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Contract - Chasco Constructors - 12/16/2021 R�202,1 - 32-:� G (7mmml CITY OF ROUND ROC" TRANSPORTATION E. ProjectROUND ROCK TEXA5 * Ave. October, 2021 Prepared y: ®`,,..,..93753.,..,T�, Waeltz & Prete, inc. �� r� •<� hl Civil Engineers I4&'6iv,a � 211 N. AM. Crimes Blvd, A � ROr.uncl lock, TX 7865 APPROVE " BY 05C7c 21 p m,. TBPE Firm Registi-ation No 'I'T-10 3 08 E. Bagdad Ave. TABLE OF CONTENTS Section Description No. of Pages 00020 Notice to Bidders I 00100 Instructions to Bidders 4 Exhibit A 1 00200 Bid Bond 2 00300 Bid Form 14 00410 Statement of Bidder's Safety Experience 1 00500 Agreement 5 00600 Insurance & Construction Bond Fon-ns Performance & Payment Bond Instructions I 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 97 02000 Plans, Details and Notes 102 03000 Geotechnical Investigation 104 8-20 116 TkIle of'cowNwIs 0090665 00020 NOTICE TO BIDDERS NOTICE TO BIDDERS Sealed bids addressed to JC Montelongo, City of Round Rock Transportation, 3400 Sunrise Road, Round Rock, TX 78665, for furnishing all labor, material and equipment and performing all work required for the project titled Q ,ot Proi. Ave.`! (project -en........... ................�9q ............... 4400 AY� je includes construction of a right turn lane addition, signing, pavement markings, storm sewer, grading, traffic control, and all appurtenances) will be received until November 4, 2021 at 1-.00pm then publicly opened and read aloud at the same address. Bid envelopes shall state date Oman Q X and time ot�jd ,and,-D� ot Pwkd- L Bids raust also be. a J d b "Statement of Bidder's Safqy_Exp ,JO of the Project Manual, No �rience" included in Section 4 bids may be withdrawn after the scheduled opening time. Any bids received after scheduled bid opening time will be returned unopened, Bids must be submitted on City of Round Rock bid forms and must be accompanied by an acceptable bid security as outlined in the Instructions to Bidders, payable to the City of Round Rock, Texas equal to five percent (5%) of the total bid amount, Plans, Bid Forms, Specifications, and Instructions to Bidders may be obtained from the City of Round Rock website at the following web address: ,btWs.,Hwww.routidrocktexas.gpv/businesses/solicitati ons/. Bidders shall be responsible for printing or obtaining prints of the aforementioned documents as necessary. For questions please contact the City's Project Manager, JC Montelongo (512) 218-7026, 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, A NON-mandatory Pre-Bid conference will be held on October 28, 2021, at 2:00 pm at 3400 Sunrise Eo_ Round Rock, Texas 78665, Publish Dates: Austin American Statesman: October 1411�, 2021 October 2111, 2021 00020 W-2015 Notice w Diddets 010 tl 9130913 Page 1. 00100 INSTRUCTIONS TO E. INSTRUCTIONS TO BIDDERS I Prior to submitting any bid, bidders are required to read all drawings (plans), specifications, and all other Project Manual and/or Contract Documents carefully; to inform themselves by their independent research, test and investigation of the difficulties to be encountered and judge for themselves of the accessibility of the Work and all attending circumstances affecting the cost of doing the Work and the time required for its cornpletion 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.roundrockteln.gov/ businesses/solicitations and www.civeastusa.cotti. Bid&—rsshall 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 I above no later than two business days prior to the Bid Opening Date. Prior to submitting a bid, the bidder is responsible for determining if any addenda have been issued and for following any instructions required in any addenda issued. 3. It shall be the responsibility of the bidder to see that his bid is received at the place and time named in the Notice to Bidders in the Project Manual. Bids received after the scheduled opening time will be returned unopened. 4. Bids shall be submitted in scaled envelopes plainly marked "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 I above. 6. Bids shall be accompanied by a bid security consisting of a certified cashier's check in an � amount not less than five percent (51'11 ) of the total maximum bid price, payable without recourse to the City of Round Rock, or a bid bond in the same amount frown a reliable surety company, as a guarantee that the bidder will enter into a contract and execute performance and payment bonds,as stipulated by item 16 below, within 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 I 00100 2-202u 00426487 7. If awarded the bid, bidder must submit Form 1295 on the 'rexas Ethics Commission (TEC) site at forni I 295.htm and submit the signed Form 1295 tothe City Clerk at !Easinks(iiroundrocktexas.,,Yo�v within ten (10) business days of notification of the award. Instructions for completing a or 1295 are attached as Exhibit"A" to the Instructions to Bidders. S. No conditional bids will be accepted. 9. A bidder wishing to withdraw his submitted scaled bid prior to the scheduled bid opening time must do so by presenting in person a written request signed by an authorized representative of(lie 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. Tile City will expend the time and effort that the City in its sole discretion determines is necessary to investigate the authenticity of a request before complying with a request. The City shall in its sole discretion determine if the City will comply with a request and the City shall not be held liable for not complying with a request. If the City does not comply with a request, the request shall automatically become null and void. 10. A bidder wishing to revise his scaled bid after submittal but before the scheduled bid opening time must first withdraw his bid as provided for in the Instructions to Bidders and then submit a scaled bid in accordance with the Instructions to Bidders. No revisions to a bid will be allowed after the scheduled bid opening time. The bidder shall be responsible for ensuring the arnount of the bid security is as specified in the Instructions to Bidders. It. 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 based upon the criteria set forth in Section 2269.055 of the Texas Government Code. In determining the award of a contract tinder Chapter 2269, the City may consider; 1) the price; 2) the bidder's experience; 3) the quality of the bidder's goods or services; 4) the impact on the ability of the City to comply with rules relating to historically underutilized busirie,,;s; 5) the bidder's safety record; 6) the bidder's proposed personnel; 7)whether the bidder's financial capability is appropriate to the size and scope of the project; arid 9) any other relevant factorspecifically listed in the request for bids. Page 2 00100-1-2021 Instructions to Bidders 004 264 87 15. Award of the contract, if awarded, will be made within sixty (60) days after opening of the bids, and no bidder may withdraw his bid within said sixty (60) day period of time unless a prior award is made. A Notice to Proceed will be issued within sixty (60) days after contract L'Accution Date as defined in the General Conditions. 16. Within ten (10) days after written notification of award of the contract, the successful bidder must furnish a performance bond and a payment bond in the amount of one hundred percent (1000)"0) of the total Contract Amount. Said performance bond and payment bond shall be from an approved surety company holding a pert-nit 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. 17. Failure to execute the Agreement within ten (10) days of written notification of award or failure to furnish the performance bond and payment bond as required by 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. 18. No contract shall be binding upon the City until it has been signed by its Mayor after having been duly authorized to do so by the City Council. 19. The Contractor shall riot commence Work under the Agreement until lie 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 ACOM form. 20. If the bidders insurance company is aUth0ri7ed, pursuant to its agreement with bidder, to arrange for the replacement of a loss, rather than by inaking 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). 21. Any quantities given in any portion of the Bid Documents, including the drawings (plans), are estimates only, and the actual amount of work required may differ somewhat from the Page 3 00100 2 2021 Instructions,to ffiddo s 00426487 estimates. The basis for payment shall be the actual amount of work done and or material furnished as specified in the General Conditions, 22. 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 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, 23. The Conti-actor, 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 forth (which can be provided by the City upon request). This fori'n shall be submitted directly to the City's Accounts Payable Department to ensure security of the information. 24. If the Bid Form includes Add and/or Deduct Alternate bid items an&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 Alternate(s) from the Base Bid or the selected Alternate bid, Page 4 001100 2 2 021 ffidders 00426487 FORM 1295 INSTRUCTIONS Pursuant to Section 2252.90 of the Texas Government Code, as of January 1, 2016, any business entity entering into a contract with a local government that requires approval of the governing body must submit a disclosure of interested parties(Form 1295)to the local governmentalprior to the execution of the contract.The Texas Ethics Commission (TEC) has, created an electronic filing application for business entities to submit the required information and generate the required form. Please follow the instructions below to file your Form125 with the TEC and the City of Round Rock: • Upon being notified of a bid award, the award recipient ("business entity") must go to the following website: ht tps fwww�ethics.state.tx.us/filipgirnZ951 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 Farm 1295. V The City does not have a Contract ID Number System. Please insert 000000 and the project name in this box. Do not put the resolution number of the initial agreement if this is asupplemental agreement —only put the project name. ✓ Even if a business entity has no interested parties, Farm 1295 still must be completed using the website application and filed with the City Clerk. Please nate that there are ver ew instances that a business will not have any interested p , sl ,g ', for the definition of an interested party, ✓ If a business is publicly traded, they are exempt from having to complete a Form 129.5. Please e-mail the City Clerk stating such. • The business entity MUST print and sign the completed Form 1295 once it has been accepted by the TEC and no longer has DRAFT stamped on it. ms sinks raundrocktexas.Qov as soon as it is completed.DO NOT send the form back to the purchasing department,project manager or mail it with signed original agreements/contracts. ✓ The City Clerk only has 30 days from receipt to acknowledge the form in the TEC system. If you do not return it to the City Clerk promptly, and the 30 days has expired when she receives it,you WILL have to complete another one. • A new Form 1295 must be done for each contract a business entity enters into with the City of Round Rock including Supplementals, Amendments and Change Orders. • A Form 1295 cannot be handwritten. It must be completed electronically through the TEC website application. If you have any questions regarding the process of filing of Form 1295 with the City, please contact: Meagan Spinks, City Clerk Phone: (512) 218-6644 E-mail: rnspinks_@ rourid rocktexas. ov If you have questions regarding the actual form or the online filing application please visit the TEC's FACT page: httpa faWww. t ics..stat Ax. C MFc rrr�1295„'p p Revised 1.0/2021 Page 1 of 1 00200 BID BOND IISOND THE STATE OF TEXAS § § KNOW ALL BY THESE PRESENTS: COUNTY OF WILLIAMSON § That Chasco Constructors of the City of' Round Rock County of Williamson State of Texas as Principal, and _LjtSqy_Mu!tuaC Insurance C2rnpany authorized Linder 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 the surer of( Five Percent of Maximum Amount Bid Dollars 5%of MAB THE CONDITIONS OFTHIS 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 for which Bids are to be opened at the office of Owner on the 4th day of November 20 2I. 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. If, however, Principal fails to enter into a written Agreement with the Owner in accordance with the Bid or Principal and Surety fail to timely deliver to Owner the perfon-nance and payment bonds required by the Bid Documents, Surety within five(5) business days after receipt of a written demand from Owner shall pay to Owner the full penal sum of this Bid Bond, Subject to the limitation described herein. In the event that suit is brought upon this Bond by the Owner and judgment is recovered, said Surety shall pay all costs incurred by the Owner in such suit, including a reasonable attorney's fee to be fixed by the Court, IN WITNESS WHEREOF, the said Principal and Surety have signed this instrument on this the kh day of the month of November 20 21 _-Chasco Constructors____________. . . �al Surety obert James Nitsche R Printed N Printed By: Title: Title� Attornqy- act I A ( I'll 1 Address Id ifler"s BTvif Address: 2200 enaissance Blvd., Ste 440 "Rua 'TX"66'� ... King of Prussia, PA 19406-22755 ................................... ........... 00200 4-2020 1 ag C, I [lid Bond 00443638 Resident'A, ety,e'� Signature Robe- Printed _.. . 143 E. Austin Street A ddress ___�i G dd:tDa,_`[" _71942 City, State,Zip 00200 4-2020 Bid Bond 0044 363'8 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. Liberty Liberty IMutual Insurance,Company The Ohio Casualty Insurance Company Certificate No: 8206724-974127 URETP Mutu . West Arnerican Insurance Company SY 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 mporation duly organized under the laws of the State of Massachusetts-,and West American Insurance Company is a corporation duly ofganized under the laws of the State of Indiana(heren calloofively called the'CodmamW),pursuant to and by authority herein set forth,does hereby name,constitute and appoint, Crai llarker�.Gary A Nasche,Kennerh Nits6lic,Nina Simih. Roberl dames Nitsehc�Robert K Nitsche ................ —-—-------------------- ------- -——------------------ all of the city of state of 'rx each individually if there be more than one named,its true and lawful attorney-in-fact to make, execute,seat acknowledge and deliver,fax and on its behalf as surety arid as its act and deed,any and all undertakings,bonds,reoognizances and other surety obligafirins,in pursuance of these presents and shall be as binding upon the Companies as If they have been duly signed by the president and aftested by the secretary of the Companies in their own proper persons. IN WITNESS WHEREOF,this Power of Attorney has been subscribed by an authonzed officer(ir offider of the Companies and the corporate seals of the Companies have been affixed thereto this 9th day of Jeune 202 tl ................... Liberty Mutual Insurance Company. 11 INS& INSU The Ohio Casualty Insuranoe Cornpany 0— Of,04 4- West American insurance Company C' 19 1919 1991 E f2 piss At. 0 e amtp' IYAWv 0 By: q Dawd M.Carey,Assistant Secretary Cr M State of PENNSYLVANIA Lz ss 4a :3 County of MONTGOMERY E co 0 '=_t On this 9lh day of lune 2021 before nae personally appeared David M. ,Careywho ackncoledged himself to be the Assistant Secretary of Litharty Mutual Insurance M ............ L> & M Company,—The Ohio Casuat� inWWW American insurance Company,and that lie,as such,being authorized so to do,execute ft foregoing instrument for the purposes (D therein contained by signing on behalf of the corpoialons by himself as a duly authorized officer *g > 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, < oco M Narra "Pubic Ory do *6 2M-4-voy E E re My wmmmsion rmwes Wool 2C M5 syr� 'y Qwwwu�inumbwI126044 VmWx,PenmVtwara Assax~of dmFFFFFFPastelle,Notary Public 0 M Ry PL 00 This Flower of Attorney is made and exomted pursuant to and by authority of the following By-laws and Authorizations of The Olbio Casualty Insurance Company, Liberty Mutual :4t, * 0.9 Insurance Company.and West American Insurance Company which resdubons are now in kdl force and effect reading as follows: 0 Cq ARTICLE IV.-OFFICE S-,Section 12.Power of Attorney. Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman of the President,and subject to such limitation as the Chairman of Ilia 02 11i President rnay presume,shall appoint such aftioneys-In-fact,as may be necessary to act in behalf of the Corporation to make,execute,seal,ai*nowWdge avid deliver as surety c: any and all undertakings,Ilacrids,ipcogniz.ances and other surety obligations.Such attomeys-in-fact,subject to the trintatons set fowth in their respective powers of attorney,shall-0 > S? u have tuffl power to bind the Corporation Iby their signature and execution of any such instruments and to attach thefets the seal of the Corporation..When so executed,such cc as Z inshurnents shall be as binding as it signed Iby the President and attested to by the Seelary.Any power or authority granted to any representative of aftomey-in-fact under the"a '0 .. M provisions of this adds may be revoked at any fime by the Board,the Chairman,the President or by the officer or officers granting such power of authority. 02 U_ CL ARTICLE X10-Execution of Contracts:Section 5,Surety Bonds and Undertakings. Any officer of the Ccapany 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 attomeys-in-fact,as may bean sary to act In behaff of the Company to make,execute,seal,acknowledge and deliver as surety any and all undertakings, bonds,recognizances and other surety oblotions.Such attorroys-in-fact subject to die 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 Die seal of the Company.When so executed such instruments shalf 60 as binding as it signed by the president and attested Iby the secretary, Certificate of Designation-The President of the Company,acting pursuant to the Bylaws of the Company,authorizes David M.Carey,Assistant Secretary reappoint such attorneys-in- fact as may be necessary to act on behalf of the Company to make,execute,seal,acknomtedge and deliver as surely any and all undertakings,bands,re nuance and other surety obligations. Authorization-By unarninous consent of the Company's Board of Directors,the Company mrisevils that facsimile of meclianically reproduced signature of any assistant secretary of the Company,wherever appearing upon a certified copy of any power of attorney Issued by are 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 yvestAmericin Insurance Company do hereby caddy that the ofiginal power of attorney of which the foregoing is a full,true and orxirect copy of the Pow pr of Attorney executed by said Companies,is in full fwee and effect and has not been revoked. IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed the spMs of said Companies this 49% day of November 2021 .............. rata ora n U4 e4 Kpo'ql" A 0, Al '-0 19 0 1919 '1991 n 0 sy� 10000 %R, .--- ...................................... A Renee C.Llewellyn,Assistant Secretary 1.MS 12e2'3 WIC()CIC WAiC Multi Co 02121 00300 BID, FORM IBID FORM PROJECT"NAME: L Bagdad Ave. Public Improvements PROJECT LOC.ATION: Round Rock, Texas OWNER: City of Round Rock, Texas DATE: November 4, 2021 Gentlemen: Pursuant to the foregoing Notice to Bidders and Instructions to Bidders, the undersigned bidder hereby proposes to do all the Work, to furnish all necessary superintendence, labor, machinery, equipment, tools, materials, insurance and miscellaneous items, to complete all the Work on which he bids as provided by the attached Bid Documents, and as shown on the plans for the construction of e E. Ba-,d ad Ave..................................................................................--------------------------------------------------------------------------------..................... ........... 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 Conti-act Documents on the City's website at by the close of business oil 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". #I - 11/01/21 #2 11/01121 113 11/01/21 BASE BID_ Bid Approx. Item Description Item Quantit Unit and Written Unit Price Unit Price Amount .. ...................... ............................................................................................................................ ............... I LS Total Mobilization Payment, complete in place, Nines Six Thousand Dollars and No Cents $96,000.0096,000.00 ------------------- ---------------- 2 1 FA Capital Improvements Sign, complete in place, Eight kigridted Dollars and No Cents $800.00 $ 800.00 3 963 LF Silt Fence for Erosion Controls, complete in place per plans, $0.50 $ 481.50 ..................................................... 00300-9-2015 Page I of 12 Bid Form BASE BID Bid Approx. It Description Item QuantitUnit and Written Unit Price Unit Price Arnount ..................... ...................................................................................................... ........................................ 4 6 EA Curb Inlet Protection, complete in place per plans, $10,00 $ 60.00 5 4 EA. Area Inlet Protection, complete in place per plans, Ten Dollars and No Cents $10.00 $ 40.00 6 3/40 LF, 'free Protection, Type A Chain Link fence, complete in place per plans, Five-Doll-ars-an-d No-Cents, $5.00 $ 1,700.00 .. ............................. ........................ 7 �2 F,,A Stabilized Construction Entrance, complete in place per plans, Five Hundred Dollars and No Cents $500.00 $ 1,00().()0 8, 1,975 SY Sodding for Erosion Controls, complete in place per plans, Three Dollars and No Cents $3.00 $ 5,925.00 9 22 SY Mulch for Tree Wells, (Native Hardwood Mulch, Dark Color), complete in place, Thirty DQ114rs And No Cents $30.00 $ 66000 . ................ 10 Ttl SIFA Preparing Right of Way, complete in place per plans, "Ve.n..J.'bou.sand...Q.otlars and No Cents $10,000.00 $ 71,100.00 00300-9-201:S Page 2 of 12 Bid Form BASE BID_ Bid Approx. Item Description Item Quantit Unit and Written Unit Price Unit Price Amount 11 1,626 LF Remove& Dispose, Cone. Curb& Gutter, complete in place per plans, Ten-Dollars-and N.q-Cents $10.00 $ 16,2%00 112 25,0 SY Remove& Dispose, Cone. Driveways, complete in place per plans, Fifteen Dollars and No Cents $15.00 $ 3,750.00 1i 3 459 SY Remove& Dispose, Conc. Sidewalks, complete in place per plans, Fifteen Dollars and No Cents $15.00 $ 6,8.85-.-00--. l4 1 LS Remove & Reinstall, Monument Sign, corriplete in place per plans, Nine Thousand Nine Hundred Eigbty Five .......... Dollars and No Cent$ $9,985,00 $ 9,985.00 -------------- 1 3,043 Cy Unclassified Street Excavation, (Plan Quantity), complete in place per plans, sateen Dollars at4INo-Ce"Int's $16.00 $ 48,688,00 202 cy Enbankment, (['[an Quantity), complete in place per plans, Six Dollars and No Cents $6.00 $ 1,21100 17 290 '1 ON Hot Mix Asphaltic Cone., (Type D- 3" Thick), complete in place per plans, On e.,1-1 u rid red Twept3,-.D,o Ila rs-and,No- Cents $120.00 $ 34,8001.00 00300-9-2015 Nage 3 Mrd'12 Bid Form BASE BID Bid Approx. Irn Description Itern Quantit Unit and Written Unit Price Unit Price Amount .............. 18 450 GAL Prime Coat, complete in place per plans, Three Dollars and"I'went), Five Cents $3,25 $ 1,462,50 ............... ............. 1 , 1,5,24 I'M Crushed Limestone Base, (13"Thick), complete in place per plans, Twenty Dollars and No (,ents $20.00 $ 30,480.00 10 1,755 S,Y Lirne-Treated Sub rade, (8" Thick) - Slurry, complete in place per plans, ,Te.n Dollars and No Cents, $10.00 $ 17,550.00 21 1,,92 P.C. Cone. Pavement (6" Thick), complete in place per plans, j?qjlars and No Cents $70M $ 13,440l00 22 1.342 LFP.C. Cone. Curb& GUrtcr (TY-2), complete in place per plans, Nineteen Dollars and No Cents $19.00 $ 25,498.00 -------------------------------------— 23 3,65 SY P,C. Cone. Comercial Driveway, complete in place per plans, Ninety Dollars and No Cents $90.00 $ 32,850,00 '24 157 SY P.C. Cone. Sidewalk, 4" Thick, complete in place per plans, Seveqy Four Dollars and No Cents $74.00 $ 1 1,618 M 00300-.9-2015 Page 4 of 12 Bid Nrn-i BASE BID Bid Approx. Item Description Item Quantit Unit and Written Unit Price Unit Price Amount ..............I--....................................................... ....... ........11—------------------- ----——.________________..___..,____- 2S.. 44mm EA P.C.. Cone. Curb Ramp, complete in place per plans, One Thousand One Hundred Dollars and No Cents $1,100.00 $ 4,400.00 26 t,387 SY Integral Color Stamped Cone., 4" Thick, in lud ing all appurtenances, complete in place per plans, LjIgIlly,i,,x,,,D,o,l,l,a,r,s,,,a,,n,,d,,,No,,,,C,c,,t,i,t,s $86,00 $ 119,282.00 27 19111), ILII" P.C. Conc. Step, complete it) place per plans, NPC.ellt.s $72.00 13,680.00 28 142 LF P.C. Cone. 6" Ribbon Curb, at Tree Wells & Landscape Areas, including all appurtenances, complete in place, KjV. ,Jny Dollars and No Cents $80.00 11,360.00 ............. ............... 29 240 IT Pedestrian Railing(TxDOT Type 'E') w/ Powder Coating(Black), including all appurtenances, complete in place, Two I I u n d red en b I cell and No Cents $220,00 $ 52,800.00 30 32 C'Y Retaining Wall (Ashlar Pattern) (per Structural Plan 5200 Detail h 2) including all appurtenances,complete in place, One Tho u sand Five Hundred F ft D-o-1-1-ars-and-No-Cen-ts $1,550.00 $ 49,600.00 31 8,910 sy, Temporary Special Shoring, Soil Nailing, (Per Structural Plan S200 Detail #2) including all appurtenances,complete in place, !"Jghjy Qqllqrs and No Cents $80.00 $ 71,200,00 00300-9-20 8 5 Page:5 of 12 Rid Form BASE BID_ Bid pp ox. to Description to Quantit Unit and Written Unit Price Unit Price Amount 32 54 CY Retaining Wall (Ashlar Pattern)(per StRiCtUral Plan 5200 Detai I #1) including all appurtenances,complete in place, One Thousand Three Hundred Fifty Dollarsand No Cents $1,350.00 $ 72,900.00 33 566 S17 Temporary Special Shoring, (Per Structural Plan 5200 Detail #1) il'ICILiding all appurtenances,complete in place, L-jZhty Dollars and No Cents $80.00 $ 45,280.00 34 259 LF Thermoplastic Pavement Marking,(Type 1)(8")(SI...,D) (W)(090MIL), complete in place per plans, Three Dollars and Fifty $3,50 $ 906.50 35 40 LF Thermoplastic Pavement Marking, (Type 1)(24")(SLD) (W)(090 II,), complete in place per plans, Ten Dollars and No Cents $10.00 $ 400,00 36 120 LY Pipe, 2" DR-9 Poly, (all depths) inluding excavation, backfill, & all appurtenances, complete in place per plans, if! Dollars and No Cents $50.00 $ 6,000.00 -----I------ 37 358 LF Pipe, 6" DI CL350, (all depths) including excavation, backfill, & all appurtenances, complete in place per plans, i (rmy 's.,and No Cents $80,00 $ 28,640.00 010300-9-,'?015 Page 6 off 2 Bid Forni BASE BID_ Bid Approx. Item Description Item Quantit Unit and Written Unit Price Unit Price Amount 38 30 LF Pipe, 6" PVC DR-900 DR-14, (all depths) including excavation, backfill, &all appurtenances, complete in place per plans, One Hundred Films Qpllgs And No Cents $150.00 $ 4,500M 39 30 LF Pipe, 8" PVC C-900 DR-14, (all depths) including excavation, backfill,&all appurtenances, complete in place per pllans, One Hundred Sevent Five Dollars and o- opts $175M $ 5,250.00 40 129 LF Pipe, 12" DI CL350, (all depths) including excavation, backfill, &all appurtenances, complete in place per. plans, One Hundred Thirty Dow1,laprs,...a,i ....N...o. Cents $130,00 $ 16,770,00 41 818 LF Pipe, 12" PVC C-900 DR-14, (all depths) including excavation, backfill, & all appurtenances, complete in place per plans, One Hundred Thidy Dollars and No Cents $130M $ 106,340,00 ..................................... ........... ........ 42 15 LF 16" Steel Encasement, complete in place per plans, Tw.o..Hundred Dollars.and...N.o..Ceritsl $200,00 $ 3,000.00 00300-9-20115 Page 7 of 12 Bid Form BASE BID Bid Approx. Item Description Item Quantit Unit and Written Unit Price Unit Price Amount 43 15 LF 18" Steel Encasement, complete in place per plans, Two Hundred��iDollars�and No�Cents $250,00 $ 3,750M .............................. 44 17 IIA Valve, 6" G.V., including Valve Box&all appurtenances, complete in place per plans, One Thousand 'rhree Hundred Dollars and No Cents $1,300,00 $ 22,100.00 -------—----............... ........................................ 45 2 EA Valve, 8" C.V., including Valve Box& all appurtenances, complete in place per plans, One Thousand Nine Hundred 1" etttg✓ Five Dollars and No Cents $1,925.00 $ 3,850.00 4(,� 16 EA Valve, 12" G.V., including Valve Box & all appurtenances, complete in place per plans, TI.IhI.i,-,e,.e.,Im.hou.s.lan.d...On.eALIp.d red.Twenjy ...................... $3,125.00 $ 18,750.00 47 6 EIN Fire Hydrant Assembly,excluding valve, including excavation, backfill, &all appurtenances, complete in place per plans, Five Thousand Dollars and No Cents $5,000.00 $ 30,000,00 4, ' 1455 IL,F' Water Line Trench Safety Systems (All Depths) complete in place per plans, One Dollar and No Cents $1.00 $ 1,455.00 ....... .......... . ........ 00�.300-9-2015 Page 8 of 12 Bid Fonn BASE BID Bid Approx. Item Description Item Quantit Unit and Written Unit Price Unit Price Amount 49 1 i's Wastewater,Temporary Bypass Pumping, including all appurtenances, complete in place per plans, TwoThousand Five Hundred Dollars and No Cents $2,500.00 $ 2,500,00 50 84 1,11., Pipe,6" PVC SDR26 D3034, (All depths), including excavation, backfill, & all appurtenances, complete in place per plans, Sixth Dollars and NoCents $60.00 $ 5,040L00 51 9 10, LF Pipe, 10" PVC SDR26 D3034, (All depths), including excavation, backfill, & all appurtenances, complete in place per plans, Sixty Five Dollars and No Cents $65.00 $ 59,150,00 52 10, [�,A 4' Dia. precast Wastewater Manhole, including excavation, backfill, coating, covet-, & all appurtenances, complete in place per plans, S.jx..'