which you are required by the contract or agreement to provide for such additional insured; CGL 121 (02 21) Includes copyrighted material of the Insurance Services Office, Inc.,with its permission. Page 1 of 2 Copyright 2020 FCCI Insurance Group. Insured Copy POLICY NUMBER: CPP 10 0 0 4 4 9 7 3—0 3 COMMERCIAL GENERAL LIABILITY CGL 121 (02 21) c. Will not be broader than that which is afforded to you under this policy; and d. Nothing herein shall extend the term of this policy. B. The insurance provided to the additional insured does not apply to"bodily injury", "property damage"or "personal and advertising injury"arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, including: 1. The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys,field orders, change orders or drawings and specifications; or 2. Supervisory, inspection, architectural or engineering activities. C. This insurance is excess over any other valid and collectible insurance available to the additional insured whether on a primary, excess, contingent or any other basis; unless the written contract or agreement requires that this insurance be primary and non-contributory, in which case this insurance will be primary and non-contributory relative to insurance on which the additional insured is a Named Insured. D. With respect to the insurance afforded to these additional insureds, the following is added to Section III— Limits of Insurance: The most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contractor agreement described in Paragraph A.1.; or 2. Available under the applicable Limits of Insurance; whichever is less. This endorsement shall not increase the applicable Limits of Insurance. E. Section IV—Commercial General Liability Conditions is amended as follows: The Duties In The Event of Occurrence, Offense, Claim or Suit condition is amended to add the following additional conditions applicable to the additional insured: An additional insured under this endorsement must as soon as practicable: 1. Give us written notice of an"occurrence"or an offense which may result in a claim or"suit" under this insurance, and of any claim or"suit'that does result; 2. Send us copies of all legal papers received in connection with the claim or"suit', cooperate with us in the investigation or settlement of the claim or defense against the"suit', and otherwise comply with all policy conditions; and 3. Tender the defense and indemnity of any claim or"suit"to any provider of other insurance which would cover the additional insured for a loss we cover under this endorsement and agree to make available all such other insurance. However,this condition does not affect Paragraph C. above. We have no duty to defend or indemnify an additional insured under this endorsement until we receive from the additional insured written notice of a claim or"suit'. F. This endorsement does not apply to any additional insured or project that is specifically identified in any other additional insured endorsement attached to the Commercial General Liability Coverage Form. CGL 121 (02 21) Includes copyrighted material of the Insurance Services Office, Inc.,with its permission. Page 2 of 2 Copyright 2020 FCCI Insurance Group. Insured Copy IL 060 (07 13) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET NOTIFICATION TO OTHERS OF CANCELLATION This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM BUSINESS AUTO PHYSICAL DAMAGE COVERAGE FORM BUSINESSOWNERS COVERAGE FORM COMMERCIAL CRIME COVERAGE FORM COMMERCIAL GENERAL LIABILITY COVERAGE PART COMMERCIAL INLAND MARINE COVERAGE PART COMMERCIAL LIABILITY UMBRELLA COVERAGE FORM COMMERCIAL OUTPUT POLICY COMMERCIAL PROPERTY COVERAGE PART FARM COVERAGE PART FARM UMBRELLA COVERAGE FORM GARAGE COVERAGE FORM LIQUOR LIABILITY COVERAGE PART PRODUCT WITHDRAWAL COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART If we cancel this policy for any statutorily permitted reason other than nonpayment of premium we will mail notice of cancellation to any person or organization to whom you have agreed in a written contract that notice of cancellation of this policy will be given, but only if: 1. You send us a written request to provide such notice, including the name and address of such person or organization, after the first Named Insured shown in the Declarations receives notice from us of the cancellation of this policy; and, 2. We receive such written request at least 45 days before the effective date of cancellation. We will mail such notice at least 30 days before the effective date of the cancellation. Irrespective of any of the provisions above, nothing herein is intended to vest any right in the person or organization to be given notice, and said person or organization shall have no rights under this policy if he/it does not receive notice per this endorsement. IL 060 (07 13) Copyright 2013 FCCI Insurance Group. Page 1 of 1 Insured Copy Oz) X Mt e �1,S u ua WORKERS' COMPENSATION INSURANCE WORKERS' COMPENSATION AND WC 42 06 01 EMPLOYERS LIABILITY POLICY Insured copy TEXAS NOTICE OF MATERIAL CHANGE ENDORSEMENT This endorsement applies only to the insurance provided by the policy because Texas is shown in Item 3.A. of the Information Page. In the event of cancellation or other material change of the policy, we will mail advance notice to the person or organization named in the Schedule. The number of days advance notice is shown in the Schedule. This endorsement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Schedule 1. Number of days advance notice: 30 2. Notice will be mailed to: PER LIST ON FILE This endorsement changes the policy to which it is attached effective on the inception date of the policy unless a different date is indicated below. (The following"attaching clause"need be completed only when this endorsement is issued subsequent to preparation of the policy.) This endorsement,effective on 2/12/23 at 12:01 a.m.standard time.forms a part of: Policy no. 0001301314 of Texas Mutual Insurance Company effective on 2/12/23 Issued to: DIG DUG CONSTRUCTION LLC This is not a bill Authorized representative NCCI Carrier Code: 29939 22;23 PO Box 12058,Austin,TX 78711-2058 1 of 1 texasmutual.com 1 (800)859-5995 1 Fax(800)359-0650 WC 42 06 01 X M e �1,S utu WORKERS' COMPENSATION INSURANCE WORKERS'COMPENSATION AND WC 42 03 04 B EMPLOYERS LIABILITY POLICY Insured copy TEXAS WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT This endorsement applies only to the insurance provided by the policy because Texas is shown in item 3.A. of the Information Page. We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule, but this waiver applies only with respect to bodily injury arising out of the operations described in the schedule where you are required by a written contract to obtain this waiver from us. This endorsement shall not operate directly or indirectly to benefit anyone not named in the Schedule. The premium for this endorsement is shown in the Schedule. Schedule 1. ( ) Specific Waiver Name of person or organization (X)Blanket Waiver Any person or organization for whom the Named Insured has agreed by written contract to furnish this waiver. 2. Operations: ALL TEXAS OPERATIONS 3. Premium: The premium charge for this endorsement shall be 2.00 percent of the premium developed on payroll in connection with work performed for the above person(s)or organization(s)arising out of the operations described. 4. Advance Premium: Included, see Information Page This endorsement changes the policy to which it is attached effective on the inception date of the policy unless a different date is indicated below. (The following"attaching clause"need be completed only when this endorsement is issued subsequent to preparation of the policy.) This endorsement,effective on 2/12/23 at 12:01 a.m.standard time,forms a part of: Policy no.0001301314 of Texas Mutual Insurance Company effective on 2/12/23 Issued to: DIG DUG CONSTRUCTION LLC &LE This is not a bill Authorized representative NCCI Carrier Code: 29939 2/2/23 PO Box 12058,Austin,TX 78711-2058 1 of 1 texasmutual.com 1(800)859-5995 1 Fax(800)359-0650 WC 42 03 04 B 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 i 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 L 00700 04-2020 Page 1 General Conditions 00443641 L�. GENERAL CONDITIONS ARTICLE 1 - DEFINITIONS Whenever used in these General Conditions or in the other Contract Documents, the term printed with initial capital letters or all capital letters, including the term's singular and plural forms, will have the meaning indicated in the definitions below or as defined in these General Conditions or other Contract Documents: 1.1 Addenda - Written or graphic instruments issued prior to the receipt of Proposals or the opening of Bids that clarify, correct or change the proposal or bidding requirements or the Contract Documents. 1.2 Agreement - Prescribed form, referenced as Section 00500. 1.3 Alternative Dispute Resolution -The process by which a disputed Claim may be settled if the OWNER and the CONTRACTOR cannot reach an agreement between themselves, as an alternative to litigation. 1.4 Bid - Proposal of bidder on prescribed forms setting forth prices for performing the Work described in the Contract Documents. 1.5 Bid Documents-The advertisement or invitation for bids, instructions to bidders, the bid form, the Contract Documents and Addenda. 1.6 Calendar Day -Any day of the week; no days being excepted. Work on Saturdays, Sundays, and/or Legal Holidays shall only be conducted with prior express written consent of the OWNER. 1.7 Change Directive -A written directive to the CONTRACTOR, signed by the OWNER, ordering a change in the Work and stating a proposed basis for adjustment, if any, in the Contract Amount or Contract Time, or both. A Change Directive may be used in the absence of total agreement on the terms of a Change Order. A Change Directive does not change the Contract Amount or Contract Time, but is evidence that the parties expect that the change directed or documented by a Change Directive will be incorporated in a subsequently issued Change Order. 1.8 Change Orders - Written agreements entered into between the CONTRACTOR and the OWNER authorizing an addition, deletion, or revision to the Contract, issued on or after the Execution Date of the Agreement and within the Contract term. 1.9 Claim - A written demand seeking, as a matter of right, adjustment or interpretation of Contract terms, payment of money, extension of time or other relief with respect to the terms of the Contract. 1.10 Contract - The Contract represents the entire and integrated agreement between the OWNER and the CONTRACTOR for performance of the Work, as evidenced by the Contract Documents. 1.11 Contract Amount -The amount payable by the OWNER to the CONTRACTOR for completion of the Work in accordance with the Contract Documents. 1.12 Contract Documents — Includes the Invitation to Bid, Instructions to Bidders, Agreement, General Conditions, Supplemental General Conditions, Special Conditions, Specifications, Project Manual, Drawings, Addenda and Change Orders. 1.13 Contract Time -The number of days allowed for completion of the Work as defined by the Contract. When any period is referred to in days, it will be computed to exclude the first and include the last day of such period. A day of twenty-four(24) hours measured from midnight to the next midnight will constitute a day. 1.14 CONTRACTOR - The individual, firm, corporation, or other business entity with whom the OWNER has entered into the Contract. 00700 04-2020 Page 2 General Conditions 1.15 Drawings - Those portions of the Contract Documents which are graphic representations of the scope, extent and character of the Work to be furnished and performed by the CONTRACTOR and which have been approved by the OWNER. Drawings may include plans, elevations, sections, details, schedules and diagrams. Shop Drawings are not Drawings as so defined. 1.16 Engineer/Architect (E/A) - The OWNER's design professional identified as such in the Agreement. The titles of"Architect/Engineer,""Architect" and "Engineer" used in the Contract Documents shall be read the same as Engineer/Architect (E/A). Nothing contained in the Contract Documents shall create any contractual or agency relationship between E/A and the CONTRACTOR. 1.17 Equal - The terms"equal"or"approved equal" shall have the same meaning. 1.18 Execution Date - Date of last signature of the parties to the Agreement. 1.19 Field Order - A written order issued by Owner's Representative which orders minor changes in the Work and which does not involve a change in the Contract Amount or the Contract Time. 1.20 Final Acceptance—The stage in the Contract process when, in the OWNER's opinion, Final Completion of the Work has been attained and a Certificate of Acceptance approved by the OWNER is issued. 1.21 Final Completion -The stage in the progress of the Work when, in the OWNER's opinion, the entire Work has been completed, the CONTRACTOR's obligations under the Contract Documents have been fulfilled, and the OWNER is processing or has made final payment to the CONTRACTOR, as evidenced by a Certificate of Acceptance approved by the OWNER. 1.22 Inspector- The authorized representative of any regulatory agency that has jurisdiction over any portion of the Work. 1.23 Legal Holidays 1.23.1 The following are recognized by the OWNER: Holiday Date Observed New Year's Day January 1 Martin Luther King, Jr.'s Birthday Third Monday in January President's Day Third Monday in February Memorial Day Last Monday in May Independence Day July 4 Labor Day First Monday in September Veteran's Day November 11 Thanksgiving Day Fourth Thursday in November Friday after Thanksgiving Friday after Thanksgiving Christmas Eve December 24 Christmas Day December 25 00700 04-2020 Page 3 General Conditions 1.23.2 If a Legal Holiday falls on Saturday, it will be observed on the preceding Friday. If a Legal Holiday falls on Sunday, it will be observed on the following Monday. 1.23.3 If Christmas Eve falls on a Saturday or a Sunday, the preceding Friday is observed as the Christmas Eve holiday. 1.23.4 If Christmas Day falls on a Saturday or a Sunday, the following Monday is observed as the Christmas Day holiday. d 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 t 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 r S 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. i< 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 I materials, equipment, construction systems, standards, workmanship, equipment and services in order to render a completed and useful project. r 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: r 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 t 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 C 2.6 Initially Acceptable Schedules: [' Unless otherwise provided in the Contract Documents, the CONTRACTOR shall obtain approval of Owner's f` 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 r 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. f .