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Contract - Austin Traffic Signal Construction - 1/13/2022 CITY OF ROUND ROCK ORIGINAL TRANSPORTATION DEPARTMENT ROUND ROCK TEXAS Project Manual For: TRAFFIC SIGNAL AT US 79 (PALM VALLEY BLVD) AND AFRICA LN (BRUSHY CREEK PLANT RD) October 2021 i 1p''COF TEX�ll APPROVED *lot CI ATTO N EY / TIMOTHY GRIMES I Prepared By: Ij 100107 f ►1�0, .[/CENSER��`'�� /U J NAL ENG Date: 710 Hesters Crossing Rd#150 i .2021.10.25 Round Rock, TX 78681 21 :33:29-05'00' TBPE Firm Registration No F-754 2022- ��o TRAFFIC SIGNAL AT US 79 (PALM VALLEY BLVD) AND AFRICA LN (BRUSHY CREEK PLANT RD) TABLE OF CONTENTS Section Description No. of Pap-es 00020 Notice to Bidders 1 00100 Instructions to Bidders 4 Exhibit A 1 00200 Bid Bond 2 00300 Bid Form 9 00410 Statement of Bidder's Safety Experience 1 00500 Agreement 5 00600 Insurance&Construction Bond Forms Performance&Payment Bond Instructions 1 Insurance Instructions 1 00610 Performance Bond 2 00620 Payment Bond 2 00650 Certificate of Liability Insurance 1 00700 General Conditions 44 00800 Supplemental General Conditions 1 00900 Special Conditions 5 01000 Technical Specifications 61 Special Provisions 1 02000 Plans, Details and Notes 47 Plans set entitled Signal Design Plans for US 79 (Palm Valley Blvd) at Africa Ln (Brushy Creek Plant Rd) Sheet 1 through 47 8-2016 Table of Contents 00090665 00020 NOTICE TO BIDDERS NOTICE TO BIDDERS Sealed bids addressed to Bill Stablein, City of Round Rock, Transportation Department, 3400 Sunrise Road,Round Rock,TX 78665, for furnishing all labor,material and equipment and performing all work required for the project titled, Traffic Signal at US 79 (Palm Valley Blvd) and Africa Ln (Brushy Creek Plant Rd) (project includes installation of a traffic signal and other work as described in the plans, specifications, and contract documents), will be received until Tuesday December 7th at 2:00 pm ,then publicly opened and read aloud at the same address. Bid envelopes shall state date and time of bid and " Traffic Signal at US 79 (Palm Valley Blvd) and Africa Ln (Brushy Creek Plant Rd)". Bids must also be accompanied by a"Statement of Bidder's Safety Experience" included in Section 410 of the Project Manual. No bids may be withdrawn after the scheduled opening time. Any bids received after 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: https://www.roundrocktexas.gov/businesses/solicitations/ and at www.civcastusa.com. Bidders shall be responsible for printing or obtaining prints of the aforementioned documents as necessary. For questions please contact the City's Project Manager,Bill Stablein, at(512)218-3237. In case of ambiguity,duplication,or obscurity in the bids,the City of Round Rock reserves the right to construe the meaning thereof. The City of Round Rock further reserves the right to reject any or all bids and to waive any informalities and irregularities in the bids received. The successful bidder will be expected to execute the City of Round Rock's standard contract and to furnish performance and payment bonds, all as described in the bid documents. Contractors and subcontractors shall pay to laborers,workmen,and mechanics the prevailing wage rates as determined by the City of Round Rock. Publish Dates: Round Rock Leader 11/4/2021 11/11/2021 00020 10-2015 Notice to Bidders 00193093 Page 1 00100 INSTRUCTIONS TO BIDDERS INSTRUCTIONS TO BIDDERS 1. Prior to submitting any bid,bidders are required to read all drawings(plans), specifications, and all other Project Manual and/or Contract Documents carefully;to inform themselves by their independent research, test and investigation of the difficulties to be encountered and judge for themselves of the accessibility of the Work and all attending circumstances affecting the cost of doing the Work and the time required for its completion and obtain all information required to make a bid.The aforementioned documents may only be obtained from the City's website at the following web address:www.roundrocktexas.gov/ businesses/solicitations and www.civcastusa.com.Bidders shall be responsible for printing or obtaining prints of the aforementioned documents as necessary. 2. Should the bidder find discrepancies in, or omissions from the drawings (plans), specifications,or other Project Manual and/or Contract Documents,or should he be in doubt as to their meaning, he should notify at once the City and obtain clarification or addendum prior to submitting any bid.Any addenda issued will be posted with the documents at the web address mentioned in 1 above no later than two business days prior to the Bid Opening Date. Prior to submitting a bid, the bidder is responsible for determining if any addenda have been issued and for following any instructions required in any addenda issued. 3. It shall be the responsibility of the bidder to see that his bid is received at the place and time named in the Notice to Bidders in the Project Manual. Bids received after the scheduled opening time will be returned unopened. 4. Bids shall be submitted in sealed envelopes plainly marked "Sealed Bid" and showing the name of the project,the job number if applicable,and the opening date and time. 5. Bidders shall be responsible for submitting a copy of the City's Bid Form, Bid Bond Form, and Statement of Bidder's Safety Experience from the Project Manual documents posted at the web address as described in 1 above. 6. Bids shall be accompanied by a bid security consisting of a certified cashier's check in an amount not less than five percent (5%) of the total maximum bid price, payable without recourse to the City of Round Rock,or a bid bond in the same amount from a reliable surety company, as a guarantee that the bidder will enter into a contract and execute performance and payment bonds,as stipulated by item 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 1 00100 2-2021 (nstnictions to Bidders 00426487 7. If awarded the bid, bidder must submit Form 1295 on the Texas Ethics Commission (TEC) Website at httt)s://www.ethics.state.tx.us/whatsnew/elf info forml295.htm and submit the signed Form 1295 to the City Clerk at me *Oa-„roundrocktexas.pzov within ten (10)business days of notification of the award.Instructions for completing a Form 1295 are attached as Exhibit"A”to the Instructions to Bidders. 8. No conditional bids will be accepted. 9. A bidder wishing to withdraw his submitted sealed bid prior to the scheduled bid opening time must do so by presenting in person a written request signed by an authorized representative of the bidder to a City employee at the location for which sealed bids are to be addressed. No telephone, facsimile, or email requests will be accepted. The City will expend the time and effort that the City in its sole discretion determines is necessary to investigate the authenticity of a request before complying with a request. The City shall in its sole discretion determine if the City will comply with a request and the City shall not be held liable for not complying with a request. If the City does not comply with a request,the request shall automatically become null and void. 10. A bidder wishing to revise his sealed bid after submittal but before the scheduled bid opening time must first withdraw his bid as provided for in the Instructions to Bidders and then submit a sealed bid in accordance with the Instructions to Bidders. No revisions to a bid will be allowed after the scheduled bid opening time. The bidder shall be responsible for ensuring the amount of the bid security is as specified in the Instructions to Bidders. 11. All bid securities will be returned to the respective bidders within twenty-five(25)days after bids are opened, except those which the City elects to hold until the successful bidder has executed the Agreement. Thereafter, all remaining securities, including security of the successful bidder,will be returned within sixty(60)days. 12. Until the award of the contract, the City reserves the right to reject any and all bids and to waive technicalities; to advertise for new bids; or to do the work otherwise when the best interest of the City will be thereby promoted. 13. In case of ambiguity or lack of clarity in the statement of prices in the bids,the City reserves the right to consider the most favorable analysis thereof, or to reject the bid. Unreasonable and/or unbalanced prices submitted in a bid may result in rejection of such bid or other bids. 14. Award of the contract, if awarded, will be made based upon the criteria set forth in Section 2269.055 of the Texas Government Code. In determining the award of a contract under Chapter 2269,the City may consider; 1) the price;2)the bidder's experience; 3) the quality of the bidder's goods or services;4)the impact on the ability of the City to comply with rules relating to historically underutilized business; 5) the bidder's safety record; 6) the bidder's proposed personnel;7)whether the bidder's financial capability is appropriate to the size and scope of the project;and 8)any other relevant factor specifically listed in the request for bids. Page 2 00100 2-2021 Instructions to Bidders 00426487 15. Award of the contract, if awarded,will be made within sixty(60) days after opening of the bids, and no bidder may withdraw his bid within said sixty(60)day period of time unless a prior award is made. A Notice to Proceed will be issued within sixty(60)days after contract Execution Date as defined in the General Conditions. 16. Within ten(10)days after written notification of award of the contract,the successful bidder must furnish a performance bond and a payment bond in the amount of one hundred percent (100%) of the total Contract Amount. Said performance bond and payment bond shall be from an approved surety company holding a permit from the State of Texas, indicating it is authorized and admitted to write surety bonds in this state. In the event the bond exceeds $100,000.00, the surety must also (1) hold a certificate of authority from the United States secretary of the treasury to qualify as a surety on obligations permitted or required under federal law;or(2)have obtained reinsurance for any liability in excess of$100,000.00 from a reinsurer that is authorized and admitted as a reinsurer in this state and is the holder of a certificate of authority from the United States secretary 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 not commence Work under the Agreement until he has furnished certification of all insurance required and such has been approved by the City,nor shall the Contractor allow any Subcontractor to commence work on his subcontract until proof of all similar insurance that is required of the subcontractor has been furnished and approved.The Contractor's insurer shall use the certificate of insurance form included in the bid documents or the standard ACORD form. 20. If the bidder's insurance company is authorized, pursuant to its agreement with bidder, to arrange for the replacement of a loss, rather than by making a cash payment directly to the City,the insurance company must furnish or have furnished by bidder, a performance 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 Bidders 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; I) The Contractor will transfer title of consumable, but not incorporated, materials to the City at the time and point of receipt by the Contractor; 2) The Contractor will be paid for these consumable materials by the City as soon as practicable.Payment will not be made directly but considered subsidiary 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 Contractor, after execution of the contract and pursuant to Internal Revenue Service (IRS) regulations, shall furnish its Taxpayer Identification Number (TIN) to the City. The Contractor shall provide the appropriate information on a W-9 form(which can be provided by the City upon request). This form shall be submitted directly to the City's Accounts Payable Department to ensure security of the information. 24. If the Bid Form includes Add and/or Deduct Alternate bid items and/or otherwise provides for Alternate bids,the City will determine whether to select or not select one or more of the Add and/or Deduct Alternate bid items and/or Alternate bids at the City's sole discretion and for its greatest advantage. If the City selects any Add and/or Deduct Alternate bid items,the total bid amount will be determined by adding the amount of the selected Add Alternate(s) to, and deducting the amount of the selected Deduct Altemate(s) from the Base Bid or the selected Alternate bid. Page 4 00100 2-2021 Instructions to Riddcrs 00426487 EXHIBIT "A" FORM 1295 INSTRUCTIONS Pursuant to Section 2252.90 of the Texas Government Code, as of January 1,2016,any business entity entering into a contract with a local government that requires approval of the governing body must submit a disclosure of interested parties(Form 1295)to the local governmental prior to the execution of the contract. The Texas Ethics Commission (TEC) has created an electronic filing application for business entities to submit the required information and generate the required form. The City of Round Rock may not enter into a contract that requires the approval of the City Council until the business entity files a Form 1295 with the City Clerk. Please follow the instructions below to file your Form 1295 with the TEC and the City of Round Rock: Upon being notified of a bid award,the award recipient("business entity")must go to the following website: hgps://www.ethics.state.tx.us/filinainfo/1295/and follow the login instructions on the website application to complete a Form 1295. ✓ If this is a business entity's first time logging on to the website application,the business entity must create a Username and Password and then follow the application's instructions to complete a Form 1295. ✓ The City does not have a Contract ID Number System.Please insert 000000 and the project name in this box.Do not put the resolution number of the initial agreement if this is a supplemental agreement-only put the project name. ✓ Even if a business entity has no interested parties,Form 1295 still must be completed using the website application and filed with the City Clerk.Please note that there are very few instances that a business will not have any interested parties.Visit the TEC's FAO nage for the definition of an interested party. ✓ If a business is publicly traded,they are exempt from having to complete a Form 1295.Please e-mail the City Clerk stating such. • The business entity MUST print and sign the completed Form 1295 once it has been accepted by the TEC and no longer has DRAFT stamped on it. ✓ The signed Form 1295 must be scanned and e-mailed directly to the City Clerk at swhiteAroundrocktexas gov 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,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: ftg,vi�s*S,City Clerk hone: (512)218-5404 E-mail1fi j*3 Croundrocktexas.gov If you have questions regarding the actual form or the online filing application,please visit the TEC's FAQ page: https://www.ethics.state.tx.us/resources/FAOs/FAO Form I295.php Revised 8/2020 00200 BID BOND r BID BOND THE STATE OF TEXAS § § KNOW ALL BY THESE PRESENTS: COUNTY OF WILLIAMSON § That Austin Traffic Signal Construction Company,Inc.of the City of Pflugerville County of Travis State of Texas as Principal, and Colonial American Casualty and Surety Company authorized under the laws of the State of Texas to act as surety on bonds for principals,are held and firmly bound unto the CITY OF ROUND ROCK,TEXAS("Owner"), in the penal sum of Five Percent(5%)of the total amount of the Bid of the Principal submitted to the Owner, for the Work described below; for the payment whereof,well and truly to be made, and the said Principal and Surety do herby bind themselves and their heirs, administrators, executors, successors and assigns, jointly and severally,as follows: In no case shall the liability of the Surety hereunder exceed the sum of( Five Percent of the Greatest Amount Bid Dollars($5%GAB ), THE CONDITIONS OF THIS OBLIGATION ARE SUCH that,whereas,the Principal has submitted the above-referenced Bid to the Owner, for construction of the Work under the "Specifications for Construction of TRAFFIC SIGNAL AT US 79(PALM VALLEY BLVD)AND AFRICA LN (BRUSHY CREEK PLANT RD) " for which Bids are to be opened at the office of Owner on the 7th day of December 92021 . 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 performance 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 4th day of the month of November 2021 . Austin Traffic Signal Construction Company,Inc. Colonial American Casualty and Surety Company WSurety e �Pe-� erC�O Spha Hunter Printed ame Printed Name By: By: c �a Title: ;-4e_ 1 ` Title: Attorney-In-Fact Address: 4615 Priem Lane Address: 1299 Zurich Way,5th Floor Pflugerville,TX 78660 Schaumburg,IL 60196 00200 4-2020 Page 1 Bid Bond 00443638 Resident Agent of Surety: Signa ure Sophinie Hunter Printed Name 5005 LBJ Freeway,Suite 1500 Street Address Dallas,TX 75244 City, State,Zip Page 2 00200 4-2020 Bid Bond 00443638 (• J f ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS:That the ZURICH AMERICAN INSURANCE COMPANY,a corporation of the State of New York, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, a corporation of the State of Illinois, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND a corporation of the State of Illinois (herein collectively called the "Companies"), by Robert D.Murray,Vice President,in pursuance of authority granted by Article V,Section 8,of the By-Laws of said Companies,which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof,do hereby nominate,constitute, and appoint Ricardo J.REYNA,Tina MCEWAN,Don E.CORNELL,Joshua SAUNDERS,Robbi MORALES,Sophinie HUNTER, Kelly A.WESTBROOK,Tonie PETRANEK,Mikaela PEPPERS of Dallas,Texas,EACH,its true and lawful agent and Attorney-in- Fact,to make,execute,seal and deliver,for,and on its behalf as surety,and as its act and deed: any and all bonds and undertakings,and the execution of such bonds or undertakings in pursuance of these presents,shall be as binding upon said Companies,as fully and amply,to all intents and purposes,as if they had been duly executed and acknowledged by the regularly elected officers of the ZURICH AMERICAN INSURANCE COMPANY at its office in New York, New York., the regularly elected officers of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at its office in Owings Mills,Maryland.,and the regularly elected officers of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at its office in Owings Mills, Maryland.,in their own proper persons. The said Vice President does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article V,Section 8,of the By-Laws of said Companies,and is now in force. IN WITNESS WHEREOF,the said Vice-President has hereunto subscribed his/her names and affixed the Corporate Seals of the said ZURICH AMERICAN INSURANCE COMPANY, COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND,this 11 th day of May,A.D.2021. ATTEST: ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND By: Robert D.Murray Vice President By: Dawn E.Brown Secretary State of Maryland County of Baltimore On this 11th day of May, A.D.2021, before the subscriber,a Notary Public of the State of Maryland,duly commissioned and qualified,Robert D. Murray,Vice President and Dawn E.Brown,Secretary of the Companies,to me personally known to be the individuals and officers described in and who executed the preceding instrument,and acknowledged the execution of same,and being by me duly swom,deposeth and saith,that he/she is the said officer of the Company aforesaid,and that the seals affixed to the preceding instrument are the Corporate Seals of said Companies,and that the said Corporate Seals and the signature as such officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations. IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed my Official Seal the day and year first above written. 'j= /y. `<� `t Constance A.Dunn,Notary Public My Commission Expires:July 9,2023 'n"+zriteti``� Authenticity of this bond can be confirmed at bondvalidator.zurichna.com or 410-559-8790 EXTRACT FROM BY-LAWS OF THE COMPANIES "Article V,Section 8,Attorneys-in-Fact. The Chief Executive Officer,the President,or any Executive Vice President or Vice President may, by written instrument under the attested corporate seal, appoint attomeys-in-fact with authority to execute bonds, policies, recognizances,stipulations, undertakings, or other like instruments on behalf of the Company, and may authorize any officer or any such attomey-in-fact to affix the corporate seal thereto,and may with or without cause modify of revoke any such appointment or authority at any time." CERTIFICATE 1, the undersigned, Vice President of the ZURICH AMERICAN INSURANCE COMPANY, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND,do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate;and I do further certify that Article V,Section 8,of the By-Laws of the Companies is still in force. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the ZURICH AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 15th day of December 1998. RESOLVED: "That the signature of the President or a Vice President and the attesting signature of a Secretary or an Assistant Secretary and the Seal of the Company may be affixed by facsimile on any Power of Attorney...Any such Power or any certificate thereof bearing such facsimile signature and seal shall be valid and binding on the Company." This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at a meeting duly called and held on the 5th day of May, 1994, and the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the I Oth day of May, 1990. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice-President,Secretary,or Assistant Secretary of the Company,whether made heretofore or hereafter,wherever appearing upon a certified copy of any power of attorney issued by the Company,shall be valid and binding upon the Company with the same force and effect as though manually affixed. IN TESTIMONY WHEREOF,I have hereunto subscribed my name and affixed the corporate seals of the said Companies, this 4th day of November 2021 . .�"`' asst. Q, 13�: Brian M.Hodges Vice President TO REPORT A CLAIM WITH REGARD TO A SURETY BOND,PLEASE SUBMIT A COMPLETE DESCRIPTION OF THE CLAIM INCLUDING THE PRINCIPAL ON THE BOND,THE BOND NUMBER,AND YOUR CONTACT INFORMATION TO: Zurich Surety Claims 1299 Zurich Way Schaumburg,IL 60196-1056 www.reportsfclaims!u zurichna.com 800-6264577 Authenticity of this bond can be confirmed at bondvaIidator.zurich na.com or 410-559-8790 I . � r ZURICH Texas Important Notice IMPORTANT NOTICE AVISO IMPORTANTE To obtain information or make a complaint: Para obtener informaci6n o para presentar una queja: You may call Zurich North America's toll-free telephone Usted puede Ilamar al numero de telefono gratuito de number for information or to make a complaint at: Zurich North America's para obtener informacion o para 1-800-382-2150 presentar una queja al: 1-800-382-2150 You may contact the Texas Department of Insurance to obtain information on companies, coverages, rights, or Usted puede comunicarse con el Departamento de Se- complaints at: guros de Texas para obtener informacion sobre com- 1-800-252-3439 pahias, coberturas, derechos, o quejas al: 1-800-252-3439 You may write the Texas Department of Insurance: Usted puede escribir al Departamento P.O. Box 149104 de Seguros de Texas a: Austin, TX 78714-9104 P.O. Box 149104 Fax: (512)490-1007 Austin,TX 78714-9104 Web: www.tdi.texas.gov Fax: (512)490-1007 E-mail: ConsumerProtection@tdi.texas.gov Sitio web: www.tdi.texas.gov E-mail: ConsumerProtection@tdi.texas.gov PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning your premium or DISPUTAS POR PRIMAS DE SEGUROS O about a claim, you should contact the company first. If RECLAMACIONES: the dispute is not resolved, you may contact the Texas Si tiene una disputa relacionada con su prima de seguro Department of Insurance. o con una reclamaci6n, usted debe comunicarse con la compania primero. Si la disputa no es resuelta, usted ATTACH THIS NOTICE TO YOUR POLICY: puede comunicarse con el Departamento de Seguros de This notice is for information only and does not become Texas. a part or condition of the attached document. ADJUNTE ESTE AVISO A SU POLIZA: Este aviso es solamente para prop6sitos informativos y no se con- vierte en parte o en condici6n del documento adjunto. U-GU-296-E(06/15) Page 1 of 1 00300 BID FORM AUSTIN TRAFFIC SIGNAL CONSTRUCTION COMPANY, INC. P.O.Box 130 Ph.(512)255-9951 Round Rock,Texas 78680 Fax(512)255-0146 December 7,2021 PROPOSAL CONTROL: CITY OF ROUND ROCK PROJECT: US 79 @ AFRICA LANE HIGHWAY: US 79 COUNTY: WILLIAMSON Item Desc. Unit of Approx. Unit Bid No. Cade Bid Item Description Measure Quantities Price Amount 1 500 MOBILIZATION LS 1 $14,000.00 $14,000.00 2 502 BARRICADES,SIGNS,AND TRAFFIC HANDLING MO 2 $1,900.00 $3,800.00 3 618 CONDT(PVC)(SCHD 80)(21 LF 165 $22.00 $3,630.00 4 618 CONDT(PVC)(SCHD 80)(2")(BORE)W/PRESSURE GROUT CONCRETE LF 170 $64.00 $10,880.00 5 618 CONDT(PVC)(SCHD 80)(31 LF 30 $35.00 $1,050.00 6 618 CONDT(PVC)(SCHD 80)(4") LF 30 $42.00 $1,260.00 7 620 ELEC CONDR(NO.8)BARE LF 210 $1.25 $262.50 8 620 ELEC CONDR(NO.8)INSULATED LF 1100 $1.50 $1,650.00 9 620 ELEC CONDR(NO.6)BARE LF 385 $2.00 $770.00 10 620 ELEC CONDR(NO.6)INSULATED LF 780 $2.00 $1,560.00 11 621 TRAY CABLE(3 CONDR)02 AWG) LF 1060 $2.00 $2,120.00 12 628 ELC SRV TY D 120/240 070(NS)AL(E)PS(U) EA 1 $5,000.00 $5,000.00 13 644 REMOVE SM RD SN SUP&AM EA 4 $550.00 $2,200.00 14 666 REFL PAV MRK TY I(W)24"(SLD)000MIL) LF 96 $50.00 $4,800.00 15 666 REFL PAV MRK TY it(W)24"(SLD) LF 96 $2.00 $192.00 16 677 ELIM EXT PAV MRK&MRKS(41 LF 14 $21.00 $294.00 17 677 ELIM EXT PAV MRK&MRKS(18")(YLD TRI) EA 28 $21.00 $588.00 18 678 PAV SURF PREPFOR MRK(24") LF 96 $1.50 $144.00 19 680 INSTALL HWY TRF SIG(ISOLATED) EA 1 $27,500.00 $27,500.00 20 682 VEH SIG SEC(12 IN)LED(GRN) EA 10 $325.00 $3,250.00 21 682 VEH SIG SEC(12 IN)LED(GRN ARW) EA 4 $325.00 $1,300.00 22 682 VEH SIG SEC(12 IN)LED(YEL) EA 10 $325.00 $3,250.00 23 682 VEH SIG SEC(12 IN)LED(YEL ARM EA 4 $325.00 $1,300.00 24 682 VEH SIG SEC(12 IN)LED(RED) EA 10 $325.00 $3,250.00 25 682 VEH SIG SEC(12 IN)LED(RED ARW) EA 4 $325.00 $1,300.00 26 682 LOUVER(12")(ADJUSTABLE) EA 6 $200.00 $1,200.00 27 682 BACKPLATE W/REF BRDR(3 SEC)(VENT)ALUM EA 14 $95.00 $1,330.00 28 684 TRF SIG CBL(TY A)(12 AWG)(2 CONDR) LF 334 $1.50 $501.00 29 684 TRF SIG CBL(TY A)(14 AWG)(2 CONDR) LF 450 $1.25 $562.50 30 684 TRF SIG CBL(TY A)(14 AWG)(5 CONDR) LF 757 $2.50 $1,892.50 31 684 TRF SIG CBL(TY A)(14 AWG)(20 CONDR) LF 780 $4.75 $3,705.00 32 686 INSTALL TSPA(S)(MAST DBL)(INSTL ONLY) EA 2 $2,750.00 $5,500.00 33 6004 ITS COMM CBL(ETHERNET)(FOR PTZ CAMERA&RADIO ANTENNA) LF 320 $2.00 $640.00 34 "" VANTAGE NEXT PLATFORM(SHELF-MOUNT CCU WITH SHIP KIT) EA 1 $8,500.00 $8,500.00 35 --- VANTAGE VECTOR HYBRID EA 2 $4,300.00 $8,600.00 36 - VANTAGE NEXT CAMERA EA 2 $1,800.00 $3,600.00 37 - VANTAGE NEXT VIEWER AND SET UP TOOL EA 1 $1,500.00 $1,500.00 38 - VIVIDS COMMUNICATION CABLE(FOR VANTAGE CAMERAS) LF 1068 $2.00 $2,136.00 39 "'• AXIS NETWORK PTZ CAMERA EA 1 $2,200.00 $2,200.00 40 - LED BLANK-OUT SIGN ASSEMBLY EA 1 $3,800.00 $3,800.00 41 - ILSN(LED)(8 S) EA 4 $2,500.00 $10,000.00 42 "" PEGASUS TWIST PORT RADIO 5GHz 300MG EA 1 $2,000.00 $2,000.00 43 - ANTENNA-ULTRA DISH TP400 24-OBL EA 1 $350.00 $350.00 44 - OPTICOM DETECTOR-GTT MODEL 711(SINGLE) EA 2 $900.00 $1,800.00 45 - OPTICOM DETECTOR-GTT MODEL 722(DUAL) EA 1 $1,250.00 $1,250.00 46 "'• OPTICOM PHASE SELECTOR-GTT MODEL764 EA 1 $4,000.00 $4,000.00 47 - OPTICOM CARD RACK-GTT MODEL 760 EA 1 $750.00 $750.00 48 - OPTICOM CABLE-GTT MODEL 138 LF 868 $2.00 $1,736.00 49 •"' COMNET ETHERNET SWITCH EA 1 $1,600.00 $1,600.00 BASE BID $164,503.50 MATERIAL $74,131.68 ALL OTHER CHARGES $90,371.82 TOTAL $164,503.50 ADDITIVE BID ALTERNATE 1 32A 686 INS TRF SG PL AM(S)2 ARM(60'40')LUM&ILSN EA 2 $30,475.00 $60,950.00 TOTAL ITEMS 32A $60,950.00 LESS ITEM 32 ($5,500.00) TOTAL BID ALT 1-31,32A,33-49 $219,953.50 BID FORM PROJECT NAME: Traffic Signal at US 79(Palm Valley Blvd)and Africa Ln(Brushy Creek Plant Rd) PROJECT LOCATION: Round Rock,Texas OWNER: City of Round Rock,Texas DATE: December 7,2021 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 Traffic Signal at US 79 (Palm Valley Blvd)and Africa Ln(Brushy Creek Plant Rd) and binds himself on acceptance of this bid to execute the Agreement and bond for completing said Work within the time stated,for the following prices,to wit: Any addenda issued will be posted with the Project Manual and/or Contract Documents on the City's website at https://www.roundrocktexas.gov/businesses/solicitations/ by the close of business on Friday December 3rd,2021 . Prior to submitting a bid,the bidder is responsible for determining if any addenda have been issued and for following any instructions in any addenda issued. Bidder acknowledges receipt of the following Addenda by listing Addendum"number" and"date". BASE BID Bid Appr Item Description Item oz. Unit and Written Unit Price Unit Price Amount 1 1 LS MOBILIZATION I--- complete 'n place per fo`rt� dollars and 2t g,0 cents. /�cents. —1 �� t ` Vb� 2 2 MO BARRICADES, SIGNS,AND TRAFFIC HANDLING complete place h.A for�Q A,AQ "'''__ dollars and 2a�N) cents. r U 3 165 LF CONDT(PVC)(SCHD 80)(2") cte in place per for mpledollars and cents. 00300-9-2015 Page 1 of 9 Bid Form BASE BID Bid Appr Item Description Item ox. Unit and Written Unit Price Unit Price Amount 4 170 LF CONDT(PVC)(SCHD 80)(2") (BORE)W/PRESSURE GROUT CONCRETE for �1 compl 1te in place per �} v� dollars F �C) and cents., 5 30 LF CONDT(PVC)(SCHD 80)(3") com Tete in place per forrC dollars �O II J and cents. 3 l VJ 6 30 LF CONDT(PVC)(SCHD 80)(4") Tete in place per for tvl co O dollars and cents. �P 7 210 LF ELEC CONDR(NO. 8)BARE complete in place per for On Q- dollars and ,,t cents. ` 8 1100 LF ELEC CONDR(NO. 8) INSULATED ,q complete in place per for v/10 dollars and cents. 9 385 LF ELEC CONDR()40. 6)BARE complete in place per for -0 dollars � c7 D � � j and cents. 10 780 LF ELEC CONDR(NO.6) INSULATED complete in place per (� for 7! dollars and ( ./lt,( cents. l 00300-9-2015 Page 2 of 9 Bid Form BASE BID Bid Appr Item Description Item ox. Unit and Written Unit Price Unit Price amount 1 1 1060 LF TRAY CABLE(3 CONDR)(12 AWG) -�complete in place per oU fort dollars ,off 2 l and C r, cents. I? 1 EA ELC SRV TY D 120/240 070(NS)AL(E)PS(U) c mplete iniplace per for dollars and cents.Se30 Q ' 13 4 EA REMOVE SM RD SN SUP& AM Lj co�plgte inplac�per j for /� j� dollars andcents. 14 96 LF REFL PAV MRK TY I(W)24" (SLD)(100MIL) plete in place per for dollars and 5Rli5 cents. 15 96 LF REFL PAV MRK TY n(W)24" (SLD) complete in place per pd for dollars and Z cents. 1 16 14 LF ELIM EXT PAV MRK&MRKS (4") omple in place per for Wc/1, C)A dollars, Q� �c� and 7194 cents. ' 17 28 EA ELIM EXT PAV MRK&MRKS (18")(YLD TRI) ✓� cpmpletein place per a fordollars V and cents. Z 00300-9-2015 Page 3 of 9 Bid Form BASE BID Bid Appr Item Description Item ox. Unit and Written Unit Price Unit Price Amount 18 96 LF PAV SURF PREP FOR MRK (24") for Dcomplete in place per /1 dollars /r � and cents. / 19 1 EA INSTALL HWY TZ SIG (ISOLATED)* co lete i p cep r for dollars w and cents. 7V7 Tb 7— Cost Cost of INSTALL HWY TRF SIG(ISOLATED)shall include the following subsidiary items: TRAFFIC CONTROLLER FOUNDATION EA 1 TRAFFIC SIGNAL CONTROLLER EA 1 TRAFFIC SIGNAL CONTROLLER CABINET EA 1 LED RDWY LUMINAIRE(.25 KW EQ) EA 2 R10-10L(30"x 36")(LEFT TURN SIGNAL) EA 4 R3-4(36"X36")(NO U-TURN) EA 1 20 10 EA VEH SIG SEC(12 IN)LED (GRN) for ` omplete i place per HCl �� dollars �S ov 2E and cents. 3 21 4 EA VEH SIG SEC(12 IN)LED (GRN ARW) omp ete p ce per .��, for dollars ab �r1� and cents. J `� 22 10 EA VEH SIG SEC(12 IN)LED (YEL) for �co�}p�lto in pl ce er v�1✓VNJL dollars 3 3 �SV and cents. ` 23 4 EA VEH SIG SEC(12 IN)LED (YEL AR C letf in.1placF,per db for x—dollars and cents. 1 00300-9-2015 Page 4 of 9 Bid Form BASE BID Bid Appr Item Description Item ox. Unit and Written Unit Price Unit Price Amount 24 10 EA VEH SIG SEC(12 IN)LED (RED) ple in ce per X71 for ?' — dollars 30 and cents. J 25 4 EA VEH SIG SEC(12 IN)LED (RED ARW) c ete in ple per a� for h/� dollars '30 L and 2 cents. 32S' 26 6 EA LOUVER(12")(ADJUSTABLE) c�rnpleteyin pl e per for dollars �� c" and � .(tA cents. l 27 14 EA BACKPLATE W/REF BRDR(3 SEC)(VENT)ALUM compiete in place per for ti ' ,/ dollars and cents. 28 334 LF TRF SIG CBL(TY A)(12 AWG)(2 CONDR) �"�, complete in place per for V A S_ dollars and y cents. 29 450 LF TRF SIG CBL(TY A)(14 AWG)(2 CONDR) for complete in place per ✓�� dollars and cents. Z� 30 757 LF TRF SIG CBL(TY A)(14 AWG) (5 CONDR) complete in place per for dollars and cents. 00300-9-2015 Page 5 of 9 Bid Form BASE BID Bid Appr Item Description Item oz. Unit and Written Unit Price Unit Price Amount 31 780 LF TRF SIG CBL(TY A)(14 AWG)(20 CONDR) ---� �omplete in place per G a for dollars and §iz cents. 32 2 EA INSTALL TSPA(S)(MAST DBL)(INSTL ONLY) com le e�mplaje r wllar � 00 cents. S 33 320 LF ITS COM CBL(ETHERNET) (FOR PTZ CAMERA&RADIO ANTENNA) complete in place per O �a for dollars O� • and zz; i cents. ` 34 1 EA VANTAGE NEXT PLATFORM (SHELF-MOUNT CCU WITH SHIP KIT) ' co ple in ace�ier� �� for �ry� dollars �-�V o E MbG and cents. 35 2 EA VANTAGE VECTOR HYBRID com Mtem lace ?e�for pv .(S =0cellars �O (✓ and cents. ' 36 2 EA VANTAGE NEXT CAMERA corrl fete i p �„� s lqte ger p U � and for ,,,� cents. � � . 37 1 EA VANTAGE NEXT VIEWER AND SET UP TOOL cplete 'n �ce er for ae ollars and cents. U l 00300-9-2015 Page 6 of 9 Bid Form BASE BID Bid Appr Item Description Item oz. Unit and Written Unit Price Unit Price Amount 38 1068 LF VIVDS COMMUNICATION CABLE(FOR VANTAGE CAMERAS) complete in place per �c7 for dollars � OBJ and zz ,cents. 39 1 EA AXIS NETWORK PTZ CAMERA �om lete i plac e� Vii) � for �� 't� —dollars Z ZD& and cents. 40 1 EA LED BLANK-OUT SIGN ASSEMBLY colnplete�,ip ptce for i r..� Q. `r ollarsQQ U0 and cents.J 41 4 EA ILSN(LED)(8 S) --� lffo i �tplac pNe �for ollars Z Q D 1 e J and cents. ( / 42 1 EA PEGASUS TWIST PORT RADIO 5GHZ 300MG co plete in p ce per -08 a for i2� —dollar Z� and cents. 43 1 EA ANTENNA-ULTRA DISH TP400 24-DBL coinere Rice per G� for \ II dollars�� and cents. 44 2 EA OPTICOM DETECTOR-GTT MODEL 711 SINGLE) c mple in plate per c� D for �/� "-� �C dollars and cents. ` 00300-9-2015 Page 7 of 9 Bid Form BASE BID Bid Appr Item Description Item ox. Unit and Written Unit Price Unit Price Amount 45 1 EA OPTICOM DETECTOR-GTT MODEL 722(DUAL r t in la for ollars �0 and cents. � 0' Z 46 1 EA OPTICOM PHASE SELECTOR- GTT MODEL 764 �) c mplete in ce per dV for ��C JAS dollars D and cents. Lt��_ 47 1 EA OPTICOM CARD RACK-GTT MODEL 760 c m le 'rl e per G� for �/" dollars and cents. 7 S� 48 868 LF OPTICOM CABLE-GTT MODEL 138 complete in place per 0 d60 for dollars and cents. 49 1 EA COMNET ETHERNET SWITCH (� letF in glace�r for`'��`IC co po 11-t>1Wdollars U /� and cents. 00300-9-2015 Page 8 of 9 Bid Form UU41 U N 1 A l LIMEN 1 VV 1S11JDEK'J NAV E 1 Y EXPERIENCE TOTAL BASE BID(Items 1 thru 49 ) $ IfyLZ ' U - Materials: 13 1 . All Other Charges: Q 227/. 2 *Total: Z� *Note: This total must be the same amount as shown above for"Total Base Bid" ALTERNATE BID 1 Bid Approx. Item Description Item Quantit Unit and Written Unit Price Unit Price Amount 32A 2 EA IN TRF SG PL AM(S)2ARM(60- 44')LUM&ILSN 11 � s �4t cents. �� c a � TOTAL ITEMS IN ALTERNATE BID 1 (Item 32A; $ Q /So r - LESS BASE BID REDUCTION(Item 32; $ © 0 d� - TOTAL BID ALTERNATE 1 (Items 1-31,32A,33-49) $ -Z If this bid is accepted, the undersigned agrees to execute the Agreement and provide necessary bonds and insurance certification as per the Instructions to Bidders. The undersigned certifies that the bid prices contained in the bid have been carefully checked and are submitted as correct and final. The Owner reserves the right to reject any or all bids and may waive any informalities or technicalities. es Ily bm' ed, Signature Pn Na Address Z Title Telephone Austin Traffic Signal Constructon Co, Inc. Name of Firm Date Secretary,if Bidder is a Corporation 00200-9-2015 Page 9 of 9 Bid Form Solicitation Requirements, Contract Forms & Conditions of Contract Statement of Bidder's Safety Experience Section 00410 Bidder must submit a signed Statement of Bidder's Safety Experience form with his Bid; failure to do so will constitute an incomplete Bid that may be rejected. In order to make a responsive Bid, Bidder must provide evidence that it meets minimum OSHA construction safety program requirements, has not been fined by OSHA for any willful safety violations in the past three years, and has a lost time injury rate that doesn't exceed the limits established below. All questions must be answered and data given must be clear and comprehensive. If necessary, questions may be answered on separate attached sheets. Company Name: Ausw Traffic Si nal Construction Co, Inc. Address: Phone: Completed by: --�'`� f�—� rJ Date: 2 ^Z 1. Does the company have a written construction Safety program? es No 2. Does the company conduct construction safety inspections? �es No 3. Does the company have an active construction safety-training program? s ❑No 4. Has the company been fined by OSHA for any willful safety violations in the past ❑Yes o three years? 5. Does the company have a lost time injury rate of 7.8 for SIC 15,or 7.6 for SIC 16, Yes El No or less over the past three years? Attach the company's OSHA 200/300 logs for the past three years. 6. Does the company or affected subcontractors have competent persons in the following Areas? A. Scaffolding ❑Yes No /A B. Excavation es No ❑N/A C. Cranes es No ❑N/A D. Electricales No ❑N/A E. Fall Protection es No ❑N/A F. Confined Spaces es ❑No ❑N/A I hereby ce ' that the above information is tr and correct. Signa Title Page 1 00410 8-2014 Statement of Bidder's Safety Experience 00090654 1! Insurance Brokers & Consultants January 25, 2021 Re: Austin Traffic Signal Construction Co., Inc. 4615 Priem Lane, Pflugerville,TX 78660 3/1/2021 Workers' Compensation Experience Modification Factors To Whom It May Concern: The NCCI calculated Workers' Compensation experience modification factor for Austin Traffic Signal Construction Co., Inc. includes the payroll & loss data for a subsidiary company, ATS Drilling, Inc. If Austin Traffic Signal Construction Co., Inc. - Pflugerville had a separate Workers' Compensation experience modifier promulgated based solely upon their own payroll and loss history,their 3/1/2021 experience modifier would b0.81.] If you have any questions or require additional information or supporting documentation please contact our office. Sincerely, Leslie Helfer Sr. Client Manager EPIC Brokers&Consultant Leslie.Helfer@epicbrokers.com 713-410-8026 2700 Post Oak Boulevard,251h Floor Houston,TX 77056 EPICBROKERS.COM 713.629.9666 EDGEWOOD PARTNERS INSURANCE CENTER I CA LICENSE OB29370 WORKERS COMPENSATION EXPERIENCE RATING NCL/ Risk Name:AUSTIN TRAFFIC SIGNAL CONST CO Risk ID: 914013445 Rating Effective Date:03/01/2018 Production Date: 01/22/2018 State: INTERSTATE State Wt I Exp Excess Expected I Exp Prim Act Exc Losses Ballast Act Inc Losses Act Prim Losses Losses Losses Losses FL 1 .171 C 0 0 0 40,950 0 0 LA .12 c 0 0 0 60,375 0 0 MID .15 C 0 0 0 44,000 0 0 INC .15 0 0 0 48,400 0 0 OK .14 2,45 3,366 909 0 53,600 0 0 Tx 16 114,6011 186,0691 71,4681 67,2141 44,550 192,767 125,553 (A) (B (C)Exp Excess (D)Expected (E)Exp Prim (F)Act Exc (G)Ballast (H)Act Inc (1)Act Prim Wt Losses(D-E) Losses Losses Losses(H-1) Losses Losses 16 1 117.058 189 4351 72 377 67.2141 44.7111 173.8851 106 6711 Primary Losses Stabilizing Value Ratable Excess Totals (1) C' (1 -A) + G (A) ` (F) (J) Actual 106,671 143,040 10,754 260,465 (E) C (1 -A)+G (A) (C) (K) Expected 72.377 143,040 18 729 234,146 ARAP FLARAP SARAP MAARAP Exp Mod (J) (K) Factors 1.01 1.02 1.11 REVISED RATING RATING REFLECTS A DECREASE OF 70%MEDICAL ONLY PRIMARY AND EXCESS LOSS DOLLARS WHERE ERA IS APPLIED. THE ARAP FACTOR SHOWN IS FOR THOSE STATES CONTAINED ON THIS RATING THAT HAVE APPROVED THE ARAP PROGRAM AND IS CALCULATED BASED ON THE STATE WITH THE HIGHEST APPROVED MAXIMUM ARAP SURCHARGE.THE MAXIMUM ARAP SURCHARGE MAY VARY BY STATE. PLEASE REFER TO EACH STATE'S APPROVED RULES FOR THE APPLICABLE MAXIMUM ARAP SURCHARGE. REVISED RATING TO INCLUDE UPDATED DATA FOR:TX,POL.#:46WNQV7578, EFF.:09/01/2014 ©Copyright 19932018,All rights reserved. This product is comprised of compilations and information which are the proprietary and exclusive property of the National Council on Compensation Insurance,Inc.(NCCI). No further use,dissemination,sale,transfer,assignment or disposition of this product,in whole or in part,may be made without the prior written consent of NCCI.This product is furnished"As is""As available""With all defects"and includes information available at the time of publication only.NCCI makes no representations or warranties of any kind relating to the product and hereby expressly disclaims any and all express,statutory,or implied warranties,including the implied warranty of merchantability,fitness for a particular purpose,accuracy,completeness,currentness,or correctness of any information or product furnished hereunder.All responsibility for the use of and for any and all results derived or obtained through the use of the product are the end user's and NCCI shall not have any liability thereto. Page 1 of 9 WORKERS COMPENSATION EXPERIENCE RATING oxcrr Risk Name:AUSTIN TRAFFIC SIGNAL CONST CO Risk ID: 914013445 Rating Effective Date:03/01/2019 Production Date: 06/11/2019 State: INTERSTATE State Wt I Exp Excess Expected Exp Prim Act Exc Losses Ballast Act Inc Losses Act Prim Losses Losses Losses Losses AR .181 C 0 0 0 33,075 0 0 LA .11 C 0 0 0 54,000 0 0 M0 .13 c 0 0 0 46,900 0 0 NM .14 C 0 0 0 41,650 0 0 NC .14 C 0 0 0 42,000 0 0 OK .14 1,91 2,6891 779 01 42,000 01 0 Tx .15 100,72 159,8721 59,147 25,958 40,200 115,383 89,425 HI 14 0 0 0 42,875 0 0 (A) (B) (C)Exp Excess (D)Expected (E)Exp Prim (F)Act Exc (G)Ballast (H)Act Inc (1)Act Prim Wt Losses(D-E) Losses Losses Losses(H-1) 1 1 Losses I Losses .151 I 102.6351 162 5611 59,9261 25.9581 40.2301 96.4931 70.5351 Primary Losses Stabilizing Value Ratable Excess Totals (I) C`(1 -A)+G (A)`(F) (J) Actual 70,535 127,470 3,894 201,899 (E) C"(1 -A)+G (A)`(C) (K) Expected 59.926 127,470 15 395 202,791 ARAP FLARAP SARAP MAARAP Exp Mod Q/(K) Factors 1.00 1.00 REVISED RATING RATING REFLECTS A DECREASE OF 70%MEDICAL ONLY PRIMARY AND EXCESS LOSS DOLLARS WHERE ERA IS APPLIED. THE ARAP FACTOR SHOWN IS FOR THOSE STATES CONTAINED ON THIS RATING THAT HAVE APPROVED THE ARAP PROGRAM AND IS CALCULATED BASED ON THE STATE WITH THE HIGHEST APPROVED MAXIMUM ARAP SURCHARGE.THE MAXIMUM ARAP SURCHARGE MAY VARY BY STATE. PLEASE REFER TO EACH STATE'S APPROVED RULES FOR THE APPLICABLE MAXIMUM ARAP SURCHARGE. REVISED RATING TO INCLUDE UPDATED DATA FOR:TX,POL.#:46WNOV5717, EFF.: 03/24/2017 ©Copyright 1993-2019,All rights reserved.This product is comprised of compilations and information which are the proprietary and exclusive property of the National Council on Compensation Insurance, Inc.(NCCI).No further use,dissemination,sale,transfer,assignment or disposition of this product,in whole or in part,may be made without the prior written consent of NCCI.This product is furnished'As is'"As available""Wth all defects'and includes information available at the time of publication only.NCCI makes no representations or warranties of any kind relating to the product and hereby expressly disclaims any and all express,statutory,or implied warranties,including the implied warranty of merchantability,fitness for a particular purpose,accuracy,completeness,currentness,or correctness of the product or information contained therein.This product and the information contained therein are to be used exclusively for underwriting,premium calculation and other Insurance purposes and may not be used for any other purpose including but not limited to safety scoring for project bidding purposes.All responsibility for the use of and for any and all results derived or obtained through the use of the product and information are the end user's and NCCI shall not have any liability thereto. Page 1 of 8 t WORKERS COMPENSATION EXPERIENCE RATING ONCE! Risk Name:AUSTIN TRAFFIC SIGNAL CONST CO Risk ID: 914013445 Rating Effective Date:03/01/2020 Production Date: 12/19/2019 State: INTERSTATE State I Wt I Exp Excess Expected Exp Prim Act Exc Losses Ballast Act Inc Losses Act Prim Losses Losses Losses Losses AR 1 .161 C 0 0 0 30,400 0 0 LA .11 c 0 0 0 55,950 0 0 Mo .12 0 0 0 48,825 0 0 Nfvl .13 C 0 0 0 40,250 0 0 NC .13 C 0 0 0 40,950 0 0 OK .13 3 51 15 0 42,700 0 0 TN .151 0 0 0 32,000 0 0 Tx .141 87,48 136,192 48,706 22,609 35,525 133,291 110,682 HI 121 01 0 47,250 01 0 (A) (B) (C)Exp Excess (D)Expected (E)Exp Prim (F)Act Exc (G)Ballast (H)Act Inc (1)Act Prim Wt Losses(D-E) Losses Losses Losses(H-I) Losses Losses 1.141 1 87,5221 136,2431 48,721 1 13,9651 35.5281 93.5361 79.5711 Primary Losses Stabilizing Value Ratable Excess Totals (1) C*(1 -A)+G (A)*(F) (J) Actual 79,571 110,797 1,955 192,323 (E) C*(1 -A)+G (A)*(C) (K) Expected 48,721 110,797 12,253 171,771 ARAP FLARAP SARAP MAARAP Exp Mod (J)/(K) Factors 1.00 1.12 RATING REFLECTS A DECREASE OF 70%MEDICAL ONLY PRIMARY AND EXCESS LOSS DOLLARS WHERE ERA IS APPLIED. THE ARAP FACTOR SHOWN IS FOR THOSE STATES CONTAINED ON THIS RATING THAT HAVE APPROVED THE ARAP PROGRAM AND IS CALCULATED BASED ON THE STATE WITH THE HIGHEST APPROVED MAXIMUM ARAP SURCHARGE.THE MAXIMUM ARAP SURCHARGE MAY VARY BY STATE. PLEASE REFER TO EACH STATE'S APPROVED RULES FOR THE APPLICABLE MAXIMUM ARAP SURCHARGE. THE TENNESSEE CODE ANNOTATED SECTION 50-6-501 REQUIRES EVERY PUBLIC OR PRIVATE EMPLOYER THAT IS SUBJECT TO THE WORKERS COMPENSATION STATUTE TO"ESTABLISH AND ADMINISTER A SAFETY COMMITTEE IN ACCORDANCE WITH RULES ADOPTED PURSUANT TO T.C.A. SECTION 50-6-502 IF THE EMPLOYER HAS AN EXPERIENCE MODIFICATION RATE EQUAL TO OR GREATER THAN 1.2." ©Copyright 19932019,All rights reserved.This product is comprised of compilations and information which are the proprietaryand exclusive properly of the National Council on Compensation Insurance, Inc-(NCCI).No further use,dissemination,sale,transfer,assignment or disposition of this product,in whole or in part,may be made without the priorwritten consent of NCCI.This product is furnished'As is" "As available' Wth all defects"and includes information available at the time of publication only.NCCI makes no representations or warranties of any kind relating to the product and hereby expressly disclaims any and all express,statutory,or implied warranties,including the implied warranty of merchantability,fitness for a particular purpose,accuracy,completeness,currentness,or correctness of the product or information contained therein.This product and the information contained therein are to be used exclusively for underwriting,premium calculation and other Insurance purposes and may not be used for any other purpose including but not limited to safety scoring for project bidding purposes.All responsibility for the use of and for any and all results derived or obtained through the use of the product and information are the end user's and NCCI shall not have any liability thereto. Page 1 of 8 00500 AGREEMENT City of Round Rock,Texas Contract Forms Standard Form of Agreement: Section 00500 City of Round Rock, Texas Standard Form of Agreement between Owner and Contractor AGREEMENT made as of the �Yt'N'l �Q)day of in the year 202/- BETWEEN the Owner: City of Round Rock,Texas(hereafter"Owner"or"City") 221 East Main Street Round Rock,Texas 78664 and the Contractor A US4:,n 'TimAx-,r Siam.k(A-Ts') ("Contractor") LIlo(s PLary PFiuue.�'V ,tt� . Tx �'l�bbo The Project is described as: TRAFFIC SIGNAL AT US 79(PALM VALLEY BLVD) The Engineer is: HDR Engineering,Inc. 710 Hesters Crossing#150 Round Rock,Texas,78681 For and in consideration of the mutual terms, conditions and covenants of this Agreement and all accompanying documents between Owner and Contractor, the receipt and sufficiency of which are hereby acknowledged,Owner and Contractor agree as follows: ARTICLE I THE CONTRACT DOCUMENTS The Contract Documents consist of this Agreement,Conditions of the Contract(General,Supplementary and other Conditions), Drawings, Specifications,Addenda issued prior to execution of this Agreement,other documents listed in this Agreement and Modifications issued after execution of this Agreement;these form the Contract,and are as fully a part of the Contract as if attached to this Agreement or repeated herein. The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations,representations or agreements, either written or oral.An enumeration of the Contract Documents,other than Modifications,appears in Article 7. ARTICLE 2 THE WORK OF THIS CONTRACT Contractor shall fully execute the Work described in the Contract Documents,except to the extent specifically indicated in the Contract Documents to be the responsibility of others. 00500 4-2020 Page 1 of 5 Standard Forth of Agreement 00443647 ARTICLE 3 DATE OF COMMENCEMENT;DATE OF SUBSTANTIAL COMPLETION;DATE OF FINAL COMPLETION 3.1 The date of commencement of the Work shall be the date of this Agreement unless a different date is stated below or provision is made for the date to be fixed in a Notice to Proceed issued by Owner. 3.2 The Contract Time shall be measured from the date delineated in the Notice to Proceed. 3.3 Contractor shall commence Work within ten ( 10 ) calendar days from the date delineated in the Notice to Proceed. 3.4 Contractor shall achieve Substantial Completion of the items of Work listed on Attachment A to this Agreement no later than N/A ( N/A )calendar days from issuance by Owner of Notice to Proceed, and Contractor shall achieve Substantial Completion of the entire Work no later than sixty (60 )calendar days from issuance by Owner of Notice to Proceed,subject to adjustments of this Contract Time as provided in the Contract Documents. 3.5 If Contractor fails to achieve Substantial Completion of the Work(or any portion thereof) on or before the date(s)specified for Substantial Completion in the Agreement,Contractor shall pay to Owner,as liquidated damages, the sum of six hundred and No/100 Dollars($ 600.00 ) for each calendar day that Substantial Completion is delayed after the date(s) specified for Substantial Completion. It is hereby agreed that the liquidated damages to which Owner is entitled hereunder are a reasonable forecast of just compensation for the harm that would be caused by Contractor's failure to achieve Substantial Completion of the Work(or any portion thereof)on or before the date(s)specified for Substantial Completion in the Agreement and is not a penalty. It is agreed that the harm that would be caused by such failure, which includes loss of expected use of the Project areas,provision of alternative storage facilities and rescheduling of moving and occupancy dates,is one that is incapable or very difficult of accurate estimation. It is hereby agreed that if Substantial Completion of the Work(or any portion thereof) is not achieved on or before thirty(30)days after the date(s) specified for Substantial Completion in the Agreement, the Owner shall have the option to either collect liquidated damages as set forth herein or to thereafter rely on its remedies under the Contract Documents and at law and in equity, including without limitation, the recovery of actual damages. The date(s) specified for Substantial Completion of the Work(or any portion thereof)in the Agreement shall be subject to adjustment as provided in the Contract Documents. 3.6 Contractor shall achieve Final Completion of the entire Work no later than ninety 99_)calendar days from issuance by Owner of Notice to Proceed. ARTICLE 4 CONTRACT SUM 4.1 Owner shall pay Contractor the Contract Sum in current funds for Contractor's full and complete performance of the Work and all of Contractor's obligations under this Agreement. The Contract Sum shall be Two hundred nineteen thousand,nine hundred fifty-three dollars and fifty cents ($ 219,953.50 ),subject to additions and deductions as provided in the Contract Documents. 4.2 Does the Contract Stun include alternates which are described in the Bid Form? No . Yes X .If yes,please provide details below: Traffic signal poles 00500 4-2020 Page 2 of 5 Standard Form of Agreement 00443647 ARTICLE 5 PAYMENTS 5.1 PROGRESS PAYMENTS 5.1.1 Based upon Applications for Payment submitted to Engineer and Owner by Contractor,and Certificates for Payment issued by Engineer and not disputed by Owner and/or Owner's lender,Owner shall make progress payments on account of the Contract Sum to Contractor as provided below, in Article 14 of the General Conditions, and elsewhere in the Contract Documents. 5.1.2 The period covered by each Application for Payment shall be one calendar month ending on the last day of the month. 