.l'hqusand Dollars and No Cents $6,000 00 $ 60,000.00 53 994 LJ:�" Wastewater Trench Safety Systerns (All Depths) complete in place per plans, One Dollar and Seventy, Five Cents,- $135 $ 1,739,50 , O0300-9-2015 Page 9 of V 2 Bid Form BASE BID Bid Approx. Item Description Item Quantit Unit and Written Unit Price Unit Price Amount ...........--........................ ................... 54 45 1,17 Pipe, 12" Class V RCP (all depths), including excavation, backfill, &all appurtenances, complete in place per plans, &ygItA,j�ye Dollars and No Cents $75M $ 3,375M .................................................... 55 1501 LF" Pipe, 18" Class III RCP (all depths), including excavation, backfill, &all appurtenances, complete in place per plans, .j,&y_fivc 1-Dollars and No Cents $85.00 $ 12,750.00 1- -----.......... 56 51 LF Pipe, 24" Class III R(T (all depths), including excavation, backfill, & all appurtenances, complete in place per plans, . .......... $120.00 $ 6,120M 57 20 1, 12" Trench Grate, including excavation, backfill, & all appurtenances, complete in place per plans, Three Hundred SixLy_j?q1j4fsAqd No ------------------- ------ Cents $360.00 $ 7,200.00 58 1 k."A 3'x3" (,;rate Inlet, including excavation, backfill, &all appurtenances, complete in place per plans, Three Thousand Four Hundred Dollars and No Cents $3,400.00 $ 3,400,00 00300-9-2015 Page 10 of 2 Bid Form ASE I Biel Approx. Item Description Item Quantit Unit and Written Unit PriceUnit Price Amount 59 3 EA IO' Curti Inlet, including excavation, backfill, &all appurtenances, complete in place per plans, Five Thousand Five Hundred Dollars and No Cents $5,500.00 $ 16,500,00 60 1 EA 4` Dia. Precast Storm Sewer Manhole, including;excavation, backfill, cover, & all appurtenances, complete in place per plans, FourThousand Six Hundred Dollars and No Cents $4,600.00 4,600.00 61 266, 1,,F° Storm Sewer french Safety Systems(All Depths) complete in place per One Dollar and No Cents 1.00 $ 266M 2 4 EA Stop Sign, (30"00"), inluding all appurtenances, complete in place per plans, Three Hundred Twent;y,f vev_Dollars. nci_,. Nc w ,eats $325.00 1,300.00 63 11 FA Dead End, (30"00"), including all appurtenances, complete in place per plans, TKNP . undred.Fift„fix Dollars ancf,No,,,,, ..........................Cents $350.00 $ 350M 1 4 3, EA Street End Sign (I8"x18"), including all appurtenances, complete in place per plans, Four hundred 11wenty live Dollars ancl... No Cents $425.00 1,215.00 003 0110-9_;20 V 5 Pae V G o�f 12 Bid Forrrr BASE BID. Bid Approx. Item Description Item Quantit Unit and Written Unit Price Unit Price Amount ... ................ ........... ......--l–..............—.1 1........ 65 6 Mo Traffic Control, including barricades, signs, & traffic handling, & all appurtenances, cornpJete in place per plans, Two Thousand Four Hundred Dollars and 'Noll"CleInts $2,400.00 $ 14,400.00 TOTAL BASE BID (Iterns 1 thru 65 $1,324,424,00 00300-9-2015 Page V 2o F p 2 Rid Forin TOTAL BASE BID (Items I thrU _ 65 )__�L2a Materials: 00 All Other Charges: Total: Note: This total must be the same amount as shown above for '"Total Base Bid" If this bid is accepted, the undersigned agrees to execute the Agreement and provide necessary bonds and insurance certification as per the Instructions to Bidders. The undersigned certifies that the bid prices contained in the bid have been carefully checked and are submitted as correct and final. The Owner reserves the right to re.ject any or all bids and may waive any info or technicalities. n *onnalitie,.or tech Respe- �i ted, ItUre Sig, 'Iture Charles Ign............ P.O. Box 1057 ROLHid Rock, TX 78680 Name Address Vice President 512-244-0600 Title Telephone C,'hasco COMU'Lictors, LAD., LLP.,by Chasco Contracting GP, LLC., its GP Name of Firm em�c) Date Secretary, if Bidder is a Corporation 00200-9-20 1�5 Page I of' I Bid Vorm This is a UNIT PRICE Contract. All unit costs are for the items installed complete in place and will be used for any necessary change orders. If this proposal is accepted, the undersigned agrees to provide necessary bonds, and insurance certification as per the Insurance & Bonds requirements, and commence work within ten (10) days after written Notice to Proceed, The undersigned further agrees to complete the work in full within ........._(21 0).......... calendar days after the date of the written Notice-to-Proceed. $610-00 per day for liquidated damages. The undersigned certifies that the bid prices contained in the proposal 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. The Bidder shall guarantee pricing for sixty (60) days. The undersigned acknowledges receipt of the following addenda: Addendum No. 1 dated 10/14/21 Received Addendum No. 2 dated 1 0 1 5 2 1 Received ....................................................... Addendum No. 3 dated 11/02/21 Received ...... Addendum No. 4 dated Received,........................................................................... Respect, it ed, Signa ,Jre Chartgs.,l in P.O. Box 1057 Round Rock, TX 78680 Print Name Address Vice President512-244-0600 ............... Title for Telephone Chasco Constructors, LTD., LLP., by Chasco Cont GP, LLC., its GP Name of i r nn ............... Date Secretary, if Contractor is a Corporation Page 12 Md Forrn 00410 STATEMENT OF BIDDER'S SAFETY EXPERIENCE Page 1 (110&110 9-20114 Swenient of'NddeCs Sal"etY E'xpc6micc 00090654 Solicitation R:euir menu Contract Forms & Conditions of Contract q Statement ofBidder'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 minit-nurn OSHA construction safety program requirements, has riot 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: jah Address: P.Cy. F3ox l..0.57..Round..Ro,lclk,,.,T,,X,.17,8,6,80, Phone: 512,244-0600 Completed by: Charles King Date: ..................................----............ 1, Does the company have a written construction Safety program? MYes 0 No 1 Does the company conduct construction safety inspections? [ZYes []No 3. Does the company have an active construction safety-training program? [ZYes E]No 4. Has the company been fined by OSHA for any willful safety violations in the past ®Yes 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, NYes 0 No or less over the past three years'? Attach the company's OSHA 200/300 logs for the past three years. 6Does tile company or affected subcontractors have competent persons in the following Areas? A. Scaffolding ®Yes E]No El NSA B. E`xcavatlorl M Yes E]No El RA C. Cranes M Yes []No El N/A D. Flectrical ®Yes El No El R/A E. Fall Protection M Yes No E]N/A F. Confined Spaces [0 Yes E]No ]N/A I hereby certify thabove information is true and correct. 1ho Signature ---- 'Fitic Vice President . . . ....... ............... Page 1 00410 8-2014 Statcmciit of Bidder's Safety Pxperienec 00090654 ............... ................ MRWW.: OSHA's Form 300(Rslo.010,0104) a wnul9 xrmms Por ftYear 2020 ..............---, L,og of Mirk-Related Injuries and Illnesses U.S.Department of UOor OMa4*k"&"WW'd HWMAftWWO� R*u""A a V..,"PV46WR-M&M .0 waya;,s.4Y#95gshrbook oaffA 0?ASC,( CONSTRUICTOMS — ------ --------...... rAy �N IQL RM us ,c7777 ' —7,741 77,77,RZMum', Erotww,IN— *aYvad �N � I.ewu&rrgdAr Qti'm aru#Iwd(a�..... �5� uaI'AMlra e.—WOkJowm Raft Y.W( (ftys) P"O a Tara !"KA gr 9""4, 1 ............. ............ —A ...... .....I——S——.1— 1— BoAwwrm w vanei these iota is to Ote Surinaq paga(F011M30GA)b6f4Yv votipast IC. Aw t4l wr,V1 (d'jl t1i (4� (Q M OSHA's Form 3011DA(R.11,0112004 <00, Yea 2020 �Ov Summary of Work.-Related firkluiries arid Illnesses .............................................................................. .............................. ............................................................................................................................................. ..wy. ......................................... MIMI% ........................................................ TOM"Mho Op ToW miwvai,Waur W Total nmbtr ofw uk wM FoWmiumbe,d SEA' 'A. t NM�...................................................................................... ....................................... pOb Vtgiufwv my r@4 Uftlm vw*vftm"r9 araanm mroma,9u WWIO ckwoaay..MMI N W—cjs to 19 t 5p ................................................... ...............—--—--------—— ck ft'A v "0 w l n 9,,.PkJp—,d 6avy"'..4ta, ToW oumbiv of asp T.W W 66y#W�ob V,ay"m—A WOO,meawcnw, .. ........... .......... Vuptlwunnoa TmW r.-bd�ai oft d--I—y enmwWM t11.01., 0 Y WVvv PAI t4j fttsoMng R: San Wwd.r s. P)R'ApirskrV CohdWo ftedf.m.. Uzi." .......... pmq diSs Svnpy r4go from F&W-iry I wAprOTO oMa yawa W-Miq OW ytortworad by Ow fd- ............. Ow.0 IAret dors; This t rm contains infbrrnat=en relating Ito employee health andmust be used in a manner OSHA'sFor (Rev, i l €teat Protects die,confiderittlafiry of emplqyees to the Year 2019 'extent possible,rode uie information is tieing used Log of Work-Related Injuries and Illnessestfor -pa#0onal sate;,and heait,h pu s. U.S,Department�t Labor Occupational Ey and Heath Admints', kin You mint mdmi iint gray wat4ebted mpayor Mu=2, '.m0ml loss d wel advky br A Uwafer,pys r.2y t s,or riediline' g— — Form apprtrved 0AAB no-1218-3-178 baytod:1st You=19 4--oreconi SgMkanz qhuries wW illnesses-t,°e we diag-ozed bby e.. " or kensed- 9 caree pmfeviiwiil,You mmt aha moud i ies"i t € yet �: & lr<2GFR 1 ;.&th: h1114<t7 � � r ?crasx�� p as Ywmustr rn'rls� s �ta�lis .;�r;name �t�As��G t��iR -TORS k -r o6&rd moot COSK,h°ems;3021 cre§r� nt _fat -?zry or illus- - ed m chis l ;q ymtrm ast � -er is. - la, I;o;� . ON=for e , i y ROUND ROCS; State TEXAS - - - zgg ME f rtter the number of ) ( a tcx (D) ( CHECK ONLY ONE box 5 each case baser o da=ys the injured or.ri Check the'Injury"column or ch-oose ane type of, - se, Employees Name 3 off Title re bets of %Vhe e the vve'm occu,rr _e,g, >Desaibe lNurii or illness,D904 of body affected, the rt ,s Gus rutcomae m*nti€:tee. lwo-eillness: v€ LaK ? t ^ r madaNo. welder" azo a of v inness Y�-Iewtl from,acetylene torch) (Mojaq, - - tr �ssfe o ss i v �_ j tno i- Ier �s c 31 .. St[tSGrt 3uie oases _ i }`5} i5E j tom} ti_ €7 li € ( (4) f j (; K Fall ground same level men xc.ln b�*s u 2 Con-weeRriy, 3, `,Fiie @d rnssung S Vae: r-pnient i _ 1 t 3 1 a 0 y - -- Fall ground a iavei when!owing hat�nr_e survey gra :Field Pecan park subd ;when s€epp?ng ane 0 0 1 g 30 t7 _ u n €al same level when�p m3 on a s ( � � s 3Concrete in4-z _ e! `nsv<r, art ani landIng wii-h rs.��:'ns�.=x u'°as: - 6 t; i :` r i a � 0 _ 0 4 __ _ .- - ... - a s r te4 Cos _teFnsi1729 Field CRH Heedqult savwt e cuth'n radar 6 3 1 a e� r € t r , s s 4 t a e € s 1 S � a r a r Page totals .......( f tl 180 .9 0 0._ Be sure.6 transfer these totals to the Summary gage{Forin 300A)be ore you,post t, S Fu c n er,'or N•is c*lle cfiw e n ni- ;r tiedtb avema``4r-ain4as W-rtVwse,lmWom.-tiam6 -am wtmquktel t< - dto�fte callw6or of hior-TAtm Lutlam f a cunanerveldO i:ot 03 flurro<I.you h a any='=m b_akait C-_wy aspectz of O's "esu,=tgtt LIS 'D.—morl ofLabcw:05RA Oflise e ,Rorn,F-3 <200 _A , 292,2;.:,Do rat wd Die m ;ice to �,a� t$ 1 i2 t _ OSHA's Form 300A -Pe--i.01120Year 20'9 0 Summary of Work-Related Injuries and Illnesses Z, of a i --of Labor ,t estWshmeft . .' d by1# 1904.qws i coirpoi&e91sIt,'ntt:rppatle,even if no£;p i or - Ana-m-&-socounrado duAng Llle year Ramembeu m niview Cis Logic vor tttet,bhe enWas are cannplffia "han;fie.diclotabbaidw. ,Establishment Information takisure}'odic Ftp _r.`asv,Yte9 ::fG;a t; hey r cases 'Em yff s€0"sa:anvfa ras and Lhar= have the iWt to revi r the v FA1 300 L1 5 Y�:at�s7��hfr-.s;ii�� :-�,t��_i��.�� €1G�'�� - - ft en&,M/ nay a?ssaasve i€nni amass is ft SHA .;.3001 ar °MM--L Sao29 CFr� Re 35, t L7S.= € �lFr ?u=a,? area ae.a s e a ;, mese °rrs. 61real .E 01-0 S LVD City ROUND ROCK Slate Tom$ - --.. .. IMUS—by es A! l et „klanufactum ofimalo,MUCK va;lerej E Total number of Tmal nw ber of 7,,numbei of cases Total number W GSMERAL CONTRACTOR de °lfs -easss with days With 1 b transfer ar otherecordable titiay ,'.`E`:?i work lvstr&ftn casesStand `•ar. jia3 C= - ilc don(Std):ff Mawn i&g-„SIC 37 0 = i _ ; (') O Ivt�il :a�In irci;;sv',i c*s�fr;cati ;4t:sl,I.- . (e.g.,su*Y�7 2 3 _S 2 2 0 11200-02 I MIN Emplo tnetttinfo€inatlon aws M, Taal^winber of Tota;number of days of days way from ;0b tren9fr of naa-ill ctl0„ Annual average ranbar y+inn oyew 296 Total hcuts woiked by all emp',s' es lazt 180yr 82%428 :K? (i here —1161W urnbe"of,,. i Krowtngty falsifying this doct;s€€t iM -Uly A i ; poisoning (2) Sidn DisorUer 0 ;u; leafing Loss ( Respiratory - i I �w riify Vhat I have ed lists ,east g ; g to Lig t of my kr Meedge ize ainliies ars tr ,a le,aid l Condition 0 ,5,All 0 her Illnesses I I Post this Summary Pale from ehrt asy 9 to April 30 ofthe .€ li usin the yearcovered by trisfcirm i Phone DgE8 unkia erbsd ,;- , 'w-9V.3.--_-.ftageam Mr&MAM Pat=we W,-40V b=PON'low ' :a E Atwnticam `:'tis re€r;t contauns i^`artsra* r:rftt;r 10 etnoloyee heath}and€rust used in a armee Foy 'Rev.€�1I Q 0= ) l d"S'� € tsa rs d0nti�S}�t e pi�}�es tr a Year 2018 <0 extent 002same while the infortnaboin is being used Log of Work-Related Injuries and Illnesses for: ; jonal Welty a,'d heals pLirposees, U.S. Department of Labor i 0=p-donna Safari and Heal,1 Adm irfisrtian You le t d idon about ,y work4dated l my or M that:fna ios d cors m ° ., 't y or lob d s%r, 'p-s way bor rmics tresirrent Form ap„r IMed OMB no.1215-0176 ion7 You must aLz turd siwifz&vi rk d 3ryu.+ =and titre that am ftnosed.by a c an or Ilomsed t* s--ye n4essiortaL You atust-also--cord wwKdated iw:juri.sardu t ;any a,m,&Spad.lic;e-mm"dTirgcl- a Wedir 29 OR 1M41 thimu„t:904,12,Feel kee to am twO ricts Vasirigle cse 14 you needto-YoMalust= tears E: bi;shmentna e CHASCO CONSTRUCTORS iriury and tlddentnoolt MIKA Fam 3011 or eq - lam 1w exh#Busy or O=ess racwdW or:tnis fixr,it ymfte rot sum w1hedw.a cm is ramdattlej eA your local OSHA ofte for i_1p. city ROUND ROCK State T S t `, g r tT CHECK C3N#Y�N� tet eat e d sn d�s t f� �d�; I C the"ir t � �rin or c one< � y 1 �; '� !^�= e^:,,. � � ��d. n;�st srd e� .��,�r t; t ��_ w�a'�€r waw_ s�=i.it� ; Case t �@apl�vee's tea^� a � � ��.,. rite + t �h�ase.° �rfed ie,g. � ;ry ,�� s. a �.Hedy�t€ �� t — No. ! Welder) °illy'Or Loading do north en-M and ottle ttsu lce:net directly`a;-ad mr r=et& Imada person M fe.g.Stena d bums on (t} ,nom fright forea n€rte scetpene t w, Away } From a 4 _ `v rk a =Job Lnst � :tet - g L _ !or restri tilon aan=e s.s ;dayto s, t i e Roger a ush when a^ ?,,g curls with a s ge E . t i= r6s,.4119 reietc nnery eprd .1.ammer f= a tD 0 on J _ o 0 2 TesfiN Suor 121,0 'Mela a"ht-d and Smoai Pulled left E.Mfogwrwhen nt to open a va=ne. t [ I 3 e = ! a f t l I Page totals _ a z a 1 0 18 , z i0 a D 0 a Be sure tofnsmr these totals to tl'e Summary page(Form 300A)before you pest it, la n of-i t4 3n a a. z7: „ v to rs* 2-instruction °and g.,-.ULe data _ ':ard 1eLp wd yew the coillection oi aficn, _- rs aree not required to=W.d b,the.mtlec5on Ct - .,tea miess=_aisle=ays a cul-^ d MAB Corgi If you have a;3 f eorr.vnts:biut fl eolvr or any ase-ts Y tis data collealuft, US I, ,..�a*�,10SHA -m eq v r?- , (1� -§an Ase,;a,w :r ,Dc M2 g§.Cie � j��1 , t3= '4) `a is not send she gl 16.^=r>s to 044;fes. Forme- ,OV20041 U.S.Summary of Work-Related Detartment M.Aof LaborInjuries �;�=s��t sat.;. s xe>�� e�-n�ffi_ y_r e_vabhshr' rfs cov&ma&y ;=f,904 S,=m,f ar p ,*#en i r.^;nt u:Ixts cr r,<ssse a n�d the year, rhe Wr eriv:=� w C o t�sp y that d- 0 of �, --, r� Using tra Lzg, v,s.ne mdtd `dasfenMes you rnade far wch,carry 27aln te fire tots Establishment trftrr.;ation jdarty V Me bias ftzwae�vrypegeaftheI , :iyouP,��rs� swrfta . Enqwcyaff.re n_reaudoyaes,and foee mprusen afives hs=_ the f4hr M mwiew f 0SYA ft,.,_3aV in Y,or 8sfaMshm-e r3 narne CHASCO CON : €CORS &onfijely. They alae have fines e :e Me OSHA ft m M Sg,g 29 GFR 'a3. ,z c S 's;? at {%r:rzt ,."sur I?r;ie rz` f#s a She s au tisfsrs rgr;f se rrr:�, attest 2801 E OLD SETTLERS E LV City FrOuND ROCK state TEXAS 78665 tmiustry de=1'pilon(e.g.,�?ses ctum of n-Vo tuck trsS�rs) f Total mu bee, Tatar r�arber a al umber of cases {o: number of 1-ENE o C;' ACTOR deaths caste wig days M o trayair or at�r eco- deaths le away from;kap rasUf�—ion cases Standard industrial C-lassffi son(SIC), knstr-(e.g.,SIC 3795) 0 0 °moi (H{ II - f�� - - i _OR Noa9=hkrokad=1 I ndustrial Gllrst�crr{hiAe`y}.ekhn(e.g„11,6212) 2 3 5 2 2 0 s Employment tnformetlon i Tcfa f' t?xbaP Lf Total number of days of days aven`frown Job Cramer or restrict-'on Annual wverrtge lumber of*mploreel ai Tcw hews wo k$d by&;I employees last RIM wr ME MRI Sign here T dfa'number Wit,._ t nowiAgly Ws3t=in `hi*documgrt m4y resin In a fins, 4) Poisoning 12", Skin Disorder ( N n 0 (k) a G(,�y I I rti.y that I have e rnln lhIs d meat and shat.t the best of sr�,k€owWdga fternfies lag at:curete,Rod mlel®. C-and on 0 61 All Other l;lnesses CHUCK GI-ACE PPESI.-DEN 1 Company, d o i § 59�-�4�i�ds", sflft� i Post th s Sumrnaly pag e from F-0 bruary i to Apr;,13 D of th t year following the year covered by Lha for r Phon. Dale PWiD f wil V b L-d wlfo aha w Le d bnai;a't b 1 mmeInoe= lie e�aa ,,.. ddrsz07v---do%G r rw_1*,_ yvi h„ ffiew es1wift or - "ON16 d - -:;wry US DePtumv of ,OSRA Offim of S;,, team tom. -C-mla: Me-M W "±4-_,, CCM-10;Co�1 sed Ile Pa o. RESOLUTION OF CHASCO CONTRACTING GP9 LLC, Texas Limited Liability Company ("Company") In its capacity as general partner of CHASCO CON $ TRUCTORS, LTD.y LLP a Texas Limited Partnership ("Partnership") We, being all of the managers of the Company organized under the Texas Limited Liability Company Act, do by this writing consent to take the following action and adopt the following resolutions: RESOLVED,the Company is manager ruled. I RESOLVED,that the following persons will serve in the capacity so indicated on behalf of the Partnership when the Partnership is acting as General Partner of Chasco Constructors,Ltd., L,L.P.: Name of Person TxtLe Charles J. Glace,Jr. President Anthony J.Glace Vice President Charles R.King Vice President, Secretary and Treasurer RESOLVED,that subject to the supervisory powers,if any, as may be given by the Company,the President shall be the chief executive officer of the Partnership and shall, in general, supervise and control all of the business and affairs of the Partnership, He shall see that all orders and resolutions of the Company are carried out,subject however,to the right of the Company to delegate specific powers,to any other officer of the Partnership. The President shall preside at all meetings of the Partnership. The*President may execute any deeds,mortgages,bonds,contracts, or other instruments, in the,name of the Partnership,except in cases where the signing and execution thereof shall be delegated by the Company,to some other officer or agent of the Partnership, or shall be required by law to be otherwise signed and executed. The President shall have such other powers and perform such other duties as fi-om time to time may be prescribed by the Company. RESOLVED,that in the absence or disability of the President,the Vice President shall perform all the duties of the President. When so acting the Vice President shall have all the powers of and be subject to all of the restrictions upon the President. The Vice President shall have such other powers and perform such other duties as from time to time may be prescribed for him by the President. If there is more than one Vice-President,the Senior Vice Presidents, in order of their rank as fixed by the President, or if not ranked,the,Vice-President designated by the President, shall perform all of the duties of the President. When so acting the Vice President shall have all the powers of and be subject to all the restrictions upon the President, The Vice Presidents shall have such other powers and perform such other duties as from time to time may be prescribed for the respectively by the President. RESOLVED,that the Secretary shall attend all meetings of the Partnership and shall record all votes and the minutes of all proceedings in a book suitable for that purpose. He shall give or cause to be given notice of all meetings of the Partnership, The Secretary shall have such other powers and perform such other duties as from time to time may be prescribed by the President. RESOLVED,that the Treasurer shall have the custody of the Partnership funds and securities and shall keep full and accurate accounts of receipts and disbursements in books belonging to the Partnership and shall deposit all moneys and other valuable effects in the name and to the credit of the Partnership in such depositories as may be designated by the President. The Treasurer shall disburse the funds of the Partnership as may be ordered by the President,taking proper vouchers for such disbursements. He shall keep and maintain or cause to be kept and maintained, the Partnership's books of account and shall render to the President an account of all his transactions as Treasurer and of the financial condition of the Partnership and exhibit his books, records and accounts to the President at any reasonable time. He shall disburse fimds for capital expenditures as authorized by the President in accordance with the orders of the President,and present to the President for attention any requests for disbursing funds if in the judgment of the Treasurer any such request is not properly authorized. He shall make a detailed annual report of the entire business and financial condition of the Partnership, If required by the President,he shall give the Partnership a bond in such sum and with such surety or sureties as shall be satisfactory to the President for the faithful performance of the duties of his office and for the restoration to the Partnership,in case of his death,resignation,retirement or removal from office, of all books,papers, vouchers,money and other property of whatever kind in his possession or under his control belonging to the Partnership. The Treasurer shall have such other powers and perform such other duties as,from time to time may be prescribed by the President. This written consent may be executed in one or more counterparts, all of which together shall be one and the same instrument. 2 iCHARLES January 2016 GLACE, , Manager ACKNOWLEDGEMENT STATIC OF TEXAS COUNTY OF WILLIAMSON This instrument was acknowledged before me on N _ 2016, by Charles J. Glace,Jr.,in his capacity as Manager of CHASCO C T7JNGGPALrCbeh7a1fofsaid limited liability company. Notary Public, State of Texas AIMEE C REISWIG My 00mmilslan Expires MAY 28.2019 3 Corporations Section E 0 Hope Andrade P.0,Box 13697 Secretary of State Ausdn,Texas 78711-3697 co Office of the Secretary of State Certificate of Fact The undersigned, as Secretary of State of Texas, does hereby certify that the document, Certificate of Limited Partnership for CHASCO CONSTRUCTORS, LTD., L.L.P. (file number 800156680), a Domestic Limited Partnership (LP), was filed in this office on December 27, 2002, It is further certified that the entity status in Texas is in existence, Delayed Effective date: December 31, 2002 In testimony whereof, I have hereunto signed my name officially and caused to be impressed hereon the Sea] of State at my office in Austin, Texas on March 15, 2010, Hope Andrade Secretary of State Come visit us,on the internet athttp:1Avww,sos,statetxus/ Phone:(512)463-5555 Fax:(512)463-5709 Dial: 7-1-1 for Relay Services Prepared by: SOS-WEB TID: 10264 Document;299984330004 5/29/13 Franchise Tax Account Status Franchise 'Tax Account Status As of 05/29/2013 11:16;56 A ------------------------------- This Page is Not Sufficientr Filings [��MAS�CO 6jNSTRUEFORS, LTD.! L.L.P. Texas Taxpayer N er, 11418625213 Mailing Address Ptd BOX 1057 ROUND ROCK, TX 78680-1057 R*t to Transact Business in fi ACTIVE Texas State ofFormation TX Effective SOS Registration 12/31/2002 m Date a Texas SOS File.Number 0800156680 Registered Agent Name ' CHARLES J GLACE Registered Office Street 2801 E. OLD SETILERSBLVD. Address ROUND ROCK, TX 78665 httras'//rxtrcoacr)s.stste.tx,us/ s rVeVcca.suo.cc . oaG tTo?Pra=tofd&Search Nni=chasco&Buttori=search&Search ID=114186 5 13 / 00500 AGREEMENT City of Round flock , Texas Contract Forms Standard Form of Agreement: Section 00500 City of Round Rock, Texas Standard or of Agreement between Owner and Contractor AGREEMENT made as of the ( )day of in the year 20—. BETWEEN the Owner: City of Round Rock,Texas(hereafter"Owner"or"City") 221 East Main Street Round Rock,Texas 78664 and the Contractor Chasco Constructors ("Contractor") P.O. Box 157 Round Rock,Texas 78680 The Project is described as: E. Bagdad Ave. ........................ ..................... .......... The Engineer is: Antonio A... Prete2.....P..E ........................... ................................___.............................................................. .. ............................................... .............................. ................................. J. aeltz& Pr t� Inc. 4 �� _.............................. ............... 211 N, A.W. Grimes Blvd, ......................................____................................ ............... AO.U.rid ............. Rocker T 7 f.............. 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 CONT'RACT`DCICU MENTS The Conti-act 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 hilly 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 Docurnents,other than Modifications,appears in Article T ARTICLE 2 THE WORK OFTHIS CONTRACT Contractor shall fully execute the Work described in the Contract Documents,except to the extent specifically indicated in the Contract Documents to be the responsibility of others, 00500 4.2020 Page I of'5 Swidard Fonn o1'Agrcrm1CTfl 00443647 ARTICLE 3 DATE OF COMMENCEMENT, DATE OF'SUBSTANTIAL COMPLETION; DATE OF FINAL COMPLETION 3A The date of commencement of the Work shall be the date of this Agreement unless a different date is stated belo%N or provision is made for the date to be fixed in a Notice to Proceed issued by Owner, 3.2 'rhe Contract Time shall be measured from the date delineated in the Notice to Proceed. 3.3 Contractor shall commence Work within..........Ten A.11111,01 calendar days ............................................................................................. from the date delineated in(lie Notice to Proceed. 3A Contractor shall achieve Substantial Completion of tyre items of Work listed on Attachment A to this Agreement no later than 011V halldrcd Fwd Lighty calendar days from issuance by Owner of Notice to Proceed, and Contractor shall achieve Substantial Couipletion of the entire Work no later than One hundred aiid cighty calendar days from issuance by Owner of Notice to Proceed,subject to adjustments of this Contract Tinie 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 SLUT10f Sixf-fundredand len and NoA00 ...... ..... Dollars($ �-1011'� ) for each calendar day that Substantial Completion is delayed after the date(s) specified for Substantial Completion, It is hereby agreed that the liquidated darnages to which Owner is entitled hereunder are a reasonable forecast ofjust compensation for the harm that would be caused by Contractor's failure to achieve Substantial Completion of the Work(or any portion thereat)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 ofaccurate estimation. It is hereby agreed that if Substantial Completion of the Work (or any portion thereof) is not achieved on or before thirty (30)days afler the date(s) specific(] for Substantial Completion in the Agreement, the Owner shall have the option to either collect liquidated damages as set firth herein or to thereafter rely on its remedies tinder the Contract Documents and at law and in equity, including without limitation, the recovery of actual darnages. 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 (__-2-1-()-------- )calendar days froat issuance by Owner of Notice to Proceed. ARTICLE 4 CONTRACTSUM 4A Owner shall pay Contractor the Contract Sunt in current funds for Contractor's full and complete performance of the Work and all of Contractor's obligations under this Agreement. 'rhe Contract Suni shall be One Million three hundred twen(y-four thousand four-lAUndred twenty ,!j,�dollars and zero cents ------—---- 1,324,424M --), subject to additions and deductions as provided in the Contract Documents, 41 Does the Contract Surn include alternates which are described in the Bid Forril? No X . Yev /f i,: N/A ... ..................... ... ...... ... 00500 4 2020 Page 2 of 5 Foi[rya of 00411,116 17 ARTICLE 5 PAYMENTS 5A PROGRESS PAVMENTS 5.1.1 Based upon Applications for Payment subillitted 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 Surn to Contractor as provided below, in Article 14 of"tine 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 oil 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 ofthe 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 Suin among the various portions of the Work. 'file 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 5.2A 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 Conti-act 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 Engincer 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 (trial Certificate for Payment. In no event shall final payment be M(JilirCd to be made prior to thirty (30) days after all Work on the Contract has been Rally performed, Defects in the Work discovered prior to final payment shall be treated as non-conforining Work arid shall be corrected by prior to final payment,and shall not be treated as warranty iterns, ARTICLE 6 TERMINATION OR SUSPENSION 6A 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 Fonn ot'Agreement 00443647 6,2 rhe Work rnay be suspended by Owner as provided in Article 15 of the General Conditions, ARTICLE 7 ENUMERATION OFCONTRACTI)OCUMENT S 7,11 T lie 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. 