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"/o of the Contract Amount following the one year warranty period. .3 If the Contract Amount is less than or equal to $25,000, CONTRACTOR will not be required to furnish a Performance Bond, provided that no money will be paid to CONTRACTOR until completion and acceptance of the Work by OWNER under the following terms and conditions: CONTRACTOR shall be entitled to receive 95%of the Contract Amount following Final Completion, and the remaining 5%of the Contract Amount following the one year warranty period .4 If a Performance Bond is required to be furnished, it shall extend for the one year warranty period. 5.4.3 Payment Bond. .1 If the Contract Amount exceeds $50,000, CONTRACTOR shall furnish OWNER with a Payment Bond in the form set out by OWNER. .2 If the Contract Amount is less than or equal to $50,000, CONTRACTOR will not be required to furnish a Payment Bond, provided that no money will be paid to CONTRACTOR until completion and acceptance of the Work by OWNER under the terms and conditions specified in paragraph 5.4.2.3. 00700 04-2020 Page 15 General Conditions ARTICLE 6 -CONTRACTOR'S RESPONSIBILITIES 6.1 Supervision and Superintendence: 6.1.1 The CONTRACTOR shall supervise. inspect and direct the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Contract Documents. Unless otherwise directed by the OWNER in the Contract Documents, the CONTRACTOR shall be solely responsible for the means, methods, techniques, sequences and procedures of construction. The CONTRACTOR shall be responsible to see that the completed Work complies accurately with the Contract Documents. 6.1.2 The CONTRACTOR shall have an English-speaking, competent Superintendent on the Work at all times that work is in progress. Upon request of Owner's Representative, the CONTRACTOR shall present the resume of the proposed Superintendent to Owner's Representative showing evidence of experience and successful superintendence and direction of work of a similar scale and complexity. If, in the opinion of Owner's Representative, the proposed Superintendent does not indicate sufficient experience in line with the Work, he/she will not be allowed to be the designated Superintendent for the Work. The Superintendent shall not be replaced without Written Notice to Owner's Representative. If the CONTRACTOR deems it necessary to replace the Superintendent, the CONTRACTOR shall provide the necessary information for approval, as stated above, on the proposed new Superintendent. A qualified substitute Superintendent may be designated in the event that the designated Superintendent is temporarily away from the Work, but not to exceed a time limit acceptable to Owner's Representative. The CONTRACTOR shall replace the Superintendent upon the OWNER's request in the event the Superintendent is unable to perform to the OWNER's satisfaction. The Superintendent will be the CONTRACTOR's representative on the Work and shall have the authority to act on behalf of the CONTRACTOR. All communications given to the Superintendent shall be as binding as if given to the CONTRACTOR. Either the CONTRACTOR or the Superintendent shall provide an emergency and home telephone number at which one or the other may be reached if necessary when work is not in progress. 6.2 Labor, Materials and Equipment: 6.2.1 The CONTRACTOR agrees to employ only orderly and competent workers, skillful in performance of the type of Work required under this Contract. The CONTRACTOR, Subcontractors, Sub-subcontractors, and their employees may not use or possess any firearms, alcoholic or other intoxicating beverages, illegal drugs or controlled substances while on the job or on the OWNER's property, nor may such workers be intoxicated, or under the influence of alcohol or drugs, on the job. If the OWNER or Owner's Representative notifies the CONTRACTOR that any worker is incompetent, disorderly or disobedient, has knowingly or repeatedly violated safety regulations,. has possessed any firearms, or has possessed or was under the influence of alcohol or drugs on the job, the CONTRACTOR shall immediately remove such worker from performing Contract Work, and may not employ such worker again on Contract Work without the OWNER's prior written consent. The CONTRACTOR shall at all times maintain good discipline and order on or off the site in all matters pertaining to the Project. The CONTRACTOR shall pay workers no less than the wage rates established in Section 00900, and maintain weekly payroll reports as evidence thereof. 6.2.2 Unless otherwise specified, the CONTRACTOR shall provide and pay for all materials, equipment, labor, transportation, construction equipment and machinery, tools, appliances, fuel, power, light, heat, telephone, water, sanitary facilities, temporary facilities and all other facilities and incidentals necessary for the furnishing, performance, re-testing of defective work, start-up and completion of the Work. 6.2.3 All materials and equipment shall be of good quality and new (including new products made of recycled materials), except as otherwise provided in the Contract Documents. If required by Owner's Representative, the CONTRACTOR shall furnish satisfactory evidence (reports of required tests, manufacturer's certificates of compliance with material requirements, mill reports, etc.) as to the kind, quantity and quality of materials and equipment. All materials and equipment shall be applied, installed, connected, erected, used, cleaned and conditioned in accordance with instructions of the applicable Supplier, except as otherwise provided in the Contract Documents. 00700 04-2020 Page 16 General Conditions 6.2.4 Substitutes and "Approved Equal" Items 6.2.4.1 Whenever an item of material or equipment is specified or described in the Contract Documents by using the name of a proprietary item or the name of a particular Supplier, the specification or description is intended to establish the type. function and quality required Unless the specification or description contains words reading that no like, equivalent or"approved equal" item or no substitution is permitted, other items of material or equipment of other Suppliers may be submitted to Owner's Representative under the following circumstances .1 "Approved Equal If, in the OWNER's sole discretion, an item of material or an item of equipment proposed by the CONTRACTOR is functionally equal to that named and sufficiently similar so that no change in related Work will be required, it may be considered by the OWNER as an "approved equal" item, in which case review of the proposed item may, in the OWNER's sole discretion, be accomplished without compliance with some or all of the requirements for evaluation of proposed substitute items. The CONTRACTOR shall provide the OWNER with the documentation required for the OWNER to make its determination. .2 Substitute Items: If, in the OWNER's sole discretion, an item of material or an item of equipment proposed by the CONTRACTOR does not qualify as an "approved equal" item under paragraph 6.2.4.1.1, then it will be considered a proposed substitute item. The CONTRACTOR shall submit sufficient information to allow the OWNER to determine that the item of material or item of equipment proposed is essentially equivalent to that named and a substitute therefor. 6.2.4.2 Substitute Construction Methods and Procedures: If a specific means, method, technique, sequence or procedure of construction is shown or indicated in and expressly required by the Contract Documents, the CONTRACTOR may with prior approval of the OWNER furnish or utilize a substitute means, method, technique, sequence, or procedure of construction. The CONTRACTOR shall submit sufficient information to Owner's Representative to allow the OWNER, in the OWNER's sole discretion, to determine that the substitute proposed is equivalent to that expressly called for by the Contract Documents. 6.2.4.3 OWNER's Evaluation: The OWNER will be allowed a reasonable time within which to evaluate each proposal or submittal made pursuant to paragraph 6.2.4.1.1 and paragraph 6.2.4.1.2. The OWNER will be the sole judge of acceptability. No"approved equal" or substitute shall be ordered, installed, or utilized until the OWNER's review is complete, which will be evidenced by either a Change Order or completion of the Shop Drawing review procedure. The OWNER may require the CONTRACTOR to furnish at the CONTRACTOR's expense a special performance guarantee or other surety bond with respect to any"approved equal"or substitute. The OWNER shall not be responsible for any delay due to review time for any "approved equal" or substitute 6.2.4.4 CONTRACTOR's Expense: All data to be provided by the CONTRACTOR in support of any proposed "approved equal" or substitute item will be at the CONTRACTOR's expense. 6.2.5 The CONTRACTOR agrees to assign to the OWNER any rights it may have to bring antitrust suits against its Suppliers for overcharges on materials incorporated in the Project growing out of illegal price fixing agreements. The CONTRACTOR further agrees to cooperate with the OWNER should the OWNER wish to prosecute suits against Suppliers for illegal price fixing. 6.3 Progress Schedule: Unless otherwise directed, the CONTRACTOR shall adhere to the progress schedule established in accordance with paragraph 2.6 as it may be adjusted from time to time as provided below: .1 The CONTRACTOR shall submit to Owner's Representative for acceptance proposed adjustments in the progress schedule that will not change the Contract Times or Milestones. Such adjustments will conform generally to the progress schedule then in effect. 00700 04-2020 Page 17 General Conditions .2 Proposed adjustments in the progress schedule that will change the Contract Times or Milestones shall be submitted in accordance with the requirements of Article 12. Such adjustments may only be made by a Change Order or Time Extension Request in accordance with Article 12. 6.4 Concerning Subcontractors, Suppliers and Others: 6.4.1 Assignment. The CONTRACTOR agrees to retain direct control of and give direct attention to the fulfillment of this Contract. The CONTRACTOR agrees not to, by Power of Attorney or otherwise, assign said Contract without the prior written consent of the OWNER 6.4.2 Award of Subcontracts for Portions of the Work The CONTRACTOR shall not employ any Subcontractor, Supplier or other person or organization, whether initially or as a substitute, against whom the OWNER may have reasonable objection. The CONTRACTOR must provide the OWNER with a list of all Subcontractors, Suppliers, or other persons or organizations it will use in the Work, and such list must be provided prior to the preconstruction conference. Should the OWNER have objections,the OWNER will communicate such objections by Written Notice. If the OWNER requires a change without good cause of any Subcontractor, person or organization previously accepted by OWNER.the Contract Amount may be increased or decreased by the difference in the cost occasioned by any such change, and an appropriate Change Order shall be issued. The CONTRACTOR shall not substitute any Subcontractor, person or organization that has been accepted by the OWNER, unless the substitute has been accepted in writing by the OWNER. No acceptance by the OWNER of any Subcontractor, Supplier or other person or organization shall constitute a waiver of any right of the OWNER to reject defective Work. 6.4.3 The CONTRACTOR shall enter into written agreements with all Subcontractors and Suppliers which specifically bind the Subcontractors or Suppliers to the applicable terms and conditions of the Contract Documents for the benefit of the OWNER and E/A. The OWNER reserves the right to specify that certain requirements shall be adhered to by all Subcontractors and Sub-subcontractors as indicated in other portions of the Contract Documents and these requirements shall be made a portion of the agreement between the CONTRACTOR and Subcontractor or Supplier. 6.4.4 The CONTRACTOR shall be fully responsible to the OWNER for all acts and omissions of the Subcontractors, Suppliers and other persons and organizations performing or furnishing any of the Work under a direct or indirect contract with the CONTRACTOR just as the CONTRACTOR is responsible for the CONTRACTOR's own acts and omissions. Nothing in the Contract Documents shall create for the benefit of any such Subcontractor, Supplier or other person or organization any contractual relationship between the OWNER and any such Subcontractor, Supplier or other person or organization, nor shall it create any obligation on the part of the OWNER or E/A to pay or to see to the payment of any amounts due any such Subcontractor, Supplier or other person or organization except as may otherwise be required by laws and regulations. 6.4.5 The CONTRACTOR shall be solely responsible for scheduling and coordinating the Work of Subcontractors, Suppliers and other persons and organizations performing or furnishing any of the Work under a direct or indirect contract with the CONTRACTOR. The CONTRACTOR shall require all Subcontractors, Suppliers and such other persons and organizations performing or furnishing any of the Work to communicate with Owner's Representative through the CONTRACTOR. 6.4.6 The divisions and sections of the Specifications and the identifications of any Drawings shall not control the CONTRACTOR in dividing or delineating the Work to be performed by any specific trade. 6.4.7 The CONTRACTOR shall pay each Subcontractor and Supplier their appropriate share of payments made to the CONTRACTOR not later than ten (10) Days after the CONTRACTOR's receipt of payment from the OWNER. 6.5 Patent Fees and Royalties: 6.5.1 The CONTRACTOR shall be responsible at all times for compliance with applicable patents or copyrights encompassing, in whole or in part, any design, device, material, or process utilized, directly or indirectly, in the performance of the Work or the formulation or presentation of its Bid. 00700 04-2020 Page 18 General Conditions 6.5.2 The CONTRACTOR shall pay all royalties and license fees and shall provide, prior to commencement of Work hereunder and at all times during the performance of same, for lawful use of any design, device, material or process covered by letters, patent or copyright by suitable legal agreement with the patentee, copyright holder, or their duly authorized representative whether or not a particular design, device, material, or process is specified by the OWNER 6.5.3 The CONTRACTOR shall defend all suits or claims for infringement of any patent or copyright and shall indemnify and save the OWNER harmless from any and all claims, costs, losses, expenses and damages(including but not limited to attorney's fees and consultant fees), direct or indirect, arising with respect to the CONTRACTOR's process in the formulation of its bid or the performance of the Work or otherwise arising in connection therewith. The OWNER reserves the right to provide its own defense, with counsel of its own choosing, to any suit or claim of infringement of any patent or copyright in which event the CONTRACTOR shall indemnify and save harmless the OWNER from all costs and expenses of such defense as well as satisfaction of all judgments entered against the OWNER. 