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Contract - AgH20 Holdings, LLC - 5/25/2023 IGINA CITY OF ROUND ROCK DEPARTMENT NAME ROUND ROCK TEXAS Project Manual For: Meadow Lake Dock Improvement Project 2023 March 2023 Prepared By: LUCK Design Team, LLC �,pNDS Attn: Brent Luck, PLA �NTO*-V 9600 Escarpment Blvd., #745-4 ! 0. Austin Texas 78749 Cq o n; Phone: (512) 810-0684 �. APPROVED BY . 0806 .• ; CIT i ATTO NEE grFco oF� 03/13/23 TBPE Firm Registration No BR 348 Meadow Lake Dock Improvement Project 2023 TABLE OF CONTENTS Section Description No. of Pages 00020 Notice to Bidders 1 00100 Instructions to Bidders 4 Exhibit A 1 00200 Bid Bond 2 00300 Bid Form 6 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 41 00800 Supplemental General Conditions 2 00900 Special Conditions 5 01000 Technical Specifications 97 02000 Plans, Details and Notes Sheets 1-12 8-2016 Table of Contents 00090665 00020 NOTICE TO BIDDERS NOTICE TO BIDDERS Pursuant to the provisions of Texas Government Code, Section 2269.101, it is the intention of the City of Round Rock to select a prime contractor by using the Competitive Bidding Method for the construction of the Meadow Lake Dock Improvement Project 2023 as generally described herein. Sealed bids addressed to Katie Baker, PLA, City of Round Rock, Parks and Recreation Department, 221 East Main Street, Round Rock, TX 78664, for furnishing all labor, material,and equipment and performing all work required for the project titled, Meadow Lake Dock Improvement Project 2023 (project includes site preparation, concrete flatwork, abutments, floating dock structure), will be received until April 4, 2023, at 10:00 a.m., then publicly opened and read aloud at the same address.Bid envelopes shall state the date and time of bid and"Meadow Lake Dock Improvement Project 2023." Bids must also be accompanied by a "Statement of Bidder's Safety Experience" included in Section 410 of the Project Manual. No bids may be withdrawn after the scheduled opening time. Any bids received after the scheduled bid opening time will be returned unopened. Bids must be submitted on City of Round Rock bid forms and must be accompanied by an acceptable bid security as outlined in the Instructions to Bidders, payable to the City of Round Rock,Texas,equal to five percent(5%)of the total bid amount. Plans, Bid Forms, Specifications, and Instructions to Bidders may be obtained at roundrocktexas.gov/solicitations. Bidders shall be responsible for printing or obtaining prints of the aforementioned documents as necessary. For questions, please contact the City's Project Manager, Katie Baker, kbaker@roundrocktexas.gov. In case of ambiguity,duplication,or obscurity in the bids,the City of Round Rock reserves the right to construe the meaning thereof. The City of Round Rock further reserves the right to reject any or all bids and to waive any informalities and irregularities in the bids received. The successful bidder will be expected to execute the City of Round Rock's standard contract and to furnish performance and payment bonds, all as described in the bid documents. Contractors and subcontractors shall pay to laborers,workmen,and mechanics the prevailing wage rates as determined by the City of Round Rock. Publish Dates: Austin American Statesman: March 19, 2023 March 26, 2023 00020 03-2021 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: roundrocktexas.gov/solicitations. Bidders shall be responsible for printing or obtaining prints of the aforementioned documents as necessary. 2. Should the bidder find discrepancies in, or omissions from the drawings (plans), specifications,or other Project Manual and/or Contract Documents, or should he be in doubt as to their meaning, he should notify at once the City and obtain clarification or addendum prior to submitting any bid. Any addenda issued will be posted with the documents at the web address mentioned in 1 above no later than two business days prior to the Bid Opening Date. Prior to submitting a bid, the bidder is responsible for determining if any addenda have been issued and for following any instructions required in any addenda issued. 3. It shall be the responsibility of the bidder to see that his bid is received at the place and time named in the Notice to Bidders in the Project Manual. Bids received after the scheduled opening time will be returned unopened. 4. Bids shall be submitted in sealed envelopes plainly marked "Sealed Bid" and showing the name of the project,the job number if applicable, and the opening date and time. 5. Bidders shall be responsible for submitting a copy of the City's Bid Form, Bid Bond Form, and Statement of Bidder's Safety Experience from the Project Manual documents posted at the web address as described in 1 above. 6. Bids shall be accompanied by a bid security consisting of a certified cashier's check in an amount not less than five percent (5%) of the total maximum bid price, payable without recourse to the City of Round Rock,or a bid bond in the same amount from a reliable surety company, as a guarantee that the bidder will enter into a contract and execute performance and payment bonds,as stipulated by item 16 below,within ten(10)days after notice of award of contract to him. Bid securities must be submitted in the same sealed envelope with the bid. Bids submitted without a bid security may not be considered at the sole discretion of the City. Page I 00100 2-2021 Instructions to Bidders 00426487 7. If awarded the bid, bidder must submit Form 1295 on the Texas Ethics Commission (TEC) Website at https://www.ethics.state.tx.us/whatsnew/elf info form1295.htm and submit the signed Form 1295 to the City Clerk at mspinks(a-,roundrocktexas.p-ov 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 estimates. The basis for payment shall be the actual amount of work done and/or material furnished as specified in the General Conditions. Page 3 00100 2-2021 Instructions to Bidders 00426487 22. Bids shall be submitted on a separated contract basis. No Texas sales tax shall be included in the prices bid for materials consumed or incorporated into the Work.This contract is issued by an organization which is qualified for exemption pursuant to the provisions of Section 151.309(5) of the Texas Tax Code. The City will issue an exemption certificate to the Contractor. The Contractor must then issue a resale certificate to the material supplier for materials purchased. The Contractor must have a valid sales tax permit in order to issue a resale certificate. Upon obtaining consumable materials, the Contractor will issue a resale certificate in lieu of payment of sales tax, and the following conditions shall be observed; 1) The Contractor will transfer title of consumable, but not incorporated, materials to the City at the time and point of receipt by the Contractor; 2) The Contractor will be paid for these consumable materials by the City as soon as practicable.Payment will not be made directly but considered subsidiary to the pertinent bid item. The Contractor's monthly estimate will state that the estimate includes consumables that were received during the month covered by the estimate; and 3) The designated representative of the City must be notified as soon as possible of the receipt of these materials so that an inspection can be made by the representative. Where practical, the materials will be labeled as the property of the City. 23. The 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 Alternate(s) from the Base Bid or the selected Alternate bid. Page 4 00100 2-2021 Instructions to Bidders 00426487 FORM 1295 INSTRUCTIONS Pursuant to Section 2252.90 of the Texas Government Code, as of January 1, 2016, any business entity entering into a contract with a local government that requires approval of the governing body must submit a disclosure of interested parties (Form 1295)to the local government 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 tiles 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: https://www.ethics.state.tx.us/filing-info/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 FAQ page 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 mspinks(cbroundrocktexas. og_v 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 is required for each contract a business entity enters into with the City of Round Rock, including Supplementals,Amendments,and Change Orders. • A Form 1295 cannot be handwritten. It must be completed electronically through the TEC website application. If you have any questions regarding the process of filing Form 1295 with the City,please contact: Meagan Spinks,City Clerk Phone:(512)218-6644 E-mail: mspinksAroundrocktexas.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 1295.php Revised 10/27/2021-M.Spinks Page 1 of 1 00200 BID BOND BID BOND THE STATE OF TEXAS § § KNOW ALL BY THESE PRESENTS: COUNTY OF WILLIAMSON § That AGH2O Holdings, LLC of the City of Round Rock County of Williamson State of Texas as Principal, and FCCI Insurance Company authorized under the laws of the State of Texas to act as surety on bonds for principals,are held and firmly bound unto the CITY OF ROUND ROCK,TEXAS ("Owner"), in the penal sum of Five Percent(5%)of the total amount of the Bid of the Principal submitted to the Owner, for the Work described below;for the payment whereof,well and truly to be made,and the said Principal and Surety do herby bind themselves and their heirs, administrators, executors, successors and assigns, jointly and severally,as follows: In no case shall the liability of the Surety hereunder exceed the sum of( Five Percent of Bid Amount Dollars ($ 5%of Bid Amount 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 Meadow Lake Dock Improvement Project 2023 " for which. Bids are to be opened at the office of Owner on the 4th day of April 72023 . 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 April 2023 AGH2O Holdings, LLC FCCI Insurance Company Principal Surety James R. Lesko Sally Lorden ?- tle ame Printed Name Bye anaging Member TitleAttorne In-Fact 3817 Bent Brook Dr. Address: 6300 University Pkwy Round Rock, IX 18664-6261Sarasota, FL 34240 00200 4-2020 Page 1 Bid Bond 00443638 Resident Agent of Surety: I G2l.