7.13 *rhe Supplementary,special,and other Conditions of(lie Contract are those contained in the Project Manual dated_................outdo er,-ZQ 2-1------- 7.1.4 The Specifications are, those contained in the Project Manual dated--od-oben-10M 7.1.5 'rhe Drawings,ifany,we those contained in the Project Manual dated 000 . 2621 7A.6 The Insurance&Construction Bond Forms of tire Contract are those contained in the Project Marrual dated --Octob9n-1021- 7.1,7 The Notice to Bidders, Instructions to Bidders, Bid Form,and Addenda,if any, are those contained in tile Project Manual dated_____0A1JQbkL_2,02J 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 Fornis 03000," Federally Required Contract Clauses,as modified. 7,1,9 Other docurnents, if any, forming part ofthe Contract Documents are as follows. None ARTICLE 8 MISCELLANEOUS PROVISIONS 8.1 Where reference is made in this Agreenlent 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: JC Montelol -!�� o, ll - ------------ -6- 2L!L� ty )!!nd Rock _ -- --------------------------------------- 3400 Sunrise Road Round Rock,TX 78665 ................... 83 Contractor's representative is: Charles K' ------------------------------------------—---- 2801 F. Old Settlers Blvd, Round Rock TX 78665 - =——-------- 8A Neither Owner's nor Contractor's representative shall be changed without ten f 10)(lays'written notice to the other party. 005W 4,2020 Page 4 of 5 Slndwd hom od'Aprecment 0044'qA7 8.5 Waiver of any breach of this Agreement shall not constitute waiver of any Subsequent breach. U Owner agrees to pay Contractor frorn 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 tricaning 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 anti 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, then- 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 CONTR OR ORO Ch0aNsc T RruRc tors , LTD,, LLP., b CITYF D CK,TEXAS h* Q?y""p C' arl. Printed Name::::::: Printed Name:G aries Kill - M Title A"A I,I I itle: Vice President Date Signed Date Signed: 211 1 ATTEST: City Clerk FOR��C T APPROVED TO FORM: )R < ............. ��yX`t t i e,y 005010 4-20201 Page 5 of Standard Form of Apjccinncit 00443647 00600 INSURANCE AND CONSTRUCTION BOND FORMS SA INSURANCE INSTRUCTIONS Instruction Sheet Insurance Company must be licensed by State of Texas. t Agent signing bonds must be licensed in Texas. 3. Agent signing bonds must have Power of Attorney on behalf of insurance company. 4 If Agent signing bonds has Power of Attorney, but not licensed in Texas, then the bond Must be counter-signed by Texas local recording agent. A1,1, THE ABOVE INFO ATI CAN 13E FOUND AT Texas tx.us 5. Make sure the dollar amount on both Performance and Payment Bonds match the amount of the Agreement & Bid Form Sheet. 6. Both Perfortnance and Payment Bonds should be signed by Authorized Person. If' the contractor is a corporation, then it should be signed by the President or the Vice-President. If the contractor is not incorporated, then it may be signed by the Owner. Please state the title of the authorized person. CERTIFICATE OF LIABILITY INSURANCE Instruction Sheet 1. CERTIFICATE OF LIABILITY INSURANCE FORM The City of Round Rock's Certificate of Liability Insurance form provided herein or a standard ACORD form. 1 PRODUCER and INSURED - Please list name, address, phone number and e-mail, 3. COMPANIES AFFORDING COVERAGE TDI number required. The TDI number can be obtained from the Texas Dept of Insurance Website: 1xtt er ivy w tdi.state.tx.usi. Company Lookup. Note: Exception to this rule. In certain instances where there is unusual risks involved,Surplus Lines,Insurance Carriers can be used. Below are the guidelines: a. Insurance C- a_onipmn .,but does not have to be"licensed in Texas" they do have to be"efi ible for a Texas license." Please verify with the Texas Dept of Insurance Website: lit(p.,,f/ww%vtdistatc.txus-/. - Company Lookup b. Policy has to be written by licensed surplus lines Agent. Also verify with the Texas Dept of Insurance Website: httpJfwwwtdistgteax.us/-Agent Lookup 4. TYPES OF INSURANCE COVERAGE— CONSTRUCTION CONTRACT: Please double check the General Conditions and the Su2plemental General Conditions for the types and amounts of insurance required. The Supplemental General Conditions usually state the fallowing: a. Business Automobile Liability Insurance b. Workers' Compensation and Employers' Liability Insurance C. Commercial General Liability Insurance d. Builders' Risk Insurance - (Generally required for all "vertical" construction. Check with Project Manager for requirements.) FOR ALL OTHER CONTRACTS, PLEASE REFER TO THE INSURANCE SECTION FOR TYPE OF INSURANCE REQUIRED. (For example Engineering Service Contracts usually require "professional liability insurance".) 5. EFFECTIVE DATE & EXPIRATION DATE Please make sure dates are current, 6, City of Round Rock must be listed on the Certificate of Insurance as an additional insurcd (except Worker,,, Compensation and Builders Risk). T Certificate must indicate that the insurance Company must give the City of Round Rock notice of any changes,cancellation , etc. at least thirty (30) days prior to date of change, 8, Make sure Certificate is signed by an Agent Licensed in the State of Texas, this can also be found on the Texas D )artnient of Insurance wcbsit,e —www.tdi.state.tx.us AggqtLqqjLua. PERFORMANCE BOND Bond# 5 S21 206 THE STATE OF TEXAS § § KNOW ALL BY THESE PRESENTS: COUNTY OF WILLIAMSON § That Chasco Constructors, LTD., LLPI of the City of used cock County of Williamson as as Principal, and .... . .. ...... and Stag of i��........................................................_ Liberty Mutual Insurance Company authorized under the law of the State of Texas to act as surety W bonds for principals, are held and firmly bound unto the CITY OF ROUNDROCK,TEXAS (Owner), in the penal sumof one rniliicon three-hundred twenty-fain thousand four-hundred twenty-fOff Dollars ($,1,324,424.00 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. E. Bagdad Ave, 1` O , °ITIEREFOR.E, THE CONDITIONS OF THIS OBLIGATION IS SUCH, that if the said Principal shall faithfully perforin 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 y 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 flans 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 006104-2020 Pei forrnance 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'Prind pal 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 ---110-0R�_------------------------------ 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 seated this instrument this 21 st day of December 20 21 . Chasco Constructors, LTD., LLP, -Liberty Mutual Insurance Compaq" Principal Surety Robert James Nitsche P inte Printed Name ray 1 114 By: -it eTitle: A tg irnei-li-Fact, Address: .2801 EOf Settler, Bl,,vd Address: 10713 W. Sar(i Houston Pkwy Ste. 650 Round Roe TX 78665 Houston, TX 77064 Resident ent of Surety: /�° Signature Robert James N(ische Printed Name 143 E. Austin Street Address Giddings, TX 78942 111-1-1-....................... City, State & Zip Code Page 2 0000 4-2020 111cirfoirmanev,Bood 00443639 PAYMENT BOND Bond# 585216206 THE STATE OF TEXAS 1CNC)W ALL MEN BY THESE PRESENTS: COUNTY OF WILLIAMSON That Chasco Constructors, LTD., LLP of the City of Pound Rack , County of Williamson and State of Texas , as Principal, and Liberty° Mutual Insurance Corrtpaty 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 One million three-hundred twenty-four thousand four-huadrs d twenty four Dollars . for the. y .. ... {� Ir`�2a,424�� payment whereof; well and truly...be made the said Principal and Surety bind themselves and their heirs, administrators, executors, successors, and assigns,mlointly 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 an.....to the same extent as if copied at length herein consisting of. E. Bagdad Ave. NOW, THEREFORE, THE CONDITION OF T141S 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 100210 04-20,20 Paymcm Rond. 00437699 PAYMENT BOND (continued) Surety, for value received, stipulates and agrees that no change, extension of tine, 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 21st .-day of December 2021 Chasco Constructorls,,-LITI,D"., UP Liberty MUtUal Insurance Co man . ..... Principal Surety e 0kr Robert James Nitsche Printe Nai Printed blame 9.., By: 'I"itle: Title: Attorney-in-F Address: 2801 E. Settl rs Blvd. Address: 10713 W'. Sam Houston Pkwy - N. Ste. 650 ------------------------------- - Round R.ock, "F,X 78665 HOUStOn, TX 77064 Residen, hof Suir S................. ignature Robert Jamew. Nitsche Printed Na m e............................... JAIL-Aust-in-------------------- Street Address Giddings, TX 78942 City, State & Zip Code Page 2 0062(1 1.2020 Payment Hond 0001,X)656 "is 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. LiberiX Liberty Mutual InSUrance Company Mutual. The Ohio Casualty Insurance Company CortificateNo: 8206724-974127 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 Die State of New Hampshire,that Liberty Mutual Insurance Company is a corporation duty organized under the laws of the State of Massachusetts,and West Arnerican insuiance Company is a corporation duly organized under Rra laws of the State of Indiana(herein collectively called the'Compantes'),pursuant to and by authonty herein set forth,dw.hereby name,constitute and appoint, C"rail Parker;Gar,A Ni1sche,Kenneth Nitschc Nina Sinufr;Robert Jarnes Nitschc�Robert K Nitsche -----------------—-—------------------— all of Ute ty of _ ...............1.1-1-1.1-............... (3iddia TX ad-lEs' state of each indfmdu0y if there be more than one named,its true arid lawful aft'ney-in-fact to make, execute,seal,rianowtedge,and deliver,for and on 0s behalf'i�iWjf ass"4s'aic'l'and"'die'ed,any and all undertakings,bonds,rorMnizances and other surety obligations,in,purrua, n ce of these presents and shall be as binding upon the Companies as J they have been duty signed by the president and aftested 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 osiporate seals of the Companies have been affixed thereto this 901 day of Atne 2021 ......... Liberty Mutual Insurance Coinpany ......... I su'� "I't INS& %"so,?, The Orho Casualty Insurance Cornpany 0 oroWest t American Insurance Company 19 1919 1991 a) 0 y" __ 4117to ------------ ---- --1 ---------------------------------------- M M David M Carey,Assistant Secretary M State of PENNSYLVAWA rr County of MONTGOMERY E 0 (D On this 9th day of .lune 2(21 before me personalry appeared David M Carey,who acknowi*ed himself to be the Assistant Secretary of Libefty Mutual Insurance M ua 0 1; Compaii-y77VbNo Casua�iTU6ri5aWi'and ggt-Arriencan Insurance Company,and that he,as such,being aurt*dzed so to do,exemte the foregoing instrument for the purposes therein contained by signing on behalf of the c` lea by himself as a duly authorized officer. > IN WITNESS WHEREOF,I have hereunto subscribed my name and affixed my notarial seal at King of Prussia,Pennsylvania,m the day and year first above wriften < d13 0(/) M U) 0) P A,,S 0-0 01. — coff[wiloft""affli of 001'[SVIVan�a-NoUtry SAW [ArAul Pastmia,Hoory publK (60 (a MwtWnory County 7:2E CZ E 64) My ammssion ea March 20,202's 0 C: UNmiulm number t 126044 By, iyThc—-—-—-----------------------------------------------< C) to Nr 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 Miguel 0 Insurance Company,and West American Insurance Company which resolutions are now in full forre and effect reading as follows: 0 CN E ARTICLE IV--OFFICERS:Section 12,Power of Attorney. '0 M -0 Any officer or other official of the Corporation authoftzed tor that purpose in writing by the Chairman or the President,and subject to such fat[tabors as the Chairman or the-0— President may proscribe,shall appoint sudi aftirneys-in-fad,as may be necessary to act in behalf of the Corporation to arake.,execute,seat,acknowledge and del,,ver as surety M c: any and all undertakings,bonds,lecogni;zanciss and other surety obligations,Such atlomeys4n-faoi,subied to the limitations set forth;n their respective powers of attorney,04-a � 2!�5 have full 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 '0= 0 S .0 V> Z instinimerits shall 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-in4act under the - M provisions of this article may be revoked at any time by the Board,the Chairman,the President or by the official or officers granting such power or authority. 02 U- 0. ARTICLE X111-Execution of Contracts:Section 5.Surety Bonds and Underlakings. Any officer of the Company authorized for that pur pose in writing by the chairman or the president,and subject to such hmitations as the chairman or the president may prescribe, shall appoint such attorneys-in-fact,as may he necessary to act in behalf of the Company to make,execute,seal,acknowf*, e and deliver as surety any and all undertakrnqs,�--------- bonds,tonizances and other surety obligations,Such attorneys-in-fact subject to the limitations set forth in their respective powers of attorney,shall have full power to bind the Company by their signature and exembon of any such instruments and to attach(hereto the seal of the Cornpany.When so executed such instruments shall be as binding as if signed by the president and attested by the secrelairy, Certificate of Designation-The President of the Company,acting pursuant to the Bylaws of the Company,authorizes David M.Carey,Assistant Siecretary to appoint such attomeys-ur- fact as may be necessary to act on behalf of this Company to make,execute,seal,acknoWedge and deliver as surety any arid all undertakings,bonds,recognizances and other surety obligations. Authorization By unanimous consent of the Company's Board of Directors,the Company conseras that facsimile or mochanicalIfy reproduced signature of any assistant secretary of the Company,wherever appealing upon a ortitified copy of arty power of attorney issued by the Company in connection with surety bonds,shall be valid and binding upon Ole Company WWI the same force and effect as though manually affixed. l,Renee C.Llewellyn,the undersigned,Assistant Secretary,The Ohio Casualty Insurance Company,Liberty Mutual Insurance Company,and WestArnerican insurance Company do hereby codify that the original power of aftomey of which the foregoing is a full,true and correct copy of the Power of Attorney executed by said COMPNiPS,is in full force and affect and has not been revoked. IN TESTIMONY WHEREOF,l have hereunto set my hand and affixed the spats of said Companies,this 21st day of 1)ccernber , 202 1 ................. .................. .... tasty '11 imso %"a C' G 0% ootA' 11 0 0 0 19190 1991 2 4 04MV '4 By: LMS u2Cit3u,Ml(,'OCIICWAuCMurIRC,',rn02.r2I Liberty, MI'.1t.pal, SURETY TEXAS TEXAS IMPOMAN'r N0'FICE AMBO IMPORTAWE To obtain inforrnation or n'iake a complaint: Para obtener informacion o para someter LIM quqja. YOU may c,,fli toh-free for infarmation or to Usted Puede Haniar al nero de teleforto gratis rnake a complaint at para informacion o para sorneter una queja al 1 877-751-2640 1-877-75 1-2640 YOU may also write tom Usted (ambien PUede I-scribir a: 2200 Renaissance Blvd, Ste. 400 2200 Renaissance Blvd, Ste,, 400 King of'Prusspa, PA 19406-2755 King off'Pru%sia, PA 19406-2755 You may contact the Texas Department, of PLIede cornunicarse con el Departamento de Insurance to obtain information on corripanies, Seguros de Texas para obtener infore acion coverages, rights or complaints at acerca de companias, coberturas, derechos o 1-800-252-3439 quejas a] 1-800- 2-3 39 You may write the'"I'exas Department of Insurance Puede escribir a1 Departarnento de Seguros (:onsurner Protection (I I 1-p A) de Texas Con su mer Protection (I I I-I A) P , Box 149091 P. 0. Box 149091 Austin, TX 78714-9091 Aum sturn„'"IX 78714-9091 F'AX: (512)490-1007 FAX #(512)490-1007 Web: hqaJ°,dw�w�rw�n i texas.ggy Web: E-rnai I: exa._&CLK E-mail. (",onsurnerProtection @Idi,texas. aaV PRp~MIIJM OR CLAIM DISPUTES: DISPUTAS SOME PIUMAS 0 RECLAMOS: Shotdd YOU have to dkplft concerning your Si tiena una &PLM'I concerniente a slu prinia o a premiurn or about a clairn you should first an reclarno, Bebe corniunicarse con el agente o contact, the agent or caH 1-800-843-6446. prunero. Si no se resuelve la disputa, puede If the dispute is not resolved, YOU may contact the entonces COMUnicarse coin ep departarnento (TDI') ,.p"exas Department of I nsurance., 'ACFI "11-11S NOTICE TO YOUR UNA ESTE 'p t'3 A SU P(..)LJZA: POLICY: 'This notice is for information only and does not Este aviso es soo para prq.)osito ide infon-nacion becorne a. part or condition of the attached y no se corMcrte en parle o condic.ion del document, CIOCILIMentci adjunto. NP'70 68 09 W L IOS-1,5292 10(15 CERTIFICATE OF LIABILITY INSURANCE Date: 12/21/2021 TDI number required.Please refer to the PRODUCER: Texas Dept of Insurance website. bttp://www.tdi.state.tx.us/ The Nitsche Grourp 143 East Austin d2LCOMPANIES AFFORDING COVERAGE TDI Gidill s,TX 78942 - 2-InA — Phone:979-540-22 -mufio ce�hthen�itqche roup.corn A Liberty Insurance Corporation 42404 INSURED: Chasco Constructors LTD. LLP Liberty Mutual Fire Insurance Company 23035 PO Box 1057 C LM Insurance Corporal on 33600 Round—Rock TX 78680 THIS IS TO CERTIFY THAT the Insured named above Is Insured by the Companies listed above with respect to the business operations hereinafter described, for the types of insurance and in accordance with the provisions of the standard policies used by the companies, and further hereinafter described. Exceptions to the policies are noted below. CO TYPE OF POLICY EFFECTIVE EXPIRATION LIMITS LTR INSURANCE NUMBER DATE DATE ............... ...............I'll-, ...... A GENERAL LIABILITY 7137291463740021 03/09/2021 03/09/2022 GENERAL AGGREGATE $ 2,000,000 PRODUCTS-COMP/OP AGG. $ 2,000,000 PERSONAL&ADV,INJURY $ 1,000,000 EACH OCCURRENCE $ 1,000,000 FIRE DAMAGE(Any one fire) $ 100,000 MED.EXPENSE(Any one person) $ 10,000 ...............111111111111111111111- 1 1 C AUTOMOBILE LIABILITY AS72914637400101 03/09/2021 03/09/2022 COMBINE[)SINGLE LIMIT $ 1,000,000 BODILY INJURY(Per person) $ BODILY INJURY(Per accident) $ PROPERTY DAMAGE $ ...................................................................................... ............... A EXCESS LIABILITY T1,17Z91463740041 03/09/2021 03/0962022 EACH OCCURRENCE $ 5,000,000 AGGREGATE $ 5,000,000 ............... B WORKERS'COMPENSATION W('6291463740031 03/09/2021 036092022 STATUTORY LIMITS $ AND EMPLOYERS'LIABILITY EACH ACCIDENT $ 1,000,000 USEASE-POLICY LIMIT $ 1,000,000 DISEASE-EACH EMPLOYEE $ 1,000,000 PROFESSIONAL LIABILITY BUILDERS'RISK INSURANCE OR INSTALLATION INSURANCE DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/SPECIAL ITEMSIEXCEPTIONS .... '—fi ' ' The City of Rouu�d Rock is narvued as additional insued wthirespect tea aII policies except 'Workers' Compensation and Employers' Liability' and 'Professional Liability'. Should any of the above described policies be cancelled or changed before the expiration date thereof,the issuing company will mail thirty(30)days written notice to the certificate holder named below. CERTIRCATE HOLDER: City Manager SIGNATURE OF AGENT LICENSED IN STATE OF TEXAS City of Round Rock 221 E.Main Street Round Rock,Texas 78664 Typed Name:-,RJ1111 ........................................ ................................ License ID: 675985 Page 1 00650 10.2010 Cernficmeofl-mbility Insimallce 00205796 00700 GENERAL CONDITIONS City of Round Rock Contract Farms General Conditions Section 00700 TABLE OF DONT NTS COIF GEN R IL, CONDITIONS ArI06 page N,urnbor�& Title Number 11, DIRRII N11TIIO ON .,... .., ' . �,� .�,� �' , �,� , ''.�, �.. ....... .......... ...... ... ...... .... ..... ...... ..... ....... .... . .,,.w.. ..,,...,,... PRRLiMINARY MATTERS „ , .... .- ............ ....... ..... ..... .., ,, ...,. .,,.v., ,. .,,,,v,..,. ,....,... ,..5 CO iINTR CT ICCCUII' ENT& IINT N7 J I'IENDilNfG1, REUSE................. .... . .... ........ .,. .,,.....,. . .,,,., 4� VAll-ABILITY OF (.,, W)S'� a BS URFACEANTIC, IPHYSIlCAl CONI [fl'C!NS; REFERENCE Ii 0I I`I`5--— ., .... ..... .... ..... . .......... ... .... ... 5, ICTUS AND INSURANCE „ ,„,W„,.. .. . , , ......... ........ ..10, 6.. COII ITR CTOR"S IRIRS,P'C,I SII lJJITIIRS..... .......... ........... ...... ..... .... .... .. ..,,... ,..w..,... ..,......16, 7. I9THFR'h, ORI m.. ...... ... --.... ....... ,,,m...... ...................... ............. ...... ........ . . a.,..,,.... ,....... 4 . OWNER'S ER'S IRII S,I Ca iSIIIR'Ii,,fTgRS .., . ., ...., ....... .... . ........... ... ..... ....m .,, .. ,..,,,..... —.,_--25 . RNG,UINFER ARCHITECT'S ST, UJS Dt.)RIING CONSTRCC,.,I,ICN.._,,,—..... ... ..... . ...............w...,,.. ........26 10. CHANGES II S THE W+OR ............ ........... ..F,..., ..,,.., „-- ........ . ....--27 11. CH aNGE OF CON, TR �CTIl�ti OU NT "m,,� ... .......... .......... ........... ..... m.,,.. ..,....,,. ......,,,,.. ,.—...26 12, CHANGF OF COINTR (,,T TI' 'IiIRS-... ..... ......,... ...,.�.....01 13. TESTS AND INSPIFC'TtONSi AIND CORRECTION OR REMOVAL,L, C L EPECTI R CRf ,, ......... .... w.., ...... ........ ... .......... ,.,.. ,, .......... ...... ..0 14. PAYMENTS T0O CONTRACTOR AND, CCMPIH T1DN .. .............. ..... .... ............. . . ..... ..... 3�x 15, SiLLSr IFNSI0N OF '" 'ORI AND'l ERMI I�ATIONJI, ........... ........... ..... ..... .....,._.,,., ...,,,,,39 16. DISPUTE RESOLUTION.—............. .— w..,...............---... .. . .... ... .,...,,...m ........ .., ,..,,.,.4°1 17 RIGHT TO AUD]'T... .. . . ..... ............... .............. ................ .... .......4�2' 16. MUSCEL.L. lNH".SUS- .......... ......... ........... ....a... ......,... ........ .. ....---m ..... .. .....43 00700 04-20201 Page 1 General Conditions 001443641 GENERAL CONDITIONS ARTICLE I -DEFINITIONS Whenever used in these General Conditions or in the other Contract Documents, the term printed with initial capita) 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 Clic ute Resolution -The process by which a disputed Claim maybe 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 �Calr 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 �Cg�haDirective-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. 11.8 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 JDrawings - 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 En ineer/Architecj_Jg1A) - The OWNER's design professional identified as such in the Agreement. The titles of"ArchitectlEngineer," "Architect"and "Engineer"used in the Contract Documents shall be read the same as Engineer/Architect (EIA). 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, 123 Legal Holidays 11,211 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. 1.213 If Christmas Eve falls on a Saturday or a Sunday, the preceding Friday is observed as the Christmas Eve holiday. 1.214 If Christmas Day falls on a Saturday ora Sunday, the following Monday is observed as the Christmas Day holiday. 1.24 Milestones-A significant event specified in the Contract Documents relating to an intermediate completion date or time—prior to Substantial Completion of all the Work. 1.25 Notice to Proceed - A Written Notice given by the OWNER to the CONTRACTOR notifying the CONTRACTOR to commence the Work and which may also fix the date on which the Contract Times will commence to run and on which the CONTRACTOR shall start to perform the CONTRACTOR's obligations under the Contract Documents. 1.26 OWNER—The City of Round Rock,Texas,a municipal corporation, home-rule city and political subdivision organized and existing under the laws of the State of Texas, acting through the City Manager or his/her designee, officers, agents or employees to administer design and construction of the Project. 1.27 Owner's Re resentative�-The designated representative of the OWNER. 1.28 Partial Oc 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 Pro jJect - 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 ProLJect 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 Pro awl — Proposal of Offeror, on prescribed forms setting forth prices for performing the Work described in the Contract Documents. 1.32 ProDosal Documents - The advertisement or invitation for Proposals, Instruction to Offerors, the Proposal form, the Contract Documents and Addenda. 1.33 Resident Project Representative -- The authorized representative of E/A who may be assigned to the site or any part thereof. 1.34 Shop Drawings - All drawings, diagrams, illustrations, schedules and other data or information which are specifically prepared or assembled by or for the CONTRACTOR and submitted by the CONTRACTOR as required by the Contract Documents. 1.35 Specifications. - Those portions of the Contract Documents consisting of written technical descriptions as applied to the Work, which set forth to the CONTRACTOR, in detail, the requirements which must be met by all materials, equipment, construction systems, standards, workmanship, equipment and services in order to render a completed and useful project. 1.36 Substantial Completion - The stage in the progress of the Work when the Work, or designated portions thereof, may still require minor modifications or adjustments but,in the OWNER's opinion,the Work has progressed to the point such that all parts of the Work under consideration are fully operational and the beneficial use and occupancy of which can be assumed by the Owner, as evidenced by a Certificate of Substantial Completion approved by the OWNER. 00700 04-2020 Page 4 General Conditions 11.37 Subcontractor-An individual, firm, or corporation having a direct contract with the CONTRACTOR for the performance of a part of the Work. 1,3E 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. 1.3 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 W�o �s — 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 Owners Representative or to the CONTRACTOR's duly authorized representative at the last business address known to the party giving notice. ARTICLE 2 - PRELIMINARY MATTERS 2.1 Delivery of Agreement, Bonds, Insurance, and Other Documentation: Within ten (10)Calendar Days after written notification of award of Contract, the CONTRACTOR shall deliver to the OWNER signed Agreement, Bond(s), Insurance Certificate(s) and other documentation required for execution of the Contract. 2.2 Copies of Documents: The OWNER shall furnish to the CONTRACTOR two (2) copies of the Contract Documents unless otherwise specified. 00700 04-2020 Page 5 General Conditions 2.3 Commencement of Contract Times; Notice to Proceed: The Contract Time(s) commence on the date indicated in the Agreement or in the Notice to Proceed. Notice to Proceed will be given at any time within sixty(60)Calendar Days after the Execution Date of the Agreement, unless extended by written agreement of the parties, 2.4 Before Starting Construction: 2.4.1 No Work shall be done at the site prior to the preconstruction conference without the OWNER's approval. Before undertaking each part of the Work, the CONTRACTOR shall carefully study and compare the Contract Documents and check and verify pertinent figures shown thereon and all applicable field measurements. The CONTRACTOR shall promptly report in writing to Owner's Representative any conflict, error, ambiguity or discrepancy which the CONTRACTOR may discover and shall obtain a written interpretation or clarification from Owners Representative before proceeding with any Work affected thereby. The CONTRACTOR shall be liable to the OWNER for failure to report any conflict, error, ambiguity or discrepancy in the Contract Documents of which the CONTRACTOR knew or reasonably should have known, 2.4.2 The CONTRACTOR shall submit the following to Owner's Representative for review and approval no later than the preconstruction conference: .1 a preliminary progress schedule indicating the times (number of days or dates) for starting and completing the various stages of the Work, including any Milestones specified in the Contract Documents, identifying when all Subcontractors will be utilized, and taking into consideration any limitations on Working Hours; .2 a preliminary schedule of Shop Drawing and sample submittals', .3 a preliminary schedule of values for all of the Work, subdivided into component parts in sufficient detail to serve as the basis for progress payments during construction. Such prices will include an appropriate amount of overhead and profit applicable to each item of Work. The preliminary schedule of values submitted by the CONTRACTOR should include a reasonable estimation of value of each item included and shall not contain disproportionate values assigned to any item or items; .4 a letter designating CONTRACTOR's Superintendent; .5 a letter from the CONTRACTOR and Subcontractor(s) listing any salaried specialists; ,6 if applicable, a letter designating the "Competent Person(s)" on general safety and trench safety measures; I if applicable, a trench safety system plan-, ,8 if applicable, a plan illustrating proposed locations of temporary facilities; .9 if applicable, a traffic control plan; .10 a completed Non-Use of Asbestos Affidavit (Prior to Construction); and .11 if applicable, a letter designating the Texas Registered Professional Land Surveyor for layout of the Work. 2,5 Preconstruction Conference: Prior to commencement of Work at the site,a preconstruction conference attended by the CONTRACTOR, Owner's Representative and others will be held. 00700 04-2020 Page 6 General Conditions 2.6 Initially Acceptable Schedules: Unless otherwise provided in the Contract Documents, the CONTRACTOR shall obtain approval of Owner's Representative on final versions of the schedules submitted in accordance with paragraph 2.4.2 before the first progress payment will be made to the CONTRACTOR. The progress schedule must provide for an orderly progression of the Work to completion within any specified Milestones and Contract Times. Acceptance of the schedule by Owner's Representative will neither impose on Owner's Representative responsibility for the sequencing, scheduling or progress of the Work nor interfere with or relieve the CONTRACTOR from the CONTRACTOR's full responsibility therefor. The CONTRACTOR's schedule of Shop Drawings and sample submissions must provide an arrangement agreeable to the parties for reviewing and processing the required submittals. 