6.5.4 The OWNER shall have the right to stop the Work and/or terminate this Agreement at any time in the event the CONTRACTOR fails to disclose to the OWNER that the CONTRACTOR's work methodology includes the use of any infringing design, device, material or process. 6.6 Permits, Fees: Unless otherwise provided in the Supplemental General Conditions, the CONTRACTOR shall obtain and pay for all construction permits, licenses and fees required for prosecution of the Work. OWNER will obtain and pay for the following permits, licenses and/or fees, if required: .1 Site Development Permit. .2 Building Permit(s). .3 Texas Department of Transportation permit for work in State rights-of-way. .4 Railroad Utility License Agreement. 6.7 Laws and Regulations: 6.7.1 The CONTRACTOR shall give all notices and comply with all laws and regulations applicable to furnishing and performing the Work. Except where otherwise expressly required by applicable laws and regulations, neither the OWNER nor E/A shall be responsible for monitoring the CONTRACTOR's compliance with any laws and regulations. 6.7.2 The CONTRACTOR shall plan and execute its operations in compliance with all applicable Federal, State and local laws and regulations, including those concerning control and abatement of water pollution and prevention and control of air pollution. 6.7.3 If the CONTRACTOR performs any Work that it is contrary to laws or regulations, then the CONTRACTOR shall bear and shall indemnify, defend and hold OWNER harmless from all claims, costs, losses and damages arising therefrom, however, it shall not be the CONTRACTOR's primary responsibility to make certain that the Specifications and Drawings are in accordance with laws and regulations, but this does not relieve the CONTRACTOR of the CONTRACTOR's obligations under Article 3. 6.8 Taxes: 6.8.1 The CONTRACTOR shall pay all sales, consumer, use and other similar taxes required to be paid by the CONTRACTOR in accordance with the laws and regulations of the State of Texas. 00700 04-2020 Page 19 General Conditions (r 1 i 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: j1 6.9.1 The CONTRACTOR shall confine construction equipment, the storage of materials and equipment and the operations of workers to the site and land and areas identified in and permitted by the Contract Documents and other land and areas permitted by laws and regulations, rights-of-way, permits and easements, and shall not unreasonably encumber the premises with construction equipment or other materials or equipment. The CONTRACTOR shall assume full responsibility for any damage to any such land or area, or to the owner or occupant thereof or of any adjacent land or areas, resulting from the performance of the Work. Should any claim be made by any such owner or occupant because of the performance of the Work, the CONTRACTOR shall promptly settle with such other party by negotiation or otherwise resolve the claim by dispute resolution proceeding or at law. The CONTRACTOR shall indemnify, defend and hold harmless the OWNER, E/A, E/A's consultants and anyone directly or indirectly employed by any of them from and against all claims, costs, losses and damages (including court costs and reasonable attorneys' fees) arising out of or resulting from any claim or action, legal or equitable, brought by any such owner or occupant against the OWNER, E/A or any other party indemnified hereunder to the extent caused by or based upon performance of the Work or failure to perform the Work. 6.9.2 During the progress of the Work and on a daily basis, the CONTRACTOR shall keep the premises free from accumulations of waste materials, rubbish and other debris resulting from the Work. At the completion of the Work, the CONTRACTOR shall remove all waste materials, rubbish and debris from and about the premises as well as all tools, appliances, construction equipment and machinery and surplus materials. The CONTRACTOR shall leave the site clean and ready for occupancy by the OWNER at Substantial Completion of the Work. The CONTRACTOR shall, at a minimum, restore to original condition all property not designated for alteration by the Contact Documents. 6.9.3 The CONTRACTOR shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall the CONTRACTOR subject any part of the Work or adjacent property to stresses or pressures that will endanger it. 6.10 Record Documents: The CONTRACTOR shall maintain in a safe place at the site, or other location acceptable to the OWNER, one (1) record copy of all Drawings. Specifications, Addenda, Change Orders, Change Directives, Field Orders and written interpretations and clarifications (issued pursuant to paragraph 9.5) in good order and annotated to show all changes made during construction. These record documents, together with all final samples and all final Shop Drawings, will be available to the OWNER and E/A for reference during performance of the Work. Upon Substantial Completion of the Work, these record documents, samples and Shop Drawings showing the final "as built" construction of the Project shall be promptly delivered to Owner's Representative. 6.11 Safety and Protection: 6.11.1 The CONTRACTOR shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work. Upon request, and prior to installation of measures,the CONTRACTOR shall submit a site security and safety plan for approval by the OWNER. By reviewing the plan or making recommendations or comments, the OWNER will not assume liability nor will the CONTRACTOR be relieved of liability for damage, injury or loss. The CONTRACTOR shall take all necessary precautions for the safety of and shall provide the necessary protection to prevent damage, injury or loss to: .1 all persons on the Work site or who may be affected by the Work, .2 all the Work and materials and equipment to be incorporated therein, whether in storage on or off the site, and 00700 04-2020 Page 20 General Conditions .3 other property at the site or adjacent thereto, including but not limited to, trees, shrubs, lawns, walks. pavements, roadways, structures, utilities and underground facilities not designated for removal, relocation or replacement in the course of construction. 6.11.2 The CONTRACTOR shall comply with all applicable laws and regulations of any public body having jurisdiction for safety of persons or property or to protect them from damage, injury or loss, and shall erect and maintain all necessary safeguards for such safety and protection. The CONTRACTOR shall notify owners of adjacent property and of underground facilities, and utility owners when prosecution of the Work may affect them, and shall cooperate with them in the protection, removal, relocation and replacement of their property. All damage, injury or loss to any property referred to in paragraph 6.11.1.2 and paragraph 6.11.1.3 caused, directly or indirectly, in whole or in part, by the CONTRACTOR, Subcontractor, Supplier or any person or organization directly or indirectly employed by any of them to perform or furnish any of the Work or anyone for whose acts any of them may be responsible, shall be remedied by the CONTRACTOR (except damage or loss attributable to the fault of Drawings or Specifications or to the acts or omissions of the OWNER, or E/A, or E/A's consultant or anyone employed by any of them or anyone for whose acts any of them may be responsible, and not attributable, directly or indirectly, in whole or in part, to the faults or negligence of the CONTRACTOR or any Subcontractor, Supplier or other person or organization directly or indirectly employed by any of them). The CONTRACTOR's duties and responsibilities for safety and protection of the Work shall continue until such time as all the Work is completed and Owner's Representative has issued a notice to the OWNER and the CONTRACTOR in accordance with Article 14 that the Work is acceptable (except as otherwise expressly provided in connection with Substantial Completion). 6.11.3 Safety Representative: The CONTRACTOR shall designate a qualified and experienced safety representative at the site whose duties and responsibilities shall be the prevention of accidents and the maintaining and supervising of safety precautions and programs. Upon request of the OWNER, the CONTRACTOR shall provide certifications or other documentation of the safety representative's qualifications. At a minimum, the safety representative shall have received the OSHA thirty (30) hour training and a certificate evidencing that the safety representative has received such training within the last five (5) years shall be provided to the OWNER's representative 6.11.4 Hazard Communication Programs: The CONTRACTOR shall be responsible for coordinating any exchange of material safety data sheets or other hazard communication information required to be made available to or exchanged between or among employers at the site in accordance with laws and regulations. 6.11.5 Emergencies: 6.11.5.1 In emergencies affecting the safety or protection of persons or the Work at the site or adjacent thereto, the CONTRACTOR, without special instruction or authorization from the OWNER or E/A, is obligated to act reasonably to prevent threatened damage, injury or loss and to mitigate damage or loss to the Work. The CONTRACTOR shall give Owner's Representative prompt written notice if the CONTRACTOR believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby. If Owner's Representative determines that a change in the Contract Documents is required because of the action taken by the CONTRACTOR in response to such an emergency, a Change Directive or Change Order will be issued to document the consequences of such action, otherwise the OWNER will not be responsible for the CONTRACTOR's emergency action. 6.11.5.2 Authorized agents of the CONTRACTOR shall respond immediately to call-out at any time of any day or night when circumstances warrant the presence on Project site of the CONTRACTOR or its agent to protect the Work or adjacent property from damage, restriction or limitation or to take such action or measures pertaining to the Work as may be necessary to provide for the safety of the public. Should the CONTRACTOR and/or its agent fail to respond and take action to alleviate such an emergency situation, the OWNER may direct other forces to take action as necessary to remedy the emergency condition, and the OWNER will deduct any cost of such remedial action from the funds due to the CONTRACTOR under this Contract. 6.11.5.3 In the event there is an accident involving injury to any individual on or near the Work, the CONTRACTOR shall notify Owner's Representative within twenty-four (24) hours of the event and shall be responsible for recording the location of the event and the circumstances surrounding the event through 00700 04-2020 Page 21 General Conditions photographs, interviewing witnesses, obtaining medical reports and other documentation that describes the event. Copies of such documentation shall be provided to Owner's Representative. for the OWNER's and E/A's records, within forty-eight (48) hours of the event. 6.12 Continuing the Work: The CONTRACTOR shall carry on the Work and adhere to the progress schedule during all disputes or disagreements with the OWNER. No Work shall be delayed or postponed pending resolution of any disputes or disagreements, except as the OWNER and the CONTRACTOR may agree in writing 6.13 CONTRACTOR's General Warranty and Guarantee: 6.13.1 The CONTRACTOR warrants and guarantees to the OWNER that all Work will be performed in a good and workmanlike manner in accordance with the Contract Documents and will not be defective. The CONTRACTOR's { warranty and guarantee hereunder excludes defects or damage caused by: (` .1 abuse, modification or improper maintenance or operation by persons other than the CONTRACTOR, Subcontractors or Suppliers; or .2 normal wear and tear under normal usage. 6.13.2 The CONTRACTOR's obligation to perform and complete the Work in a good and workmanlike manner in accordance with the Contract Documents shall be absolute. None of the following will constitute acceptance of Work not in accordance with the Contract Documents or a release of the CONTRACTOR's obligation to perform the Work in accordance with the Contract Documents: .1 observations by Owner's Representative and/or E/A; ` .2 recommendation of any progress or final payment by Owner's Representative, .3 the issuance of a certificate of Substantial Completion or any payment by the OWNER to the CONTRACTOR under the Contract Documents, .4 use or occupancy of the Work or any part thereof by the OWNER. .5 any acceptance by the OWNER or any failure to do so, .6 any review of a Shop Drawing or sample submittal, .7 any inspection, test or approval by others, or .8 any correction of defective Work by the OWNER. .9 the failure of the OWNER, E/A or any other person or entity acting on behalf of the OWNER or E/A to observe, detect or discover any defect in the Work or any non-conformance of the Work with any requirement of the Contract Documents. CONTRACTOR hereby waives any claim or defense to any claim by the OWNER that any failure by the OWNER. E/A, or any other person or entity acting on behalf of the OWNER or E/A to observe, detect or discover any defect in the Work relieves or releases, in whole or in part, CONTRACTOR from any obligations or responsibility for the correction of such defects or any other obligation of CONTRACTOR under the Contract Documents. 6.14 Indemnification: 00700 04-2020 Page 22 General Conditions 6.14.1 TO THE FULLEST EXTENT PERMITTED BY LAW,AND IN ADDITION TO ANY OTHER OBLIGATIONS OF CONTRACTOR UNDER THE CONTRACT OR OTHERWISE, CONTRACTOR SHALL INDEMNIFY, DEFEND AND HOLD HARMLESS OWNER, ITS COUNCIL MEMBERS , EMPLOYEES, AGENTS, AND CONSULTANTS INCLUDING, BUT NOT LIMITED TO THE E/A (THE "INDEMNIFIED PARTIES" OR INDEMNIFIED PARTY", FROM AND AGAINST ALL CLAIMS, COSTS, LOSSES, AND DAMAGES (INCLUDING BUT NOT LIMITED TO ALL FEES AND CHARGES OF ENGINEERS, ARCHITECTS, ATTORNEYS, CONSULTANTS, EXPERTS AND OTHER PROFESSIONALS AND ALL COURT OR ARBITRATION OR OTHER DISPUTE RESOLUTION COSTS) ARISING OUT OF OR RELATING TO THE PERFORMANCE OF THE WORK, REGARDLESS OF WHETHER SUCH CLAIMS, COSTS, LOSSES, AND DAMAGES ARE CAUSED, IN WHOLE OR IN PARTY BY THE ACTS, ACTIONS, ERRORS OR OMISSIONS OF AN INDEMNIFIED PARTY. BECAUSE OWNER IS A MUNICIPALITY, THE TERMS AND PROVISIONS OF SUBCHAPTER C OF CHAPTER 151 OF THE TEXAS INSURANCE CODE ("CHAPTER 151") DOES NOT APPLY TO THE OWNER. IF, HOWEVER, ANY PROVISION OF CHAPTER 151 APPLIES TO THE OWNER, IT IS THE INTENT OF THE OWNER THAT IF THE PROVISIONS OF CHAPTER 151 DO APPLY, NOTHING HEREIN SHALL IMPOSE ANY REQUIREMENTS ON CONTRACTOR THAT ARE PROHIBITED BY CHAPTER 151 AND THAT ANY OF THE PROVISIONS HEREOF THAT ARE NOT PROHIBITED BY CHAPTER 151 SHALL REMAIN IN FULL FORCE AND EFFECT. ACCORDINGLY, IN THE EVENT THAT IN CONSTRUING AND INTERPRETING THE CONTRACT DOCUMENTS, A COURT OF COMPETENT JURISDICTION OR, IF APPLICABLE, AN ARBITRATOR, DETERMINES THAT CHAPTER 151 APPLIES TO THE OWNER, THEN THE COURT OR ARBITRATOR SHALL REFORM THE PROVISIONS HEREOF SO AS TO COMPLY WITH CHAPTER 151 AND SUCH REFORMATION SHALL NOT AFFECT THE VALIDITY OF ANY PROVISIONS HEREOF THAT ARE NOT PROHIBITED BY CHAPTER 151. 