�Q�ly Signatur Sally Lorden-Donegan Insurance Agency Printed Name 314 N Camp Street Address Seguin,TX 78155 City,State,Zip Page 2 00200 4-2020 Bid Bond 00443638 FCCIGROUP GROUP GENERAL POWER OF ATTORNEY Know all men by these presents: That the FCCI Insurance Company, a Corporation organized and existing under the laws of the State of Florida(the"Corporation") does make, constitute and appoint: Bruce Barnard; Gwen Crouch; Debbie Hay; Tom Hewitt; Sally Lorden Each, its true and lawful Attorney-In-Fact, to make, execute, seal and deliver, for and on its behalf as surety, and as its act and deed in all bonds and undertakings provided that no bond or undertaking or contract of suretyship executed under this authority shall exceed the sum of(not to exceed $20,000,000.00): $20,000,000.00 This Power of Attorney is made and executed by authority of a Resolution adopted by the Board of Directors. That resolution also authorized any further action by the officers of the Company necessary to effect such transaction. The signatures below and the seal of the Corporation may be affixed by facsimile, and any such facsimile signatures or facsimile seal shall be binding upon the Corporation when so affixed and in the future with regard to any bond, undertaking or contract of surety to which it is attached. In witness whereof,the FCCI Insurance Company has caused these presents to be signed by its duly authorized officers and its corporate Seal to be hereunto affixed, this 23rd day of July , 2020. Attest: CIO ', t7 U;' Christina D. Welch, President €LL SEAL Christopher Shoucair, FCCI Insurance Company ,�, EVP, CFO, Treasurer, Secretary FCCI Insurance Company State of Florida County of Sarasota Before me this day personally appeared Christina D. Welch, who is personally known to me and who executed the foregoing document for the purposes expressed therein. My commission expires: 2/27/2023 . a sad aadF'""° E�Ires 02rz7l��3 183505 Notary Public State of Florida County of Sarasota Before me this day personally appeared Christopher Shoucair, who is personally known to me and who executed the foregoing document for the purposes expressed therein. My commission expires: 2/27/2023 NaryPu01c5h*dFo da ,a�, Peppy'naw ,a, F:d asaar�n"soia°1e3sos Notary Public CERTIFICATE I, the undersigned Secretary of FCCI Insurance Company, a Florida Corporation, DO HEREBY CERTIFY that the foregoing Power of Attorney remains in full force and has not been revoked; and furthermore that the February 27, 2020 Resolution of the Board of Directors, referenced in said Power of Attorney, is now in force. Dated this 4th day of April 2023 Christopher Shoucair, EVP, CFO,Treasurer, Secretary FCCI Insurance Company 1-IONA-3592-NA-04, 7/2021 00300 BID FORM BID FORM JOB NAME: Meadow Lake Dock Improvement Project 2023 JOB LOCATION: Round Rock, Williamson County, Texas OWNER: City of Round Rock, Texas DATE: March 2023 Ladies and 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 supplemental specifications, and as shown on the plans for the construction of Meadow Lake Dock Improvement Project 2023 and binds himself on acceptance of this proposal to execute a contract and bond for completing said project 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 March 31, 2023. Prior to submitting a bid, the bidder is responsible for determining if any addenda have been issued and for following any instructions in any addenda issued. Bidder acknowledges receipt of the following Addenda by listing Addendum "number" and "date". Addendum: Date: b The Owner reserves the right to award any combination of bid items in the Base Bid. Page 1 0200-9-2015 Bid Form BASE BID Bid Approx. Item Description Unit Item Quantity Unit and Written Unit Price Price Amount 1. 1 LS Mobilization, comZlete in=1acer plan, for oh'Ittr,adollars 00 00 and A/p cents. $/Bodo $ . 2. 1 MO Barricades, Signs and Traffic Handling, complete in place per plan, for�ii::;hf NWauo dollars O0 OSZ and 0 /VD cents. $ goo $ 8 3. 140 SY Concrete Sidewalk (4"), complete in place per plan, foreWe 04,yocu ff Of dollars 00 and No cents. $ 140 • $ 19 foo• 4. 250 LF Silt Fence (Install, Maintain And Remove) complete in place per plan, forr tFT � dollars 0_0 00 and Kb cents. $ 15 • s3756 . 5. 1 EA Stabilized Construction Entrance, complete in place per an, forTw" A%k µvK s 40 00 and Mu cents. $ $ Z SC0 6. 1 LS Concrete Dock Bulkhead/ Abutment, complete in place fo y �.r AoWto °.0 Ob and N G cents. $28 CLOD $Z8 qq& 7. 130 CY Excavation and Haul Off, complete in place per plan, forsevead e;Ja dollars 00 and 610 cents. $?.S• V $ 9, 7.9;D. Page 2 0200-9-2015 Bid Form Bid Approx. Item Description Unit Item Ouantity Unit and Written Unit Price Price Amount 8. 30 CY Embankment, complete in place pe�r��lyand for 00 t�v�6,0 T�►Yt6Il`dar`s CLO ot- and at, cents. $ 1 Z4� $ 3 7 0 . 9. 1 LS Demolition and removal of Concrete sidewalk, complete in place perp�� for5egx--"f Five V; ars ao 00 and /jt, cents. $ 7—t 00 $ 7. !;700. 10. 1 LS Concrete Washout Pad, complete in place per plan, for'rvwo D dollars Ov 00 and No cents. $ � $_ OW 11. 38,400 SF Re-vegetation using Bermuda hydroseed of all disturbed areas, complete in place, per plan. for O dollars and F'iFf",J cents. $ b 12. 1 LS Temporary irrigation for the Establishment and hydroseed re-vegetation of all disturbed areas, complete in place, perlan. for/=o&ni Five u'_ o�a�1 s o d and NO cents. $ SCX7 $ 5-00 Page 3 0200-9-2015 Bid Form Bid Approx. Item Description Unit Item Quantity Unit and Written Unit Price Price Amount 13. 1 LS Purchase and install of Floating Dock as manufactured by Floatation Systems, Inc. (Ph.: 800.711.1785) or approved equal per plans and specifications, complete in place, per Fb for Mlle *-Xk l_0 a kA4wil> 0o 00 and "M2 cents. $ 1 I L100 $ 1911 X0 100 �— q oa TOTAL BASE BID (Items 1 thru 13): $ V ? !C� /AQ l STATEMENT OF SEPARATE CHARGES: pct Materials: $ 0© OGCO -. All Other Charges: $ 9.1 9/(' *Total: $ • 99 ft- Note: This total must be the same amount as shown above for "Total Base Bid" If this proposal is accepted, the undersigned agrees to execute the contract and provide necessary bonds and insurance certification as per the Instructions to Bidders and commence work within ten (10) days after written Notice to Proceed. The undersigned further agrees to complete the work in full within one hundred twenty (180) calendar days after the date of the written Notice-to-Proceed. The undersigned certifies that the bid prices contained in the proposal have been carefully checked and are submitted as correct and final. The Owner reserves the right to reject any or all bids and may waive any informalities. Page 4 0200-9-2015 Bid Form Respectfully Submitted, 2 d4jZ<-� i ature J AMES K L E-Sk.0 3g1? $&j` 8?,00L NeiuE )212 l� Print Name Address 78WoV 67 E^J E"L /VA+✓4C*E2 ('5'Z, L/49 r i \Y Title Telephone Na o Firm Y Z3 Date Secretary, if Bidder is a Corporation INPage 5 0200-9-2015 Bid Fonn 00410 STATEMENT OF BIDDER'S SAFETY EXPERIENCE Page 1 00410 8-2014 Statement of Bidder's Safety Experience 00090654 Solicitation Requirements, Contract Forms & Conditions of Contract Statement of Bidder's Safety Experience Section 00410 Bidder must submit a signed Statement of Bidder's Safety Experience form with his Bid; failure to do so will constitute an incomplete Bid that may be rejected. In order to make a responsive Bid, Bidder must provide evidence that it meets minimum OSHA construction safety program requirements, has not been fined by OSHA for any willful safety violations in the past three years, and has a lost time injury rate that doesn't exceed the limits established below. All questions must be answered and data given must be clear and comprehensive. If necessary, questions may be answered on separate attached sheets. Company Name: Aqf1i�'�-j 0 E}o L.VI#J 4n S L Lc Address: 3 QFC 240011, K �� Rmkc 73%Y Phone:� 2 ye it 7(0 Completed by: J A,r+ eS Lak-o Date: %I.SL 3 1. Does the company have a written construction Safety program? UTes ❑No 2. Does the company conduct construction safety inspections? fl'i'es ❑No 3. Does the company have an active construction safety-training program? [RYe's ❑No 4. Has the company been fined by OSHA for any willful safety violations in the past ❑Yes [2-Ko three years? 5. Does the company have a lost time injury rate of 7.8 for SIC 15,or 7.6 for SIC 16, [Kes ❑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 Ql�'es ❑No ❑N/A B. Excavation G?Yes ❑No ❑N/A C. Cranes Gales ❑No ❑N/A D. Electrical 191les []No ❑N/A E. Fall Protection @<Ies ❑No E]N/A F. Confined Spaces &Kes ❑No ❑N/A I hereby certify that the above information is true and correct. Signature s Title 4 CJ MAA140& Page 1 00410 8-2014 Statement of Bidder's Safety Experience 00090654 OSHA's Form 300A (Rev.04/2004) Note:You can type input into this form and save it. year 20 Because the forms in this recordkeeping package are"fillable/writable" 22 PDF documents,you can type into the input form fields and Summary of Work-Related Injuries and Illnesses then save your inputs using the free Adobe PDF Reader. U.S. Department of Labor occupational Safety and Health Administretlon ':ealtl�IC•,. .. ..:.:tri. All establishments covered by Part 1904 must complete this Summary page,even if no work-related injuries or illnesses occurred during the year. Perm approved OMB no.121&0176 Remember to review the Log to verify that the entries are complete and accurate before completing this summary. Using the Log,count the individual entries you made for each category. Then write the totals below,making sure you've added the entries from every page of the Log.If you had no cases,write"0." Employees,former employees,and their representatives have the right to review the OSHA Form 300 inns entirety. They also have limited access Establishment information to the OSHA Form 301 or its equivalent.See 29 CFR Part 1904.35,in OSHA's recordkeeping rule,for further details on the access provisions for Your establishment name AGH2O Holdings, LLC these forms. street 3817 Bent Brook Drive Number of Cases CityRound Rock State TX Zip 78664 Total number of Total number of Total number ofcases Total number of deaths cases with days with job transfer or other recordable Industry description(e.g.,Manufacture of'moror truck trailers) away from work restriction cases 0 0 0 0 Construction (G) (H) (I) (J) North American Industrial Classification(NAICS),if known(e.g.,336212) 236200 Number of Days Employment information(Ijyou don't have these figures,see the Total number of days Total number of days of Workrheer on the nest page to estimate.) away from work job transfer or restriction O 0 Annual average number of employees Z (K) Total hours worked by all employees last year I yo? Injury and Illness Types Sign here Knowingly falsifying this document may result in a fine. Total number of... (M) I certify that I have a mined this document and that to the best of (t)Injuries 0 (4) Poisonings 0 m nowledge the a ies re true,accurate,and complete. (2)Skin disorders 0 (5) Hearing loss 0 o pang executive Title (3) Respiratory conditions 0 (6) All other illnesses 0 Pane(512)484-7611 Da1e 12/31/2022 Post this Summary page from February 1 to April 30 of the year following the