17 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. 2.71 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 AMENDINGREUSE 3.1 Intent: 31.1 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.f„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. 3.12 In addition, the requirements of the Contract Documents may be supplemented, and minor variations and deviations in the Work may be authorized, in one or more of the following ways: .1 Field Order, .2 Review of a Shop Drawing or sample. .3 Written interpretation or clarification, 3.4 Reuse of Documents Prohibited: The CONTRACTOR and any Subcontractor or Supplier or other person or organization performing or furnishing any of the Work under a direct or indirect contract with the OWNER: (i) shall not have or acquire any title to or ownership rights in any of the Drawings, Specifications or other documents (or copies of any thereof) prepared by or bearing the seal of E/A or E/A's consultants, and (ii) shall not reuse any of such Drawings, Specifications, other documents or copies on extensions of the Project or any other project without written consent of the OWNER and E/& ARTICLE 4- V IL SILITY OF LAN FERENCEP OINTS 41 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 fac-flifies 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: 4.2A The CONTRACTOR hereby covenants that it has examined the site of the proposed Work and is famHar 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 physica[ 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 Owners 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. 43 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. 4.41 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. 51.10 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. 53 Contractor Insurance Requirements: For specific bond requirements and additional insurance requirements, refer to the Supplemental General Conditions. 53.11.1 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, 6,3.1.2 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 5,41 General. A 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��% of the Contract Amount following the one year warranty period. .3 If the Contract Amount is less than or equal to $25,000, CONTRACTOR will not be required to furnish a Performance Bond; provided that no money will be paid to CONTRACTOR until completion and acceptance of the Work by OWNER under the following terms and conditions'. CONTRACTOR shall be entitled to receive 95%of the Contract Amount following Final Completion, and the remaining%of the Contract Amount following the one year warranty period. .4 If a Performance Bond is required to be furnished, it shall extend for the one year warranty period. 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 5.4.23. 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 alill 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: 6,4A 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 Linder 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, 6.43 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: 6.51 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: 61.1 The CONTRACTOR shall give all notices and comply with all laws and regulations appJicable to furnishing and performing the Work. Except where otherwise expressly required by applicable laws and regulations, neither the OWNER nor E/A shall be responsible for monitoring the CONTRACTOR's compliance with any laws and regulations. 6.7.2 The CONTRACTOR shall plan and execute its operations in compliance with all applicable Federal, State and local laws and regulations, including those concerning control and abatement of water pollution and prevention and control of air pollution. 6.7.3 If the CONTRACTOR performs any Work that it is contrary to laws or regulations, then the CONTRACTOR shall bear and shall indemnify, defend and hold OWNER harmless from all claims, costs, losses and damages arising therefrom; however, it shall not be the CONTRACTOR's primary responsibility to make certain that the Specifications and Drawings are in accordance with laws and regulations, but this does not relieve the CONTRACTOR of the CONTRACTOR's obligations under Article 3, 6.8 Taxes: 6.8.1 The CONTRACTOR shall pay all sales, consumer, use and other similar taxes required to be paid by the CONTRACTOR in accordance with the laws and regulations of the State of Texas. 00700 04-2020 Page 19 General Conditions 6. .2 The OWNER is an exempt organization as defined by Chapter 11 of the Property Tax Code of Texas and is thereby exempt from payment of Sales Tax under Chapter 151, Limited Use Sales, Excise and Use Tax, Texas Tax Code, and Chapter 321, Texas Tax Code. 6.9 Use of Premises: 6.9.1 The CONTRACTOR shall confine construction equipment, the storage of materials and equipment and the operations of workers to the site and land and areas identified in and permitted by the Contract Documents and other land and areas permitted by laws and regulations, rights-of-way, permits and easements, and shall not unreasonably encumber the premises with construction equipment or other materials or equipment, The CONTRACTOR shall assume full responsibility for any damage to any such land or area, or to the owner or occupant thereof or of any adjacent land or areas, resulting from the performance of the Work. Should any claim be made by any such owner or occupant because of the performance of the Work, the CONTRACTOR shall promptly settle with such other party by negotiation or otherwise resolve the claim by dispute resolution proceeding or at law. The CONTRACTOR shall indemnify,defend and hold harmless the OWNER, E/A, E/A's consultants and anyone directly or indirectly employed by any of them from and against all claims, costs, losses and damages (including court costs and reasonable attorneys' fees) arising out of or resulting from any claim or action, legal or equitable, brought by any such owner or occupant against the OWNER, E/A or any other party indemnified hereunder to the extent caused by or based upon performance of the Work or failure to perform the Work. 6.9,2 During the progress of the Work and on a daily basis, the CONTRACTOR shall keep the premises free from accumulations of waste materials, rubbish and other debris resulting from the Work. At the completion of the Work, the CONTRACTOR shall remove all waste materials, rubbish and debris from and about the premises as well as all tools, appliances, construction equipment and machinery and surplus materials, The CONTRACTOR shall leave the site clean and ready for occupancy by the OWNER at Substantial Completion of the Work. The CONTRACTOR shall, at a minimum, restore to original condition all property not designated for alteration by the Contact Documents. 6.9.3 The CONTRACTOR shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall the CONTRACTOR subject any part of the Work or adjacent property to stresses or pressures that will endanger it. 6.10 Record Documents: The CONTRACTOR shall maintain in a safe place at the site, or other location acceptable to the OWNER, one (1) record copy of all Drawings, Specifications, Addenda, Change Orders, Change Directives, Field Orders and written interpretations and clarifications (issued pursuant to paragraph 9.5) in good order and annotated to show all changes made during construction. These record documents, together with all final samples and all final Shop Drawings,will be available to the OWNER and E/A for reference during performance of the Work. Upon Substantial Completion of the Work, these record documents, samples and Shop Drawings showing the final "as built" construction of the Project shall be promptly delivered to Owners 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 maybe 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. Alll 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 Owners 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. 614 Indemnification: 00700 04-2020 Page 22 General Conditions 6.14.1 TO THE FULLEST EXTENT PERMITTED BYLAW,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 EIA (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 Lasses 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. 73 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 tirned 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 ether contractor or utility owner against CONTRACTOR, OWNER, or EIA, 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 LD HARMLESS THE INDEMNIFIED PARTIES, INCLUDING, UT NOT LIMITED TO THE E/A FROM AND AGAINST ANY SUCH CLAIMS, I ST ALL COSTS,LOSSES, ES(INCLUDING BUT NOT LIMITED TO ALL FEES AND CHARGES OF ENGINEERS, ARCHITECTS, ATTORNEYS, AND OTHER PROFESSIONALS L COURT OR ARBITRATIONOTHER IS T RESOLUTION COSTS) ARISING OUT OF OR RELATINGTO SUCH E, DELAY, DISRUPTION, OR INTERFERENCE, ARTICLE 8 -OWNER'S RESPONSIBILITIES 8.1 Prior to the stark 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,. .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, EfA or any other person or entity acting on behalf of the OWNER or the EfA 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 S AT I G CONSTRUCTION 9.1 EfA's Authority and Responsibilities: 9.1.1 The duties and responsibilities and the limitations of authority of EPA during construction are set forth in the Contract. Documents and shall not be extended without written consent of the OWNER and EfA. 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 EA 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. 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 on ly 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. 92 E/A as Owner's Representative: 91.1 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 rnade 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. 9A 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 91 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 Owners Representative and will be binding on the OWNER and the CONTRACTOR, If the OWNER or the 00700 04-2020 Page 25 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 1Z M Rejecting Defective Work: E/A may recommend that the OWNER disapprove or reject Work which EPA 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, ARTICLE10 -CHH BIN THE WORK 10.1 Changes- 10.1.1 Without invalidating the Contract and without notice to any surety, the OWNER, at anytime or from time to time, may order additions, deletions or revisions in the Work. Such changes in the Work will be authorized by Change Order, Change Directive or Field Order. 10.1.2 Changes in the Work shall be performed under applicable provisions of the Contract Documents, and the CONTRACTOR shall proceed promptly, unless otherwise provided in the Change Order, Change Directive or Field Order. 10.1.3 The CONTRACTOR shall not be entitled to an increase in the Contract Amount or an extension of the Contract Times with respect to any Work performed that is not required by the Contract Documents as amended, modified and supplemented as provided in paragraph 3.3.1 and paragraph 3.3.2, except in the case of an emergency as provided in paragraph 6.11.5 or in the case of uncovering Work as provided in paragraph 13.4. 10.1.4 Except in the case of an emergency as provided in paragraph 6.11.5, a Change Order or Change Directive is required before the CONTRACTOR commences any activities associated with a change in the Work which, in the CONTRACTOR 's opinion,will result in a change in the Contract Amount and/or Contract Times. 10.1.5 If notice of any change affecting the general scope of the Work or the provisions of the Contract Documents (including, but not limited to, Contract Amount or Contract Times) is required by the provisions of any Bond to be given to a surety, the giving of any such notice will be the CONTRACTOR's responsibility, and the amount of each applicable Bond will be adjusted accordingly. 10.2 Change Orders: 10.2.1 The OWNER and the CONTRACTOR shall execute appropriate written Change Orders covering: A a change in the Work; .2 the amount of the adjustment in the Contract Amount, if any; and ,3 the extent of the adjustment in the Contract Time, if any. 10.2.2 An executed Change Order shall represent the complete, equitable, and final amount of adjustment in the Contract Amount and/or Contract Time owed to the CONTRACTOR or the OWNER as a result of the occurrence or event causing the change in the Work encompassed by the Change Order. 10.3 Change Directives: 10-3.1 The OWNER may by written Change Directive,without invalidating the Contract,order changes in the Work within the general scope of the Contract consisting of additions, deletions or other revisions, the Contract Amount 00700 04-2020 Page 27 General Conditions and Contract Time being adjusted as necessary. A Change Directive shall be used in the absence of complete and prompt agreement on the terms of a Change Order. 10.3.2 If the Change Directive provides for an adjustment to the Contract Amount, the adjustment shall be based on the method provided for in paragraph 11.5, 10.3.3 A Change Directive shall be recorded later by preparation and execution of an appropriate Change Order, 10.3.4 Upon receipt of a Change Directive, CONTRACTOR shall promptly proceed with the change in the Work involved. 10.4 Field Order: 10.4.1 Owner's Representative may authorize minor variations in the Work from the requirements of the Contract Documents which do not involve an adjustment in the Contract Amount or the Contract Times and are compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. These shall be accomplished by written Field Order and shall be binding on the OWNER and on the CONTRACTOR who shall perform the Work involved promptly. 10.41 If the CONTRACTOR believes that a Field Order would require an adjustment in the Contract Amount and/or Contract Times, the CONTRACTOR shall make written request to Owner's Representative for a Change Order. Any request by the CONTRACTOR for an adjustment in Contract Amount and/or Contract Times shall be made in writing prior to beginning the work covered by the Field Order. 10.5 No Damages for Delay: Except as otherwise provided in the Contract Documents, the CONTRACTOR shall receive no compensation for delays or hindrances to the Work. If delay is caused by specific orders given by the OWNER to stop Work for reasons for which the CONTRACTOR is not responsible, or such delay is not caused by active interference in the Work by OWNER for reasons for which the CONTRACTOR is not responsible, then such delay will entitle the CONTRACTOR only to an equivalent extension of time, the CONTRACTOR's application for which shall, however, be Subject to approval of the OWNER. No such extension of time shall release the CONTRACTOR or surety on its performance bond from all the CONTRACTOR's obligations hereunder which shall remain in full force until discharge of the Contract. ARTICLE 11 -CHANGE OF CONTRACT AMOUNT 11.1 The Contract Amount is stated in the Agreement and, including authorized adjustments, is the total amount payable by the OWNER to the CONTRACTOR for performance of the Work under the Contract Documents. 111 The original Contract Amount may not be increased by more than twenty-five percent(25%)and it may not be decreased more than twenty-five percent(25%)without the consent of the CONTRACTOR to such decrease. 11.3 The Contract Amount shall only be changed by a Change Order. Any claim for an adjustment in the Contract Amount shall be made by Written Notice delivered by the party making the Claim to the other party promptly (but in no event later than thirty(30)calendar days)after the start of the occurrence or event giving rise to the Claim and stating the general nature of the Claim. Notice of the amount of the Claim with supporting data shall be delivered within thirty (30)calendar days after Written Notice of Claim is delivered by claimant, and shall represent that the adjustment claimed covers all known amounts to which claimant is entitled as a result of said occurrence or event. If the OWNER and the CONTRACTOR cannot otherwise agree, all Claims for adjustment in the Contract Amount shall be determined as set out in Article 16, 11.4 Determination of Value of Work: 00700 04-2020 Page 28 General Conditions 11.4,11 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 it Price Work: 11.6.1 Where the Contract Documents provide that all or part of the Work is to be unit price Work, initially the Contract Amount will be deemed to include for all unit price work an amount equal to the sum of the established unit price for each separately identified item of unit price work times the estimated quantity of each item as indicated in the Bid. The estimated quantities of items of unit price work are not guaranteed and are solely for the purpose of comparison of Bids and determining an initial Contract Amount. Determinations of the actual quantities and classifications of unit price work performed by the CONTRACTOR will be made by Owner's Representative. Owner's Representative will review with the CONTRACTOR the preliminary determinations on such matters before rendering a written decision thereon (by recommendation of an Application for Payment or otherwise). 11.6.2 When "plan quantity" is indicated for a bid item, the CONTRACTOR shall be paid the amount specified in the Contract Documents without any measurements. 11.6.3 Each unit price will be deemed to include an amount considered by the CONTRACTOR to be adequate to cover the CONTRACTOR's overhead and profit for each separately identified item. 11.6.4 A Major Item is any individual bid item in the Bid that has a total cost equal to or greater than five percent (5%) of the original Contract Amount or $50,000, whichever is greater, computed on the basis of bid quantities and Contract unit prices. 11.6.5 The OWNER or the CONTRACTOR may make a Claim for an adjustment in the Contract Amount in accordance with Article 11 if: .1 the actual quantity of any Major Item should become as much as twenty percent (20%) more than or twenty percent(20%) less than in the Bid; or .2 The CONTRACTOR presents proper documentation contesting the accuracy of "plan quantity," and Owner's Representative verifies quantity and determines original quantity is in error by five percent (5%)or more. 11.6,6 Right to Verify Information: The CONTRACTOR agrees that any designated representative of the OWNER shall have the right to examine the CONTRACTOR's records to verify the accuracy and appropriateness of the pricmg 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. 111.6.7 Pricing Information Requirements: "T"he CONTRACTOR agrees to provide and require all subcontractors to provide a breakdown of allowable labor and Iabor burden cost information as outlined herein. This information will be used to evaluate the potential cost of labor and labor burden related to change order work. It is intended that this information represent an accurate estimate of the CONTRACTOR's actual labor and labor burden cost components. This information is not intended to establish fixed billing or change order pricing labor rates. However, at the time change orders are priced the submitted cost data for labor rates may be used to price change order work. The accuracy of any such agreed-upon labor cost components used to price change orders will be subject to later audit,, Approved change order amounts may be adjusted later to correct the impact of inaccurate labor cost components if the agreed-upon labor cost components are determined to be inaccurate. ARTICLE 12 - CHANGE OF CONTRACT TIMES 12.1 Working Day and Calendar Day Contracts: 12.1.1 The Contract Times (or Milestones) shall only be changed by Change Order or Time Extension Request duly executed by both the CONTRACTOR and Owner's Representative. Any claim for an adjustment of the Contract Times(or Milestones)shall be made by Written Notice delivered by the party making the Claim to the other 00700 04-2020 Page 30 General Conditions party promptly(but in no event later than thirty(30)calendar days)after the start of the occurrence or event giving rise to the delay and stating the general nature of the delay. Notice of the extent of the delay with supporting data shall be delivered within thirty (30) calendar days after Written Notice of Claim is delivered by claimant, and shall represent that the adjustment claimed is the entire adjustment to which claimant is entitled as a result of said occurrence or event. If the OWNER and the CONTRACTOR cannot otherwise agree, all Claims for adjustment in the Contract Times (or Milestones)shall be determined as set out in Article 16. No Claim for an adjustment in the Contract Times (or Milestones)will be valid if not submitted in accordance with the requirements of this paragraph. 12.1.2 When the CONTRACTOR is at fault and the OWNER stops the Work so that corrections in the Work can be made by the CONTRACTOR, then no extension in time will be allowed. 12.1.3 When the CONTRACTOR is prevented from completing any part of the Work within the Contract Times (or Milestones) due to delay for which the CONTRACTOR is not responsible, an extension of the Contract Times (or Milestones)in an amount equal to the time lost due to such delay will be considered by OWNER. Any extension of the Contract Time shall be the CONTRACTOR's sole and exclusive remedy for such delay, However, adverse weather shall not be considered justification for extension of Contract Times on Calendar Day contracts, except as provided for in paragraph 12.2. 12.1.4 The OWNER will consider time extension requests and may grant the CONTRACTOR an extension of time because of: .1 Changes ordered in the Work which justify additional time. .2 Failure of materials or products being at the Project site due to delays in transportation or failures of Suppliers, for which the CONTRACTOR, a Subcontractor or a Supplier is not responsible, The request for an extension of time shall be supported by a recitation of acts demonstrating that such delays were beyond the control of the CONTRACTOR, a Subcontractor or a Supplier including but not limited to, the CONTRACTOR's, the Subcontractor's or the Supplier's efforts to overcome such delays documented as follows: a) Copy of purchase order for delayed item(s) indicating date ordered by the CONTRACTOR/Subcontractor and date purchase order received by Supplier. b) If item(s) require Shop Drawings or other submittal information in accordance with the Contract Documents, provide record of date submittal(s) forwarded to Owner's Representative, date submittal(s) returned to the CONTRACTOR, and date submittal(s)forwarded to Supplier. c) Copy of document(s) from Supplier, on Supplier's letterhead, indicating date(s) item(s) would be ready for shipment and/or actual shipment date(s). d) Copies of all correspondence between the CONTRACTOR/Subcontractor and Supplier indicating the CONTRACTOR/Subcontractor's efforts to expedite item(s). e) If item(s) are being purchased by a Subcontractor, provision of meeting notes, correspondence, and the like which reflect the CONTRACTOR's efforts with the Subcontractor to expedite delivery of the item(s). .3 When acts of the OWNER, E/A, utility owners or other contractors employed by the OWNER delay progress of work through no fault of the CONTRACTOR. .4 When the CONTRACTOR is delayed by strikes, lockouts, fires, losses from natural causes, or other unavoidable cause or causes beyond the CONTRACTOR's control. 12.2 Calendar Day Contracts: 00700 04-2020 Page 31 General Conditions Under a Calendar Day Contract, the CONTRACTOR may also be granted an extension of time because of unusual inclement weather that is beyond the normal weather expected for the Williamson and Travis Counties, Texas area. Normal weather which prevents the CONTRACTOR from performing Work is expected during a Calendar Day Contract, and is not a justification for an extension of time. The following delineates the number of days per month for which, for purposes of Calendar Day Contracts, expected normal weather will prevent performance of Work: January... 7 days February... 7 days March...... ...... 7 days April............................... 7 days May....---.....—........ 8 days June......... 6 days July...... 6 days August............... 5 days September...... ...... 7 days October...-............. 7 days November........ ............ 7 days December....... -.... 7 days Days per month exceeding the number shown above may be credited as Rain Days if a Claim is made in accordance with paragraph 12.1.1 and meets the following definition: a"Rain Day" is any day in which a weather event occurs at the site and is sufficient to prevent the CONTRACTOR from performing units of Work critical to maintaining the project schedule during the entire day. ARTICLE 13-TESTS AND INSPECT TIVE WORK 13,1 Notice of Defects: Prompt notice of all defective Work of which the OWNER or E/A has actual knowledge w=ill 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 13.13 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 Owners Representative, be uncovered and recovered at the CONTRACTOR's expense. 13.4.2 If Owners Representative considers it necessary or advisable that covered Work be observed, inspected or tested, the CONTRACTOR shall uncover, expose or otherwise make available for observation, inspection or testing that portion of the Work in question, furnishing all necessary labor, material and equipment. If it is found that such Work is defective, the CONTRACTOR shall pay all claims, costs, losses and damages caused by, arising out of or resulting from such uncovering, exposure, observation, inspection and testing and of satisfactory replacement or reconstruction (including but not limited to all costs of repair or replacement of work of others); and the OWNER shall be entitled to an appropriate decrease in the Contract Amount, and may make a Claim therefor as provided in Article 11. If, however, such Work is not found to be defective, the CONTRACTOR shall be allowed an increase in the Contract Amount or an extension of the Contract Times (or Milestones), or both, directly attributable to such uncovering, exposure, observation, inspection, testing, replacement and reconstruction; and the CONTRACTOR may make a Claim therefor as provided in Article 11 and Article 12. 13.5 OWNER May Stop the Work: 13.5.1 If the Work is defective, or the CONTRACTOR fails to supply sufficient skilled workers or suitable materials or equipment, or fails to furnish or perform the Work in such a way that the completed Work will conform to the Contract Documents, the OWNER may order the CONTRACTOR to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, this right of the OWNER to stop the Work shall not give rise to any duty on the part of the OWNER to exercise this right for the benefit of the CONTRACTOR or any surety or other party. 13.5.2 If the CONTRACTOR fails to correct defective Work or submit a satisfactory plan to take corrective action, with procedure and time schedule, the OWNER may order the CONTRACTOR to stop the Work, or any portion thereof, until cause for such order has been eliminated,or take any other action permitted by this Contract. A notice to stop the Work, based on defects, shall not stop calendar or working days charged to the Project. 00700 04-2020 Page 33 General Conditions 13.6 Correction or Removal of Defective Work: If required by the OWNER, the CONTRACTOR shall promptly,as directed,either correct all defective Work,whether or not fabricated, installed or completed, or, if the Work has been rejected by Owner's Representative, remove it from the site and replace it with Work that is not defective. The CONTRACTOR shall correct or remove and replace defective Work, or submit a plan of action detailing how the deficiency will be corrected, within the time frame identified in the notice of defective Work. The CONTRACTOR shall pay all claims, costs, losses and damages caused by or resulting from such correction or removal(including but not limited to all costs of repair or replacement of work of others), including but not limited to all consultant, engineering, expert and attorney's fees incurred by the OWNER as a result of such defective work or as necessary for OWNER to investigate such defective Work and/or to determine the appropriate means or methods to address or correct such defective Work. The OWNER shall have the right, in OWNER's sole discretion, to have the E/A or other consultant specify the means and methods that will be followed to correct or address any defective Work. If the OWNER specifies a means or method by which the defective Work will be addressed or corrected, the CONTRACTOR shall perform the specified work necessary to address or correct the defective Work at CONTRACTOR's sole cost and expense. 