5.1.3 Provided that an Application for Payment is received by Engineer and Owner, and Engineer issues a Certificate of Payment not later than the tenth (10th) day of a month, Owner shall make payment to Contractor of amounts approved by the Owner not later than the tenth(10th)day of the next month.If an Application for Payment is received by Engineer and Owner after the application date fixed above,payment shall be made by Owner not later than one month after the Engineer issues a Certificate for Payment.The Owner shall not have any obligation to pay any amount covered by the Engineer's Certificate for Payment that is disputed by the Owner. 5.1.4 Each Application for Payment shall be based on the most recent schedule of values submitted by Contractor in accordance with the Contract Documents.The schedule of values shall allocate the entire Contract Sum among the various portions of the Work. The schedule of values shall be prepared in such form and supported by such data to substantiate its accuracy as Engineer and Owner may require.This schedule,unless objected to by Engineer or Owner, shall be used as a basis for reviewing Contractor's Applications for Payment. 5.1.5 Applications for Payment shall warrant the percentage of completion of each portion of the Work as of the end of the period covered by the Application for Payment. 5.1.6 Subject to other provisions of the Contract Documents, the amount of each progress payment shall be computed as provided in Article 14 of the General Conditions. 5.1.7 Except with Owner's prior written approval, Contractor shall not make advance payments to suppliers for materials or equipment which have not been delivered and stored at the site. 5.2 FINAL PAYMENT 5.2.1 Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made by Owner to Contractor when: .1 Contractor has fully performed the Contract except for Contractor's responsibility to correct Work, and to satisfy other requirements,if any,which extend beyond final payment;and .2 a final Certificate for Payment has been issued by Engineer and approved by the Owner. 5.2.2 Owner's final payment to Contractor shall be made no later than thirty (30) days after the issuance of Engineer's final Certificate for Payment. In no event shall final payment be required to be made prior to thirty(30) days after all Work on the Contract has been fully performed. Defects in the Work discovered prior to final payment shall be treated as non-conforming Work and shall be corrected by Contractor prior to final payment,and shall not be treated as warranty items. ARTICLE 6 TERMINATION OR SUSPENSION 6.1 The Contract may be terminated by Owner or Contractor as provided in Article 15 of the General Conditions. 00500 4-2020 Page 3 of 5 Standard Form of Agreement 00443647 6.2 The Work may be suspended by Owner as provided in Article 15 of the General Conditions. ARTICLE 7 ENUMERATION OF CONTRACT DOCUMENTS 7.1 The Contract Documents,except for Modifications issued after execution of this Agreement,are enumerated as follows: 7.1.1 The Agreement is this executed version of the City of Round Rock, Texas Standard Form of Agreement between Owner and Contractor,as modified. 7.1.2 The General Conditions are the "City of Round Rock Contract Forms 00700," General Conditions, as modified. 7.1.3 The Supplementary,Special,and other Conditions of the Contract are those contained in the Project Manual dated October 2021 7.1.4 The Specifications are those contained in the Project Manual dated October 2021 7.1.5 The Drawings,if any,are those contained in the Project Manual dated October 2021 7.1.6 The Insurance&Construction Bond Forms of the Contract are those contained in the Project Manual dated October 2021 7.1.7 The Notice to Bidders,Instructions to Bidders,Bid Form,and Addenda,if any,are those contained in the Project Manual dated October 2021 7.1.8 If this Agreement covers construction involving federal funds, thereby requiring inclusion of mandated contract clauses, such federally required clauses are those contained in the "City of Round Rock Contract Forms 03000,"Federally Required Contract Clauses,as modified. 7.1.9 Other documents,if any,forming part of the Contract Documents are as follows: N/A ARTICLE 8 MISCELLANEOUS PROVISIONS 8.1 Where reference is made in this Agreement to a provision of any document, the reference refers to that provision as amended or supplemented by other provisions of the Contract Documents. 8.2 Owner's representative is: Bill Stablein City of Round Rock 3400 Sunrise Road Round Rock,Texas 78665 8.3 Contractor's representative is: Edward Schroeder Austin Traffic Signal(ATS) 4615 Priem Lane Pflugerville,TX 78660 esc roe er a scc.com 8.4 Neither Owner's nor Contractor's representative shall be changed without ten(10)days'written notice to the other party. 00500 4-2020 Page 4 of 5 Standard Form of Agreement 00443647 8.5 Waiver of any breach of this Agreement shall not constitute waiver of any subsequent breach. 8.6 Owner agrees to pay Contractor from available funds for satisfactory performance of this Agreement in accordance with the bid or proposal submitted therefor,subject to proper additions and deductions,all as provided in the General Conditions, Supplemental Conditions, and Special Conditions of this Agreement, and Owner agrees to make payments on account thereof as provided therein. Lack of funds shall render this Agreement null and void to the extent funds are not available. This Agreement is a commitment of City of Round Rock's current revenues only. 8.7 Although this Agreement is drawn by Owner,both parties hereto expressly agree and assert that,in the event of any dispute over its meaning or application,this Agreement shall be interpreted reasonably and fairly,and neither more strongly for nor against either party. 8.8 This Agreement shall be enforceable in Round Rock,Texas,and if legal action is necessary by either party with respect to the enforcement of any or all of the terms or conditions herein,exclusive venue for same shall lie in Williamson County, Texas. This Agreement shall be governed by and construed in accordance with the laws and court decisions of the State of Texas. 8.9 Both parties hereby expressly agree that no claims or disputes between the parties arising out of or relating to this Agreement or a breach thereof shall be decided by an arbitration proceeding,including without limitation,any proceeding under the Federal Arbitration Act(9 USC Section 1-14)or any applicable state arbitration statute. 8.10 The parties, by execution of this Agreement, bind themselves, their heirs, successors, assigns, and legal representatives for the full and faithful performance of the terms and provisions hereof. This Agreement is entered into as of the day and year first written above and is executed in at least two(2) original copies,of which one is to be delivered to Owner. OWNER /� CO T TOR CITY OF ND R x, XAS AUS ra is ignal Cons�ru�c Q[) � ll, u, IY OF R ND RQQ7ll, Vl/Printed Name: C aig Mor Printed N Title City Mayor Title: V 41 Date Signed: G.A)Le Date Signed: ATTEST: t City Clerk FOR CI Y, PPROYED A TO FORM: City Atto ey 00500 4-2020 Page 5 of 5 Standard Form of Agreement 00443647 00600 INSURANCE AND CONSTRUCTION BOND FORMS BONDS AND INSURANCE INSTRUCTIONS Instruction Sheet 1. Insurance Company must be licensed by State of Texas. 2. Agent signing bonds must be licensed in Texas. 3. Agent signing bonds must have Power of Attorney on behalf of insurance company. 4. If Agent signing bonds has Power of Attorney,but not licensed in Texas,then the bond must be counter-signed by Texas local recording agent. ALL THE ABOVE INFORMATION CAN BE FOUND AT Texas Department of Insurance website—www.tdi.state.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 Performance 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 l. CERTIFICATE OF LIABILITY INSURANCE FORM The City of Round Rock's Certificate of Liability Insurance form provided herein or a standard ACORD form. 2. PRODUCER and INSURED- Please list name, address,phone number and e-mail. 3. COMPANIES AFFORDING COVERAGE — TDI number required. The TDI number can be obtained from the Texas Dept of Insurance Website: http://A-ww.td1.state.tx.us/. —Company Lookup. Note:Exception to this rule.In certain instances where there is unusual risks involved,Surplus Lines Insurance Carriers can be used.Below are the guidelines: a. Insurance Company does not have to be"licensed in Texas",but they do have to be"elieible for a Texas license." Please verify with the Texas Dept of Insurance Website:httn:%%www.tdi.statc.tx.us/.—Company Lookup b. Policy has to be written by licensed surplus lines Aeent. Also verify with the Texas Dept of Insurance Website: htty://www.ldi.state.tx.us/-Agent Lookup 4. TYPES OF INSURANCE COVERAGE— CONSTRUCTION CONTRACT: Please double check the General Conditions and the Supplemental General Conditions for the types and amounts of insurance required. The Supplemental General Conditions usually state the following: a. Business Automobile Liability Insurance b. Workers' Compensation and Employers' Liability Insurance C. Commercial General Liability Insurance d. Builders' Risk Insurance— (Generally required for all "vertical" construction. Check with Project Manager for requirements.) FOR ALL OTHER CONTRACTS, PLEASE REFER TO THE INSURANCE SECTION FOR TYPE OF INSURANCE REQUIRED. (For example Engineering Service Contracts usually require"professional liability insurance".) 5. EFFECTIVE DATE & EXPIRATION DATE Please make sure dates are current. 6. City of Round Rock must be listed on the Certificate of Insurance as an additional insured (except Workers Compensation and Builders Risk). 7. Certificate must indicate that the insurance Company must give the City of Round Rock notice of any changes, cancellation , etc. at least thirty(30)days prior to date of change. 8. Make sure Certificate is signed by an Agent Licensed in the State of Texas, this can also be found on the Texas Department of Insurance website—www.tdi.state.tx.us—Agent Lookup. Bond #9388539 PERFORMANCE BOND THE STATE OF TEXAS § § KNOW ALL BY THESE PRESENTS: COUNTY OF WILLIAMSON § That Austin Traffic Signal Construction Company, Inc. , of the City of Pflugerville County of Travis , and State of Texas , as Principal, and Colonial American Casualty and surety Company authorized under the law of the State of Texas to act as surety on bonds for principals, are held and firmly bound unto the CITY OF ROUND ROCK,TEXAS (Owner),in the penal sum of Two hundred nineteen thousand, nine hundred fifty-three dollars and fifty cents Dollars ($ 219,953.50 ) 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 f Q day of 20 2Z_to which the Agreement is hereby referred to and made a part hereof as fully and to th s e extent as if copied at length herein consisting of: TRAFFIC SIGNAL AT US 79 (PALM VALLEY BLVD)AND AFRICA LN (BRUSHY CREEK PLANTRD NOW, THEREFORE, THE CONDITIONS OF THIS OBLIGATION IS SUCH, that if the said Principal shall faithfully perform said Agreement and shall, in all respects, duly and faithfully observe and perform all and singular the covenants, conditions and agreements in and by said Agreement, agreed and covenanted by the Principal to be observed and performed, including but not limited to, the repair of any and all defects in said work occasioned by and resulting from defects in materials furnished by or workmanship of,the Principal in performing the Work covered by said Agreement and occurring within a period of twelve (12) months from the date of Final Completion and all other covenants and conditions, according to the true intent and meaning of said Agreement and the Plans and Specifications hereto annexed,then this obligation shall be void; otherwise to remain in full force and effect; PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Chapter 2253, Texas Government Code, as amended, and all liabilities on this bond shall be determined in accordance with the provisions of said Chapter 2253 to the same extent as if it were copied at length herein. Page 1 00610 4-2020 Performance Bond 00443639 PERFORMANCE BOND (continued) Surety, for value received, stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Agreement, or to the Work performed thereunder, or the Plans, Specifications, or drawings accompanying the same, shall in anywise affect its obligation on this bond, and it does hereby waive notice of any such change,extension of time,alteration or addition to the terms of the Agreement, or to the work to be performed thereunder. If Principal fails to faithfully perform said Agreement, Surety, after receipt of written notice of Principal's default, shall perform all of Principal's duties and obligations under the Agreement. If, within ten (10) days after receipt of such notice from Owner, Surety does not commence to complete the obligations of Principal with a contractor acceptable to Owner and diligently complete the performance of the Principal's duties and obligations, Owner shall have the right but not the obligation to have the duties and obligations of Principal performed. In such event, Surety shall pay to Owner, upon demand,all costs,expenses and damages sustained by Owner as a result of Principal's failure to perform its duties and obligations under the Agreement up to the $219,953.50 sum of this Performance Bond, plus all costs and expenses, including attorney's fees and expert and consultant fees incurred by Owner to enforce its rights under this Performance Bond. IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this +h day ofUarA , 2022. Austin Traffic Signal Construction Company, Inc. Colonial American Casualty and Surety Company in ipal Surety Sophinie Hunter Printe me Printed Name BS _ By: Title: V Title: Mey-ln-Fact Address: 4615 Priem Lane Address: 1299 Zurich Way, 5th Floor Pflugerville,TX 78660 Schaumburg, IL 60196 Resident Agent of Surety: � lc�i,tc 1&,nly, Signature Aon Risk Services Southwest, Inc. - Sophinie Hunter Printed Name 5005 LBJ Freeway, Suite 1500 Street Address Dallas, TX 75244 City, State & Zip Code Page 2 00610 4-2020 Performance Bond 00443639 Bond #9388539 PAYMENT BOND THE STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF WILLIAMSON § That Austin Traffic Signal Construction Company, Inc. , of the City of Pflugerville County of Travis , and State of Texas , as Principal, and Colonial American Casualty and Surety Company authorized under the laws of the State of Texas to act as Surety on Bonds for Principals,are held and firmly bound unto the CITY OF ROUND ROCK, TEXAS (OWNER), and all subcontractors, workers, laborers, mechanics and suppliers as their interest may appear, all of whom shall have the right to sue upon this bond, in the penal sum of Two hundred nineteen thousand, nine hundred fifty-three dollars and fifty cents Dollars($ 219,953.50 )for the payment whereof,well and truly be made the said Principal and Surety bind themselves and their heirs, administrators, executors, successors, and assigns,jointly and severally,by these presents: WHEREAS,the Principal has entered into a certain written Agreement with the Owner,dated the /Ott day of re— , 2027—to which Agreement is hereby referred to and made a part hereof as fully and to the sa a extent as if copied at length herein consisting of. TRAFFIC SIGNAI.AT US 79 (PALM VALLEY BLVD)AND AFRICA LN (BRUSHY CREEK NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall well and truly pay all subcontractors, workers, laborers, mechanics, and suppliers, all monies to them owing by said Principals for subcontracts,work,labor,equipment, supplies and materials done and furnished for the construction of the improvements of said Agreement, then this obligation shall be and become null and void; otherwise to remain in full force and effect. PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Chapter 2253, Texas Government Code, as amended, and all liabilities on this bond shall be determined in accordance with the provisions of said Chapter 2253 to the same extent as if it were copied at length herein. Page 1 00620 04-2020 Payment Bond 00437699 PAYMENT BOND (continued) Surety, for value received, stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Agreement, or to the Work performed thereunder, or the plans, specifications or drawings accompanying the same shall in anywise affect its obligation on this bond, and it does hereby waive notice of any such change,extension of time,alteration or addition to the terms of the contract, or to the work to be performed thereunder. IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this Instrument this 2�� day of , 20 22. Austin X=Trac Signal Construction Company, Inc. Colonial American Casualty and Surety Company �—L� . ✓ t,C'� Sup h' So hinie Hunter PriamqName Printed Name4'�� Ath By: Lc Title: Title: Attorney-In-Fact Address: 4615 Priem Lane Address: 1299 Zurich Way, 5th Floor Pflugerville,TX 78660 Schaumburg, IL 60196 Resident Agent of Surety: &p/1— 4-'�'to Signature Aon Risk Services Southwest, Inc.- Sophinie Hunter Printed Name 5005 LBJ Freeway, Suite 1500 Street Address Dallas, TX 75244 City, State& Zip Code Page 2 006201-2020 Paymcnt Bond 00090656 EXTRACT FROM BY-LAWS OF THE COMPANIES "Article V,Section 8,Attorneys-in-Fact. The Chief Executive Officer,the President,or any Executive Vice President or Vice President may, by written instrument under the attested corporate seal, appoint attomeys-in-fact with authority to execute bonds, policies, recognizances,stipulations,undertakings, or other like instruments on behalf of the Company, and may authorize any officer or any such attomey-in-fact to affix the corporate seal thereto;and may with or without cause modify of revoke any such appointment or authority at any time." CERTIFICATE I, the undersigned, Vice President of the ZURICH AMERICAN INSURANCE COMPANY, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY,and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND,do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate;and I do further certify that Article V,Section 8,of the By-Laws of the Companies is still in force. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the ZURICH AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 15th day of December 1998. RESOLVED: "That the signature of the President or a Vice President and the attesting signature of a Secretary or an Assistant Secretary and the Seal of the Company may be affixed by facsimile on any Power of Attorney...Any such Power or any certificate thereof bearing such facsimile signature and seal shall be valid and binding on the Company." This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at a meeting duly called and held on the 5th day of May, 1994, and the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 10th day of May, 1990. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice-President, Secretary,or Assistant Secretary of the Company,whether made heretofore or hereafter,wherever appearing upon a certified copy of any power of attorney issued by the Company,shall be valid and binding upon the Company with the same force and effect as though manually affixed. IN TESTIMONY WHEREOF,I have hereunto subscribed my name and affixed the corporate seals of the said Companies, this ?:!!! day of '12, . By: Brian M.Hodges Vice President TO REPORT A CLAIM WITH REGARD TO A SURETY BOND,PLEASE SUBMIT A COMPLETE DESCRIPTION OF THE CLAIM INCLUDING THE PRINCIPAL ON THE BOND,THE BOND NUMBER,AND YOUR CONTACT INFORMATION TO: Zurich Surety Claims 1299 Zurich Way Schaumburg,IL 60196-1056 www.rer)ortsfclaims@,zuriclin a.com 800-6264577 Authenticity of this bond can be confirmed at bondvaIidator.zurich na.com or 410-559-8790 ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS:That the ZURICH AMERICAN INSURANCE COMPANY,a corporation of the State of New York, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, a corporation of the State of Illinois, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND a corporation of the State of Illinois (herein collectively called the "Companies"), by Robert D.Murray,Vice President,in pursuance of authority granted by Article V,Section 8,of the By-Laws of said Companies,which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof,do hereby nominate,constitute, and appoint Ricardo J.REYNA,Tina MCEWAN,Don E.CORNELL,Joshua SAUNDERS,Robbi MORALES,Sophinie HUNTER, Kelly A.WESTBROOK,Tonle PETRANEK, Mikaela PEPPERS of Dallas,Texas,EACH, its true and lawful agent and Attorney-in- Fact,to make,execute,seal and deliver, for,and on its behalf as surety,and as its act and deed: any and all bonds and undertakings,and the execution of such bonds or undertakings in pursuance of these presents,shall be as binding upon said Companies,as fully and amply,to all intents and purposes,as if they had been duly executed and acknowledged by the regularly elected officers of the ZURICH AMERICAN INSURANCE COMPANY at its office in New York, New York., the regularly elected officers of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at its office in Owings Mills,Maryland.,and the regularly elected officers of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at its office in Owings Mills, Maryland.,in their own proper persons. The said Vice President does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article V,Section 8,of the By-Laws of said Companies,and is now in force. IN WITNESS WHEREOF,the said Vice-President has hereunto subscribed his/her names and affixed the Corporate Seals of the said ZURICH AMERICAN INSURANCE COMPANY, COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND,this I Ith day of May,A.D.2021. ItU y i �� ®r�[,IJ O ATTEST: ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND By: Robert D.Murray Vice President By: Dawn E.Brown Secretary State of Mar}land County of Baltimore On this 1 Ith day of May, A.D.2021, before the subscriber,a Notary Public of the State of Maryland,duly commissioned and qualified,Robert D. Murray,Vice President and Dawn E.Brown,Secretary of the Companies,to me personally known to be the individuals and officers described in and who executed the preceding instrument,and acknowledged the execution of same,and being by me duly sworn,deposeth and saith,that he/she is the said officer of the Company aforesaid,and that the seals affixed to the preceding instrument are the Corporate Seals of said Companies,and that the said Corporate Seals and the signature as such officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations. IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed my Official Seal the day and year first above written. 3 of,)o �i)i1• Constance A.Dunn,Notary Public My Commission Expires:July 9,2023 Authenticity of this bond can be confirmed at bondvalidator.zurichna.com or 410-559-8790 a ZURICH Texas Important Notice IMPORTANT NOTICE AVISO IMPORTANTE To obtain information or make a complaint: Para obtener informaci6n o para presentar una queja: You may call Zurich North America's toll-free telephone Usted puede Ilamar al nOmero de telefono gratuito de number for information or to make a complaint at: Zurich North America's para obtener informaci6n o para 1-800-382-2150 presentar una queja al: 1-800-382-2150 You may contact the Texas Department of Insurance to obtain information on companies, coverages, rights, or Usted puede comunicarse con el Departamento de Se- complaints at: guros de Texas para obtener informaci6n sobre com- 1-800-252-3439 panias, coberturas, derechos, o quejas al: 1-800-252-3439 You may write the Texas Department of Insurance: Usted puede escribir al Departamento P.O. Box 149104 de Seguros de Texas a: Austin, TX 78714-9104 P.O. Box 149104 Fax: (512)490-1007 Austin,TX 78714-9104 Web: www.tdi.texas.gov Fax: (512)490-1007 E-mail: ConsumerProtection@tdi.texas.gov Sitio web: www.tdi.texas.gov E-mail: ConsumerProtection@tdi.texas.gov PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning your premium or DISPUTAS POR PRIMAS DE SEGUROS O about a claim, you should contact the company first. If RECLAMACIONES: the dispute is not resolved, you may contact the Texas Si tiene una disputa relacionada con su prima de seguro Department of Insurance. o con una reclamaci6n, usted debe comunicarse con la compahia primero. Si la disputa no es resuelta, usted ATTACH THIS NOTICE TO YOUR POLICY: puede comunicarse con el Departamento de Seguros de This notice is for information only and does not become Texas. a part or condition of the attached document. ADJUNTE ESTE AVISO A SU POLIZA: Este aviso es solamente para prop6sitos informativos y no se con- vierte en parte o en condici6n del documento adjunto. U-GU-296-E(06/15) Page 1 of 1 DATE(MMIDD/YYYY) A�0® CERTIFICATE OF LIABILITY INSURANCE 1/27/2022 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). CONTACT PRODUCER Edgewood Partners Insurance Center NAME, Michelle Roman EPIC Brokers PHONE FAX 832-476-0453 A/C No 14881 Quorum Drive, Suite 850 E-MAIL DALLAS,TX 75254 ADDRESS: michelle.roman a icbrokers.com INSURERS AFFORDING COVERAGE NAIC# www.epicbrokers.com INSURERA: Zurich American Insurance Company 16535 INSURED INSURER B: Federal Insurance Company 20281 Austin Traffic Signal Construction Co., Inc.& INSURERC: Underwriters at Lloyd's,London VI 15642 ATS Drilling Inc. P.O. BOX 130 INSURER D: Travelers Property Casualty Co of Amer 25674 Round Rock TX 78680 INSURERE: RSUI Indemnity Company 22314 INSURER F COVERAGES CERTIFICATE NUMBER: 66478620 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TY PE OF INSURANCE ADDL SUBR POLICY EFF POLICY NUMBER MMIDDIYYYY MM/DDIYYYY LICY EXP LIMITS LTR A / COMMERCIAL GENERAL LIABILITY GLO-4839723-09 3/1/2021 3/1/2022 EACH OCCURRENCE $2000000 OCCUR DAMAGE TO RENTED CLAIMS-MADE ✓ PREMISES Ea occurrence $100,000 ✓ Contractors Prof.Llab.End. MED EXP(Any one person) $10,000 PERSONAL&ADV INJURY $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $4,000,000 POLICY ✓]JEOT M LOC PRODUCTS-COMP/OP AGG $4,000,000 PH OTHER: $ A AUTOMOBILE LIABILITY BAP-4839724-09 3/1/2021 3/1/2022 CBINEDentSINGLELIMIT $ 2,000,000 IANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY Per accident A UMBRELLALIAB �/ OCCUR AUC-5490849-09 3/1/2021 3/1/2022 EACH OCCURRENCE $5000000 ✓ EXCESS LIAB CLAIMS-MADE AGGREGATE $5,000,000 E N HA093272 3/1/2021 3/1/2022 DED I I RETENTION$0 Excess Limit $5M xs 5M A WORKERS COMPENSATION WC-4839722-09 3/1/2021 3/1/2022 �/ STATUTE ETPER ORH AND EMPLOYERS'LIABILITY Y/N ANYPROPRIETOR/PARTNER/EXECUTIVE NIA E.L.EACH ACCIDENT $1,000,000 OFF ICER/MEMBER EXCLUDED? (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE $1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000 B Contractor's Equip/Installation Float 0663-96-33-IOG 3/1/2021 3/1/2022 See Remarks A Contractor's Worksite Pollution GLO-4839723-09 3/1/2021 3/1/2022 Occ$1,000,000/Agg$2,000,000 C Vessel Pollution 0711306 4/13/2021 3/1/2022 Each Incident $5,000,000 D Protection&Indemnity ZOH-12T35069-21-ND 1 3/8/2021 3/8/2022 Each Accident/Occ $1,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) RE:Traffic Signal AT US 79(PALM VALLEY ROAD)AND AFRICA LN(BRUSHY CREEK PLANT RD)Job 2483. CERTIFICATE HOLDER CANCELLATION ATS SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Round Rock THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Transportation Department ACCORDANCE WITH THE POLICY PROVISIONS. 3400 Sunrise Road Round Rock TX 78665 AUTHORIZED REPRESENTATIVE KJ Wagner ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD 66478620 1 AUSTTRAF 1 21/22 GL AUTO UMB WC EQ VessPoll P&i I Michelle Roman 1 1/27/2022 11:38:41 AM (CST) I Page 1 of 15 AGENCY CUSTOMER ID: AUSTTRAF LOC#: ,4�oRo ADDITIONAL REMARKS SCHEDULE Page of AGENCY NAMED INSURED Edgewood Partners Insurance Center Austin Traffic Signal Construction Co., Inc.& ATS Drilling,� Inc. POLICY NUMBER P.O.BOX 130 Round Rock TX 78680 CARRIER NAIC CODE EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE:Certificate of Liability(03/16) HOLDER: City of Round Rock Transportation Department ADDRESS:3400 Sunrise Road Round Rock TX 78665 Professional Liability carve-back for construction work per attached form CG2280 0413. Contractors Equipment Blanket Limit: Any One Occurrence: $19, 863,374 Contractor's Equipment Leased, Rented Or Borrowed From Others: Each Occurrence: $2,000, 000 / Any One Item: $975,000 The Contractor's Equipment policy includes a Blanket Loss Payee endorsement to certificate holder as their interests may appear. Installation Floater - Blanket Coverage Limit Per Project $500,000 Protection & Indemnity Excess Policy #ZOX-51M55853-20-ND Effective 3/8/2021 - 3/08/2022 Limit $4, 000,000 Travelers Property Casualty Company of America NAIC#25674 Workers compensation excludes Executive Officer - Armour Shin. The General Liability, Automobile Liability, and Vessel Pollution Liability policies includes automatic additional insured endorsements providing such status to any third party when required by written contract. The General Liability additional insured endorsement includes ongoing and completed operations and provides primary and non- contributory coverage to the additional insured if also required by written contract. The General Liability policy includes Contractual Liability coverage per policy terms and conditions. All policies include Blanket Waiver of Subrogation in favor of certificate holder when required by written contract. The Workers' Compensation policy includes Blanket Alternate Employer endorsement when required by written contract, USL&H, Maritime Employers Liability, All States Coverage, and Stop Gap Liability Coverage for monopolistic States. Umbrella Liability is follow form. Umbrella underlying policies include the General Liability, Automobile Liability and Employers Liability. 30 day notice of cancellation except 10 days for non-payment of premium included. ACORD 101 (2008/01) ©2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD ATTACHMENT 66478620 1 AUSTTRAF 1 21/22 GL AUTO UMB WC EQ vessPoll P&I I Michelle Roman 1 1/27/2022 11:38:41 AM (CST) I Page 2 of 15 POLICY NUMBER: BAP 4839724-09 COMMERCIAL AUTO CA 20 48 10 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED FOR COVERED AUTOS LIABILITY COVERAGE This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement. This endorsement identifies person(s) or organization(s) who are "insureds" for Covered Autos Liability Coverage under the Who Is An Insured provision of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Named Insured: AUSTIN TRAFFIC SIGNAL CONSTRUCTION CO., INC. Endorsement Effective Date: SCHEDULE Name Of Person(s) Or Organization(s): ANY PERSON OR ORGANIZATION TO WHOM OR WHICH YOU ARE REQUIRED TO PROVIDE ADDITIONAL INSURED STATUS OR ADDITIONAL INSURED STATUS ON A PRIMARY, NON-CONTRIBUTORY BASIS, IN A WRITTEN CONTRACT OR WRITTEN AGREEMENT EXECUTED PRIOR TO LOSS, EXCEPT WHERE SUCH CONTRACT OR AGREEMENT IS PROHIBITED BY LAW Information required to complete this Schedule, if not shown above, will be shown in the Declarations. CA 20 48 10 13 © Insurance Services Office, Inc., 2011 Page 1 of 2 66478620 I AUSTTRAF 121/22 GL AUTO UMB WC EQ Ve68Poll P&I I Michelle Roman 11/27/2022 11:38:41 AM (CST) I Page 3 of 15 0 - Blanket Notification to Others of Cancellation ZURICH or Non-Renewal Policy No. Eff.Date of Pol. Exp.Date of Pol. Eff.Date of End. Producer No. AddT Prem Return Prem. BAP 4839724-09 1 03/01/2021 03/01/2022 INCL THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the: Commercial Automobile Coverage Part A. If we cancel or non-renew this Coverage Part by written notice to the first Named Insured, we will mail or deliver notification that such Coverage Part has been cancelled or non-renewed to each person or organization shown in a list provided to us by the first Named Insured if you are required by written contact or written agreement to provide such notification. However, such notification will not be mailed or delivered if a conditional notice of renewal has been sent to the first Named Insured. Such list: 1. Must be provided to us prior to cancellation or non-renewal; 2. Must contain the names and addresses of only the persons or organizations requiring notification that such Coverage Part has been cancelled or non-renewed; and 3. Must be in an electronic format that is acceptable to us. B. Our notification as described in Paragraph A. of this endorsement will be based on the most recent list in our records as of the date the notice of cancellation or non-renewal is mailed or delivered to the first Named Insured. We will mail or deliver such notification to each person or organization shown in the list: 1. Within seven days of the effective date of the notice of cancellation, if we cancel for non-payment of premium; or 2. At least 30 days prior to the effective date of: a. Cancellation, if cancelled for any reason other than nonpayment of premium; or b. Non-renewal, but not including conditional notice of renewal. C. Our mailing or delivery of notification described in Paragraphs A. and B. of this endorsement is intended as a courtesy only. Our failure to provide such mailing or delivery will not: 1. Extend the Coverage Part cancellation or non-renewal date; 2. Negate the cancellation or non-renewal; or 3. Provide any additional insurance that would not have been provided in the absence of this endorsement. D. We are not responsible for the accuracy, integrity, timeliness and validity of information contained in the list provided to us as described in Paragraphs A. and B. of this endorsement. All other terms and conditions of this policy remain unchanged. U-CA-832-A CW(01/13) Page 1 of 1 Includes copyrighted material of Insurance Services Office, Inc.,with its permission. 66478620 I AUSTTRAF 1 21/22 GL AUTO UMB WC EQ VessPoll P&I I Michelle Roman 1 1/27/2022 11:38:41 AM (CST) I Page 4 of 15 Blanket Notification to Others of Cancellation ZURICH or Non-Renewal THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Policy No. GLO 4839723-09 Effective Date: 03/01/2021 This endorsement applies to insurance provided under the: Commercial General Liability Coverage Part A. If we cancel or non-renew this Coverage Part by written notice to the first Named Insured, we will mail or deliver notification that such Coverage Part has been cancelled or non-renewed to each person or organization shown in a list provided to us by the first Named Insured if you are required by written contact or written agreement to provide such notification. Such list.- 1. ist:1. Must be provided to us prior to cancellation or non-renewal; 2. Must contain the names and addresses of only the persons or organizations requiring notification that such Coverage Part has been cancelled or non-renewed; and 3. Must be in an electronic format that is acceptable to us. B. Our notification as described in Paragraph A. of this endorsement will be based on the most recent list in our records as of the date the notice of cancellation or non-renewal is mailed or delivered to the first Named Insured. We will mail or deliver such notification to each person or organization shown in the list: 1. Within 10 days of the effective date of the notice of cancellation, if we cancel for non-payment of premium; or 2. At least 30 days prior to the effective date of: a. Cancellation, if cancelled for any reason other than nonpayment of premium; or b. Non-renewal, but not including conditional notice of renewal, unless a greater number of days is shown in the Schedule of this endorsement for the mailing or delivering of such notification with respect to Paragraph B.1. or Paragraph 13.2.above. C. Our mailing or delivery of notification described in Paragraphs A. and B. of this endorsement is intended as a courtesy only. Our failure to provide such mailing or delivery will not: 1. Extend the Coverage Part cancellation or non-renewal date; 2. Negate the cancellation or non-renewal; or 3. Provide any additional insurance that would not have been provided in the absence of this endorsement. U-GL-1521-B CW(01/19) Page 1 of 2 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. 66478620 1 AUSTTRAF 1 21/22 GL AUTO UMB WC EQ VesaPoll P&I I Michelle Roman 1 1/27/2022 11:38:41 AM (CST) I Page 5 of 15 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 99 06 43 BLANKET NOTIFICATION TO OTHERS OF CANCELLATION OR NONRENEWAL ENDORSEMENT This endorsement adds the following to Part Six of the policy. PART SIX CONDITIONS Blanket Not'rfication to Others of Cancellation or Nonrenewal 1. If we cancel or non-renew this policy by written notice to you, we will mail or deliver notification that such policy has been cancelled or non-renewed to each person or organization shown in a list provided to us by you if you are required by written contract or written agreement to provide such notification. However, such notification will not be mailed or delivered if a conditional notice of renewal has been sent to you. Such list: a. Must be provided to us prior to cancellation or non-renewal; b. Must contain the names and addresses of only the persons or organizations requiring notification that such policy has been cancelled or non-renewed;and c. Must be in an electronic format that is acceptable to us. 2. Our notification as described in Paragraph 1. above will be based on the most recent list in our records as of the date the notice of cancellation or non-renewal is mailed or delivered to you. We will mail or deliver such notification to each person or organization shown in the list: a. Within seven days of the effective date of the notice of cancellation, if we cancel for non-payment of premium; or b. At least 30 days prior to the effective date of: (1) Cancellation, if cancelled for any reason other than nonpayment of premium; or (2) Non-renewal, but not including conditional notice of renewal. 3. Our mailing or delivery of notification described in Paragraphs 1. and 2. above is intended as a courtesy only. Our failure to provide such mailing or delivery will not: a. Extend the policy cancellation or non-renewal date; b. Negate the cancellation or non-renewal; or c. Provide any additional insurance that would not have been provided in the absence of this endorsement. 4. We are not responsible for the accuracy, integrity, timeliness and validity of information contained in the list provided to us as described in Paragraphs 1. and 2. above. All other terms and conditions of this policy remain unchanged. This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective 03/01/2021 Policy No. Endorsement No. Insured WC-4839722-09 Premium$ Insurance Company WC 99 06 43 Page 1 of 1 (Ed.01-13) Includes copyright material of the National Council on Compensation Insurance,Inc.used with its permission. U2012 Copyright National Council on Compensation Insurance,Inc.All Rights Reserved. 66478620 AUSTTRAP 1 21/22 GL AUTO UME WC EQ VessPoll P&I i Michelle Roman 1 1/27/2022 11:38:41 AM (CST) I Page 6 of 15 POLICY NUMBER: BAP 4839724-09 COMMERCIAL AUTO CA 04 44 10 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US (WAIVER OF SUBROGATION) This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Named Insured: AUSTIN TRAFFIC SIGNAL CONSTRUCTION CO., INC. Endorsement Effective Date: SCHEDULE Name(s) Of Person(s)Or Organization(s): ALL PERSONS AND/OR ORGANIZATIONS THAT ARE REQUIRED BY WRITTEN CONTRACT OR AGREEMENT WITH THE INSURED, EXECUTED PRIOR TO THE ACCIDENT OR LOSS, THAT WAIVER OF SUBROGATION BE PROVIDED UNDER THIS POLICY Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The Transfer Of Rights Of Recovery Against Others To Us condition does not apply to the person(s) or organization(s) shown in the Schedule, but only to the extent that subrogation is waived prior to the "accident' or the "loss" under a contract with that person or organization. CA 04 44 10 13 © Insurance Services Office, Inc., 2011 Page 1 of 1 66478620 AUSTTRAF 1 21/22 GL AUTO UMB WC EQ VessPoll P&I I Michelle Roman 1 1/27/2022 11:38:41 AM (CST) I Page 7 of 15 POLICY NUMBER:GLO 4839723-09 COMMERCIAL GENERAL LIABILITY CG 24 04 05 09 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Person Or Organization: IF YOU ARE REQUIRED BY A WRITTEN CONTRACT OR AGREEMENT, WHICH IS EXECUTED BEFORE A LOSS, TO WAIVE YOUR RIGHTS OF RECOVERY FROM OTHERS, WE AGREE TO WAIVE OUR RIGHTS OF RECOVERY.THIS WAIVER OF RIGHTS SHALL NOT BE CONSTRUED TO BE A WAIVER WITH RESPECT TO ANY OTHER OPERATIONS IN WHICH THE INSURED HAS NO CONTRACTUAL INTEREST. Information required to complete this Schedule if not shown above will be shown in the Declarations. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV—Conditions: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or 'Your work"done under a contract with that person or organization and included in the"products- completed operations hazard". This waiver applies only to the person or organization shown in the Schedule above. CG 24 04 05 09 ©Insurance Services Office, Inc., 2008 Page 1 of 1 p 66478620 1 AUSTTRAF 1 21/22 GL AUTO UMB WC EQ VeesP011 P&I I Michelle Roman 1 1/27/2022 11:38:41 AM (CST) Page 8 of 15 Additional Insured — Automatic — Owners, Lessees Or ZURICH Contractors THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Policy No. GLO 4839723-09 Effective Date: 03/01/2021 This endorsement modifies insurance provided under the: Commercial General Liability Coverage Part A. Section II —Who Is An Insured is amended to include as an additional insured any person or organization whom you are required to add as an additional insured under a written contract or written agreement executed by you, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" and subject to the following: 1. If such written contract or written agreement specifically requires that you provide that the person or organization be named as an additional insured under one or both of the following endorsements: a. The Insurance Services Office (ISO) ISO CG 20 10 (10/01 edition); or b. The ISO CG 20 37 (10/01 edition), such person or organization is then an additional insured with respect to such endorsement(s), but only to the extent that"bodily injury", "property damage"or"personal and advertising injury"arises out of: (1) Your ongoing operations, with respect to Paragraph 1.a. above; or (2) "Your work", with respect to Paragraph 1.b. above, which is the subject of the written contract or written agreement. However, solely with respect to this Paragraph 1., insurance afforded to such additional insured: (a) Only applies if the"bodily injury", "property damage"or"personal and advertising injury"offense occurs during the policy period and subsequent to your execution of the written contract or written agreement; and (b) Does not apply to "bodily injury" or"property damage" caused by "your work" and included within the .,products-completed operations hazard" unless the written contract or written agreement specifically requires that you provide such coverage to such additional insured. 2. If such written contract or written agreement specifically requires that you provide that the person or organization be named as an additional insured under one or both of the following endorsements: a. The Insurance Services Office (ISO) ISO CG 20 10 (07/04 edition); or b. The ISO CG 20 37 (07/04 edition), such person or organization is then an additional insured with respect to such endorsement(s), but only to the extent that"bodily injury", "property damage"or"personal and advertising injury" is caused, in whole or in part, by: (1) Your acts or omissions; or (2) The acts or omissions of those acting on your behalf, U-GL-2162-A CW(02/19) Page 1 of 4 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. 66478620 i AUSTTRAF 1 21/22 GL AUTO UMB WC EQ VessPoll P&I I Michelle Roman 1 1/27/2022 11:38:41 AM (CST) i Page 9 of 15 in the performance of: (a) Your ongoing operations, with respect to Paragraph 2.a. above; or (b) "Your work" and included in the "products-completed operations hazard", with respect to Paragraph 2.1b. above, which is the subject of the written contract or written agreement. However, solely with respect to this Paragraph 2., insurance afforded to such additional insured: (i) Only applies if the "bodily injury", "property damage" or"personal and advertising injury" offense occurs during the policy period and subsequent to your execution of the written contract or written agreement; and (ii) Does not apply to "bodily injury" or"property damage" caused by "your work" and included within the "products-completed operations hazard" unless the written contract or written agreement specifically requires that you provide such coverage to such additional insured. 3. If neither Paragraph 1. nor Paragraph 2. above apply and such written contract or written agreement requires that you provide that the person or organization be named as an additional insured: a. Under the ISO CG 20 10 (04/13 edition, any subsequent edition or if no edition date is specified); or b. With respect to ongoing operations (if no form is specified), such person or organization is then an additional insured only to the extent that"bodily injury", "property damage" or"personal and advertising injury" is caused, in whole or in part by: (1) Your acts or omissions; or (2) The acts or omissions of those acting on your behalf, in the performance of your ongoing operations,which is the subject of the written contract or written agreement. However, solely with respect to this Paragraph 3., insurance afforded to such additional insured: (a) Only applies to the extent permitted by law; (b) Will not be broader than that which you are required by the written contract or written agreement to provide for such additional insured; and (c) Only applies if the"bodily injury", "property damage"or"personal and advertising injury"offense occurs during the policy period and subsequent to your execution of the written contract or written agreement. 4. If neither Paragraph 1. nor Paragraph 2. above apply and such written contract or written agreement requires that you provide that the person or organization be named as an additional insured: a. Under the ISO CG 20 37 (04/13 edition, any subsequent edition or if no edition date is specified); or b. With respect to the"products-completed operations hazard" (if no form is specified), such person or organization is then an additional insured only to the extent that"bodily injury"or"property damage" is caused, in whole or in part by"your work" and included in the "products-completed operations hazard", which is the subject of the written contract or written agreement. However, solely with respect to this Paragraph 4., insurance afforded to such additional insured: (1) Only applies to the extent permitted by law; (2) Will not be broader than that which you are required by the written contract or written agreement to provide for such additional insured; (3) Only applies if the "bodily injury" or"property damage" occurs during the policy period and subsequent to your execution of the written contract or written agreement; and (4) Does not apply to "bodily injury" or "property damage" caused by "your work" and included within the "products-completed operations hazard" unless the written contract or written agreement specifically requires that you provide such coverage to such additional insured. U-GL-2162-A CW(02/19) Page 2 of 4 Includes copyrighted material of Insurance Services Office, Inc.,with its permission. 66478620 I AUSTTRAF 1 21/22 GL AUTO UMB WC EQ VessPoll P&I I Michelle Roman 1 1/27/2022 11:38:41 AM (CST) I Page 10 of 15 B. Solely with respect to the insurance afforded to any additional insured referenced in Section A. of this endorsement, the following additional exclusion applies: This insurance does not apply to "bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of, or failure to render, any professional architectural, engineering or surveying services including: 1. The preparing, approving or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or 2. Supervisory, inspection, architectural or engineering activities. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the'occurrence"which caused the"bodily injury" or"property damage", or the offense which caused the "personal and advertising injury", involved the rendering of or the failure to render any professional architectural, engineering or surveying services. C. Solely with respect to the coverage provided by this endorsement, the following is added to Paragraph 2. Duties In The Event Of Occurrence, Offense, Claim Or Suit of Section IV—Commercial General Liability Conditions: The additional insured must see to it that: (1) We are notified as soon as practicable of an 'occurrence"or offense that may result in a claim; (2) We receive written notice of a claim or"suit'as soon as practicable; and (3) A request for defense and indemnity of the claim or"suit'will promptly be brought against any policy issued by another insurer under which the additional insured may be an insured in any capacity. This provision does not apply to insurance on which the additional insured is a Named Insured if the written contract or written agreement requires that this coverage be primary and non-contributory. D. Solely with respect to the coverage provided by this endorsement: 1. The following is added to the Other Insurance Condition of Section IV — Commercial General Liability Conditions: Primary and Noncontributory insurance This insurance is primary to and will not seek contribution from any other insurance available to an additional insured provided that: a. The additional insured is a Named Insured under such other insurance; and b. You are required by written contract or written agreement that this insurance be primary and not seek contribution from any other insurance available to the additional insured. 2. The following paragraph is added to Paragraph 4.b. of the Other Insurance Condition under Section IV — Commercial General Liability Conditions: This insurance is excess over: Any of the other insurance,whether primary, excess, contingent or on any other basis,available to an additional insured, in which the additional insured on our policy is also covered as an additional insured on another policy providing coverage for the same 'occurrence", offense, claim or "suit'. This provision does not apply to any policy in which the additional insured is a Named Insured on such other policy and where our policy is required by a written contract or written agreement to provide coverage to the additional insured on a primary and non- contributory basis. E. This endorsement does not apply to an additional insured which has been added to this Coverage Part by an endorsement showing the additional insured in a Schedule of additional insureds, and which endorsement applies specifically to that identified additional insured. F. Solely with respect to the insurance afforded to an additional insured under Paragraph A.3. or Paragraph A.4. of this endorsement, the following is added to Section III —Limits Of Insurance: Additional Insured—Automatic—Owners, Lessees Or Contractors Limit The most we will pay on behalf of the additional insured is the amount of insurance: U-GL-2162-A CW(02/19) Page 3 of 4 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. 66478620 1 AUSTTRAF 1 21/22 GL AUTO UMB WC EQ VessPoll P&I I Michelle Roman 1 1/27/2022 11:38:41 AM (CST) I Page 11 of 15 1. Required by the written contract or written agreement referenced in Section A. of this endorsement; or 2. Available under the applicable Limits of Insurance shown in the Declarations, whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. All other terms, conditions, provisions and exclusions of this policy remain the same. U-GL-2162-A CW(02/19) Page 4 of 4 Includes copyrighted material of Insurance Services Office, Inc.,with its permission. 66478620 1 AUSTTRAF 21/22 GL AUTO UMB WC EQ VeeePoll P&I I Michelle Roman 1 1/27/2022 11:38:41 AM (CST) I Page 12 of 15 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 42 03 04 B (Ed. 6-14) TEXAS WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT This endorsement applies only to the insurance provided by the policy because Texas is shown in Item 3.A. of the Information Page. We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule, but this waiver applies only with respect to bodily injury arising out of the operations described in the Schedule where you are required by a written contract to obtain this waiver from us. This endorsement shall not operate directly or indirectly to benefit anyone not named in the Schedule. The premium for this endorsement is shown in the Schedule. Schedule 1. (0) Specific Waiver Name of person or organization ALL PERSONS OR ORGANIZATIONS, WHERE REQUIRED BY WRITTEN CONTRACT OR AGREEMENT, EXECUTED PRIOR TO LOSS, EXCEPT WHERE PROHIBITED BY LAW (®) Blanket Waiver Any person or organization for whom the Named Insured has agreed by written contract to furnish this waiver. 2. Operations: ALL TX OPERATIONS 3. Premium: The premium charge for this endorsement shall be 0 percent of the premium developed on payroll in connection with work performed for the above person(s)or organization(s) arising out of the operations described. 4. Advance Premium: INCLUDED Policy Number:WC-4839722-09 Effective: 03/01/2021 WC420304B (Ed. 6-14) ©Copyright 2014 National Council on Compensation Insurance,Inc.All Rights Reserved. 