year covered by the form. Reset Public reporting burden for this collection of information is estimated to average 58 minutes per response,including time to review the instructions,Burch and gather the dam needed,and complete and review the collection of information.Persons arc not required to respond to the collection of infonmi ion unless it displays a currently valid OMB control number If you have any ou comments about thestimolcs or any other aspects of this dam collection,comae:us Department of tabor,OSHA Office of statistical Amlysis.Room N-3644,200 Constitution Avenue,NW, Washington,DC 20210.tb not send the completed forms to this office. OSHA's Form 300 (Rev. 04/2004) Note:You can type input into this form and save/t. Attention:This form contains information relating to Log of Work-Related Because the forms in this recordkeeping package are"fillable/writable" employee health and must be used in a manner that PDF documents,you can type into the input form fields and22 then save your inputs using the free Adobe PDF Reader.In addition, protects the confidentiality o employees e the extent Year 20 Injuries and Illnesses the forms are programmed to auto-calculate as appropriate. Possible while the information is being used for U.S. Department of Labor occupational safety and health purposes. occaPationai Safoty and Hearth Administration Please Record: Reminders: rano ahp, r 1h1 a„a.1218A)17(, •Information about every work-related death and about every work-related injury or illness that Involves loss of •Complete an Injuryand Illness Incident Report(OSHA Form 301)or equivalent consciousness,restrictedwork activityorjob transfer,days away from work,or medical treatment beyondfirst aid. form for each injury or illness recorded on this form.Ifyou're not sure whether a Estabishmentname AGH2O Holdings, LLC •Significant work-related injuries and illnesses that are diagnosed by a physician or licensed health care professional. case is recordable,call your local OSHA office for help. •Work-related injuries and illnesses that meet any of the specific recording criteria listed in 19 CFR Part 1904.8 •Feel free to use two Crty lines for a single case if you need to. Round Rock through 1904.11. •Complete the 5 steps for each case. State TX Step 1.Identify the person Step 2.Describe Step 3. Classify the case �-- (A) (B) (C) (D) (E) (F) SELECT ONLY aNE circle based on the Enter the number of Case Employee's name Job title Date of in'un Where the event occurred days the injured or ill Select one column: no. 1 Describe Indo a illness,parts a body worker was: (e.g.,R'elder) or onset of (e.g..Loading dock north end) affected,and objecVsubstanceihat illness directly injured or made person LI(e.g.. Remained at Work --ss �--- (a8.2/10) Second degree bums on nigh/forearm from ��Ill cI ncetvlene torch) fDaysrom away Job transfer able ....- Away an job (M) Doan, from work or restriction solo cases from lfiMtef or m (G) (H) (1) (J) (Kj restriction(L =d Reset (1) (2) (3) (4) (5) (6) / month/day 0 0 0 0 _days _days 000000 Reset —,_ 000000 month/day O O O O _says _days Reset 0 0 0 0 _days _days 000000 month/dor Reset 000000 rrwntn/say O O O O _days _days Reset rnonm/day 0 0 0 0 —day. _days 000000 Reset /_ mnday 0 0 0 0 _days —days 000000 rt,onih/day mo / Reset 0 0 0 0 _days _days 000000 Reset _/ rr,onlh/day 0 0 0 0 _darn _days 000000 month/day 0 0 0 0 _days —day. 000000 Reset / month/day 0 0 0 O _tlays _days 000000 00000 Public mNr`"9 burdm fm this collection of infommtioo is estimated to average mu-n-,mu-n-, IJ mimeo per response,including time to rcciew dse ' O O 0 O O O O O O O O (] n-, ch..d gather the dam nocded,and nio noplete and review the collec, o of inromation.Persons arc not required to Page totals re'Pand m the ao1IM-cas of information unlos it display,,'--fly-fid OMBt of Lo convol m,mher.If y hate any comments aMw these Add a Form Page _ estinmtcx nr any o,hcr aspecm of this dam cdl«tion,enowl:IA Departenabor.OSI IA Office of Statistical Analysis.Room Be sura to transfer these totals to the Summary page(Form 300,4)before you post it. ;^ � N-3644,2W C.-timtion Avenue,NW.WasM16von,DC 20210.Du not send the complckd fours,to this once. _ a e E a 3 L2t (1) (2) (3) (4) (5) (6) OSHA's Form 300A (Rev.0412004) Note:You can type input into this form and save it. Because the forms in this recordkeeping package are"fellable/writable" Year 2021 Summary of Work-Related Injuries and Illnesses PDF documents,our inputs s using the free Adon type into the be PDut F Reader.fields of Labor then save p g U.S. Department `�•" Occupational Safety and Hoalth Adminiatratlon All establishments covered by Part 1904 must complete this Summa Porn approved oene nn.1218-0 176 Remember to review the Log to verify that the entries are complete and accurate before completing this usummarry illnesses occurred during the year. Using the Log,count the individual entries you made for each category. Then write the totals below,making sure you've added the entries from every page of the Log.if you had no cases,write"0." Employees,former employees,and their representatives have the right to review the OSHA Form 300 in its entirety. They also have limited access Establishment information to the OSHA Form 301 or its equivalent.See 29 CFR Part 1904.35,in OSHA's recordkeeping rule,for further details on the access provisions for these forms. tour aatabllsnmant name AGH2O Holdings, LLC Number of Cases Street 3817 Bent Brook Drive city Round Rock State TX Zip- deaths 78664 Total number of Total number of Total number of cases Total number of cases with days with job transfer or other recordable away from work restriction cases Industry description(e.g.,Manufacture gfmntor truck trailers) 0 0 0 0 Construction (G) (H) (I) P) North American Industrial Classification(NAICS),if known(e.g.,336212) Nuinber236200 . .. T Employment information(Ifyou don't have these figures,.see the otal number of days Total number of days of Worksheet ort the next page to errinmre.) away from work job transfer or restriction Q 0 Annual average number of employees (K) (L) Total hours worked by all employees last yearInjury and Illness Types loLy Sign here Total number of... Knowingly falsifying this document may result in a fine. (M) I certify that I have examined this document and that to the best of (1)Injuries 0 (4) Poisonings 0 ?Opany wledge the a ies are true,accurate,and complete. (2) Skin disorders �' �• /q(la/Z 0 (5) Hearing loss Q executive Title (3)Respiratory conditions Q 0 512)484-7611 pate 12/31/2021 (6) All other illnesses Post this Summary page from February 1 to April 30 of the year following the year covered by the form. Public reporting burden Gtr this collectins of information is cslimated to—rage 58 n,inwcs Reset per rection o inforroati titre to review the in Currentlyol,scorch and control the data needed,Ifou and complete and rcvicu�the collection of information.Persons arc not required to respond to the collection of inform tbn unless it displays a curtenlly valid OMB control number.If you have any comm' v nts about due cstirnes or any other aspects of this data collection,conucC us rkpanrncn,of Labor,OSHA Once of Statistical Analysis.Room N-36414,200 Cowimtion Avenue,NW, Washinglon,DC 20210.Do not send the completed form,to This office. OSHA's Form 300 (Rev. 04/2004) Note:You can type input into this form and save it. Attention:This form contains information relating to Log of Work-Related Because the forms in this recordkeeping package are"tillable/writable" employee health and must be used in a manner that PDF documents,you can type into the input form fields and protects the confidentiality of employees to the extent Year 20 21 then save your inputs using the free Adobe PDF Reader.in addition, possible while the information is being used for U.S. Department of Labor Injuries and Illnesses the forms are programmed to auto-calculate as appropriate. occupational safety and health purposes. Occupational Safety and Health Adminla traflon Please Record: Reminders: Form approved ands no 121"176 •Information about every work-related death and about every work-related injury or illness that involves loss of •Complete an Injury and Illness Incident Report(OSHA Form 301)or equivalent consciousness,restricted work activity orjob transfer,days away from work,or medical treatment beyond first aid. form for each injury or illness recorded on this form.lfyou'renot sure whether a Establishment_ AGH2O Holdings, LLC •Significant work-relatedinju/iesand illnesses that are diagnosed by a physician or licensed health careprofessional. case is recordable,collyourlocal OSHA office for help. Work-related injuries and illnesses that meet any ofthespecific recording criteria listed in 29CFR Part 1904.8 Feel free to use two lines for a single case ifyou need to. ROUDCI Rock TX through 1904.11. •Complete the 5 steps for each case. city state Step 1.Identify the person Step 2.Describe the case Step 3.Classify the case 7 SELECTONLY ONE circle based on the (A) (B) (C) (D) (E) (F) Ener(he number or Casep days the Injured or ill Select one column: Em by're's name Job title Date of iojun� Where the event occurred Describe injury or illness,parts of bode no, fe.g..Welder) or onset of (e.g.,Loworker was:ading dock north end/ affected,and object/substance that illness directly injured or rade person LI(e.g., Remained a(Work (c.g.,2/10) Second degree bums on right firearm from Iciness acetvlenetorch) Day.away Job transfer other record- Away Onjob (M) Death from work or restriction able cases from transfer or (G) (H) (I work restriction (J) (K) (L) Reset / ( (O000( ( ( (0 month/day 0 0 0 0 days _days 0 Reset monN day 0 0 0 0 —data 000000 / Reset 0 0 0 0 _days _days 000000 rtanlh/day 000000 month/day O O O O _days _days Reset _ month!day 0 0 0 0 _days _days 000000 Reset _/_ 0 0 0 0 _ears _ear= 00000 0 month Reset 0 0 0 O 000000 rtionthlday days _days Reset _/_ month!day 0 0 0 0 _days _days 000000 Reset _I_ 0 0 00 _days _days 000000 month i day Reset month!day 0 0 0 0 _days _tlays 000000 Public rrr rhng burden for thio roilMion of mfn-11-1 is estimated I..,—W)4 minae,per respm,se,ir,cluding time le review the 10' O O 0 O O O O O O O O O instructions,search and gather en the dais needrd,ane complete and m-ice the mllmion of int ration.Pns arc tat rcyuisrd ie Page totals respond to the colleeliem of int mutiem unicss ii displays a eunenily valid okfa comml sumher.try.have any comments aM,ut these Add a Form Page _ ewnates or any ocher aspects of this dam collection,ennmet:GS Dcpanmcnt of LaMx,OSHA Office of Satislicsl Amlysis.Room Be sure to transfer these totals to the Summary page(Form 300A)before you post it. 5 NA644.200 Comneei..Avenue,NW,Washi,,h