13.7 Warranty period: 13.7.1 If, at anytime after the date of Substantial Completion or such longer period of time as maybe prescribed by laws or regulations or by the terms of any applicable special guarantee required by the Contract Documents or by any specific provision of the Contract Documents, any Work is found to be defective, the CONTRACTOR shall promptly, without cost to the OWNER and in accordance with the OWNER's written instructions: (i) correct such defective Work, or, if it has been rejected by the OWNER, remove it from the site and replace it with Work that is not defective, and (ii) satisfactorily correct or remove and replace any damage to other Work or the work of others resulting therefrom. If the CONTRACTOR does not promptly comply with the terms of such instructions, or in an emergency where delay would cause serious risk of loss or darnage, the OWNER may have the defective Work corrected or the rejected Work removed and replaced, and all claims, costs, losses and damages caused by or resulting from such removal and replacement (including but not limited to all costs of repair or replacement of work of others and all consultant, expert and attorney's fees incurred by OWNER)will be paid by the CONTRACTOR. 13.7,2 In special circumstances where a particular item of equipment is placed in continuous service before Substantial Completion of all the Work, the warranty period for that item may start to run from an earlier date if so provided in the Contract Documents and agreed to by OWNER. 13.8 OWNER May Correct Defective Work: If the CONTRACTOR fails within a reasonable time after Written Notice of the OWNER to correct defective Work, or to remove and replace rejected Work, or if the CONTRACTOR fails to perform the Work in accordance with the Contract Documents, or if the CONTRACTOR fails to comply with any other provision of the Contract Documents, the OWNER may, after seven (7) calendar days` Written Notice to the CONTRACTOR, correct and remedy any such deficiency. If, in the opinion of Owner's Representative, significant progress has not been made during this seven(7)calendar day period to correct the deficiency,the OWNER may exercise any actions necessary to remedy the deficiency. In exercising the rights and remedies under this paragraph,the OWNER shall proceed expeditiously. In connection with such corrective and remedial action, the OWNER may exclude the CONTRACTOR from all or part of the site, take possession of all or part of the Work, and suspend the CONTRACTOR's services related thereto, and incorporate in the Work all materials and equipment stored at the site or for which the OWNER has paid the CONTRACTOR but which are stored elsewhere, The CONTRACTOR shall allow the OWNER, its agents and employees,the OWNER's other contractors, E/A and E/A's consultants access to the site to enable the OWNER to exercise the rights and remedies under this paragraph. All claims, costs, losses and damages incurred or sustained by the OWNER in exercising such rights and remedies will be charged against the CONTRACTOR and a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the 00700 04-2020 Page 34 General Conditions Work. Such claims, costs, losses and damages will include but not be limited to all costs of repair or replacement of work of others destroyed or damaged by correction, removal or replacement of the CONTRACTOR's defective Work and any and all consultant, expert and attorneys fees incurred by OWNER as a result of OWNER's correction of defective WORD. The CONTRACTOR shall not be allowed an extension of the Contract Times (orMilestones), or claims of damage because of any delay in the performance of the Work attributable to the exercise by the OWNER of the OWNER's rights and remedies hereunder. 13.E ACCEPTANCE OF DEFECTIVE If, instead of requiring correction or removal and replacement of defective Work„ OWNER prefers to accept it, OWNER may do so. CONTRACTOR shall pay all claims, costs, losses„ and damages attributable to 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 Werk 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 1 a PAYMENTS TO CONTRACTOR 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 1 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 A2 failure of the CONTRACTOR to comply with any provision of the Contract Documents. A3 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 un 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 Owners 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, 114.8 Partial Utilization: The OWNER, at the OWNER's sole option, shall have the right to take possession of and use any completed or partially completed portion of the Work regardless of the time for completing the entire Work, The OWNER's exercise of such use and possession shall not be construed to mean that the OWNER acknowledges that any part of the Work so possessed and used is substantially complete or that it is accepted by OWNER, and the OWNER's exercise of such use and possession shall not relieve the CONTRACTOR of its responsibility to complete all Work in accordance with the Contract Documents. 14.9 Final Inspection: Upon Written Notice from the CONTRACTOR that the entire Work or an agreed portion thereof is complete, Owner's Representative will make a final inspection with the CONTRACTOR and provide Written Notice of all particulars in which this inspection reveals that the Work is incomplete or defective. The CONTRACTOR shall immediately take such measures as are necessary to complete such Work or remedy such deficiencies. 14.10 Final Application for Payment. The CONTRACTOR may make application for final payment following the procedure for progress payments after the CONTRACTOR has completed all such corrections to the satisfaction of Owner's Representative and delivered the following documents: A 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, Owners Representative is satisfied that the Work has been completed and the CONTRACTOR's other obligations Linder 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 or 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 J 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,&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 Wratten 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 Dspute 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. E I ach 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, setttement, 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 frorn 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 cornply 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. 17A.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 un any way as a Imitation of any rights and remedies available to any or ail of them which are otherwise imposed or available by laws or regulations, by specdal 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 Page43 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 Page44 General Conditions 00800 SUPPLEMENTAL GENERAL CONDITIONS fit �L 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 I - DEFINITIONS 116 En ineer/Architec jLE/A jjnA J: Add the following: Name (Representative): Antonio A. Prete P.E. Firm: Watilt z & Prete Inc. Address: 211 I. A,W, Grinies Blvd City, State, Zip: Round Rock. "Texas 78665 Telephone: 512 505-F3 Facsimile: N/A Email: tori c - ir�c,cor 1.27 QO Aw np ge fjs Representative: Add the following: Name: JC Monteloneo Title: PrRjq�! �� er/Ejj' Address: 3400 Sunrise Road City, State, Zip: Round Rock "Texas 7806-5 Telephone: 1,5�IM18�-7026�� Facsimile: N/A Email: ARTICLE 6 -CONTRACTOR'S RESPONSIBILITIES 6.18 Liquidated Damages Add the following: 1. CONTRACTOR SHALL PAY LIQUIDATED DAMAGES IN THE AMOUNT OF Six hundred and ten AND N01100 DOLLARS $_6 10.00 PER DAY FOR EACH EW-BEYOND THE DATE ESTABLISHED THEREFOR THAT THE CONTRACTOR FAILS TO ACHIEVE SUBSTANTIAL COMPLETION, AND FOR WHICH OWNER IS UNABLE TO UTILIZE THE IMPROVEMENTS AND FACILITIES DUE TO THE FAILURE OF CONTRACTOR TO HAVE ACHIEVED SUBSTANTIAL COMPLETION IN ACCORDANCE WITH THE CONTRACT. END OF SUPPLEMENTAL GENERAL CONDITIONS Page ] 00800 d 0,20 15 SLqqflcmewA Gwnual Condaimis 00090609 00900 SPECIAL CONDITIONS SECT'JON 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 hirmsh 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 to[,obtaining a bulk water permit fi-orn 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 lot-all water used if it is found that waste is occurring during construction. SECT'ION 02-SPECIAL CONSIDERATIONS 2® 1 CROSSING UTILITIES Prior to coninicticing the Work associated with this Contract, it shall be the CONTRACTOR's responsibility to make arrangements with the owners of utility companies to Lincover their particular utility lines or otherwise confirm their location. Certain utility companies perform such set-vices 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 urILITY SERVICES FOR CONSTRUCTION The CONTRACTOR. will be responsible for providing its own utility services while performing the Work associated with this Contract. Provision of said utility services shall be Subsidiary to the various bid items and no additional payment will be made for this item. 00900-4.2020 Page I Special Conditions 00443643 02-03 WAGE RATES Wage Rates (Information From Chapter 2258,Texas Government Code Title 10) 2288.021. Duty of Government Entity to Pay Prevailing Wage Rates a. The State or any political subdivision of the State strap pay a worker employed by it or oil 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 overtirric 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 Conti-actor 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 tinder this section only if the municipality has a population of rnore than 10,000. 11age 2 Speciall Cond4ions 01014364,� 2258,051. Duty of Public Body to Hear Complaints and Withhold Payment A public body awarding a contract, and an agent or-officer of the public body, shall: I take cognizance of complaints of all violations of this chapter committed in the execution of the contract; and 2. withhold money forfeited or required to be withheld under this Chapter from the payments to the Contractor under the contract, except that the public body may not withhold money from other than the final payment without determination by the public body that there is good cause to believe that the Contractor has violated this chapter. Applicable wage rates to be used in Williamson and/or Travis County may be obtained from the U.S. Department of Labor website at the following web addresses: Construction Types: Heavy (Sewer/Water Treating Plant and Sewer/Incidental to Highway) hw) 0 Construction Types: Heavy and Highway httV-/_-1www.Wdqj.& Q es/davisbaoon/TXI6.dvb?v=O Construction Type: Building ILtq)-L/ visbaqpn/TX76.dvb?y.�I 02-04 LIMIT OF FINANCIAL R.ESOUACES 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 re(]Llired 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&,,tmages or anticipated profits oil 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 PAVMENT 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 101 Up to the interpretation of the E/A, 00900-4-2020 Page 3 a,pec condt6m' 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 [arid and access thereto that may be required for his construction operations, temporary construction facilities, or for storage of materials, 02-07 DEVIATIONS OCCASIONED BY UTILFFY STRUC'FURES 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 arid 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 tiecessaty 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. 00900A-2020 Page 4 Speciai condi6ons 00443643 SECTION 03-ACCESS AND 'I'RAFFIC CONTROL Access shall be provided for the public and emergency vehicles at all possible tinges.. 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 CON°l RACTOR. 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. ncrm 04-UTILITY BUILDING DRIVE THRU DEMOLITION Derriolition exhibits are attached directly behind this page, 100900-4 21020 Page 5 Spe6afl C"Ondiur.w� 100443643 r rl fit✓ IJf �� iw � �� »i j r Rr� � ✓ I U E "T�II $� HER ,W)Va � r/� T�Wjv��, r�/rr (6l r ✓�I )/ri/t kr� � � E E3 ESE. ANr_ ,w 1)E;NOTES UUTEi� N yr i ECS USE: REMOV jjl T � 1 r F 6rJ irlloilG� f✓✓r"1/�i t � r ill I' Iti i i, i, ✓, ,yrs ,�IY7C� � �� I V � i. o0''1!u. �� I� o�NI r luu CTEE:Uv4C� Ilrv.�T1PE.� a® NOTE. TO CONTRACTOR: 1 . REFERENCE NCE SHEET C-1 "E. E A DAD AVE PUBLIC a IMPROVEMENTS" PLANS FOR ADDITIONAL INFORMATION. s.„ . REMOVAL OF BOLLARDS,, LANDSCAPE ROCKS, SIGN, DRIVE THRU LANE, AND OTHER APPERTUNANCES ARE SUBSI ARY �<m TO BID ITEM HH'101 — PREPARING THE NIGHT OF WAY. UTILITY BUILDING DRIVE —1HW,I �r DEMOLITION LIMITS PC SIA:I;I._...T Z cc P I .N...I..."I::I , I :::fi m m CIVIL....... ENGI,NEEFRS IC & . , 0 DVa1EOI ION FURNISHED YGARDING THIS I CR ERTY IS FROM SOG3YOEs 21 4 YRW GRIMES YY6.EPE0RJ � HOWEVER,WALL N RCAEINC. HAS NOT INDEPENM:NTLY CqflYF -�YY�W 7h THESE SOURCES flU WF4mSr7V OR GUfRAN7ELIS M/mwl, 3Y R"OrND ROCK, RY 76695 PH Tit l ND 501543953 YCc)YdYN �.��V�A VIIN�INA11If fl"€�4YVY11GA'R,VN��v'OI IEPI G. E11141 IANYIC 'REGIJ TORYA IPROVNFORMATION SHWNAN ��ridGtt�Y� 3•"IRIA X,R .#F".10O011 �k sr. REMAIN *a1 WAL IK �I yp' ) a�rvF LYI 0 � ,s M REMOVE aw.Ah DSCANI9 Y(s A94V: OCKSffi`a�a��U64�Bf OF REOVAa... (aY�.y kr, EXISTING $I[DEWAII..K.a"o REMAIN cl ca E NOTE TO CONTRACTOR: 1. REFERENCE NCE HEEM,T -11 "Pa BAGDAD AVE PUBLIC IMPROVEMENTS" PL_ S FOR DDITIONAL INFORMATION, ICT, . REMOVAL CSF- BOLLARDS, LANDSCAPE ROC KS, SIGN, (DRIVE T..HRU LANE AND OTHER PPPRTU Com : ARE SUBSIDARY TO BID ITEM RR101 _ PREPARING THE RIGHT OF WAY. UTILITY BUILDING DRW T I-1FTU DEMOLITION LIMITS IT GiCIVIL ENGINEERS X ALL INFORMATION FURNISHED REGARDING 1111:9 PRC7F'FR'T'b' IS FROM SCUT'CES � P � 2 t 1 N. A.WJ.GRIMES k t.VD. x DEEMED RELIABLE, HOWJEVER'V�WAIEET'Z TW PRL"TE, INC, HAS NU'T'INOEPENDEN'TLY ROUND}du ff,°TX.'/8661.5 ai VERIFIED ANY OF THESE.SOURCES, NO WARRANTY OR GUARANTEE IS MATE BY T:s M1PAAGLTZ N FRk;TE INC, AS TO THE Aa;C;UF2Ati,Yf TT11C IINk<kRd+eMATkC'aN STTCDVWN OR PH(512)5015-8953 CONCEPTUAL INNATURE AND DOES NOT REPRESEN'T'ANYREGULA'TORY ATaF'F2OVAL„ T��dGhW�� FIRM'r RE.:C. #F'- ESC, PiTO BE E:UE:NDD'T E:S'DTREE REMP':NE D 10 BE REMOVED (`IC`s"k ) SIGN T ED BE REMOVED I F k I � n a I wY u�6 I Al r,iaN l" �� ,r, i i��N� �//II R G?'N 1 /Ile. . /,i,r{r � � %„c„Ifi,/ /,,,G/! 1" h l/lLd1/��fj°i1,�✓ „h,�1>a,xr�� n 1 r,ri i n, /i.,. i,��P.J 1 � .�/,'! � � r ��irL, � �irr,,,,..J/,i✓., ., , � ; r. ,.�,.., � i ��ii it%iii/��e° i„ e� �✓niiiii�� l�Il/��r��rh�� //�'�� ! Bio Oi, ,....i��i,.✓ / i i ��ii J., ,�p,��I Pl�i� ail in i,dVP I��@( �,�,��j% !>%�%�/i/�//��/�� . W�wwwwwwwww� BOIILLARDS' &0-fHER APP.,Em¢'��°C'V"4.UNANCES SALIVAGE LANDSCAPE OF REMOVAL (.P.Y,P) �I ATE TO CONTRACTOR: 1. REFERENCE SHEET _1 I °"E. BAGDAD AVE. PUBLIC I ROVEME rs- PLANS FOR ADDITIONAL INFORMATION. . REMOVAL OF BOLLARDS, LANDSCAPE ROCKS, SIGN, DRIVE P FHRU LANE AND OTHER AE EII TUII ANES ARE SUD IDAI Y TO DID ffEM RR101 - I RIEI A II G THIS RIGHTOF WAY. I'r SDP UTILITY BUILDING DRIVE TH U DEMOLITION LIMITS �2 AEL.TZ & PRETE, INC. to 6�1t CIVIL.. ENGINEERS PKK', ALL NG THIS PROPERTY IS FROM V I VN GI ANY OF THESE SOURCES,E � NO WARRANTY OR GUARAN�EL 1 MAD BY � � � F�GUNC7 RUCK, �866� 'go Q P&NSEI) IbI MBLE, ElxTrdv°EV NN WAE'ITP'R PRFTF INC.HAS NOT NICE PE NDENT�Y C f O N1 2.)505-8953 I '7 5 a WAE I rZ. A PRII..III 040 A BIT dill.. ACCURACY THE INFORMATION SHOWN IS �C�NGtta�� up 4,re aDw�c.`..I r Uk W ICNJU IIx.ANS)UOIES NOT REPRESENT ANY RFGJn ATORY APPROVAL, FIRM TX, REG.#1 1 0 300@ hw 01000 TECHNICAL SPECIFICATIONS ITEM I GENERAL DESCRIPTION 1.01 SCOPE OF WORK The Work covered by these Specifications consists of furnishing all labor, equipment, appliances, materials and performing all operations in connection with the inspection and testing, complete in accordance with the Plans, and subject to the terms and conditions of the Contract Documents. 1.02 GOVERN I NG 'FECH N ICA L SPECIFICATIONS STREE VE NTS, 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 (3y .[gqndrgcktqx&.ggLy) at the following web address:Any.rgundrocktexas.gov/dacs. Any adjustments,alterations,or additional information regarding Governing Technicat 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- 2. 1.1 LEAN-2.01.1 CONSTRUCTION SITE During construction, the CONTRACTOR shall keep the site free and clean fi-oill 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 frorn (lust, 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 sweets, due to the CONTRACTOR's operations, shall be immediately removed. Page I 0101041-1 2020 Technical specificaficnv; 0(144YA5 2. 1.2 BACKWORK The CONTRACTOR shall coordinate his operations in such a manner as to prevent the amount of clean-up and cornpletion 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 K/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. ITEAMINATIQN AND REVIEW 3.01 EXAMINATION OF WORK The work covered under this Contract shall be examined and reviewed by the E/A, representatives of all governmental entities which have jurisdiction, and the Owner's Representative. The quality of material and the quality of installation of the improvements shall be to the satisfaction of the E,'A. It shall be the CONTRACTOR's responsibility for the construction methods and safety precautions in the undertaking of this Conti-act, 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 E TC. All engineering and surveyor's stakes, marks, property coniers, 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 I the CONTRACTOR at the CONTRACTOR's sole expense. Page 2 (i 1000-4-2020 Techpkal Specifications 00,443645 ITEM 4 PROTECTION AND PRECAUTION 4.01 WORK IN FREEZING WEATHER Portions of the work may continue as directed by the &A. 4.02 PROTECTION OF �-IF�RE,E��SP L A�NTS�AND S�HR U�B S 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 MEASUREA S AND BARRICADES Traffic control measures and barricades shall be installed in accordance with tile Texas Manual of Uniform Traffic Control Devices and in other locations deemed necessary by the EIA, for the protection life and property. Under no circumstances will any existing road be permitted to remain closed over a weekend. No separate pay will be made for this item. Costs for this item shall be subsidiary to other items of work. 4.04 PROPERTY LINES AND MONUMENTS The CONTRACTOR shall be responsible for the protection, reference and resetting of property corner 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 othetwise, wherever in the specifications all article or class of material is designated by a trade name or by the name or catalog number of any make]-, 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 EIA in his sole discretion. 5.02 MATERIALS AND WORKMANSHIP No material which has beer) used by the COMIZACTOR for ally temporary pUrPOSC whatever is to be incorporated in the permanent structure without the written consent of the E,/A. Where materials or equipment arc specified by a trade or brand name, it is not, the intention of the OWNFR to discriminate against all equal product 01'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 &A will have the right to require the use of such specifically designated material, article or process. Page 4 0 11(1100-4-20120 '11'echn�cal S�iecificadons 010443645 02000 PLANS, DETAILS AND NOTES Ifapplicable, insert reference(s) to project plans; details; and notes 'See Attached Construction Plans: E. Bagdad Ave. Technical Specifications: DACS —Standard Specification Criteria Manual TxDOT— Standard Specifications for Construction & Maintenance of Highways, Streets, & Bridges (Latest Edition) *Note to Bidder— In case of conflicting Technical Specification, the more stringent specification shall. apply. . ............................................................................................................................ ....................................................... .. 03000 GEOTECHNICAL INVESTIGATION NOTETO BIDDERS: The Geotechnical Investigation attached with the Contract Documents and Specifications is intended for general information and is not warranted, The use of information contained in the Geotechnical Investigation for bidding purpose should be done at the Contractor's risk. The Contractor may elect to provide his own Geotechnical Investigation, at his sole expense. R A 1hL4 1( 113 s11111111111111111 14 uu�u R uuuuuui ll� GEOTECHNICAL ENGINEERING STUDY FOR RESIDENTIAL DEVELOPMENT SOUTHEAST INTERSECTION F EAST BAGDAD AVENUE AND SOUTH MAYS STREET ROCK,ROUND TEXAS LR A B A lf S T IIII CONSULTANTS Project No. AAA17-019-00 Raba Kistner May 12, 2017 Consultants, Inc. 8100 Cameron Road,Suite 8,150 Austin,TX 78754 Mr.David Foor www.rkcl.com Lovett Commercial P 512 339 1745 1520 Oliver Street F 512 339 6174 Houston,Texas 77007 711 Firm F-32S? RE: Geotechnical Engineering Study Residential Townhomes Development Southeast Intersection of East Bagdad Avenue and South Mays Street Round Rock, Texas Dear Mr. Foor: RABA KISTNER Consultants Inc. (RKCI) is pleased to submit the report of our Geotechnical Engineering Study for the above referenced project. This study was performed in accordance with RKCI Proposal No. PAA17-025 00, dated February 24, 2017, The purpose of this study was to drill borings within the limits of the existing developed project site, to perform laboratory testing to classify and characterize subsurface conditions, and to prepare an engineering report presenting foundation design and construction recommendations for the proposed residential townhomes development, as well as to provide pavement design and construction guidelines. The following report contains our design recommendations and considerations based on our current understanding of information provided to us at the time of this study. There may be alternatives for value engineering of the foundation and pavement systems. RKCI recommends that a meeting be held with the Owner and design team to evaluate if alternatives are available. We appreciate the opportunity to be of service to you on this project. Should you have any questions about the information presented in this report, or if we may be of additional assistance with value engineering or on the materials testing-quality control program during construction, please call. Very truly yours, RABA KISTNER CONSULTANTS, INC. 10 F'r It do 01. .............. 0 YVONNE GARCIA T H OMASo 111414 jp... '. Richard T.Shimono,E.I.T. vonne Garcia Thomas, P.E. (jII 4/CENS1E9-',, t I, e! .'(3 Graduate Engineer eGeotechnical Engineering Manager %q ONAU RTS/YGT: tic Attachments Copies Submitted: Above (1--elettronir) psArµUWOI W" GEOIDO 04/09/2014 ►San Antonio - Austin - Brownsville - Dallas - Houston . McAllen -Mexico - New Braunfels Salt Lake City GEOTECHNICAL ENGINEERING STUDY For RESIDENTIAL TOWNHOMES DEVELOPMENT SOUTHEAST INTERSECTION OF EAST BAGDAD AVENUE AND SOUTH MAYS STREET ROUND ROCK,TEXAS Prepared for LOVETT COMMERCIAL Houston,Texas Prepared by RABA KISTNER CONSULTANTS,INC. Austin,Texas PROJECT NO.AAA17-029-00 May 12, 2017 A B A KIISTISIII'` I Project No. AAA17-01 -00 May 12, 2017 TABLE OF CONTENTS� INTRODUCTION .».. ...».»,;, .....,;., ��.A..�»: .:.....:: ......... w»;,...».,;,�.......,w.»»;»;........w;;;;............�.��.�„w 1. PROJECT II ESCR,,IP'T"ION... ......,,»;....»,,,;.......w............................................. Lllllf+ IIIT TII NI UU ................................ ....... »»., ».».0 v.,,. .»,,. ,.»» .......... BORI NGS AND LABORATORYTESTS ... _ ».».. ...»». .....»..» „,»..... .. ...... ......... ..»..M,..,»..». GENERAL SITE CONDITIONS .....» ......... ....»,.,» . ..,..,,,».;... ., .......»„ .....,»,;,,........I......31 � ITF UE. CRJ,PT[ON ......... ....... T GEOLOGY,...... ., .....,. ................ ......... , ......;. ........3 SEISMIC CONW)FIPATIOINS — o....... . ......... . ...... TPATI IRA IP'H �GIR0U N[7WAT�E ......... 5, FOUNDATION ANALYSIS.......... ................... GEOLOGICAL CONSIDERATIONS.-.... .... ...... . ........ .... ..... .... ... .. .... ... .,.... ..... . ., ,.., .,,., ., .,.._.,, ,..5 EXPANSIVE SOIL-PFLATIFID MOVrMUENT rc.,. . ,.. OVIFRF XCA Afl,C)N A'ND 5,FLET F1NU, R FPLAC EMENT DRAINAGE; .. ........ FOUNDATION .......... IUG R.A D1 NG ..�,m.� �.��..,.� .� .. .. �...�. .. ..... ., .......��... FN' jIIN,FIFRFD BEAMAND SLAH FOUND ATI SIN .-............... .......�...��. Mlow�ablle Bearing Capacity-........ .. ........ . ...... ..... .......,., . 8 PTODesign, Paraimeteirs ......... . ........... .. ... . ... ........ .. .. ,; . ,....... .,.,. . ;; ....... . AREA ... ............ .. .....,.. ......mII RIETAIN IN G STIRU 1"URIF ',» ;.».....» .............. ..... .:::::... .. .......»w;;;;;;;......,;;».......».;;.»......... .;;;.........;;»;.....1.1 LATERAL (EARTH PRIC SIIURES ,,, 1 ..... ..... .. .. .... ......... ... .................. 12 D ANNA F........ . 13 PI FTA'INING'+Ad'ALL FOOTINGS .......... „ .. ., . 13 FOUNDATION CONSTRUCTION »».. 13, SITE 0 R AII'INA IF..... ...... , .,.._.. ,., ........ .......,.. .. 1: SITFP IcPARATI IFN .,....m. .. .... .... ......... .... ...-.."1 O Siif R0( FII,I.................................. .....,, 1 SHAIwLOnod' LOON ATI SN EXCAVATIJONS.,.... ........ .... ...... ...... ........... .......... .... ........... .........,.'1,6 EXCAVATION SLOP I'N G ANO BE,INCF1 NGt,._,......s. , -,. ...a ... .....,, _....... ....... .. ..... _......16 A B A K I S "T 114 111 Project No. AAA17-019®00 H May 12, 2017 ABLE Of CONTENTS UTIILITNIE " .... ......,.. _..0......,..,. ....... ........ .. ..,, .. .... ........ .. ....�.,1 .. , 17 PAVEMENT IRIS' OMIMEkDATIl lNS..»,,.... ...................................... ........... ».»».„... .».....,...„....»..... 17 SUBGRADE L,:1NI I"riO'NS........ ... .................. 18 DESICTN 18, FILFXIB m .... „ ........... ...... .... ... .... „ ,. .,.... 1 ar a, elOru ptPirs ......... ..,"......, .. �RNMI ................. ........ ......... ........ ...... PAVEMENT CONSTRUCTION CONSIDERATIONS---.....»»»»..... 20 SU BG RA DE PRE PARATIO N�l 2 01 RAfiNAGI ., ........., LIME TREATMENTOF SUBGRADE......, �.., „ �.... .. ........ <..�. „ .., 21 ....,,..�.. .�. FLEX MOILE ABASE COI RSE ......... .,...., ., �. ........ . ......... .................. .. ...... 21 ASPSlAO"I[C CONORETF SUJAFACE COU RS F---,. "21 PORTLAND CM1VNTCNCREU.m. ,. ..""...., ."................ .. ......... . ......„. 21 CONSTRUCTION RELATED .... ...—.., ..,.,,..» .» , 22 ON'ST'PIOCTIOIN MATERIAL M E,' ,",f,'IN G AND OBSERVATli )NI '5FRVIC'T.S.................” .. .......... -2 BUDGETING FOR CONSTIRIUC'TI 1 T�F. TING--, �.. „, ,. ..m..��..."..m..v... 2'2 ATTACHMENTS' T aelVm,.0 l u i l wur rnk attached and C orr plrpte this rel:�ort: Boring I.ocartion Map8,". .. .. .....,. �.�,.. .,.�.," r" ,",... „ b g ure, '1 logs, of Borings..... ............. ....... .... .... „.. .,».. .... .,... .. Lli� noes 2 'to 1.0 Key to Terms and Syrra ole ............. ........... ..... . H&,Jrc," 1,1 uRs of Soll Analyse,,,5,............................ . .. ............ .... m...