6.14.2 The indemnification obligation under paragraph 6.14.1 shall not be limited in any way by any limitation on the amount or type of damages, or compensation or benefits payable by or for the CONTRACTOR or any such Subcontractor, Supplier or other person or organization under workers'compensation acts, disability benefit acts or other employee benefit acts. 6.14.3 The obligations of the CONTRACTOR under paragraph 6.14.1 shall not extend to the liability of the OWNER, E/A, E/A's consultants, and their officers, directors, partners, employees or agents caused primarily by negligent preparation of maps, drawings, surveys, designs or specifications upon which is placed the applicable state-authorized design professional seal of the OWNER's, E/A's or E/A's consultant's officers, directors, partners, employees or agents. 6.14.4 In the event the CONTRACTOR fails to follow the OWNER's directives concerning use of the site, scheduling or course of construction, or engages in other conduct which proximately causes damage to property based on inverse condemnation or otherwise, then and in that event, the CONTRACTOR shall indemnify the OWNER against all costs resulting from such claims. 6.14.5 In the event the CONTRACTOR unreasonably delays progress of the work being done by others on the site so as to cause loss for which the OWNER becomes liable, then the CONTRACTOR shall reimburse the OWNER for such loss. 6.15 Survival of Obligations: All representations, indemnifications, warranties and guarantees made in, required by or given in accordance with the Contract Documents, as well as all continuing obligations indicated in the Contract Documents, will survive final payment, completion and acceptance of the Work and termination or completion of the Agreement. 6.16 Losses from Natural Causes: Unless otherwise specified, all loss or damage to the CONTRACTOR arising out of the nature of the Work to be done or from action of the elements, floods or from unforeseeable circumstances in prosecution of the Work or from 00700 04-2020 Page 23 General Conditions unusual obstructions or difficulties which may be encountered in prosecution of the Work, shall be sustained and borne by the CONTRACTOR at its own cost and expense. 6.17 Notice of Claim: Should the CONTRACTOR suffer injury or damage to person or property because of any error, omission or act of the OWNER or of any of the OWNER's employees or agents or others for whose acts the OWNER is liable, a Claim will be made to the other party within thirty (30) calendar days of the event giving rise to such injury or damage. The provisions of this paragraph 6.17 shall not be construed as a substitute for or a waiver of the provisions of any applicable statute of limitations, statute of repose, or any other provision of the Contract Documents 6.18 Liquidated Damages: At set forth in the Agreement, paragraph 1.2, the CONTRACTOR or its Surety shall be liable for Liquidated Damages for the CONTRACTOR's failure to timely complete the Work or any portion thereof within the Contract Time. See Supplemental Conditions for amount of Liquidated Damages. ARTICLE 7 -OTHER WORK 7.1 The OWNER may perform other work related to the Project at the site by the OWNER's own forces, or let other contracts therefor, or have other work performed by utility owners. If the CONTRACTOR believes that delay or additional cost is involved because of such action by the OWNER, the CONTRACTOR may make a Claim as provided in Article 11 or Article 12. 7.2 The CONTRACTOR shall afford other contractors who are in a contract with the OWNER and each utility owner (and the OWNER, if the OWNER is performing the additional work with the OWNER's employees) proper and safe access to the site and a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such other work and shall properly connect and coordinate the Work with theirs. Unless otherwise provided in the Contract Documents, the CONTRACTOR shall do all cutting, fitting and patching of the Work that may be required to make its several parts come together properly and integrate with such other work. The CONTRACTOR shall not endanger any work of others by cutting, excavating or otherwise altering their work and will only cut or alter their work with the written consent of Owner's Representative and the other contractors whose work will be affected. The CONTRACTOR shall promptly remedy damage caused by the CONTRACTOR to completed or partially completed construction or to property of the OWNER or separate contractors. 7.3 If the proper execution or results of any part of the CONTRACTOR's Work depends upon work performed by others under this Article 7, the CONTRACTOR shall inspect such other work and promptly report to Owner's Representative in writing any delays, defects or deficiencies in such other work that render it unavailable or unsuitable for the proper execution and results of the CONTRACTOR's Work. The CONTRACTOR's failure to report will constitute an acceptance of such other work as fit and proper for integration with the CONTRACTOR's Work except for latent or non-apparent defects and deficiencies in such other work. 7.4 The OWNER shall provide for coordination of the activities of the OWNER's own forces and of each separate contractor with the Work of the CONTRACTOR, who shall cooperate with them. The CONTRACTOR shall participate with other separate contractors and Owner's Representative in reviewing their construction schedules when directed to do so. The CONTRACTOR shall make any revisions to the construction schedule deemed necessary after a joint review and mutual agreement. The construction schedules shall then constitute the schedules to be used by the CONTRACTOR, separate contractors and the OWNER until subsequently revised. 7.5 Unless otherwise stated herein, costs caused by delays or by improperly timed activities or defective construction shall be borne by the party responsible therefor. 7.6 If CONTRACTOR damages, delays, disrupts or interferes with the work of any other contractor, or any utility owner performing other work at or adjacent to the site of the Project, through CONTRACTOR's failure to take reasonable and customary measures to avoid such impacts, or if any claim arising out of CONTRACTOR's actions. 00700 04-2020 Page 24 General Conditions inactions or negligence in performance of the Work at or adjacent to the site of the Project is made by any such other contractor or utility owner against CONTRACTOR, OWNER, or E/A, then CONTRACTOR shall (1) promptly attempt to settle the claim as to all parties through negotiations with such other contractor or utility owner, or otherwise resolve the claim by arbitration or other dispute resolution proceeding or at law, and (2)INDEMNIFY AND HOLD HARMLESS THE INDEMNIFIED PARTIES, INCLUDING, BUT NOT LIMITED TO THE E/A FROM AND AGAINST ANY SUCH CLAIMS,AND AGAINST ALL COSTS, LOSSES,AND DAMAGES(INCLUDING BUT NOT LIMITED TO ALL FEES AND CHARGES OF ENGINEERS, ARCHITECTS, ATTORNEYS, AND OTHER PROFESSIONALS AND ALL COURT OR ARBITRATION OR OTHER DISPUTE RESOLUTION COSTS) ARISING OUT OF OR RELATING TO SUCH DAMAGE, DELAY, DISRUPTION, OR INTERFERENCE. ARTICLE 8 -OWNER'S RESPONSIBILITIES 8.1 Prior to the start of construction, the OWNER will designate in writing a person or entity to act as Owner's Representative during construction. Except as otherwise provided in these General Conditions, the OWNER shall issue all communications to the CONTRACTOR through Owner's Representative. 8.2 The OWNER will not supervise, direct, control or have authority over or be responsible for the CONTRACTOR's means, methods, techniques, sequences or procedures of construction or the safety precautions and programs incident thereto. The OWNER is not responsible for any failure of the CONTRACTOR to comply with laws and regulations applicable to furnishing or performing the Work. The OWNER is not responsible for the CONTRACTOR's failure to perform or furnish the Work in accordance with the Contract Documents. Failure or omission of the OWNER to discover, or object to or condemn any defective Work or material shall not release the CONTRACTOR from the obligation to properly and fully perform the Contract. 8.3 The OWNER is not responsible for the acts or omissions of the CONTRACTOR, or of any Subcontractor, any Supplier, or of any other person or organization performing or furnishing any of the Work. 8.4 Information or services under the OWNER's control shall be furnished by the OWNER with reasonable promptness to avoid delay in the orderly progress of the Work. 8.5 The foregoing are in addition to other duties and responsibilities of the OWNER enumerated herein and especially those in respect to Article 4 (Availability of Lands; Subsurface and Physical Conditions, Reference Points), Article 7 (Other Work) and Article 14 (Payments to the CONTRACTOR and Completion). 8.6 Notice of Claim: Should the OWNER suffer injury or damage to person or property because of any error, omission or act of the CONTRACTOR or of any of the CONTRACTOR's employees or agents or others for whose acts the CONTRACTOR is liable, a notice of such injury or damage will be sent to the CONTRACTOR within thirty (30) calendar days of the event giving rise to such injury or damage. The provisions of this paragraph 8.6 shall not be construed as a substitute for or a waiver of the provisions of any applicable statute of limitations or statute of repose 8.7 The OWNER is not responsible for the CONTRACTOR's failure to perform or furnish the Work in accordance with the Contract Documents. The failure or omission of the OWNER, E/A or any other person or entity acting on behalf of the OWNER or the E/A to observe, detect, discover, or object to or condemn any defective Work or material shall not release the CONTRACTOR from CONTRACTOR's obligation to properly and fully perform the Work pursuant to the Contract Documents. The OWNER shall not be responsible for the acts, errors or omissions of the CONTRACTOR, or any Subcontractor, Supplier or any other person or entity performing or furnishing any of the Work on behalf of the CONTRACTOR. ARTICLE 9 - ENGINEER/ARCHITECT'S STATUS DURING CONSTRUCTION 9.1 E/A's Authority and Responsibilities: 9.1.1 The duties and responsibilities and the limitations of authority of E/A during construction are set forth in the Contract Documents and shall not be extended without written consent of the OWNER and E/A. The assignment 00700 04-2020 Page 25 General Conditions of any authority, duties or responsibilities to E/A under the Contract Documents, or under any agreement between the OWNER and E/A, or any undertaking, exercise or performance thereof by E/A, is intended to be for the sole and exclusive benefit of the OWNER and is not for the benefit of the CONTRACTOR, Subcontractor, Sub- subcontractor, Supplier, or any other person or organization, or for any surety or employee or agent of any of them. 9.1.2 E/A will not supervise, direct, control or have authority over or be responsible for the CONTRACTOR's means, methods, techniques, sequences or procedures of construction, or the safety precautions and programs incident thereto. E/A is not responsible for any failure of the CONTRACTOR to comply with laws and regulations applicable to the furnishing or performing the Work. E/A is not responsible for the CONTRACTOR's failure to perform or furnish the Work in accordance with the Contract Documents. Failure or omission of E/A to discover, or object to or condemn any defective Work or material shall not release the CONTRACTOR from the obligation to properly and fully perform the Work. 9.1.3 E/A is not responsible for the acts or omissions of the CONTRACTOR, or of any Subcontractor, any Supplier, or of any other person or organization performing or furnishing any of the Work. 9.1.4 If the OWNER so directs, E/A will review the final Application for Payment and accompanying documentation and all maintenance and operating instructions, schedules, guarantees, bonds and certificates of inspection,tests and approvals and other documentation required to be delivered by Article 14, but only to determine generally that their content complies with the requirements of, and in the case of certificates of inspections, tests and approvals that the results certified indicate compliance with, the Contract Documents, 9.1.5 The limitations upon authority and responsibility set forth in this paragraph 9.1 shall also apply to E/A's Consultants, Resident Project Representative and assistants. 9.2 E/A as Owner's Representative: 9.2.1 E/A may be designated as Owner's Representative under paragraph 8.1. 9.3 Visits to Site: If the OWNER so directs, E/A will make visits to the site at intervals appropriate to the various stages of construction as is necessary in order to observe as an experienced and qualified design professional the progress that has been made and the quality of the various aspects of the CONTRACTOR's executed Work. Based on information obtained during such visits and observations, E/A will endeavor for the benefit of the OWNER to determine if the Work is proceeding in accordance with the Contract Documents. E/A will not be required to make exhaustive or continuous on-site inspections to check the quality or quantity of the Work. E/A's efforts will be directed toward providing for the OWNER a greater degree of confidence that the completed Work will conform to the Contract Documents. On the basis of such visits and on-site observations, E/A will keep the OWNER informed of the progress of the Work and will endeavor to guard the OWNER against defective Work. E/A's visits and on-site observations are subject to all the limitations on E/A's authority and responsibility set forth in paragraph 9.1. 9.4 Project Representative: If the OWNER and E/A agree, E/A will furnish a Resident Project Representative to assist E/A in providing more continuous observation of the Work. The responsibilities and authority and limitations of any such Resident Project Representative and assistants will be as provided in paragraph 9.1 and in the Supplemental General Conditions. The OWNER may designate another representative or agent to represent the OWNER at the site who is not E/A, E/A's consultant, agent or employee. 9.5 Clarifications and Interpretations: E/A may determine that written clarifications or interpretations of the requirements of the Contract Documents (in the form of drawings or otherwise) are necessary. Such written clarifications or interpretations will be consistent with the intent of and reasonably inferable from the Contract Documents,will be issued with reasonable promptness by Owner's Representative and will be binding on the OWNER and the CONTRACTOR. If the OWNER or the 00700 04-2020 Page 26 General Conditions CONTRACTOR believes that a written clarification or interpretation justifies an adjustment in the Contract Amount or the Contract Times, the OWNER or the CONTRACTOR may make a Claim therefor as provided in Article 11 or Article 12. 