66478620 1 AUSTTRAF 1 21/22 GL AUTO UMB WC EQ VessPoll P&I I Michelle Roman 1 1/27/2022 11:38:41 AM (CST) I Page 13 of 15 POLICY NUMBER:GLO 4839723-09 COMMERCIAL GENERAL LIABILITY CG 25 03 05 09 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED CONSTRUCTION PROJECT(S) GENERAL AGGREGATE LIMIT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Designated Construction Project(s): A GENERAL AGGREGATE LIMIT APPLIES TO EACH CONSTRUCTION PROJECT WHERE THE NAMED INSURED IS PERFORMING OPERATIONS, HOWEVER, A GENERAL AGGREGATE LIMIT DOES NOT APPLY TO ANY CONSTRUCTION PROJECT WHERE THE NAMED INSURED IS PERFORMING OPERATIONS THAT ARE INSURED UNDER A WRAP UP OR ANY OTHER CONSOLIDATED OR SIMILAR INSURANCE PROGRAM. Information required to complete this Schedule if not shown above will be shown in the Declarations. A. For all sums which the insured becomes legally 3. Any payments made under Coverage A for obligated to pay as damages caused by damages or under Coverage C for medical "occurrences"under Section I —Coverage A,and expenses shall reduce the Designated for all medical expenses caused by accidents Construction Project General Aggregate Limit under Section I —Coverage C,which can be for that designated construction project. Such attributed only to ongoing operations at a single payments shall not reduce the General designated construction project shown in the Aggregate Limit shown in the Declarations nor Schedule above: shall they reduce any other Designated 1. A separate Designated Construction Project Construction Project General Aggregate Limit General Aggregate Limit applies to each for any other designated construction project designated construction project, and that limit shown in the Schedule above. is equal to the amount of the General 4. The limits shown in the Declarations for Each Aggregate Limit shown in the Declarations. Occurrence, Damage To Premises Rented To 2. The Designated Construction Project General You and Medical Expense continue to apply. Aggregate Limit is the most we will pay for the However, instead of being subject to the sum of all damages under Coverage A,except General Aggregate Limit shown in the damages because of"bodily injury"or Declarations, such limits will be subject to the "property damage"included in the 'products- applicable Designated Construction Project completed operations hazard", and for General Aggregate Limit. medical expenses under Coverage C regardless of the number of: a. Insureds; b. Claims made or "suits"brought; or c. Persons or organizations making claims or bringing "suits". CG 25 03 05 09 © Insurance Services Office, Inc., 2008 Pagel of 2 ❑ 66478620 AUSTTRAF 1 21/22 GL AUTO UMB WC EQ VessPoll P&I I Michelle Roman 1 1/27/2022 11:38:41 AM (CST) I Page 14 of 15 B. For all sums which the insured becomes legally C. When coverage for liability arising out of the obligated to pay as damages caused by "products-completed operations hazard"is "occurrences"under Section I —Coverage A,and provided, any payments for damages because of for all medical expenses caused by accidents "bodily injury"or "property damage"included in under Section I —Coverage C, which cannot be the products-completed operations hazard"will attributed only to ongoing operations at a single reduce the Products-completed Operations designated construction project shown in the Aggregate Limit, and not reduce the General Schedule above: Aggregate Limit nor the Designated Construction 1. Any payments made under Coverage A for Project General Aggregate Limit. damages or under Coverage C for medical D. If the applicable designated construction project expenses shall reduce the amount available has been abandoned, delayed, or abandoned under the General Aggregate Limit or the and then restarted, or if the authorized Products-completed Operations Aggregate contracting parties deviate from plans, blueprints, Limit, whichever is applicable;and designs, specifications or timetables, the project 2. Such payments shall not reduce any will still be deemed to be the same construction Designated Construction Project General project. Aggregate Limit. E. The provisions of Section III —Limits Of Insurance not otherwise modified by this endorsement shall continue to apply as stipulated. Page 2 of 2 © Insurance Services Office, Inc., 2008 CG 25 03 05 09 0 66478620 AUSTTRAF 1 21/22 GL AUTO UMB WC EQ VessPoll P&I I Michelle Roman 1 1/27/2022 11:38:41 AM (CST) I Page 15 of 15 00700 GENERAL CONDITIONS City of Round Rock Contract Forms General Conditions Section 00700 TABLE OF CONTENTS OF GENERAL CONDITIONS Article Page Number& Title Number 1. DEFINITIONS.................................................................................................................................................2 2. PRELIMINARY MATTERS.............................................................................................................................5 3. CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE........................................................................7 4. AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; REFERENCE POINTS..........................................................................................................8 5. BONDS AND INSURANCE............................................................................................................................10 6. CONTRACTOR'S RESPONSIBILITIES.........................................................................................................16 7. OTHER WORK..............................................................................................................................................24 8. OWNER'S RESPONSIBILITIES....................................................................................................................25 9. ENGINEER/ARCHITECT'S STATUS DURING CONSTRUCTION...............................................................26 10. CHANGES IN THE WORK............................................................................................................................27 11. CHANGE OF CONTRACT AMOUNT............................................................................................................28 12. CHANGE OF CONTRACT TIMES.................................................................................................................31 13. TESTS AND INSPECTIONS; AND CORRECTION OR REMOVAL OF DEFECTIVE WORK........................................................................................................32 14. PAYMENTS TO CONTRACTOR AND COMPLETION .................................................................................35 15. SUSPENSION OF WORK AND TERMINATION...........................................................................................39 16. DISPUTE RESOLUTION...............................................................................................................................41 17 RIGHT TO AUDIT..........................................................................................................................................42 18. MISCELLANEOUS.........................................................................................................................................43 00700 04-2020 Page 1 General Conditions 00443641 GENERAL CONDITIONS ARTICLE 1 - DEFINITIONS Whenever used in these General Conditions or in the other Contract Documents,the term printed with initial capital letters or all capital letters, including the term's singular and plural forms, will have the meaning indicated in the definitions below or as defined in these General Conditions or other Contract Documents: 1.1 Addenda - Written or graphic instruments issued prior to the receipt of Proposals or the opening of Bids that clarify, correct or change the proposal or bidding requirements or the Contract Documents. 1.2 Agreement-Prescribed form, referenced as Section 00500. 1.3 Alternative Dispute Resolution-The process by which a disputed Claim may be settled if the OWNER and the CONTRACTOR cannot reach an agreement between themselves, as an alternative to litigation. 1.4 Bid - Proposal of bidder on prescribed forms setting forth prices for performing the Work described in the Contract Documents. 1.5 Bid Documents-The advertisement or invitation for bids, instructions to bidders, the bid form, the Contract Documents and Addenda. 1.6 Calendar Day-Any day of the week; no days being excepted. Work on Saturdays, Sundays, and/or Legal Holidays shall only be conducted with prior express written consent of the OWNER. 1.7 Change Directive-A written directive to the CONTRACTOR, signed by the OWNER, ordering a change in the Work and stating a proposed basis for adjustment, if any, in the Contract Amount or Contract Time, or both. A Change Directive may be used in the absence of total agreement on the terms of a Change Order. A Change Directive does not change the Contract Amount or Contract Time, but is evidence that the parties expect that the change directed or documented by a Change Directive will be incorporated in a subsequently issued Change Order. 1.8 Change Orders - Written agreements entered into between the CONTRACTOR and the OWNER authorizing an addition, deletion,or revision to the Contract, issued on or after the Execution Date of the Agreement and within the Contract term. 1.9 Claim - A written demand seeking, as a matter of right, adjustment or interpretation of Contract terms, payment of money, extension of time or other relief with respect to the terms of the Contract. 1.10 Contract - The Contract represents the entire and integrated agreement between the OWNER and the CONTRACTOR for performance of the Work, as evidenced by the Contract Documents. 1.11 Contract Amount-The amount payable by the OWNER to the CONTRACTOR for completion of the Work in accordance with the Contract Documents. 1.12 Contract Documents — Includes the Invitation to Bid, Instructions to Bidders, Agreement, General Conditions, Supplemental General Conditions, Special Conditions, Specifications, Project Manual, Drawings, Addenda and Change Orders. 1.13 Contract Time-The number of days allowed for completion of the Work as defined by the Contract. When any period is referred to in days, it will be computed to exclude the first and include the last day of such period. A day of twenty-four(24) hours measured from midnight to the next midnight will constitute a day. 1.14 CONTRACTOR - The individual, firm, corporation, or other business entity with whom the OWNER has entered into the Contract. 00700 04-2020 Page 2 General Conditions 1.15 Drawings - Those portions of the Contract Documents which are graphic representations of the scope, extent and character of the Work to be furnished and performed by the CONTRACTOR and which have been approved by the OWNER. Drawings may include plans, elevations, sections, details, schedules and diagrams. Shop Drawings are not Drawings as so defined. 1.16 Engineer/Architect (E/A) - The OWNER's design professional identified as such in the Agreement. The titles of"Architect/Engineer,""Architect"and "Engineer"used in the Contract Documents shall be read the same as Engineer/Architect (E/A). Nothing contained in the Contract Documents shall create any contractual or agency relationship between E/A and the CONTRACTOR. 1.17 Equal -The terms"equal"or"approved equal"shall have the same meaning. 1.18 Execution Date-Date of last signature of the parties to the Agreement. 1.19 Field Order-A written order issued by Owner's Representative which orders minor changes in the Work and which does not involve a change in the Contract Amount or the Contract Time. 1.20 Final Acceptance—The stage in the Contract process when, in the OWNER's opinion, Final Completion of the Work has been attained and a Certificate of Acceptance approved by the OWNER is issued. 1.21 Final Completion -The stage in the progress of the Work when, in the OWNER's opinion, the entire Work has been completed, the CONTRACTOR's obligations under the Contract Documents have been fulfilled, and the OWNER is processing or has made final payment to the CONTRACTOR, as evidenced by a Certificate of Acceptance approved by the OWNER. 1.22 Inspector-The authorized representative of any regulatory agency that has jurisdiction over any portion of the Work. 1.23 Legal Holidays 1.23.1 The following are recognized by the OWNER: Holiday Date Observed New Year's Day January 1 Martin Luther King, Jr.'s Birthday Third Monday in January President's Day Third Monday in February Memorial Day Last Monday in May Independence Day July 4 Labor Day First Monday in September Veteran's Day November 11 Thanksgiving Day Fourth Thursday in November Friday after Thanksgiving Friday after Thanksgiving Christmas Eve December 24 Christmas Day December 25 00700 04-2020 Page 3 General Conditions 1.23.2 If a Legal Holiday falls on Saturday, it will be observed on the preceding Friday. If a Legal Holiday falls on Sunday, it will be observed on the following Monday. 1.23.3 If Christmas Eve falls on a Saturday or a Sunday, the preceding Friday is observed as the Christmas Eve holiday. 1.23.4 If Christmas Day falls on a Saturday or a Sunday, the following Monday is observed as the Christmas Day holiday. 1.24 Milestones-A significant event specified in the Contract Documents relating to an intermediate completion date or time prior to Substantial Completion of all the Work. 1.25 Notice to Proceed - A Written Notice given by the OWNER to the CONTRACTOR notifying the CONTRACTOR to commence the Work and which may also fix the date on which the Contract Times will commence to run and on which the CONTRACTOR shall start to perform the CONTRACTOR's obligations under the Contract Documents. 1.26 OWNER—The City of Round Rock,Texas,a municipal corporation, home-rule city and political subdivision organized and existing under the laws of the State of Texas, acting through the City Manager or his/her designee, officers, agents or employees to administer design and construction of the Project. 1.27 Owner's Representative-The designated representative of the OWNER. 1.28 Partial Occupancy or Use- Use by the OWNER of a partially completed part of the Work for the purpose for which it is intended (or a related purpose)prior to Substantial Completion of all the Work. 1.29 Project- The total construction of which the Work to be provided under the Contract Documents may be the whole, or a part, as indicated elsewhere in the Contract Documents. 1.30 Project Manual - That portion of the Contract Documents which may include the following: introductory information; bidding requirements, Contract forms and General and Supplemental General Conditions; General Requirements; Specifications; Drawings; Project Safety Manual; and Addenda. 1.31 Proposal—Proposal of Offeror, on prescribed forms setting forth prices for performing the Work described in the Contract Documents. 1.32 Proposal Documents—The advertisement or invitation for Proposals, Instruction to Offerors, the Proposal form,the Contract Documents and Addenda. 1.33 Resident Project Representative -The authorized representative of E/A who may be assigned to the site or any part thereof. 1.34 Shop Drawings -All drawings, diagrams, illustrations, schedules and other data or information which are specifically prepared or assembled by or for the CONTRACTOR and submitted by the CONTRACTOR as required by the Contract Documents. 1.35 Specifications- Those portions of the Contract Documents consisting of written technical descriptions as applied to the Work, which set forth to the CONTRACTOR, in detail, the requirements which must be met by all materials, equipment, construction systems, standards,workmanship, equipment and services in order to render a completed and useful project. 1.36 Substantial Completion - The stage in the progress of the Work when the Work, or designated portions thereof, may still require minor modifications or adjustments but, in the OWNER's opinion,the Work has progressed to the point such that all parts of the Work under consideration are fully operational and the beneficial use and occupancy of which can be assumed by the Owner, as evidenced by a Certificate of Substantial Completion approved by the OWNER. 00700 04-2020 Page 4 General Conditions 1.37 Subcontractor-An individual, firm, or corporation having a direct contract with the CONTRACTOR for the performance of a part of the Work. 1.38 Sub-subcontractor-A person or entity who has a direct or indirect contract with a Subcontractor or a Sub- subcontractor of any tier to perform a portion of the Work. 1.39 Superintendent - The representative of the CONTRACTOR authorized in writing to receive and fulfill instructions from Owner's Representative, and who shall supervise and direct construction of the Work. 1.40 Supplemental General Conditions-The part of the Contract Documents which either amends or supplements the General Conditions. All General Conditions which are not so amended or so supplemented shall be considered as remaining in full force and effect. 1.41 Supplier-An individual or entity having a direct contract with the CONTRACTOR or with any Subcontractor or Sub-subcontractor to furnish materials or equipment to be incorporated in the Work by the CONTRACTOR or any Subcontractor. 1.42 Time Extension Request-An approved request for time extension on a form acceptable to the OWNER. 1.43 Work- The entire completed construction, or the various separately identifiable parts thereof, required to be furnished under the Contract Documents. 1.44 Working Day - Any day of the week, not including Saturdays, Sundays, or Legal Holidays, in which conditions not under the CONTRACTOR's control will permit work for at least seven(7)hours of the Working Times. Upon authorization by the Owner's Representative, work on Saturdays, Sundays and/or Legal Holidays may be allowed and, in that event, a Working Day will be counted for each such day. 1.45 Working Times — Times of day(s) during which work may be performed. Unless authorized by Owner's Representative, all Work shall be performed between 7:00 a.m. and 6:00 p.m. on weekdays and, if previously authorized as provided for in paragraph 1.44 or paragraph 1.6 herein, as applicable, between 9:00 a.m. and 6:00 p.m. on Saturdays, Sundays or Legal Holidays. When the CONTRACTOR has been authorized to perform Work during hours outside Working Times, such hours shall be considered time worked on Working Day contracts. Notwithstanding the preceding, emergency work may be done without prior permission only as provided in paragraph 6.11.5 herein. 1.46 Written Notice-Written communication between the OWNER and the CONTRACTOR. Written Notice shall be deemed to have been duly served if delivered in person to Owner's Representative or to the CONTRACTOR's duly authorized representative, or if such Written Notice is delivered to or sent by registered or certified mail to the attention of Owner's Representative or to the CONTRACTOR's duly authorized representative at the last business address known to the party giving notice. ARTICLE 2 -PRELIMINARY MATTERS 2.1 Delivery of Agreement, Bonds, Insurance, and Other Documentation: Within ten(10)Calendar Days after written notification of award of Contract,the CONTRACTOR shall deliver to the OWNER signed Agreement, Bond(s), Insurance Certificate(s) and other documentation required for execution of the Contract. 2.2 Copies of Documents: The OWNER shall furnish to the CONTRACTOR two (2) copies of the Contract Documents unless otherwise specified. 00700 04-2020 Page 5 General Conditions 2.3 Commencement of Contract Times; Notice to Proceed: The Contract Time(s) commence on the date indicated in the Agreement or in the Notice to Proceed. Notice to Proceed will be given at any time within sixty(60)Calendar Days after the Execution Date of the Agreement, unless extended by written agreement of the parties. 2.4 Before Starting Construction: 2.4.1 No Work shall be done at the site prior to the preconstruction conference without the OWNER's approval. Before undertaking each part of the Work, the CONTRACTOR shall carefully study and compare the Contract Documents and check and verify pertinent figures shown thereon and all applicable field measurements. The CONTRACTOR shall promptly report in writing to Owner's Representative any conflict, error, ambiguity or discrepancy which the CONTRACTOR may discover and shall obtain a written interpretation or clarification from Owner's Representative before proceeding with any Work affected thereby. The CONTRACTOR shall be liable to the OWNER for failure to report any conflict, error, ambiguity or discrepancy in the Contract Documents of which the CONTRACTOR knew or reasonably should have known. 2.4.2 The CONTRACTOR shall submit the following to Owner's Representative for review and approval no later than the preconstruction conference: .1 a preliminary progress schedule indicating the times (number of days or dates) for starting and completing the various stages of the Work, including any Milestones specified in the Contract Documents, identifying when all Subcontractors will be utilized, and taking into consideration any limitations on Working Hours; .2 a preliminary schedule of Shop Drawing and sample submittals; .3 a preliminary schedule of values for all of the Work, subdivided into component parts in sufficient detail to serve as the basis for progress payments during construction.Such prices will include an appropriate amount of overhead and profit applicable to each item of Work. The preliminary schedule of values submitted by the CONTRACTOR should include a reasonable estimation of value of each item included and shall not contain disproportionate values assigned to any item or items; .4 a letter designating CONTRACTOR's Superintendent; .5 a letter from the CONTRACTOR and Subcontractor(s)listing any salaried specialists; .6 if applicable, a letter designating the "Competent Person(s)" on general safety and trench safety measures; .7 if applicable, a trench safety system plan; .8 if applicable, a plan illustrating proposed locations of temporary facilities; .9 if applicable, a traffic control plan; .10 a completed Non-Use of Asbestos Affidavit(Prior to Construction); and .11 if applicable, a letter designating the Texas Registered Professional Land Surveyor for layout of the Work. 2.5 Preconstruction Conference: Prior to commencement of Work at the site,a preconstruction conference attended by the CONTRACTOR,Owner's Representative and others will be held. 00700 04-2020 Page 6 General Conditions 2.6 Initially Acceptable Schedules: Unless otherwise provided in the Contract Documents, the CONTRACTOR shall obtain approval of Owner's Representative on final versions of the schedules submitted in accordance with paragraph 2.4.2 before the first progress payment will be made to the CONTRACTOR. The progress schedule must provide for an orderly progression of the Work to completion within any specified Milestones and Contract Times. Acceptance of the schedule by Owner's Representative will neither impose on Owner's Representative responsibility for the sequencing, scheduling or progress of the Work nor interfere with or relieve the CONTRACTOR from the CONTRACTOR's full responsibility therefor. The CONTRACTOR's schedule of Shop Drawings and sample submissions must provide an arrangement agreeable to the parties for reviewing and processing the required submittals. 2.7 Electronic Transmittals: 2.7.1 Except as otherwise stated elsewhere in the Contract Documents, the OWNER, E/A, and CONTRACTOR may transmit,and shall except,Project-related correspondence,texts,data,documents,drawings,information, and graphics, including but not limited to Shop Drawings and other submittals, in electronic media or digital format,either directly, or through access to a secure Project website. 2.7.2 When transmitting items in electronic media or digital format, the transmitting party makes no representations as to long term compatibility, usability, or readability of the items resulting from the recipient's use of software application packages,operating systems,or computer hardware differing from those used in the drafting or transmittal of the items. ARTICLE 3-CONTRACT DOCUMENTS: INTENT,AMENDING, REUSE 3.1 Intent: 3.1.1 The intent of the Contract Documents is to include all information necessary for the proper execution and completion of the Work by the CONTRACTOR.The Contract Documents are complementary, and what is required by one shall be as binding as if required by all. In cases of disagreement, the following order of precedence shall govern (top item receiving priority of interpretation): Change Orders Modifications to the Contract Documents made after the Execution Date Signed Agreement Addenda to the Contract Documents Special Conditions Supplemental General Conditions General Conditions Other Bidding Requirements and Contract Forms Special Provisions to the Standard Technical Specifications Special Specifications Standard Technical Specifications Drawings(figured dimensions shall govern over scaled dimensions) Project Safety manual, if applicable 3.1.2 Unless otherwise stated in the Contract Documents,words which have well-known technical or construction industry meanings are used in the Contract Documents in accordance with such recognized meanings. 3.2 Reporting and Resolving Discrepancies: Prior to commencing the Work, the CONTRACTOR shall review the Contract Documents for the purpose of discovering any conflict, error, ambiguity or discrepancy in the Contract Documents. If, at any time, the CONTRACTOR discovers any conflict, error, ambiguity or discrepancy within the Contract Documents or between the Contract Documents and any provisions of any such law or regulation applicable to the performance of the Work 00700 04-2020 Page 7 General Conditions or of any such standard, specification, manual or code or instructions of any Supplier, the CONTRACTOR shall immediately report it to Owner's Representative in writing, and the CONTRACTOR shall not proceed with the Work affected thereby until an amendment or supplement to the Contract Documents has been issued by one of the methods indicated in paragraph 3.3.1 or paragraph 3.3.2. The CONTRACTOR shall be liable to the OWNER for failure to report any such conflict, error, ambiguity or discrepancy of which the CONTRACTOR knew or reasonably should have known. 3.3 Amending and Supplementing Contract Documents: 3.3.1 The Contract Documents may be amended to provide for additions, deletions and revisions in the Work or to modify the terms and conditions thereof in one or more of the following ways: .1 Change Order. .2 Change Directive. 3.3.2 In addition, the requirements of the Contract Documents may be supplemented, and minor variations and deviations in the Work may be authorized, in one or more of the following ways: .1 Field Order. .2 Review of a Shop Drawing or sample. .3 Written interpretation or clarification. 3.4 Reuse of Documents Prohibited: The CONTRACTOR and any Subcontractor or Supplier or other person or organization performing or furnishing any of the Work under a direct or indirect contract with the OWNER: (i) shall not have or acquire any title to or ownership rights in any of the Drawings, Specifications or other documents(or copies of any thereof)prepared by or bearing the seal of E/A or E/A's consultants, and (ii)shall not reuse any of such Drawings, Specifications, other documents or copies on extensions of the Project or any other project without written consent of the OWNER and E/A. ARTICLE 4-AVAILABILITY OF LANDS: SUBSURFACE AND PHYSICAL CONDITIONS: REFERENCE POINTS 4.1 Availability of Lands: The OWNER shall furnish, as indicated in the Contract Documents, all required rights to use the lands upon which the Work is to be performed, rights-of-way and easements for access thereto, and such other lands which are designated for the use of the CONTRACTOR. The OWNER shall identify any encumbrances or restrictions not of general application but specifically related to use of lands so furnished with which the CONTRACTOR will have to comply in performing the Work. Easements for permanent structures or permanent changes in existing facilities will be obtained and paid for by the OWNER, unless otherwise provided in the Contract Documents. If the OWNER fails to furnish these lands, rights-of-way or easements in a timely manner, the CONTRACTOR may make a Claim for adjustments in the Contract Times.The CONTRACTOR shall provide for all additional lands and access thereto that may be required for temporary construction facilities or storage of materials and equipment. 4.2 Subsurface and Physical Conditions: 4.2.1 The CONTRACTOR hereby covenants that it has examined the site of the proposed Work and is familiar with all of the conditions surrounding construction of the Project, having conducted all inquiries, tests and investigations deemed necessary and proper. Unless the CONTRACTOR, prior to the execution of the Agreement, has notified the OWNER in writing of any condition of the site of the proposed Work that would adversely impact 00700 04-2020 Page 8 General Conditions the performance of the Work by the CONTRACTOR, CONTRACTOR covenants that there are no conditions at the site of the proposed work which would adversely impact the performance of Work by the CONTRACTOR. 4.2.2 If conditions are encountered at the site which are (1) subsurface or otherwise concealed physical conditions that differ materially from those indicated in the Contract Documents or(2)unknown physical conditions of an unusual nature, that differ materially from those normally encountered in the type of work being performed under this Contract, then notice by the observing party shall be given to the other party promptly before conditions are disturbed and in no event later than seven (7) calendar days after first observance of the conditions. Owner's Representative will promptly investigate such conditions with E/A and,if they differ materially and cause an increase or decrease in the CONTRACTOR's cost of,or time required for, performance of any part of the Work, OWNER will consider an equitable adjustment in the Contract Amount or Contract Time, or both. If Owner's Representative determines that the conditions at the site are not materially different from those indicated in the Contract Documents and that no change in the terms of the Contract is justified, the CONTRACTOR shall be notified in writing, stating the reasons. Any disputes arising from Owner's Representative's determination shall be resolved in accordance with Article 16. 4.2.3 Notwithstanding any other provision of this Contract,the CONTRACTOR shall be solely responsible for the location and protection of any and all public lines and utility customer service lines in the Work area. For the purposes of this section, "public lines"means the utility distribution and supply system within public rights-of-way or easements, and "utility customer service lines" (service) means any utility line connecting a utility customer to the utility distribution system. Generally, existing service connections within right-of-way or easements are not shown on the Drawings.The CONTRACTOR shall notify the OWNER and "One Call"and exercise due care to locate and to mark, uncover or otherwise protect all such lines in the construction zone and any of the CONTRACTOR's work or storage areas. The CONTRACTOR's obligation hereunder shall be primary and nondelegable. The CONTRACTOR shall indemnify or reimburse the OWNER for such expenses or costs (including fines that may be levied against the OWNER) that may result from unauthorized or accidental damage to all public lines and utility customer service lines in the Work area.The OWNER reserves the right to repair such damage the CONTRACTOR may cause, at the CONTRACTOR's expense. 4.2.4 The CONTRACTOR shall take reasonable precaution to avoid disturbing primitive records and antiquities of archaeological, paleontological or historical significance. No objects of this nature shall be disturbed without written permission of the OWNER and the Texas Department of Antiquities Protection. When such objects are uncovered unexpectedly, the CONTRACTOR shall stop all Work in close proximity and notify Owner's Representative and the Texas Department of Antiquities Protection of their presence and shall not disturb them until written permission and permit to do so is granted.All primitive rights and antiquities uncovered on the OWNER's property shall remain property of the State of Texas, the Texas Department of Antiquities Protection conforming to the Texas Natural Resources Code. If it is determined by the OWNER, in consultation with the Texas Department of Antiquities Protection,that exploration or excavation of primitive records or antiquities on Project site is necessary to avoid loss, the CONTRACTOR shall cooperate in salvage work attendant to preservation. If the Work stoppage or salvage work causes an increase in the CONTRACTOR's cost of,or time required for, performance of the Work, the Contract Amount and/or Contract Time may be equitably adjusted. 4.3 Reference Points: Unless otherwise specified, the OWNER will furnish all reference points, benchmarks, survey monuments, and control points which,in the OWNER's opinion,are suitable for laying out the Work. Such benchmarks and reference points will be placed at intervals not to exceed 1,500 feet. All reference points, benchmarks, survey monuments and control points shall be carefully preserved by the CONTRACTOR by use of flags, laths or other appropriate measures and, in case of destruction or removal by the CONTRACTOR or its employees, such reference points, benchmarks, survey monuments, and control points shall be replaced by a Registered Professional Land Surveyor at the CONTRACTOR's expense. When reference points, benchmarks, survey monuments, or control points are in conflict with the Work, then reestablishment will be the OWNER's responsibility during or upon completion of the Work. 4.4 Hazardous Materials: 00700 04-2020 Page 9 General Conditions 4.4.1 The OWNER shall be responsible for any hazardous material uncovered or revealed at the site which was not shown, indicated or identified in the Contract Documents to be within the scope of the Work and which may present a substantial danger to persons or property exposed thereto in connection with the Work at the site. The CONTRACTOR shall immediately notify Owner's Representative of any suspected hazardous materials encountered before or during performance of the Work and shall take all necessary precautions to avoid further disturbance of the materials. 4.4.2 The CONTRACTOR shall be responsible for any hazardous materials brought to the site by the CONTRACTOR, Subcontractor, Suppliers or anyone else for whom the CONTRACTOR is responsible. 4.4.3 No asbestos-containing materials shall be incorporated into the Work or brought on the Project site without prior approval of the OWNER. 4.4.4 TO THE FULLEST EXTENT PERMITTED BY LAWS AND REGULATIONS, CONTRACTOR SHALL INDEMNIFY AND HOLD HARMLESS OWNER, AND ITS COUNCIL MEMBERS, EMPLOYEES,AGENTS, AND CONSULTANTS FROM AND AGAINST ALL CLAIMS, COSTS, LOSSES, AND DAMAGES (INCLUDING BUT NOT LIMITED TO ALL FEES AND CHARGES OF ENGINEERS, ARCHITECTS, ATTORNEYS, AND OTHER PROFESSIONALS AND ALL COURT OR ARBITRATION OR OTHER DISPUTE RESOLUTION COSTS) ARISING OUT OF OR RELATING TO FAILURE TO CONTROL, CONTAIN OR REMOVE A HAZARDOUS MATERIAL BROUGHT TO THE SITE BY CONTRACTOR OR BY ANYONE FOR WHOM CONTRACTOR IS RESPONSIBLE, OR TO A HAZARDOUS ENVIRONMENTAL CONDITION CREATED BY CONTRACTOR OR BY ANYONE FOR WHOM CONTRACTOR IS RESPONSIBLE. ARTICLE 5 - BONDS AND INSURANCE 5.1 Surety and Insurance Companies: All bonds and insurance required by the Contract Documents shall be obtained from solvent surety or insurance companies that are duly licensed by the State of Texas and authorized to issue bonds or insurance policies for the limits and coverages required by the Contract Documents. The bonds shall be in a form acceptable to the OWNER and shall be issued by a surety which complies with the requirements of Chapter 3503, Texas Insurance Code (2005)and which is otherwise acceptable to the OWNER. OWNER may require the surety to obtain reinsurance for any portion of the risk that exceeds 10% of the surety's capital and surplus. For bonds exceeding $100,000, the surety must also hold a certificate of authority from the U.S. Secretary of the Treasury or have obtained reinsurance from a reinsurer that is authorized as a reinsurer in Texas and holds a certificate of authority from the U.S. Secretary of the Treasury. 5.2 Workers' Compensation Insurance Coverage: 5.2.1 Definitions: .1 Certificate of coverage ("certificate") - A copy of a certificate of insurance, a certificate of authority to self-insure issued by the commission, or a coverage agreement showing statutory workers' compensation insurance coverage for the person's or entity's employees providing services on the Project, for the duration of the Project. .2 Duration of the Project - includes the time from the beginning of the Work on the Project until the CONTRACTOR's/person's Work on the Project has been completed and accepted by the OWNER. .3 Persons providing services on the Project ("subcontractor" herein) - includes all persons or entities performing all or part of the services the CONTRACTOR has undertaken to perform on the Project, regardless of whether that person contracted directly with the CONTRACTOR and regardless of whether that person has employees. This includes, by way of illustration and not of limitation, 00700 04-2020 Page 10 General Conditions independent contractors, Subcontractors, leasing companies, motor carriers, owner-operators, employees of any such entity, or employees of any entity which furnishes persons to provide services on the Project. "Services" include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project. "Services" does not include activities unrelated to the Project, such as food/beverage vendors,office supply deliveries, and delivery of portable toilets. 5.2.2 The CONTRACTOR shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44)for all employees of the CONTRACTOR providing services on the Project,for the duration of the Project. 5.2.3 The OWNER will not execute the Contract prior to the CONTRACTOR providing all required certificates of coverage. 5.2.4 If the coverage period shown on the CONTRACTOR's current certificate of coverage ends during the duration of the Project, the CONTRACTOR must, prior to the end of the coverage period, file a new certificate of coverage with the OWNER showing that coverage has been extended. 5.2.5 The CONTRACTOR shall obtain from each person providing services on the Project, and provide to the OWNER: .1 a certificate of coverage, prior to that person beginning Work on the Project, so the OWNER will have on file certificates of coverage showing coverage for all persons providing services on the Project; and .2 no later than seven(7)days after receipt by the CONTRACTOR,a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the Project. 5.2.6 The CONTRACTOR shall retain all required certificates of coverage for the duration of the Project and for one (1)year thereafter. 5.2.7 The CONTRACTOR shall notify the OWNER in writing by certified mail or personal delivery within ten (10) days after the CONTRACTOR knew or should have known of any change that materially affects the provision of coverage of any person providing services on the Project. 5.2.8 The CONTRACTOR shall post at its office or on each Project site a notice, in the text, form and manner prescribed by the Texas Workers' Compensation Commission, informing all persons providing services on the Project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage. 5.2.9 The CONTRACTOR shall contractually require each person with whom it contracts to provide services on a Project to: .1 provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44)for all of its employees providing services on the Project,for the duration of the Project; .2 provide to the CONTRACTOR, prior to that person beginning Work on the Project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the Project, for the duration of the Project; .3 provide the CONTRACTOR, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the Project; 00700 04-2020 Page 11 General Conditions .4 obtain from each other person with whom it contracts, and provide to the CONTRACTOR: a) a certificate of coverage, prior to the other person beginning Work on the Project; and b) a new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the Project; .5 retain all required certificates of coverage on file for the duration of the Project and for one (1) year thereafter; .6 notify the OWNER in writing by certified mail or personal delivery within ten (10)days after the person knew or should have known of any change that materially affects the provision of coverage of any person providing services on the Project; and .7 contractually require each person with whom it contracts,to perform as required by paragraphs 5.2.9.1 - 5.2.9.7, with the certificates of coverage to be provided to the person for whom they are providing services. 5.2.10 By signing this Contract or providing or causing to be provided a certificate of coverage, the CONTRACTOR is representing to the OWNER that all employees of the CONTRACTOR who will provide services on the Project will be covered by workers'compensation coverage for the duration of the Project,that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self-insured, with the commission's Division of Self-Insurance Regulation. Providing false or misleading information may subject the CONTRACTOR to administrative penalties, criminal penalties, civil penalties, or other civil actions. 5.2.11 The CONTRACTOR's failure to comply with any of these provisions is a breach of Contract by the CONTRACTOR which entities the OWNER to declare the Contract void if the CONTRACTOR does not remedy the breach within ten (10)days after receipt of notice of breach from the OWNER. 5.3 Contractor Insurance Requirements: For specific bond requirements and additional insurance requirements, refer to the Supplemental General Conditions. 5.3.1.1 General Requirements: .1 CONTRACTOR shall carry insurance in the types and amounts indicated below for the duration of the Contract, which shall include items owned by OWNER in the care, custody and control of CONTRACTOR prior to and during construction and warranty period. .2 CONTRACTOR must complete and forward the required Certificates of Insurance to OWNER before the Contract is executed as verification of coverage required below. CONTRACTOR shall not commence Work until the required insurance is obtained and until such insurance has been reviewed by OWNER. Approval of insurance by OWNER shall not relieve or decrease the liability of CONTRACTOR hereunder and shall not be construed to be a limitation of liability on the part of CONTRACTOR. CONTRACTOR must also complete and forward the required Certificates of Insurance to OWNER whenever a previously identified policy period has expired as verification of continuing coverage. .3 CONTRACTOR's insurance coverage is to be written by companies licensed to do business in the State of Texas at the time the policies are issued and shall be written by companies with A.M. Best ratings of B+VII or better, except for hazardous material insurance which shall be written by companies with A.M. Best ratings of A-or better. 00700 04-2020 Page 12 General Conditions .4 All endorsements naming the OWNER as additional insured, waivers, and notices of cancellation endorsements as well as the Certificate of Insurance shall indicate: City of Round Rock, 221 E. Main St., Round Rock, Texas 78664. .5 The "other" insurance clause shall not apply to the OWNER where the OWNER is an additional insured shown on any policy. It is intended that policies required in the Contract, covering both OWNER and CONTRACTOR, shall be considered primary coverage as applicable. .6 If insurance policies are not written for amounts specified below, CONTRACTOR shall carry Umbrella or Excess Liability Insurance for any differences in amounts specified. If Excess Liability Insurance is provided, it shall follow the form of the primary coverage. .7 OWNER shall be entitled, upon request and without expense,to receive certified copies of policies and endorsements thereto and may make any reasonable requests for deletion or revision or modification of particular policy terms, conditions, limitations, or exclusions except where policy provisions are established by law or regulations binding upon either of the parties hereto or the underwriter on any such policies. .8 OWNER reserves the right to review the insurance requirements set forth during the effective period of this Contract and to make reasonable adjustments to insurance coverage, limits, and exclusions when deemed necessary and prudent by OWNER based upon changes in statutory law, court decisions, the claims history of the industry or financial condition of the insurance company as well as CONTRACTOR. .9 CONTRACTOR shall not cause any insurance to be canceled nor permit any insurance to lapse during the term of the Contract or as required in the Contract. .10 CONTRACTOR shall be responsible for premiums, deductibles and self-insured retentions, if any, stated in policies. All deductibles or self-insured retentions shall be disclosed on the Certificate of Insurance. .11 CONTRACTOR shall provide OWNER thirty (30) days written notice of erosion of the aggregate limits below occurrence limits for all applicable coverages indicted within the Contract. .12 If OWNER-owned property is being transported or stored off-site by CONTRACTOR, then the appropriate property policy will be endorsed for transit and storage in an amount sufficient to protect OWNER's property. .13 The insurance coverages required under this contract are required minimums and are not intended to limit the responsibility or liability of CONTRACTOR. 5.3.1.2 Business Automobile Liability Insurance. Provide coverage for all owned, non-owned and hired vehicles. The policy shall contain the following endorsements in favor of OWNER: a) Waiver of Subrogation endorsement TE 2046A; b) 30 day Notice of Cancellation endorsement TE 0202A; and c) Additional Insured endorsement TE 9901 B. Provide coverage in the following types and amounts: 00700 04-2020 Page 13 General Conditions .1 A minimum combined single limit of$500,000 per occurrence for bodily injury and property damage. Alternate acceptable limits are $250,000 bodily injury per person, $500,000 bodily injury per occurrence and at least$100,000 property damage liability each accident. 5.3.1.3 Workers'Compensation and Employers' Liability Insurance: Coverage shall be consistent with statutory benefits outlined in the Texas Workers' Compensation Act (Section 401). CONTRACTOR shall assure compliance with this Statute by submitting two (2)copies of a standard certificate of coverage (e.g. ACCORD form) to Owner's Representative for every person providing services on the Project as acceptable proof of coverage. The required Certificate of Insurance must be presented as evidence of coverage for CONTRACTOR. Workers' Compensation Insurance coverage written by the Texas Workers Compensation Fund is acceptable to OWNER. CONTRACTOR's policy shall apply to the State of Texas and include these endorsements in favor of OWNER: a) Waiver of Subrogation,form WC 420304; and b) 30 day Notice of Cancellation,form WC 420601. The minimum policy limits for Employers' Liability Insurance coverage shall be as follows: .1 $100,000 bodily injury per accident, $500,000 bodily injury by disease policy limit and $100,000 bodily injury by disease each employee. 5.3.1.4 Commercial General Liability Insurance. The Policy shall contain the following provisions: a) Blanket contractual liability coverage for liability assumed under the Contract and all contracts relative to this Project. b) Completed Operations/Products Liability for the duration of the warranty period. c) Explosion, Collapse and Underground(X, C& U)coverage. d) Independent Contractors coverage. e) Aggregate limits of insurance per project, endorsement CG 2503. f) OWNER listed as an additional insured, endorsement CG 2010. g) 30 day notice of cancellation in favor of OWNER, endorsement CG 0205. h) Waiver of Transfer of Recovery Against Others in favor of OWNER, endorsement CG 2404. Provide coverages A&B with minimum limits as follows: .1 A combined bodily injury and property damage limit of$500,000 per occurrence. 5.3.1.5 Builders' Risk Insurance. CONTRACTOR shall maintain Builders' Risk Insurance or Installation Insurance on an all risk physical loss form in the Contract Amount. Coverage shall continue until the Work is accepted by OWNER. OWNER shall be a loss payee on the policy. If off site storage is permitted,coverage shall include transit and storage in an amount sufficient to protect property being transported or stored. 5.4 Bonds: 00700 04-2020 Page 14 General Conditions 5.4.1 General. .1 Bonds, when required, shall be executed on forms furnished by or acceptable to OWNER. All bonds signed by an agent must be accompanied by a certified copy of such agent's authority to act. .2 If the surety on any bond furnished by CONTRACTOR is declared bankrupt or becomes insolvent or its right to do business is terminated in the State of Texas or it ceases to meet the requirements of the preceding paragraph,CONTRACTOR shall within ten(10)days thereafter substitute another bond and surety, both of which must be acceptable to OWNER. .3 When Performance Bonds and/or Payment Bonds are required,each shall be issued in an amount of one hundred percent (100%) of the Contract Amount as security for the faithful performance and/or payment of all CONTRACTOR's obligations under the Contract Documents. Performance Bonds and Payment Bonds shall be issued by a solvent surety company authorized to do business in the State of Texas, and shall meet any other requirements established by law or by OWNER pursuant to applicable law. Any surety duly authorized to do business in Texas may write Performance and Payment Bonds on a project without reinsurance to the limit of 10 percent of its capital and surplus. Such a surety must reinsure any obligations over 10 percent. .4 If CONTRACTOR has failed to obtain or maintain a required bond, OWNER may exclude the CONTRACTOR from the site of the Project and exercise OWNER's suspension and/or termination rights under the Contract Documents. 5.4.2 Performance Bond. .1 If the Contract Amount exceeds $100,000, CONTRACTOR shall furnish OWNER with a Performance Bond in the form set out by OWNER. .2 If the Contract Amount exceeds $25,000 but is less than or equal to $100,000, CONTRACTOR shall furnish OWNER with a Performance Bond in the form set out by OWNER, unless the original Contract Time is 60 Calendar Days/40 Working Days or less, in which case CONTRACTOR can agree to the following terms and conditions for payment in lieu of providing a Performance Bond: no money will be paid to CONTRACTOR until completion and acceptance of the Work by OWNER; CONTRACTOR shall be entitled to receive 95%of the Contract Amount following Final Completion, and the remaining 5%of the Contract Amount following the one year warranty period. .3 If the Contract Amount is less than or equal to $25,000, CONTRACTOR will not be required to furnish a Performance Bond; provided that no money will be paid to CONTRACTOR until completion and acceptance of the Work by OWNER under the following terms and conditions: CONTRACTOR shall be entitled to receive 95%of the Contract Amount following Final Completion, and the remaining 5%of the Contract Amount following the one year warranty period. .4 If a Performance Bond is required to be furnished, it shall extend for the one year warranty period. 5.4.3 Payment Bond. .1 If the Contract Amount exceeds $50,000, CONTRACTOR shall furnish OWNER with a Payment Bond in the form set out by OWNER. .2 If the Contract Amount is less than or equal to $50,000, CONTRACTOR will not be required to furnish a Payment Bond; provided that no money will be paid to CONTRACTOR until completion and acceptance of the Work by OWNER under the terms and conditions specified in paragraph 5.4.2.3. 00700 04-2020 Page 15 General Conditions ARTICLE 6 -CONTRACTOR'S RESPONSIBILITIES 6.1 Supervision and Superintendence: 6.1.1 The CONTRACTOR shall supervise, inspect and direct the Work competently and efficiently,devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Contract Documents. Unless otherwise directed by the OWNER in the Contract Documents, the CONTRACTOR shall be solely responsible for the means, methods, techniques, sequences and procedures of construction. The CONTRACTOR shall be responsible to see that the completed Work complies accurately with the Contract Documents. 