mu,n('101 10.D...,send the completed toms to this office e rr _ (t) (2) (3) (4) (5) (s) OSHA's Form 300A (Rev.04/2004) Note:You can type input into this form and save it. Year 20 Because the forms in this recordkeeping package are"fillable/writable" 20 PDF documents,you can type into the input form fields and — Summary of Work-Related Injuries and Illnesses then save your inputs using the free Adobe PDF Reader. U.S.Department of Labor =ea®av,; Occupational Safety and Health Administration onn m_ All establishments covered by Part 1904 must complete this Summary page,even if no work-related injuries or illnesses occurred during the year. fappnmv 1O'd 13 1'-1x-01-6 Remember to review the Log to verify that the entries are complete and accurate before completing this summary. Using the Log,count the individual entries you made for each category. Then write the totals below,making sure you've added the entries from every page of the Log.If you had no cases,write`0." Establishment information Employees,former employees,and their representatives have the right to review the OSHA Form 300 in its entirety. They also have limited access to the OSHA Form 301 or its equivalent.See 29 CFR Part 1904.35,in OSHA's recordkeeping rule,for further details on the access provisions for Yaar aatablishmeet nam. AGH2O Holdings, LLC these forms. street 3817 Bent Brook Drive Number of Cases Total number of Total number of Total number of cases Total number of City Round Rock State TX Zip 78664 deaths cases with days with job transfer or other recordable Industry description(e.g.,Manufacture ofmotor truck trailers) away from work restriction cases 0 0 0 0 Construction (G) (H) (I) (�) North American Industrial Classification(NAICS),if known(e.g.,336212) 236200 NumberofDays Employment Information(If you don't have these figures,.see the Total number of days Total number of days of Worksheet on the nest page to estimate.) away from work job transfer or restriction O 0 Annual average number of employees j (K) Total hours worked by all employees last yearInjury and Illness Types !371 Sign here Knowingly falsifying this document may result in a fine. Total number of... (M) I certify that 1 have examined this document and that to the best of 1 0 0 t 4nowledge the a ies are true,accurate,and complete. O Injuries (4) Poisonings L7eN . Kl E.n. (2) Skin disorders 0 (5) Hearing loss 0 C uipany executive Title (3) Respiratory conditions 0 (6) All other illnesses 0 I'honc(512)484-7611 Date 12/31/2020 Post this Summarypage from February 1 to Apr/f 30 of the year following the year covered by the form. Reset Public reporting burden for this collection of inttt tion is estimated to average 58 minutes per m sponse,including time to review the instructions,--arch and gather the data needed,and complete and review the collection of information.Persons arc net required to respond to the collection of information uric.it displays a currently valid OMB somal mmubor.If you have any comments about these estimates or any odxr aspects of this data collection.contact:US Department o(Labor,OSHA Office o(Sulistical Analysis,Room N-3644,200 Constitution Avenue,NW, Washington,DC 20210.Do not send the completed forms to this office. OSHA's Form 300 (Rev. 04/2004) Note:You can type input into this form and save it. Attention:This form contains information relating to Log of Work-Related Because the forms in this recordkeeping package are"tillable/writable" employee health and must be used in a manner that PDF documents,you can type into the input form fields and20 protects the confidentiality of employees to the extent Year 20 then save your inputs using the free Adobe PDF Reader.In addition, possible while the information is being used for Injuries and Illnesses the forms are programmed to auto-calculate as appropriate. occupational safety and health purposes. U.S.Department of Labor Occupational Safety and Health AdminlsfratlOn ;araxc,rmx-::- Please Record: Reminders: Form.ppro-d OMB tm.121"176 •Information about every work-related death and about every work-related injury or illness that involves loss of •Complete an Injury and Illness Incident Report(OSHA Form 301)or equivalent consciousness,restricted work activity oriob transfer,daysawaytiont work,or medical treatment beyond first aid. form for each injury or illness recorded on this form-Ifyou're not sure whether a Esrenlisnmemneme AGH2O Holdings, LLC •Signiiicantwork-related injuries and illnesses that are diagnosed byaphysician arlicensed health care professional. case isrecordable,call your local OSHA ofBcefor help. •Work-related injuries and illnesses that meet any of the specific recording criteria Its led in 19 CFR Part 1904.8 •Feel free to use two lines for a single case ifyou need to. ROUIId ROCK TX through 1904.12. •Complete the 5 steps for each case. city stare IdentifyStep 1. person Step 2.D- scribe the case -r 3.Classify the case SELECT CNLY ONE circle based on the (A) (B) (C) (D) (E) (F) Enter the number of CaseEmployee's name Job title Date of injurt Where the event occurred Describe injury or illness,parts of body days the Injured or i11 Select one column: no. worker was: (e.g.,Weider) or onset of (e.g..Loading dock north end) affected,and object/substance that illness directly injured or made person ill(e.g.. Remained at Work (e.g.,1/10) Second degree bums on right forearm jmm Illness acetylene torch) Days away Job transfer other record. Away On Job (M) y Death from work or restriction able caeca from transfer or tl (ti) (H) (1) (J) work restriction R 9-3 Reset ! (K) (L) (1) (2) (3) (4) (5) (6) m.nthlday 0 0 0 0 _days —days 000000 Reset th day 0 0 O 0 _days _days 000000 mon7 Reset _I O O O 0 _days _days 000000 nwnlh I day Reset !_ 000000 monlnlsay O O O O _days _days Reset O O O O _day, _days 000000 rrwnlh/day Reset on/day 0 0 0 O _rwy= _days 000000 mo Reset _ m/day 0 O 0 0 _dors _days 000000 rnon Reset _/_ m/day O O O 0 _.Ys _days 000000 m.n Reset /_ O O O 0 _days _days 000000 Reset froom/day month/day O O O O _days _days 000000 Public mpuning burden rM this coll.Rion of int mutirnl is estimated to orange 14 minutes per response,including lime ro review the inPaye totals ' O O 0 O O O O O O O O O urueions,search and gather the ml dam needed,and crplete and review the collection of infi-rutnn.Persons nee not required to restnnd 1.the cnllcclinn of informnti.n unless it displays a currcmly valid Oh19 eo."i wmhcr.try,.have any o—mcn6 shoat these Add a Form Page Be sure to transfer these totals to the Summa page Form 300A before you �' £• m 9 2t citlmatel M any e(Aer.'Peels.f this dam collection,coomce US Dcpanment of Labor,OSHA Once of Statistical Analysis.Room Summary P 0 ( ) y post it. N-3644,200Constitution Avcnuc.t4\V,Wash,nLim,DC 20210.Ito not send the—Ticied forms to this office. — 9R E °c 5& a V, (f) (2) (3) (4) (5) (6) 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 hhOwner and Contractor AGREEMENT made as of the d ( )day of in the year 20x3 Ii BETWEEN the Owner: City of Round Rock,Texas(hereafter"Owner"or"City") 221 East Main Street Round Rock,Texas 78664 and the Contractor G a o ("Contractor") 1r Rnk.gaRoc-Y-- TX U966N The Project is described as: Meadow Lake Dock Improvement Project 2023 The Engineer is: LUCK Design Team,LLC 9600 Escarpment Blvd.,#745-4 Austin,Texas 78739 Phone:(512)810-0684 For and in consideration of the mutual terms, conditions and covenants of this Agreement and all accompanying documents between Owner and Contractor, the receipt and sufficiency of which are hereby acknowledged,Owner and Contractor agree as follows: ARTICLE I THE CONTRACT DOCUMENTS The Contract Documents consist of this Agreement,Conditions of the Contract(General,Supplementary and other Conditions),Drawings, Specifications,Addenda issued prior to execution of this Agreement,other documents listed in this Agreement and Modifications issued after execution of this Agreement;these form the Contract,and are as fully a part of the Contract as if attached to this Agreement or repeated herein. The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations,representations or agreements, either written or oral.An enumeration of the Contract Documents,other than Modifications,appears in Article 7. ARTICLE 2 THE WORK OF THIS CONTRACT Contractor shall fully execute the Work described in the Contract Documents,except to the extent specifically indicated in the Contract Documents to be the responsibility of others. 00500 4-2020 Page 1 of 5 Standard Form of Agreement 00443647 ARTICLE 3 DATE OF COMMENCEMENT;DATE OF SUBSTANTIAL COMPLETION;DATE OF FINAL COMPLETION 3.1 The date of commencement of the Work shall be the date of this Agreement unless a different date is stated below or provision is made for the date to be fixed in a Notice to Proceed issued by Owner. 3.2 The Contract Time shall be measured from the date delineated in the Notice to Proceed. 3.3 Contractor shall commence Work within 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 sixty ( 60 )calendar days from issuance by Owner of Notice to Proceed, and Contractor shall achieve Substantial Completion of the entire Work no later than sixty 60 )calendar days from issuance by Owner of Notice to Proceed,subject to adjustments of this Contract Time as provided in the Contract Documents. 3.5 If Contractor fails to achieve Substantial Completion of the Work(or any portion thereof)on or before the date(s)specified for Substantial Completion in the Agreement,Contractor shall pay to Owner,as liquidated damages, the sum of two hundred fifty dollars and No/100 Dollars($250.00 ) for each calendar day that Substantial Completion is delayed after the date(s) specified for Substantial Completion. It is hereby agreed that the liquidated damages to which Owner is entitled hereunder are a reasonable forecast of just compensation for the harm that would be caused by Contractor's failure to achieve Substantial Completion of the Work(or any portion thereof)on or before the date(s)specified for Substantial Completion in the Agreement and is not a penalty. It is agreed that the harm that would be caused by such failure, which includes loss of expected use of the Project areas,provision of alternative storage facilities and rescheduling of moving and occupancy dates,is one that is incapable or very difficult of accurate estimation.It is hereby agreed that if Substantial Completion of the Work(or any portion thereof)is not achieved on or before thirty(30)days after the date(s) specified for Substantial Completion in the Agreement, the Owner shall have the option to either collect liquidated damages as set forth herein or to thereafter rely on its remedies under the Contract Documents and at law and in equity, including without limitation, the recovery of actual damages. The date(s) specified for Substantial Completion of the Work(or any portion thereof)in the Agreement shall be subject to adjustment as provided in the Contract Documents. 