9.6 Rejecting Defective Work: E/A may recommend that the OWNER disapprove or reject Work which E/A believes to be defective, or believes will not produce a completed Project that conforms to the Contract Documents or will prejudice the integrity of the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. ARTICLE 10 -CHANGES IN THE WORK 10.1 Changes: 10.1.1 Without invalidating the Contract and without notice to any surety, the OWNER, at any time or from time to time, may order additions, deletions or revisions in the Work. Such changes in the Work will be authorized by Change Order, Change Directive or Field Order. 10.1.2 Changes in the Work shall be performed under applicable provisions of the Contract Documents, and the CONTRACTOR shall proceed promptly, unless otherwise provided in the Change Order, Change Directive or Field Order. 10.1.3 The CONTRACTOR shall not be entitled to an increase in the Contract Amount or an extension of the Contract Times with respect to any Work performed that is not required by the Contract Documents as amended, modified and supplemented as provided in paragraph 3.3.1 and paragraph 3.3.2, except in the case of an emergency as provided in paragraph 6.11.5 or in the case of uncovering Work as provided in paragraph 13.4. 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. k 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 g 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. 's t. 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. 4 s 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. i 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. f 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: i .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 >l. .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 t 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. r ARTICLE 12 -CHANGE OF CONTRACT TIMES 12.1 Working Day and Calendar Day Contracts: 12.1.1 The Contract Times (or Milestones) shall only be changed by Change Order or Time Extension Request duly executed by both the CONTRACTOR and Owner's Representative. Any claim for an adjustment of the Contract Times(or Milestones)shall be made by Written Notice delivered by the party making the Claim to the other 00700 04-2020 Page 30 General Conditions party promptly (but in no event later than thirty (30) calendar days) after the start of the occurrence or event giving rise to the delay and stating the general nature of the delay. Notice of the extent of the delay with supporting data shall be delivered within thirty (30) calendar days after Written Notice of Claim is delivered by claimant, and shall represent that the adjustment claimed is the entire adjustment to which claimant is entitled as a result of said occurrence or event. If the OWNER and the CONTRACTOR cannot otherwise agree, all Claims for adjustment in the Contract Times (or Milestones) shall be determined as set out in Article 16. No Claim for an adjustment in the Contract Times (or Milestones) will be valid if not submitted in accordance with the requirements of this paragraph. 12.1.2 When the CONTRACTOR is at fault and the OWNER stops the Work so that corrections in the Work can be made by the CONTRACTOR, then no extension in time will be allowed. 12.1.3 When the CONTRACTOR is prevented from completing any part of the Work within the Contract Times (or Milestones) due to delay for which the CONTRACTOR is not responsible, an extension of the Contract Times (or Milestones) in an amount equal to the time lost due to such delay will be considered by OWNER. Any extension of the Contract Time shall be the CONTRACTOR's sole and exclusive remedy for such delay. However, adverse weather shall not be considered justification for extension of Contract Times on Calendar Day contracts, except as provided for in paragraph 12.2. 12.1.4 The OWNER will consider time extension requests and may grant the CONTRACTOR an extension of time because of: .1 Changes ordered in the Work which justify additional time. .2 Failure of materials or products being at the Project site due to delays in transportation or failures of Suppliers, for which the CONTRACTOR, a Subcontractor or a Supplier is not responsible. The request for an extension of time shall be supported by a recitation of acts demonstrating that such delays were beyond the control of the CONTRACTOR, a Subcontractor or a Supplier including but not limited to, the CONTRACTOR's, the Subcontractor's or the Supplier's efforts to overcome such delays documented as follows: a) Copy of purchase order for delayed item(s) indicating date ordered by the CONTRACTOR/Subcontractor and date purchase order received by Supplier. b) If item(s) require Shop Drawings or other submittal information in accordance with the Contract Documents, provide record of date submittal(s) forwarded to Owner's Representative, date submittal(s) returned to the CONTRACTOR, and date submittal(s)forwarded to Supplier. c) Copy of document(s) from Supplier, on Supplier's letterhead, indicating date(s) item(s) would be ready for shipment and/or actual shipment date(s). d) Copies of all correspondence between the CONTRACTOR/ Subcontractor and Supplier indicating the CONTRACTOR/ Subcontractor's efforts to expedite item(s). e) If item(s) are being purchased by a Subcontractor, provision of meeting notes, correspondence, and the like which reflect the CONTRACTOR's efforts with the Subcontractor to expedite delivery of the item(s). .3 When acts of the OWNER, E/A, utility owners or other contractors employed by the OWNER delay progress of work through no fault of the CONTRACTOR. .4 When the CONTRACTOR is delayed by strikes, lockouts, fires, losses from natural causes, or other unavoidable cause or causes beyond the CONTRACTOR's control. 12.2 Calendar Day Contracts: 00700 04-2020 Page 31 General Conditions Under a Calendar Day Contract, the CONTRACTOR may also be granted an extension of time because of unusual inclement weather that is beyond the normal weather expected for the Williamson and Travis Counties, Texas area. Normal weather which prevents the CONTRACTOR from performing Work is expected during a Calendar Day Contract, and is not a justification for an extension of time. The following delineates the number of days per month for which, for purposes of Calendar Day Contracts, expected normal weather will prevent performance of Work: January.......................... 7 days February........................ 7 days March............................. 7 days April............................... 7 days May................................ 8 days June................................ 6 days July................................. 6 days August........................... 5 days September..................... 7 days October.......................... 7 days November..................... 7 days December...................... 7 days Days per month exceeding the number shown above may be credited as Rain Days if a Claim is made in accordance with paragraph 12.1.1 and meets the following definition: a "Rain Day" is any day in which a weather event occurs at the site and is sufficient to prevent the CONTRACTOR from performing units of Work critical to maintaining the project schedule during the entire day. ARTICLE 13 -TESTS AND INSPECTIONS; AND CORRECTION OR REMOVAL OF DEFECTIVE WORK 13.1 Notice of Defects: Prompt notice of all defective Work of which the OWNER or E/A has actual knowledge will be given to the CONTRACTOR. All defective Work may be rejected or corrected as provided for in Article 13. 13.2 Access to Work: The OWNER, E/A, E/A's Consultants, other representatives and personnel of the OWNER, independent testing laboratories and governmental agencies having jurisdiction will have unrestricted physical access to the Work site for observing, inspecting and testing. The CONTRACTOR shall provide them proper and safe conditions for such access, and advise them of the CONTRACTOR's site safety procedures and programs so that they may comply therewith as applicable. 13.3 Tests and Inspections: 13.3.1 The CONTRACTOR shall give timely notice of readiness of the Work for all required inspections, tests or approvals, and shall cooperate with inspection and testing personnel to facilitate required inspections or tests. 13.3.2 The OWNER shall employ and pay for services of an independent testing laboratory to perform all inspections, tests or approvals required by the Contract Documents except: .1 for inspections, tests or approvals covered by paragraph 13.3.3 below; .2 for reinspecting or retesting defective Work, and .3 as otherwise specifically provided in the Contract Documents. All testing laboratories shall be those selected by the OWNER. 00700 04-2020 Page 32 General Conditions 13.3.3 If laws or regulations of any public body having jurisdiction require any Work (or part thereof) specifically to be inspected, tested or approved by an employee or other representative of such public body, the CONTRACTOR shall assume full responsibility for arranging and obtaining such inspections, tests or approvals, pay all costs in connection therewith and furnish Owner's Representative the required certificates of inspection or approval. The CONTRACTOR shall also be responsible for arranging and obtaining and shall pay all costs in connection with any inspections, tests or approvals required for the OWNER's and E/A's review of materials or equipment to be incorporated in the Work, or of materials, mix designs or equipment submitted for review prior to the CONTRACTOR's purchase thereof for incorporation in the Work 13.4 Uncovering Work: 13.4.1 If any Work (or the work of others) that is to be inspected, tested or approved is covered by the CONTRACTOR without concurrence of Owner's Representative, or if any Work is covered contrary to the written request of Owner's Representative, it must, if requested by Owner's Representative, be uncovered and recovered at the CONTRACTOR's expense. 13.4.2 If Owner's Representative considers it necessary or advisable that covered Work be observed, inspected or tested, the CONTRACTOR shall uncover, expose or otherwise make available for observation, inspection or testing that portion of the Work in question, furnishing all necessary labor, material and equipment. If it is found that such Work is defective, the CONTRACTOR shall pay all claims, costs, losses and damages caused by, arising out of or resulting from such uncovering, exposure, observation, inspection and testing and of satisfactory replacement or reconstruction (including but not limited to all costs of repair or replacement of work of others); and the OWNER shall be entitled to an appropriate decrease in the Contract Amount, and may make a Claim therefor as provided in Article 11. If, however, such Work is not found to be defective, the CONTRACTOR shall be allowed an increase in the Contract Amount or an extension of the Contract Times (or Milestones), or both, directly attributable to such uncovering, exposure, observation, inspection, testing, replacement and reconstruction, and the CONTRACTOR may make a Claim therefor as provided in Article 11 and Article 12. 13.5 OWNER May Stop the Work: 13.5.1 If the Work is defective, or the CONTRACTOR fails to supply sufficient skilled workers or suitable materials or equipment, or fails to furnish or perform the Work in such a way that the completed Work will conform to the Contract Documents, the OWNER may order the CONTRACTOR to stop the Work, or any portion thereof, until the cause for such order has been eliminated, however, this right of the OWNER to stop the Work shall not give rise to any duty on the part of the OWNER to exercise this right for the benefit of the CONTRACTOR or any surety or other Party. 13.5.2 If the CONTRACTOR fails to correct defective Work or submit a satisfactory plan to take corrective action, with procedure and time schedule, the OWNER may order the CONTRACTOR to stop the Work, or any portion thereof, until cause for such order has been eliminated, or take any other action permitted by this Contract. A notice to stop the Work, based on defects, shall not stop calendar or working days charged to the Project. 00700 04-2020 Page 33 General Conditions 13.6 Correction or Removal of Defective Work: If required by the OWNER,the CONTRACTOR shall promptly,as directed,either correct all defective Work,whether or not fabricated, installed or completed, or, if the Work has been rejected by Owner's Representative, remove it from the site and replace it with Work that is not defective. The CONTRACTOR shall correct or remove and replace defective Work, or submit a plan of action detailing how the deficiency will be corrected, within the time frame identified in the notice of defective Work. The CONTRACTOR shall pay all claims, costs, losses and damages caused by or resulting from such correction or removal (including but not limited to all costs of repair or replacement of work of others), including but not limited to all consultant, engineering, expert and attorney's fees incurred by the OWNER as a result of such defective work or as necessary for OWNER to investigate such defective Work and/or to determine the appropriate means or methods to address or correct such defective Work. The OWNER shall have the right, in OWNER's sole discretion, to have the E/A or other consultant specify the means and methods that will be followed to correct or address any defective Work. If the OWNER specifies a means or method by which the defective Work will be addressed or corrected, the CONTRACTOR shall perform the specified work necessary to address or correct the defective Work at CONTRACTOR's sole cost and expense. 13.7 Warranty period: 13.7.1 If, at any time after the date of Substantial Completion or such longer period of time as may be prescribed by laws or regulations or by the terms of any applicable special guarantee required by the Contract Documents or by any specific provision of the Contract Documents, any Work is found to be defective, the CONTRACTOR shall promptly, without cost to the OWNER and in accordance with the OWNER's written instructions: i (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 t such deficiency. If, in the opinion of Owner's Representative, significant progress has not been made during this seven (7)calendar day period to correct the deficiency,the OWNER may exercise any actions necessary to remedy the deficiency. In exercising the rights and remedies under this paragraph,the OWNER shall proceed expeditiously. In connection with such corrective and remedial action, the OWNER may exclude the CONTRACTOR from all or part of the site, take possession of all or part of the Work, and suspend the CONTRACTOR's services related thereto, and incorporate in the Work all materials and equipment stored at the site or for which the OWNER has paid the CONTRACTOR but which are stored elsewhere. The CONTRACTOR shall allow the OWNER, its agents and employees,the OWNER's other contractors, E/A and E/A's consultants access to the site to enable the OWNER to exercise the rights and remedies under this paragraph. All claims, costs, losses and damages incurred or sustained by the OWNER in exercising such rights and remedies will be charged against the CONTRACTOR and a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the 00700 04-2020 Page 34 General Conditions Work. Such claims, costs, losses and damages will include but not be limited to all costs of repair or replacement of work of others destroyed or damaged by correction, removal or replacement of the CONTRACTOR's defective Work and any and all consultant, expert and attorneys fees incurred by OWNER as a result of OWNER's correction of defective WORK. The CONTRACTOR shall not be allowed an extension of the Contract Times (or Milestones), or claims of damage because of any delay in the performance of the Work attributable to the exercise by the OWNER of the OWNER's rights and remedies hereunder. 