6.1.2 The CONTRACTOR shall have an English-speaking, competent Superintendent on the Work at all times that work is in progress. Upon request of Owner's Representative, the CONTRACTOR shall present the resume of the proposed Superintendent to Owner's Representative showing evidence of experience and successful superintendence and direction of work of a similar scale and complexity. If, in the opinion of Owner's Representative, the proposed Superintendent does not indicate sufficient experience in line with the Work, he/she will not be allowed to be the designated Superintendent for the Work. The Superintendent shall not be replaced without Written Notice to Owner's Representative. If the CONTRACTOR deems it necessary to replace the Superintendent, the CONTRACTOR shall provide the necessary information for approval, as stated above, on the proposed new Superintendent. A qualified substitute Superintendent may be designated in the event that the designated Superintendent is temporarily away from the Work, but not to exceed a time limit acceptable to Owner's Representative. The CONTRACTOR shall replace the Superintendent upon the OWNER's request in the event the Superintendent is unable to perform to the OWNER's satisfaction. The Superintendent will be the CONTRACTOR's representative on the Work and shall have the authority to act on behalf of the CONTRACTOR. All communications given to the Superintendent shall be as binding as if given to the CONTRACTOR. Either the CONTRACTOR or the Superintendent shall provide an emergency and home telephone number at which one or the other may be reached if necessary when work is not in progress. 6.2 Labor, Materials and Equipment: 6.2.1 The CONTRACTOR agrees to employ only orderly and competent workers, skillful in performance of the type of Work required under this Contract. The CONTRACTOR, Subcontractors, Sub-subcontractors. and their employees may not use or possess any firearms, alcoholic or other intoxicating beverages, illegal drugs or controlled substances while on the job or on the OWNER's property, nor may such workers be intoxicated, or under the influence of alcohol or drugs, on the job. If the OWNER or Owner's Representative notifies the CONTRACTOR that any worker is incompetent, disorderly or disobedient, has knowingly or repeatedly violated safety regulations, has possessed any firearms, or has possessed or was under the influence of alcohol or drugs on the job, the CONTRACTOR shall immediately remove such worker from performing Contract Work, and may not employ such worker again on Contract Work without the OWNER's prior written consent. The CONTRACTOR shall at all times maintain good discipline and order on or off the site in all matters pertaining to the Project. The CONTRACTOR shall pay workers no less than the wage rates established in Section 00900, and maintain weekly payroll reports as evidence thereof. 6.2.2 Unless otherwise specified, the CONTRACTOR shall provide and pay for all materials, equipment, labor, transportation, construction equipment and machinery, tools, appliances, fuel, power, light, heat, telephone, water, sanitary facilities, temporary facilities and all other facilities and incidentals necessary for the furnishing, performance, re-testing of defective work, start-up and completion of the Work. 6.2.3 All materials and equipment shall be of good quality and new (including new products made of recycled materials), except as otherwise provided in the Contract Documents. If required by Owner's Representative, the CONTRACTOR shall furnish satisfactory evidence (reports of required tests, manufacturer's certificates of compliance with material requirements, mill reports, etc.) as to the kind, quantity and quality of materials and equipment. All materials and equipment shall be applied, installed, connected, erected, used, cleaned and conditioned in accordance with instructions of the applicable Supplier, except as otherwise provided in the Contract Documents. 00700 04-2020 Page 16 General Conditions 6.2.4 Substitutes and "Approved Equal" Items: 6.2.4.1 Whenever an item of material or equipment is specified or described in the Contract Documents by using the name of a proprietary item or the name of a particular Supplier, the specification or description is intended to establish the type,function and quality required. Unless the specification or description contains words reading that no like, equivalent or"approved equal" item or no substitution is permitted, other items of material or equipment of other Suppliers may be submitted to Owner's Representative under the following circumstances: .1 "Approved Equal": If, in the OWNER's sole discretion, an item of material or an item of equipment proposed by the CONTRACTOR is functionally equal to that named and sufficiently similar so that no change in related Work will be required, it may be considered by the OWNER as an "approved equal" item, in which case review of the proposed item may, in the OWNER's sole discretion,be accomplished without compliance with some or all of the requirements for evaluation of proposed substitute items. The CONTRACTOR shall provide the OWNER with the documentation required for the OWNER to make its determination. .2 Substitute Items: If, in the OWNER's sole discretion, an item of material or an item of equipment proposed by the CONTRACTOR does not qualify as an "approved equal" item under paragraph 6.2.4.1.1, then it will be considered a proposed substitute item. The CONTRACTOR shall submit sufficient information to allow the OWNER to determine that the item of material or item of equipment proposed is essentially equivalent to that named and a substitute therefor. 6.2.4.2 Substitute Construction Methods and Procedures: If a specific means, method, technique, sequence or procedure of construction is shown or indicated in and expressly required by the Contract Documents, the CONTRACTOR may with prior approval of the OWNER furnish or utilize a substitute means, method, technique, sequence, or procedure of construction. The CONTRACTOR shall submit sufficient information to Owner's Representative to allow the OWNER, in the OWNER's sole discretion, to determine that the substitute proposed is equivalent to that expressly called for by the Contract Documents. 6.2.4.3 OWNER's Evaluation: The OWNER will be allowed a reasonable time within which to evaluate each proposal or submittal made pursuant to paragraph 6.2.4.1.1 and paragraph 6.2.4.1.2. The OWNER will be the sole judge of acceptability. No "approved equal" or substitute shall be ordered, installed, or utilized until the OWNER's review is complete, which will be evidenced by either a Change Order or completion of the Shop Drawing review procedure. The OWNER may require the CONTRACTOR to furnish at the CONTRACTOR's expense a special performance guarantee or other surety bond with respect to any"approved equal"or substitute. The OWNER shall not be responsible for any delay due to review time for any"approved equal"or substitute. 6.2.4.4 CONTRACTOR's Expense: All data to be provided by the CONTRACTOR in support of any proposed "approved equal"or substitute item will be at the CONTRACTOR's expense. 6.2.5 The CONTRACTOR agrees to assign to the OWNER any rights it may have to bring antitrust suits against its Suppliers for overcharges on materials incorporated in the Project growing out of illegal price fixing agreements. The CONTRACTOR further agrees to cooperate with the OWNER should the OWNER wish to prosecute suits against Suppliers for illegal price fixing. 6.3 Progress Schedule: Unless otherwise directed, the CONTRACTOR shall adhere to the progress schedule established in accordance with paragraph 2.6 as it may be adjusted from time to time as provided below: .1 The CONTRACTOR shall submit to Owner's Representative for acceptance proposed adjustments in the progress schedule that will not change the Contract Times or Milestones. Such adjustments will conform generally to the progress schedule then in effect. 00700 04-2020 Page 17 General Conditions .2 Proposed adjustments in the progress schedule that will change the Contract Times or Milestones shall be submitted in accordance with the requirements of Article 12. Such adjustments may only be made by a Change Order or Time Extension Request in accordance with Article 12. 6.4 Concerning Subcontractors, Suppliers and Others: 6.4.1 Assignment: The CONTRACTOR agrees to retain direct control of and give direct attention to the fulfillment of this Contract. The CONTRACTOR agrees not to. by Power of Attorney or otherwise,assign said Contract without the prior written consent of the OWNER. 6.4.2 Award of Subcontracts for Portions of the Work: The CONTRACTOR shall not employ any Subcontractor, Supplier or other person or organization, whether initially or as a substitute, against whom the OWNER may have reasonable objection. The CONTRACTOR must provide the OWNER with a list of all Subcontractors, Suppliers, or other persons or organizations it will use in the Work, and such list must be provided prior to the preconstruction conference. Should the OWNER have objections,the OWNER will communicate such objections by Written Notice. If the OWNER requires a change without good cause of any Subcontractor, person or organization previously accepted by OWNER,the Contract Amount may be increased or decreased by the difference in the cost occasioned by any such change, and an appropriate Change Order shall be issued. The CONTRACTOR shall not substitute any Subcontractor, person or organization that has been accepted by the OWNER, unless the substitute has been accepted in writing by the OWNER. No acceptance by the OWNER of any Subcontractor, Supplier or other person or organization shall constitute a waiver of any right of the OWNER to reject defective Work. 6.4.3 The CONTRACTOR shall enter into written agreements with all Subcontractors and Suppliers which specifically bind the Subcontractors or Suppliers to the applicable terms and conditions of the Contract Documents for the benefit of the OWNER and E/A. The OWNER reserves the right to specify that certain requirements shall be adhered to by all Subcontractors and Sub-subcontractors as indicated in other portions of the Contract Documents and these requirements shall be made a portion of the agreement between the CONTRACTOR and Subcontractor or Supplier. 6.4.4 The CONTRACTOR shall be fully responsible to the OWNER for all acts and omissions of the Subcontractors, Suppliers and other persons and organizations performing or furnishing any of the Work under a direct or indirect contract with the CONTRACTOR just as the CONTRACTOR is responsible for the CONTRACTOR's own acts and omissions. Nothing in the Contract Documents shall create for the benefit of any such Subcontractor, Supplier or other person or organization any contractual relationship between the OWNER and any such Subcontractor, Supplier or other person or organization, nor shall it create any obligation on the part of the OWNER or E/A to pay or to see to the payment of any amounts due any such Subcontractor, Supplier or other person or organization except as may otherwise be required by laws and regulations. 6.4.5 The CONTRACTOR shall be solely responsible for scheduling and coordinating the Work of Subcontractors, Suppliers and other persons and organizations performing or furnishing any of the Work under a direct or indirect contract with the CONTRACTOR. The CONTRACTOR shall require all Subcontractors, Suppliers and such other persons and organizations performing or furnishing any of the Work to communicate with Owner's Representative through the CONTRACTOR. 6.4.6 The divisions and sections of the Specifications and the identifications of any Drawings shall not control the CONTRACTOR in dividing or delineating the Work to be performed by any specific trade. 6.4.7 The CONTRACTOR shall pay each Subcontractor and Supplier their appropriate share of payments made to the CONTRACTOR not later than ten(10)Days after the CONTRACTOR's receipt of payment from the OWNER. 6.5 Patent Fees and Royalties: 6.5.1 The CONTRACTOR shall be responsible at all times for compliance with applicable patents or copyrights encompassing, in whole or in part, any design, device, material, or process utilized, directly or indirectly, in the performance of the Work or the formulation or presentation of its Bid. 00700 04-2020 Page 18 General Conditions 6.5.2 The CONTRACTOR shall pay all royalties and license fees and shall provide, prior to commencement of Work hereunder and at all times during the performance of same, for lawful use of any design, device, material or process covered by letters, patent or copyright by suitable legal agreement with the patentee, copyright holder, or their duly authorized representative whether or not a particular design, device, material, or process is specified by the OWNER. 6.5.3 The CONTRACTOR shall defend all suits or claims for infringement of any patent or copyright and shall indemnify and save the OWNER harmless from any and all claims,costs,losses,expenses and damages(including but not limited to attorney's fees and consultant fees), direct or indirect,arising with respect to the CONTRACTOR's process in the formulation of its bid or the performance of the Work or otherwise arising in connection therewith. The OWNER reserves the right to provide its own defense,with counsel of its own choosing,to any suit or claim of infringement of any patent or copyright in which event the CONTRACTOR shall indemnify and save harmless the OWNER from all costs and expenses of such defense as well as satisfaction of all judgments entered against the OWNER. 6.5.4 The OWNER shall have the right to stop the Work and/or terminate this Agreement at any time in the event the CONTRACTOR fails to disclose to the OWNER that the CONTRACTOR's work methodology includes the use of any infringing design, device, material or process. 6.6 Permits, Fees: Unless otherwise provided in the Supplemental General Conditions, the CONTRACTOR shall obtain and pay for all construction permits, licenses and fees required for prosecution of the Work. OWNER will obtain and pay for the following permits, licenses and/or fees, if required: .1 Site Development Permit. .2 Building Permit(s). .3 Texas Department of Transportation permit for work in State rights-of-way. .4 Railroad Utility License Agreement. 6.7 Laws and Regulations: 6.7.1 The CONTRACTOR shall give all notices and comply with all laws and regulations applicable to furnishing and performing the Work. Except where otherwise expressly required by applicable laws and regulations, neither the OWNER nor E/A shall be responsible for monitoring the CONTRACTOR's compliance with any laws and regulations. 6.7.2 The CONTRACTOR shall plan and execute its operations in compliance with all applicable Federal, State and local laws and regulations, including those concerning control and abatement of water pollution and prevention and control of air pollution. 6.7.3 If the CONTRACTOR performs any Work that it is contrary to laws or regulations,then the CONTRACTOR shall bear and shall indemnify, defend and hold OWNER harmless from all claims, costs, losses and damages arising therefrom; however, it shall not be the CONTRACTOR's primary responsibility to make certain that the Specifications and Drawings are in accordance with laws and regulations, but this does not relieve the CONTRACTOR of the CONTRACTOR's obligations under Article 3. 6.8 Taxes: 6.8.1 The CONTRACTOR shall pay all sales, consumer, use and other similar taxes required to be paid by the CONTRACTOR in accordance with the laws and regulations of the State of Texas. 00700 04-2020 Page 19 General Conditions 6.8.2 The OWNER is an exempt organization as defined by Chapter 11 of the Property Tax Code of Texas and is thereby exempt from payment of Sales Tax under Chapter 151, Limited Use Sales, Excise and Use Tax, Texas Tax Code, and Chapter 321, Texas Tax Code. 6.9 Use of Premises: 6.9.1 The CONTRACTOR shall confine construction equipment, the storage of materials and equipment and the operations of workers to the site and land and areas identified in and permitted by the Contract Documents and other land and areas permitted by laws and regulations, rights-of-way, permits and easements, and shall not unreasonably encumber the premises with construction equipment or other materials or equipment. The CONTRACTOR shall assume full responsibility for any damage to any such land or area, or to the owner or occupant thereof or of any adjacent land or areas, resulting from the performance of the Work. Should any claim be made by any such owner or occupant because of the performance of the Work, the CONTRACTOR shall promptly settle with such other party by negotiation or otherwise resolve the claim by dispute resolution proceeding or at law. The CONTRACTOR shall indemnify, defend and hold harmless the OWNER, E/A, E/A's consultants and anyone directly or indirectly employed by any of them from and against all claims, costs, losses and damages (including court costs and reasonable attorneys'fees) arising out of or resulting from any claim or action, legal or equitable, brought by any such owner or occupant against the OWNER, E/A or any other party indemnified hereunder to the extent caused by or based upon performance of the Work or failure to perform the Work. 6.9.2 During the progress of the Work and on a daily basis, the CONTRACTOR shall keep the premises free from accumulations of waste materials, rubbish and other debris resulting from the Work. At the completion of the Work, the CONTRACTOR shall remove all waste materials, rubbish and debris from and about the premises as well as all tools, appliances, construction equipment and machinery and surplus materials. The CONTRACTOR shall leave the site clean and ready for occupancy by the OWNER at Substantial Completion of the Work. The CONTRACTOR shall, at a minimum, restore to original condition all property not designated for alteration by the Contact Documents. 6.9.3 The CONTRACTOR shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall the CONTRACTOR subject any part of the Work or adjacent property to stresses or pressures that will endanger it. 6.10 Record Documents: The CONTRACTOR shall maintain in a safe place at the site, or other location acceptable to the OWNER, one (1) record copy of all Drawings,Specifications,Addenda, Change Orders,Change Directives, Field Orders and written interpretations and clarifications (issued pursuant to paragraph 9.5) in good order and annotated to show all changes made during construction. These record documents, together with all final samples and all final Shop Drawings,will be available to the OWNER and E/A for reference during performance of the Work. Upon Substantial Completion of the Work, these record documents, samples and Shop Drawings showing the final "as built" construction of the Project shall be promptly delivered to Owner's Representative. 6.11 Safety and Protection: 6.11.1 The CONTRACTOR shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work. Upon request,and prior to installation of measures,the CONTRACTOR shall submit a site security and safety plan for approval by the OWNER. By reviewing the plan or making recommendations or comments, the OWNER will not assume liability nor will the CONTRACTOR be relieved of liability for damage, injury or loss. The CONTRACTOR shall take all necessary precautions for the safety of and shall provide the necessary protection to prevent damage, injury or loss to: .1 all persons on the Work site or who may be affected by the Work; .2 all the Work and materials and equipment to be incorporated therein, whether in storage on or off the site; and 00700 04-2020 Page 20 General Conditions .3 other property at the site or adjacent thereto, including but not limited to, trees, shrubs, lawns, walks, pavements, roadways, structures, utilities and underground facilities not designated for removal, relocation or replacement in the course of construction. 6.11.2 The CONTRACTOR shall comply with all applicable laws and regulations of any public body having jurisdiction for safety of persons or property or to protect them from damage, injury or loss; and shall erect and maintain all necessary safeguards for such safety and protection. The CONTRACTOR shall notify owners of adjacent property and of underground facilities, and utility owners when prosecution of the Work may affect them, and shall cooperate with them in the protection, removal, relocation and replacement of their property. All damage, injury or loss to any property referred to in paragraph 6.11.1.2 and paragraph 6.11.1.3 caused, directly or indirectly, in whole or in part, by the CONTRACTOR, Subcontractor, Supplier or any person or organization directly or indirectly employed by any of them to perform or furnish any of the Work or anyone for whose acts any of them may be responsible, shall be remedied by the CONTRACTOR (except damage or loss attributable to the fault of Drawings or Specifications or to the acts or omissions of the OWNER, or E/A, or E/A's consultant or anyone employed by any of them or anyone for whose acts any of them may be responsible, and not attributable, directly or indirectly, in whole or in part, to the faults or negligence of the CONTRACTOR or any Subcontractor, Supplier or other person or organization directly or indirectly employed by any of them). The CONTRACTOR's duties and responsibilities for safety and protection of the Work shall continue until such time as all the Work is completed and Owner's Representative has issued a notice to the OWNER and the CONTRACTOR in accordance with Article 14 that the Work is acceptable(except as otherwise expressly provided in connection with Substantial Completion). 6.11.3 Safety Representative: The CONTRACTOR shall designate a qualified and experienced safety representative at the site whose duties and responsibilities shall be the prevention of accidents and the maintaining and supervising of safety precautions and programs. Upon request of the OWNER, the CONTRACTOR shall provide certifications or other documentation of the safety representative's qualifications. At a minimum,the safety representative shall have received the OSHA thirty (30) hour training and a certificate evidencing that the safety representative has received such training within the last five (5) years shall be provided to the OWNER's representative. 6.11.4 Hazard Communication Programs: The CONTRACTOR shall be responsible for coordinating any exchange of material safety data sheets or other hazard communication information required to be made available to or exchanged between or among employers at the site in accordance with laws and regulations. 6.11.5 Emergencies: 6.11.5.1 In emergencies affecting the safety or protection of persons or the Work at the site or adjacent thereto, the CONTRACTOR, without special instruction or authorization from the OWNER or E/A, is obligated to act reasonably to prevent threatened damage, injury or loss and to mitigate damage or loss to the Work. The CONTRACTOR shall give Owner's Representative prompt written notice if the CONTRACTOR believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby. If Owner's Representative determines that a change in the Contract Documents is required because of the action taken by the CONTRACTOR in response to such an emergency,a Change Directive or Change Order will be issued to document the consequences of such action; otherwise the OWNER will not be responsible for the CONTRACTOR's emergency action. 6.11.5.2 Authorized agents of the CONTRACTOR shall respond immediately to call-out at any time of any day or night when circumstances warrant the presence on Project site of the CONTRACTOR or its agent to protect the Work or adjacent property from damage, restriction or limitation or to take such action or measures pertaining to the Work as may be necessary to provide for the safety of the public. Should the CONTRACTOR and/or its agent fail to respond and take action to alleviate such an emergency situation, the OWNER may direct other forces to take action as necessary to remedy the emergency condition,and the OWNER will deduct any cost of such remedial action from the funds due to the CONTRACTOR under this Contract. 6.11.5.3 In the event there is an accident involving injury to any individual on or near the Work, the CONTRACTOR shall notify Owner's Representative within twenty-four (24) hours of the event and shall be responsible for recording the location of the event and the circumstances surrounding the event through 00700 04-2020 Page 21 General Conditions photographs, interviewing witnesses, obtaining medical reports and other documentation that describes the event. Copies of such documentation shall be provided to Owner's Representative, for the OWNER's and E/A's records, within forty-eight (48) hours of the event. 6.12 Continuing the Work: The CONTRACTOR shall carry on the Work and adhere to the progress schedule during all disputes or disagreements with the OWNER. No Work shall be delayed or postponed pending resolution of any disputes or disagreements, except as the OWNER and the CONTRACTOR may agree in writing. 6.13 CONTRACTOR's General Warranty and Guarantee: 6.13.1 The CONTRACTOR warrants and guarantees to the OWNER that all Work will be performed in a good and workmanlike manner in accordance with the Contract Documents and will not be defective. The CONTRACTOR's warranty and guarantee hereunder excludes defects or damage caused by: .1 abuse, modification or improper maintenance or operation by persons other than the CONTRACTOR, Subcontractors or Suppliers; or .2 normal wear and tear under normal usage. 6.13.2 The CONTRACTOR's obligation to perform and complete the Work in a good and workmanlike manner in accordance with the Contract Documents shall be absolute. None of the following will constitute acceptance of Work not in accordance with the Contract Documents or a release of the CONTRACTOR's obligation to perform the Work in accordance with the Contract Documents: .1 observations by Owner's Representative and/or E/A; .2 recommendation of any progress or final payment by Owner's Representative; .3 the issuance of a certificate of Substantial Completion or any payment by the OWNER to the CONTRACTOR under the Contract Documents; .4 use or occupancy of the Work or any part thereof by the OWNER, .5 any acceptance by the OWNER or any failure to do so; .6 any review of a Shop Drawing or sample submittal; .7 any inspection, test or approval by others; or .8 any correction of defective Work by the OWNER. .9 the failure of the OWNER, E/A or any other person or entity acting on behalf of the OWNER or E/A to observe, detect or discover any defect in the Work or any non-conformance of the Work with any requirement of the Contract Documents. CONTRACTOR hereby waives any claim or defense to any claim by the OWNER that any failure by the OWNER. E/A, or any other person or entity acting on behalf of the OWNER or E/A to observe, detect or discover any defect in the Work relieves or releases, in whole or in part, CONTRACTOR from any obligations or responsibility for the correction of such defects or any other obligation of CONTRACTOR under the Contract Documents. 6.14 Indemnification: 00700 04-2020 Page 22 General Conditions 6.14.1 TO THE FULLEST EXTENT PERMITTED BY LAW, AND IN ADDITION TO ANY OTHER OBLIGATIONS OF CONTRACTOR UNDER THE CONTRACT OR OTHERWISE, CONTRACTOR SHALL INDEMNIFY, DEFEND AND HOLD HARMLESS OWNER, ITS COUNCIL MEMBERS , EMPLOYEES, AGENTS, AND CONSULTANTS INCLUDING, BUT NOT LIMITED TO THE E/A (THE "INDEMNIFIED PARTIES" OR INDEMNIFIED PARTY", FROM AND AGAINST ALL CLAIMS, COSTS, LOSSES, AND DAMAGES (INCLUDING BUT NOT LIMITED TO ALL FEES AND CHARGES OF ENGINEERS, ARCHITECTS, ATTORNEYS, CONSULTANTS, EXPERTS AND OTHER PROFESSIONALS AND ALL COURT OR ARBITRATION OR OTHER DISPUTE RESOLUTION COSTS) ARISING OUT OF OR RELATING TO THE PERFORMANCE OF THE WORK, REGARDLESS OF WHETHER SUCH CLAIMS, COSTS, LOSSES, AND DAMAGES ARE CAUSED, IN WHOLE OR IN PARTY BY THE ACTS, ACTIONS, ERRORS OR OMISSIONS OF AN INDEMNIFIED PARTY. BECAUSE OWNER IS A MUNICIPALITY, THE TERMS AND PROVISIONS OF SUBCHAPTER C OF CHAPTER 151 OF THE TEXAS INSURANCE CODE ("CHAPTER 151") DOES NOT APPLY TO THE OWNER. IF, HOWEVER, ANY PROVISION OF CHAPTER 151 APPLIES TO THE OWNER, IT IS THE INTENT OF THE OWNER THAT IF THE PROVISIONS OF CHAPTER 151 DO APPLY, NOTHING HEREIN SHALL IMPOSE ANY REQUIREMENTS ON CONTRACTOR THAT ARE PROHIBITED BY CHAPTER 151 AND THAT ANY OF THE PROVISIONS HEREOF THAT ARE NOT PROHIBITED BY CHAPTER 151 SHALL REMAIN IN FULL FORCE AND EFFECT. ACCORDINGLY, IN THE EVENT THAT IN CONSTRUING AND INTERPRETING THE CONTRACT DOCUMENTS, A COURT OF COMPETENT JURISDICTION OR, IF APPLICABLE, AN ARBITRATOR, DETERMINES THAT CHAPTER 151 APPLIES TO THE OWNER, THEN THE COURT OR ARBITRATOR SHALL REFORM THE PROVISIONS HEREOF SO AS TO COMPLY WITH CHAPTER 151 AND SUCH REFORMATION SHALL NOT AFFECT THE VALIDITY OF ANY PROVISIONS HEREOF THAT ARE NOT PROHIBITED BY CHAPTER 151. 6.14.2 The indemnification obligation under paragraph 6.14.1 shall not be limited in any way by any limitation on the amount or type of damages, or compensation or benefits payable by or for the CONTRACTOR or any such Subcontractor, Supplier or other person or organization under workers'compensation acts, disability benefit acts or other employee benefit acts. 6.14.3 The obligations of the CONTRACTOR under paragraph 6.14.1 shall not extend to the liability of the OWNER, E/A, E/A's consultants, and their officers, directors, partners, employees or agents caused primarily by negligent preparation of maps, drawings, surveys, designs or specifications upon which is placed the applicable state-authorized design professional seal of the OWNER's, E/A's or E/A's consultant's officers, directors, partners, employees or agents. 6.14.4 In the event the CONTRACTOR fails to follow the OWNER's directives concerning use of the site, scheduling or course of construction, or engages in other conduct which proximately causes damage to property based on inverse condemnation or otherwise, then and in that event, the CONTRACTOR shall indemnify the OWNER against all costs resulting from such claims. 6.14.5 In the event the CONTRACTOR unreasonably delays progress of the work being done by others on the site so as to cause loss for which the OWNER becomes liable, then the CONTRACTOR shall reimburse the OWNER for such loss. 6.15 Survival of Obligations: All representations, indemnifications, warranties and guarantees made in, required by or given in accordance with the Contract Documents, as well as all continuing obligations indicated in the Contract Documents, will survive final payment, completion and acceptance of the Work and termination or completion of the Agreement. 6.16 Losses from Natural Causes: Unless otherwise specified, all loss or damage to the CONTRACTOR arising out of the nature of the Work to be done or from action of the elements,floods or from unforeseeable circumstances in prosecution of the Work or from 00700 04-2020 Page 23 General Conditions unusual obstructions or difficulties which may be encountered in prosecution of the Work, shall be sustained and borne by the CONTRACTOR at its own cost and expense. 6.17 Notice of Claim: Should the CONTRACTOR suffer injury or damage to person or property because of any error, omission or act of the OWNER or of any of the OWNER's employees or agents or others for whose acts the OWNER is liable, a Claim will be made to the other party within thirty (30) calendar days of the event giving rise to such injury or damage. The provisions of this paragraph 6.17 shall not be construed as a substitute for or a waiver of the provisions of any applicable statute of limitations, statute of repose, or any other provision of the Contract Documents. 6.18 Liquidated Damages: At set forth in the Agreement,paragraph 1.2,the CONTRACTOR or its Surety shall be liable for Liquidated Damages for the CONTRACTOR's failure to timely complete the Work or any portion thereof within the Contract Time. See Supplemental Conditions for amount of Liquidated Damages. ARTICLE 7 -OTHER WORK 7.1 The OWNER may perform other work related to the Project at the site by the OWNER's own forces. or let other contracts therefor, or have other work performed by utility owners. If the CONTRACTOR believes that delay or additional cost is involved because of such action by the OWNER, the CONTRACTOR may make a Claim as provided in Article 11 or Article 12. 7.2 The CONTRACTOR shall afford other contractors who are in a contract with the OWNER and each utility owner (and the OWNER, if the OWNER is performing the additional work with the OWNER's employees) proper and safe access to the site and a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such other work and shall properly connect and coordinate the Work with theirs. Unless otherwise provided in the Contract Documents, the CONTRACTOR shall do all cutting, fitting and patching of the Work that may be required to make its several parts come together properly and integrate with such other work. The CONTRACTOR shall not endanger any work of others by cutting, excavating or otherwise altering their work and will only cut or alter their work with the written consent of Owner's Representative and the other contractors whose work will be affected. The CONTRACTOR shall promptly remedy damage caused by the CONTRACTOR to completed or partially completed construction or to property of the OWNER or separate contractors. 7.3 If the proper execution or results of any part of the CONTRACTOR's Work depends upon work performed by others under this Article 7, the CONTRACTOR shall inspect such other work and promptly report to Owner's Representative in writing any delays, defects or deficiencies in such other work that render it unavailable or unsuitable for the proper execution and results of the CONTRACTOR's Work. The CONTRACTOR's failure to report will constitute an acceptance of such other work as fit and proper for integration with the CONTRACTOR's Work except for latent or non-apparent defects and deficiencies in such other work. 7.4 The OWNER shall provide for coordination of the activities of the OWNER's own forces and of each separate contractor with the Work of the CONTRACTOR, who shall cooperate with them. The CONTRACTOR shall participate with other separate contractors and Owner's Representative in reviewing their construction schedules when directed to do so. The CONTRACTOR shall make any revisions to the construction schedule deemed necessary after a joint review and mutual agreement. The construction schedules shall then constitute the schedules to be used by the CONTRACTOR, separate contractors and the OWNER until subsequently revised. 7.5 Unless otherwise stated herein, costs caused by delays or by improperly timed activities or defective construction shall be borne by the party responsible therefor. 7.6 If CONTRACTOR damages,delays,disrupts or interferes with the work of any other contractor, or any utility owner performing other work at or adjacent to the site of the Project, through CONTRACTOR's failure to take reasonable and customary measures to avoid such impacts, or if any claim arising out of CONTRACTOR's actions, 00700 04-2020 Page 24 General Conditions inactions or negligence in performance of the Work at or adjacent to the site of the Project is made by any such other contractor or utility owner against CONTRACTOR, OWNER, or E/A, then CONTRACTOR shall (1) promptly attempt to settle the claim as to all parties through negotiations with such other contractor or utility owner, or otherwise resolve the claim by arbitration or other dispute resolution proceeding or at law,and(2)INDEMNIFY AND HOLD HARMLESS THE INDEMNIFIED PARTIES, INCLUDING, BUT NOT LIMITED TO THE E/A FROM AND AGAINST ANY SUCH CLAIMS,AND AGAINST ALL COSTS,LOSSES,AND DAMAGES(INCLUDING BUT NOT LIMITED TO ALL FEES AND CHARGES OF ENGINEERS, ARCHITECTS, ATTORNEYS, AND OTHER PROFESSIONALS AND ALL COURT OR ARBITRATION OR OTHER DISPUTE RESOLUTION COSTS) ARISING OUT OF OR RELATING TO SUCH DAMAGE, DELAY, DISRUPTION, OR INTERFERENCE. ARTICLE 8-OWNER'S RESPONSIBILITIES 8.1 Prior to the start of construction, the OWNER will designate in writing a person or entity to act as Owner's Representative during construction. Except as otherwise provided in these General Conditions, the OWNER shall issue all communications to the CONTRACTOR through Owner's Representative. 8.2 The OWNER will not supervise, direct, control or have authority over or be responsible for the CONTRACTOR's means, methods,techniques,sequences or procedures of construction or the safety precautions and programs incident thereto. The OWNER is not responsible for any failure of the CONTRACTOR to comply with laws and regulations applicable to furnishing or performing the Work. The OWNER is not responsible for the CONTRACTOR's failure to perform or furnish the Work in accordance with the Contract Documents. Failure or omission of the OWNER to discover, or object to or condemn any defective Work or material shall not release the CONTRACTOR from the obligation to properly and fully perform the Contract. 8.3 The OWNER is not responsible for the acts or omissions of the CONTRACTOR, or of any Subcontractor, any Supplier, or of any other person or organization performing or furnishing any of the Work. 8.4 Information or services under the OWNER's control shall be furnished by the OWNER with reasonable promptness to avoid delay in the orderly progress of the Work. 8.5 The foregoing are in addition to other duties and responsibilities of the OWNER enumerated herein and especially those in respect to Article 4 (Availability of Lands; Subsurface and Physical Conditions; Reference Points), Article 7 (Other Work)and Article 14 (Payments to the CONTRACTOR and Completion). 8.6 Notice of Claim: Should the OWNER suffer injury or damage to person or property because of any error, omission or act of the CONTRACTOR or of any of the CONTRACTOR's employees or agents or others for whose acts the CONTRACTOR is liable, a notice of such injury or damage will be sent to the CONTRACTOR within thirty (30) calendar days of the event giving rise to such injury or damage. The provisions of this paragraph 8.6 shall not be construed as a substitute for or a waiver of the provisions of any applicable statute of limitations or statute of repose. 8.7 The OWNER is not responsible for the CONTRACTOR's failure to perform or furnish the Work in accordance with the Contract Documents. The failure or omission of the OWNER, E/A or any other person or entity acting on behalf of the OWNER or the E/A to observe,detect,discover, or object to or condemn any defective Work or material shall not release the CONTRACTOR from CONTRACTOR's obligation to properly and fully perform the Work pursuant to the Contract Documents. The OWNER shall not be responsible for the acts, errors or omissions of the CONTRACTOR, or any Subcontractor, Supplier or any other person or entity performing or furnishing any of the Work on behalf of the CONTRACTOR. ARTICLE 9-ENGINEER/ARCHITECT'S STATUS DURING CONSTRUCTION 9.1 E/A's Authority and Responsibilities: 9.1.1 The duties and responsibilities and the limitations of authority of E/A during construction are set forth in the Contract Documents and shall not be extended without written consent of the OWNER and E/A. The assignment 00700 04-2020 Page 25 General Conditions of any authority, duties or responsibilities to E/A under the Contract Documents, or under any agreement between the OWNER and E/A, or any undertaking, exercise or performance thereof by E/A, is intended to be for the sole and exclusive benefit of the OWNER and is not for the benefit of the CONTRACTOR, Subcontractor, Sub- subcontractor, Supplier, or any other person or organization, or for any surety or employee or agent of any of them. 9.1.2 E/A will not supervise, direct, control or have authority over or be responsible for the CONTRACTOR's means, methods, techniques, sequences or procedures of construction, or the safety precautions and programs incident thereto. E/A is not responsible for any failure of the CONTRACTOR to comply with laws and regulations applicable to the furnishing or performing the Work. E/A is not responsible for the CONTRACTOR's failure to perform or furnish the Work in accordance with the Contract Documents. Failure or omission of E/A to discover,or object to or condemn any defective Work or material shall not release the CONTRACTOR from the obligation to properly and fully perform the Work. 9.1.3 E/A is not responsible for the acts or omissions of the CONTRACTOR, or of any Subcontractor, any Supplier, or of any other person or organization performing or furnishing any of the Work. 9.1.4 If the OWNER so directs, E/A will review the final Application for Payment and accompanying documentation and all maintenance and operating instructions, schedules, guarantees, bonds and certificates of inspection,tests and approvals and other documentation required to be delivered by Article 14,but only to determine generally that their content complies with the requirements of, and in the case of certificates of inspections, tests and approvals that the results certified indicate compliance with, the Contract Documents. 9.1.5 The limitations upon authority and responsibility set forth in this paragraph 9.1 shall also apply to E/A's Consultants, Resident Project Representative and assistants. 9.2 E/A as Owner's Representative: 9.2.1 E/A may be designated as Owner's Representative under paragraph 8.1. 9.3 Visits to Site: If the OWNER so directs, E/A will make visits to the site at intervals appropriate to the various stages of construction as is necessary in order to observe as an experienced and qualified design professional the progress that has been made and the quality of the various aspects of the CONTRACTOR's executed Work. Based on information obtained during such visits and observations, E/A will endeavor for the benefit of the OWNER to determine if the Work is proceeding in accordance with the Contract Documents. E/A will not be required to make exhaustive or continuous on-site inspections to check the quality or quantity of the Work. E/A's efforts will be directed toward providing for the OWNER a greater degree of confidence that the completed Work will conform to the Contract Documents. On the basis of such visits and on-site observations, E/A will keep the OWNER informed of the progress of the Work and will endeavor to guard the OWNER against defective Work. E/A's visits and on-site observations are subject to all the limitations on E/A's authority and responsibility set forth in paragraph 9.1. 9.4 Project Representative: If the OWNER and E/A agree, E/A will furnish a Resident Project Representative to assist E/A in providing more continuous observation of the Work. The responsibilities and authority and limitations of any such Resident Project Representative and assistants will be as provided in paragraph 9.1 and in the Supplemental General Conditions. The OWNER may designate another representative or agent to represent the OWNER at the site who is not E/A, E/A's consultant, agent or employee. 9.5 Clarifications and Interpretations: E/A may determine that written clarifications or interpretations of the requirements of the Contract Documents (in the form of drawings or otherwise) are necessary. Such written clarifications or interpretations will be consistent with the intent of and reasonably inferable from the Contract Documents,will be issued with reasonable promptness by Owner's Representative and will be binding on the OWNER and the CONTRACTOR. If the OWNER or the 00700 04-2020 Page 26 General Conditions CONTRACTOR believes that a written clarification or interpretation justifies an adjustment in the Contract Amount or the Contract Times, the OWNER or the CONTRACTOR may make a Claim therefor as provided in Article 11 or Article 12. 9.6 Rejecting Defective Work: E/A may recommend that the OWNER disapprove or reject Work which E/A believes to be defective, or believes will not produce a completed Project that conforms to the Contract Documents or will prejudice the integrity of the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. ARTICLE 10-CHANGES IN THE WORK 10.1 Changes: 10.1.1 Without invalidating the Contract and without notice to any surety,the OWNER, at anytime or from time to time, may order additions, deletions or revisions in the Work. Such changes in the Work will be authorized by Change Order, Change Directive or Field Order. 10.1.2 Changes in the Work shall be performed under applicable provisions of the Contract Documents, and the CONTRACTOR shall proceed promptly, unless otherwise provided in the Change Order, Change Directive or Field Order. 10.1.3 The CONTRACTOR shall not be entitled to an increase in the Contract Amount or an extension of the Contract Times with respect to any Work performed that is not required by the Contract Documents as amended, modified and supplemented as provided in paragraph 3.3.1 and paragraph 3.3.2, except in the case of an emergency as provided in paragraph 6.11.5 or in the case of uncovering Work as provided in paragraph 13.4. 10.1.4 Except in the case of an emergency as provided in paragraph 6.11.5,a Change Order or Change Directive is required before the CONTRACTOR commences any activities associated with a change in the Work which, in the CONTRACTOR's opinion,will result in a change in the Contract Amount and/or Contract Times. 10.1.5 If notice of any change affecting the general scope of the Work or the provisions of the Contract Documents (including, but not limited to, Contract Amount or Contract Times) is required by the provisions of any Bond to be given to a surety, the giving of any such notice will be the CONTRACTOR's responsibility, and the amount of each applicable Bond will be adjusted accordingly. 10.2 Change Orders: 10.2.1 The OWNER and the CONTRACTOR shall execute appropriate written Change Orders covering: .1 a change in the Work; .2 the amount of the adjustment in the Contract Amount, if any; and .3 the extent of the adjustment in the Contract Time, if any. 10.2.2 An executed Change Order shall represent the complete, equitable, and final amount of adjustment in the Contract Amount and/or Contract Time owed to the CONTRACTOR or the OWNER as a result of the occurrence or event causing the change in the Work encompassed by the Change Order. 10.3 Change Directives: 10.3.1 The OWNER may by written Change Directive,without invalidating the Contract,order changes in the Work within the general scope of the Contract consisting of additions, deletions or other revisions, the Contract Amount 00700 04-2020 Page 27 General Conditions and Contract Time being adjusted as necessary. A Change Directive shall be used in the absence of complete and prompt agreement on the terms of a Change Order. 10.3.2 If the Change Directive provides for an adjustment to the Contract Amount, the adjustment shall be based on the method provided for in paragraph 11.5. 10.3.3 A Change Directive shall be recorded later by preparation and execution of an appropriate Change Order. 10.3.4 Upon receipt of a Change Directive, CONTRACTOR shall promptly proceed with the change in the Work involved. 10.4 Field Order: 10.4.1 Owner's Representative may authorize minor variations in the Work from the requirements of the Contract Documents which do not involve an adjustment in the Contract Amount or the Contract Times and are compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. These shall be accomplished by written Field Order and shall be binding on the OWNER and on the CONTRACTOR who shall perform the Work involved promptly. 10.4.2 If the CONTRACTOR believes that a Field Order would require an adjustment in the Contract Amount and/or Contract Times, the CONTRACTOR shall make written request to Owner's Representative for a Change Order. Any request by the CONTRACTOR for an adjustment in Contract Amount and/or Contract Times shall be made in writing prior to beginning the work covered by the Field Order. 10.5 No Damages for Delay: Except as otherwise provided in the Contract Documents, the CONTRACTOR shall receive no compensation for delays or hindrances to the Work. If delay is caused by specific orders given by the OWNER to stop Work for reasons for which the CONTRACTOR is not responsible, or such delay is not caused by active interference in the Work by OWNER for reasons for which the CONTRACTOR is not responsible, then such delay will entitle the CONTRACTOR only to an equivalent extension of time, the CONTRACTOR's application for which shall, however, be subject to approval of the OWNER. No such extension of time shall release the CONTRACTOR or surety on its performance bond from all the CONTRACTOR's obligations hereunder which shall remain in full force until discharge of the Contract. ARTICLE 11 - CHANGE OF CONTRACT AMOUNT 11.1 The Contract Amount is stated in the Agreement and, including authorized adjustments, is the total amount payable by the OWNER to the CONTRACTOR for performance of the Work under the Contract Documents. 11.2 The original Contract Amount may not be increased by more than twenty-five percent(25%)and it may not be decreased more than twenty-five percent(25%)without the consent of the CONTRACTOR to such decrease. 11.3 The Contract Amount shall only be changed by a Change Order. Any claim for an adjustment in the Contract Amount shall be made by Written Notice delivered by the party making the Claim to the other party promptly (but in no event later than thirty(30)calendar days)after the start of the occurrence or event giving rise to the Claim and stating the general nature of the Claim. Notice of the amount of the Claim with supporting data shall be delivered within thirty (30)calendar days after Written Notice of Claim is delivered by claimant, and shall represent that the adjustment claimed covers all known amounts to which claimant is entitled as a result of said occurrence or event. If the OWNER and the CONTRACTOR cannot otherwise agree. all Claims for adjustment in the Contract Amount shall be determined as set out in Article 16. 11.4 Determination of Value of Work: 00700 04-2020 Page 28 General Conditions 11.4.1 The value of any Work covered by a Change Order or of any Claim for an adjustment in the Contract Amount will be determined by one or more of the following methods: .1 by application of unit prices contained in the Contract Documents to the quantities of the items involved. .2 by a mutually agreed lump sum properly itemized and supported by sufficient substantiating data to permit evaluation. .3 by cost of Work plus the CONTRACTOR's fee for all overhead costs and profit(determined as provided in paragraph 11.5). 11.4.2 Before using the method described in paragraph 11.4.1.3, the OWNER and the CONTRACTOR agree to negotiate a Change Order using the methods identified in paragraph 11.4.1.1 and paragraph 11.4.1.2, as appropriate,to determine the adjustment in the Contract Amount. 11.5 Cost of Work: If neither of the methods defined in paragraph 11.4.1.1 or paragraph 11.4.1.2 can be agreed upon before a change in the Work is commenced which will result in an adjustment in the Contract Amount, the OWNER may issue a Change Directive to the CONTRACTOR. If the OWNER elects to issue a Change Directive, CONTRACTOR shall perform the Changed Work and payment will be made as follows: .1 For all personnel, the CONTRACTOR will receive the rate or wage specified in the prevailing wage rates established in Section 00900 for each hour that said personnel are actually engaged in such Work, to which will be added an amount equal to twenty-five percent (25%) of the sum thereof as compensation for the CONTRACTOR's and any affected Subcontractor's total overhead and profit. No separate charge will be made by the CONTRACTOR for organization or overhead expenses. For the cost of premiums on public liability insurance, workers' compensation insurance, social security and unemployment insurance, an amount equal to fifty-five percent (55%) of the wages paid personnel, excluding the twenty-five(25%)compensation provided above,will be paid to the CONTRACTOR. The actual cost of the CONTRACTOR's bond(s) on the extra Work will be paid based on invoices from surety. No charge for superintendence will be made unless considered necessary and ordered by the OWNER. .2 The CONTRACTOR will receive the actual cost, including freight charges, of the materials used on such Work, to which costs will be added a sum equal to twenty-five percent (25%) thereof as compensation for the CONTRACTOR's and any affected Subcontractor's total overhead and profit. In case material invoices indicate a discount may be taken,the actual cost will be the invoice price minus the discount. .3 For machinery,trucks, power tools, or other similar equipment agreed to be necessary by the OWNER and the CONTRACTOR, the OWNER will allow the CONTRACTOR the rate as given in the latest edition of the Associated General Contractors of America "Contractor's Equipment Cost Guide" as published by Dataquest for each hour that said tools or equipment are in use on such work,which rate includes the cost of fuel, lubricants and repairs. No additional compensation will be allowed on the equipment for the CONTRACTOR's overhead and profit. .4 The compensation, as herein provided for, shall be received by the CONTRACTOR and any affected Subcontractor as payment in full for work done by Change Directive and will include use of small tools, and total overhead expense and profit. The CONTRACTOR and the Owner's Representative shall compare records of work done by Change Directive at the end of each day. Copies of these records will be made upon forms provided for this purpose by the OWNER and signed by both Owner's Representative and the CONTRACTOR, with one(1) copy being retained by the OWNER and one (1) by the CONTRACTOR. Refusal by the CONTRACTOR to sign these records within two (2) working days of presentation does not invalidate the accuracy of the record. 