„ .....mv.............. m.... mrr.. .. Mmigure "L2 e �'auunu rte iistrr ut on ........... ... .... ..... ...a.,..,. .... ...,.........., Llp�are 13, hr'riplrartan't lifaar atior�Albiout Your GelotechniicaI Ln&eerirg Pipport ABANSNSTNU'li" R Project No,AAAl7-01E-Q0 � May 12,2D17 INTRODUCTION RABA K|STNER Consultants Inc, /RNZD has completed the authorized subsurface exploration and foundation analysis for the proposed residential towonhomes development located at the southeast intersection of East Bagdad Avenue and South Mays Street in Round Rock, Texas. This report briefly describes the procedures utilized during this study and presents our findings along with our recommendations for foundation design and construction considerations, as well as for pavement design and construction guidelines. PROJECT DESCRIPTION The facilities being considered in this study include the development ofresidential townhonnesto be located south of East Bagdad Avenue and east of the South Mays Street flyover in Round Huck, Texas. The proposed 3to4-s1orybui|dingsaretobedeve|opedimthree °0ocks" desiQnatedas8|ocksA, B, and C.The number of units in each block and exploratory borings,are summarized below. IL B Units 1 through 22 B-S and B-6 1 through 23 B-7 through B 9 Relatively light loads are anticipated to be carried by the foundation system. Floor systems consisting of slabs-on-ground or slabs-on-fill are expected to be preferred for the residential development, provided expansive soil-related vertical movements will not cause structural performance problems. Pavement design associated with parking and drive areas are also being considered. On the basis of available Google Earth aerial imagery, the proposed residential development is planned in an industrial warehouse area. We understand the site will be razed to accommodate the newly proposed residential toxvnh4mes. Existing site structures include off ice/warehouse buildings and a central concrete-paved area. It is our understanding that at the time of this study, site grading plans and proposed structural loads were not yet amai|ab|e. The recommendations presented in this report were prepared with the assumption that final grade for the building structure will be within± 1 f of existing grades, LIMITATIONS This engineering report has been prepared in accordance with accepted Geotechnical Engineering practices in the region of central Texas and for the use of Lovett Commercial (CLIENT) and its representatives for design purpQses. This report may not contain sufficient information for purposes of other parties or other uses. This report is not intended for use in determining construction means and methods. The attachments and report text should not beused separately. The recommendations submitted in this report are based on the data obtained from 8 borings drilled at this site, our understanding of the project information provided to us, and the assumption that site R A B A KNS T 14 E R Project No. A4A17-019-DU 2 May 12, 2Q17 grading will result|nonly minor changes inthe existing topography. Afthe project information described in this report is incorrect, is altered, or if new information is available, we should be retained to review and modify Our recommendations, This report may not reflect the actual variations of the subsurface conditions across the site. This is particularly true with respect to the natural change in geologic formations that exists at this site. Furthermore, this site crosses several existing developments and a roadway. Therefore, variances in subsurface conditions are expected as a result of the existing developments, though these were not encountered in our soil bor|n0s. The nature and extent cfvariations across the site may not become evident until construction commences. The construction process itself may also alter subsurface conditions. If variations appear evident at the tirme of construction, it may be necessary to reevaluate our recommendations after performing on-site observations and tests to establish the engineering impact ofthe variations. The scope ufour Geotechnical Engineering Study does not include anenvironmental assessment mfthe air, soil, rock, or water conditions either on or adjacent to the site. No environmental opinions are presented inthis report. If final grade elevations are significantly different from existing grades by more than plus or rn|mus lft, Our office should beinformed about these changes, Afneeded and/or ifdesired, vxewill reexamine our analyses and make supplemental recommendations. BORINGS AND LABORATORY TESTS Subsurface conditions at the site were evaluated by 9 borings, drilled at the locations shmvvm on the Boring Location Map, Figure 1, Boring locations were documented )nthe field utilizing a hand-held GPS device. All borings, were drilled toapproximate depth of15ftbelow the existing ground Surface using truck-mounted drilling rig. During drilling operations, 42split spoon /vvlth Standard Penetration Test) and 12 Shelby Tube samples were collected. Each sample was visually classified in the laboratory by member mfour geotechnical engineering staff. The geotechnical engineering properties cfthe strata were evaluated bythe following tests: -77-7777 77 7-77 77777 Natural Moisture Content 54 leve tSsie:ve:An:alysis(with�Hydrorneter) The results of all laboratory tests are presented in graphical or nVrnerical form on the boring logs illustrated on Figures 2 through 10. A key to classification terms and symbols used on the logs is presented on Figure 11. The results of the laboratory and field testing are also tabulated on Figure 12 for ease of reference. The results of sieve analysis have been plotted on the attached Grain Size Distribution, Figure 13. R A B A K U S I N El iR Project No.AAA17-019-00 3 May 12, 2017 Standard Penetration Test results are noted as "blows per ft" on the boring logs and Figure 12, where "blows per ft" refers to the number of blows by a failing hammer required for 1 ft of penetration into the soil/weak rock (N-value). Where hard or dense materials were encountered, the tests were terminated at 50 blows even if one foot of penetration had not been achieved. When all 50 blows fall within the first 6 in. (seating blows), refusal "ref" for 6 in, or less will be noted on the boring logs and on Figure 12, Samples will be retained in our laboratory for 30 days after submittal of this report. Other arrangements may be provided at the request of the Client. GENERAL SITE CONDITIONS SITE DESCRIPTION The project site is a tract of developed land bounded by South Mays Street to the west, East Bagdad Avenue to the north, Burnet Street to the east, and a Union Pacific railroad to the south in Round Rock, Texas. The west side of the site is generally covered with rigid, concrete pavement. The east side of the site is unpaved, with both grass coverings and sandy/gravelly road base, Existing structures include several warehouse buildings. Overhead utilities cross the site and are also present along its north perimeter. The topography generally slopes downward toward the southeast with vertical relief of about 10 ft across the site. We anticipate a significant number of buried utilities throughout the area as a result of the existing industrial warehouse developments. The presence of buried structures (old foundations, pavements, abandoned utilities, etc.) should be expected during construction. GEOLOGY A review of the Geologic Atlas of Texas, Austin Sheet, indicates that this site is naturally underlain with the soils/rock of the Del Rio Clay overlying Georgetown formation at the far west end of the site, and fluviatile terrace deposits overlying the Eagle Ford formation to the east. Del Rio clay typically consists of blocky, calcareous dark brown clays that are typically highly expansive in nature. A key geotechnical engineering concern for development supported on this formation is expansive, soil-related movements, The Georgetown formation is comprised of limestone and is typically tan to gray in color. Key geotechnical engineering considerations for development supported on this formation will be the depth to rock, the expansive nature of the overlying clays, the condition of the rock, and the presence/absence of karstic features. Fluviatile terrace deposits are streambed deposits typically consisting of clays, sands, silts, and gravels. Such deposits can contain point bars, cutbanks, oxbows, and abandoned channel segments associated with variations in stream bed activity. As a result, soil profiles in terrace deposit areas may vary greatly over relatively short distances. Key geotechnical engineering concerns for development supported on this formation are the expansive nature of the clays, the consistency or relative density of the deposits, and the absence/presence as well as thickness of potentially water-bearing gravels. R A B A K IST N E R Project No, AAA17-019-00 4 May 12, 2017 The Eagle Ford Formation consists of dark gray calcareous clay, It contains sandy and silty flaggy limestone in the mid-portion and a bentonite bed at the base, The limestone is typically medium gray in color and weathers to a pate yellow. Key geotechnical engineering concerns for development supported on the Eagle Ford Formation are the expansive nature of the clays. SEISMIC CONSIDERATIONS On the basis of the soil borings conducted for this investigation, the upper 100 feet of soil may be characterized as very dense soil and soft rock and a Class C Site Class Definition (Chapter 20 of ASCE 7) has been assigned to this site. On the basis of the United States Geological Survey (USGS) websites which utilizes the international Building Code (IBC) and U.S. Seismic Design Maps to develop seismic design parameters, the following seismic considerations are associated with this site. E5,=0.063g S,,=0.0768 S05=0.051g I- -- S,=Ob3Sg ; 12! S.,=0.0598 SDI=0.0398 used on the parameters listed above as well as Tables 1613.3.5(1) and 1613.3,5(2) of the 2012 IBC, the Seismic Design Category for both short period and 1 second response accelerations is A. As part of the assumptions required to complete the calculations, a Risk Category of"I or 11 or III" was selected. STRATIGRAPHY The Subsurface conditions encountered at the boring locations are shown on the boring logs, Figures 2 through 10. These boring logs represent our interpretation Of the Subsurface conditions based on the field logs,visual examination of field samples by our personnel, and test results of selected field samples. Each stratum has been designated by grouping soils that possess similar physical and engineering characteristics. The lines designating the interfaces between strata on the boring logs represent approximate boundaries. Transitions between strata ryiay be gradual. In concrete paved areas, surface materials at this site consisted of 5 to 8 inches of concrete overlying 3 to 6 inches of base material. In non-paved areas, surface materials generally consisted of 12 to 18 inches of gravelly and/or sandy clay road base material, Stratum I consists of stiff to hard, dark brown to brown, fat clay (CH). These clays are classified as highly plastic based on measured plasticity indices (Pis) ranging from 48 to 52. Measured moisture contents range from 9 to 33 percent, Standard Penetration Test (SPT) N-values range from 9 blows per ft to 50 blows for 3 inches of penetration, Shear strength ranges from 1 to 2.3 tsf based on pocket penetrometer test data. Based on two grain size analyses, the percentage of fines (percent passing a No, 200 sieve) was determined to be 69 and 80 percent. This stratum was encountered in all borings. ht earth ,qale.usls.LovLdesi,2,nm�a s�usa �Iicaflon ,h R A B A 1( 1 S T N E R Project No. S May 12, 2017 Stratum H consists ofvery dense, tan, clayey sand and clayey gravel /SC and GC). The clay fraction is classified asmoderately plastic based onmeasured PIs Cf14and 1B. Measured moisture contents range from 5 to 7 percent SPTN-va|ues range from 50 blows for 11 inches o[ penetration to 50 blows for 10 inches of penetration. Based on a single grain size analysis, a percentage of fines of 37 percent was determined.This stratum was not encountered in Borings, B-1 and B-4 through B-8. Stratum III consists of hard,tan, sandy lean clay to lean clay(CL) with gravel.These clays are classified as plastic based on a single measured P| of 27, Measured moisture contents range from 6 t 12 percent. SPT N-values range from 43 blows per ft to refusal for 5 inches of penetration. A single pocket penetrometer test resulted in an estimated shear strength of 3.3 tsf. Based on a single grain size analysis, the percentage of fines was determined to be 51 percent. This stratum was not encountered in Borings, B-2, 0-3, B-8, and B-9. Stratum IV consists of very stiff to hard, gray and brown, fat clay (CH), These clays are classified as highly plastic based on two measured Ms of 48 and 54. Measured moisture contents range from 12 to 25 percent. SPT N'va|ues range from 16 to 34 blows per ft. Shear strength ranges from 1.3 to 2.3 tsf based on pocket penetrometer test data. This stratum was not encountered in Borings 8-1 and B-2. Stratum Vconsists ofhard, tan limestone. Measured moisture contents range from 5to 10 percent. SPT M-values range from refusal for 5 inches of penetration to refusal for 1/2 inch of penetratimn. This stratum was only encountered in Borings 8-1and B-2. GROUNDWATER Groundwater was not observed in the borings either during or immediately upon completion of the drilling uperadmns. All borings remained dry during the field exploration phase. However' it is possible for groundwater to exist beneath this site at sho||ovv depths on a transient basis, particularly at the clay/limestone interface, within sandy, gravelly, or weathered limestone seams, and following periods of predpitabmn. Fluctuations in groundwater levels occur due to Variation in rainfall and surface water run-off. The construction process itself may also cause variations in the groundwater level. Based on the findings in our borings and on our experience in this region, we believe that groundwater seepage encountered during shallow depth site earthwork activities and shallow foundation construction may be controlled using temporary earthen berm and conventional sump-and-pump dewatering methods. FOUNDATION ANALYSIS GEOLOGICAL CONSIDERATIONS As discussed previously, the subject site is underlain by four geologic formations: the De| Rio Clay, Georgetown Limestone, Uuwiati|e terrace deposits and Eagle Ford formations, Shallow limestone was encountered within the upper 4 ft in Borings B-1 and B-2' which were drilled within Block A. We have labeled this as Condition i Subsurface conditions in Borings, 8-3 through 89 generally consisted of expansive clay soils extending to the boring completion depth of 15 h, with an interrnittentgrawe|ly/sandy layer ranging in thickness from about 2 to 7 ft. We have labeled this asCondition |i R A B A KUS r N �E 1� Project No.AAA17-019-00 May 12, 2017 iiiii, 7, 777i i ,ii7 777i scrPptrz ixcratd ►rins ; U Sandy,gravelly,clay soils(up to 5 ft thick) BA and B-2. overlying Nmestone UU Deep clay,with lraterrnittent Mayer of sandy, Bm3 through BA gravelly,clay soils The boundary line between the formations may be gradual and will not be apparent until the time of construction. We recommend performing additional soil borings or potholing in order to delineate the geologic transition zone. A preliminary estimate of which structures will be included in each condition is included below in the Expansive.Soil-Related Movements section of this report, but should be confirmed prior to or during construction. EXPANSIVE SOIL-R L,4TE-D MCIVEMENTS The anticipated ground movements due to swelling of the underlying soils at the site were estimated for slab-on-grade construction using the empirical procedure, Texas Department of Transportation (TxDOT) Tex-124-E, Method for Determining the Potential Vertical Rise (PVR). PVR values are summarized in the table below, based on the stratigraphic conditions encountered in our borings. A surcharge load of 1 psi (concrete slab and sand layer), an active zone of the lesser of 15 ft and the depth to limestone, and dry moisture conditions were assumed in estimating the above PVR values. /rME 1 �� % �%%��i%r �� % Est& AM6AAPYr �i�//; tartltlan i /iii &/ ularrr I B-1 and B. Block A:Unks 3 through 9,28 through 34 1 to. -3/2 II B-3 through B..9} All rennaining Units in Blocks A,B and C 3.3/4 to 4 3/4 conditions encs: _ untered in our borings ---- .. *Estimated based on cond'u " The TxDOT method of estirnating expansive soil-related movements is based on empirical correlations utilizing the measured plasticity indices and assuming typical seasonal fluctuations in moisture content. If desired, other methods of estimating expansive soil-related movements are available, such as estimations based on swell tests and/or soil-suction analyses. However, the performance of these tests and the detailed analysis of expansive soil-related movements were beyond the scope of the current study. It should also be noted that actual movements can exceed the calculated PVR values due to isolated changes in moisture content or if water seeps into the soils to greater depths than the assumed active zone depth due to deep trenching or excavations. OVEREXCAVATION AND SELECT FILL REPLACEMENT We Understand the site will be razed to accommodate the proposed residential townhorne,s. We recommend complete removal of the existing concrete pavement section and underlying flexible base. In addition, we recommend complete removal of the gravelly, sandy clay and gravelly clay road basr� material,which is estimated to bi;�about 12 to 18 inches, A B A K I S T 14 IIIA ft Project No. 4AA17~019O0 7 May 12, 2O17 To reduce expansive soil-related movements beyond this depth surficial 12 to 18 inches of fill material, a portion ofthe upper highly expansive sobgrade clays can beremoved and backfilled with suitable select fill material. PVR values have been estimated foromercxcavadon and select fill replacement tovarious depths be/ovvthesurficia| fiU material, and are summarized in the table below. Recommendations for the selection and placement of select backfill materials are addressed in a subsequent section of this report. cement,' d,S6104t Fill rteolitim6ht'/1 252/ To maintain the above estimated PVR values, subsequent fill placed in all building areas shmu�d consist mfselect fill material |naccordance with the Select Fill secVmnwfthis report, DRAINAGE CONSIDERATIONS When overexcava1ion and select N| replacement is selected as a method to ,educe the potential for expansive soil-related movements atany site, considerations ufsurface and subsurface drainage may be crucial to construction and adequate foundation performance of the soil supported structures. Filling an excavation in relatively impervious plastic clays with relatively pervious select fill material creates a "bathtub" beneath the struc±ure, which can result in ponding or trapped water within the fill unless good surface and subsurface drainage isprovided. Water entering the fill surface during construction or entering the fill exposed beyond the building Ones after construction may create problems with fill moisture control during compaction and increased access for moisture to the underlying expansive clays both during and after construction. Several surface and subsurface drainage design features and construction precautions can be used to limit problems associated with fill moisture. These features and Precautions may include but are not limited tothe following: 6 Installing berms mrsvva|esonthe uphill side of the construction area to dk/ertsurface runoff away frmrnthe excavation/fill area during construction; 0 Sloping of the top of the subgrade during construction with a minimum downward slope of 1.5 percent out to the base of a dewatering trench located beyond the building perimeter; 0 Sloping the surface of the fill during construction to promote runoff of rain water to drainage features until the final lift isplaced; 0 Sloping ofa final, wveU maintained, impervious clay or pavement surface (downward away from the building) over the select 0| material and any perimeter dmaim extending beyond the building lines, with z minimum gradient of6 in. in 5 ft; � Constructing final surface drainage patterns to prevent ponding and limit surface water infiltration atand around the building perimeter; R A B A K U s ''r 14 r4 Project No.AAA17-019-00 8 May 12, 2017 Locating the water bearing utilities, roof drainage outlets and irrigation spray heads outside of the select fill and perimeter drain boundaries,- and Raising the elevation of the ground level floor slab. Details relative to the extent and implementation of these considerations must be evaluated on a project-specific basis by all members of the project design team. Many variables that influence fill drainage considerations may depend on factors that are not fully developed in the early stages of design. For this reason, drainage of the fill should be given consideration at the earliest possible stages of the project. FOUNDATION RECOMMENDATIONS SITE GRADING Site grading plans can result in changes in almost all aspects of foundation recommendations. We have prepared all foundation recommendations based on the existing ground surface and the stratigraphic conditions encountered at the time of our study, If site grading plans differ from existing grades by more than plus or minus I ft, RKCI must be retained to review the site grading plans prior to bidding the project for construction. This will enable RKCI to provide input for any changes in our original recommendations that may be required as a result of site grading operations or other considerations. We recommend that site grading limit the differential building pad thicknesses to 3 ft to reduce potential issues with differential settlement, unless all grade beams are being excavated to natural materials. If limestone is encountered at a shallow depth, we recommend that the grade beams (if utilized) penetrate 4 inches or more into the native, intact limestone. We do not recommend that grade beams for an individual residence be founded partially in limestone and partially in natural clays or select fill as this condition may result in greater differential movements than are estimated by the FTI criteria. In this instance it is recommended that all grade beams either be extended down into the limestone or, if constructed on a select fill building pad, that a minimum of 6 inches of select fill be placed and compacted beneath the grade beams. ENGINEERED BEAM AND SLAB FOUNDATION The proposed structures may be founded on stiffened engineered beam and slab foundations, provided the selected foundation type can be designed to withstand the anticipated soil-related movements (see Expansive Soil-Related Movements) without impairing either the structural or the operational performance of the structures, If shallow foundations are to be considered, we recommend that the Overexcavation and Select Fill Replacement option be utilized to reduce expansive soil-related movements. Allowable qga!jng Food Shallow foundations founded on limestone minimum of 6 inches of compacted, select fill should be proportioned using the design parameters tabulated below. R A B A K, I S T 14 E R Project No.AAA17--019-80 � May 12, 2017 MinirrlUnn depth b0ow final grade 18 in. Kn�mium beam width 12 in. Kn�mum widened beam width 18 in. Maxinium allowab�e bearing pressure for grade beams -----1OO2_psf Maximum allowab�e bearing pressure for widened beams 2,500 psf The above presented maximum allowable bearing pressures will provide a calculated tactor of safety of about @ with respect to the measured shear strength, provided that fill is selected and placed as recommended in the Select Fill section of this report, and provided that the su6erade is prepared in accordance with the recommendations outlined |nthe Site Preparation section mfthis report. VVerecommend that avapor barrier beplaced between the supporting soils and the concrete floor slab. Post Tensioning Institute(PTI)design parameters were estimated for existing stnat|gnaphicconditions using the procedures and criteria discussed in the Post-Tensioning Institute Manual titled "Design ofPost- Tensioned Slabs,on-Grmund, Third Edition"dated 2OO4with the 20]Osupplement. Differential vertical swell has been estimated for center lift and edge lift conditions for use in designing foundation slabs for the stratigraphy encountered inour borings. These values were determined using a computer program entitled V[)LFLO Win 1.5, as recommended by the Post Tensioning Institute, As recommended by PTI, we have evaluated differential svve|| for both 1> conditions varying from equilibrium and 2\ conditions varying between extremes /wet/dry\. The values for both of these conditions are presented in the table below. Because soil moisture conditions are likely tmvary from wet to dry and vice versa over many cycles during the lifetime of the structure, we recommend that the latter conditions beassumed indesign. For structures determined during construction to meet the requirements of Condition |' thefo||ovv�ng PTI design parameters may be used depending on the Overexcovation and Select Fill option selected. ORIZil 401111, 7111111 M/11/fl� (EL) Edge Lift Condition (CL) - Center Lift Condition Condition I-With 30-inch Vertical Moisture Barrier For structures meeting the requirements of Condition 8 with an exterior grade beam depth extending to a min�mum of 30 inches,the following PTI design parameters may be used. R A B A K 1 s 'r 14 IE R Project No. AA17 019,00 10 May 1.2, 2017 ///%,. ////i //////.rl///,r /,�/ ////o%✓%�///11%�//,/lid/ /2%//,%//%///'i//// /r o//r/r /// /aflr/ /, /,.. / ' r / 7p/g,_ rf/ / r,,f V _ � r�r�rr l�ut�Ni ru ✓ / rarru, ii rig ,//��%�� . �r�/�/�i /�/ rvrrrrwr wrvw Wrvi/ C 1.1/2 1/4(Et) -1/4�CL� �./4(EL.I -1/4 w Condition II For structures determined during construction to meet the requirements of Condition II', the following PTI design parameters may be used depending on the Overexcavation and.defect Fill option selected. % �f �.wAm:nwN rtfuNf m4 iwm � wumaq ..:w5 nnpp /ri rl/ /r / l/f�esti td,�'V �/' ✓// µw�r�rw,Co /, ra 4-1/4 -1/4(E�. .. _.._ :1/ .( .1... 4 CEa.) 2 1/2..(Ct._...._.. _._.w......_. ° ........ .a(E ...w.........P .._.. ,�a�c _ 2-1/2. . � _._._._._ fw . 2 1/2(EQ -112(CL) 1.1/2(EL) .1(CL,) G I rvrvrv� ry > MrvMrvMry/2(R) 4/2 (,ML1-1/4 „N, wrvw, w Condition li—With 30-inch Vertical Moisture Barrier For structures meeting the requirements of Condition B with an exterior grade beam depth extending to a minimum of 30 inches, the following PTI design parameters may be used, �:- // �nwww,.w y r mw 77 r�i/,/ /� / / /r. Design !i.�///i%//a 'ii rr,///i/" / //i�/io/i,/c r//,,;:i r/ ",// //✓o v,Grit r..� �/ /7 /// ..,y fir.. ' itiClr�,i,.,ir// i � /i,/ G/,i%��///;,//i. ,o /�/9//or /%//// r ✓��, illi//if /y�rl�' r t fit,/v r6Att11" �'t �u i� :,c H 4-1/4 1/4(E�.) �/ (��.) -1/4( � .1(a) I 3 1/4( Q .1/2(CL) 1-1/4(EI!) I(a) J2. 1./4(EL) 1/4(CE) 1/2(EL) ..1/2(Cp) F 1 LL1./a(R;) 1/4(CL) 1/2(FL) .112(CA.) In estimating the differential swell values presented above, "percent clay" and "depth to constant sail suction" were the variable design parameters. Based on our past experience with soils simillar to those encountered at this site and the grain size analyses (with hydrometer testing) performed for thi,�study, a "percent clay" value of 43 percent was used in our analyses for Stratum I clays. The depth to constant soil suction was taken to be the lesser of 15 ft and the depth to limestone. The remaining soil and environmental parameters used to arrive at the differential swell values were assumed to be constant. These values are summarized in the following table: Project No. AAA17-019-00 11 May l2, 2QI7 Thornthwaite�ndex, IM 13 Constant Soil Suction 3,6 pF Edge Moisture Variation Distance(center lift) 7.8 ft 9,0 ft T5 ft 8,0 ft 8,5 ft 9.0 ft Edge Moisture Variation Distance(edge lift) 4,0 ft 4.8 ft 3.8 ft 4.1 ft 4.4 ft 48 ft AREA FLATWORK It should be noted that ground-supported f|ahwurk such as walkways will be subject to the same magnitude of potential soU-related movements as discussed previously /see Expansive Soil-Related Movement section). Thos, where these types of elements abut rigid building foundations or isolated/suspended structures, differential movements should be anticipated. Bayed on the anticipated ground movements due to swelling of the underlying soils beneath the sidevva|k9|atvumrk it is our opinion that the design team should consider methods of reducing the anticipated movements through methods discussed in the Overexcowztion and Select Fill Replacement section or to consider structurally Suspending critical areas to match the adjacent building performance. As a minimum, we recommend that flexible joints he provided where such elements abut the main structure to ai|mvv for differential movement at these locations. Where flatw/ork abuts the exterior perimeter grade beam of the new building care must be taken to provide a smooth, vertical construction joint between the edge of the f|atwork and the perimeter grade beann. The f|atvvorkmhou|d preferably abut the grade beam at least 4 inches, preferably more, be|mvv the bottom of the brick lug /or other exterior veneer material) to avoid damage to the veneer when mowernentu occur in the f|aLvvmrk. The construction joint should be wide enoughto assurethatwerticai movement in thef|atwmrk will not bind on and subsequently damage the exterior veneer material, The construction joint should be completed using an appropriate e|astonmeric expansion joint filler to reduce the amount ofwater passing through the construction joint. Proper and regular maintenance of the expansion joint will help reduce the water seepage atthe f|atvvork/foundadom |n1erface. A better option, if feasible, is to separate the f|atwork away from the building foundation so that movements incurred by the flatwork are totally independent of the building foundation. RETAINING STRUCTURES It is our understanding that retaining walls are planned for this project. Retaining wall structures should be designed for lateral earth pressures. Drainage conditions will also need to be considered in design. The following sections provide information for evaluating lateral earth pressures, drainage issues, and parameters for footing design. Ag|o6a| stability analysis was beyond the scope of our services. Hence, a global stability analysis was not performed for the proposed retaining walls. If desired, RK[| should be retained to evaluate the global stability of the proposed retaining walls. R A B A K U S T' 14 lE�' 14 Project No.AAA17+019-00 12 May 12, ZO17 LATERAL EARTH PRESSURES Equivalent fluid density values for computation of lateral soil pressures acting on retain/mg walls were evaluated for various types ofbackfill materials that may be placed behind the retaining walls. These values, as well as corresponding lateral earth pressure coefficients and estimated unit weights, are presented below in preferential order for use as backfill materiab. Washed GravO 135 O29 40 0,45 60 Crushed Limestone 145 U4 35 038 55 Clean Sand 120 03 3 40 0.5 60 P Clayey Grave�s 135 0,32 45 OA8 65 0,59 70 0,74 90 The values tabulated above under "Active Conditions" pertain to flexible retaining walls free to tilt outward as a result oflateral earth pressures. For rigid. non-yielding walls the values under "At-Rest Conditions" should be used. The values presented above assume the surface of the backfill materials to be level. Sloping the surface of the backfill materials will increase the surcharge load acting on the structures. The above values also dm not include the effect of surcharge loads such as construction equipment' vehicular loads, or future storage near the structures. Nor dothe values account for possible hydrostatic pressures resulting from groundwater seepage entering and ponding within the retained backfill materials. As discussed later, the walls should be provided with a drain system to allow for the dissipation of water, Surcharge loads and groundwater pressures should be considered in designing any structures subjected to lateral pressures. Theon-site Stratum l, |||, and IV clays exhibit significant shrink/swell characteristics. The use of clay soils asbackfill against the proposed retaining structures isnot recommended. These soils generally provide higher design active earthen pressures, as, indicated above, but may also exert additional active pressures associated with swelling. Controlling the moisture and density of these materials during placement wwNK help reduce the likelihood and magnitude of future active pressures due to swelling, but this isno guaran1ee. B,,ACK,F1LL COMPACTION, Placement and compaction of backfill behind the retaining walls will be critical, particularly atlocations where backfill will support adjacent near 8nade foundations and/or f|atm/ork. If the backfill is not properly compacted in these areas,the adjacen1foundations/f|etwork can be subject to settlement. To reduce potential settlement of adjacent founclations/flatwork, the