13.9 ACCEPTANCE OF DEFECTIVE WORK If, instead of requiring correction or removal and replacement of defective Work, OWNER prefers to accept it, OWNER may do so. CONTRACTOR shall pay all claims, costs, losses, and damages attributable to OWNER's evaluation of and determination to accept such defective Work, including but not limited to any expert, engineering or other consultant's fees incurred by the OWNER to investigate such defective Work and/or to determine the appropriate means or methods and work necessary to allow OWNER to accept the defective Work and CONTRACTOR shall pay for all work required to be performed to allow OWNER to accept the defective Work and any estimated costs, expenses and damages OWNER may sustain in the future as a result of accepting the defective Work, including any diminution in value of the Project as a result of accepting the defective Work. If any such acceptance occurs prior to final payment, the necessary revisions in the Contract Documents with respect to the Work shall be incorporated in a Change Order. If the parties are unable to agree as to the decrease in the Contract Price, then OWNER may impose a reasonable set-off against payments due under the Contract Documents. If the acceptance of defective Work occurs after final payment, CONTRACTOR shall pay to OWNER the above described costs, expenses and damages incurred by OWNER as a result of OWNER's acceptance of defective Work. ARTICLE 14 -PAYMENTS TO CONTRACTOR AND COMPLETION 14.1 Application for Progress Payment: 14.1.1 Not more than once per month, the CONTRACTOR shall submit to Owner's Representative for review an Application for Payment, in a form acceptable to the OWNER, filled out and signed by the CONTRACTOR covering the Work completed as of the date of the Application and accompanied by such supporting documentation as is required by the Contract Documents or as required by OWNER. 14.1.2 Such applications shall not include requests for payment on account of changes in the Work which have been properly authorized by Change Directives but not yet included in Change Orders. 14.1.3 Such applications shall not include requests for payment of amounts the CONTRACTOR does not intend to pay to a Subcontractor or Supplier because of a dispute or other reason. 14.1.4 Owner will not pay for materials or equipment not incorporated in the Work but delivered and suitably stored at the site or at another location. Payment will be made by Owner only for Work completed in accordance with the Contract Documents. 14.1.5 Where the original Contract Amount is less than $400,000, the OWNER will pay to the CONTRACTOR the total amount of approved Application for Payment, less ten percent (10%) of the amount thereof, which ten percent (10%)will be retained until final payment, less all previous payments and less all sums that may be retained by the OWNER under the terms of this Agreement. Where the original Contract Amount is$400,000 or more, the OWNER will pay to the CONTRACTOR the total amount of approved Application for Payment, less five percent (5%) of the amount thereof, which five percent (5%)will be retained until final payment, less all previous payments and less all sums that may be retained by the OWNER under the terms of this Agreement. In either case, if the Work is near completion and delay occurs due to no fault or neglect of the CONTRACTOR, the OWNER may pay a portion of the retained amount to the CONTRACTOR. The CONTRACTOR, at the OWNER's option, may be relieved of the obligation to complete the Work and, thereupon, the CONTRACTOR shall receive payment of the balance due under the Contract subject to the conditions stated under paragraph 15.2. 00700 04-2020 Page 35 General Conditions 14.1.6 Applications for Payment shall include the following documentation: .1 updated progress schedule, .2 monthly subcontractor report: and .3 any other documentation required under the Supplemental General Conditions. 14.2 CONTRACTOR's Warranty of Title: The CONTRACTOR warrants and guarantees that title to all Work, materials and equipment covered by any Application for Payment, whether incorporated in the Project or not, will pass to the OWNER not later than the time of payment to the CONTRACTOR free and clear of all liens. 14.3 Review of Applications for Progress Payment: 14.3.1 Owner's Representative will, within seven (7) calendar days after receipt of each Application for Payment,. either indicate a recommendation for payment and forward the Application for processing by the OWNER, or return the Application to the CONTRACTOR indicating Owner's Representative's reasons for refusing to recommend payment. In the latter case,the CONTRACTOR may make the necessary corrections and resubmit the Application. 14.3.2 Owner's Representative's recommendation of any payment requested in an Application for Payment will constitute a representation by Owner's Representative, based upon Owner's Representative's on-site observations of the executed Work and on Owner's Representative's review of the Application for Payment and the accompanying data and schedules, that to the best of Owner's Representative's knowledge, information and belief: .1 the Work has progressed to the point indicated, and .2 the quality of the Work is in accordance with the Contract Documents (subject to an evaluation of the Work as a functioning whole prior to or upon Substantial Completion, to the results of any subsequent tests called for in the Contract Documents, to a final determination of quantities and classifications for unit price Work, and to any other qualifications stated in the recommendation). 14.3.3 By recommending any such payment, Owner's Representative will not thereby be deemed to have represented that: .1 inspections have been made to check the quality or the quantity of the Work or that the Work has been performed in accordance with the Contract Documents; .2 examination has been made to ascertain how or for what purpose the CONTRACTOR has used money previously paid on account of the Contract Amount; .3 the CONTRACTOR's construction means, methods, techniques, sequences or procedures have been reviewed, or .4 that there may not be other matters or issues between the parties that might entitle the CONTRACTOR to be paid additionally by the OWNER or entitle the OWNER to withhold payment to the CONTRACTOR. 14.4 Decisions to Withhold Payment: 14.4.1 The OWNER may withhold or nullify the whole or part of any payment to such extent as may be necessary on account of: .1 defective Work not remedied, 00700 04-2020 Page 36 General Conditions .2 reasonable evidence that the Work cannot be completed for the unpaid balance of the Contract Amount, .3 damage to the OWNER or another contractor, .4 reasonable evidence that the Work will not be completed within the Contract Time, and that the unpaid balance would not be adequate to cover actual or liquidated damages for the anticipated delay; .5 failure of the CONTRACTOR to submit a schedule of values in accordance with the Contract Documents, .6 failure of the CONTRACTOR to submit a submittal schedule in accordance with the Contract Documents, .7 failure of the CONTRACTOR to submit or update construction schedules in accordance with the Contract Documents, .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 f Representative will make a final inspection with the CONTRACTOR and provide Written Notice of all particulars in which this inspection reveals that the Work is incomplete or defective. The CONTRACTOR shall immediately take such measures as are necessary to complete such Work or remedy such deficiencies. 14.10 Final Application for Payment: The CONTRACTOR may make application for final payment following the procedure for progress payments after the CONTRACTOR has completed all such corrections to the satisfaction of Owner's Representative and delivered the following documents: .1 Three (3) complete operating and maintenance manuals, each containing maintenance and operating instructions, schedules, guarantees, and other documentation required by the Contract Documents, .2 Record documents (as provided in paragraph 6.10), .3 Consent of surety, if any, to final payment. If surety is not provided, complete and legally effective releases or waivers (satisfactory to the OWNER) of all claims arising out of or filed in connection with the Work, 00700 04-2020 Page 38 General Conditions .4 Certificate evidencing that insurance required by the Supplemental General Conditions will remain in force after final payment and through any warranty period, .5 Non-Use of Asbestos Affidavit (After Construction), and .6 Any other documentation called for in the Contract Documents 14.11 Final Payment and Acceptance: 14.11.1 If, on the basis of observation of the Work during construction, final inspection, and review of the final Application for Payment and accompanying documentation as required by the Contract Documents, Owner's Representative is satisfied that the Work has been completed and the CONTRACTOR's other obligations under the Contract Documents have been fulfilled, Owner's Representative will recommend the final Application for Payment and thereby notify the OWNER. If the OWNER agrees with the recommendation of the Owner's Representative. the OWNER will pay to the CONTRACTOR the balance due the CONTRACTOR under the terms of the Contract. 14.11.2 As Contract Time is measured to Final Completion, Owner's Representative will issue a letter of final acceptance to the CONTRACTOR which establishes the Final Completion date and initiates any warranty period. 14.11.3 Final payment is considered to have taken place when the CONTRACTOR or any of its representatives negotiates the OWNER's final payment check, whether labeled final or not, for cash or deposits check in any financial institution for its monetary return. 14.12 Waiver of Claims: The making and acceptance of final payment will constitute: .1 a waiver of claims by the OWNER against the CONTRACTOR, except claims arising from unsettled claims, from defective Work appearing after final inspection, from failure to comply with the Contract Documents or the terms of any warranty specified therein, or from the CONTRACTOR's continuing obligations under the Contract Documents; and .2 a waiver of all claims by the CONTRACTOR against the OWNER other than those previously made in writing and still unsettled. ARTICLE 15 -SUSPENSION OF WORK AND TERMINATION 15.1 OWNER May Suspend Work Without Cause and for Convenience: At any time and without cause and for convenience, the OWNER may suspend the Work or any portion thereof for a period of not more than ninety(90)calendar days by written agreement or by Written Notice to the CONTRACTOR which will fix the date on which the Work will be resumed. The CONTRACTOR shall resume the Work on the date so fixed. The CONTRACTOR may be allowed an adjustment in the Contract Amount or an extension of the Contract Times, or both,directly attributable to any such suspension if the CONTRACTOR makes an approved Claim therefor as provided in Article 11 and Article 12. 15.2 OWNER May Terminate Without Cause: Upon seven (7) calendar days' Written Notice to the CONTRACTOR, the OWNER may, without cause and without prejudice to any right or remedy of the OWNER, elect to terminate the Agreement. In such case, the CONTRACTOR shall be paid (without duplication of any items): .1 for completed and acceptable Work executed in accordance with the Contract Documents prior to the effective date of termination, 00700 04-2020 Page 39 General Conditions .2 for all claims incurred in settlement of terminated contracts with Suppliers. Subcontractors. and others. The CONTRACTOR agrees to negotiate in good faith with Subcontractors, Suppliers and others to mitigate the OWNER's cost CONTRACTOR shall include in any subcontract or purchase order language that provides that if the Agreement is terminated without cause, the Subcontractor and Suppliers will only be paid for work performed or materials and equipment supplied and shall not have any other claims against CONTRACTOR or OWNER, CONTRACTOR shall not be paid for any profit or overhead for Work not completed. 15.3 OWNER May Terminate With Cause: 15.3.1 Upon the occurrence of any one or more of the following events .1 if the CONTRACTOR persistently fails to perform the Work in accordance with the Contract Documents, .2 if the CONTRACTOR disregards laws or regulations of any public body having jurisdiction, .3 if the CONTRACTOR disregards the authority of Owner's Representative; .4 if the CONTRACTOR makes fraudulent statements, .5 if the CONTRACTOR fails to maintain a work force adequate to accomplish the Work within the Contract Time; .6 if the CONTRACTOR fails to make adequate progress and endangers successful completion of the Contract, or .7 if the CONTRACTOR otherwise violates any provisions of the Contract Documents, The OWNER may, after giving the CONTRACTOR (and the surety, if any) seven (7) calendar days' Written Notice terminate the services of the CONTRACTOR. The OWNER, at its option, may proceed with negotiation with surety for completion of the Work. Alternatively, the OWNER may under these circumstances exclude the CONTRACTOR from the site and take possession of the Work (without liability to the CONTRACTOR for trespass or conversion), incorporate in the Work all materials and equipment stored at the site or for which the OWNER has paid the CONTRACTOR but which are stored elsewhere, and finish the Work as the OWNER may deem expedient. In such case the CONTRACTOR shall not be entitled to receive any further payment until the Work is finished. If the unpaid balance of the Contract Amount exceeds all claims, costs, losses and damages sustained by the OWNER arising out of or resulting from completing the Work, such excess will be paid to the CONTRACTOR. If such claims, costs, losses and damage exceed such unpaid balance, the CONTRACTOR or surety shall pay the difference to the OWNER. 15.3.2 Where the CONTRACTOR's services have been so terminated by the OWNER, the termination will not affect any rights or remedies of the OWNER against the CONTRACTOR and surety then existing or which may thereafter accrue. Any retention or payment of amounts due the CONTRACTOR by the OWNER will not release the CONTRACTOR from liability. In the event the OWNER terminates the Contract with cause, the OWNER may reject any and all bids submitted by the CONTRACTOR for up to three (3)years. 