3.6 Contractor shall achieve Final Completion of the entire Work no later than ninety 9(_0 )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 nintev nine thousand nine hundred ten dollars and zero cents ($299,910.00 ),subject to additions and deductions as provided in the Contract Documents. 4.2 Does the Contract Sum include alternates which are described in the Bid Form? No X Yes .If yes,please provide details below: N/A 00500 4-2020 Page 2 of 5 Standard Form of Agreement 00443647 ARTICLE 5 PAYMENTS 5.1 PROGRESS PAYMENTS 5.1.1 Based upon Applications for Payment submitted to Engineer and Owner by Contractor,and Certificates for Payment issued by Engineer and not disputed by Owner and/or Owner's lender,Owner shall make progress payments on account of the Contract Sum to Contractor as provided below, in Article 14 of the General Conditions, and elsewhere in the Contract Documents. 5.1.2 The period covered by each Application for Payment shall be one calendar month ending on the last day of the month. 5.1.3 Provided that an Application for Payment is received by Engineer and Owner, and Engineer issues a Certificate of Payment not later than the tenth (10th) day of a month, Owner shall make payment to Contractor of amounts approved by the Owner not later than the tenth(10th)day of the next month.If an Application for Payment is received by Engineer and Owner after the application date fixed above,payment shall be made by Owner not later than one month after the Engineer issues a Certificate for Payment. The Owner shall not have any obligation to pay any amount covered by the Engineer's Certificate for Payment that is disputed by the Owner. 5.1.4 Each Application for Payment shall be based on the most recent schedule of values submitted by Contractor in accordance with the Contract Documents.The schedule of values shall allocate the entire Contract Sum among the various portions of the Work. The schedule of values shall be prepared in such form and supported by such data to substantiate its accuracy as Engineer and Owner may require.This schedule,unless objected to by Engineer or Owner, shall be used as a basis for reviewing Contractor's Applications for Payment. 5.1.5 Applications for Payment shall warrant the percentage of completion of each portion of the Work as of the end of the period covered by the Application for Payment. 5.1.6 Subject to other provisions of the Contract Documents, the amount of each progress payment shall be computed as provided in Article 14 of the General Conditions. 5.1.7 Except with Owner's prior written approval, Contractor shall not make advance payments to suppliers for materials or equipment which have not been delivered and stored at the site. 5.2 FINAL PAYMENT 5.2.1 Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made by Owner to Contractor when: .1 Contractor has fully performed the Contract except for Contractor's responsibility to correct Work, and to satisfy other requirements,if any,which extend beyond final payment;and .2 a final Certificate for Payment has been issued by Engineer and approved by the Owner. 5.2.2 Owner's final payment to Contractor shall be made no later than thirty (30) days after the issuance of Engineer's final Certificate for Payment. In no event shall final payment be required to be made prior to thirty(30) days after all Work on the Contract has been fully performed.Defects in the Work discovered prior to final payment shall be treated as non-conforming Work and shall be corrected by Contractor prior to final payment,and shall not be treated as warranty items. ARTICLE 6 TERMINATION OR SUSPENSION 6.1 The Contract may be terminated by Owner or Contractor as provided in Article 15 of the General Conditions. 00500 4-2020 Page 3 of 5 Standard Form of Agreement 00443647 6.2 The Work may be suspended by Owner as provided in Article 15 of the General Conditions. ARTICLE 7 ENUMERATION OF CONTRACT DOCUMENTS 7.1 The Contract Documents,except for Modifications issued after execution of this Agreement,are enumerated as follows: 7.1.1 The Agreement is this executed version of the City of Round Rock,'Texas Standard Form of Agreement between Owner and Contractor,as modified. 7.1.2 The General Conditions are the "City of Round Rock Contract Forms 00700," General Conditions, as modified. 7.1.3 The Supplements ,Special,and other Conditions of the Contract are those contained in the Project Manual dated March 203 7.1.4 The Specifications are those contained in the Project Manual dated 111211 Un `v`.3 7.1.5 The Drawings,if any,are those contained in the Project Manual dated 111211 a:u `uki 7.1.6 The Insurance&Construction Bond Forms of the Contract are those contained in the Project Manual dated 11121fCH GVGJ 7.1.7 The Notice to Bidders,Instructions to Bidders,Bid Form,and Addenda,if any,are those contained in the Project Manual dated March 2023 7.1.8 If this Agreement covers construction involving federal funds, thereby requiring inclusion of mandated contract clauses, such federally required clauses are those contained in the "City of Round Rock Contract Forms 03000,"Federally Required Contract Clauses,as modified. 7.1.9 Other documents,if any,forming part of the Contract Documents are as follows: N/A ARTICLE 8 MISCELLANEOUS PROVISIONS 8.1 Where reference is made in this Agreement to a provision of any document, the reference refers to that provision as amended or supplemented by other provisions of the Contract Documents. 8.2 Owner's representative is: Katie Baker,Park Development Manager City of Round Rock Parks and Recreation 301 W Bagdad Ave,Round Rock,TX 78664 512.341.3355 8.3 Contractor's representative is: Tt-- C-S R. S� G-1}ao f di 1rZ Bcrt+ $ K Dr �k Tx hSG��I 51 gfsy No It 8.4 Neither Owner's nor Contractor's representative shall be changed without ten(10)days'written notice to the other party. 00500 4-2020 Page 4 of 5 Standard Form of Agreement 00443647 8.5 Waiver of any breach of this Agreement shall not constitute waiver of any subsequent breach. 8.6 Owner agrees to pay Contractor from available funds for satisfactory performance of this Agreement in accordance with the bid or proposal submitted therefor,subject to proper additions and deductions,all as provided in the General Conditions, Supplemental Conditions, and Special Conditions of this Agreement, and Owner agrees to make payments on account thereof as provided therein. Lack of funds shall render this Agreement null and void to the extent funds are not available. This Agreement is a commitment of City of Round Rock's current revenues only. 8.7 Although this Agreement is drawn by Owner,both parties hereto expressly agree and assert that,in the event of any dispute over its meaning or application,this Agreement shall be interpreted reasonably and fairly,and neither more strongly for nor against either party. 8.8 This Agreement shall be enforceable in Round Rock,Texas,and if legal action is necessary by either party with respect to the enforcement of any or all of the terms or conditions herein,exclusive venue for same shall lie in Williamson County, Texas. This Agreement shall be governed by and construed in accordance with the laws and court decisions of the State of Texas. 8.9 Both parties hereby expressly agree that no claims or disputes between the parties arising out of or relating to this Agreement or a breach thereof shall be decided by an arbitration proceeding,including without limitation,any proceeding under the Federal Arbitration Act(9 USC Section 1-14)or any applicable state arbitration statute. 8.10 The parties, by execution of this Agreement, bind themselves, their heirs, successors, assigns, and legal representatives for the full and faithful performance of the terms and provisions hereof. This Agreement is entered into as of the day and year first written above and is executed in at least two(2) original copies,of which one is to be delivered to Owner. OWNER CONTRACTOR CITY OF R ND ROC TEXAS /}G Ago 1alans LLc 4 Printed Name tinted Name: V Gt�'t'GS R' LSlo Titlemnaa. Title: ocm--t" Nw"f--c Date Signed: —7 I-Z�, Date Signed: 7/ 16/2-3 AT City Clerk C) FOR CIJX,APPROVED AS TO FORM: omey 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 1. 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://www.tdi.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"eligible for a Texas license." Please verify with the Texas Dept of Insurance Website:http://www.tdi.state.tx.us/.—Company Lookup b. Policy has to be written by licensed surplus lines Agent. Also verify with the Texas Dept of Insurance Website:http://www.tdi.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#4405548 PERFORMANCE BOND THE STATE OF TEXAS § § KNOW ALL BY THESE PRESENTS: COUNTY OF WILLIAMSON § That AGH2O Holdings, LLC , of the City of Round Rock County of Williamson , and State of Texas ,as Principal, and FCCI Insurance Company authorized under the law of the State of Texas to act as surety on bonds for principals, are held and firmly bound unto the CITY OF ROUND ROCK, TEXAS (Owner),in the penal sum of Two hundred ninety-nine thousand nine hundred ten dollars and no/100--- Dollars ($ 299,910.00 for the payment whereof, well and truly to be made the said Principal and Surety bind themselves, and their heirs, administrators, executors, successors and assigns,jointly and severally,by these presents: WHEREAS,the Principal has entered into a certain written Agreement with the Owner dated the '0'S day of 75% ,20,'R3to which the Agreement is hereby referred to and made a part hereof as fully and to e same extent as if copied at length herein consisting of: Meadow Lake Dock Improvement Project 2023 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 m 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 42020 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 sum of this Performance Bond, plus all costs and expenses, including attorney's fees and expert and consultant fees incurred by Owner to enforce its rights under this Performance Bond. IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this 13th day of June 2023 AGH2O Holdings, LLC FCCI Insurance Company Principal Surety James Lesko Gwen Crouch Printed Name Printed ame By: k, By. T' e: Title: Attorney-in-Fact A ess: 3817 Bent Brook Dr. Address: 6300 University Parkway Round Rock, TX 78664-6261 Sarasota, FL 34240 Resident Agent of Surety: Signature Bruce Barnard Printed Name 314 N Camp Street Address TX 7A 1 AA City, tate ip Code Page 2 00610 4-2020 Pcdormance Bond 00443639 Bond#4405548 PAYMENT BOND THE STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS.- COUNTY RESENTS:COUNTY OF WILLIAMSON § That AGH2O Holdings, LLC of the City of Round Rock County of Williamson ,and State of Texas as Principal, and FCCI Insurance Company authorized under the laws of the State of Texas to act as Surety on Bonds for Principals,are held and firmly bound unto the CITY OF ROUND ROCK, TEXAS (OWNER), and all subcontractors, workers, laborers, mechanics and suppliers as their interest may appear, all of whom shall have the right to sue upon this bond, in the penal sum of Two hundred ninety-nine thousand nine hundred ten dollars and no/100------- Dollars($ 299,910.00 )for the payment whereof,well and truly be made the said Principal and Surety bind themselves and their heirs, administrators, executors, successors, and assigns,jointly and severally,by these presents_ WHEREAS,the Principal has entered into a certain written Agreement with the Owner,dated the c ' day of , 202-? to which Agreement is hereby referred to and made a part hereof as fully and t the same extent as if copied at length herein consisting of: Meadow Lake Dock Improvement Project 2023 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 042020 Payment Bond 00437699 PAYMENT BOND (continued) Surety, for value received, stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Agreement, or to the Work performed thereunder, or the plans, specifications or drawings accompanying the same shall in anywise affect its obligation on this bond,and it does hereby waive notice of any such change,extension of time, alteration or addition to the terms of the contract, or to the work to be performed thereunder. IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this Instrument this 13th day of June . 20 23 . AGH2O Holdings LLC FCCI Insurance Company Principal Surety James Lesco Gwen Crouch Printe Name Printed N e By. � B �.ni Iy� Y T' e- Title: Attorney-in-Fact A ess: 7 Bentrooms— Address: 6300 University Parkway Round Rack, TX 78664-6 Sarasota, Resident Agent of Surety: Signature Bruce Barnard Printed Name 314 N Camp Street Address Seguin, TX 78155 City, State&Zip Code Page 2 006201-2020 Payment Bond 00090656 FCCr INSURANCE GROUP GENERAL POWER OF ATTORNEY Know all men by these presents: That the FCCI Insurance Company, a Corporation organized and existing under the laws of the State of Florida (the "Corporation")does make, constitute and appoint: Bruce Barnard; Gwen Crouch; Debbie Hay; Tom Hewitt; Sally Lorden Each, its true and lawful Attorney-In-Fact, to make, execute, seal and deliver, for and on its behalf as surety, and as its act and deed in all bonds and undertakings provided that no bond or undertaking or contract of suretyship executed under this authority shall exceed the sum of(not to exceed $20,000,000.00): $20,000,000.00 This Power of Attorney is made and executed by authority of a Resolution adopted by the Board of Directors. That resolution also authorized any further action by the officers of the Company necessary to effect such transaction. The signatures below and the seal of the Corporation may be affixed by facsimile, and any such facsimile signatures or facsimile seal shall be binding upon the Corporation when so affixed and in the future with regard to any bond, undertaking or contract of surety to which it is attached. In witness whereof,the FCCI Insurance Company has caused these presents to be signed by its duly authorized officers and its corporate Seal to be hereunto affixed, this 23rd day of July , 2020. Attest: ::?g� Nrq Christina D.Welch, President SEAL Christopher Shoucair, FCCI Insurance Company - EVP, CFO, Treasurer, Secretary `�oa1a1. FCCI Insurance Company State of Florida County of Sarasota Before me this day personally appeared Christina D. Welch, who is personally known to me and who executed the foregoing document for the purposes expressed therein. My commission expires: 2/27/2023 N"y MON d°"` ��'`� TV 04 in X0„77°06 Notary Public State of Florida County of Sarasota Before me this day personally appeared Christopher Shoucair, who is personally known to me and who executed the foregoing document for the purposes expressed therein. My commission expires: 2/27/2023 E�l " ; "�"S"`ate �61� �a Notary Public CERTIFICATE I, the undersigned Secretary of FCCI Insurance Company, a Florida Corporation, DO HEREBY CERTIFY that the foregoing Power of Attorney remains in full force and has not been revoked; and furthermore that the February 27, 2020 Resolution of the Board of Directors, referenced in said Power of Attorney, is now �� in force. Dated this % T`� day of Christopher Shoucair, EVP, CFO,Treasurer, Secretary FCCI Insurance Company 1-10NA-3592-NA-04, 7/2021 TEXAS General Lines Agency Life, Accident, Health & HMO, Property and Casualty, Variable Contracts INSURORS OF TEXAS GENERAL AGENCY, LTD NPN: 3244883 225 S 5TH ST WACO, TX 767012112 is authorized to transact business as described above License No: 2415 Issue Date: 01-13-1993 Expiration Date: 01-13-2025 Generated by Sircon 281158033 TEXASS OFA IS HEREBY AUTHORIZED TO TRANSACT BUSINESS IN ACCORDANCE TO THE LICENSE DESCRIPTION SHOWN BELOW: DEPARTmaw OF INSURANCEI+ 1� THIS IS TO CERTIFY THAT z�s General Lines Agency INSURORS OF TEXAS GENERAL AGENCY, Life, Accident, Health & HMO, Property and LTD Casualty, Variable Contracts 225 S 5TH ST WACO,TX 767012112 Issue Date:01-13-1993 Expiration Date:01-13-2025 LICENSE NUMBER:2415 NPN:3244883 Generated by Sircon 281158033 ACO a DATE(MMIDDfYYYY) CC CERTIFICATE OF LIABILITY INSURANCE 06/12/2023 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Shannon Dickerson NAME: Insurors of Texas PHONE (254)759-3701 F (254)750-8135 AIC No Ext: MAXC No 225 South Fifth Street E-MAIL sdickerson@insurorsoftexas.com ADDRESS: INSURER(S)AFFORDING COVERAGE NAIC Y Waco TX 76701 INSURERA: Ohio Security Ins Co 24082 INSURED INSURER B: Acuity 14184 AGH2O Holdings,LLC INSURERC: Liberty Mutual Insurance Company 3817 Bent Brook Dr. INSURER D: Texas Mutual Ins Company 22945 INSURER E: Round Rock TX 78664 INSURER F: COVERAGES CERTIFICATE NUMBER: CL2351514935 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 CONTRACTOR 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. ICY EFF POLICY LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER MM DIDIYYW MM/DD EXP LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 71717715--_7 CLAIMS-MADE Fx_1 OCCUR PREMISES Ea occurrence $ 1,000,000 MED EXP(Any one person) $ 15,000 A BLS(23)57995133 05/18/2023 05/18/2024 PERSONAL&ADV INJURY $ 1.000,000 GEN'LAGGREGATELIMITAPPLIESPER. GENERAL AGGREGATE $ 2,000,000 POLICY JEo- LOC PRODUCTS-COMP/OPAGG $ 2,000,000 OTHER. $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 Ea accident ANYAUTO BODILY INJURY(Per person) $ B OWNED SCHEDULED Z00895 01/21/2023 01/21/2024 BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $ X AUTOS ONLY X AUTOS ONLY Per accident 19 Underinsured motorist $ 1,000,000 X UMBRELLA LIAB w"Z&� V 'I'—j" " 2,000,000 OCCUR EACH OCCU " RRENCE $ C EXCESS LIAB CLAIMS-MADE USO(23)57995133 05/18/2023 05/18/2024 AGGREGATE $ 2,000,000 DED I X1 RETENTION$ 10,000 $ WORKERS COMPENSATION SPER OTH- AND EMPLOYERS'LIABILITY v/N TATUTE ER D ANYR/PARTNER/EXECUTIVE a NIA 0001206353 11/18/2022 11/18/2023 E.L.EACH ACCIDENT $ 1,000,000 OFFICER/MEMBCERIMEMB ER EXCLUDED? (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under 1,000,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) The General Liability policy contains blanket automatic endorsements providing additional insured status&waiver of subrogation to the certificate holder only when there is a written contract between the named insured&certificate holder that requires such status.Workers Compensation policies include blanket automatic endorsements that provide waiver of subrogation status to the certificate holder only when there is a written contract between the named insured&the certificate holder that requires such status.Primary and Non-Contributory applies to the General Liability policy per the endorsement. The General Liability policy includes a blanket automatic endorsement that provides additional insured-vendors status to the certificate holder only when there is a written contract between the named insured&the certificate holder that requires such status. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN City Manager City of Round Rock ACCORDANCE WITH THE POLICY PROVISIONS. 221 E.Main Street AUTHORIZED REPRESENTATIVE Round Rock TX 78664 ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: 00015233 LOC#: ACORV ADDITIONAL REMARKS SCHEDULE `� Page of AGENCY NAMED INSURED Insurors of Texas AGH2O Holdings,LLC POLICY NUMBER 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 Insurance:Notes Project:Meadow Lake Dock Improvement Project 2023 ACORD 101 (2008101) © 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD ADDITIONAL COVERAGES Ref# Description Coverage Code Form No. Edition Date PIP-Basic PIP Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium 10,000 _t Ref# Description Coverage Code Form No. Edition Date Uninsured motorist combined single limit UMCSL Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium 1,000,000 Ref# Description Coverage Code Form No. Edition Date Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium Ref# Description Coverage Code Form No. Edition Date Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium Ref# Description Coverage Code Form No. Edition Date Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium Ref# Description Coverage Code Form No. Edition Date Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium Ref# Description Coverage Code Form No. Edition Date Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium Ref# Description Coverage Code Form No. Edition Date Limit 1 Limit 2 Limit 3 Deductible Amount 76eductible Type Premium Ref# Description Coverage Code Form No. Edition Date Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium Ref# Description Coverage Code Form No. Edition Date Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium Ref# Description Coverage Code Form No. Edition Date Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium FoFADTLCV Copyright 2001,AMS Services,Inc. COMMERCIAL GENERAL LIABILITY CG 88 10 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COMMERCIAL GENERAL LIABILITY EXTENSION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART INDEX SUBJECT PAGE NON-OWNED AIRCRAFT 2 NON-OWNED WATERCRAFT 2 PROPERTY DAMAGE LIABILITY -ELEVATORS 2 EXTENDED DAMAGE TO PROPERTY RENTED TO YOU (Tenant's Property Damage) 2 MEDICAL PAYMENTS EXTENSION 3 EXTENSION OF SUPPLEMENTARY PAYMENTS -COVERAGES A AND