backfill materials should be placed and compacted as recommended �n the Select Fil/se«1ion of this report. Each lift or layer of the backfill R A B A KUS T NE R Project No.4AAI7-019-00 13 May 12, 2017 should be tested during the backfilling operations to document the degree of compaction. Within at least a 5-ft zone Cfthe wall backside, we recommend that compaction be accomplished using hand- guided compaction equipment capable ofachieving the max|mumdensity inaseries of3toSpasses. DRAINAGE The use of drainage systems is a positive design step tuuvan1 reducing the possibility of hydrostatic pressure acting against the retaining structures, Drainage may be provided by the use of drain trench and pipe. The drain pipe should consist of slotted, heavy duty, corrugated polyethylene pipe and should be installed and bedded according to the manufacturer's recommendations. The drain trench should be filled with gravel (meeting the requirements mfASTM D 448 coarse concrete aggregate Size No. 57 or 67) and extend from the base of the structure to within 2 |f of the top of the structure. The bottom of the drain trench will provide an envelope of gravel around the pipe with minirnum dimensions consistent with the pipe manufacturer's recommendations. The gravel should be wrapped with a suitable Oeotexti|e fabric (such as Mirafi 140N or equivalent) to help minimize the intrusion of fine-grained soil particles into the drain system. The pipe should besloped and equipped with clean-out access fittings consistent with state-of-the-practice plumbing procedures. As an alternative to a full-height @ravel drain trench behind the proposed retaining structures, consideration may be given to utilizing a manufactured geosynthetic material for vva|| drainage. A number ofproducts are available tmcontrol hydrostatic pressures acting on earth retaining structures, including Amerdrain (manufactured by American Wick Drain Corp,), Miredra{n (manufactured by Mirafi, Inc.), Enkadrain (manufactured by American Enka Company), and Geotech Insulated Drainage Panel (manufactured byGeoLech Systems Corp.). The geosynthet|cs are placed directly against the retaining structures and are hydraulically connected to the gravel envelope located at the base of the structures. Weepholes may be provided along the length of the proposed retaining structures, if desired, in addition to one of the two alternative drainage measures presented above. Based on our experience' weepho|es^ as the only drainage measure, often become clogged with time and do not provide the required level ofdrainage from behind retaining structures. We recommend that RKC| review the final retaining structure drainage design before construction. The proposed retaining m/a|)S may be supported on Stratum l, 11, or III soils at a minimum depth of Z ft below existing grade, or a minimum of 2 ft below final grade, whichever is deeper. Footings may be designed using a maximum allowable hearing pressure of 2,000 pst & coefficient of sliding friction of 0.3 and an adhesion value of 1,500 psf may be assumed in evaluation of the facto, of safety against sliding for clay sods (Strata |, |lU, and |V). A coefficient of sliding of OAS may be assumed for Stratum || clayey sand and clayey gravel soils, FOUNDATION CONSTRUCTION CONSIDERATIONS SITE DRAINAGE Drainage is an important kc',yto the successful performance of any foundation. Good surface drainage should he established phor to and maintained after construction to help prevent water from ponding R AB A KNS T N E R Project No. 4AA17-019-00 14 May 12, 2O17 within or adjacent to the building foundations and to facilitate rapid drainage away from the building h}UMdat|UnS. Failure to provide positive drainage away from the structure can result in localized differential vertical movements in soil supported foundations and floor slabs, which can in turn result in cracking in the sheetrock partition walls, as well as improper operation of windows and doors. Current ordinances, in compliance with the Americans with Disabilities Act(ADA), may dictate maximum slopes for walks and drives around and into new buildings. These slope requirements can result in drainage problems for buildings supported on expansive soils. We recommend that the maximum permissible slope be provided away from the building on all sides. Also to help control drainage in the Vicinity of the structure, we recommend that roof/gutter downspouts and landscaping irrigation systems not be located adjacent to the building foundation, Where a select fill overbuild is provided outside of the floor slab/foundation footprint, the surface should be sealed with an impermeable layer (pavement or day cap) to reduce infiltration of both irrigation and surface waters. Careful consideration should also be given to the location of water bearing utilities, as well as to provisions for drainage in the event ofleaks in water bearing utilities. All leaks should beimmediately repaired. Other drainage and subsurface drainage issues are discussed in the Expansive Soil-Related Movements section of this report and under Pavement Construction Considerations. SITE PREPARATION Each residential lot and all areas to support select f||| should be properly prepared for slab-on-grade foundation construction. The building area should bestripped ofthe existing concrete, base, and subbase materials, all vegetation and/or loose topsoil,tree roots, and large rocks. Any voids resulting from removal of limestone boulders or tree roots should be backfilled with a suitable, compacted fill material, free of organics, degradable material, and particles exceeding 4 inches in size. In a highly expansive clay environment, on-site clays should be utilized. We recommend that the <Jverexcovotion and Select F/0 Replacement option be utilized to reduce expansive soil-related movements, Within the footprints of existing buildings, shallow foundations, utility trenches, and utility lines should be completely removed. Deep foundation elements should be cut off a minimum of Zft, preferably more, beneath the bottom of any new floor slab or pavement, All areas within the building footprint should be excavated down to natural in-situ soils and the resulting excavations should then be backfilled Lothe top of subgrade elevation with compacted select fill prior to construction of the select structural building pad. We recornnnend that the design team give consideration to controlling the influx mfwater for any excavations a1the earliest possible stage mfdesign. Beyond the building pad footprint, existing utilities and trenches that are not removed should be properly abandoned. This would include grouting abandoned pipes and sealing off granular fill inutility trenches to prevent the migration and seepage of water into the building pad of the new building. Exposed subgrades should be thoroughly proofro||ed in order to locate weak, compressible zones. A minimum of S passes of a fully-loaded dump truck or a similar heavily-loaded piece of construction R A B A K N S T IN E R Project No.4AA17~Dl9{0 15 May 12, 2O17 equipment should be used for planning purpooes. PnomfnoUingopest|ons should be observed by the Geotechnical Engineer ortheir representative todocument 5Ubgradecondition and preparation. Weak or soft areas identified during prmofno||ingshould be removed and replaced with suitable, compacted on-site clays,free of organics, oversized materials,and degradable or deleterious materials. Upon completion of the pmmofnzUingupenatimns and just prior tmfill placement or slab construction, the exposed subgnsde should be moisture conditioned by scarifying to a minimum depth of 6 in. and reconopacting to a minimum of 95 percent of the maximum density determined from TOOT, Tex-114-E, Compaction Test. The moisture content of the subgradm should be maintained within the range of optimum moisture content to 3 percentage points above optimum moisture content until permanently cowered. In areas of exposed competent and intact limestone rock sub8rsde, the subgradeshall be proofro||ed in order to locate and densifvany weak compressible zones. Scarification and moisture conditioning will not berequired oncompetent and intact limestone rock. SELECT FILL Materials used as select fill for final site grading preferably should be crushed stone or gravel aggregate. We recommend that materials specified for use as select fill meet the 2O14TOOT Standard Specifications for Construction and Maintenance of Highways, Streets and Bridges, Item 247, Flexible Base' Type A, Grades 1 or 2, and have a nnaxin)Un0 plasticity index gf28. Select fill should be placed in loose lifts not exceeding 8inches in thickness and compacted toatleast 95 percent of maximum density as determined by TOOT,Tex-113-E, Compaction Test. |fmore than Gftoffill is to be placed at this site, the compaction requirement should be changed for that structure to at least 95 percent ofthe maximum density as determined by ASTM D 1557, "Standard Test Methods for Laboratory Compaction Characteristics of Soil Using Modified Effort", The moisture content of the fill should be maintained within the range of2 percentage points below to 2 percentage points above the optimum Moisture content until final compaction. Alternatively, clayey gravel (GC) or clayey sand (8C) soils, as classified according to the Unified Soil Classification System (USCS), may be considered satisfactory for use as select fill materials at this site. Alternative select fill materials shall have a maximum liquid limit not exceeding 40, a plasticity index between 7 and 20. and a maximum particle size not exceeding 4 in. or one-half the loose lift thickness, whichever is smaller, In addition, if these materials are utilized, grain size analyses and Atterberg, Limits must be performed during placement ata rate of one test each per 5,000 cubic yards of material due to the high degree ofvariability associated with pit-run materials. If the above listed alternative materials are being considered for bidding purposes, the materials should be submitted to the Geotechnical Engineer for pre-approval ata minimum of 10 working days or more prior to the bid date. Failure to do so will be the responsibility ofthe contractor. The contractor will also be responsible for ensuring that the properties of all delivered alternate select fill materials are similar to those of the pre-approved submittal, It should also be noted that when using alternative fill materials, difficulties may beexperienced with respect to moisture control during and subsequent to fill placement, as well as with erosion, particularly when exposed to inclement weather, This may result in sloughing of beam trenches and/or pumping ofthe fill materials. R A B A K I S T N E R Project Wm.AAA274}19-00 16 May 12, ]D17 Soils classified asCH, CL, MH, ML, SM, GM, OH, {)Land Ftunder the USCSare not considered suitable for use @sselect fill materials at this site. The native clayey sand and clayey gravel soils observed within the upper ft depths in Borings B-2, B-3, and 8-9 may be considered suitable for use as select fill materials, If these cohesive soils are considered as source for select fill, the soils should be excavated, segregated from deleterious materials, and stockpiled under the direction ofKKC|. ON-SITE ROCK FILL If excavations extend into the limestone formation, consideration can be given to utilizing the excavated limestone for select fill. How/ever' processing of the excavated material will be required to reduce the maximum particle size to in. Furthermore, special cane will be required during excavation activities to separate organics and any plastic clay seams encountered. In addition, the processed material must meet the specifications given above for alternative select fill materials. If on-site materials cannot be processed to nneetthe required criteria, imported select fill materials should be utilized. SHALLOW FOUNDATION EXCAVATIONS Shallow foundation excavations should be observed by the Geotechnical Engineer or their representative prior to placement of reinforcing steel and concrete. This is necessary to observe that the bearing soils/rock at the bottom of the excavations are similar to those encountered in our borings and that excessive loose materials and water are not present in the excavations. If soft pockets of soil are encountered inthe foundation excavations, they should beremoved and replaced with a compacted nun-expansive C'|lmaterial orlean concrete uptothe design foundation bearing elevations. |tshould also benoted that the some of the native soils at this site are sandy and cohesionless in nature; consequently, these soils will be very susceptible to small changes in moisture content and to disturbance from foot traffic during the placement of steel reinforcement in beam trenches, particularly in periods of inclement vveather. Disturbance from such foot traffic and from the accumulation of excess water can result in losses in bearing capacity and increased settlement, |finclement weather is anticipated at the time construction, consideration should be given to protecting the bottoms of beam trenches by placing a thin mud mat (layer mff|ovxaWe fill or lean concrete) at the bottom of trenches immediately following excavation. This will reduce disturbance from foot traffic and will impede the infiltration ofsurface water. The side slopes ufbeam trench excavations may also need to be flattened to reduce sloughing imcmhesion|esssoils. A|8 necessary precautions should he implemented to protect *pen excavations from the accumulation of surface water runoff and rain, EXCAVATION SLOPING AND BENCHING If utility trenches nrother excavations extend to or below a depth of f1 below construction grade, the contractor or others shaill be required to develop a trench safety plan to protect personnel entering the trench or trench vicinity. The collection mf »pe6Mc, geotechnical data and the development of such a plan, VuhhCh could include designs for sloping and benching oyvarious types oftemporary shoring, are beyond the .,,cope of the current study. Any such designs and 1.1afety plans shall be developed in accordance with cut-rent OSHA gu|deNnesand other applicable |ndustrystandards. R AB A K8S T 14 E 1� Project No, AAA17-019-00 17 May 12, Z017 Due to the shallow nature of the suMhda| soils, excavations at this site rnay require removal of the underlying rock formation in some areas of this site. Our boring logs are not intended for use in determining construction means and methods and may therefore be misleading if used for that purpose. We recommend that earth-work and utility contractors interested in bidding on the work perform their own teats in the form of test pits to determine the quantities of the different materials to be excavated, as well as the preferred excavation methods and equipment for this site, UTILITIES Utilities which project through slab-on-grade, slab-on-fill, or any other rigid unit should be designed with either some degree of flexibility or with sleeves. Such design features will help reduce the risk of damage tothe utility lines asvertical movements occur, Our experience indicates that significant settlement of backfill can occur in utility trenches, particularly when trenches are deep, when backfill materials are placed |nthick lifts with insufficient compaction, and when water can access and infiltrate the trench backfill materials. The potential for water to access the backfiU is increased where water can infiltrate flexible base materials due to insufficient penetration of curbs' and at sites where geological features can influence water migration into utility trenches (such as fractures within arock mass oratcontacts between rock and clay fornnat|ons). |tisour belief that another factor which can significantly impact settlement is the migration of fines within the backfill into the open voids in the under|yingfree'drain|ng bedding material. To reduce the potential for settlement in utility trenches, we recommend that consideration be given to the following: � All backfill materials should be placed and compacted in controlled lifts appropriate for the type ofbackfill and the type ofcompaction equipment being utilized and all backfilling procedures should betested and documented. Trench backfill materials should beplaced in loose lifts not exceeding 8 inches in thickness and compacted to at least 95 percent of rnaxinnunn density as determined buTxDOT, Tex-113-E or Tex-114-E, Compaction Test. The moisture content of the f\|| should be maintained within the range of 2 percentage points be|mvv to 2 percentage points above the optimum moisture content for non- cohesive soils and maintained within the range ofoptimum to 3 percentage points above optimum moisture content for cohesive soils until final compaction. � Curbs should completely penetrate base materials and be installed to a sufficient depth to reduce water infiltration beneath the curbs into the pavement base materials, � Consideration should be given towrapping free-draining bedding gravels with a geotenti|e fabric (similar to Mirofi 140W\ to reduce the infiltration and |mxs of fines from backfi|i material into the interstitial voids |nbedding materials, PAVEMENT RECOMMENDATIONS Recommendations for both flexible and rigid pavements are presented in this report, The Owner and/or design team may select either pavement type depending Vnthe performance mr|ter�aestablished for the project. In genera[ flexible pavement systems have a |uvver initial construction cost as compered to R A B A K I S T N E R Project No,AAA17-019-OU 18 May 12, 2O17 rigid pavements. However, maintenance requirements over the life ofthe pavement are typically much greater for flexible pavements.This typically requires regularly scheduled observation and repair, as well as overlays and/or other pavement rehabilitation at approximately one-half to two-thirds of the design |ife. Rigid pavements are generally more "forgiving", and therefore tend to be more durable and require less maintenance after construction, For either pavement type, drainage conditions will have a significant impact on long term performance, particularly where permeable base materials are utilized in the pavement section. Drainage considerations are discussed in more detail in a subsequent section of this report. SUBGRAIDE CONDITIONS We have assumed the subgnade in pavement areas will consist of the Stratum | days placed and compacted as recommended in the On-Site Clay Fill section of this report. Based onour experience with similar sobgrade soils, we have assigned California Bearing Ratio ([BR) values of3 for use in pavement thickness design analyses. DESIGN INFORMATION The following recommendations were prepared using the DARVVim ].1software program which utilizes procedure based on the 1993 "Guide for the Design of Pavement Structures" by the American Association of State Highway and Transportation Officials (AASHT(}). The following recommendations were prepared assuming 20-yr design life and Equivalent Single Axle Loads (ESAL's) of3O,OU0for light duty pavements and 80,000 for medium duty pavements. This traffic frequency is approximately equivalent to 1 and 3 tractor-trailer trucks per day for @ design period of 20 years for light and medium duty pavements, respectively, The Project Civil Engineer should review anticipated traffic loading and frequencies to verify that the assumed traffic loading and frequency is appropriate for the intended use ofthe facility. FLEXIBLE PAVEMENT Flexible pavement sections recommended for this site are as listed in the table below: A" Thickness, Layer Descrip ion Layer HMAC Surface Course,Type"U" 2.0 in. 'Light Duty-20,060�SALs Flexible Base 110 in. Combined Total 21.0 in. ESA Miditrm'Duity'-80,000 ES,AlLs HMAC Surface Course,I ype "l)" 2,0 in, Flexible Base 13.01 in, chann'elized traffic areas) Combined Total 73.0 in. J�1, *Lime-treated subgrade may be eliminated if Stratum I]or III tan clay,clayey sand,or claye)?gravel is exposed after final site grading activities in the vicinity of Borings B 1, and B 2, 1Z A B A K U S T 114 E R Project No.AAA17-OI9-00 19 May 12,2017 gALba Where flexible pavements are constructed at any site, we recommend that reinforced concrete pads be provided in front of and beneath trash receptacles. The dumpotertrucks, if any, should be parked on the rigid pavement when the receptacles are lifted, It is suggested that such pads also be provided in drives where the durmpo1ertrucks make turns with small radii to access the receptacles. The concrete pads atthis site should be a minimum of in. thick and reinforced with conventional steel reinforcing bars. RIGID PAVEMENT We recommend that rigid pavements be considered in areas of channelized traffic, particularly in areas where truck or bus traffic is planned, and particularly where such traffic will make frequent turns, such as described above for garbage dumnpsterareas. We recommend that rigid pavement sections at this site consist ofthe following: Light Duty'Traffic 5)n, Medium Duty Traffic 6 in. We recommend that the concrete pavements be reinforced with bar mats. Asa minimum, the bar mats should be No. 3 reinforcing bars spaced 18 in. on center in both directions. The concrete reinforcing should be placed approximately 1/3 the dab thickness below the surface of the slab, but not less than 2 in. The reinforcing should not extend across expansion 'oints. Joints in concrete pavements aid in the construction and control the location and magnitude of cracks, Where practical, lay out the construction, expansion, control and sawed joints to form square panels, but not to exceed AO 302.69 Code recommendations, The ratio of slab length-to-width should not exceed 1.25. Maximum recommended joint spacings are 12 ft longitudinal and 12 ft transverse. All control joints should be formed or sawed to a depth of at least 1/4 the thickness of the concrete slab. Sawing of control joints should begin as soon as the concrete m/iH not ravel, generally the day after p|acenment, Control joints may be hand formed orformed by using a pre,nm|ded filler. We recommend that all longitudinal and transverse construction joints be dowelled to promote load transfer. Expansion joints are needed to separate the concrete slab from fixed objects such as drop |n/eta, light standards and buildings. Expansion joint spacings are not tmexceed o maximum of75ftand no expansion or construction joints should be located in a sw/a|eordrainage collection locations. If possible, the pavement should develop a minimum slope of8.D15 ft/ft to provide surface drainage, Reinforced concrete pavement should cure a minimurn of 3 and 7 days before allowing automobile and truck traffic, respectively, R A B A K8S T 14 E R Project No. AAA17-018-00 20 May 12, 2O17 PAVEMENT CONSTRUCTION CONSIDERATIONS SUBGRADE PREPARATION Areas to support pavements should be stripped of all vegetation and organic topsoil and the exposed subgrade should be proofrolled in accordance with the recommendations in the Site Preparation section under Foundation Construction Considerations. After completion of the proofro||ing operations and just prior to flexible base placement, the exposed subgradeshould bemoisture conditioned byscarifying toamin|nnumdepth of6in. and recompacbngto a minimum of 95 percent of the maximum density determined from the Texas Department of Transportation Compaction Test /TxD()T' Tex-114-E\. The moisture content of the subgrode should be maintained within the range of optimum moisture content to 3 percentage points above optimum until permanently covered. DRAINAGE CONSIDERATIONS As with any soil-supported structure, the satisfactory performance of pavement system is contingent on the provision of adequate surface and subsurface drainage. insufficient drainage which allows saturation of the pavement subgrsde and/or the supporting granular pavement materials will greatly reduce the performance and service life ofthe pavement systems. Surface and subsurface drainage considerations crucial to the performance of pavements at this site include (but are not limited to) the following: 1) Any known natural or man-made subsurface seepage at the site which may occur at sufficiently shallow depths as to influence moisture contents within the subgrade should beintercepted bVdrainage ditches orbelow grade French drains, 2) Final site grading should eliminate isolated depressions adjacent to curbs which may oUovu surface water to pond and infiltrate into the underlying soils. Curbs should completely penetrate base materials and should be installed to sufficient depth to reduce infiltration of water beneath the curbs. 3\ Pavement surfaces should be maintained to help minimize surface ponding and to provide rapid sealing of any developing cracks. These measures will help reduce infiltration ofsurface water downward through the pavement section. ON-SITE CLAY FILL As discussed previously, the pavement recommendations presented in this report were prepared assuming that on~s|te soils will be used for fill grading in proposed pavement areas. If used, we recommend that on site soils be placed in loose lifts not exceeding 8 in. in thickness and compacted to at least 95 percent of the maximum density as determined byTxDUT, Tex-114'E. The moisture content of the fill should be maintained within the range of optimum water content to 3 percentage points above the optimum water content until permanently covered. We recommend that fill materials be free ofroots and other organic mrdegradable material. VVealso recommend that the maximum particle size not exceed 4in. orone half the lift thickness, whichever issrnaker. R A B A KAS r 14 E R Project No. A4A17[)19�0Q 21 May 12, 2O17 LIME TREATMENT OF SUBGRAIDE Unne treatment of the $ubonade soils should be in accordance with the TOOT Standard Specifications, Item 260, Asufficient quantity mfhydrated |imeshould bemixed with the subgradesoils until either the pH of the soil-lime mixture is at least 12,4 or higher concentrations of lime do not increase the pH, as specified in Part U| of TOOT procedure Tex-12I-E, Soil Lime Testing. For estimating purposes, we recommend that 5 percent !)nne by weight be assumed for treatment. For construction purposes, we recommend that the optimum Onnecontent ofthe subgradesoils he determined bylaboratory testing. Lime-treated subgradesoils should be compacted tmaminimum of9Spercent ofthe maximum density at a moisture content within the range of optimum moisture content to 3 percentage points above the optimum moisture content as determined by Tex-113-E. Nye recommend that lime treatment extend at least 3ftbeyond the curb. If |[rne treatment is considered as a method to improve pavement aubgrade conditions, it is also recommended to perform additional laboratory testing to deter/nine the concentration of soluble sulfates in the subgracle soils, in order to investigate the potential for a recently reported adverse reaction to lime /n certain sulfate-containing soils. The adverse reaction, referred to as sulfate-induced heave, has been known to cause cohesive sub0rade soils to sxve|| in short periods of time, resulting in pavement heaving and possible failure. FLEXIBLE BASE COURSE The flexible base course should be crushed limestone conforming tuTxDOTStandard Specifications, Item 247,Type A, Grades 1 or 2, Base course should be placed in lifts with a maximum thickness of in. and compacted to a minimum of 100 percent of the maximum density at a moisture content within the range of percentage points below to 2 percentage points above the optimum moisture content as determined byTex-I15-E. ASPHALTIC CONCRETE SURFACE COURSE The asphaltic concrete surface course should conform to TOOT Standard Specifications, Item 340, Type D. The asphaltic concrete should be compacted to minimum of 92 percent of the maximum theoretical specific gravity (Rice) of the mixture determined according to Test Method Tex-227-F. Pavement specimens, which shall be either cores orsections mfasphaltic pavement, will be tested according toTest Method Tex-207-F. The nuclear-densiiygau0e or other methods which corre|atesatistocLori|y with results obtained from project roadway specimens may be used when approved by the Engineer. Unless otherwise shown on the plans, the Contractor shall be responsible for obtaining the required roadway specimens at their expense and in a manner and at locations selected by the Engineer. PORTLAND CEMENT CONCRETE The Portland cement concrete should beair entrained to result in o4percent plus/minus 1percent air, should have a maximum slump of inches, and ahmw|d have minimurn 28-day compressive strength of 4,000 psi. A liquid membrane-fmrrningcur|ng compound should be applied assoon aspractical after broom finishing the concrete surface. The curing cmnnpound will help reduce the loss of water from the concrete. The reduction in the rapid loss in water will help reduce shrinkage cracking of the concrete, R A B A K l S 7N E R Project No,AAAl7-019-OO 22 May I2, 2O17 CONSTRUCTION RELATED SERVICES CONSTRUCTION MATERIALS TESTING AND OBSERVATION SERVICES As presented in the attachment to this report, Important Information About Your Geotechnical Engineering Report, subsurface conditions can vary across a project site. The conditions described in this report are based on interpolations derived from a limited number ofdata points. Variations will be encountered during construction, and only the geotechnical design engineer will be able to determine if these conditions are different than those assumed for design. Construction problems resulting from variations or anomalies in subsurface conditions are among the most prevalent on construction projects and often lead to delays, changes, cost overruns, and disputes. These variations and anomalies can best be addressed if the geotechnical engineer of record, 0KC| is retained to perform construction observation and testing services during the construction of the project. This isbecause: � RKC| has anintimate understanding ofthe geotechnicaiengineering report's findings and recommendations. RKCl understands how the report should be interpreted and can provide such interpretations onsite, mnthe client's behalf. w RKOknows what Subsurface conditions are anticipated atthe site. � RK[| is familiar with the goals of the owner and project design professionals, having worked with them |nthe development ufthe geotechnical workscope. This enables RKC| to suggest remedial rneasures (when needed) which help meet the owner's and the design teams' requirements, m RKO has a vested interest in client satisfaction, and thus assigns qualified personnel whose principal concern is client satisfaction. This concern is exhibited by the manner in which contractors' work is tested, evaluated and reported, and in selection of alternative approaches when such may become necessary. � RNC| cannot be held accountable for problems which result due to misinterpretation of our findings or recommendations when we are not on hand to provide the interpretation which is required. BUDGETING FOR CONSTRUCTION TESTING Appropriate budgets need to be developed for the required construction testing and observation activities. At the appropriate time before construction, we advise that RKG and the project designers meet and jointly develop the testing budgets, as well as review the testing specifications as it pertains tothis project. Once the construction testing budget and scope ofwork are finalized, we encourage a precmnstruction meeting with the selected contractor to review the scope of work to make sure it is consistent with the construction rne@nS and methods proposed bythe contractor, RKC| looks forward tothe opportunity to provide continued support on this project, and Would welcorne the opportunity to meet with the Project Team todevelop both ascope and budget for these services, R A B A KUS ''r N E R SBA K I S I E Jr .... ... r P w ii r � Austin IT '10CAT,6I MAP t NJY k� / w + / � I u , ��/, W/��✓� r �r� 'gym � !