00700 04-2020 Page 29 General Conditions 11.6 Unit Price Work: 11.6.1 Where the Contract Documents provide that all or part of the Work is to be unit price Work, initially the Contract Amount will be deemed to include for all unit price work an amount equal to the sum of the established unit price for each separately identified item of unit price work times the estimated quantity of each item as indicated in the Bid. The estimated quantities of items of unit price work are not guaranteed and are solely for the purpose of comparison of Bids and determining an initial Contract Amount. Determinations of the actual quantities and classifications of unit price work performed by the CONTRACTOR will be made by Owner's Representative. Owner's Representative will review with the CONTRACTOR the preliminary determinations on such matters before rendering a written decision thereon (by recommendation of an Application for Payment or otherwise). 11.6.2 When "plan quantity" is indicated for a bid item, the CONTRACTOR shall be paid the amount specified in the Contract Documents without any measurements. 11.6.3 Each unit price will be deemed to include an amount considered by the CONTRACTOR to be adequate to cover the CONTRACTOR's overhead and profit for each separately identified item. 11.6.4 A Major Item is any individual bid item in the Bid that has a total cost equal to or greater than five percent (5%) of the original Contract Amount or $50,000, whichever is greater, computed on the basis of bid quantities and Contract unit prices. 11.6.5 The OWNER or the CONTRACTOR may make a Claim for an adjustment in the Contract Amount in accordance with Article 11 if: .1 the actual quantity of any Major Item should become as much as twenty percent (20%) more than or twenty percent (20%) less than in the Bid; or .2 The CONTRACTOR presents proper documentation contesting the accuracy of "plan quantity," and Owner's Representative verifies quantity and determines original quantity is in error by five percent (5%) or more. 11.6.6 Right to Verify Information: The CONTRACTOR agrees that any designated representative of the OWNER shall have the right to examine the CONTRACTOR's records to verify the accuracy and appropriateness of the pricing data used to price change proposals. Even after a Change Order Proposal has been approved, the CONTRACTOR agrees that if the OWNER later determines the cost and pricing data submitted was inaccurate, incomplete, not current or not in compliance with the terms of this Agreement regarding pricing of change orders, then an appropriate contract price reduction will be made. 11.6.7 Pricing Information Requirements: The CONTRACTOR agrees to provide and require all subcontractors to provide a breakdown of allowable labor and labor burden cost information as outlined herein. This information will be used to evaluate the potential cost of labor and labor burden related to change order work. It is intended that this information represent an accurate estimate of the CONTRACTOR's actual labor and labor burden cost components. This information is not intended to establish fixed billing or change order pricing labor rates. However, at the time change orders are priced the submitted cost data for labor rates may be used to price change order work. The accuracy of any such agreed-upon labor cost components used to price change orders will be subject to later audit. Approved change order amounts may be adjusted later to correct the impact of inaccurate labor cost components if the agreed-upon labor cost components are determined to be inaccurate. ARTICLE 12 -CHANGE OF CONTRACT TIMES 12.1 Working Day and Calendar Day Contracts: 12.1.1 The Contract Times (or Milestones) shall only be changed by Change Order or Time Extension Request duly executed by both the CONTRACTOR and Owner's Representative. Any claim for an adjustment of the Contract Times(or Milestones)shall be made by Written Notice delivered by the party making the Claim to the other 00700 04-2020 Page 30 General Conditions party promptly(but in no event later than thirty(30)calendar days)after the start of the occurrence or event giving rise to the delay and stating the general nature of the delay. Notice of the extent of the delay with supporting data shall be delivered within thirty (30) calendar days after Written Notice of Claim is delivered by claimant, and shall represent that the adjustment claimed is the entire adjustment to which claimant is entitled as a result of said occurrence or event. If the OWNER and the CONTRACTOR cannot otherwise agree, all Claims for adjustment in the Contract Times (or Milestones) shall be determined as set out in Article 16. No Claim for an adjustment in the Contract Times(or Milestones)will be valid if not submitted in accordance with the requirements of this paragraph. 12.1.2 When the CONTRACTOR is at fault and the OWNER stops the Work so that corrections in the Work can be made by the CONTRACTOR, then no extension in time will be allowed. 12.1.3 When the CONTRACTOR is prevented from completing any part of the Work within the Contract Times(or Milestones)due to delay for which the CONTRACTOR is not responsible, an extension of the Contract Times (or Milestones)in an amount equal to the time lost due to such delay will be considered by OWNER. Any extension of the Contract Time shall be the CONTRACTOR's sole and exclusive remedy for such delay. However, adverse weather shall not be considered justification for extension of Contract Times on Calendar Day contracts, except as provided for in paragraph 12.2. 12.1.4 The OWNER will consider time extension requests and may grant the CONTRACTOR an extension of time because of: .1 Changes ordered in the Work which justify additional time. .2 Failure of materials or products being at the Project site due to delays in transportation or failures of Suppliers,for which the CONTRACTOR,a Subcontractor or a Supplier is not responsible. The request for an extension of time shall be supported by a recitation of acts demonstrating that such delays were beyond the control of the CONTRACTOR, a Subcontractor or a Supplier including but not limited to, the CONTRACTOR's, the Subcontractor's or the Supplier's efforts to overcome such delays documented as follows: a) Copy of purchase order for delayed item(s) indicating date ordered by the CONTRACTOR/Subcontractor and date purchase order received by Supplier. b) If item(s) require Shop Drawings or other submittal information in accordance with the Contract Documents, provide record of date submittal(s) forwarded to Owner's Representative, date submittal(s)returned to the CONTRACTOR, and date submittal(s)forwarded to Supplier. c) Copy of document(s)from Supplier, on Supplier's letterhead, indicating date(s) item(s) would be ready for shipment and/or actual shipment date(s). d) Copies of all correspondence between the CONTRACTOR/Subcontractor and Supplier indicating the CONTRACTOR/Subcontractor's efforts to expedite item(s). e) If item(s) are being purchased by a Subcontractor, provision of meeting notes, correspondence, and the like which reflect the CONTRACTOR's efforts with the Subcontractor to expedite delivery of the item(s). .3 When acts of the OWNER, E/A, utility owners or other contractors employed by the OWNER delay progress of work through no fault of the CONTRACTOR. .4 When the CONTRACTOR is delayed by strikes, lockouts, fires, losses from natural causes, or other unavoidable cause or causes beyond the CONTRACTOR's control. 12.2 Calendar Day Contracts: 00700 04-2020 Page 31 General Conditions Under a Calendar Day Contract,the CONTRACTOR may also be granted an extension of time because of unusual inclement weather that is beyond the normal weather expected for the Williamson and Travis Counties,Texas area. Normal weather which prevents the CONTRACTOR from performing Work is expected during a Calendar Day Contract, and is not a justification for an extension of time. The following delineates the number of days per month for which,for purposes of Calendar Day Contracts, expected normal weather will prevent performance of Work: January.......................... 7 days February........................ 7 days March............................. 7 days April............................... 7 days May................................ 8 days June................................ 6 days July................................. 6 days August........................... 5 days September..................... 7 days October.......................... 7 days November..................... 7 days December...................... 7 days Days per month exceeding the number shown above may be credited as Rain Days if a Claim is made in accordance with paragraph 12.1.1 and meets the following definition: a"Rain Day"is any day in which a weather event occurs at the site and is sufficient to prevent the CONTRACTOR from performing units of Work critical to maintaining the project schedule during the entire day. ARTICLE 13-TESTS AND INSPECTIONS; AND CORRECTION OR REMOVAL OF DEFECTIVE WORK 13.1 Notice of Defects: Prompt notice of all defective Work of which the OWNER or E/A has actual knowledge will be given to the CONTRACTOR. All defective Work may be rejected or corrected as provided for in Article 13. 13.2 Access to Work: The OWNER, E/A, E/A's Consultants, other representatives and personnel of the OWNER, independent testing laboratories and governmental agencies having jurisdiction will have unrestricted physical access to the Work site for observing, inspecting and testing. The CONTRACTOR shall provide them proper and safe conditions for such access, and advise them of the CONTRACTOR's site safety procedures and programs so that they may comply therewith as applicable. 13.3 Tests and Inspections: 13.3.1 The CONTRACTOR shall give timely notice of readiness of the Work for all required inspections, tests or approvals, and shall cooperate with inspection and testing personnel to facilitate required inspections or tests. 13.3.2 The OWNER shall employ and pay for services of an independent testing laboratory to perform all inspections, tests or approvals required by the Contract Documents except: .1 for inspections, tests or approvals covered by paragraph 13.3.3 below; .2 for reinspecting or retesting defective Work; and .3 as otherwise specifically provided in the Contract Documents. All testing laboratories shall be those selected by the OWNER. 00700 04-2020 Page 32 General Conditions 13.3.3 If laws or regulations of any public body having jurisdiction require any Work(or part thereof)specifically to be inspected, tested or approved by an employee or other representative of such public body,the CONTRACTOR shall assume full responsibility for arranging and obtaining such inspections, tests or approvals, pay all costs in connection therewith and furnish Owner's Representative the required certificates of inspection or approval. The CONTRACTOR shall also be responsible for arranging and obtaining and shall pay all costs in connection with any inspections, tests or approvals required for the OWNER's and E/A's review of materials or equipment to be incorporated in the Work, or of materials, mix designs or equipment submitted for review prior to the CONTRACTOR's purchase thereof for incorporation in the Work. 13.4 Uncovering Work: 13.4.1 If any Work (or the work of others) that is to be inspected, tested or approved is covered by the CONTRACTOR without concurrence of Owner's Representative, or if any Work is covered contrary to the written request of Owner's Representative, it must, if requested by Owner's Representative, be uncovered and recovered at the CONTRACTOR's expense. 13.4.2 If Owner's Representative considers it necessary or advisable that covered Work be observed, inspected or tested, the CONTRACTOR shall uncover, expose or otherwise make available for observation, inspection or testing that portion of the Work in question, furnishing all necessary labor, material and equipment. If it is found that such Work is defective,the CONTRACTOR shall pay all claims, costs, losses and damages caused by, arising out of or resulting from such uncovering, exposure, observation, inspection and testing and of satisfactory replacement or reconstruction (including but not limited to all costs of repair or replacement of work of others); and the OWNER shall be entitled to an appropriate decrease in the Contract Amount, and may make a Claim therefor as provided in Article 11. If, however, such Work is not found to be defective, the CONTRACTOR shall be allowed an increase in the Contract Amount or an extension of the Contract Times (or Milestones), or both, directly attributable to such uncovering, exposure, observation, inspection, testing, replacement and reconstruction; and the CONTRACTOR may make a Claim therefor as provided in Article 11 and Article 12. 13.5 OWNER May Stop the Work: 13.5.1 If the Work is defective,or the CONTRACTOR fails to supply sufficient skilled workers or suitable materials or equipment, or fails to furnish or perform the Work in such a way that the completed Work will conform to the Contract Documents,the OWNER may order the CONTRACTOR to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, this right of the OWNER to stop the Work shall not give rise to any duty on the part of the OWNER to exercise this right for the benefit of the CONTRACTOR or any surety or other party. 13.5.2 If the CONTRACTOR fails to correct defective Work or submit a satisfactory plan to take corrective action, with procedure and time schedule, the OWNER may order the CONTRACTOR to stop the Work, or any portion thereof, until cause for such order has been eliminated,or take any other action permitted by this Contract. A notice to stop the Work, based on defects, shall not stop calendar or working days charged to the Project. 00700 04-2020 Page 33 General Conditions 13.6 Correction or Removal of Defective Work: If required by the OWNER,the CONTRACTOR shall promptly,as directed,either correct all defective Work,whether or not fabricated, installed or completed, or, if the Work has been rejected by Owner's Representative, remove it from the site and replace it with Work that is not defective.The CONTRACTOR shall correct or remove and replace defective Work, or submit a plan of action detailing how the deficiency will be corrected, within the time frame identified in the notice of defective Work. The CONTRACTOR shall pay all claims, costs, losses and damages caused by or resulting from such correction or removal(including but not limited to all costs of repair or replacement of work of others), including but not limited to all consultant, engineering, expert and attorney's fees incurred by the OWNER as a result of such defective work or as necessary for OWNER to investigate such defective Work and/or to determine the appropriate means or methods to address or correct such defective Work. The OWNER shall have the right, in OWNER's sole discretion, to have the E/A or other consultant specify the means and methods that will be followed to correct or address any defective Work. If the OWNER specifies a means or method by which the defective Work will be addressed or corrected, the CONTRACTOR shall perform the specified work necessary to address or correct the defective Work at CONTRACTOR's sole cost and expense. 13.7 Warranty period: 13.7.1 If, at any time after the date of Substantial Completion or such longer period of time as may be prescribed by laws or regulations or by the terms of any applicable special guarantee required by the Contract Documents or by any specific provision of the Contract Documents, any Work is found to be defective, the CONTRACTOR shall promptly, without cost to the OWNER and in accordance with the OWNER's written instructions: (i) correct such defective Work, or, if it has been rejected by the OWNER, remove it from the site and replace it with Work that is not defective,and (ii) satisfactorily correct or remove and replace any damage to other Work or the work of others resulting therefrom. If the CONTRACTOR does not promptly comply with the terms of such instructions, or in an emergency where delay would cause serious risk of loss or damage, the OWNER may have the defective Work corrected or the rejected Work removed and replaced, and all claims, costs, losses and damages caused by or resulting from such removal and replacement (including but not limited to all costs of repair or replacement of work of others and all consultant, expert and attorney's fees incurred by OWNER)will be paid by the CONTRACTOR. 13.7.2 In special circumstances where a particular item of equipment is placed in continuous service before Substantial Completion of all the Work, the warranty period for that item may start to run from an earlier date if so provided in the Contract Documents and agreed to by OWNER. 13.8 OWNER May Correct Defective Work: If the CONTRACTOR fails within a reasonable time after Written Notice of the OWNER to correct defective Work, or to remove and replace rejected Work, or if the CONTRACTOR fails to perform the Work in accordance with the Contract Documents, or if the CONTRACTOR fails to comply with any other provision of the Contract Documents, the OWNER may, after seven (7) calendar days' Written Notice to the CONTRACTOR, correct and remedy any such deficiency. If, in the opinion of Owner's Representative, significant progress has not been made during this seven(7)calendar day period to correct the deficiency,the OWNER may exercise any actions necessary to remedy the deficiency. In exercising the rights and remedies under this paragraph,the OWNER shall proceed expeditiously. In connection with such corrective and remedial action, the OWNER may exclude the CONTRACTOR from all or part of the site, take possession of all or part of the Work, and suspend the CONTRACTOR's services related thereto, and incorporate in the Work all materials and equipment stored at the site or for which the OWNER has paid the CONTRACTOR but which are stored elsewhere. The CONTRACTOR shall allow the OWNER, its agents and employees,the OWNER's other contractors, E/A and E/A's consultants access to the site to enable the OWNER to exercise the rights and remedies under this paragraph. All claims, costs, losses and damages incurred or sustained by the OWNER in exercising such rights and remedies will be charged against the CONTRACTOR and a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the 00700 04-2020 Page 34 General Conditions Work. Such claims, costs, losses and damages will include but not be limited to all costs of repair or replacement of work of others destroyed or damaged by correction, removal or replacement of the CONTRACTOR's defective Work and any and all consultant,expert and attorneys fees incurred by OWNER as a result of OWNER's correction of defective WORK. The CONTRACTOR shall not be allowed an extension of the Contract Times (or Milestones), or claims of damage because of any delay in the performance of the Work attributable to the exercise by the OWNER of the OWNER's rights and remedies hereunder. 13.9 ACCEPTANCE OF DEFECTIVE WORK If, instead of requiring correction or removal and replacement of defective Work, OWNER prefers to accept it, OWNER may do so. CONTRACTOR shall pay all claims, costs, losses, and damages attributable to OWNER's evaluation of and determination to accept such defective Work, including but not limited to any expert, engineering or other consultant's fees incurred by the OWNER to investigate such defective Work and/or to determine the appropriate means or methods and work necessary to allow OWNER to accept the defective Work and CONTRACTOR shall pay for all work required to be performed to allow OWNER to accept the defective Work and any estimated costs, expenses and damages OWNER may sustain in the future as a result of accepting the defective Work, including any diminution in value of the Project as a result of accepting the defective Work. If any such acceptance occurs prior to final payment, the necessary revisions in the Contract Documents with respect to the Work shall be incorporated in a Change Order. If the parties are unable to agree as to the decrease in the Contract Price, then OWNER may impose a reasonable set-off against payments due under the Contract Documents. If the acceptance of defective Work occurs after final payment, CONTRACTOR shall pay to OWNER the above described costs, expenses and damages incurred by OWNER as a result of OWNER's acceptance of defective Work. ARTICLE 14-PAYMENTS TO CONTRACTOR AND COMPLETION 14.1 Application for Progress Payment: 14.1.1 Not more than once per month, the CONTRACTOR shall submit to Owner's Representative for review an Application for Payment, in a form acceptable to the OWNER,filled out and signed by the CONTRACTOR covering the Work completed as of the date of the Application and accompanied by such supporting documentation as is required by the Contract Documents or as required by OWNER. 14.1.2 Such applications shall not include requests for payment on account of changes in the Work which have been properly authorized by Change Directives but not yet included in Change Orders. 14.1.3 Such applications shall not include requests for payment of amounts the CONTRACTOR does not intend to pay to a Subcontractor or Supplier because of a dispute or other reason. 14.1.4 Owner will not pay for materials or equipment not incorporated in the Work but delivered and suitably stored at the site or at another location. Payment will be made by Owner only for Work completed in accordance with the Contract Documents. 14.1.5 Where the original Contract Amount is less than $400,000, the OWNER will pay to the CONTRACTOR the total amount of approved Application for Payment, less ten percent(10%)of the amount thereof,which ten percent (10%)will be retained until final payment, less all previous payments and less all sums that may be retained by the OWNER under the terms of this Agreement. Where the original Contract Amount is$400,000 or more,the OWNER will pay to the CONTRACTOR the total amount of approved Application for Payment, less five percent(5%)of the amount thereof, which five percent(5%)will be retained until final payment, less all previous payments and less all sums that may be retained by the OWNER under the terms of this Agreement. In either case, if the Work is near completion and delay occurs due to no fault or neglect of the CONTRACTOR, the OWNER may pay a portion of the retained amount to the CONTRACTOR. The CONTRACTOR, at the OWNER's option, may be relieved of the obligation to complete the Work and, thereupon, the CONTRACTOR shall receive payment of the balance due under the Contract subject to the conditions stated under paragraph 15.2. 00700 04-2020 Page 35 General Conditions 14.1.6 Applications for Payment shall include the following documentation: .1 updated progress schedule; .2 monthly subcontractor report, and .3 any other documentation required under the Supplemental General Conditions. 14.2 CONTRACTOR's Warranty of Title: The CONTRACTOR warrants and guarantees that title to all Work, materials and equipment covered by any Application for Payment, whether incorporated in the Project or not, will pass to the OWNER not later than the time of payment to the CONTRACTOR free and clear of all liens. 14.3 Review of Applications for Progress Payment: 14.3.1 Owner's Representative will, within seven (7) calendar days after receipt of each Application for Payment, either indicate a recommendation for payment and forward the Application for processing by the OWNER, or return the Application to the CONTRACTOR indicating Owner's Representative's reasons for refusing to recommend payment. In the latter case,the CONTRACTOR may make the necessary corrections and resubmit the Application. 14.3.2 Owner's Representative's recommendation of any payment requested in an Application for Payment will constitute a representation by Owner's Representative, based upon Owner's Representative's on-site observations of the executed Work and on Owner's Representative's review of the Application for Payment and the accompanying data and schedules, that to the best of Owner's Representative's knowledge. information and belief: .1 the Work has progressed to the point indicated; and .2 the quality of the Work is in accordance with the Contract Documents (subject to an evaluation of the Work as a functioning whole prior to or upon Substantial Completion, to the results of any subsequent tests called for in the Contract Documents, to a final determination of quantities and classifications for unit price Work, and to any other qualifications stated in the recommendation). 14.3.3 By recommending any such payment, Owner's Representative will not thereby be deemed to have represented that: .1 inspections have been made to check the quality or the quantity of the Work or that the Work has been performed in accordance with the Contract Documents; .2 examination has been made to ascertain how or for what purpose the CONTRACTOR has used money previously paid on account of the Contract Amount, .3 the CONTRACTOR's construction means, methods, techniques, sequences or procedures have been reviewed; or .4 that there may not be other matters or issues between the parties that might entitle the CONTRACTOR to be paid additionally by the OWNER or entitle the OWNER to withhold payment to the CONTRACTOR. 14.4 Decisions to Withhold Payment: 14.4.1 The OWNER may withhold or nullify the whole or part of any payment to such extent as may be necessary on account of: .1 defective Work not remedied; 00700 04-2020 Page 36 General Conditions .2 reasonable evidence that the Work cannot be completed for the unpaid balance of the Contract Amount; .3 damage to the OWNER or another contractor; .4 reasonable evidence that the Work will not be completed within the Contract Time,and that the unpaid balance would not be adequate to cover actual or liquidated damages for the anticipated delay; .5 failure of the CONTRACTOR to submit a schedule of values in accordance with the Contract Documents; .6 failure of the CONTRACTOR to submit a submittal schedule in accordance with the Contract Documents; .7 failure of the CONTRACTOR to submit or update construction schedules in accordance with the Contract Documents; .8 failure of the CONTRACTOR to maintain a record of changes on drawings and documents; .9 failure of the CONTRACTOR to maintain weekly payroll reports; .10 failure of the CONTRACTOR to submit monthly subcontractor reports; .11 the CONTRACTOR's neglect or unsatisfactory prosecution of the Work, including failure to clean up; or .12 failure of the CONTRACTOR to comply with any provision of the Contract Documents. .13 OWNER's disagreement with the recommendation of the Owner's Representative, provided the OWNER has provided a Written Notice to the CONTRACTOR specifying the reasons why OWNER does not agree with such recommendation. 14.4.2 When the above reasons for withholding payment are removed, the CONTRACTOR shall resubmit a statement for the value of Work performed. Payment will be made within thirty (30) calendar days of receipt of approved Application for Payment. 14.5 Delayed Payments: Should the OWNER fail to make payment to the CONTRACTOR of a sum named in any Application for Payment with which OWNER agrees and has approved for payment within thirty (30)calendar days after the day on which the OWNER received the mutually acceptable Application for Payment, then the OWNER will pay to the CONTRACTOR, in addition to the sum shown as due by such Application for Payment, interest thereon at the rate of one percent (1%) per month from date due until fully paid, which shall fully liquidate any injury to the CONTRACTOR growing out of such delay in payment. 14.6 Arrears: No money shall be paid by the OWNER upon any claim, debt, demand or account whatsoever,to any person,firm or corporation who is in arrears to the OWNER;and the OWNER shall be entitled to counterclaim and offset against any such debt, claim, demand or account so in arrears and no assignment or transfer of such debt, claim, demand or account, shall affect the right of the OWNER to so offset said amounts, and associated penalties and interest if applicable, against the same. 00700 04-2020 Page 37 General Conditions 14.7 Substantial Completion: 14.7.1 If a Certificate of Occupancy is required by public authorities having jurisdiction over the Work, said certificate shall be issued before the Work or any portion thereof is considered substantially complete. When the CONTRACTOR considers that the Work, or a portion thereof which the OWNER agrees to accept separately, is substantially complete, the CONTRACTOR shall notify Owner's Representative and request a determination as to whether the Work or designated portion thereof is substantially complete. If Owner's Representative does not consider the Work substantially complete, Owner's Representative will notify the CONTRACTOR giving reasons therefor. Failure on the OWNER's part to list a reason does not alter the responsibility of the CONTRACTOR to complete all Work in accordance with the Contract Documents. After satisfactorily completing items identified by Owner's Representative, the CONTRACTOR shall then submit another request for Owner's Representative to determine substantial completion. If Owner's Representative considers the Work substantially complete, Owner's Representative will prepare and deliver a certificate of Substantial Completion which shall establish the date of Substantial Completion, shall include a punch list of items to be completed or corrected before final payment, shall establish the time within which the CONTRACTOR shall finish the punch list, and shall establish responsibilities of the OWNER and the CONTRACTOR for security, maintenance, heat, utilities, damage to the Work, warranty and insurance. Failure to include an item on the punch list does not alter the responsibility of the CONTRACTOR to complete all Work in accordance with the Contract Documents. The certificate of Substantial Completion shall be signed by the OWNER and the CONTRACTOR to evidence acceptance of the responsibilities assigned to them in such certificate. 14.7.2 The OWNER shall have the right to exclude the CONTRACTOR from the Work after the date of Substantial Completion, but the OWNER will allow the CONTRACTOR reasonable access to complete or correct items on the punch list. 14.8 Partial Utilization: The OWNER, at the OWNER's sole option, shall have the right to take possession of and use any completed or partially completed portion of the Work regardless of the time for completing the entire Work. The OWNER's exercise of such use and possession shall not be construed to mean that the OWNER acknowledges that any part of the Work so possessed and used is substantially complete or that it is accepted by OWNER, and the OWNER's exercise of such use and possession shall not relieve the CONTRACTOR of its responsibility to complete all Work in accordance with the Contract Documents. 14.9 Final Inspection: Upon Written Notice from the CONTRACTOR that the entire Work or an agreed portion thereof is complete,Owner's Representative will make a final inspection with the CONTRACTOR and provide Written Notice of all particulars in which this inspection reveals that the Work is incomplete or defective. The CONTRACTOR shall immediately take such measures as are necessary to complete such Work or remedy such deficiencies. 14.10 Final Application for Payment: The CONTRACTOR may make application for final payment following the procedure for progress payments after the CONTRACTOR has completed all such corrections to the satisfaction of Owner's Representative and delivered the following documents.- .1 ocuments:.1 Three (3)complete operating and maintenance manuals, each containing maintenance and operating instructions, schedules, guarantees, and other documentation required by the Contract Documents; .2 Record documents(as provided in paragraph 6.10); .3 Consent of surety, if any, to final payment. If surety is not provided, complete and legally effective releases or waivers (satisfactory to the OWNER) of all claims arising out of or filed in connection with the Work; 00700 04-2020 Page 38 General Conditions .4 Certificate evidencing that insurance required by the Supplemental General Conditions will remain in force after final payment and through any warranty period; .5 Non-Use of Asbestos Affidavit(After Construction); and .6 Any other documentation called for in the Contract Documents. 14.11 Final Payment and Acceptance: 14.11.1 If, on the basis of observation of the Work during construction, final inspection, and review of the final Application for Payment and accompanying documentation as required by the Contract Documents, Owner's Representative is satisfied that the Work has been completed and the CONTRACTOR's other obligations under the Contract Documents have been fulfilled, Owner's Representative will recommend the final Application for Payment and thereby notify the OWNER. If the OWNER agrees with the recommendation of the Owner's Representative, the OWNER will pay to the CONTRACTOR the balance due the CONTRACTOR under the terms of the Contract. 14.11.2 As Contract Time is measured to Final Completion, Owner's Representative will issue a letter of final acceptance to the CONTRACTOR which establishes the Final Completion date and initiates any warranty period. 14.11.3 Final payment is considered to have taken place when the CONTRACTOR or any of its representatives negotiates the OWNER's final payment check, whether labeled final or not, for cash or deposits check in any financial institution for its monetary return. 14.12 Waiver of Claims: The making and acceptance of final payment will constitute: .1 a waiver of claims by the OWNER against the CONTRACTOR, except claims arising from unsettled claims, from defective Work appearing after final inspection, from failure to comply with the Contract Documents or the terms of any warranty specified therein, or from the CONTRACTOR's continuing obligations under the Contract Documents; and .2 a waiver of all claims by the CONTRACTOR against the OWNER other than those previously made in writing and still unsettled. ARTICLE 15-SUSPENSION OF WORK AND TERMINATION 15.1 OWNER May Suspend Work Without Cause and for Convenience: At any time and without cause and for convenience, the OWNER may suspend the Work or any portion thereof for a period of not more than ninety(90)calendar days by written agreement or by Written Notice to the CONTRACTOR which will fix the date on which the Work will be resumed. The CONTRACTOR shall resume the Work on the date so fixed. The CONTRACTOR may be allowed an adjustment in the Contract Amount or an extension of the Contract Times,or both,directly attributable to any such suspension if the CONTRACTOR makes an approved Claim therefor as provided in Article 11 and Article 12. 15.2 OWNER May Terminate Without Cause: Upon seven (7) calendar days'Written Notice to the CONTRACTOR,the OWNER may,without cause and without prejudice to any right or remedy of the OWNER, elect to terminate the Agreement. In such case, the CONTRACTOR shall be paid (without duplication of any items): .1 for completed and acceptable Work executed in accordance with the Contract Documents prior to the effective date of termination; 00700 04-2020 Page 39 General Conditions .2 for all claims incurred in settlement of terminated contracts with Suppliers, Subcontractors, and others. The CONTRACTOR agrees to negotiate in good faith with Subcontractors, Suppliers and others to mitigate the OWNER's cost CONTRACTOR shall include in any subcontract or purchase order language that provides that if the Agreement is terminated without cause, the Subcontractor and Suppliers will only be paid for work performed or materials and equipment supplied and shall not have any other claims against CONTRACTOR or OWNER; CONTRACTOR shall not be paid for any profit or overhead for Work not completed. 15.3 OWNER May Terminate With Cause: 15.3.1 Upon the occurrence of any one or more of the following events: .1 if the CONTRACTOR persistently fails to perform the Work in accordance with the Contract Documents; .2 if the CONTRACTOR disregards laws or regulations of any public body having jurisdiction; .3 if the CONTRACTOR disregards the authority of Owner's Representative; .4 if the CONTRACTOR makes fraudulent statements; .5 if the CONTRACTOR fails to maintain a work force adequate to accomplish the Work within the Contract Time; .6 if the CONTRACTOR fails to make adequate progress and endangers successful completion of the Contract; or .7 if the CONTRACTOR otherwise violates any provisions of the Contract Documents; The OWNER may, after giving the CONTRACTOR(and the surety, if any)seven (7)calendar days'Written Notice terminate the services of the CONTRACTOR. The OWNER,at its option, may proceed with negotiation with surety for completion of the Work. Alternatively,the OWNER may under these circumstances exclude the CONTRACTOR from the site and take possession of the Work (without liability to the CONTRACTOR for trespass or conversion), incorporate in the Work all materials and equipment stored at the site or for which the OWNER has paid the CONTRACTOR but which are stored elsewhere,and finish the Work as the OWNER may deem expedient. In such case the CONTRACTOR shall not be entitled to receive any further payment until the Work is finished. If the unpaid balance of the Contract Amount exceeds all claims, costs, losses and damages sustained by the OWNER arising out of or resulting from completing the Work, such excess will be paid to the CONTRACTOR. If such claims,costs, losses and damage exceed such unpaid balance, the CONTRACTOR or surety shall pay the difference to the OWNER. 15.3.2 Where the CONTRACTOR's services have been so terminated by the OWNER, the termination will not affect any rights or remedies of the OWNER against the CONTRACTOR and surety then existing or which may thereafter accrue. Any retention or payment of amounts due the CONTRACTOR by the OWNER will not release the CONTRACTOR from liability. In the event the OWNER terminates the Contract with cause, the OWNER may reject any and all bids submitted by the CONTRACTOR for up to three (3)years. 00700 04-2020 Page 40 General Conditions 15.4 CONTRACTOR May Stop Work or Terminate: If through no act or fault of the CONTRACTOR,the Work is suspended for a period of more than ninety(90)calendar days by the OWNER or under an order of court or other public authority, or (except during disputes) Owner's Representative fails to forward for processing any mutually acceptable Application for Payment within thirty (30) calendar days after it is submitted, or(except during disputes)the OWNER fails for sixty(60)calendar days after it is submitted to pay the CONTRACTOR any sum finally determined by the OWNER to be due, then the CONTRACTOR may,upon seven(7)calendar days'Written Notice to the OWNER,and provided the OWNER does not remedy such suspension or failure within that time, terminate the Agreement and recover from the OWNER payment on the same terms as provided in paragraph 15.2. In lieu of terminating the Agreement and without prejudice to any other right or remedy, if(except during disputes)Owner's Representative has failed to forward for processing any mutually acceptable Application for Payment within thirty(30)calendar days after it is submitted, or (except during disputes) the OWNER has failed for sixty (60) calendar days after it is submitted to pay the CONTRACTOR any sum finally determined by the OWNER to be due, the CONTRACTOR may upon seven (7) calendar days' Written Notice to the OWNER stop the Work until payment of all such amounts due the CONTRACTOR, including interest thereon. The provisions of this paragraph 15.4 are not intended to preclude the CONTRACTOR from making a Claim under Article 11 and Article 12 for an increase in Contract Amount or Contract Times or otherwise for expenses or damage directly attributable to the CONTRACTOR's stopping Work as permitted by this paragraph. ARTICLE 16-DISPUTE RESOLUTION 16.1 Filing of Claims: 16.1.1 Claims arising from the circumstances identified in paragraphs 3.2, 4.1, 4.2.2, 4.2.4, 6.4.2, 6.11.5.2, 6.17, 7.5,8.6,9.5, 10.4.2, 13.8, 15.1, 15.2, 15.3,or 15.4,or other occurrences or events,shall be made by Written Notice delivered by the party making the Claim to the other party within thirty (30) calendar days after the start of the occurrence or event giving rise to the Claim and stating the general nature of the Claim. Notice of the amount of the Claim with supporting data shall be delivered within thirty (30) calendar days after Written Notice of Claim is delivered by claimant and shall represent that the adjustment claimed covers all known amounts to which claimant is entitled. 16.1.2 Within thirty(30)calendar days of receipt of notice of the amount of the Claim with supporting data,Owner's Representative and the CONTRACTOR shall meet to discuss the Claim, after which an offer of settlement or notification of no settlement offer will be made to claimant. If claimant is not satisfied with the proposal presented, claimant shall have thirty(30)calendar days in which to: .1 submit additional supporting data requested by the other party; .2 modify the initial Claim; or .3 request Alternative Dispute Resolution. 16.2 Alternative Dispute Resolution: 16.2.1 If a dispute exists concerning a Claim, the parties agree to use the following procedure prior to pursuing any other available remedies. The OWNER reserves the right to include E/A as a party. 16.2.2 Negotiating with Previously Uninvolved Personnel: Either party may make a written request for a meeting to be held between representatives of each party within fourteen (14) calendar days of the request or such later period that the parties may agree to. Each party shall endeavor to include, at a minimum, one (1) previously uninvolved senior level decision maker empowered to negotiate on behalf of their organization. The purpose of this and subsequent meetings will be good faith negotiations of the matters constituting the dispute. Negotiations shall be concluded within thirty(30)calendar days of the first meeting, unless mutually agreed otherwise. This step may 00700 04-2020 Page 41 General Conditions be waived by written agreement of both parties, in which event the parties may proceed directly to mediation as described below. 16.2.3 Mediation: 16.2.3.1 If the procedure described in paragraph 16.2.2 proves unsuccessful or is waived pursuant to its terms, the parties shall initiate the mediation process. The parties agree to select within thirty(30)calendar days one (1) mediator trained in mediation skills, to assist with resolution of the dispute. The OWNER and the CONTRACTOR agree to act in good faith in the selection of the mediator and to give consideration to qualified individuals nominated to act as mediator. Nothing in this agreement prevents the parties from relying on the skills of a person who also is trained in the subject matter of the dispute and/or a contract interpretation expert. 16.2.3.2 Mediation is a forum in which an impartial person, the mediator, facilitates communication between parties to promote reconciliation, settlement, or understanding among them. The parties hereby agree that mediation, at a minimum, shall provide for 1)conducting an on-site investigation, if appropriate,by the mediator for fact-gathering purposes, 2) a meeting of all parties for the exchange of points of view and 3) separate meetings between the mediator and each party to the dispute for the formulation of resolution alternatives. The parties agree to participate in mediation in good faith for up to thirty(30)calendar days from the date of the first mediation session, unless mutually agreed otherwise. Should the parties fail to reach a resolution of the dispute through mediation, then each party is released to pursue other remedies available to them. ARTICLE 17—RIGHT TO AUDIT 17.1 Right to Audit: Whenever the OWNER enters into any type of contractual arrangement with the CONTRACTOR, then the CONTRACTOR's "records" shall upon reasonable notice be open to inspection and subject to audit and/or reproduction during normal business working hours. The OWNER's representative, or an outside representative engaged by the OWNER, may perform such audits. The CONTRACTOR shall maintain all records relating to this Agreement for four (4) years from the date of final payment under this Agreement, or until pending litigation has been completely and fully resolved, whichever occurs later. 17.1.1 The OWNER shall have the exclusive right to examine the records of the CONTRACTOR. The term "records"as referred to herein shall include any and all information, materials and data of every kind and character, including without limitation records, books,papers,documents,contracts,schedules,commitments,arrangements, notes, daily diaries, reports, drawings, receipts, vouchers and memoranda, and any and all other agreements, sources of information and matters that may, in the OWNER's judgment, have any bearing on or pertain to any matters, rights, duties or obligations under or covered by any contract document. Such records shall include(hard copy, as well as computer-readable data if it can be made available),written policies and procedures, time sheets, payroll registers, cancelled checks, personnel file data, correspondence, general ledger entries, and any other record in the CONTRACTOR's possession which may have a bearing on matters of interest to the OWNER in connection with the CONTRACTOR's dealings with the OWNER (all of the foregoing are hereinafter referred to as "records"). In addition,the CONTRACTOR shall permit interviews of employees as well as agents, representatives, vendors, subcontractors and other third parties paid by the CONTRACTOR to the extent necessary to adequately permit evaluation and verification of the following: a) The CONTRACTOR's compliance with contract requirements; b) The CONTRACTOR's compliance with the OWNER'S business ethics policies; and c) If necessary, the extent of the Work performed by the CONTRACTOR at the time of contract termination. 17.1.2 The CONTRACTOR shall require all payees(examples of payees include subcontractors, insurance agents, material suppliers, etc.) to comply with the provisions of this Article 17 by securing the requirements hereof in a 00700 04-2020 Page 42 General Conditions written agreement between the CONTRACTOR and payee. Such requirements include a flow-down right of audit provision in contracts with payees that also apply to subcontractors and sub-subcontractors, material suppliers,etc. The CONTRACTOR shall cooperate fully and shall require Related Parties and all of the CONTRACTOR's subcontractors to cooperate fully in furnishing or in making available to the OWNER from time to time whenever requested, in an expeditious manner, any and all such information, materials, and data. 17.1.3 The OWNER's authorized representative or designee shall have reasonable access to the CONTRACTOR's facilities, shall be allowed to interview all current or former employees to discuss matters pertinent to the performance of this Agreement, and shall be provided adequate and appropriate work space in order to conduct audits in compliance with this Article 17. 17.1.4 If an audit inspection or examination in accordance with this Article 17 discloses overpricing or overcharges of any nature by the CONTRACTOR to the OWNER in excess of one-half of one percent(.5%)of the total contract billings, then the reasonable actual cost of the OWNER's audit shall be reimbursed to the OWNER by the CONTRACTOR. Any adjustments and/or payments,which must be made as a result of any such audit or inspection of the CONTRACTOR's invoices and/or records, shall be made within a reasonable amount of time (not to exceed 90 days)from presentation of the OWNER's findings to the CONTRACTOR. 17.1.5 The CONTRACTOR shall take reasonable actions to prevent any actions or conditions which could result in a conflict with the OWNER's best interests. These obligations shall apply to the activities of the CONTRACTOR's employees, agents, subcontractors, etc. in their dealings and relations with the OWNER's current and former employees and their relatives. For example,the CONTRACTOR's employees,agents or subcontractors should not make or provide to be made any employment, gifts, extravagant entertainment, payments, loans or other considerations to the OWNER's representatives, employees or their relatives. 17.1.6 It is also understood and agreed by the CONTRACTOR that any solicitation of gifts or any other item of value by anyone representing the OWNER is to be reported within two (2) business working days to the OWNER at the following telephone number: 512-218-5401. Failure to report any such solicitations or offers shall be deemed a material breach of contract entitling the OWNER to pursue damages resulting from the failure to comply with this provision. ARTICLE 18—MISCELLANEOUS 18.1 Venue: In the event of any suit at law or in equity involving the Contract, venue shall be in Williamson County, Texas and the laws of the state of Texas shall apply to Contract interpretation and enforcement. 18.2 Extent of Agreement: This Contract represents the entire and integrated agreement between the OWNER and the CONTRACTOR and supersedes all prior negotiations, representations or agreements, either written or oral. 18.3 Cumulative Remedies: The rights and remedies available to the parties are not to be construed in any way as a limitation of any rights and remedies available to any or all of them which are otherwise imposed or available by laws or regulations, by special warranty or guarantees or by other provisions of the Contract Documents, and the provisions of this paragraph will be as effective as if repeated specifically in the Contract Documents in connection with each particular duty, obligation, right and remedy to which they apply. 00700 04-2020 Page 43 General Conditions 18.4 Severability: If any word, phrase, clause, sentence or provision of the Contract, or the application of same to any person or set of circumstances is for any reason held to be unconstitutional, invalid or unenforceable,that finding shall only effect such word, phrase, clause, sentence or provision, and such finding shall not effect the remaining portions of this Contract; this being the intent of the parties in entering into the Contract; and all provisions of the Contract are declared to be severable for this purpose. 18.5 Independent Contractor The Contract shall not be construed as creating an employer/employee relationship,a partnership,or a joint venture. The CONTRACTOR's services shall be those of an independent contractor. The CONTRACTOR agrees and understands that the Contract does not grant any rights or privileges established for employees of the OWNER. 18.6 Prohibition of Gratuities The OWNER may, by Written Notice to the CONTRACTOR, terminate the Contract without liability if is determined by the OWNER that gratuities were offered or given by the CONTRACTOR or any agent or representative of the CONTRACTOR to any officer or employee of the OWNER with a view toward securing the Contract or securing favorable treatment with respect to the awarding or amending or the making of any determinations with respect to the performing of such Contract. In the event the Contract is terminated by the OWNER pursuant to this provision, the OWNER shall be entitled, in addition to any other rights and remedies, to recover or withhold the amount of the cost incurred by the CONTRACTOR in providing such gratuities. 