B 3 ADDITIONAL INSUREDS - BY CONTRACT, AGREEMENT OR PERMIT 3 PRIMARY AND NON-CONTRIBUTORY- ADDITIONAL INSURED EXTENSION 5 ADDITIONAL INSUREDS - EXTENDED PROTECTION OF YOUR "LIMITS OF INSURANCE" 6 WHO IS AN INSURED - INCIDENTAL MEDICAL ERRORS/MALPRACTICE AND WHO IS AN INSURED - FELLOW EMPLOYEE EXTENSION -MANAGEMENT EMPLOYEES 6 NEWLY FORMED OR ADDITIONALLY ACQUIRED ENTITIES 7 FAILURE TO DISCLOSE HAZARDS AND PRIOR OCCURRENCES 7 KNOWLEDGE OF OCCURRENCE, OFFENSE, CLAIM OR SUIT 7 LIBERALIZATION CLAUSE 7 BODILY INJURY REDEFINED 7 EXTENDED PROPERTY DAMAGE 8 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US - 8 WHEN REQUIRED IN A CONTRACT OR AGREEMENT WITH YOU © 2013 Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. Page 1 of 8 With respect to coverage afforded by this endorsement, the provisions of the policy apply unless modified by the endorsement. A. NON-OWNED AIRCRAFT Under Paragraph 2. Exclusions of Section I - Coverage A - Bodily Injury And Property Damage Liability, exclusion g. Aircraft, Auto Or Watercraft does not apply to an aircraft provided: 1. It is not owned by any insured, 2. It is hired, chartered or loaned with a trained paid crew; 3. The pilot in command holds a currently effective certificate, issued by the duly constituted authority of the United States of America or Canada, designating her or him a commercial or airline pilot, and 4. It is not being used to carry persons or property for a charge. However, the insurance afforded by this provision does not apply if there is available to the insured other valid and collectible insurance, whether primary, excess (other than insurance written to apply specifically in excess of this policy), contingent or on any other basis, that would also apply to the loss covered under this provision. B. NON-OWNED WATERCRAFT Under Paragraph 2. Exclusions of Section I -Coverage A -Bodily Injury And Property Damage Liability, Subparagraph (2) of exclusion g. Aircraft, Auto Or Watercraft is replaced by the following: This exclusion does not apply to: (2) A watercraft you do not own that is: (a) Less than 52 feet long: and (b) Not being used to carry persons or property for a charge. C. PROPERTY DAMAGE LIABILITY - ELEVATORS 1. Under Paragraph 2. Exclusions of Section I - Coverage A - Bodily Injury And Property Damage Liabil- ity, Subparagraphs (3), (4) and (6) of exclusion j. Damage To Property do not apply if such "property damage" results from the use of elevators. For the purpose of this provision, elevators do not include vehicle lifts. Vehicle lifts are lifts or hoists used in automobile service or repair operations. 2. The following is added to Section IV - Commercial General Liability Conditions, Condition 4. Other Insurance, Paragraph b. Excess Insurance: The insurance afforded by this provision of this endorsement is excess over any property insurance, whether primary, excess, contingent or on any other basis. D. EXTENDED DAMAGE TO PROPERTY RENTED TO YOU (Tenant's Property Damage) If Damage To Premises Rented To You is not otherwise excluded from this Coverage Part: 1. Under Paragraph 2. Exclusions of Section I -Coverage A - Bodily Injury and Property Damage Liability: a. The fourth from the last paragraph of exclusion j. Damage To Property is replaced by the follow- ing: Paragraphs (1), (3) and (4) of this exclusion do not apply to ''property damage'' (other than damage by fire, lightning, explosion, smoke, or leakage from an automatic fire protection system) to: (i) Premises rented to you for a period of 7 or fewer consecutive days, or (ii) Contents that you rent or lease as part of a premises rental or lease agreement for a period of more than 7 days. Paragraphs (1), (3) and (4) of this exclusion do not apply to "property damage" to contents of premises rented to you for a period of 7 or fewer consecutive days. A separate limit of insurance applies to this coverage as described in Section III - Limits of Insurance. © 2013 Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office, Inc.,with its permission. Page 2 of 8 b. The last paragraph of subsection 2. Exclusions is replaced by the following: Exclusions c. through n. do not apply to damage by fire, lightning, explosion, smoke or leakage from automatic fire protection systems to premises while rented to you or temporarily occupied by you with permission of the owner. A separate limit of insurance applies to Damage To Premises Rented To You as described in Section III - Limits Of Insurance. 2. Paragraph 6. under Section III - Limits Of Insurance is replaced by the following: 6. Subject to Paragraph 5. above, the Damage To Premises Rented To You Limit is the most we will pay under Coverage A for damages because of "property damage" to: a. Any one premise: (1) While rented to you, or (2) While rented to you or temporarily occupied by you with permission of the owner for damage by fire, lightning, explosion, smoke or leakage from automatic protection sys- tems; or b. Contents that you rent or lease as part of a premises rental or lease agreement. 3. As regards coverage provided by this provision D. EXTENDED DAMAGE TO PROPERTY RENTED TO YOU (Tenant's Property Damage) - Paragraph 9.a. of Definitions is replaced with the following: 9.a. A contract for a lease of premises. However, that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire, lightning, explosion, smoke, or leakage from automatic fire protection systems to premises while rented to you or temporarily occupied by you with the permission of the owner, or for damage to contents of such premises that are included in your premises rental or lease agreement, is not an "insured contract". E. MEDICAL PAYMENTS EXTENSION If Coverage C Medical Payments is not otherwise excluded, the Medical Payments provided by this policy are amended as follows: Under Paragraph 1. Insuring Agreement of Section I - Coverage C - Medical Payments, Subparagraph (b) of Paragraph a. is replaced by the following: (b) The expenses are incurred and reported within three years of the date of the accident; and F. EXTENSION OF SUPPLEMENTARY PAYMENTS -COVERAGES A AND B 1. Under Supplementary Payments -Coverages A and B, Paragraph 1.b. is replaced by the following: b. Up to $3,000 for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to furnish these bonds. 2. Paragraph 1.d. is replaced by the following: ° d. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or "suit", including actual loss of earnings up to $500 a day because of time off from work. G. ADDITIONAL INSUREDS -BY CONTRACT, AGREEMENT OR PERMIT 1. Paragraph 2. under Section II - Who Is An Insured is amended to include as an insured any person or organization whom you have agreed to add as an additional insured in a written contract, written agreement or permit. Such person or organization is an additional insured but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused in whole or in part by: a. Your acts or omissions, or the acts or omissions of those acting on your behalf, in the performance of your on going operations for the additional insured that are the subject of the written contract or written agreement provided that the ''bodily injury" or "property damage" occurs, or the "per- sonal and advertising injury" is committed, subsequent to the signing of such written contract or written agreement, or © 2013 Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office. Inc.,with its permission. Page 3 of 8 b. Premises or facilities rented by you or used by you; or c. The maintenance, operation or use by you of equipment rented or leased to you by such person or organization; or d. Operations performed by you or on your behalf for which the state or political subdivision has issued a permit subject to the following additional provisions: (1) This insurance does not apply to "bodily injury", "property damage", or "personal and ad- vertising injury" arising out of the operations performed for the state or political subdivision; (2) This insurance does not apply to "bodily injury" or "property damage" included within the "completed operations hazard". (3) Insurance applies to premises you own, rent, or control but only with respect to the following hazards: (a) The existence, maintenance, repair, construction, erection, or removal of advertising signs, awnings, canopies, cellar entrances, coal holes, driveways, manholes, marquees, hoist away openings, sidewalk vaults, street banners, or decorations and similar expo- sures; or (b) The construction, erection, or removal of elevators; or (c) The ownership, maintenance, or use of any elevators covered by this insurance. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insur- ance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. With respect to Paragraph 1.a. above, a person's or organization's status as an additional insured under this endorsement ends when: (1) All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or (2) That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. With respect to Paragraph 1.b. above, a person's or organization's status as an additional insured under this endorsement ends when their written contract or written agreement with you for such premises or facilities ends. With respects to Paragraph 1.c. above, this insurance does not apply to any "occurrence" which takes place after the equipment rental or lease agreement has expired or you have returned such equipment to the lessor. The insurance provided by this endorsement applies only if the written contract or written agreement is signed prior to the "bodily injury" or ''property damage". We have no duty to defend an additional insured under this endorsement until we receive written notice of a "suit" by the additional insured as required in Paragraph b. of Condition 2. Duties In the Event Of Occurrence, Offense, Claim Or Suit under Section IV - Commercial General Liability Condi- tions. © 2013 Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office. Inc,with its permission. Page 4 of 8 2. With respect to the insurance provided by this endorsement, the following are added to Paragraph 2. Exclusions under Section I -Coverage A-Bodily Injury And Property Damage Liability: This insurance does not apply to: a. "Bodily injury" or "property damage" arising from the sole negligence of the additional insured. b. "Bodily injury" or "property damage" that occurs prior to you commencing operations at the location where such "bodily injury" or "property damage" occurs. c. "Bodily injury", "property damage" or "personal and advertising injury" arising out of the render- ing of, or the failure to render, any professional architectural, engineering or surveying services, including: (1) The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or (2) Supervisory, inspection, architectural or engineering activities. 