�1N v �d r �v Y i 0 25 5fb% z�0�/i,150 F Er r No :, _ An,�azr.�y��10 II 8100 Cameron y � II' 151 Aus28754 BORING' LOCATiCN MAP ip1f 17"n V RESIrmriM I"ONo-OMESDEVELOFMEN] FIGURE (»12)339 6174 FA,X uW1GN110IN Of EAST BAGDADdVlVli � AND SOU I!H MAYS STREEI T 4:7(nek� wvw�U srara v Ir�u�avul8a�U 32°u2 aarrarov NOTE M,%I mw ,�,401v,� Mer lni'1lWi.m,uV i,, wir,UMHy/wI i tie C£Y sara"W 1,Nall' 44[4 10,ntlI'0,co—pueY q I YF"I�PaM% G OF BORING I . - . IIIIVu Residential Townhonrie Development K � S T IN EI��°� Southeast Intersection �of E Bagdad Ave Mays t Tt3m"Ir:hruru rCegis¢ra�Oon No.m:.3'." DRILLING Round nd IRiock,, Texas METHOD; Str�a'ugtrt F=IuRUDt�4%ugeir LOCAT@OII�&. Uwe.30U 50 14; W ;p,67799 ........ ......... ................... I ................... ... aHlll %RTIILI�u T�� IW ✓11=T T 3 3 4.0° t 5 1.0 7 sEa UIT� N = I��ATfI IAL �: ............................. ........ ........ _ .. X"I'.. ........ ...... -- — CONCRETE (5 inches) 22 CLAY(CH),IFat,Very SAtIff,Dairk Brawn _..,_...................................................................................................................................................................... ................. ........................ ................................................................................... CLAY(CL),Lrpan,Sancly, Hard,Tarn ................ ..... M...t, A .... �. fit,TN�» Hardjari 3ub k ............. ....�.... u.ue .....T....,, ..Y nu.A ...................� 0 LU LU I tA UU aa, to .. µ. 'I'S...._ _ .. ... .... . ... .... . .... _ _ .. .... ....... .. ..... ... .... .... ....... .... ........ ................ IBoring'f irirm i nated �a �a N TIS; " �1, Groundwater not encountered rc urlimnt, V"A drilling operat:ro ns. GS 2.Borehole was batckfirlled with auger cl ut.titogs. a UU ua.0 Pr-- t z 25 i .... .. DEPTH DATE DRIIL'LED: 4/18/ 201 lf,�l t"ICHIMEASURED:I4/182013 _ I tR o �d P�1 4fi-�t�k�9 "tft3 .............................................................................................. .......... .......... LOG OF BORING NO. B-2 R A B AIi Residential Townhome Development K I S T N E R Southeast Intersection of E Bagdad Ave & S Mays St TBPE Firm Registration Na.V-3257 DRILLING Round Rock, Texas METHOD: Straight Flight Auger LOCATION. N 30,50761;W 97,67796 SHEAR STRENGTH,TONS/Ft tz 0 M 1,0 1.5 2,0 M M 3.5 4.0 96 9 DESCRIPTION OF MATERIAL ....... .................... 3: z PLAST6C WATER LIQUID 9 LIMIT CONTENT LIMIT ..........1Q.......... ......... ......... i ......... ........................ .,CONCRETE (5 inches) ............................ AA --------------------------------- --------............................. ............ .......... .......... ERASE (6 inches) ............. Fat,Hard,Dark Brown 50 3'° _0............... .......................... ........................................................................... CLAYEY GRAVEL(GC),Very Dense,Tan X�x 4 X 50/10" 0 X_ 19 ........ ......................... ..................................................................................................................................................... ............................. .......................... LIMESTONE,Hard,Tan Jw` ref/5' a 0 ref/2' 0 bUd ref/1,5" 0 0 Cf- < CL LU ref/0.5"' 0 Uj 15 BoHng Terminated NOTES: 0 1,Groundwater not encountered during dr1iing operatlans, ter 2, Borehole was backfilled w4h auger 0 cuttings. Uj LU 0 z ............. ............ ........... ............ ............ DRILLED':LLED': DEPTH TO WATER: Dry PRO) No.: AAA17-01 C PT 9-00 LATE DRILLED: 4/18/2017 DATE MEASURED- 4/18/2017 FIGURE: 3 ........................................................................................................................... .............................................................. ............................. ....... LOG OF BORING NO. B-3 RABA ResWential Townhome Development I< I S T N E R Southeast intersection of E Bagdad Ave & S Mays St 113PL Firm Registrafion No,F 3257 DRILLING Round Rock,Texas METHOD: Straight Flight Auger LOCA110M N 30�507791'W 97�67753 SHEAR STR "7 ENGTH,I , /Fl. ')�l ' - TONS G L: 0- -0- 4 0 Uj 2 0,5 1�0 1�5 M 15 10 15 4�O DESCRIPTION OF MATERIAL ------------- ............ W E AS� ra z "ASUC WATER UQUID, �'jM'T '0 TL I 'IMIT CONTENI LIM r X L\ CONCRETE (8 inches) \E kS -(iinc'h'e's)--------------------------------------------- 10 69 CLAY(CH),Fat,Stiff to Very Stiff,Dark Brown sandy above 2f ref/5' ---------—-------------------------------------------------- CLAYEY SAND(SC),Gravelly,Very Dense, "Tan 50/11"' 0 K- X 14 37 0 CL Lu CLANY(CH)i,Fat,Very Stiff,�Gray and Brown, 22 -10 with ferrOUS staining 0 with cakareous deposits above 12 ft W LL Uj Uj Boring Terminated 0 NOTES: 0 X, 1.Groundwater not encountered during drifling operations. 2. Borehole was backfiNed with auger cutflrlgs. LJ 20- 0 z ....................... ........................ -------- .......................... DEPTH DRILLED: 150 ft DEPTH TO WATER: Dry PROD„No,,. AAA17 019 001 DATE DRILLED: 4Y13Y2017 DATE MEASURED: 4/13/241 . .......................................F.17 GUR4 ........................................................... LOG OF BORM NO. B-4 R A S A Residential Townhorne Devebpirneint L4 K � STNER Southeast liritiersiection, sof E Bagdad Ave & S Mays St TBPE Firaroa RegiM ration No_I 3257 DRILLING Round Rock,Texas METHOD: Straight Flight Auger LOCATIOW N 30.501753;W 97.67745 SHEAR STRENGTH,'TONS/FT ON 5 1.0 1.5 10 2.5 3,0 15 4.O arX ca CL DESCIRlPTION OF MATERIAL TLZ`nC WATLR LIQUID 1.10T CONIM LM" X ---------------- X_ ,CONCRETE (6 inches) ............. ....................................................... .......................... ......................... .......................... X/-,,BASE (6 inches) --------------------------------------------------- 9 0 CLAY(CH),Fat,Sflff to Very Stiff,Dark Brown 27 > X 50 5 11irnestonesears at5ft 50/4" —'fp- ............. .......................... ............................ CLAY(CL),Lean,Hard,Tan,with gravel 0 LU Cr A 43 a ------------------------------------------------------------------ .................................................................... CLAY(CH),Fat,Very Stiff,Gray and Brown was with calcareous deposits above 12 ft 26 6 0 way Lo LU Rearing Terminated 0 z Ca 9 NOTES: 1.Groundwater not encountered during drMing operations. 2.Borehole was backfilled with auger cmfings, ILU LU LU 0 .......................................... DEPTH DRILLED: 15,0 ft DEPTH TO WATERDry PROD,No.: AAAI 7 019 00 DATE DRILLED: 4/18/2017 DATE MEASURED: 4/18/20,17 FIGUREa 5 .................................... LOG OF �BORING NO. B-5 RABA Resig entiAl"minhorne DeveIopry)erit b KIST14EIR Southeast Il rite r'section of E Bagdad Ave &,S Mays St TOPE Hrm ReOskrafion No, F-325 7 DRULNG Round Rock,Texas METHOD: Straight Hight Auger LOCATION: N M50783;W 97.67707 SHEAR STRENGTH,TONS/FT W CL Uj 0�5 i'o 1�5 M M In 3,5 x :e 4�O Z: DESCMPTION OF MATERIAL SHEAR �j x 9 1'( 2�0 A 7 W _z z PLASTIC WAI ER LIQUID —Z UJ IM LWT CONTIE'N LAW ..........—-----1 .......2 ........ CONCRETE (8 hnclr)es) 10 0 i CLAY(CH),Fat,Stiff to Very Stiff, Dark Brown 20 0 5 40 0 CL Uj ...................................................... CLAY(CL),Lean,Hard,Tana,w4h gravel 0 W- U- cc 0. afb Uj Fb ............................................................................ D CLAY(CH),Fat,Very Sfiff,Gray and Brown 2.4 x 48 Uj —15 Boring Termunated z NOTES: 1.Groundwater not encountered during drflhng oper@Uons. 2.Borehole was backfffled with auger 09 cuttings. W Uj I X, 0 z 25 ................................................................................................................ ............ ............ DEPTH DRKLEID- 15,0 ft DEPTHTOWATEW Dry PROI;,No.: AAA17 019 00 DEPTH ' (�j U �DAL'IrEDRKLED: 4/17/2017 DATE MEASURM 4/17/2017 _LNGURE: 6 LOG OF BORING NO. B-6 RABA ResidentW Tominhorrie Developrnent b KISTNER Southeast Intersection sof E Baludad Ave &S Mays St TBPE Finn Ragiistration No,F 3257 D DRILLING Round Riock,Texas L�M�ETHOD: Straight Flight Auger LOCATION: N 30,50799;W 9767663 SHEAR STRENGTH,TONS/FT 11011 10- 1 -0. ..A -1 10 1� 01�5 1�0 �1.5 2.0 2�5 10 1S 4.0 ux 0 4, 2 DESCRIPTION OF MATERIAL ............................................................................................. T TRASTC WATER LIQUID Zz L�'4 VAT CONTENT Uml IF .,,,CONCRETE i Inche ) ............................................................................................................... ———------------------------- ................... ................. 7 .................................................... C ..............................................................LAY i Fat,Stiff tri Very Stiff, Dark 13 41 52 Brown to Brown 14 - 5 22 a 0 ....................................................................................................................................................................... n. CLAY(CL),ILea n,[-Uardjan,With gravel uj 0 SO/4" uxa LU 4 ASC LU ........... ..................... CLAY(CH),Fat, Flard, Gray and Brown UJ LU 33 0 W X m .............- I Boring Terminated 0 z 1.Groundwater not eincountleii durfiig d6fling operations, Q9 2,Borehole was backfi1led with auger, C-) cuttings, uj 20- 0 25 ................... ................................................... DEPTH DRILLED: 15.0 ft D IF PTH �U W'A FE R: Dry PRM No,: AAA17-019-00 "'J' 0" DATE DRILLED: 4/17/2017 DATE MEASURED: 4[17/2017 L�Hl G LURE: 7 ............ ............ LOG OF BORING NO. B-7 RABA Residenfial Townhorne Dev0o�'.)rnent b K � STNER Solutheast Intersecdon of E Bagdad Ave &S Mays St 18PE Firm Heg�skuafion Na.F 3257 DMILUNG Round Rock,'rexas VIETHOD: Stradght Hight Auger LOCATION., N 301M8161-W 97,67628 SHEAR STRENGTH,TONS/FT 0,5 1_0 1�5 M M 10 15 4,0 vu DESCRIPTION OF: MATEMAL .. .............................................. . —A1 ........................... Z2 7,LAS'T C WMER LICUD UWT CONIM LOMIll x Ffl..L SAND,GravelIlly,Meftrn Dense,with day 25 0 Cl AY(CH),Fat,Fl and Dark Brown to Brown -------------—— -------------—-------------_7 D 1 0 CLAY(CL),Lean,Flardjari,with gravel m0 Uj 50/91, 40 0 elf CL Uj X 0 x 27 10, z ----------------------------------------------- ------------- ------ CLAY(CH),Fat,Hard,"Fan and Gray wru vs 34 a 'X LU n_ . ..... ....... ....... ....... ....... ....... ....... ....... ....... ....... ....... ..... ....... .......— — — __- M --- -- --- ------ Boring"rerminated 0 z 9 0 0 NOTES: 1.Groundwater not encountered during V� drilling operations, 2.Bolrehde was backfilled with auger 9 Cuttings. 11" VI 20 UJ I_ 0 z 25 DEPTH DMI LEIS 15 0 ft DEPTH TO WATERDry PROJ,No, AAA17-019-00 DA"m DRIIIJILIED, 4/14/2017 DATE MEASURED: 4/14/2017 MUM........................8 ....................._____.................................... .............. .................. ...................... LOG OF BORING NO. B-8 R A B A Residential Townhon'ie Development K I S T N E R Southeast Intersection of E Bagdad Ave &S Mays St TBPE Firm Registration No.F-3,257 DRILLING Round Rock, Texas -F257 METHOD. Straight Flight Auger LOCATION: N M50812,W 97,67595 ---7 S�HEAR STRENGTH,TONS/FT' 0, --0 �A— I,- W 0 t M 1�0 1�5 2,0 2.5 3,0 15" 4�O DESCRIPTION OF MATERIAL t: Q z 9� T C 1 C U'� i—C —'W—Al E 0 LAW CONTENT UNI[T X 4 X-- 0---2 FILL:GRAVELLY CLAY,Sandy,V;ry SVff, Light Brown, CLAY(CH),Fat,Stiff,Dark Brown to Brown, with sand T 9 80 ........................................................................................... ..........-......... .................. ................... ......... ......... ......... 5 — CLAYEY GRAVEL(GC),Brown and Tan ... 48 ............... ............................................................................................................................ ................................................ ...................................... CL 0 CLAY(CH),Fat,Very Stiff,Tan and Brown LU b �ll 0 rX 0- Uj ---10 0 U. Uj a. Uj LU LU V) Uj Boring Terminated0 ------------ z D NOTES: 0 1,GrOUndwater riot encountered during V) Ln drilhng operations. 0 2.Borehole was backfdled with auger 0 j cuttings, Uj Uj 20— z 25, DEPTH DRILLED: 15�0 ft DEPTH TO WATER: Dry PRO), No,: AAA17.,019-00 'PT U RI 4/l x/2017 DA"rE DRILLEM L!-�: DATE MEASUREM 4/17'/2017 FIGURE: 9 LOG OF BORING NO. B-9 �IARABA ResidentW Townhome Development K I S T 14 E R Southeast Intersection of E Iia dad Ave &S Mays St TBPE Firm Registration No.F-3257 DRILLING Round Ruck, Texas IMETH OD, Straight Flight Auger LOCATIOW N M50821„W 97 67549 SHEAR STRENGTH,TONS/F"1' �5 > 0-- - 0- —0- O 'A 0 0 0 W W 1,0 1,5 10 15 10 15 4�O 12 DESCRIPTION OF MATERIAL tz X �5 _ 11,W C WATER L[Qum L LIM" 1W CCONONTENT JmrT X X BASE CLAY i(CFI),Fat,Very Stiff, Dark Brown gravelly below 2 ft 23 4 ----------- ------ CLAYEY GRAVEL(GC),Sandy,Very Deinse, 5 'ran 0 - ------------------------------------------------------------------------------ --------------------------------------------------------------------- a. CLAY(CH),IFat,Very Stiff to Hard,Gray and U1 Birlowin,Wth calcareous deposits 16 0 Uj (3 0- W X40- 00 K 54 0 W CL CL W V) 0 to V) Boring Terminated 0 z NOTES: 0 1.Groundwater not encountered duding drilling operations. Q9 2,Borehole was backfillIed with auger 0 cuttings. Ui V) W X Uj F- 0 z 25._. -------- --------------------------------------------- ------------------------ ----------------------------- DEPTH DRILLED: 15,(1ft DEPTH TO WATM Dry PRCUNo.- AAA17-01.9-00 DATE DRILLED: 4/17/2017 DATE N4EASU RED: 4/11/2017 FIGURE: 10 KEY TO TERMS AND SYMBOLS MATERIAL TYPES SOIL.TERMS ROCK"PERMS OTHER CALCAREOUS PFAT CHALK LIMES110NE ASPHALV A A A A Z3, CA�CHE ✓ WkYSIN)NE A SAND MARI, A BASE L:�, : �"'--A.......... �� C4MAORIHICCLAY SANDY CLAY S114ALECONCREIIE/CEMEINT CONGILOMEIWE SANDSIrON11 BRICKS PAVEIRS CLAYEY 511HA111 I WAME GRAVEL S11 I TY DOLOMITE =M "I x x x GRAVEUY FlU x j IGNEOUS SU,TSTONE NO INFORMATI10N WELL CONSTRUCTION AND PLUGGING MATERIALS 717 y, X/ 81 N rON1171E& BLANK PI RE BENTOMTE CIVITIINGS CWTINGS SAND WN'CLAY SCREEN CE MEN f GROUT CONCRE�F/CEME4 T c3 GRAVEL SAMPLE TYPES STRENGTH TEST TYPES 0_4 POCKET PL6TTk0M01LR A Al �v AIR MUD ROTARY ROTARY CMEP BE rORVANF GRAB NUNCONFINED COMPRES90N SAMPLE RECOVERY SPU I BARR1:L MfAMAI COPAPRISSN)N UNCONSOMAI k L)UNLIRARQ I) CORE N11 CORE SPLIT SPOON TII COMPRESSION CONSOUDA�EDA09)RAWE0 GEOPROBE PtTCHER I EXAS LON 1:: SAMPLER JlI,`.NEI RI')Mfl 1:R NCD ED ROTOSONR ROMVW,� T DISURBIED DAMAGED IN,Ar, I PROJECT NO. AAA17�019-00 A B A K I S "r N E R 04/2012 FIGURE Ila KEY TO TERMS AND SYMBOLS (CONT'D) TERMINOLOGY Terms used in this report to describe soils with regard to their consistency or conditions are in general accordance with the discussion presented in Article 45 of SOILS MECHANICS IN ENGINEERING PRACTICE, Terzaghi and Peck, John Wiley & Sons, Inc., 1967, using the roost reliable information available frorn the field and laboratory investigations. Terms used for describing soils according to their texture or grain size distribution are in accordance with the UNIFIED SOIL CLASSIFICATION SYSTEM,as described in American Society for Testing and Materials D2487-06 and D2488-00, Volurne 04.08, Soil and Rock; Dimension Stone; Geosynthetics,2005. The depths shown on the boring logs are not exact, and have been estimated to the nearest half-foot. Depth measurements may be presented in a manner that implies greater precision in depth measurement, ke 6.71 meters, The reader should understand and Interpret this information only within the stated half-foot tolerance on depth measurements, RELAT'I'VE DENSITY COHESIVE STRENGTH PLASTICITY Penetration Resistance Relative Resistance Cohesnon Plasticity Degree of Blows per ft Clensit BloWj_per ft TSF Index Plasticity 0 4 Very Loose 0 2 Very Soft 0 . 0125 0 5 None 4 10 Loose 2 4 soft 0,125 0.25 5 10 Low 10 30 Mediurn Dense 4 8 Firm 0.25 0.5 10 20 Moderate 30 50 Dense 8 15 stiff 0,5 1,0 20 40 Plastic > 50 Very Dense 15 30 Very Stiff 1.0 2,0 > 40 Highly Plastic > 30 Hard > 2,0 ABBREVIATIONS B = Benzene Clarn,Qas,Qal Quaternary Alluvium Kef == Eagle Ford Shale T = Toluene Qat Low Terrace Deposits Kbu Buda Limestone E = Ethylbpnzene Qbc == Beaumont Formation Kdr Del Rio Clay X Total XyIenes Or == FILIViatile Terrace Deposits Kft Fort Terrett Member B`IFX 'Fatal BTEX Qao = Seymour Formation Kgt Georgetown Formation TPH Total Petroleum Hydrocarbons QIe Leona Formation Kep Person Formation ND mm Not Detected Q 1 u Uvalde Gravel Kek = Kainer Formation NA = Not Analyzed Ew = Wilcox Formation Kes Escondido Formation NR µ Not Recorded/No Recovery Frru Midway Group Kew = Walnut Formation OVA Organic Vapor Analyzer Mc n Catahoula Formation Kgr = Glen Rose Formation ppm = Parts Per MiHion E% Laredo Formation Kgru = Upper Glen Rose Formation Kknm Navarro Group and Mat1brook Kgrl = Lower Glen Rose Formation Marl Kh = Hensell Sand Kpg = Pecan Gap ChaLk Kau = Austin Chalk PROJECT NO, AAA1.7-01.9-00 RLVISED OV2,0112 FIGURE 11b KEY TO TERMS AND SYMBOLS (CONT'D) TERMINOLOGY SOIL STRUCTURE Slickensided Having planes of weakness that appear slick and glossy. Fissured Containing shrinkage or relief cracks,often filled with fine sand or silt;Usually more or less vertical. Pocket Inclusion of material of different texture that is smaller than the diameter of the sample. Parting Inclusion less than 1/8 inch thick extending through the sample. Seam Inclusion 1/8 inch to 3 inches thick extending through the sample. Layer Inclusion greater than 3 inches thick extending through die sample. Laminated Soil sample composed of alternating partings or seams of different soil type. Interlayered Soil sample composed of alternating layers of different soil type. Intermixed Soil sample composed of pockets of different soil type and layered or laminated structure is not evident, Calcareous Having appreciable quantities of carbonate. Carbonate Having more than 50%carbonate content. SAMPLING METHODS RELATIVELY UNDISTURBED SAMPLING Cohesive soil samples are to be collected using three-inch thin-walled tubes in general accordance with the Standard Practice for Thin-Walled Tube Sampling of Soils(ASTM D1587)and granular soli sarnples are to be coliected using two-Inch split-barrel samplers in general accordance with the Standard Method for Penetration Test and Split-Barrel Sampling of Soils(ASTM D1586). Cohesive soil samples maybe extruded on-site when appropriate handling and storage techniques maintain sample integrity and moisture content. STANDARD PENETRATION TEST (SPT) A 2-in.-01),1-3/8-in.-ID split spoon sampler is driven 1.5 ft Into undisturbed soil with a 140-pound hammer free falling 30 in. After the sampler is seated 6 in,into undisturbed soil,the number of blows required to drive the sampler the last 12 in. is the Standard Penetration Resistance or"N"value,which is recorded as blows per foot as described below. SPLIT-BARREL SAMPLER DRIVING RECORD Blows Per Foot _Descrij�tion .... . ................................................................................ 25 25 blows drove sampler 12 inches,after initial 6 inches of seating. 50/7" 50 blows drove sampler 7 inches,after initial 6 inches of seating. Ref/3" 50 blows drove sampler 3 inches during initial 6-Inch seating interval. NOTE:To avoid damage to sampling tools,driving is limited to.50 blows during or after seating interval. PROJECT NO, AAA17-019 00 RE WSED 04/2012 A B A K I S T N E R FIGURE 11e RESULTS OF SOIL SAMPLE ANALYSES PROJECT NAME: Residential 'T"ownhclme Development Southeast Intersection of E Bagdad Ave & S Mays St Round Rock, Texas FILE NAME: AA17-019-O0.GPJ 5/12/2017 Sample Water Dry Unit Shear o. Boring t - Blows Content Liquid Flastio Plasticity US , . %-200 St'Testth� CS l�de�alh8 Strength o. Depth perp (%) Limit Limit Index (Pco � Sieve (tsf) Test -1 0.5 to 2.0 22 19 M to 3.4 50/5" 9 V 51 4.5 to 4.6 ref/3" 10 6.5 to 6.7 ref/2" 5 6.5 to 6.7 ref/2.5°" 7 13.5 to 13.6 ref/1" 7 f B-2 1.0 to 1.6 50/3"° 16 2.5 to 3.6 50/151" 5 30 11 19 GC 4.5 to 4.9 ref/5" 6 6.5 to 6.7 ref/2" 6 f 6.5 to 6.6 ref/1.5" 5 13.5 to 13.6 ref/0.5" 6 B-3 0.5 to 2.0 '10 25 69 2.5 to 4.5 33 2.25 PCS 4.5 to 4,9 re 1`15" 10 6.5 to 7.9 50/111" 7 25 11 14 SCS 37 f1.5 to 10.0 22 20 110 to 15.0 25 � 1.75 PP S-4 0.5 to 2.0 9 32 2.5 to 4.0 27 24 70 20 50 CH 4.5 to 5.3 50/4" 6 6.5 to 8.0 43 7 6.5 to 10.0 26 21 13.0 to 15.0 22 1.75 Wer' B-5 0.5 to 2.0 10 30 $ 2.5 to 4.0 20 26 i 4.0 to 6.0 30 1.090 PP 6.0 to 6.0 19 2.090 PFS 6.5 to f1.9 ref/5" 7 13.5 to 15.0 24 12 64 16 46 CH S-6 1.0 to 2.5 13 29 73 21 52 CFI 2.5 to 4.Q 14 26 4.5 to 6.0 22 24 6.0 to 6.0 12 F 2.25 PIP 13.5 to 9.3 5014" 9 13.5 to 15.0 33 15 1 B-7 0.5 to 2.0 25 6 2.5 to 4.0 31 31 4.5 to 5.8 50P9,5 .. ........................... PP Pocket Penetrometer 'rV Toraane UC-Unconfined Compression FV Reld Vane UU=Unconsolidated Undrained Triaxla�," CU Consolidated Undrained Triaxial PROJECT NO. AAAA1.7-01 -00 KIST FIGURE 12 RESULTS OF SOIL SAMPLE ANALYSES PROJECT NAME: Residential Townhorne Development Southeast Intersection of E Bagdad Ave & S flays St Round Rack, Teas FILE NAME: , 17-01 -00,G 'J 5/12/2017 Boring Depth Blows Content Liquid Plastic Plasticity � USC, � Dry Unit �... .., �.Strength j Sample Water � f�tltt 1 %-200 atrenath Strength No. .... (ft} per 0. (%) . Lirnit Limit Index t (p Sieve (tsf) Test B-7 6.5 to 7.8 50/9. 10 I 6.5 to M 50/7" 6 40 13 27 CL � 13.5 to 15.0 34 23 i B-6 0.5 to 2.0 16 10 2.5 to 4.0 9 20 � 80 4.0 to 6.0 13 64 16 46 CH 1.25 PP 6.0 to 6.0 15 1.25 PP 6.0 to 10.0 24 1.50 PP 13.0 to 15.0 25 1.50 PP B-9 0.5 to 1.0 15 34 2.5 to 4.0 +i 23 9 4.5 to 5.9 50/111, 5 6.5 to 6.0 16 13 &0 to 10.0 20 71 17 54 CH 1,50 PP 13.0 to 15.0 25 215 PP a t i ti l i i s a .... .... ..... ..... ......................... PP=Pocket Penetrometer TV Torvane UC=Unconfined Compression FV 4 Field Vara UIJ=Unconsolidated Undrained Triaxial CU W Consolidated Undrained`triaxial PROJECT NO. A 17-019-(tip IS FIGURE 12b U.S. 11F:. 1E.OP'ENiN IIN 114Clils S D 11&S Ho-:::�VE: irNIG MBE]I".3 FuYDROMIET R 16 310 2010 ��¢ m 2 1.5 1 1101 , .,., i - r 0 .... ........... . . 7 �- w, .v 7 ' 65 Flu � 77 r r, ®e 45 w 40, 3 30 �.. �. . 25 om 20 a �r i .. . oil L 100 10 1 0A 01,01 DMI GRAIN S,IZE IN MUMETERS GRA EL SAND . � SILT OR CLAY riV rc I 4u ...........�-(X)arse aue"ri'lmuu ............._.-. . . ... .......... ................. ... ..... ................................. .. .........................................................-_..._b , —T _,____ _ ___ _______.,____ _____________________ _____________- SpecN�� en Vaw��o fific; tion V s�ific,,,afirwi V_V P P'V nuc,, (.all9 �.. ...... --___________________________________________________________________________________________________________________________________________________________________________ _____________ ____________________________ ____________________________ V -3 a -_-_-_. -_-_-_-_- -_-_-_-_- -_-_-_. -_-_-_-_- -_-_-_. -_-_-_-_- -_-_-_-_- _-_-_-_- -_-_-_-_- -_-_-_. -_-_-_-_- ---------------............................ ... 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" . i i. i ♦ ♦ i ' ♦ ♦ i ♦ ♦ II I' !1! 1111111 , I'I ISO Geotechnical Services Are Performed for assessment of their impact.Geotechnical engineers cannot Specific Purposes, Persons, and Projects accept responsibility or liability for problems that occur because Geotechnical engineers structure their services to meet the their reports do not consider developments of which they were specific needs of their clients.A geotechnical-engineering not informi study conducted for a civil engineer may not fulfill the needs of a constructor---a construction contractor—or even another Subsurface Conditions Can Change civil engineer.Because each geotechnical-engineering study A geotechnical-engineering report is based on conditions that is unique,each geotechnical-engineering report is unique, existed at the time the geotechnical engineer performed the prepared solely for the client.No one except you should rely on study.Do not rely on a geotechnicalengineering report whose this geotechnical-engineering report without first conferring adequacy may have been affected by:the passage of time; with the geotechnical engineer who prepared it.Arad no one man-made events,such as construction on or adjacent to the —not even you—should apply this report for any purpose or site;or natural events,such as floods,droughts,earthquakes, project except the one originally contemplated. or groundwater fluctuations.Contact the geotechnical engineer before applying this report to determine if it is still reliable.A Read the Full Report minor amount of additional testing or analysis could prevent Serious problems have occurred because those relying on major problems, a geotechnical-engineering report did not read it all.Do not rely on an executive summary,Do not read selected Most Geotechnical Findings Are Professional elements only. Opinions Site exploration identifies subsurface conditions only at those Geotechnical Engineers Base Each Report on points where subsurface tests are conducted or samples are a Unique Set of Project-Specific Factors taken.Geotechnical engineers review field and laboratory Geotechnical engineers consider many unique,project-specific data and then apply their professional judgment to render factors when establishing the scope of a study.Typical factors an opinion about subsurface conditions throughout the include:the client's goals,objectives,and risk-management site.Actual subsurface conditions may differ,sometimes preferences;the general nature of the structure involved,its significantly--from those indicated in your report.Retaining size,and configuration;the location of the structure on the the geotechnical engineer who developed your report to site,and other planned or existing site improvements,such as provide geotechnical-construction observation is the most access roads,parking lots,and underground utilities.Unless effective method of managing the risks associated with the geotechnical engineer who conducted the study specifically unanticipated conditions. indicates otherwise,do not rely on a geotechnical-engineering report that was; A Report's Recommendations Are Not Final • not prepared for you; Do not overrely on the confirmation-dependent • not prepared for your project; recommendations included in your report.Confirmation- • not prepared for the specific site explored;or dependent recommendations are not final,because • completed before important project changes were made, geotechnical engineers develop them principally from judgment and opinion.Geotechnical engineers can finalize Typical changes that can erode the reliability of an existing their recommendations only by observing actual subsurface geotechnical-engineering report include those that affect: conditions revealed during construction. The geotechnical • the function of the proposed structure,as when it's changed engineer who developed your report cannot assume from a parking garage to an office building,or from a light- responsibi"li"ty or liability for the report's confirmation-dependent industrial plant to a refrigerated warehouse; recommendations if that engineer does not perform the • the elevation,configuration,location,orientation,or weight geotechnical-construction observation required to confirm the of the proposed structure; recommendations'applicability • the composition of the design team;or • project ownership. A Geotechnical-Engineering Report Is Subject to Misinterpretation As a general rule,always inform your geotechnical engineer Cather design-team members'misinterpretation of of project changes—even minor ones--rand request an geotechnical-engineering reports has resulted in costly w # ENGINEERING o ENVIRONMENTAL - INFRASTRUCTURE - PROJECT CONTROL ------------------- Austin, TX Sain Antonio, TX Lake Worth, FL Brownsvift, "TX 111-lotiston, TX Lincoln, INE Diallas, 'TX McAllen, TX Salt Lake city, u"r f-'ireeport, TX New Braunfels, TX Mexlco RABA ICIS I NER