18.7 Prohibition Against Personal Interest in Contracts No officer,employee,independent consultant,or elected official of the OWNER who is involved in the development, evaluation, or decision-making process of the performance of any solicitation shall have a financial interest, direct or indirect, in the Contract resulting from that solicitation. Any violation of this provision, with the knowledge, expressed or implied, of the CONTRACTOR shall render the Contract voidable by the OWNER. End of General Conditions 00700 04-2020 Page 44 General Conditions 00800 SUPPLEMENTAL GENERAL CONDITIONS City of Round Rock Contract Forms Supplemental General Conditions Section 00800 SUPPLEMENTAL GENERAL CONDITIONS TO AGREEMENT FOR CONSTRUCTION SERVICES The Supplemental General Conditions contained herein shall amend or supplement the General Conditions, Section 00700. ARTICLE 1 -DEFINITIONS 1.16 Engineer/Architect(E/A): Add the following: Name (Representative): Benedict P. Patrick, P.E., PTCA Firm: HDR Engineering, Inc. Address: 710 Hesters Crossing#150 City, State, Zip: Round Rock, Texas 78681 Telephone: (512)685-2906 Facsimile: N/A Email: benedict.patrick0,hdr1nc.com 1.27 Owner's Representative: Add the following: Name: Bill Stablein Title: Project Manager Address: 3400 Sunrise Road City, State, Zip: Round Rock, Texas 78665 Telephone: 512-218-3237 Facsimile: N/A Email: bstablein n,roundrocktexas.gov 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 NO/100 DOLLARS $600.00 PER DAY FOR EACH DAY BEYOND THE DATE ESTABLISHED THEREFOR THAT THE CONTRACTOR FAILS TO ACHIEVE SUBSTANTIAL COMPLETION, AND FOR WHICH OWNER IS UNABLE TO UTILIZE THE IMPROVEMENTS AND FACILITIES DUE TO THE FAILURE OF CONTRACTOR TO HAVE ACHIEVED SUBSTANTIAL COMPLETION IN ACCORDANCE WITH THE CONTRACT. END OF SUPPLEMENTAL GENERAL CONDITIONS Page 1 00800 10-2015 Supplemental General Conditions 00090669 00900 SPECIAL CONDITIONS SECTION 01-INFORMATION 01-01 COPIES OF PLANS AND SPECIFICATIONS FURNISHED The Agreement will be prepared in not less than two (2) (original signed) sets. The OWNER will furnish to the CONTRACTOR one (1) copy of conforming Contract Documents and Specifications unless otherwise requested. 01-02 GOVERNING CODES All construction as provided for under the Contract Documents shall be governed by any existing Resolutions,Codes and Ordinances,and any subsequent amendments or revisions thereto as set forth by the OWNER. 01-03 LOCATION The location of work shall be as set forth in the Notice to Bidders and as indicated in the Contract Documents. 01-04 USAGE OF WATER All water used during construction shall be provided by the OWNER and shall be metered. The OWNER shall specify the location from which the CONTRACTOR is to procure water.The CONTRACTOR shall be responsible for obtaining a bulk water permit from the OWNER and providing all apparatus necessary for procuring,storing, transporting and using water during construction.The CONTRACTOR shall strive to use no more water than reasonable to perform the work associated with this Contract and shall avoid waste.The CONTRACTOR will be required to pay for all water used if it is found that waste is occurring during construction. SECTION 02-SPECIAL CONSIDERATIONS 02-01 CROSSING UTILITIES Prior to commencing the Work associated with this Contract, it shall be the CONTRACTOR's responsibility to make arrangements with the owners of utility companies to uncover their particular utility lines or otherwise confirm their location. Certain utility companies perform such services at their own expense,however,where such is not the case,the CONTRACTOR will cause such work to be done at his own expense. 02-02 UTILITY SERVICES FOR CONSTRUCTION The CONTRACTOR will be responsible for providing its own utility services while performing the Work associated with this Contract. Provision of said utility services shall be subsidiary to the various bid items and no additional payment will be made for this item. 009004-2020 Page 1 Special Conditions 00443643 02-03 WAGE RATES Wage Rates(Information From Chapter 2258,Texas Government Code Title 10) 2288.021.Duty of Government Entity to Pay Prevailing Wage Rates a. The State or any political subdivision of the State shall pay a worker employed by it or on behalf of it: (1) not less than the general prevailing rate of per diem wages for work of a similar character in the locality in which the work is performed;and (2) not less than the general prevailing rate of per diem wages for legal holiday and overtime work. b. Subsection(a)does not apply to maintenance work. C. A worker is employed on a public work for the purposes of this section if a Contractor or Subcontractor in the execution of a contract for the public work with the State,a political subdivision of the State or any officer or public body of the State or a political subdivision of the State, employs the worker. 2258.023. Prevailing Wage Rates to be Paid by Contractor and Subcontractor; Penalty a. The contractor who is awarded a contract by a public body,or a Subcontractor of the Contractor, shall pay not less than the rates determined under Section 2258.022 to a worker employed by it in the execution of the contract. b. A Contractor or Subcontractor who violates this section shall pay to the state or a political subdivision of the state on whose behalf the contract is made,$60 for each worker employed for each calendar day or part of the day that the worker is paid less than the wage rates stipulated in the contract.A public body awarding a contract shall specify this penalty in the contract. C. A contractor or subcontractor does not violate this section if a public body awarding a contract does not determine the prevailing wage rates, and specify the rates in the contract as provided by Section 2258.022. d. The public body shall use any money collected under this section to offset the costs incurred in the administration of this chapter. e. A municipality is entitled to collect a penalty under this section only if the municipality has a population of more than 10,000. 00900-4-2020 Page 2 Special Conditions 00443643 2258.051.Duty of Public Body to Hear Complaints and Withhold Payment A public body awarding a contract,and an agent or officer of the public body,shall: 1. take cognizance of complaints of all violations of this chapter committed in the execution of the contract;and 2. withhold money forfeited or required to be withheld under this Chapter from the payments to the Contractor under the contract, except that the public body may not withhold money from other than the final payment without determination by the public body that there is good cause to believe that the Contractor has violated this chapter. Applicable wage rates to be used in Williamson and/or Travis County may be obtained from the U.S. Department of Labor website at the following web addresses: Construction Types: Heavy (Sewer/Water Treating Plant and Sewer/Incidental to Highway) h!W://www.wdol.gov/wdol/scafiles/davisbacon/TX33.dvb?v--O Construction Types: Heavy and Highway http://www.wdol.gov/wdol/scafiles/davisbacon/TX16.dvb'?v=O Construction Type: Building http://www.wdol.gov/wdol/scafiles/davisbacon/TX76.dvb?v=1 02-04 LIMIT OF FINANCIAL RESOURCES The OWNER has a limited amount of financial resources committed to this Project; therefore, it shall be understood by all bidders that the OWNER may be required to change and/or delete any items which it may feel is necessary to accomplish all or part of the scope of work within its limit of financial resources. CONTRACTOR shall be entitled to no claim for damages or anticipated profits on any portion of work that may be omitted. At any time during the duration of this contract, the OWNER reserves the right to omit any work from this contract.Unit prices for all items previously approved in this contract shall be used to delete or add work per change order. 02-05 LIMITS OF WORK AND PAYMENT It shall be the obligation of the CONTRACTOR to complete all work included in this Contract, so authorized by the OWNER, as described in the contract documents and technical specifications.All items of work not specifically paid for in the bid proposal shall be included in the unit price bids. Any question arising as to the limits of work shall be left up to the interpretation of the E/A. 009004-2020 Page 3 Special Conditions 00443643 02-06 LAND FOR WORK OWNER provides, as indicated on Drawings, land upon which work is to be done, right-of-way for access to same and such other lands that are designated for the use of the CONTRACTOR.CONTRACTOR provides,at his expense and without liability of OWNER, any additional land and access thereto that may be required for his construction operations,temporary construction facilities,or for storage of materials. 02-07 DEVIATIONS OCCASIONED BY UTILITY STRUCTURES Whenever existing utilities, not indicated on the Drawings, present obstructions to grade and alignment of proposed improvements immediately notify engineer, who without delay, will determine if existing utilities are to be relocated, or grade and alignment of proposed improvements changed. Where necessary to move existing utilities and appurtenances as determined by the E/A, the E/A and CONTRACTOR will make relocation arrangements with the utility owner. The OWNER will not be liable for delay costs or damages due to relocations of utilities which hinder progress of the work. 02-08 CONSTRUCTION STAKING All construction staking required to complete the work associated with this contract shall be provided by the CONTRACTOR. The CONTRACTOR shall be responsible for determining the layout and extent of staking necessary to construct the improvements to the lines and grades shown in the Drawings and such staking shall be satisfactory to the E/A. The CONTRACTOR shall consult with the E/A and Owners Representative in the field for assistance as necessary. Sufficient staking materials and equipment shall be provided by the CONTRACTOR including but not limited to:paint, flagging,laths,hubs,blue tops,nails,hammers,measuring chains or tapes,transits and levels. The CONTRACTOR shall be responsible for setting and marking control and off-set points for measuring distances and angles,for shooting levels,and for any other items pertaining to construction staking. This item shall not be paid for separately and shall be considered subsidiary to other bid items. 00900-4-2020 Page 4 Special Conditions 00443643 SECTION 03-ACCESS AND TRAFFIC CONTROL Access shall be provided for the public and emergency vehicles at all possible times. When it becomes necessary to restrict access, the CONTRACTOR shall notify the OWNER and coordinate with the OWNER, all applicable agencies (i.e. Fire Department,E.M.S.,Public Works,etc.),residents,and affected parties.If emergency access is required during the work and such access is being hindered by the work,the CONTRACTOR will suspend the work if necessary,and otherwise endeavor to assist emergency personnel in accessing a location restricted by the work.Unless otherwise approved by the E/A,at the end of each day all lanes of traffic shall be opened to the public. The CONTRACTOR shall ensure compliance at all times with the accepted Traffic Control Plan for the project and shall be responsible for all maintenance, signing and safety precautions necessary for traffic control. These items shall be included in the bid item Traffic Control. 009004-2020 Page 5 Special Conditions 00443643 01000 TECHNICAL SPECIFICATIONS ITEM 1 GENERAL DESCRIPTION 1.01 SCOPE OF WORK The Work covered by these Specifications consists of furnishing all labor,equipment, appliances, materials and performing all operations in connection with the inspection and testing, complete in accordance with the Plans, and subject to the terms and conditions of the Contract Documents. 1.02 GOVERNING TECHNICAL SPECIFICATIONS STREET,WATER,SEWER AND DRAINAGE IMPROVEMENTS The Round Rock Standard Specification Criteria Manual is hereby referred to and included in this contract as fully and to the same extent as if copied at length herein, and shall be applied to this project unless modified elsewhere as discussed below.The aforementioned Criteria Manual is the"Standard Specifications"section of the City of Round Rock Design and Construction Standards. The Standard Specifications may be accessed from the City of Round Rock website (www.roundrocktexas.gov) at the following web address: www.roundrocktexas.gov/dacs. Any adjustments,alterations,or additional information regarding Governing Technical Specifications are contained in the Plans (Drawings), Details and Notes described in Section 02000 of the Project Manual or are included in Attachment A at the end of this Technical Specifications Section. ITEM 2 CONTROL OF WORK 2.01 CLEAN-UP 2.01.1 CONSTRUCTION SITE During construction, the CONTRACTOR shall keep the site free and clean from all rubbish and debris and shall clean-up the site promptly when notified to do so by the E/A. The CONTRACTOR shall,at its own expense,maintain the streets and roads free from dust, mud,excess earth or debris which constitutes a nuisance or danger to the public using the thoroughfare,or the occupants of adjacent properties. Care shall be taken to prevent spillage on streets and roads over which hauling is done, and any such spillage or debris deposited on streets, due to the CONTRACTOR's operations,shall be immediately removed. Page 1 010004-2020 Technical Specifications 00443645 2.01.2 BACKWORK The CONTRACTOR shall coordinate his operations in such a manner as to prevent the amount of clean-up and completion of back works from becoming excessive. Should such a condition exist,the E/A may order all or portions of the work to cease and refuse to allow any work to commence until the back work is done to the E/A's satisfaction. 2.02 GRADING The CONTRACTOR shall do such grading in and adjacent to the construction area associated with this contract as may be necessary to leave such areas in a neat and satisfactory condition approved by the E/A. ITEM 3 EXAMINATION AND REVIEW 3.01 EXAMINATION OF WORK The work covered under this Contract shall be examined and reviewed by the E/A, representatives of all governmental entities which have jurisdiction, and the Owner's Representative. The quality of material and the quality of installation of the improvements shall be to the satisfaction of the E/A. It shall be the CONTRACTOR's responsibility for the construction methods and safety precautions in the undertaking of this Contract. 3.02 NOTIFICATION The E/A and the OWNER must be notified a minimum of 24-hours in advance of beginning construction,testing,or requiring presence of the E/A,Owner's or Owner's Representative. 3.03 CONSTRUCTION STAKING The E/A shall furnish the CONTRACTOR reference points and benchmarks that, in the E/A's opinion, provide sufficient information for the CONTRACTOR to perform construction staking. 3.04 PROTECTION OF STAKES, MARKS, ETC. All engineering and surveyor's stakes, marks,property comers, etc., shall be carefully preserved by the CONTRACTOR, and in case of destruction or removal during the course of this project, such stakes, marks, property comers, etc., shall be replaced by the CONTRACTOR at the CONTRACTOR's sole expense. Page 2 01000-4-2020 Technical Specifications 00443645 ITEM 4 PROTECTION AND PRECAUTION 4.01 WORK IN FREEZING WEATHER Portions of the work may continue as directed by the E/A. 4.02 PROTECTION OF TREES,PLANTS AND SHRUBS The CONTRACTOR shall take necessary precautions to preserve all existing trees, plants and shrubs but where it is justifiable and necessary the CONTRACTOR may remove trees and plants for construction right-of-way but only with approval of the E/A. 4.03 TRAFFIC CONTROL MEASURES AND BARRICADES Traffic control measures and barricades shall be installed in accordance with the Texas Manual of Uniform Traffic Control Devices and in other locations deemed necessary by the E/A, for the protection life and property. Under no circumstances will any existing road be permitted to remain closed over a weekend. No separate pay will be made for this item. Costs for this item shall be subsidiary to other items of work. 4.04 PROPERTY LINES AND MONUMENTS The CONTRACTOR shall be responsible for the protection,reference and resetting of property comer monuments if disturbed. 4.05 DISPOSAL OF SURPLUS MATERIAL The CONTRACTOR shall at his own expense, make arrangement for the disposal of surplus material, such as rock,trees,brush and other unwanted backfill materials. 4.06 CONTRACTOR'S USE OF PREMISES The Contractor shall,at his own expense,provide additional space as necessary for his operations and storage of materials. ITEM 5 MATERIALS 5.01 TRADE NAMES Except as specified otherwise, wherever in the specifications an article or class of material is designated by a trade name or by the name or catalog number of any maker, patentee,manufacturer,or dealer,such designations shall be taken as intending to mean and specify the articles described or another equal thereto in quality, finish, and serviceability for the purpose intended, as may be determined and judged by the E/A in his sole discretion. 5.02 MATERIALS AND WORKMANSHIP No material which has been used by the CONTRACTOR for any temporary purpose whatever is to be incorporated in the permanent structure without the written consent of the E/A. Where materials or equipment are specified by a trade or brand name, it is not the intention of the OWNER to discriminate against an equal product of another Page 3 01000-4-2020 Technical Specifications 00443645 manufacturer, but rather to set a definite standard of quality for performance, and to establish an equal basis for the evaluation of bids. Where the words "equivalent", "proper" or"equal to"are used,they shall be understood to mean that the item referred to shall be "proper", the "equivalent" of, or"equal to" some other item, in the opinion or judgment of the E/A. Unless otherwise specified, all materials shall be the best of their respective kinds and shall be in all cases fully equal to approved samples. Notwithstanding that the words"or equal to"or other such expressions may be used in the specifications in connection with a material, manufactured article or process, the material, article or process specifically designated shall be used, unless a substitute is approved in writing by the E/A, and the E/A will have the right to require the use of such specifically designated material,article or process. Page 4 01000-4-2020 Technical Specifications 00443645 CITY OF ROUND ROCK SIGNAL CONSTRUCTION AT US 79(Palm Valley Blvd)and Africa Ln(Brushy Creek Plant Rd) 01000 ATTACHMENT A:TECHNICAL SPECIFICATIONS NOTE: Where discrepancies occurbetween the technical specifications,the following descending order of priorityshall govern:(1)Special conditions,(2)Special Provisions to Special Specifications,(3)Special Specifications,(4) Special Provisions,and(5)Standard Specifications. STANDARD SPECIFICATIONS: ADOPTED BY THE TEXAS DEPARTMENT OF TRANSPORTATION NOVEMBER 1,2014.STANDARD SPECIFICATIONS ARE INCORPORATED INTO THE CONTRACT BY REFERENCE. htiR://www.dot.state.tx.us/ ITEM 1 DEFINITION OF TERMS ITEM 6 CONTROL OF MATERIALS ITEM 500 MOBILIZATION ITEM 502 BARRICADES,SIGNS,AND TRAFFIC HANDLING ITEM 618 CONDUIT ITEM 620 ELECTRICAL CONDUCTORS ITEM 621 TRAYCABLE ITEM 628 ELECTRICAL SERVICES ITEM 644 SMALL ROADSIDE SIGN ASSEMBLIES ITEM 666 REFLECTORIZEDPAVEMENTMARKINGS ITEM 677 ELIMINATING EXISTING PAVEMENT MARKINGS AND MARKERS ITEM 678 PAVEMENT SURFACE PREPARATION FOR MARKINGS ITEM 680 INSTALLATION OF HIGHWAY TRAFFIC SIGNALS ITEM 682 VEHICLE AND PEDESTRIAN SIGNAL HEADS ITEM 684 TRAFFIC SIGNAL CABLES ITEM 686 TRAFFIC SIGNAL POLE ASSEMBLIES(STEEL) TEXAS DEPARTMENT OF TRANSPORTATION SPECI AL SPECIFICATIONS: ITEM 6004 NETWORKING(ITS)COMMUNICATIONS CABLE US79(Pa lmValley Blvd)atAfrica Ln(Brushy Creek PlantRd) Page I of I Signa I Construction City of Round Rock October2021 Attachment A:Technical Specifications 1 Item 1 Abbreviations and Definitions aff ,n 1. APPLICABILITY Wherever the following terms are used in these specifications or other Contract documents,the intent and meaning will be interpreted as shown below. 2. ABBREVIATIONS AAR Association of American Railroads AASHTO American Association of State Highway and Transportation Officials ACI American Concrete Institute ACPA American Concrete Pipe Association Al Asphalt Institute AIA American Institute of Architects AISC American Institute of Steel Construction AISI American Iron and Steel Institute AITC American Institute of Timber Construction ALSC American Lumber Standard Committee,Inc. AMRL AASHTO Materials Reference Laboratory ANLA American Nursery and Landscape Association ANSI American National Standards Institute APA The Engineered Wood Association API American Petroleum Institute APWA American Public Works Association AREMA American Railway Engineering and Maintenance-of-Way Association ASBI American Segmental Bridge Institute ASCE American Society of Civil Engineers ASLA American Society of Landscape Architects ASME American Society of Mechanical Engineers ASNT American Society for Nondestructive Testing ASTM American Society for Testing and Materials AWC American Wood Council AWG American Wire Gage AWPA American Wood Protection Association AWPI American Wood Preservers Institute AWS American Welding Society AWWA American Water Works Association BMP Best Management Practices CFR Code of Federal Regulations CMP Corrugated Metal Pipe COE U.S.Army Corps of Engineers CRSI Concrete Reinforcing Steel Institute DBE Disadvantaged Business Enterprise DMS Departmental Material Specification EIA Electronic Industries Alliance EPA United States Environmental Protection Agency FHWA Federal Highway Administration,U.S.Department of Transportation FSS Federal Specifications and Standards(General Services Administration) GSA General Services Administration HUB Historically Underutilized Business ICEA Insulated Cable Engineers Association 3 1 IEEE Institute of Electrical and Electronics Engineers IESNA Illuminating Engineering Society of North America IMSA International Municipal Signal Association ISO International Organization for Standardization ITS Intelligent Transportation System ITE Institute of Transportation Engineers LRFD Load and Resistance Factor Design MASH Manual for Assessing Safety Hardware MPL Material Producer List NCHRP National Cooperative Highway Research Program NCR Nonconformance Report NEC National Electrical Code(Published by NFPA) NEMA National Electrical Manufacturers Association NEPA National Environmental Policy Act NESC National Electrical Safety Code NFPA National Fire Protection Association NIST National Institute of Standards and Technology NRM Nonhazardous Recyclable Material NRMCA National Ready Mixed Concrete Association NSBA National Steel Bridge Alliance NTPEP National Transportation Product Evaluation Program OSHA Occupational Safety&Health Administration,U.S.Department of Labor PCA Portland Cement Association PCI Precast/Prestressed Concrete Institute PPI Plastics Pipe Institute PS&E Plans, Specifications,and Estimates PSL Project-Specific Location PTI Post-Tension Institute QA Quality Assurance QC Quality Control RCP Reinforced Concrete Pipe RPLS Registered Public Land Surveyor RRC Railroad Commission of Texas SBE Small Business Enterprise SFPA Southern Forest Products Association SI International System of Units SPIB Southern Pine Inspection Bureau SSPC The Society for Protective Coatings TAC Texas Administrative Code TCEQ Texas Commission on Environmental Quality TDLR Texas Department of Licensing and Regulation TMUTCD Texas Manual on Uniform Traffic Control Devices UL Underwriters Laboratory,Inc. USC United States Code WRI Wire Reinforcement Institute WWPA Western Wood Products Association 3. DEFINITIONS 3.1. Abrasive Blasting.Spraying blasts of pressurized air combined with abrasive media. 3.2. Actual Cost.Contractor's actual cost to provide labor,material,equipment,and project overhead necessary for the work. 3.3. Addendum.Change in proposal forms developed between advertising and bid submittal deadline. 4 1 3.4. Additive Alternate.A bid item contained in a proposal that is not a regular item or a replacement alternate bid item.The additive alternate item(s)include work that may be added to the base bid at the time of letting. 3.5. Advertisement.The public announcement required by law inviting bids for work to be performed or materials to be furnished. 3.6. Affiliates.Two or more firms are affiliated if they share common officers,directors,or stockholders;a family member of an officer,director,or stockholder of one firm serves in a similar capacity in another of the firms; an individual who has an interest in,or controls a part of,one firm either directly or indirectly also has an interest in,or controls a part of, another of the firms;the firms are so closely connected or associated that one of the firms,either directly or indirectly,controls or has the power to control another firm;one firm controls or has the power to control another of the firms;or the firms are closely allied through an established course of dealings including,but not limited to the lending of financial assistance. 3.7. Air Blasting.Spraying blasts of pressurized air free of oil and moisture. 3.8. Air Temperature.The temperature measured in degrees Fahrenheit("F)in the shade,not in the direct rays of the sun,and away from artificial heat. 3.9. Anticipated Profit.Profit for work not performed. 3.10. Apparent Low Bidder.The Bidder determined to have the numerically lowest total bid as a result of the tabulation of bids by the Department. 3.11. Architect of Record.A person registered as an architect or licensed as a landscape architect,in accordance with State law,exercising overall responsibility for the design or a significant portion of the design and performs certain Contract administration responsibilities as described in the Contract;or a firm employed by the State to provide professional architectural services. 3.12. Arterial Highway.A highway used primarily for through traffic and usually on a continuous route. 3.13. Available Bidding Capacity.The Contractor's approved bidding capacity less uncompleted work on Department Contracts. 3.14. Award.The Commission's acceptance of a Contractor's bid for a proposed Contract that authorizes the Department to enter into a Contract. 3.15. Bid.The offer from the Bidder for performing the work described in the proposal. 3.16. Bid Bond.The security executed by the Contractor and the Surety furnished to the Department to guarantee payment of liquidated damages if the Contractor fails to enter into an awarded Contract. 3.17. Bid Error.A mathematical mistake made by a Bidder in the unit price entered into the proposal. 3.18. Bidder.An individual,partnership,limited liability company,corporation,or joint venture submitting a bid for a proposed Contract. 3.19. Bidders Questionnaire.A prequalification form completed by a prospective Bidder reflecting a Bidder's financial data and experience. 3.20. Bidding Capacity.The maximum dollar value a Contractor may have under Contract with the Department at any given time. 3.21. Blast Cleaning.Using one of the blasting methods including,but not limited to water blasting,low-pressure water blasting,high-pressure water blasting,abrasive blasting,water-abrasive blasting,shot blasting.slurry blasting,water injected abrasive blasting,and brush blasting. 5 1 3.22. Bridge.A structure,including supports,erected over a depression or an obstruction(e.g.,water,a highway, or a railway)having a roadway or track for carrying traffic or other moving loads,and having an opening measured along the center of the roadway of more than 20 ft.between faces of abutments,spring lines of arches,or extreme ends of the openings for multiple box culverts. 3.23. Brush Blasting.Sweeping lightly with an abrasive blast to remove loose material. 3.24. Building Contract.A Contract entered under Transportation Code,Chapter 223, Subchapter A, "Competitive Bids,"for the construction or maintenance of a Department building or appurtenance facilities. Building Contracts are considered to be construction Contracts. 3.25. Callout Work.Contracts,or work items in Contracts,that require a Contractor's response on an as-needed basis(e.g.,see Item 351,"Flexible Pavement Structure Repair"). 3.26. Certificate of Insurance.A form approved by the Department covering insurance requirements stated in the Contract. 3.27. Change Order.Written order to the Contractor detailing changes to the specified work,item quantities or any other modification to the Contract. 3.28. Commission.The Texas Transportation Commission or authorized representative. 3.29. Concrete Construction Joint.A joint formed by placing plastic concrete in direct contact with concrete that has attained its initial set. 3.30. Concrete Repair Manual.Department manual specifying methods and procedures for concrete repair as an extension of the standard specifications. 3.31. ConcreteWorks©.Department-owned software for concrete heat analysis.Software is available on Department website. 3.32. Construction Contract.A Contract entered under Transportation Code,Chapter 223,Subchapter A,for the construction,reconstruction,or maintenance of a segment of the State highway system. 3.33. Consultant.The licensed professional engineer or engineering firm,or the architect or architectural firm, registered in the State of Texas and under Contract to the Department to perform professional services.The consultant may be the Engineer or architect of record or may provide services through and be subcontracted to the Engineer or architect of record. 3.34. Contract.The agreement between the Department and the Contractor establishing the obligations of the parties for furnishing of materials and performance of the work prescribed in the Contract documents. 3.35. Contract Documents.Elements of the Contract including,but not limited to the plans,specifications incorporated by reference,special provisions,special specifications,Contract bonds,change orders,and supplemental agreements. 3.36. Contract Time.The number of working days specified for completion of the work,including authorized additional working days. 3.37. Contractor.The individual,partnership,limited liability company,corporation,or joint venture and all principals and representatives with which the Contract is made by the Department. 3.38. Controlled Access Highway.Any highway to or from which access is denied or controlled,in whole or in part,from or to abutting land or intersecting streets,roads,highways,alleys,or other public or private ways. 6 1 3.39. Control of Access.The condition in which the right to access of owners or occupants of abutting land or other persons in connection with a highway is fully or partially controlled by public authority. 3.40. Control Point.An established point shown on the plans to provide vertical and horizontal references for geometric control for construction. 3.41. Cross-Sections.Graphic representations of the original ground and the proposed facility,at right angles to the centerline or base line. 3.42. Culvert.Any buried structure providing an opening under a roadway for drainage or other purposes.Culverts may also be classified as bridges.(See Section 1.3.22.,"Bridge.") 3.43. Cycle.The activity necessary for performing the specified work within the right of way project limits once. 3.44. Daily Road-User Cost.Damages based on the estimated daily cost of inconvenience to the traveling public resulting from the work. 3.45. Debar(Debarment).Action taken by the Department or federal government pursuant to regulation that prohibits a person or company from entering into a Contract,or from participating as a subcontractor,or supplier of materials or equipment used in a highway improvement Contract as defined in Transportation Code, Chapter 223,Subchapter A. 3.46. Detour.A temporary traffic route around a closed portion of a road. 3.47. Department.The Texas Department of Transportation(TxDOT). 3.48. Departmental Material Specifications.Reference specifications for various materials published by the Construction Division. 3.49. Direct Traffic Culvert.Concrete box culvert whose top slab is used as the final riding surface or is to have an overlay or other riding surface treatment. 3.50. Disadvantaged Business Enterprise.A for-profit small business certified through the Texas Unified Certification Program in accordance with 49 CFR Part 26,that is at least 51%owned by one or more socially and economically disadvantaged individuals,or in the case of a publicly owned business,in which is at least 51%of the stock is owned by one or more socially and economically disadvantaged individuals,and whose management and daily business operations are controlled by one or more of the individuals who own it. 3.51. Divided Highway.A highway with separate roadways intended to move traffic in opposite directions. 3.52. Easement.A real property right acquired by one party to use land belonging to another party for a specified purpose. 3.53. Electronic Vault.The Department's bidding system where electronic bids are stored before bid opening. 3.54. Engineer.The Chief Engineer of the Department or the authorized representative of the Chief Engineer. 3.55. Expressway.A divided arterial highway for through traffic with full or partial control of access and generally with grade separations at intersections. 3.56. Family Member.A family member of an individual is the individual's parent,parent's spouse,step-parent, step-parent's spouse,sibling,sibling's spouse,spouse,child,child's spouse,spouse's child,spouse's child's spouse,grandchild,grandparent,uncle,uncle's spouse,aunt,aunt's spouse,first cousin,or first cousin's spouse. 7 1 3.57. Force Account.Payment for directed work based on the actual cost of labor,equipment,and materials furnished with markups for project overhead and profit. 3.58. Freeway.An expressway with full control of access. 3.59. Frontage Road.A local street or road auxiliary to and located along an arterial highway for service to abutting property and adjacent areas and for control of access(sometimes known as a service road,access road,or insulator road). 3.60. Hazardous Materials or Waste.Hazardous materials or waste include but are not limited to explosives, compressed gas,flammable liquids,flammable solids,combustible liquids,oxidizers,poisons,radioactive materials,corrosives,etiologic agents,and other material classified as hazardous by 40 CFR 261,or applicable state and federal regulations. 3.61. High-Pressure Water Blasting.Water blasting with pressures between 5,000 and 10,000 psi. 3.62. Highway,Street,or Road.General terms denoting a public way for purposes of vehicular travel,including the entire area within the right of way.Recommended usage in urban areas is highway or street;in rural areas,highway or road. 3.63. Historically Underutilized Business.A corporation,sole proprietorship,partnership,or joint venture formed for the purpose of making a profit certified by the Texas Building and Procurement Commission,and 51% owned by one or more persons who are economically disadvantaged because of their identification as members of certain groups,including African Americans,Hispanic Americans,Asian-Pacific Americans, Native Americans,or women,and have a proportionate interest and demonstrate active participation in the control,operation,and management of the business'affairs. Individuals meeting the HUB definition are required to be residents of the State of Texas.Businesses that do not have their primary headquarters in the State of Texas are not eligible for HUB certification. 3.64. Incentive and Disincentive Provisions.An adjustment to the Contract price of a predetermined amount for each day the work is completed ahead of or behind the specified milestone,phase,or Contract completion dates.The amount of the incentive and disincentive is determined based on estimated costs for engineering, traffic control,delays to the motorists,and other items involved in the Contract. 3.65. Independent Assurance Tests.Tests used to evaluate the sampling and testing techniques and equipment used in the acceptance program.The tests are performed by the Department and are not used for acceptance purposes. 3.66. Inspector.The person assigned by the Engineer to inspect for compliance with the Contract any or all parts of the work and the materials used. 3.67. Intelligent Transportation System.An integrated system that uses video and other electronic detection devices to monitor traffic flows. 3.68. Intersection.The general area where 2 or more highways,streets,or roads join or cross,including the roadway and roadside facilities for traffic movements within it. 3.69. Island.An area within a roadway from which vehicular traffic is intended to be excluded,together with any area at the approach occupied by protective deflecting or warning devices. 3.70. Joint Venture.Any combination of individuals,partnerships,limited liability companies,or corporations submitting a single bid proposal. 3.71. Lane Rental.A method to assess the Contractor daily or hourly rental fees for each lane,shoulder,or combination of lanes and shoulders taken out of service. 8 1 3.72. Letting.The receipt,opening,tabulation,and determination of the apparent low Bidder. 3.73. Letting Official.The Executive Director or any Department employee empowered by the Executive Director to officially receive bids and close the receipt of bids at a letting. 3.74. Licensed Professional Engineer.A person who has been duly licensed by the Texas Board of Professional Engineers to engage in the practice of engineering in the State of Texas;also referred to as a Professional Engineer. 3.75. Limits of Construction.An area with established boundaries,identified within the highway right of way and easements,where the Contractor is permitted to perform the work. 3.76. Local Street or Road.A street or road primarily for access to residence,business,or other abutting property. 3.77. Low-Pressure Water Blasting.Water blasting with pressures between 3,000 and 5,000 psi. 3.78. Major Item.An item of work included in the Contract that has a total cost equal to or greater than 5%of the original Contract or$100,000 whichever is less.A major item at the time of bid will remain a major item.An item not originally a major item does not become one through the course of the Contract. 3.79. Manual of Testing Procedures.Department manual outlining test methods and procedures maintained by the Materials and Pavements Section of the Construction Division. 3.80. Material Producer List.Department maintained list of approved products. 3.81. Materially Unbalanced Bid.A bid that generates a reasonable doubt that award to the Bidder submitting a mathematically unbalanced bid will result in the lowest ultimate cost to the State. 3.82. Mathematically Unbalanced Bid.A bid containing bid prices that do not reflect reasonable actual costs plus a reasonable proportionate share of the Bidder's anticipated profit,overhead costs,and other indirect costs. 3.83. Median.The portion of a divided highway separating the traffic lanes in opposite directions. 3.84. Milestone Date.The date that a specific portion of the work is to be completed,before the completion date for all work under the Contract. 3.85. Monolithic Concrete Placement.The placement of plastic concrete in such manner and sequence to prevent a construction joint. 3.86. National Holidays.January 1,the last Monday in May,July 4,the first Monday in September,the fourth Thursday in November,and December 24 or December 25. 3.87. Nonhazardous Recyclable Material.A material recovered or diverted from the nonhazardous waste stream for the purposes of reuse or recycling in the manufacture of products that may otherwise be produced using raw or virgin materials. 3.88. Nonresident Bidder.A Bidder whose principal place of business is not in Texas.This includes a Bidder whose ultimate parent company or majority owner does not have its principal place of business in Texas. 3.89. Nonresponsive Proposal.A proposal that does not meet the criteria for acceptance contained in the proposal form. 3.90. Non-Site-Specific Contracts.Contracts where a geographic region is specified for the work and work orders,with or without plans,detail the limits and work to be performed. 9 1 3.91. Notification.Either written or oral instruction to the Contractor.Voice mail is oral notification. 3.92. Pavement.That part of the roadway having a constructed surface for the use of vehicular traffic. 3.93. Pavement Structure.Combination of surface course and base course placed on a subgrade to support the traffic load and distribute it to the roadbed. 3.93.1. Surface Course.Pavement structure layers designed to accommodate the traffic load.The top layer resists skidding,traffic abrasion,and the disintegrating effects of climate and is sometimes called the wearing course. 3.93.2. Base Course.One or more layers of specified material thickness placed on a subgrade to support a surface course. 3.93.3. Subgrade.The top surface of a roadbed upon which the pavement structure,shoulders,and curbs are constructed. 3.93.4. Subgrade Treatment.Modifying or stabilizing material in the subgrade. 3.94. Payment Bond.The security executed by the Contractor and the Surety,furnished to the Department to guarantee payment of all legal debts of the Contractor pertaining to the Contract. 3.95. Performance Bond.The security executed by the Contractor and the Surety,furnished to the Department to guarantee the completion of the work in accordance with the terms of the Contract. 3.96. Plans.The drawings approved by the Engineer,including true reproductions of the drawings that show the location,character,dimensions,and details of the work and are a part of the Contract 3.97. Power of Attorney for Surety Bonds.An instrument under corporate seal appointing an attomey-in-fact to act on behalf of a Surety in signing bonds. 3.98. Prequalification.The process for determining a Contractor's eligibility to bid work. 3.99. Prequalif!cation Statement.The forms on which required information is furnished concerning the Contractor's ability to perform and finance the work. 3.100. Project-Specific Location.A material source,plant,waste site,parking area,storage area,field office, staging area,haul road,or other similar location either outside the project limits or within the project limits but not specifically addressed in the Contract. 3.101. Proposal.The offer from the Bidder submitted on the prescribed form,including addenda issued,giving unit bid prices for performing the work described in the plans and Specifications. 3.102. Proposal Form.The form printed and sent to the Bidder by the Department or printed by the Bidder from the Department's bidding system. 3.103. Proposal Guaranty.The security furnished by the Bidder as a guarantee that the Bidder will enter into a Contract if awarded the work. 3.104. Quality Assurance.Sampling,testing,inspection,and other activities conducted by the Engineer to determine payment and make acceptance decisions. 3.105. Quality Control.Sampling,testing,and other process control activities conducted by the Contractor to monitor production and placement operations. 3.106. Ramp.A section of highway for the primary purpose of making connections with other highways. 10 1 3.107. Recurring Maintenance Work Contracts.Contracts or work for which maintenance is needed at the same location on more than one occasion(e.g.,mowing contracts for which mowing cycles are requested on multiple occasions). 3.108. Referee Tests.Tests requested to resolve differences between Contractor and Engineer test results.The referee laboratory is the Construction Division. 3.109. Regular Item.A bid item contained in a proposal and not designated as an additive alternate or replacement alternate bid item. 3.110. Rental Rate Blue Book for Construction Equipment.Publication containing equipment rental rates. 3.111. Replacement Alternate.A bid item identified the proposal form that a Bidder may substitute for a specific regular item of work. 3.112. Responsive Bid.A proposal that meets all requirements of the proposal form for acceptance. 3.113. Right of Way.A general term denoting land or property devoted to transportation purposes. 3.114. Roadbed.The graded portion of a highway prepared as foundation for the pavement structure and shoulders.On divided highways,the depressed median type and the raised median type highways are considered to have 2 roadbeds.Highways with a flush median are considered to have 1 roadbed.Frontage roads are considered separate roadbeds. 3.115. Road Master.A railroad maintenance official in charge of a division of railway. 3.116. Roadside.The areas between the outside edges of the shoulders and the right of way boundaries.Unpaved median areas between inside shoulders of divided highways and areas within interchanges are included. 3.117. Roadway.The portion of the highway(including shoulders)used by the traveling public. 3.118. Routine Maintenance Contract.A Contract let through the routine maintenance contracting procedure to preserve and repair roadways,rights of way,and appurtenances. 3.119. Sandblasting,Dry.Spraying blasts of pressurized air combined with sand. 3.120. Sandblasting,Wet.Spraying blasts of pressurized water combined with sand. 3.121. Shoulder.That porton of the roadway contiguous with the traffic lanes for accommodation of stopped vehicles for emergency use or for lateral support of base and surface courses. 3.122. Shot Blasting.Spraying blasts of pressurized air combined with metal shot. 3.123. Sidewalk.Portion of the right of way constructed exclusively for pedestrian use. 3.124. Slurry Blasting.Spraying blasts of pressurized air combined with a mixture of water and abrasive media. 3.125. Special Provisions.Additions or revisions to these standard specifications or special specifications. 3.126. Special Specifications.Supplemental specifications applicable to the Contract not covered by these standard specifications. 3.127. Specifications.Directives or requirements issued or made pertaining to the method and manner of performing the work or to quantifies and qualities of materials to be furnished under the Contract.References to DMSs,ASTM or AASHTO specifications,or Department bulletins and manuals,imply the latest standard 11 1 or tentative standard in effect on the date of the proposal.The Engineer will consider incorporation of subsequent changes to these documents in accordance with Item 4,"Scope of Work." 3.128. Small Business Enterprise.A firm(including affiliates)whose annual gross receipts do not exceed the U.S. Small Business Administration's size standards for 4 consecutive years. 3.129. State.The State of Texas. 3.130. State Holiday.A holiday authorized by the State Legislature excluding optional state holidays and not listed in Section 1.3.86.,"National Holidays."A list of state holidays can be found on the Department's website. 3.131. Station.A unit of measurement consisting of 100 horizontal feet. 3.132. Subcontract.The agreement between the Contractor and subcontractor establishing the obligations of the parties for fumishing of materials and performance of the work prescribed in the Contract documents. 3.133. Subcontractor.A Subcontractor is defined as an individual,partnership,limited liability company, corporation,or any combination thereof that the Contractor sublets,or proposes to sublet,any portion of a Contract,excluding a material supplier,a hauling firm hauling only from a commercial source to the project, truck owner-operator,wholly-owned subsidiary,or specialty-type businesses such as security companies and rental companies. 3.134. Subsidiary.Materials,labor,or other elements that because of their nature or quantity have not been identified as a separate item and are included within the items on which they necessarily depend. 3.135. Substructure.The part of the structure below the bridge seats but not including,bearings,drilled shafts,or piling.Parapets,back walls,wing walls of the abutments,and drainage structures are considered parts of the substructure. 3.136. Superintendent.The representative of the Contractor who is available at all times and able to receive instructions from the Engineer or authorized Department representatives and to act for the Contractor. 3.137. Superstructure.The part of the structure above the bridge seats or above the springing lines of arches and including the bearings.Flatwork construction may be considered superstructure. 3.138. Supplemental Agreement.Written agreement entered into between the Contractor and the State and approved by the Surety,covering alterations and changes in the Contract.A supplemental agreement is used by the Department whenever the modifications include assignment of the Contract from one entity to another or other cases as desired by the Department. 3.139. Surety.The corporate body or bodies authorized to do business in Texas bound with and for the Contractor for the faithful performance of the work covered by the Contract and for the payment for all labor and material supplied in the prosecution of the work. 3.140. Surplus Materials.Any debris or material related to the Contract not incorporated into the work. 3.141. Suspension.Action taken by the Department or federal government pursuant to regulation that prohibits a person or company from entering into a Contract,or from participating as a subcontractor,or supplier of materials or equipment used in a highway improvement Contract as defined in Transportation Code, Chapter 223,Subchapter A. 3.142. Traffic Lane.The strip of roadway intended to accommodate the forward movement of a single line of vehicles. 3.143. Traveled Way.The portion of the roadway for the movement of vehicles,exclusive of shoulders and auxiliary lanes. 12 1 3.144. Truck Owner-Operator.An individual who owns and operates 1 truck for hire. 3.145. UT-Bridge.Department-owned software for steel girder erection.Software is available on the Department's website. 3.146. UT-Lift.Department-owned software for steel girder erection.Software is available on the Department's website. 3.147. Utility.Privately,publicly,or cooperatively owned lines,facilities,and systems for producing,transmitting,or distributing communications,power,heat,gas,oil,water,waste,or storm water that are not connected with the highway drainage,signal systems,or other products that directly or indirectly serve the public;the utility company. 3.148. Verification Tests.Tests used to verify accuracy of QC and QA and mixture design testing. 3.149. Water-Abrasive Blasting.Spraying blasts of pressurized water combined with abrasive media. 3.150. Water Blasting.Spraying blasts of pressurized water of at least 3,000 psi. 3.151. Water-Injected Abrasive Blasting.Abrasive blasting with water injected into the abrasive/air stream at the nozzle. 3.152. Wholly-Owned Subsidiary.A legal entity owned entirely by the Contractor or subcontractor. 3.153. Work.The furnishing of all labor,materials,equipment,and other incidentals necessary for the successful completion of the Contract. 3.154. Work Order.Written notice to the Contractor to begin the work.The work order may include the date when work and time charges will begin,the allowable number of working days,and plan sheets providing details specific to a location or to an item of work for non-site-specific work.A work order is part of the Contract. 3.155. Written Notice.Written notice is considered to have been duly given if delivered in person to the individual or member to whom it is intended or if sent by regular,registered,or certified mail and delivered to the last known business address;sent by facsimile to the last known phone number;or sent by e-mail to the last known address.The date of the letter will serve as the beginning day of notice.Unclaimed mail or failure to provide current contact information will not be considered a failure to provide written notice. 13 6 Item 6 Control of Materials r� mew�. 01 anspo „ 1. SOURCE CONTROL Use only materials that meet Contract requirements.Unless otherwise specified or approved,use new materials for the work.Secure the Engineer's approval of the proposed source of materials to be used before their delivery.Materials can be approved at a supply source or staging area but may be inspected in accordance with Article 6.4.,"Sampling,Testing,and Inspection." 1.1. Buy America.Comply with the latest provisions of Buy America as listed at 23 CFR 635.410.Use steel or iron materials manufactured in the United States except when: ■ the cost of materials,including delivery,does not exceed 0.1%of the total Contract cost or$2,500, whichever is greater, ■ the Contract contains an alternate item for a foreign source steel or iron product and the Contract is awarded based on the alternate item,or ■ the materials are temporarily installed. Submit a notarized original of the FORM D-9-USA-1 (Department Form 1818)with the proper attachments for verification of compliance. Manufacturing is any process that modifies the chemical content,physical shape or size,or final finish of a product.Manufacturing begins with initial melting and mixing and continues through fabrication(cutting, drilling,welding,bending,etc.)and coating(paint,galvanizing,epoxy,etc.). 1.2. Buy Texas.For construction or maintenance Contracts without federal funds,buy materials produced in Texas when the materials are available at a comparable price and in a comparable period of time.Provide documentation of purchases or a description of good-faith efforts on request. 