00700 04-2020 Page 40 General Conditions 15.4 CONTRACTOR May Stop Work or Terminate: If through no act or fault of the CONTRACTOR, the Work is suspended for a period of more than ninety(90)calendar days by the OWNER or under an order of court or other public authority. or (except during disputes) Owner's Representative fails to forward for processing any mutually acceptable Application for Payment within thirty (30) calendar days after it is submitted, or(except during disputes)the OWNER fails for sixty (60) calendar days after it is submitted to pay the CONTRACTOR any sum finally determined by the OWNER to be due, then the CONTRACTOR may, upon seven (7)calendar days'Written Notice to the OWNER, and provided the OWNER does not remedy such suspension or failure within that time, terminate the Agreement and recover from the OWNER payment on the same terms as provided in paragraph 15.2. In lieu of terminating the Agreement and without prejudice to any other right or remedy, if(except during disputes) Owner's Representative has failed to forward for processing any mutually acceptable Application for Payment within thirty (30) calendar days after it is submitted, or (except during disputes) the OWNER has failed for sixty (60) calendar days after it is submitted to pay the CONTRACTOR any sum finally determined by the OWNER to be due, the CONTRACTOR may upon seven (7) calendar days' Written Notice to the OWNER stop the Work until payment of all such amounts due the CONTRACTOR, including interest thereon. The provisions of this paragraph 15.4 are not intended to preclude the CONTRACTOR from making a Claim under Article 11 and Article 12 for an increase in Contract Amount or Contract Times or otherwise for expenses or damage directly attributable to the CONTRACTOR's stopping Work as permitted by this paragraph. ARTICLE 16 - DISPUTE RESOLUTION 16.1 Filing of Claims: 16.1.1 Claims arising from the circumstances identified in paragraphs 3.2, 4.1, 4.2.2, 4.2.4, 6.4.2, 6.11.5.2, 6.17, 7.5, 8.6, 9.5, 10.4.2, 13.8, 15.1, 15.2, 15.3, or 15.4, or other occurrences or events, shall be made by Written Notice delivered by the party making the Claim to the other party within thirty (30) calendar days after the start of the occurrence or event giving rise to the Claim and stating the general nature of the Claim. Notice of the amount of the Claim with supporting data shall be delivered within thirty (30) calendar days after Written Notice of Claim is delivered by claimant and shall represent that the adjustment claimed covers all known amounts to which claimant is entitled. 16.1.2 Within thirty(30)calendar days of receipt of notice of the amount of the Claim with supporting data, Owner's Representative and the CONTRACTOR shall meet to discuss the Claim, after which an offer of settlement or notification of no settlement offer will be made to claimant. If claimant is not satisfied with the proposal presented, claimant shall have thirty (30) calendar days in which to .1 submit additional supporting data requested by the other party, .2 modify the initial Claim; or .3 request Alternative Dispute Resolution. 16.2 Alternative Dispute Resolution: 16.2.1 If a dispute exists concerning a Claim, the parties agree to use the following procedure prior to pursuing any other available remedies. The OWNER reserves the right to include E/A as a party. 16.2.2 Negotiating with Previously Uninvolved Personnel Either party may make a written request for a meeting to be held between representatives of each party within fourteen (14) calendar days of the request or such later period that the parties may agree to. Each party shall endeavor to include, at a minimum, one (1) previously uninvolved senior level decision maker empowered to negotiate on behalf of their organization. The purpose of this and subsequent meetings will be good faith negotiations of the matters constituting the dispute. Negotiations shall be concluded within thirty (30)calendar days of the first meeting, unless mutually agreed otherwise. This step may 00700 04-2020 Page 41 General Conditions be waived by written agreement of both parties. in which event the parties may proceed directly to mediation as described below 16.2.3 Mediation 16.2.3.1 If the procedure described in paragraph 16.2.2 proves unsuccessful or is waived pursuant to its terms, the parties shall initiate the mediation process. The parties agree to select within thirty (30) calendar days one (1) mediator trained in mediation skills, to assist with resolution of the dispute. The OWNER and the CONTRACTOR agree to act in good faith in the selection of the mediator and to give consideration to qualified individuals nominated to act as mediator. Nothing in this agreement prevents the parties from relying on the skills of a person who also is trained in the subject matter of the dispute and/or a contract interpretation expert. 16.2.3.2 Mediation is a forum in which an impartial person, the mediator, facilitates communication between parties to promote reconciliation, settlement, or understanding among them. The parties hereby agree that mediation, at a minimum, shall provide for 1) conducting an on-site investigation, if appropriate, by the mediator for fact-gathering purposes, 2) a meeting of all parties for the exchange of points of view and 3) separate meetings between the mediator and each party to the dispute for the formulation of resolution alternatives. The parties agree to participate in mediation in good faith for up to thirty(30)calendar days from the date of the first mediation session, unless mutually agreed otherwise. Should the parties fail to reach a resolution of the dispute through mediation, then each party is released to pursue other remedies available to them. ARTICLE 17— RIGHT TO AUDIT 17.1 Right to Audit: Whenever the OWNER enters into any type of contractual arrangement with the CONTRACTOR, then the CONTRACTOR's "records" shall upon reasonable notice be open to inspection and subject to audit and/or reproduction during normal business working hours. The OWNER's representative, or an outside representative engaged by the OWNER, may perform such audits. The CONTRACTOR shall maintain all records relating to this Agreement for four (4) years from the date of final payment under this Agreement, or until pending litigation has been completely and fully resolved, whichever occurs later. 17.1.1 The OWNER shall have the exclusive right to examine the records of the CONTRACTOR. The term "records"as referred to herein shall include any and all information, materials and data of every kind and character, including without limitation records, books, papers, documents, contracts, schedules, commitments, arrangements, notes, daily diaries, reports, drawings, receipts, vouchers and memoranda, and any and all other agreements, sources of information and matters that may, in the OWNER's judgment, have any bearing on or pertain to any matters, rights, duties or obligations under or covered by any contract document. Such records shall include (hard copy, as well as computer-readable data if it can be made available), written policies and procedures, time sheets, payroll registers, cancelled checks, personnel file data, correspondence, general ledger entries, and any other record in the CONTRACTOR's possession which may have a bearing on matters of interest to the OWNER in connection with the CONTRACTOR's dealings with the OWNER (all of the foregoing are hereinafter referred to as "records"). In addition, the CONTRACTOR shall permit interviews of employees as well as agents, representatives, vendors, subcontractors and other third parties paid by the CONTRACTOR to the extent necessary to adequately permit evaluation and verification of the following: a) The CONTRACTOR's compliance with contract requirements: b) The CONTRACTOR's compliance with the OWNER'S business ethics policies; and c) If necessary, the extent of the Work performed by the CONTRACTOR at the time of contract termination. 17.1.2 The CONTRACTOR shall require all payees(examples of payees include subcontractors, insurance agents, material suppliers, etc.) to comply with the provisions of this Article 17 by securing the requirements hereof in a 00700 04-2020 Page 42 General Conditions written agreement between the CONTRACTOR and payee. Such requirements include a flow-down right of audit provision in contracts with payees that also apply to subcontractors and sub-subcontractors, material suppliers, etc. The CONTRACTOR shall cooperate fully and shall require Related Parties and all of the CONTRACTOR's subcontractors to cooperate fully in furnishing or in making available to the OWNER from time to time whenever requested, in an expeditious manner, any and all such information, materials, and data. 17.1.3 The OWNER's authorized representative or designee shall have reasonable access to the CONTRACTOR's facilities, shall be allowed to interview all current or former employees to discuss matters pertinent to the performance of this Agreement, and shall be provided adequate and appropriate work space in order to conduct audits in compliance with this Article 17. 17.1.4 If an audit inspection or examination in accordance with this Article 17 discloses overpricing or overcharges of any nature by the CONTRACTOR to the OWNER in excess of one-half of one percent (.5%) of the total contract billings, then the reasonable actual cost of the OWNER's audit shall be reimbursed to the OWNER by the CONTRACTOR. Any adjustments and/or payments,which must be made as a result of any such audit or inspection of the CONTRACTOR's invoices and/or records, shall be made within a reasonable amount of time (not to exceed 90 days) from presentation of the OWNER's findings to the CONTRACTOR. 17.1.5 The CONTRACTOR shall take reasonable actions to prevent any actions or conditions which could result in a conflict with the OWNER's best interests. These obligations shall apply to the activities of the CONTRACTOR's employees, agents, subcontractors, etc. in their dealings and relations with the OWNER's current and former employees and their relatives. For example, the CONTRACTOR's employees, agents or subcontractors should not make or provide to be made any employment, gifts, extravagant entertainment, payments, loans or other considerations to the OWNER's representatives, employees or their relatives. 17.1.6 It is also understood and agreed by the CONTRACTOR that any solicitation of gifts or any other item of value by anyone representing the OWNER is to be reported within two (2) business working days to the OWNER at the following telephone number: 512-218-5401. Failure to report any such solicitations or offers shall be deemed a material breach of contract entitling the OWNER to pursue damages resulting from the failure to comply with this provision. ARTICLE 18—MISCELLANEOUS 18.1 Venue: In the event of any suit at law or in equity involving the Contract, venue shall be in Williamson County, Texas and the laws of the state of Texas shall apply to Contract interpretation and enforcement. 18.2 Extent of Agreement: This Contract represents the entire and integrated agreement between the OWNER and the CONTRACTOR and supersedes all prior negotiations, representations or agreements, either written or oral. 18.3 Cumulative Remedies: The rights and remedies available to the parties are not to be construed in any way as a limitation of any rights and remedies available to any or all of them which are otherwise imposed or available by laws or regulations, by special warranty or guarantees or by other provisions of the Contract Documents, and the provisions of this paragraph will be as effective as if repeated specifically in the Contract Documents in connection with each particular duty, obligation, right and remedy to which they apply. 00700 04-2020 Page 43 General Conditions 18.4 Severability: If any word, phrase, clause, sentence or provision of the Contract, or the application of same to any person or set of circumstances is for any reason held to be unconstitutional, invalid or unenforceable, that finding shall only effect such word, phrase, clause, sentence or provision, and such finding shall not effect the remaining portions of this Contract; this being the intent of the parties in entering into the Contract, and all provisions of the Contract are declared to be severable for this purpose. 18.5 Independent Contractor The Contract shall not be construed as creating an employer/employee relationship,a partnership, or a joint venture. The CONTRACTOR's services shall be those of an independent contractor. The CONTRACTOR agrees and understands that the Contract does not grant any rights or privileges established for employees of the OWNER. 18.6 Prohibition of Gratuities The OWNER may, by Written Notice to the CONTRACTOR, terminate the Contract without liability if is determined by the OWNER that gratuities were offered or given by the CONTRACTOR or any agent or representative of the CONTRACTOR to any officer or employee of the OWNER with a view toward securing the Contract or securing favorable treatment with respect to the awarding or amending or the making of any determinations with respect to the performing of such Contract. In the event the Contract is terminated by the OWNER pursuant to this provision, the OWNER shall be entitled, in addition to any other rights and remedies, to recover or withhold the amount of the cost incurred by the CONTRACTOR in providing such gratuities. 18.7 Prohibition Against Personal Interest in Contracts No officer, employee, independent consultant, or elected official of the OWNER who is involved in the development, evaluation, or decision-making process of the performance of any solicitation shall have a financial interest, direct or indirect, in the Contract resulting from that solicitation. Any violation of this provision, with the knowledge, expressed or implied, of the CONTRACTOR shall render the Contract voidable by the OWNER. End of General Conditions 00700 04-2020 Page 44 General Conditions 00800 SUPPLEMENTAL GENERAL CONDITIONS City of Round Rock Contract Forms Supplemental General Conditions Section 00800 SUPPLEMENTAL GENERAL CONDITIONS TO AGREEMENT FOR CONSTRUCTION SERVICES The Supplemental General Conditions contained herein shall amend or supplement the General Conditions, Section 00700. ARTICLE 1 - DEFINITIONS 1.16 Engineer/Architect (E/A). Add the following Name (Representative): Katie Baker , PLA Firm: City of Round Rock Address: 301 West Bagdad St. Suite, 250 City, State, Zip: Round Rock, Texas, 78664 Telephone: 512.218.5545 Facsimile: Email: kbaker(,-4roundrocktexas.t;0V 1.27 Owner's Representative: Add the following: Name: Katie Baker. PLA Title: Proiect Managrer Address: 301 West Bagdad St. Suite, 250 City, State, Zip: Round Rock, Texas. 78664 Telephone: .5 l 2.218.5545 Facsimile: Email: kbaker(c4roundrocktexas.gov ARTICLE 6 -CONTRACTOR'S RESPONSIBILITIES 6.18 Liquidated Damages Add the following: 1. CONTRACTOR SHALL PAY LIQUIDATED DAMAGES IN THE AMOUNT OF tiro hundred fifty dollars AND NO/100 DOLLARS $250.00 PER DAY FOR EACH DAY BEYOND THE DATE ESTABLISHED THEREFOR THAT THE CONTRACTOR FAILS TO ACHIEVE SUBSTANTIAL COMPLETION, AND FOR WHICH OWNER IS UNABLE TO UTILIZE THE IMPROVEMENTS AND FACILITIES DUE TO THE FAILURE OF CONTRACTOR TO HAVE ACHIEVED SUBSTANTIAL COMPLETION IN ACCORDANCE WITH THE CONTRACT. END OF SUPPLEMENTAL GENERAL CONDITIONS I'a�r I 00800 10-2015 Supplemental General Conditions 00090669 00900 SPECIAL CONDITIONS SECTION 01-INFORMATION 01-01 COPIES OF PLANS AND SPECIFICATIONS FURNISHED The Agreement will be prepared in not less than two (2) (original signed) sets. The OWNER will furnish to the CONTRACTOR one (1) copy of conforming Contract Documents and Specifications unless otherwise requested. 