2. MATERIAL QUALITY Correct or remove materials that fail to meet Contract requirements or that do not produce satisfactory results.Reimburse the Department for cost incurred if additional sampling and testing is required by a change of source. Materials not meeting Contract requirements will be rejected,unless the Engineer approves corrective actions.Upon rejection,immediately remove and replace rejected materials. If the Contractor does not comply with this Article,the Department may remove and replace defective material.The cost of testing,removal,and replacement will be deducted from the payments due to the Contractor. 3. MANUFACTURER WARRANTIES Transfer to the Department warranties and guarantees required by the Contract or received as part of normal trade practice. 36 6 4. SAMPLING,TESTING,AND INSPECTION Incorporate into the work only material that has been inspected,tested,and accepted by the Department. Remove,at the Contractor's expense,materials from the work locations that are used without prior testing and approval or written permission of the Engineer. The material requirements and standard test methods in effect at the time the proposed Contract is advertised govern.Unless otherwise noted,the Department will perform testing at its expense. In addition to facilities and equipment required by the Contract,furnish facilities and calibrated equipment required for tests to control the manufacture of construction items.If requested,provide a complete written statement of the origin,composition,and manufacture of materials. All materials used are subject to inspection or testing at any time during preparation or use.Material which has been tested and approved at a supply source or staging area may be inspected or tested before or during incorporation into the work,and rejected if it does not meet Contract requirements.Copies of test results are available upon request.Do not use material that,after approval,becomes unfit for use. Unless otherwise noted in the Contract,all testing must be performed within the United States and witnessed by the Engineer.If materials or processes require testing outside the contiguous 48 United States,reimburse the Department for inspection expenses. 5. PLANT INSPECTION AND TESTING The Engineer may but is not obligated to inspect materials at the acquisition or manufacturing source. Material samples will be obtained and tested for compliance with quality requirements.Materials produced under Department inspection are for Department use only unless released in writing by the Engineer. If inspection is at the plant, meet the following conditions unless otherwise specified: ■ cooperate fully and assist the Engineer during the inspection, ■ ensure the Engineer has full access to all parts of the plant used to manufacture or produce materials, ■ provide a facility at the plant for use by the Engineer as an office or laboratory, ■ provide and maintain adequate safety measures and restroom facilities,and ■ furnish and calibrate scales,measuring devices,and other necessary equipment. The Engineer may provide inspection for periods other than daylight hours if: ■ continuous production of materials for Department use is necessary due to the production volume being handled at the plant,and ■ the lighting is adequate to allow satisfactory inspection. 6. STORAGE OF MATERIALS Store and handle materials to preserve their quality and fitness for the work.Store materials so that they can be easily inspected and retested.Place materials under cover,on wooden platforms,or on other hard,dean surfaces as necessary or when directed. Obtain approval to store materials on the right of way.Storage space off the right of way is at the Contractor's expense. 7. DEPARTMENT-FURNISHED MATERIAL The Department will supply materials as shown on the plans.The cost of handling and placing materials supplied by the Department will not be paid for directly but will be subsidiary to the Item in which they are used.Assume responsibility for materials upon receipt. 37 6 8. USE OF MATERIALS FOUND ON THE RIGHT OF WAY Material found in the excavation areas and meeting the Department's specifications may be used in the work. This material will be paid for at the Contract bid price for excavation and under the Item for which the material is used. Do not excavate or remove any material from within the right of way that is not within the limits of the excavation without written permission.If excavation is allowed within a right of way project-specific location, replace the removed material with suitable material at no cost to the Department as directed. 9. RECYCLED MATERIALS The Department will not allow hazardous wastes,as defined in 30 TAC 335,proposed for recycling.Use nonhazardous recyclable materials(NRMs)only if the specification for the Item does not disallow or restrict use.Determine if NRMs are regulated under 30 TAC 312,330,332,334,or 335,and comply with all general prohibitions and requirements.Use NRMs in accordance with DMS-11000,"Evaluating and Using Nonhazardous Recyclable Materials Guidelines,"and furnish all documentation in the manner prescribed by the Department. 10. HAZARDOUS MATERIALS Comply with the requirements of Article 7.12.,"Responsibility for Hazardous Materials." The Department is responsible for testing,removing,and disposing of hazardous materials not introduced by the Contractor,except for paint removal associated with Item 446,"Field Cleaning and Painting Steel,"Item 776,"Metal Rail Repair,"and Item 784,"Steel Member Repair."The plans will indicate locations where paint on steel is suspected to contain hazardous materials.The Engineer may suspend work wholly or in part during the testing,removing,or disposing of hazardous materials,except in the case where hazardous materials are introduced by the Contractor. Use materials that are free of hazardous materials.Notify the Engineer immediately if materials are suspected to contain hazardous materials.If materials delivered to the project by the Contractor are suspected to contain hazardous materials,have an approved commercial laboratory test the materials for contamination.Remove,remediate,and dispose of any of these materials found to be contaminated.The work required to comply with this section will be at the Contractor's expense.Working day charges will not be suspended and extensions of working days will not be granted for activities related to handling hazardous material introduced by the Contractor. 10.1. Painted Steel Requirements. Paint containing hazardous materials will be removed as shown on the plans. 10.1.1. Paint Removed by Third Party.The Department will provide a third party to remove paint containing hazardous materials where paint must be removed to perform work when dismantling steel under Item 496, "Removing Structures." 10.1.2. Paint Removed by the Contractor.This work may only be performed by a firm or company with one of the following certifications unless otherwise shown on the plans: ■ SSPC-QP2 Category A certification for lead painting operations,or ■ Certified Lead Firm by the Texas Department of State Health Services. Maintain certifications for the duration of the Contract.Provide copies of audits and certification to the Engineer. Comply with worker and public safety regulations including but not limited to 29 CFR Parts 1910, 1925,and 1926.Monitor permissible exposure limits in accordance with OSHA requirements. 38 6 Remove paint containing hazardous materials from designated areas shown on the plans or as directed by the Engineer.Comply with access limitations shown on the plans. Provide power hand tools,equipped with high-efficiency particulate air filter vacuums to mechanically remove paint unless otherwise approved. Contain,collect,store,transport,and dispose of all waste generated by cleaning operation in accordance with local,state and federal requirements including 40 CFR 302. Properly characterize and dispose of all wastes. Manage wastes in accordance with regulatory requirements and dispose in a facility authorized to accept such wastes.Provide copies of disposal manifests to the Engineer. Refer to Item 446,"Field Cleaning and Painting Steel"for measurement and payment. 10.2. Removal and Disposal of Painted Steel.Painted steel will be disposed of at a steel recycling or smelting facility unless otherwise shown on the plans.If the paint contains hazardous materials,maintain and make available to the Engineer invoices and other records obtained from the facility showing the received weight of the steel and the facility name. Refer to Item 496,"Removing Structures"and Item 497,"Sale of Salvageable Material"for measurement and payment. 10.3. Asbestos Requirements.The plans will indicate locations or elements where asbestos containing materials (ACM)are present.Notify the Engineer of proposed dates of demolition or removal of structural elements with ACM at least 60 days before beginning work. The Department of State Health Services(DSHS),Asbestos Programs Branch,is responsible for administering the requirements of the National Emissions Standards for Hazardous Air Pollutants,40 CFR Part 61,Subpart M and the Texas Asbestos Health Protection Rules(TAHPR).Based on EPA guidance and regulatory background information,bridges are considered to be a regulated"facility"under NESHAP. Therefore,federal standards for demolition and renovation apply. The Department is required to notify the DSHS at least 10 working days(by postmarked date)before initiating demolition or renovation of each structure or load bearing member shown on the plans.If the actual demolition or renovation date is changed or delayed,notify the Engineer in writing of the revised dates in sufficient time to allow for the Department's notification to DSHS to be postmarked at least 10 days in advance of the actual work. Failure to provide the above information may require the temporary suspension of work under Article 8.4., "Temporary Suspension of Work or Working Day Charges,"due to reasons under the control of the Contractor.The Department retains the right to determine the actual advance notice needed for the change in date to address post office business days and staff availability. 10.3.1. Asbestos Removed by Third Party.At locations where unknown ACM is discovered,the Department will arrange for abatement by a third party. 10.3.2. Asbestos Removed by the Contractor.Maintain certification as Asbestos Abatement Contractor by the Texas Department of State Health Services for the duration of the Contract.Provide copies of audits and certification to the Engineer. 10.4. Work Performed by a Third Party.When the work for removal of paint or asbestos abatement is to be provided by a third party,coordinate and cooperate with the third party and the Department.Continue other work detailed in the plans not directly involved in the paint removal or asbestos abatement work.Provide notice to the Department regarding the progress of the work to allow the Department sufficient time to schedule the third party work. 39 6 11. SURPLUS MATERIALS Take ownership of surplus materials unless otherwise shown on the plans or directed.Remove and dispose of materials in accordance with federal,state,and local regulations. If requested,provide an appropriate level of documentation to verify proper disposal.When materials are disposed of on private property,provide written authorization from the property owner for the use of the property for this purpose upon request. 40 500 Item 500 Mobilization jr0if TzkT.n. , 1. DESCRIPTION Establish and remove offices,plants,and facilities.Move personnel,equipment,and supplies to and from the project or the vicinity of the project site to begin work or complete work on Contract Items.Bonds and insurance are required for performing mobilization. For Contracts with emergency mobilization,provide a person and method of contact available 24 hrs.a day, 7 days a week unless otherwise shown on the plans.The time of notice will be the transmission time of the written notice or notice provided orally by the Department's representative. 2. MEASUREMENT This Item will be measured by the lump sum or each as the work progresses.Mobilization is calculated on the base bid only and will not be paid for separately on any additive alternate items added to the Contract. 3. PAYMENT For this Item,the adjusted Contract amount will be calculated as the total Contract amount less the lump sum for mobilization.Except for Contracts with callout or emergency work,mobilization will be paid in partial payments as follows: ■ Payment will be made upon presentation of a paid invoice for the payment or performance bonds and required insurance, ■ Payment will be made upon verification of documented expenditures for plant and facility setup.The combined amount for all these facilities will be no more than 10%of the mobilization lump sum or I%of the total Contract amount,whichever is less, ■ When 1%of the adjusted Contract amount for construction Items is earned,50%of the mobilization lump sum bid or 5%of the total Contract amount,whichever is less,will be paid.Previous payments under this Item will be deducted from this amount, ■ When 5%u of the adjusted Contract amount for construction Items is earned,75%of the mobilization lump sum bid or 10%of the total Contract amount,whichever is less,will be paid. Previous payments under the Item will be deducted from this amount, ■ When 10%of the adjusted Contract amount for construction Items is earned,90%of the mobilization lump sum bid or 10%of the total Contract amount,whichever is less,will be paid.Previous payments under this Item will be deducted from this amount, ■ Upon final acceptance,97%of the mobilization lump sum bid will be paid.Previous payments under this Item will be deducted from this amount,and ■ Payment for the remainder of the lump sum bid for"Mobilization"will be made after all submittals are received,final quantities have been determined and when any separate vegetative establishment and maintenance,test,and performance periods provided for in the Contract have been successfully completed. For projects with extended maintenance or performance periods,payment for the remainder of the lump sum bid for"Mobilization"will be made 6 months after final acceptance. 1 500 For Contracts with callout or emergency work,"Mobilization,"will be paid as follows: ■ Payment will be made upon presentation of a paid invoice for the payment of performance bonds and required insurance, ■ Mobilization for callout work will be paid for each callout work request,and ■ Mobilization for emergency work will be paid for each emergency work request. 2 502 Item 502 Barricades, Signs, and Traffic Handling of r.� «, 1. DESCRIPTION Provide,install,move,replace,maintain,clean,and remove all traffic control devices shown on the plans and as directed. 2. CONSTRUCTION Comply with the requirements of Article 7.2.,"Safety." Implement the traffic control plan(TCP)shown on the plans. Install traffic control devices straight and plumb.Make changes to the TCP only as approved.Minor adjustments to meet field conditions are allowed. Submit Contractor-proposed TCP changes,signed and sealed by a licensed professional engineer,for approval.The Engineer may develop,sign,and seal Contractor-proposed changes.Changes must conform to guidelines established in the TMUTCD using approved products from the Department's Compliant Work Zone Traffic Control Device List. Maintain traffic control devices by taking corrective action when notified.Corrective actions include,but are not limited to,cleaning,replacing,straightening,covering,and removing devices.Maintain the devices such that they are properly positioned and spaced,legible,and have retroreflective characteristics that meet requirements day or night and in all weather conditions. The Engineer may authorize or direct in writing the removal or relocation of project limit advance warning signs.When project limit advance warning signs are removed before final acceptance,provide traffic control in accordance with the TMUTCD for minor operations as approved. Remove all traffic control devices upon completion of the work as shown on the plans or as directed. 3. MEASUREMENT Barricades,Signs,and Traffic Handling will be measured by the month.Law enforcement personnel with patrol vehicles will be measured by the hour for each person. 4. PAYMENT 4.1. Barricades,Signs,and Traffic Handling.Except for Contracts with callout work and work orders,the work performed and materials furnished in accordance with this Item and measured as provided under "Measurement"will be paid for at the unit price bid for"Barricades,Signs,and Traffic Handling."This price is full compensation for installation,maintenance,adjustments,replacements,removal,materials,equipment, labor,tools,and incidentals. The work performed and materials furnished in accordance with this Item and measured as provided under "Measurement"will be paid for at the unit price bid for"Barricades,Signs,and Traffic Handling."This price is full compensation for installation,maintenance,adjustments,replacements,removal,materials,equipment, labor,tools,and incidentals. 1 502 When the plans establish pay items for particular work in the TCP,that work will be measured and paid under pertinent Items. 4.1.1. Initiation of Payment.Payment for this Item will begin on the first estimate after barricades,signs,and traffic handling devices have been installed in accordance with the TCP and construction has begun. 4.1.2. Paid Months.Monthly payment will be made each succeeding month for this Item provided the barricades, signs,and traffic handling devices have been installed and maintained in accordance with the TCP until the Contract amount has been paid. If,within the time frame established by the Engineer,the Contractor fails to provide or properly maintain signs and barricades in compliance with the Contract requirements,as determined by the Engineer,the Contractor will be considered in noncompliance with this Item.No payment will be made for the months in question,and the total final payment quantity will be reduced by the number of months the Contractor was in noncompliance. 4.1.3. Maximum Total Payment Before Acceptance.The total payment for this Item will not exceed 10%of the total Contract amount before final acceptance in accordance with Article 5.12.,"Final Acceptance."The remaining balance will be paid in accordance with Section 502.4.1.5.,"Balance Due." 4.1.4. Total Payment Quantity.The quantity paid under this Item will not exceed the total quantity shown on the plans except as modified by change order and as adjusted by Section 502.4.1.2.,"Paid Months."An overrun of the plans quantity for this Item will not be allowed for approving designs;testing;material shortages; closed construction seasons;curing periods;establishment,performance,test,and maintenance periods; failure to complete the work in the number of months allotted;nor delays caused directly or indirectly by requirements of the Contract. 4.1.5. Balance Due.The remaining unpaid months of barricades less non-compliance months will be paid on final acceptance of the project,if all work is complete and accepted in accordance with Article 5.12.,"Final Acceptance." 4.1.6. Contracts with Callout Work and Work Orders.The work performed and the materials furnished with this Item and measured as provided under"Measurement,"will be considered subsidiary to pertinent Items, except for federally funded Contracts. 4.2. Law Enforcement Personnel.The work performed and materials furnished in accordance with this Item and measured as provided under"Measurement,"will be paid by Contractor force account for"Law Enforcement Personnel."This price is full compensation for furnishing all labor,materials,supplies,equipment,patrol vehicle,fees,and incidentals necessary to complete the work as directed. 2 618 Item 618 Conduit 1. DESCRIPTION Furnish and install conduit 2. MATERIALS Provide new materials that comply with the details shown on the plans,the requirements of this Item,and the pertinent requirements of the following Items: ■ Item 400,"Excavation and Backfill for Structures" ■ Item 476,"Jacking,Boring,or Tunneling Pipe or Box" When specified on the plans,provide: ■ rigid metal conduit(RMC); ■ intermediate metal conduit(IMC); ■ electrical metallic tubing(EMT); ■ polyvinyl chloride(PVC)conduit; ■ high density polyethylene(HDPE)conduit; ■ liquidtight flexible metal conduit(LFMC);or ■ liquidtight flexible nonmetallic conduit(LFNC). Fumish conduit from new materials in accordance with DMS-11030,"Conduit." Provide prequalified conduit from the Department's MPL.When required by the Engineer,notify the Department in writing of selected materials from the MPL intended for use on each project Provide other types of conduit not on the MPL that comply with the details shown on the plans and the NEC. Fabricate fittings such as junction boxes and expansion joints from a material similar to the connecting conduit,unless otherwise shown on the plans.Use watertight fittings.Do not use set screw and pressure-cast fittings.Steel compression fittings are permissible.When using HDPE conduit,provide fittings that are UL-listed as electrical conduit connectors or thermally fused using an electrically heated wound wire resistance welding method. Use red 3-in.4-mil polyethylene underground warning tape that continuously states"Caution Buried Electrical Line Below." 3. CONSTRUCTION Perform work in accordance with the details shown on the plans and the requirements of this Item. Use established industry and utility safety practices when installing conduit located near underground utilities.Consult with the appropriate utility company before beginning work. Install conduit a minimum of 18 in.deep below finished grade unless otherwise shown on the plans.Meet the requirements of the NEC when installing conduit. Secure and support conduit placed for concrete encasement in such a manner that the alignment will not be disturbed during placement of the concrete.Cap ends of conduit and close box openings before concrete is placed. 783 618 Ream conduit to remove burrs and sharp edges.Use a standard conduit cutting die with a 3/4-in.taper per foot when conduit is threaded in the field.Fasten conduit placed on structures with conduit straps or hangers as shown on the plans or as directed.Fasten conduit within 3 ft.of each box or fitting and at other locations shown on the plans or as directed.Use metal conduit clamps that are galvanized malleable or stainless steel unless otherwise shown on the plans.Use 2-hole type clamps for 2-in.diameter or larger conduit. Fit PVC and HDPE conduit terminations with bushings or bell ends.Fit metal conduit terminations with a grounding type bushing,except conduit used for duct cable casing that does not terminate in a ground box and is not exposed at any point.Conduit terminating in threaded bossed fittings does not need a bushing. Before installation of conductors or final acceptance,pull a properly sized mandrel or piston through the conduit to ensure that it is free from obstruction.Cap or plug empty conduit placed for future use. Perform trench excavation and backfilling as shown on the plans or as directed,and in accordance with Item 400,"Excavation and Backfill for Structures."Excavation and backfilling will be subsidiary to the installation of the conduit. Jack and bore as shown on the plans or as directed,and in accordance with Item 476,"Jacking, Boring,or Tunneling Pipe or Box." Place warning tape approximately 10 in.above trenched conduit.Where existing surfacing is removed for placing conduit,repair by backfilling with material equal in composition and density to the surrounding areas and by replacing any removed surfacing,such as asphalt pavement or concrete riprap,with like material to equivalent condition.Mark conduit locations as directed. 4. MEASUREMENT This Item will be measured by the foot of conduit. This is a plans quantity measurement Item.The quantity to be paid is the quantity shown in the proposal, unless modified by Article 9.2.,'Plans Quantity Measurement."Additional measurements or calculations will be made if adjustments of quantities are required. 5. PAYMENT The work performed and materials furnished in accordance with this Item and measured as provided under "Measurement"will be paid for at the unit price bid for"Conduit"of the type and size specified and the installation method specified as applicable.This price is full compensation for furnishing and installing conduit;hanging,strapping,jacking,boring,tunneling,trenching,and furnishing and placing backfill; encasing in steel or concrete;replacing pavement structure,sod,riprap,curbs,or other surface;marking location of conduit(when required);furnishing and installing fittings,junction boxes,and expansion joints; and materials,equipment,labor,tools,and incidentals. Flexible conduit will not be paid for directly but will be subsidiary to pertinent Items.Unless otherwise shown on the plans,no payment will be allowed under this Item for conduit used on electrical services or in foundations. 784 620 Item 620 Electrical Conductors 1. DESCRIPTION Furnish and install electrical conductors,except conductors specifically covered by other Items. 2. MATERIALS Provide new materials that comply with the details shown on the plans and the requirements of this Item.Use stranded insulated conductors that are rated for 600 volts;approved for wet locations;and marked in accordance with UL,NEC,and CSA requirements.Furnish electrical conductors in accordance with DMS-11040,"Electrical Conductors." Provide prequalified electrical conductors from the Department's MPL.When required by the Engineer,notify the Department in writing of selected materials from the MPL intended for use on each project. Ensure all grounding conductors size 8 AWG and larger are stranded,except for the grounding electrode conductor at the electrical service,which will be a solid conductor. Use white insulation for grounded(neutral)conductors,except grounded conductors size 4 AWG and larger may be black with white tape marking at every accessible location.Do not use white insulation or marking for any other conductor except control wiring specifically shown on the plans. Ensure insulated grounding conductors are green except insulated grounding conductors size 4 AWG and larger may be black with green tape marking at every accessible location.Do not use green insulation or marking for any other conductor except control wiring specifically shown on the plans. 3. CONSTRUCTION Perform work in accordance with the details shown on the plans and the requirements of this Item. Splice conductors only in junction boxes,ground boxes,and transformer bases,and in poles and structures at the handholes.Splice as shown on the plans.Do not exceed the manufacturer's recommended pulling tension.Use lubricant as recommended by the manufacturer.Install conductors in accordance with the NEC. Make insulation resistance tests on the conductors before making final connections,and ensure each continuous run of insulated conductor has a minimum DC resistance of 5 megohms when tested at 1,000 volts DC.The Engineer may require verification testing of all or part of the conductor system.The Engineer will witness these verification tests.Replace conductors exhibiting an insulation resistance of less than 5 megohms at no additional cost to the Department. 4. MEASUREMENT This Item will be measured by the foot of each single conductor. This is a plans quantity measurement Item.The quantity to be paid is the quantity shown in the proposal, unless modified by Article 9.2.,"Plans Quantity Measurement."Additional measurements or calculations will be made if adjustments of quantities are required. 785 620 5. PAYMENT The work performed and materials furnished in accordance with this Item and measured as provided under 'Measurement'will be paid for at the unit price bid for"Electrical Conductors"of the types and sizes specified.This price is full compensation for furnishing,installing,and testing electrical conductors;furnishing and installing breakaway connectors;and for materials,equipment,labor,tools,and incidentals,except: ■ conductors used in connecting the components of electrical services will be paid for under Item 628, "Electrical Services"; ■ conductors inside roadway illumination assemblies will be paid for under Item 610,"Roadway Illumination Assemblies"; ■ conductors inside of traffic signal pole assemblies will be paid for under this Item;and ■ conductors used for internal wiring of equipment will not be paid for directly but will be subsidiary to pertinent Items. 786 621 Item 621 -- - Tray Cable 1. DESCRIPTION Furnish and install tray cable. 2. MATERIALS Provide new materials that comply with the details shown on the plans and meet the requirements of Item 620,"Electrical Conductors." Furnish tray cable from new materials in accordance with DMS-11050,"Tray Cable." Provide prequalified tray cable from the Department's MPL.When required by the Engineer,notify the Department in writing of selected materials from the MPL intended for use on each project. 3. CONSTRUCTION Perform work in accordance with the details shown on the plans and the requirements of this Item. Provide an additional 5 ft.of cable coiled in each ground box when installing cable in underground conduit. Splice tray cable conductors only at locations shown on the plans. Obtain the Engineer's written approval for each splice.Ensure allowed splices are watertight.Test the cable's conductors after installation and before any connection.Remove and replace tray cable exhibiting a DC insulation resistance of less than 5 megohms at 1,000 volts DC at no additional cost to the Department. 4. MEASUREMENT This Item will be measured by the foot of tray cable. This is a plans quantity measurement Item.The quantity to be paid is the quantity shown in the proposal unless modified by Article 9.2., "Plans Quantity Measurement."Additional measurements or calculations will be made if adjustments of quantities are required. 5. PAYMENT The work performed and materials furnished in accordance with this Item and measured as provided under "Measurement"will be paid for at the unit price bid for"Tray Cable"of the types and sizes specified.This price is full compensation for furnishing and installing materials and for equipment,labor,tools,and incidentals. 787 628 Item 628 Electrical Services of ransporWbon 1. DESCRIPTION ■ Installation.Furnish and install electrical services. ■ Relocation.Relocate existing electrical services. ■ Removal.Remove existing electrical services. 2. MATERIALS Provide materials that comply with the details shown on the plans,the requirements of this Item,and the pertinent requirements of the following Items: ■ Item 441,"Steel Structures" ■ Item 445,"Galvanizing" ■ Item 449,"Anchor Bolts" ■ Item 618,"Conduit" ■ Item 620,"Electrical Conductors" ■ Item 627,"Treated Timber Poles" ■ Item 656,"Foundations for Traffic Control Devices" For the installation of electrical services,use new materials that meet the requirements of the NEC, UL,CSA, and NEMA,and are in accordance with DMS-11080, "Electrical Services." Provide prequalified electrical services prequalified from the Department's MPL.When required by the Engineer,notify the Department in writing of selected materials from the MPL intended for use on each project. 3. CONSTRUCTION Perform work in accordance with the details shown on the plans and the requirements of this Item.Use established industry and utility safety practices when installing,relocating,or removing electrical services located near overhead or underground utilities.Consult with the appropriate utility company before beginning work. 3.1. Installation.Furnish and install electrical service equipment.Ensure components of the electrical service meet the requirements of the Electrical Detail Standards.Follow NEC and local utility company requirements when installing the electrical equipment.Coordinate the utility companies'work for providing service. 3.2. Relocation.Coordinate relocation with the appropriate utility company before beginning work.Remove existing electrical service according to"Removal"under this Item.Reinstall existing electrical service according to"Installation"of this Item.Replace or add circuit breakers as noted on the plans. 3.3. Removal.Coordinate removal with the appropriate utility company before beginning work.Before the removal of the electrical service,disconnect and isolate any existing electrical service equipment in accordance with the utility company's requirements. Remove existing electrical service support a minimum of 2 ft.below finish grade unless otherwise shown on the plans.Repair the remaining hole by backfilling with material equal in composition and density to the surrounding area.Replace any surfacing such as asphalt pavement or concrete riprap with like material to equivalent condition. 795 628 Disconnect conductors and remove them from the conduit.Cut off all protruding conduit 6 in.below finished grade.Abandoned conduit need not be removed unless shown on the plans. Reconnect conductors and conduit to be reused when shown on the plans.Make all splices in ground boxes unless otherwise shown on the plans. Accept ownership of unsalvageable materials,and dispose of them in accordance with federal,state,and local regulations. 4. MEASUREMENT This Item will be measured by each electrical service installed,relocated,or removed. 5. PAYMENT The work performed and materials furnished in accordance with this Item and measured as provided under "Measurement"will be paid for at the unit price bid for"Electrical Services"of the types specified,"Relocate Electrical Services,"or"Remove Electrical Services." 5.1. Installation.This price is full compensation for paying all fees,permits,and other costs;making arrangements with the utility company for all work and materials provided by the utility company;furnishing, installing,and connecting all components including poles,service supports,foundations,anchor bolts,riprap, enclosures,switches,breakers,service conduit(from the service equipment including the elbow below ground),fittings,service conductors(from the service equipment including the elbow below ground), brackets,bolts,hangers,hardware;and materials,equipment,labor,tools,and incidentals. Costs for utility-owned power line extensions,connection charges,meter charges,consumption charges,and other charges will be paid for by the Department.The Department will reimburse the Contractor the amount billed by the utility plus an additional 5%of the invoice cost will be paid for labor,equipment,administrative costs,superintendence,and profit. 5.2. Relocation.This price is full compensation for disconnecting and isolating the existing electrical service; relocating the service supports;new service support foundation;backfilling holes;paying all fees,permits, and other costs;making arrangements with the utility company for all work and materials provided by the utility company;removing,disconnecting,installing,and connecting all components including poles,service supports,foundations,anchor bolts,riprap,enclosures,switches,breakers,service conduit(from the service equipment including the elbow below ground),fittings,service conductors(from the service equipment including the elbow below ground),brackets,bolts,hangers,hardware;and materials,equipment,labor, tools,and incidentals. Costs for utility-owned power line extensions,connection charges,meter charges,consumption charges,and other charges will be paid for by the Department.The Department will reimburse the Contractor the amount billed by the utility plus an additional 5%of the invoice cost will be paid for labor,equipment,administrative costs,superintendence,and profit. 5.3. Removal.This price is full compensation for coordinating with the utility company to disconnect and isolate the electrical service:removing the service supports;backfilling holes;and materials,equipment,labor,tools, and incidentals. 796 644 Item 644 _A*0 Small Roadside Sign Assemblies Z-f , 1, DESCRIPTION ■ Installation.Furnish,fabricate,and erect small roadside sign assemblies or bridge mounted clearance sign assemblies consisting of the signs,sign supports,foundations(when required),and associated mounting hardware. ■ Relocation.Relocate existing small roadside sign assemblies or bridge mounted clearance sign assemblies,and furnish and fabricate material as required. ■ Removal.Remove existing small roadside sign assemblies or bridge mounted clearance sign assemblies. 2. MATERIALS Furnish all materials unless otherwise shown on the plans.Furnish only new materials.Furnish and fabricate materials that comply with the following Items and details shown on the plans: ■ Item 421,"Hydraulic Cement Concrete" ■ Item 440,'Reinforcement for Concrete" ■ Item 441,"Steel Structures" ■ Item 442,"Metal for Structures" ■ Item 445,"Galvanizing" ■ Item 636,"Signs" ■ Item 643,"Sign Identification Decals" ■ Item 656,"Foundations for Traffic Control Devices" Use galvanized steel,stainless steel,dichromate sealed aluminum,or other materials shown on the plans for pipe,bolts,nuts,washers,lock washers,screws,and other sign assembly hardware.When dissimilar metals are used,select or insulate metals to prevent corrosion. 3. CONSTRUCTION Construct foundations in accordance with Item 656,"Foundations for Traffic Control Devices."Plumb sign supports.Do not spring or rake posts to secure proper alignment.Use established safety practices when working near underground or overhead utilities.Consult the appropriate utility company before beginning work. 3.1. Fabrication.Fabricate sign supports in accordance with Item 441,"Steel Structures."Ensure all components fit properly. Verify the length of each post for each sign before fabrication to meet field conditions and sign-mounting heights shown on the plans. Hot-dip galvanize fabricated parts in accordance with Item 445,"Galvanizing."Punch or drill any holes in steel parts or members before galvanizing.Repair galvanizing for any steel part or member damaged during assembly,transit,erection;or for any steel part or member welded,when permitted,after galvanizing. Perform all galvanizing repairs in accordance with Section 445.3.5.,"Repairs." 802 644 3.2. Installation.Locate and install sign supports as shown on the plans,unless directed to shift the sign supports within design guidelines to secure a more desirable location or avoid conflict with utilities and underground appurtenances.Stake sign support locations for verification by the Engineer. Install stub posts of the type,spacing,orientation,and projection shown on the plans.Remove and replace posts damaged during installation at the Contractor's expense. Connect the upper post sections to the stub post sections as shown on the plans.Torque connection bolts as shown on the plans. Attach signs to supports in accordance with the plans and pertinent Items. 3.3. Relocation.Reuse the existing signs as required unless otherwise shown on the plans.Furnish and install new stub posts in new foundations for relocated sign assemblies.Erect the new supports on the new stub posts,and attach the existing signs to the supports in accordance with the plans and pertinent Items. Remove existing foundations to be abandoned in accordance with Section 644.3.4.,'Removal." 3.4. Removal.Remove abandoned concrete foundations to 2 ft.below finish grade unless otherwise shown on the plans.Cut off and remove steel protruding from the remaining concrete.Backfill the remaining hole with material equal in composition and density to the surrounding area.Replace any surfacing with like material to equivalent condition. 3.5. Handling and Storage.Handle and store existing signs or portions of signs removed so they are not damaged.Prevent any damage to the various sign assembly components.Replace any portion of the sign damaged by the Contractor designated for reuse or salvage,including messages removed. Stockpile all removed sign components that will be reused or become the property of the Department at designated locations.Accept ownership of unsalvageable materials,and dispose of them in accordance with federal,state,and local regulations. 3.6. Cleaning.Wash the entire sign after installation with a biodegradable cleaning solution acceptable to the sign face materials manufacturer to remove dirt,grease,oil smears,streaks,finger marks,and other foreign materials. 4. MEASUREMENT This Item will be measured as each small roadside assembly or bridge mounted clearance sign assembly installed,removed,or relocated. 5. PAYMENT The work performed and materials furnished in accordance with this Item and measured as provided under "Measurement"will be paid for at the unit price bid for"Install Small Roadside Sign Assemblies'of the type specified,'Install Bridge Mounted Clearance Sign Assemblies"of the type specified,'Relocate Small Roadside Sign Assemblies"of the type specified,"Relocate Bridge Mounted Clearance Sign Assemblies"of the type specified,'Remove Small Roadside Sign Assemblies,"or"Remove Bridge Mounted Clearance Sign Assemblies." 5.1. Installation.This price is full compensation for furnishing,fabricating,galvanizing,and erecting the supports; constructing foundations including concrete(when required):furnishing complete signs including sign connections and all hardware;attaching the signs to the supports;preparing and cleaning the signs;and materials,equipment,labor,tools,and incidentals. 5.2. Relocation.This price is full compensation for removing existing sign assemblies and related materials; furnishing and installing new stub posts and new sign supports;constructing foundations including concrete (when required);and new hardware;reinstallation of signs;preparing and cleaning the signs;salvaging; 803 644 disposal of unsalvageable materials;removing existing foundations,backfilling,and surface placement;and materials,equipment,labor,tools,and incidentals. 5.3. Removal.This price is full compensation for removing existing sign assemblies and related materials; salvaging;disposal of unsalvageable materials;removing existing foundations,backfilling,and surface placement;and materials,equipment,labor,tools,and incidentals. 804 666 Item 666 t Retroreflectorized Pavement Markings rT .aepartmentran portation 1. DESCRIPTION Furnish and place retroreflectorized, non-retroreflectorized(shadow)and profile pavement markings. 2. MATERIALS 2.1. Type I Marking Materials.Furnish in accordance with DMS-8220,"Hot Applied Thermoplastic." Furnish pavement marking material used for Type I profile markings and shadow markings that have been approved by the Construction Division,and in accordance with DMS-8220,"Hot Applied Thermoplastic." 2.2. Type II Marking Materials.Furnish in accordance with DMS-8200,"Traffic Paint." 2.3. Glass Traffic Beads.Furnish drop-on glass beads in accordance with DMS-8290,"Glass Traffic Beads"or as approved. Furnish a double-drop of Type II and Type III drop-on glass beads where each type bead is applied separately in equal portions(by weight),unless otherwise approved.Apply the Type III beads before applying the Type II beads. 2,4. Labeling.Use clearly marked containers that indicate color. mass,material type, manufacturer, and batch number. 3. EQUIPMENT 3.1. General Requirements. Use equipment that: ■ is maintained in satisfactory condition, ■ meets or exceeds the requirements of the National Board of Fire Underwriters and the Texas Railroad Commission for this application, ■ applies beads by an automatic bead dispenser attached to the pavement marking equipment in such a manner that the beads are dispensed uniformly and almost instantly upon the marking as the marking is being applied to the road surface.The bead dispenser must have an automatic cut-off control. synchronized with the cut-off of the pavement marking equipment, ■ has an automatic cut-off device with manual operating capabilities to provide clean,square marking ends, ■ is capable of producing the types and shapes of profiles specified, and ■ can provide continuous mixing and agitation of the pavement marking material.The use of pans,aprons, or similar appliances which the die overruns will not be permitted for longitudinal striping applications. Provide a hand-held thermometer capable of measuring the temperature of the marking material when applying Type I material. When pavement markings are required to meet minimum retroreflectivity requirements on the plans: ■ Use a mobile retroreflectometer approved by the Construction Division and certified by the Texas A&M Transportation Institute Mobile Retroreflectometer Certification Program. ■ Use a portable retroreflectometer that: • uses 30-meter geometry and meets the requirements described in ASTM E1710, • has either an internal global positioning system(GPS)or the ability to be linked with an external GPS with a minimum accuracy rating of 16 ft.5 in.,in accordance with the circular error probability 821 666 (CEP)method(CEP is the radius of the circle with its origin at a known position that encompasses 50%of the readings returned from the GPS instrument); • can record and print the GPS location and retroreflectivity reading for each location where readings are taken. 3.2. Material Placement Requirements.Use equipment that can place: ■ at least 40,000 ft.of 4-in.solid or broken non-profile markings per working day at the specified thickness; ■ at least 15,000 ft.of solid or broken profile pavement markings per working day at the specified thickness; ■ linear non-profile markings up to 8 in.wide in a single pass; ■ non-profile pavement markings other than solid or broken lines at an approved production rate; ■ a centerline and no-passing barrier-line configuration consisting of 1 broken line and 2 solid lines at the same time to the alignment,spacing,and thickness for non-profile pavement markings shown on the plans; ■ solid and broken lines simultaneously; ■ white line from both sides; ■ lines with clean edges,uniform cross-section with a tolerance of±1/8 in.per 4 in.width,uniform thickness,and reasonably square ends; ■ skip lines between 10 and 10-1/2 ft.,a stripe-to-gap ratio of 10 to 30,and a stripe-gap cycle between 39-1/2 ft,and 40-1/2 ft.,automatically; ■ beads uniformly and almost instantly on the marking as the marking is being applied; ■ beads uniformly during the application of all lines(each line must have an equivalent bead yield rate and embedment);and ■ double-drop bead applications using both Type II and Type III beads from separate independent bead applicators,unless otherwise approved by the Engineer. 4. CONSTRUCTION Place markings before opening to traffic unless short-term or work zone markings are allowed. 4.1. General.Obtain approval for the sequence of work and estimated daily production.Minimize interference to roadway operations when placing markings on roadways open to traffic.Use traffic control as shown on the plans or as approved.Protect all markings placed under open-traffic conditions from traffic damage and disfigurement. Establish guides to mark the lateral location of pavement markings as shown on the plans or as directed,and have guide locations verified.Use material for guides that will not leave a permanent mark on the roadway. Apply markings on pavement that is completely dry and passes the following tests: ■ Type I Marking Application—Place a sample of Type I marking material on a piece of tarpaper placed on the pavement.Allow the material to cool to ambient temperature,and then inspect the underside of the tarpaper in contact with the pavement.Pavement will be considered dry if there is no condensation on the tarpaper. ■ Type II Marking Application—Place a 1-sq.ft.piece of clear plastic on the pavement,and weight down the edges.The pavement is considered dry if,when inspected after 15 min.,no condensation has occurred on the underside of the plastic. Apply markings: ■ that meet the requirements of Tex-828-B, 822 666 ■ that meet minimum retroreflectivity requirements when specified on the plans(applies to Type I markings only), ■ using widths and colors shown on the plans, ■ at locations shown on the plans, ■ in proper alignment with the guides without deviating from the alignment more than 1 in.per 200 ft.of roadway or more than 2 in,maximum, ■ without abrupt deviations, ■ free of blisters and with no more than 5%by area of holes or voids, ■ with uniform cross-section,density and thickness, ■ with clean and reasonably square ends, ■ that are retroreflectorized with drop-on glass beads,and ■ using personnel skilled and experienced with installation of pavement markings. Remove all applied markings that are not in alignment or sequence as stated on the plans,or in the specifications,at the Contractor's expense in accordance with Item 677,"Eliminating Existing Pavement Markings and Markers,"except for measurement and payment. 4.2. Surface Preparation.Prepare surfaces in accordance with this Section unless otherwise shown on the plans. 4.2.1. Cleaning for New Asphalt Surfaces and Retracing of All Surfaces.Air blast or broom the pavement surface for new asphalt surfaces(less than 3 years old)and for retracing of all surfaces to remove loose material, unless otherwise shown on the plans.A sealer for Type I markings is not required unless otherwise shown on the plans. 4.2.2. Cleaning for Old Asphalt and Concrete Surfaces(Excludes Retracing).Clean old asphalt surfaces (more than 3 years old)and all concrete surfaces in accordance with Item 678,"Pavement Surface Preparation for Markings,"to remove curing membrane,dirt,grease,loose and flaking existing construction markings,and other forms of contamination. 4.2.3. Sealer for Type I Markings.Apply a pavement sealer to old asphalt surfaces(more than 3 years old)and to all concrete surfaces before placing Type I markings on locations that do not have existing markings,unless otherwise approved.The pavement sealer may be either a Type II marking or an acrylic or epoxy sealer as recommended by the Type I marking manufacturer unless otherwise shown on the plans.Follow the manufacturer's directions for application of acrylic or epoxy sealers.Clean sealer that becomes dirty after placement by washing or in accordance with Section 666.4.2.1.,"Cleaning for New Asphalt Surfaces and Retracing of All Surfaces,"as directed.Place the sealer in the same configuration and color(unless dear)as the Type I markings unless otherwise shown on the plans. 4.3. Application.Apply markings during good weather unless otherwise directed.If markings are placed at Contractor option when inclement weather is impending and the markings are damaged by subsequent precipitation,the Contractor is responsible for all required replacement costs. 4.3.1. Type I Markings.Place the Type I marking after the sealer cures.Apply within the temperature limits recommended by the material manufacturer.Flush the spray head if spray application operations cease for 5 min or longer by spraying marking material into a pan or similar container until the material being applied is at the recommended temperature. Apply on clean,dry pavements passing the moisture test described in Section 666.4.1.,"General,"and with a surface temperature above 50°F when measured in accordance with Tex-829-B. 4.3.1.1. Non-Profile Pavement Markings.Apply Type I non-profile markings with a minimum thickness of: ■ 0.100 in.(100 mils)for new markings and retracing water-based markings on surface treatments involving Item 316,"Seal Coat," 823 666 ■ 0.060 in.(60 mils)for retracing on thermoplastic pavement markings,or ■ 0.090 in.(90 mils)for all other Type I markings. The maximum thickness for Type I non-profile markings is 0.180 in.(180 mils).Measure thickness for markings in accordance with Tex-854-13 using the tape method. 4.3.1.2. Profile Pavement Markings.Apply Type I profile markings with a minimum thickness of: ■ 0.060 in.(60 mil)for edgeline markings,or ■ 0.090 in.(90 mil)for gore and centerline/no-passing barrier line markings. In addition,at a longitudinal spacing indicated on the plans,the markings must be profiled in a vertical manner such that the profile is transverse to the longitudinal marking direction.The profile must not be less than 0.30 in.(300 mil)nor greater than 0.50 in.(500 mil)in height when measured above the normal top surface plane of the roadway.The transverse width of the profile must not be less than 3.25 in.,and the longitudinal width not less than 1 in.,when measured at the top surface plane of the profile bar.The profile may be either a 1 or 2 transverse bar profile.When the 2 transverse bar profile is used,the spacing between the bases of the profile bars must not exceed 0.50 in.The above transverse bar width is for each 4 in.of line width. 4.3.2. Type II Markings.Apply on surfaces with a minimum surface temperature of 507.Apply at least 20 gal.per mile on concrete and asphalt surfaces and at least 22 gal.per mile on surface treatments for a solid 4-in. line.Adjust application rates proportionally for other widths.When Type II markings are used as a sealer for Type I markings,apply at least 15 gal.per mile using Type II drop-on beads. 4.3.3. Bead Coverage.Provide a uniform distribution of beads across the surface of the stripe for Type I and Type II markings,with 40%to 60%bead embedment. 