01-02 GOVERNING CODES All construction as provided for under the Contract Documents shall be governed by any existing Resolutions,Codes and Ordinances, and any subsequent amendments or revisions thereto as set forth by the OWNER. 01-03 LOCATION The location of work shall be as set forth in the Notice to Bidders and as indicated in the Contract Documents. 01-04 USAGE OF WATER All water used during construction shall be provided by the OWNER and shall be metered. The OWNER shall specify the location from which the CONTRACTOR is to procure water.The CONTRACTOR shall be responsible for obtaining a bulk water permit from the OWNER and providing all apparatus necessary for procuring,storing, transporting and using water during construction. The CONTRACTOR shall strive to use no more water than reasonable to perform the work associated with this Contract and shall avoid waste. The CONTRACTOR will be required to pay for all water used if it is found that waste is occurring during construction. SECTION 02-SPECIAL CONSIDERATIONS 02-01 CROSSING UTILITIES Prior to commencing the Work associated with this Contract, it shall be the CONTRACTOR's responsibility to make arrangements with the owners of utility companies to uncover their particular utility lines or otherwise confirm their location. Certain utility companies perform such services at their own expense,however,where such is not the case, the CONTRACTOR will cause such work to be done at his own expense. 02-02 UTILITY SERVICES FOR CONSTRUCTION The CONTRACTOR will be responsible for providing its own utility services while performing the Work associated with this Contract. Provision of said utility services shall be subsidiary to the various bid items and no additional payment will be made for this item. 00900-4-2020 Page I Special Conditions 00443643 L t 02-03 WAGE RATES Wage Rates(Information From Chapter 2258,Texas Government Code Title 10) 2288.021.Duty of Government Entity to Pay Prevailing Wage Rates a. The State or any political subdivision of the State shall pay a worker employed by it or on behalf of it: (1) not less than the general prevailing rate of per diem wages for work of a similar character in the locality in which the work is performed; and (2) not less than the general prevailing rate of per diem wages for legal holiday and overtime work. b. Subsection(a)does not apply to maintenance work. C. A worker is employed on a public work for the purposes of this section if a Contractor or Subcontractor in the execution of a contract for the public work with the State,a political subdivision of the State or any officer or public body of the State or a political subdivision of the State,employs the worker. 2258.023. Prevailing Wage Rates to be Paid by Contractor and Subcontractor; Penalty a. The contractor who is awarded a contract by a public body, or a Subcontractor of the Contractor, shall pay not less than the rates determined under Section 2258.022 to a worker employed by it in the execution of the contract. b. A Contractor or Subcontractor who violates this section shall pay to the state or a political subdivision of the state on whose behalf the contract is made,$60 for each worker employed for each calendar day or part of the day that the worker is paid less than the wage rates stipulated in the contract.A public body awarding a contract shall specify this penalty in the contract. C. A contractor or subcontractor does not violate this section if a public body awarding a contract does not determine the prevailing wage rates, and specify the rates in the contract as provided by Section 2258.022. d. The public body shall use any money collected under this section to offset the costs incurred in the administration of this chapter. e. A municipality is entitled to collect a penalty under this section only if the municipality has a population of more than 10,000. 00900-4-2020 Page 2 Special Conditions 00443643 2258.051. Duty of Public Body to Hear Complaints and Withhold Payment A public body awarding a contract,and an agent or officer of the public body, shall: 1. take cognizance of complaints of all violations of this chapter committed in the _ execution of the contract; and 2. withhold money forfeited or required to be withheld under this Chapter from the payments to the Contractor under the contract, except that the public body may not withhold money from other than the final payment without determination by the public body that there is good cause to believe that the Contractor has violated this chapter. Applicable wage rates to be used in Williamson and/or Travis County may be obtained from the U.S. Department of Labor website at the following web addresses: Construction Types: Heavy (Sewer/Water Treating Plant and Sewer/Incidental to Highway) http://www.wdol.gov/wdol/scafiles/ciavist)acon/TX33.dvb?v=0 Construction Types: Heavy and Highway http://www.wdol.gov/wdol/scafiles/davisbacon/TX 16.dvb?v=0 Construction Type: Building http://www.wdol.gov/wdol/scafiles/davisbacon/TX76.dvb?v=1 02-04 LIMIT OF FINANCIAL RESOURCES The OWNER has a limited amount of financial resources committed to this Project; therefore, it shall be understood by all bidders that the OWNER may be required to change and/or delete any items which it may feel is necessary to accomplish all or part of the scope of work within its limit of financial resources. CONTRACTOR shall be entitled to no claim for damages or anticipated profits on any portion of work that may be omitted. At any time during the duration of this contract, the OWNER reserves the right to omit any work from this contract. Unit prices for all items previously approved in this contract shall be used to delete or add work per change order. 02-05 LIMITS OF WORK AND PAYMENT It shall be the obligation of the CONTRACTOR to complete all work included in this Contract, so authorized by the OWNER, as described in the contract documents and technical specifications. All items of work not specifically paid for in the bid proposal shall be included in the unit price bids. Any question arising as to the limits of work shall be left up to the interpretation of the E/A. 00900-4-2020 Page 3 Special Conditions 00443643 02-06 LAND FOR WORK OWNER provides, as indicated on Drawings, land upon which work is to be done, right-of-way for access to same and such other lands that are designated for the use of the CONTRACTOR.CONTRACTOR provides,at his expense and without liability of OWNER, any additional land and access thereto that may be required for his construction operations,temporary construction facilities, or for storage of materials. 02-07 DEVIATIONS OCCASIONED BY UTILITY STRUCTURES Whenever existing utilities, not indicated on the Drawings, present obstructions to grade and alignment of proposed improvements immediately notify engineer, who without delay, will determine if existing utilities are to be relocated, or grade and alignment of proposed improvements changed. Where necessary to move existing utilities and appurtenances as determined by the E/A, the E/A and CONTRACTOR ' will make relocation arrangements with the utility owner. The OWNER will not be liable for delay costs or damages due to relocations of utilities which hinder progress of the work. 02-08 CONSTRUCTION STAKING All construction staking required to complete the work associated with this contract shall be provided by the CONTRACTOR. The CONTRACTOR shall be responsible for determining the layout and extent of staking necessary to construct the improvements to the lines and grades shown in the Drawings and such staking shall be satisfactory to the E/A. The CONTRACTOR shall consult with the E/A and Owners Representative in the field for assistance as necessary. Sufficient staking materials and equipment shall be provided by the CONTRACTOR including but not limited to:paint, flagging, laths,hubs,blue tops,nails,hammers,measuring chains or tapes,transits and levels. The CONTRACTOR shall be responsible for setting and marking control and off-set points for measuring distances and angles,for shooting levels,and for any other items pertaining to construction staking. This item shall not be paid for separately and shall be considered subsidiary to other bid items. 00900-4-2020 Page 4 Special Conditions 00443643 SECTION 03-ACCESS AND TRAFFIC CONTROL Access shall be provided for the public and emergency vehicles at all possible times. When it becomes necessary to restrict access, the CONTRACTOR shall notify the OWNER and coordinate with the OWNER, all applicable agencies (i.e. Fire Department, E.M.S., Public Works,etc.),residents,and affected parties. If emergency access is required during the work and such access is being hindered by the work, the CONTRACTOR will suspend the work if necessary,and otherwise endeavor to assist emergency personnel in accessing a location restricted by the work. Unless otherwise approved by the E/A, at the end of each day all lanes of traffic shall be opened to the public. The CONTRACTOR shall ensure compliance at all times with the accepted Traffic Control Plan for the project and shall be responsible for all maintenance, signing and safety precautions necessary for traffic control. These items shall be included in the bid item Traffic Control. ` 00900-4-2020 Page 5 Special Conditions 00443643 01000 TECHNICAL SPECIFICATIONS ITEM 1 GENERAL DESCRIPTION 1.01 SCOPE OF WORK The Work covered by these Specifications consists of furnishing all labor, equipment, appliances, materials and performing all operations in connection with the inspection and testing, complete in accordance with the Plans, and subject to the terms and conditions of the Contract Documents. 1.02 GOVERNING TECHNICAL SPECIFICATIONS STREET, WATER, SEWER AND DRAINAGE IMPROVEMENTS The Round Rock Standard Specification Criteria Manual is hereby referred to and included in this contract as fully and to the same extent as if copied at length herein, and shall be applied to this project unless modified elsewhere as discussed below. The aforementioned Criteria Manual is the"Standard Specifications" section of the City of Round Rock Design and Construction Standards. The Standard Specifications may be accessed from the City of Round Rock website (www.roundrocktexas.gov) at the following web address: www.roundrocktexas.gov/dacs. Any adjustments,alterations,or additional information regarding Governing Technical Specifications are contained in the Plans (Drawings), Details and Notes described in Section 02000 of the Project Manual or are included in Attachment A at the end of this Technical Specifications Section. ITEM 2 CONTROL OF WORK 2.01 CLEAN-UP 2.01.1 CONSTRUCTION SITE During construction, the CONTRACTOR shall keep the site free and clean from all rubbish and debris and shall clean-up the site promptly when notified to do so by the E/A. The CONTRACTOR shall,at its own expense, maintain the streets and roads free from dust, mud, excess earth or debris which constitutes a nuisance or danger to the public using the thoroughfare, or the occupants of adjacent properties. Care shall be taken to prevent spillage on streets and roads over which hauling is done, and any such spillage or debris deposited on streets, due to the CONTRACTOR's operations, shall be immediately removed. Page I W 01000-4-2020 Technical Specifications 00443645 t b L 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 L 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. l Page 2 01000-4-2020 Technical Specifications t 00443645 t i ITEM 4 PROTECTION AND PRECAUTION 4.01 WORK IN FREEZING WEATHER Portions of the work may continue as directed by the E/A. 4.02 PROTECTION OF TREES, PLANTS AND SHRUBS The CONTRACTOR shall take necessary precautions to preserve all existing trees, plants and shrubs but where it is justifiable and necessary the CONTRACTOR may remove trees and plants for construction right-of-way but only with approval of the E/A. 4.03 TRAFFIC CONTROL MEASURES AND BARRICADES Traffic control measures and barricades shall be installed in accordance with the Texas Manual of Uniform Traffic Control Devices and in other locations deemed necessary by the E/A, for the protection life and property. Under no circumstances will any existing road be permitted to remain closed over a weekend. No separate pay will be made for this item. Costs for this item shall be subsidiary to other items of work. 4.04 PROPERTY LINES AND MONUMENTS The CONTRACTOR shall be responsible for the protection, reference and resetting of property comer monuments if disturbed. 4.05 DISPOSAL OF SURPLUS MATERIAL The CONTRACTOR shall at his own expense, make arrangement for the disposal of surplus material, such as rock,trees, brush and other unwanted backfill materials. 4.06 CONTRACTOR'S USE OF PREMISES The Contractor shall,at his own expense,provide additional space as necessary for his operations and storage of materials. ITEM 5 MATERIALS 5.01 TRADE NAMES Except as specified otherwise, wherever in the specifications an article or class of material is designated by a trade name or by the name or catalog number of any maker, patentee,manufacturer,or dealer,such designations shall be taken as intending to mean and specify the articles described or another equal thereto in quality, finish, and serviceability for the purpose intended, as may be determined and judged by the E/A in his sole discretion. 5.02 MATERIALS AND WORKMANSHIP No material which has been used by the CONTRACTOR for any temporary purpose whatever is to be incorporated in the permanent structure without the written consent of the E/A. Where materials or equipment are specified by a trade or brand name, it is not the intention of the OWNER to discriminate against an equal product of another Page 3 01000-4-2020 Technical Specifications 00443645 manufacturer, but rather to set a definite standard of quality for performance, and to establish an equal basis for the evaluation of bids. Where the words "equivalent", "proper"or"equal to" are used,they shall be understood to mean that the item referred to shall be "proper", the "equivalent" of, or "equal to" some other item, in the opinion or judgment of the E/A. Unless otherwise specified, all materials shall be the best of their respective kinds and shall be in all cases fully equal to approved samples. Notwithstanding that the words "or equal to"or other such expressions may be used in the specifications in connection with a material, manufactured article or process, the material, article or process specifically designated shall be used, unless a substitute is approved in writing by the E/A, and the E/A will have the right to require the use of such specifically designated material,article or process. r l t t Page 4 01000-4-2020 Technical Specifications 00443645 02000 PLANS, DETAILS AND NOTES If applicable, insert reference(s) to project plans; details; and notes See attached Construction Plans: Bowman Park Improvement Plans 2022 July 2022