4.4. Retroreflectivity Requirements.When specified on the plans,Type I markings must meet the following minimum retroreflectivity values for edgeline markings,centerline or no passing barrier-line,and lane lines when measured any time after 3 days,but not later than 10 days after application: ■ White markings:250 millicandelas per square meter per lux(mcd/mzllx) ■ Yellow markings: 175 mcd/mzllx 4.5. Retroreflectivity Measurements.Use a mobile retroreflectometer for projects requiring minimum retroreflectivity requirements to measure retroreflectivity for Contracts totaling more than 200,000 ft.of pavement markings,unless otherwise shown on the plans.For Contracts with less than 200,000 ft.of pavement markings or Contracts with callout work,mobile or portable retroreflectometers may be used at the Contractor's discretion. 4.5.1. Mobile Retroreflectometer Measurements.Provide mobile measurements averages for every 0.1 miles unless otherwise specified or approved.Take measurements on each section of roadway for each series of markings(i.e.,edgeline,center skip line,each line of a double line,etc.)and for each direction of traffic flow. Measure each line in both directions for centerlines on two-way roadways(i.e.,measure both double solid lines in both directions and measure all center skip lines in both directions).Furnish measurements in compliance with Special Specification,"Mobile Retroreflectivity Data Collection for Pavement Markings," unless otherwise approved.The Engineer may require an occasional field comparison check with a portable retroreflectometer meeting the requirements listed above to ensure accuracy.Use all equipment in accordance with the manufacturer's recommendations and directions.Inform the Engineer at least 24 hr.before taking any measurements. A marking meets the retroreflectivity requirements if: ■ the combined average retroreflectivity measurement for a one-mile segment meets the minimum retroreflectivity values specified,and ■ no more than 30%of the retroreflectivity measurement values are below the minimum retroreflectivity requirements value within the one-mile segment. 824 666 The Engineer may accept failing one-mile segments if no more than 20%of the retroreflectivity measurements within that mile segment are below the minimum retroreflectivity requirement value. The one-mile segment will start from the beginning of the data collection and end after a mile worth of measurements have been taken,each subsequent mile of measurements will be a new segment. Centerlines with 2 stripes(either solid or broken)will result in 2 miles of data for each mile segment.Each centerline stripe must be tested for compliance as a stand-alone stripe. Restripe at the Contractor's expense with a minimum of 0.060 in.(60 mils)of Type I marking if the marking fails retroreflectivity requirements.Take measurements every 0.1 miles a minimum of 10 days after this second application within that mile segment for that series of markings. If the markings do not meet minimum retroreflectivity after 10 days of this second application,the Engineer may require removal of all existing markings,a new application as initially specified,and a repeat of the application process until minimum retroreflectivity requirements are met. 4.5.2. Portable Retroreflectometer Measurements.Take a minimum of 20 measurements for each 1-mi.section of roadway for each series of markings(i.e.,edgeline,center skip line,each line of a double line,etc.)and direction of traffic flow when using a portable reflectometer.Measure each line in both directions for centerlines on two-way roadways(i.e.,measure both double solid lines in both directions and measure all center skip lines in both directions).The spacing between each measurement must be at least 100 ft.The Engineer may decrease the mileage frequency for measurements if the previous measurements provide satisfactory results.The Engineer may require the original number of measurements if concerns arise. Restripe once at the Contractor's expense with a minimum of 0.060 in.(60 mils)of Type I marking material if the average of these measurements fails.Take a minimum of 10 more measurements after 10 days of this second application within that mile segment for that series of markings.Restripe again at the Contractor's expense with a minimum of 0.060 in.(60 mils)of Type I marking material if the average of these measurements fall below the minimum retroreflectivity requirements. If the markings do not meet minimum retroreflectivity after this third application,the Engineer may require removal of all existing markings,a new application as initially specified,and a repeat of the application process until minimum retroreflectivity requirements are met. 4.5.3. Traffic Control.Provide traffic control,as required,when taking retroreflectivity measurements after marking application.On low volume roadways(as defined on the plans),refer to the figure,"Temporary Road Closure"in Part 6 of the Texas Manual on Uniform Traffic Control Devices for the minimum traffic control requirements.For all other roadways,the minimum traffic control requirements will be as shown on the Traffic Control Plan(TCP)standard sheets TCP(3-1)and TCP(3-2).The lead vehicle will not be required on divided highways.The TCP and traffic control devices must meet the requirements listed in Item 502, "Barricades,Signs,and Traffic Handling."Time restrictions that apply during striping application will also apply during the retroreflectivity inspections except when using the mobile retroreflectometer unless otherwise shown on the plans or approved. 4.6. Performance Period.All markings must meet the requirements of this specification for at least 30 calendar days after installation.Unless otherwise directed,remove pavement markings that fail to meet requirements, and replace at the Contractor's expense.Replace failing markings within 30 days of notification.All replacement markings must also meet all requirements of this Item for a minimum of 30 calendar days after installation. 5. MEASUREMENT This Item will be measured by the foot;by each word,symbol,or shape;or by any other unit shown on the plans.Each stripe will be measured separately. 825 666 This is a plans quantity measurement item.The quantity to be paid is the quantity shown in the proposal unless modified by Article 9.2., 'Plans Quantity Measurement."Additional measurements or calculations will be made if adjustments of quantities are required. Acrylic or epoxy sealer,or Type II markings when used as a sealer for Type I markings,will be measured by the foot;by each word,symbol,or shape;or by any other unit shown on the plans. 6. PAYMENT The work performed and materials furnished in accordance with this Item and measured as provided under "Measurement"will be paid for at the unit price bid for"Pavement Sealer"of the size specified, "Retroreflectorized Pavement Markings"of the type and color specified and the shape,width,size,and thickness specified as applicable, 'Retroreflectorized Pavement Markings with Retroreflective Requirements" of the types,colors,sizes,widths,and thicknesses specified or'Retroreflectorized Profile Pavement Markings"of the various types,colors,shapes,sizes,and widths specified. This price is full compensation for application of pavement markings,materials,equipment,labor,tools,and incidentals. Surface preparation of new concrete and asphalt concrete pavements more than 3 years old,where no stripe exists,will be paid for under Item 678,'Pavement Surface Preparation for Markings."Surface preparation of all other asphalt and old concrete pavement,except for sealing,will not be paid for directly but is subsidiary to this Item. Work zone pavement markings(Type II,paint and beads)used as a sealer for Type I markings (thermoplastic)will be paid for under Item 662,"Work Zone Pavement Markings." If the Engineer requires that markings be placed in inclement weather,repair or replacement of markings damaged by the inclement weather will be paid for in addition to the original plans quantity. 826 677 Item 677 Eliminating Existing Pavement Markings and Markers 1. DESCRIPTION Eliminate existing pavement markings and raised pavement markers(RPMs). 2. MATERIALS Furnish surface treatment materials in accordance with the following Items: ■ Item 300,"Asphalts,Oils,and Emulsions" ■ Item 302,"Aggregates for Surface Treatments" ■ Item 316,"Seal Coat" Use approved patching materials for repairing damaged surfaces. Use a commercial abrasive blasting medium capable of producing the specified surface cleanliness.Use potable water when water is required. 3. EQUIPMENT Furnish and maintain equipment in good working condition.Use moisture and oil traps in air compression equipment to remove all contaminants from the blasting air and prevent the deposition of moisture,oil,or other contaminants on the roadway surface. 4. CONSTRUCTION Eliminate existing pavement markings and markers on both concrete and asphaltic surfaces in such a manner that color and texture contrast of the pavement surface will be held to a minimum.Remove all markings and markers with minimal damage to the roadway to the satisfaction of the Engineer.Repair damage to asphaltic surfaces,such as spalling,shelling,etc.,greater than 1/4 in.deep resulting from the removal of pavement markings and markers.Dispose of markers in accordance with federal,state,and local regulations.Use any of the following methods unless otherwise shown on the plans: 4.1. Surface Treatment Method.Apply surface treatment material at rates shown on the plans,or as directed. Place a surface treatment a minimum of 2 ft.wide to cover the existing marking.Place a surface treatment, thin overlay,or microsurfacing a minimum of one lane in width in areas where directional changes of traffic are involved or other areas as directed. 4.2. Burn Method.Use an approved burning method.For thermoplastic pavement markings or prefabricated pavement markings,heat may be applied to remove the bulk of the marking material before blast cleaning. When using heat,avoid spalling pavement surfaces. Sweeping or light blast cleaning may be used to remove minor residue. 4.3. Blasting Method.Use a blasting method such as water blasting,abrasive blasting,water abrasive blasting, shot blasting,slurry blasting,water-injected abrasive blasting,or brush blasting as approved. Remove pavement markings on concrete surfaces by a blasting method. 4.4. Mechanical Method.Use any mechanical method except grinding.Flail milling is acceptable in the removal of markings on asphalt and concrete surfaces. 832 677 5. MEASUREMENT This Item will be measured by each word,symbol,or shape eliminated;by the foot of marking eliminated;or by any other unit shown on the plans. This is a plans quantity measurement Item.The quantity to be paid is the quantity shown in the proposal unless modified by Article 9.2.,"Plans Quantity Measurement."Additional measurements or calculations will be made if adjustments of quantities are required. 6. PAYMENT The work performed and materials furnished in accordance with this Item and measured as provided under "Measurement"will be paid for at the unit price bid for"Eliminating Existing Pavement Markings and Markers" of the type and width as applicable.This price is full compensation for the elimination method used and materials,equipment,tools,labor,and incidentals.Removal of RPMs will not be paid for directly but will be subsidiary to the pertinent bid items. 833 678 Item 678 Pavement Surface Preparation for Markings . o,Tianspormhon 1. DESCRIPTION Prepare pavement surface areas before placement of pavement markings and raised pavement markers (RPMs). Item 677,"Eliminating Existing Pavement Markings and Markers,"governs removal of existing markings. 2. MATERIALS Use a commercial abrasive blasting medium capable of producing the specified surface cleanliness.Use potable water,when water is required. 3. EQUIPMENT Furnish and maintain equipment in good working condition.Use moisture and oil traps in air compression equipment to remove all contaminants from the blasting air and prevent the deposition of moisture,oil,or other contaminants on the roadway surface. 4. CONSTRUCTION Prepare enough pavement surface for the pavement markings or RPMs shown on the plans.Remove all contamination and loose material.Avoid damaging the pavement surface.Remove loose and flaking material when existing pavement markings are present.Approved pavement surface preparation methods are sweeping,air blasting,flail milling,and blast cleaning unless otherwise specified on the plans. Air blast concrete pavement surfaces,in addition to the above,after the removal of contamination or existing material and just before placing the stripe.Perform air blasting with a compressor capable of generating compressed air at a minimum of 150 cu.ft.per minute and 100 psi using 5/16 in.or larger hosing. Contaminants up to 0.5 sq.in.may remain if they are not removed by the following test,performed just before application of markings: ■ Step 1.Air blast the surface to be tested,to simulate blasting during application of markings. ■ Step 2.Firmly press a 10-in.long,2-in,wide strip of monofilament tape onto the surface,leaving approximately 2 in.free. ■ Step 3.Grasp the free end and remove the tape with a sharp pull. 5. MEASUREMENT This Item will be measured by the foot for each width specified;by each word,shape,or symbol;or by any other unit except lump sum. This is a plans quantity measurement Item.The quantity to be paid is the quantity shown in the proposal, unless modified by Article 9.2., "Plans Quantity Measurement."Additional measurements or calculations will be made if adjustments of quantities are required. 834 678 6. PAYMENT The work performed and materials furnished in accordance with this Item and measured as provided under "Measurement'will be paid for at the unit price bid for"Pavement Surface Preparation for Markings"of the type and width as applicable.This price is full compensation for the cleaning method used,materials, equipment,labor,tools,and incidentals. 835 680 Item 680 " Highway Traffic Signals , nme t o/7ransportetion 1. DESCRIPTION ■ Installation. Install highway traffic signals. ■ Removal. Remove,store,and salvage traffic signals. 2. MATERIALS Ensure electrical materials and construction methods conform to the current NEC and additional local utility requirements. Furnish new materials.Ensure all materials and construction methods conform to the details shown on the plans,the requirements of this Item,and the pertinent requirements of the following Items ■ Item 610, "Roadway Illumination Assemblies" ■ Item 625,"Zinc-Coated Steel Wire Strand' ■ Item 627,"Treated Timber Poles" ■ Item 636,"Signs" ■ Item 656."Foundations for Traffic Control Devices" Provide controller assemblies that meet the requirements of DMS-11170,"Fully Actuated, Solid-State Traffic Signal Controller Assembly,"and the details shown on the plans. Provide prequalified controller assemblies from the Department's MPL. Provide flasher assemblies that meet the requirements of DMS-11160. 'Flasher Controller Assembly."and the details shown on the plans. Provide prequalified flasher assemblies from the Department's MPL. Sampling and testing of traffic signal controller assemblies will be done in accordance with Tex-1170-T. 3. CONSTRUCTION 3.1. Installation. Install traffic signal controller foundations in accordance with Item 656 "Foundations for Traffic Control Devices." 3.1.1. Electrical Requirements, 3.1.1.1. Electrical Services.Make arrangements for electrical services and install and supply materials not provided by the utility company as shown on the plans. Install 120-volt,single-phase,60-Hz AC electrical service unless otherwise shown on the plans. 3.1.1.2. Conduit. Install conduit and fittings of the sizes and types shown on the plans. Conduit of larger diameter size than that shown on the plans may be used with no additional compensation,providing the same diameter size is used for the entire length of the conduit run. Extend conduit in concrete foundations 2 to 3 in. above the concrete. Seal the ends of each conduit with silicone caulking,or other approved sealant,after all cables and conductors are installed. 836 680 3.1.1.3. Wiring.Furnish stranded No. 12 AWG XHHW conductors.Install above-ground cables and conductors in rigid metal conduit,except for span wire suspended cables and conductors,drip loops,and electrical wiring inside signal poles unless otherwise shown on the plans.Make power entrances to ground-mounted controllers through underground conduit.Wire each signal installation to operate as shown on the plans. Attach ends of wires to properly sized self-insulated soldedess terminals.Attach terminals to the wires with a ratchet-type compression crimping tool properly sized to the wire.Place pre-numbered identification tags of plastic or tape around each wire adjacent to wire ends in the controller and signal pole terminal blocks. Splices will not be permitted except as shown on the plans,unless each individual splice is approved in writing.Make all allowed splices watertight. 3.1.1.4. Grounding and Bonding.Ground and bond conductors in accordance with the NEC.Ensure the resistance from the grounded point of any equipment to the nearest ground rod is less than 1 ohm. Install a continuous bare or green insulated copper wire(equipment ground)throughout the electrical system that is the same size as the neutral conductor,but a minimum No.8 AWG.Connect the equipment ground to all metal conduit,signal poles,controller housing,electrical service ground,ground rods,and all other metal enclosures and raceways. Provide copper wire bonding jumpers that are a minimum No.8 AWG. 3.1.2. Controller Assemblies.Construct controller foundations in accordance with Item 656,"Foundations for Traffic Control Devices."Immediately before mounting the controller assembly on the foundation,apply a bead of silicone caulk to seal the cabinet base.Seal any space between conduit entering the controller and the foundation with silicone caulk. Deliver the keys for the controller cabinets to the Engineer when the Contract is complete. Place the instruction manual and wiring diagrams for all equipment in the controller cabinet,inside the controller cabinet. 3.1.3. Timber Poles.Furnish ANSI Class 2 timber poles other than for electrical services in accordance with details shown on the plans. 3.1.4. Preservation of Sod,Shrubbery,and Trees.Replace sod,shrubbery,and trees damaged during the Contract. 3.1.5. Removal and Replacement of Curbs and Walks.Obtain approval before cutting into or removing walks or curbs not shown on the plans to be removed or replaced.Restore any curbs or walks removed equivalent to original condition after work is completed,to the satisfaction of the Engineer. 3.1.6. Intersection Illumination.Install luminaires on signal poles as shown on the plans. 3.1.7. Signal Timing Plan.The traffic signal timing plan will be provided by the Department or local entity. 3.1.8. Test Period.Operate completed traffic signal installations continuously for at least 30 days in a satisfactory manner. If any Contractor-furnished equipment fails during the 30-day test period,repair or replace that equipment.This repair or replacement,except lamp replacement,will start a new 30-day test period. Replace materials that are damaged or have failed before acceptance.Replace failed or damaged existing signal system components when caused by the Contractor.The Department will relieve the Contractor of maintenance responsibilities upon passing a 30-day performance test of the signal system and acceptance of the Contract. 837 680 3.2. Removal.Remove existing electrical services,pedestal poles,strain poles,mast arm pole assemblies, luminaires,signal heads,vehicle detector equipment,controllers,cables,and other accessories.Remove materials so damage does not occur.Remove and store items designated for reuse or salvage at locations shown on the plans or as directed. Remove abandoned concrete foundations,including steel,to a point 2 ft.below final grade.Backfill holes with material equal in composition and density to the surrounding area.Replace surfacing material with similar material to an equivalent condition. Accept ownership and dispose of unsalvageable materials in accordance with federal,state,and local regulations. 4. MEASUREMENT This Item will be measured as each traffic signal installed or removed.A traffic signal is a signalized intersection controlled by a single traffic signal controller. 5. PAYMENT The work performed and materials furnished in accordance with this Item and measured as provided under "Measurement"will be paid for at the unit price bid for"Installation of Highway Traffic Signals"of the type (isolated,system,or flashing beacon)specified,or'Removing Traffic Signals." 5.1. Installation.This price is full compensation for furnishing,installing,and testing the completed installation, controller and associated equipment,controller foundations,luminaires,signs mounted on signal equipment, damping plates,timber poles,mounting hardware and steel wire strand;preservation and replacement of damaged sod,shrubbery and trees; removal and replacement of curbs and walks;and materials,equipment, labor,tools,and incidentals.The Department will pay for electrical energy consumed by the traffic signal. New drilled shaft foundations for traffic signal poles will be paid for under Item 416,"Drilled Shaft Foundations."New conduit will be paid for under Item 618,"Conduit."New electrical conductors will be paid for under Item 620,"Electrical Conductors."New ground boxes will be paid for under Item 624,"Ground Boxes."New electrical services will be paid for under Item 628,"Electrical Services."New vehicle and pedestrian signal heads will be paid for under Item 682,"Vehicle and Pedestrian Signal Heads."New traffic signal cables will be paid for under Item 684,"Traffic Signal Cables."New traffic signal pole assemblies will be paid for under Item 686,"Traffic Signal Pole Assemblies(Steel)."New traffic signal detectors will be paid for under Item 688,"Pedestrian Detectors and Vehicle Loop Detectors." 5.2. Removal.This price is full compensation for removing the various traffic signal components;removing the foundations;disposal of unsalvageable materials;hauling;and materials,equipment,labor,tools,and incidentals. 838 682 Item 682 Vehicle and Pedestrian Signal Heads , �;a„t of Transportation 1. DESCRIPTION Furnish and install vehicle and pedestrian signal heads. 2. MATERIALS Furnish only new materials. 2.1. Definitions. ■ Back Plate.A thin strip of material extending outward from all sides of a signal head. ■ LED Optical Unit.The LED lens and associated supporting parts in a signal section. ■ Louver.A device mounted to the visor restricting signal face visibility. ■ Signal Section.One housing case,housing door,visor,and optical unit. ■ Signal Face.One section or an assembly of 2 or more sections facing one direction. ■ Signal Head.A unidirectional face or a multidirectional assembly of faces,including back plates and louvers when required,attached at a common location on a support. 2.2. General.Provide vehicle signal heads in accordance with DMS-11121,"Twelve-Inch LED Traffic Signal Lamp Unit."Provide prequalified vehicle signal heads from the Department's MPL. Provide pedestrian signal heads in accordance with DMS-11131,"Pedestrian LED Countdown Signal Modules."Provide prequalified pedestrian signal heads from the Department's MPL. Supply either aluminum or polycarbonate signal head components of the same material and manufacturer for any one project. Use galvanized steel,stainless steel,or dichromate sealed aluminum bolts,nuts,washers,lock washers, screws,and other assembly hardware.When dissimilar metals are used,ensure the metals are selected or insulated to prevent corrosion. Use closed-cell silicone or closed-cell neoprene gaskets. 3. CONSTRUCTION 3.1. Assembly.Assemble individual signal sections in multi-section faces in accordance with the manufacturer's recommendations to form a rigid signal face.Assemble and mount signal heads as shown on the plans. Install louvers and back plates in accordance with the manufacturer's recommendations.Close any openings in an assembled signal head with a plug of the same material and color as the head. Remove only the existing lens,reflector,and incandescent lamp when installing a retrofit replacement LED traffic signal or pedestrian signal lamp unit into an existing signal housing;fit the new unit securely in the housing door;and connect the new housing unit to the existing electrical wiring or terminal block by means of simple connectors. 3.2. Wiring.Wire each optical unit to the terminal block located in that signal section by means of solderless wire connectors or binding screws and spade lugs.Wire all sections of a multi-section signal face to the section terminal blocks in which the traffic signal cable is terminated.Maintain the color coding on leads from the 841 682 individual optical units throughout the signal head,except for the traffic signal cable.Use solderless wire connectors or binding screws and spade lugs for connections to terminal blocks.Use binding screws and spade lugs for field wiring. 4. MEASUREMENT This Item will be measured by each vehicle signal section,pedestrian signal section,back plate,or louver. 5. PAYMENT The work performed and materials furnished in accordance with this Item and measured as provided under "Measurement"will be paid for at the unit price bid for"Pedestrian Signal Section,""Vehicle Signal Section," "Back Plate,"or"Louver,"of the types and sizes specified.This price is full compensation for furnishing, assembling,and installing the signal sections,back plates and louvers,and lenses and optics;mounting attachments;and materials,equipment,labor,tools,and incidentals. 842 684 Item 684 Traffic Signal Cables 1. DESCRIPTION Furnish and install traffic signal cables. 2. MATERIALS Provide polyethylene-jacketed multi-conductor cables in accordance with details shown on the plans. Individual conductors must be copper with polyethylene insulation rated for 600 volts.Furnish new materials. Provide traffic signal cables in accordance with DMS-11110,"Traffic Signal Cable." 2.1. Type A Cables.Use Type A cables meeting the requirements of IMSA 20-1 for underground conduit installation or aerial cable supported by a messenger. 2.2. Type B Cables.Use Type B cables meeting the requirements of IMSA 20-3 as the integral messenger cable for aerial installations. 2.3. Type C Cables.Use Type C cables meeting the requirements of IMSA 50-2 for loop detector lead-in installations consisting of 2 conductor shielded cable. 2.4. Types A and B Cable Materials.Provide the following materials for Type A and B cables: ■ Use the size and number of conductors shown on the plans.Unless otherwise shown on the plans,use conductors consisting of 7 copper strands. ■ Ensure color coding of conductors and sequence for cables are in compliance with Table 1.Base color is the insulation color.Tracer color is the colored stripe that is part of or firmly adhered to the insulation surface for the full length of the conductor. ■ Ensure 2-conductor cable is of the round twisted type with fillers used where necessary to form a round cable. ■ For cables with more than 2 conductors,ensure individual conductors are laid up symmetrically in layers with fillers used when necessary,to produce a uniform assembly of conductors with a firm,compact cylindrical core. ■ Ensure fillers are a non-metallic,moisture-resistant,non-wicking material. ■ Supply conductor assemblies covered with a wrapping of a moisture-resistant tape applied to overlap at least 10%of the tape width. ■ Ensure the taped conductor assembly is covered with a tightly fitting black polyethylene jacket that is smooth and free from holes,splits,blisters,and any other imperfections. ■ Supply cables that clearly show the name of the manufacturer and the IMSA specification number applied at approximate 2-ft.intervals to the outer surface of the jacket by indent printing. 843 684 Table 1 Conductor Color and Sequence for Cables Conductor No. Base Color Tracer Color 1 Black 2 White 3 Red 4 Green 5 Orange 6 Blue 7 White Black 8 Red Black 9 Green Black 10 Orange Black 11 Blue Black 12 Black White 13 Red White 14 Green White 15 Blue White 16 Black Red 17 White Red 18 Orange Red 19 Blue Red 20 Red Green 21 Orange Green 2.5. Additional Requirements for Type B Cable Materials.Additional material requirements particular to Type B cable are as follows: ■ Ensure cables consisting of 5 or more conductors have a 0.25-in.nominal diameter messenger.For the messenger,use Class A galvanized Extra High Strength Steel Strand with 3 or 7 wires. ■ A solid strand messenger with 0.134-in.diameter may be used for cables with less than 5 conductors. ■ To provide corrosion protection,ensure the messenger strand is coated and the interstices are flooded with a rubber asphalt compound or equivalent. ■ Ensure the integral messenger and conductors are enclosed in the jacket forming a cross-section similar to a figure 8. 2.6. Type C Cable Materials.Use the following materials for Type C cables: ■ Unless otherwise shown on the plans,use No. 14 AWG insulated conductors with concentric stranding with black insulation on 1 of the 2 conductors and dear insulation on the other conductor.Ensure conductors have a minimum of 2 twists per foot within the cable. ■ Use cables that have 100%shield coverage using aluminum bonded to a Mylar film.Ensure the drain wire is stranded finned copper,2 AWG sizes less than the conductor,and in continuous contact with the aluminum side of the shield material. ■ Ensure the jacket is black polyethylene. ■ Use cables that legibly show the name of the manufacturer and the IMSA specification number applied at approximate 2-ft.intervals on a tape under the outer jacket. 2.7. Sampling.The Engineer may take samples from each roll of each size of cable for establishing conformity to IMSA.The samples will be at least 3 ft.long.Replace any cable failing to meet IMSA requirements. 3. CONSTRUCTION For each cable run in underground conduit,coil an extra 5 ft.of cable in each ground box. Splices are not permitted in Type A and B cables unless shown on the plans,or approved in writing. Ensure splices are watertight. 844 684 Make splices between Type C cable and loop detector wires only in the ground box near the loop the cable is servicing.Use non-corrosive solder for splices.Ground the drain wire of Type C cable to earth ground only at the controller or detector cabinet.Ensure the resistance from the drain wire to the ground rod is less than 1 ohm. Test the cables after installation and before any connection to the cables.Cables testing less than 50 megohms insulation resistance at 500 volts will be rejected. 4. MEASUREMENT This Item will be measured by the foot of traffic signal cables. This is a plans quantity measurement Item.The quantity to be paid is the quantity shown in the proposal, unless modified by Article 9.2.,"Plans Quantity Measurement."Additional measurements or calculations will be made if adjustments of quantities are required. 5. PAYMENT The work performed and materials furnished in accordance with this Item and measured as provided under "Measurement"will be paid for at the unit price bid for"Traffic Signal Cables"of the types and sizes specified. This price is full compensation for furnishing and installing materials,and for equipment,labor,tools,and incidentals,except as shown below. Cables inside traffic signal pole assemblies will be paid for under this Item. Cables used for inside signal heads and controllers or coils in ground boxes,pole bases,and on span wires will not be paid for directly but will be subsidiary to pertinent Items. 845 686 Item 686 Traffic Signal Pole Assemblies (Steel) Z,Transportabon 1. DESCRIPTION ■ Installation.Fabricate,furnish,and install steel traffic signal pole assemblies. ■ Relocation.Remove and relocate existing steel traffic signal pole assemblies. 2. MATERIALS Provide new materials that comply with the details shown on the plans,the requirements of this Item,and the pertinent requirements of the following Items: ■ Item 416,"Drilled Shaft Foundations" ■ Item 421,"Hydraulic Cement Concrete" ■ Item 441,"Steel Structures" ■ Item 442,"Metal for Structures" ■ Item 445,"Galvanizing" ■ Item 449,"Anchor Bolts" Furnish alloy steel or medium-strength mild steel anchor bolts in accordance with Section 449.2.1.,"Bolts and Nuts,"unless otherwise shown on the plans. 3. CONSTRUCTION 3.1. Standard Design.Fabricate poles assemblies in accordance with this Item to the designs shown on the plans.Alternate designs are not acceptable.Deviations that affect the basic structural behavior of the pole are considered to be alternate designs.For deviations that do not affect the basic structural behavior of the pole,electronically submit shop drawings in accordance with Item 441,"Steel Structures,"to the Bridge Division for approval. 3.2. Fabrication.Fabricate and weld in accordance with Item 441,"Steel Structures,"AWS D1.1, Structural Welding Code—Steel;and the requirements of this Item.Fabrication tolerances are given in Table 1. Table 1 Fabrication Tolerances Part Dimension Tolerance n. Length ±1 I Thickness +0.12,—0.02 Pole and mast arm shaft Difference between flats or diameter ±3/16 Straightness 118 in 10 ft. Attachment locations ±1 Overall ±3/16 Base and mast arm Thickness +1/4,-0 mounting plates Deviations from flat 3/16 in 24 in. Spacing between holes ±1/8 Bolt hole size ±1116 Length ±112 Anchor bolts Threaded Lencith ±1/2 Galvanized Length —114 Angular Orientation 1/16 in 12 in.' Assembled shafts Centering ±3116 Twist 3"in 50 ft. 1. 1/8 in 12 in.between mounting plates and between mounting plates and base plates. 849 686 Fabrication plants that produce steel traffic signal pole assemblies must be approved in accordance with DMS-7380,"Steel Non-Bridge Member Fabrication Plant Qualification."The Department maintains an MPL of approved traffic signal pole assembly fabrication plants. Provide properly fitting components.Provide round or octagonal shafts for poles and mast arms tapered as shown on the plans.Fabricate mast arms straight in the unloaded condition unless otherwise shown on the plans.The Department will accept bolted slip joints overlapping by at least 1.5 diameters in mast arms 40 ft. and longer. Provide circumferential welds only at the ends of the shafts.Provide no more than 2 longitudinal seam welds in shaft sections.Grind or smooth the exterior of longitudinal seam welds to the same appearance as other shaft surfaces.Ensure 100%penetration within 6 in.of circumferential base welds and 60%minimum penetration at other locations along the longitudinal seam welds.Use a welding technique that minimizes acid entrapment during later galvanizing.Hot-dip galvanize all fabricated parts in accordance with Item 445, "Galvanizing." Treat welds with Ultrasonic Impact Treatment when shown on the plans after galvanization and with the dead load(actual or simulated)applied.Repair damaged galvanizing in accordance with Section 445.3.5., "Repairs." Connect the luminaire arm to the pole with simplex fittings.Ensure the fittings have no defects affecting strength or appearance. Permanently mark,at a visible location when erected,pole base plates and mast arm mounting plates with the design wind speed. Permanently mark,at a visible location when erected,pole base plates and fixed mast arm mounting plates with the fabrication plant's insignia or trademark.Place the mark on the pole base plate adjacent to the hand- hole access compartment. Deliver each traffic signal pole assembly with fittings and hardware either installed or packaged with its associated components.Ship all components with a weatherproof tag identifying the manufacturer,Contract number,date,and destination of shipment. 3.3. Installation.Locate traffic signal pole assemblies as shown on the plans unless otherwise directed to secure a more desirable location or avoid conflict with utilities.Stake the traffic signal pole assembly locations for verification by the Engineer. Use established industry and utility safety practices when working near overhead or underground utilities. Consult with the appropriate utility before beginning work. Construct foundations for new traffic signal pole assemblies in accordance with Item 416,"Drilled Shaft Foundations,"and the details shown on the plans.Orient anchor bolts as shown on the plans. Erect structures after foundation concrete has attained its design strength as required on the plans and Item 421,"Hydraulic Cement Concrete."Coat anchor bolt threads and tighten anchor bolts in accordance with Item 449,"Anchor Bolts." After the traffic signal pole assembly is plumb and all nuts are tight,tack weld each anchor bolt nut in 2 places to its washer.Tack weld each washer to the base plate in 2 places.Never weld components to the bolt.Tack weld in accordance with Item 441,"Steel Structures."After tack welding,repair galvanizing damage on bolts,nuts,and washers in accordance with Section 445.3.5.,"Repairs." Do not grout between the base plate and the foundation. 850 686 3.4. Relocation.Disconnect and isolate traffic signal cables before removing the pole.Remove existing traffic signal pole assemblies as directed.Ensure the poles or attached components suffer no undue stress or damage.Signs,signal heads,mounting brackets,luminaires,etc.,may be left on the poles.Repair or replace damaged components as directed. Remove abandoned concrete foundations,including steel,to a point 2 ft.below final grade unless otherwise shown on the plans.Cut off and remove steel protruding from the remaining concrete.Backfill the hole with materials equal in composition and density to the surrounding area.Replace surfacing material with similar material to an equivalent condition. Move existing pole assemblies to locations shown on the plans,or as directed.Construct foundations for relocated traffic signal pole assemblies in accordance with Item 416,"Drilled Shaft Foundations,"and the details shown on the plans.Install existing pole assemblies on new foundations in accordance with Section 686.3.3.,"Installation." Accept ownership of unsalvageable materials and dispose of in accordance with federal,state,and local regulations. 4. MEASUREMENT This Item will be measured by each traffic signal pole assembly installed or relocated. 5. PAYMENT The work performed and materials furnished in accordance with this Item and measured as provided under "Measurement"will be paid for at the unit price bid for"Install Traffic Signal Pole Assemblies(Steel)"of the types and sizes specified or"Relocate Traffic Signal Pole Assemblies(Steel)"of the types specified. New drilled shaft foundations will be paid for under Item 416,"Drilled Shaft Foundations." 5.1. Installation.This price is full compensation for furnishing,fabricating,galvanizing,assembling,and erecting the pole upon a foundation;furnishing and erecting required mast arms and luminaire arms;furnishing and placing anchor bolts,nuts,washers,and templates,and materials,equipment,labor,tools,and incidentals. 5.2. Relocation.This price is full compensation for removing traffic signal pole assemblies;removing existing foundations;backfilling and surface placement;storing the components to be reused or salvaged;furnishing, fabricating,and installing required new components including anchor bolts,nuts,washers,and templates; placing and securing traffic signal pole assemblies on new foundations;furnishing and placing conduit, ground rods,and wiring;disposal of unsalvageable materials;loading and hauling;and materials,equipment, labor,tools,and incidentals. 851 6004 Special Specification 6004 Te� Networking Intelligent Transportation System (ITS) �� Communications Cable 1. DESCRIPTION Furnish,install,and test twisted-pair cable for networking and telecommunication uses in the field environment. 2. MATERIALS 2.1. General Requirements.Provide new cable and connectors that are in conformance with the details shown on the plans and in the specifications.The cable must be free of deformations,holes,splits and splices. ITS networking copper cables must be constructed for installation in an outdoor underground conduit environment. All cable provided for underground installation must contain the Outside Plant designation for outdoor usage and must be rated Non-Plenum. Provide cable in compliance with the most current version of the following industry standards: ■ NFPA National Electric Code(NEC), ■ Rural Electrification Administration(REA)-PE-22(7 CFR 1755.403),PE-39(7 CFR 1755.390), ■ ANSI/TIA-568-C, EIA/TIA-568-B.2-2001 (Category 5E Cable), ■ EIA-232, EIA-422,EIA485, ■ TSB-36,and ■ Underwriters Laboratory(UL). Included in this Item are the ITS cable types listed in Table 1. Table 1 Common Networking ITS Communication Cable Types Cable Type Nominal AWG Application Gauge Category 5e Ethernet Cable #24 AWG Standard 100Base-Tx,Gigabit Ethernet,up to 100 MHz bandwidth performance Category 6 Ethernet Cable #24 AWG Gigabit Ethernet; up to 250MHz bandwidth performance 10-Gigabit Ethernet,up to 600 MHz bandwidth performance.Category 7 cable is not typically utilized for Category 7 Ethernet Cable #24 AWG ITS device applications.Category 7 cable applications include high bandwidth performance at network layer switches with 10 Gigabit connections. Serial Communications Cable Serial port applications,low bandwidth and small data RS-232,RS-422,RS-485 #22,#24 AWG rate transmission <100 kb/s) Shielded Twisted Pair Cable #18-24 AWG Telephone communications,below 16 MHz bandwidth Unshielded Twisted Pair #18-24 AWG performance UTP Cable Included in this Item are all terminating connectors and associated equipment required for installation and testing in a field environment. 1-5 02-16 Statewide 6004 Provide cable conforming to the gauge,type,and length shown on the plans. Ensure the cable gauge supplied meets the bandwidth requirements specific to the cable application and run length. Provide signal amplification or repeater locations for communications cable runs as shown on the plans and in the specifications. When selecting serial communications cable for longer cable runs,verify the conductor gauge to be provided will meet signal loss requirements for cable application.Refer to Table 2 for typical cable distance limitations for ITS serial communications cable. Table 2 Typical Network Communications Cable Distance Limitations Cable Type Recommended Maximum Cable Run' RS-232 50 ft. RS-422 4 wires stem 500 ft. RS-485 2 wires stem 500 ft. Category 5e 300 ft. Category 6 300 ft. 1. Cable distance limitation to be verified according to manufacturer for the cable application. All cable provided must be manufactured with permanent markings at approximate 2 ft.intervals on the outer jacket according to manufacturer name,serial number,type,UL list and classification for identification purposes.All pairs must be color coded using standard North American communication industry colors to uniquely identify each pair in the cable. 2.2. Physical Requirements.Provide networking communications cable meeting the following physical requirements. 2.2.1. Conductor.All networking cable must be constructed of solid bare copper conductor. 2.2.2. Insulation.All networking cable must be of foamed,cellular dielectric construction.Dielectric material must adhere to and support the center cable conductor. 2.2.2.1. Insulation Material.Serial communications cable insulation must be high-density polyethylene(HDPE)or equivalent.Ethernet networking cable insulation must be polyolefin or HDPE.UTP cable insulation must be polyethylene,polyolefin,polypropylene,or fluorinated ethylene propylene. 2.2.3. Shielding.Serial communications cable shielding must contain combination foil-polyester and copper braid shield to reduce EMI interference.Ethernet networking cable must contain a combination foil-polyester shield. 2.2.3.1. Coverage.Serial communications cable must be constructed of 100%effective foil coverage,minimum 65% braided coverage.Ethernet networking cable(Category 5e,6,7)must contain 100%effective foil cover. 2.2.4. Outer Jacket.Outer jacket must be rated for heavy duty ultraviolet(UV)exposure,sunlight,oil,and weather resistance necessary for outdoor installation. 2.2.4,1. Jacket Material.All networking cable outer jackets must be of PVC or polyethylene construction. 2.2.5. Connectors.Connectors must be matching,weather resistant,water and moisture proof,and outdoor-rated hardware that meet cable operating voltage,temperature,and impedance characteristics.Connectors must prevent the entry and collection of moisture to the cable and electrical connection point.Provide cable sealant during installation to seal connections from moisture and corrosion. 2-5 02-16 Statewide 6004 2.3. Electrical and Mechanical Requirements.Ethernet networking cable as shown on the plans must conform to the TIA/EIA-568-C standard,and according to performance characteristics defined in TIA/EIA-568-C.4-1. All Ethernet networking cable provided must meet IEEE 802.3af and IEEE 802.3at for Power over Ethernet (PoE)applications. Serial communications cable and UTP must conform to the following requirements: 2.3.1. Capacitance.Serial communications cable capacitance must not exceed 35 picofarads(pF)per foot of cable. UTP cable capacitance must not exceed 15 pF per foot of cable. 2.3.2. Inductance.Serial communications cable inductance must not exceed 0.30 microhenry's(µH)per foot of cable. 2.3.3. Impedance.Provide 100 ohm nominal impedance for UTP cables and according to the manufacturer recommendation for cable application. 2.3.4. Attenuation.Attenuation of the cable must be compliant with requirements of the proposed application. 2.3.5. Resistance.The DC resistance of the serial communications cable inner conductor must not exceed 20 ohms per 1000 ft. 2.4. Environmental Design Requirements. 2.4.1. Installation Temperature Rating.Cable must be rated for an outside ambient temperature range of-207 to 165°F. 2.4.2. Storage Temperature Rating.Cable must be rated for a storage temperature range of-40°F to 165°F. 3. CONSTRUCTION METHODS 3.1. General.Cable must be installed in accordance with the following industry procedures: ■ ANSI/TIA-568-C, ■ BICSI Telecommunications Distribution Methods Manual(TDMM)and Information Transport Systems Installation(ITSIM), ■ NFPA National Electric Code(NEC), ■ USDA Construction of Direct Buried Plant,and ■ ICEA Standard for Aerial Service Wire-ANSI/ICEA 5-89-648. 3.1.1. Cable Storage.All uninstalled cable must be stored according to manufacturer recommended bend radius and cable reel requirements. 3.1.2. Cable Labeling.All cable must be labeled using pre-laminated labels with UV protection according to usage at all terminations.Provide weatherproof labels rated for outdoor use. 3.1.3. Installation Procedure.All cable must be inspected and tested for continuity when received,with results compared with factory pre-shipping tests. Inspect the cable nomenclature to make certain that the correct product has been received.Notify the supplier(or manufacturer)of all discrepancies for immediate correction. Install the network cable routed as shown on the plans and follow the manufacturer recommendations for installation. 3-5 02-16 Statewide 6004 Ensure that all exposed cable ends are covered and protected against moisture and dust penetration at all times during installation.Protect cable ends during storage,cable pulls,and post-installation. 3.1.4, Conduit Fill Requirements.Install cable as shown on the plans and ensure that NEC and TIA/EIA fill requirements must be met for all cable runs. 3.1.5. Cable Slack Requirements.Provide 25 ft.cable slack maximum in pull boxes and per manufacturer requirements. 3.1.6. Spacing Requirements.Provide minimum 12 in.spacing between electrical power cable and communications cable types as described for underground installations within NEC Sections 840.44 and 840.47. 3.2. Testing.Procedures for the tests noted below are to be in accordance with industry standard practice and recorded in accordance with ANSI/TIA/EIA rules for documentation for the cable type. Perform tests in accordance with testing requirements in this Item.For all tests,provide test forms to be used that compare measured results with threshold values.The following tests must be performed,recorded,and submitted to verify the cable performance and installation: 3.2.1. Cable Continuity.Perform cable continuity test for center conductor and shield continuity and record results. The test must be performed on received cable reels to identify any discrepancies and upon final installed cable interconnections.Test continuity of each pair to show a resistance of not more than 8 ohms per 1000 ft.of conductor.Use meter with a minimum input resistance measurement to comply with RUS 7 CFR 1755.403 Copper Cable Telecommunications Plant Measurements. . 3.2.2. Time Domain Reflectometry(TDR).Perform TDR test for impedance continuity per manufacturer recommendations in coaxial cable interconnections and record results. 3.2.3. Ground Resistance.Use a Megohmmeter to perform ground resistance testing of all conductors including the shield,and conductor-to-conductor,including all individual conductors to the shield.Ensure that all conductor tests,including the shield,read infinity to ground,and from conductor to conductor and all individual conductors to the shield,read infinity.Replace cable not meeting the infinity test result at no expense to the department,whether one or multiple readings per cable are defective. 3.2.4. Visual Inspection.Where cable installation is visible,perform visual inspection(with a Department representative)to verify any evidence of the following: ■ cable damage(cracks,shield damage,kinks,knots,jacket damage,crushed cable), ■ bend radius violations(at conduit fittings,cabinet locations),and ■ cable crimping method—use of manufacturers specified cable crimp tool only(use of pliers not permitted). 3.3. Documentation.Submit 3 copies of the following materials for each cable type provided for approval prior item supply: ■ manufacturer cutsheets and complete specifications(physical,electrical,mechanical,and environmental), ■ manufacturer warranty information, ■ independent test lab certification,and ■ blank test forms. Submit 3 copies of the following materials for each cable run provided for approval post installation: ■ test results, ■ completed test forms, 4-5 02-16 Statewide 6004 ■ cable continuity test, ■ TDR test, ■ "as-built"documentation for cable path as shown on the plans, ■ complete maintenance and trouble-shooting procedures,and ■ furnish additional information as shown on the plans. 3.4. Warranty.Warrant all cable against defects or failure in design,materials,and workmanship in accordance with the manufacturer's standard warranty. Supply cable with no less than 95%of the manufacturer's warranty remaining on the date that equipment invoices are submitted for final payment.Any material with less than 95%warranty remaining will be rejected. Warrant all cable furnished and installed to perform according to the manufacturer published specifications for a period of 1 year after final acceptance of the project by the Department.Provide for"on-site"repair or replacement within 2 working days and at no cost to the Department. Repair or replace any defective cable, at the manufacturer's option,at no cost to the Department. 4. MEASUREMENT This Item will be measured by the linear foot of cable. 5. PAYMENT The work performed and materials furnished in accordance with this Item and measured as provided under "Measurement"will be paid for at the unit price bid for"ITS Communications Cable(Ethernet)"and"ITS Communication Cable(Serial)."For twisted pair communications cable runs,work performed and materials furnished in accordance with this Item and measured as provided under"Measurement"will be paid for at the unit price bid for"ITS Communications Cable"of the type,size,and number of pairs specified.The price is full compensation for furnishing,installing,splicing and testing cable and connectors,as well as for installation equipment,materials,tools,and incidentals. 5-5 02-16 Statewide 01000 SPECIAL PROVISIONS SPECIAL PROVISION SP686 SPECIAL PROVISION TO Standard Specification Item No. 686 Traffic Pole Assemblies (Steel) These special provisions serve to modify, add to, and/or delete from the TxDOT Standard Specification Item No. 686; Traffic Pole Assemblies, dated November 1, 2014, incorporated into this Project Manual. Any item, paragraph, article, or work contained therein unless specifically modified, added to or deleted herein shall apply where applicable. 5.1 Installation Replace With: The signal pole assemblies will be furnished by the City. This price is full compensation for assembling and erecting the pole upon a foundation; erecting required mast arms and luminaire arms; placing anchor bolts, nuts, washers, and templates; and materials, equipment, labor, tools, and incidentals. 02000 PLANS, DETAILS AND NOTES If applicable,insert reference(s)to project plans; details;and notes Traffic Signal at US 79(Palm Valley Blvd)and Africa Ln(Brushy Creek Plant Rd) Sheets 1 through 47