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 "occur- rence" 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. s d. "Bodily injury" or "property damage" occurring after: (1) All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or (2) That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. e. Any person or organization specifically designated as an additional insured for ongoing operations by a separate ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS endorsement is- sued by us and made a part of this policy. 3. With respect to the insurance afforded to these additional insureds, the following is added to Section III -Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: a. Required by the contract or agreement; or b. 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 Declaratio ns. H. PRIMARY AND NON-CONTRIBUTORY ADDITIONAL INSURED EXTENSION This provision applies to any person or organization who qualifies as an additional insured under any form or endorsement under this policy. Condition 4. Other Insurance of SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS is amend- ed as follows: a. The following is added to Paragraph a. Primary Insurance: If an additional insured's policy has an Other Insurance provision making its policy excess, and you have agreed in a written contract or written agreement to provide the additional insured coverage on a primary and noncontributory basis, this policy shall be primary and we will not seek contribution from the additional insured's policy for damages we cover. © 2013 Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. Page 5 of 8 b. The following is added to Paragraph b. Excess Insurance: When a written contract or written agreement, other than a premises lease, facilities rental contract or agreement, an equipment rental or lease contract or agreement, or permit issued by a state or political subdivision between you and an additional insured does not require this insurance to be primary or primary and non-contributory, this insurance is excess over any other insurance for which the addi- tional insured is designated as a Named Insured. Regardless of the written agreement between you and an additional insured, this insurance is excess over any other insurance whether primary, excess, contingent or on any other basis for which the additional insured has been added as an additional insured on other policies. I. ADDITIONAL INSUREDS -EXTENDED PROTECTION OF YOUR "LIMITS OF INSURANCE" This provision applies to any person or organization who qualifies as an additional insured under any form or endorsement under this policy. 1. The following is added to Condition 2. Duties In The Event Of Occurrence, Offense, Claim or Suit: An additional insured under this endorsement will as soon as practicable: a. Give written notice of an "occurrence" or an offense that may result in a claim or "suit" under this insurance to us; b. Tender the defense and indemnity of any claim or "suit" to all insurers whom also have insurance available to the additional insured; and c. Agree to make available any other insurance which the additional insured has for a loss we cover under this Coverage Part. d. We have no duty to defend or indemnify an additional insured under this endorsement until we receive written notice of a"suit" by the additional insured. 2. The limits of insurance applicable to the additional insured are those specified in a written contract or written agreement or the limits of insurance as stated in the Declarations of this policy and defined in Section III - Limits of Insurance of this policy, whichever are less. These limits are inclusive of and not in addition to the limits of insurance available under this policy. J. WHO IS AN INSURED -INCIDENTAL MEDICAL ERRORS/ MALPRACTICE WHO IS AN INSURED - FELLOW EMPLOYEE EXTENSION -MANAGEMENT EMPLOYEES Paragraph 2.a.(1) of Section II -Who Is An Insured is replaced with the following: (1) "Bodily injury" or "personal and advertising injury": (a) To you, to your partners or members (if you are a partnership or joint venture), to your members (if you are a limited liability company), to a co-"employee" while in the course of his or her employ- ment or performing duties related to the conduct of your business, or to your other "volunteer workers" while performing duties related to the conduct of your business; (b) To the spouse, child, parent, brother or sister of that co-"employee" or "volunteer worker" as a consequence of Paragraph (1) (a) above, (c) For which there is any obligation to share damages with or repay someone else who must pay damages because of the injury described in Paragraphs (1) (a) or (b) above, or (d) Arising out of his or her providing or failing to provide professional health care services. However, if you are not in the business of providing professional health care services or providing profes- sional health care personnel to others, or if coverage for providing professional health care ser- vices is not otherwise excluded by separate endorsement, this provision (Paragraph (d)) does not apply. Paragraphs (a) and (b) above do not apply to "bodily injury" or "personal and advertising injury" caused by an "employee" who is acting in a supervisory capacity for you. Supervisory capacity as used herein means the "employee's" job responsibilities assigned by you, includes the direct supervision of other "employ- ees" of yours. However, none of these "employees" are insureds for "bodily injury" or "personal and © 2013 Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office, Inc.,with its permission. Page 6 of 8 advertising injury" arising out of their willful conduct, which is defined as the purposeful or willful intent to cause "bodily injury" or "personal and advertising injury", or caused in whole or in part by their intoxica- tion by liquor or controlled substances. The coverage provided by provision J. is excess over any other valid and collectable insurance available to your "employee". K. NEWLY FORMED OR ADDITIONALLY ACQUIRED ENTITIES Paragraph 3. of Section II -Who Is An Insured is replaced by the following: 3. Any organization you newly acquire or form and over which you maintain ownership or majority interest, will qualify as a Named Insured if there is no other similar insurance available to that organization. However: a. Coverage under this provision is afforded only until the expiration of the policy period in which the entity was acquired or formed by you; b. Coverage A does not apply to "bodily injury" or "property damage" that occurred before you acquired or formed the organization; and c. Coverage B does not apply to "personal and advertising injury" arising out of an offense committed before you acquired or formed the organization. d. Records and descriptions of operations must be maintained by the first Named Insured. No person or organization is an insured with respect to the conduct of any current or past partnership, joint venture or limited liability company that is not shown as a Named Insured in the Declarations or qualifies as an insured under this provision. L. FAILURE TO DISCLOSE HAZARDS AND PRIOR OCCURRENCES Under Section IV - Commercial General Liability Conditions, the following is added to Condition 6. Repre- sentations: Your failure to disclose all hazards or prior "occurrences" existing as of the inception date of the policy shall not prejudice the coverage afforded by this policy provided such failure to disclose all hazards or prior "occurrences" is not intentional. M. KNOWLEDGE OF OCCURRENCE, OFFENSE, CLAIM OR SUIT Under Section IV - Commercial General Liability Conditions, the following is added to Condition 2. Duties In The Event of Occurrence, Offense, Claim Or Suit: Knowledge of an "occurrence", offense, claim or "suit" by an agent, servant or "employee" of any insured shall not in itself constitute knowledge of the insured unless an insured listed under Paragraph 1. of Section 11 -Who Is An Insured or a person who has been designated by them to receive reports of "occurrences", offenses, claims or "suits" shall have received such notice from the agent, servant or "employee". N. LIBERALIZATION CLAUSE If we revise this Commercial General Liability Extension Endorsement to provide more coverage without additional premium charge, your policy will automatically provide the coverage as of the day the revision is effective in your state. O. BODILY INJURY REDEFINED Under Section V - Definitions, Definition 3. is replaced by the following: 3. "Bodily Injury" means physical injury, sickness or disease sustained by a person. This includes mental anguish, mental injury, shock, fright or death that results from such physical injury, sick- ness or disease. © 2013 Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office, Inc.,with its permission. Page 7 of 8 P. EXTENDED PROPERTY DAMAGE Exclusion a. of COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY is replaced by the following: a. Expected Or Intended Injury "Bodily injury'' or "property damage'' expected or intended from the standpoint of the insured. This exclusion does not apply to "bodily injury" or "property damage" resulting from the use of reasonable force to protect persons or property. Q. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US - WHEN REQUIRED IN A CONTRACT OR AGREEMENT WITH YOU Under Section IV - Commercial General Liability Conditions, the following is added to Condition 8. Trans- fer Of Rights Of Recovery Against Others To Us: We waive any right of recovery we may have against a person or organization 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" provided: 1. You and that person or organization have agreed in writing in a contract or agreement that you waive such rights against that person or organization; and 2. The injury or damage occurs subsequent to the execution of the written contract or written agree- ment. © 2013 Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office, Inc,with its permission. Page 8 of 8 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 ............................................................................................i.................................................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 Workinq Day - Any day of the week, not including Saturdays, Sundays, or Legal Holidays, in which conditions not under the CONTRACTOR's control will permit work for at least seven (7) hours of the Working Times. Upon authorization by the Owner's Representative, work on Saturdays, Sundays and/or Legal Holidays may be allowed and, in that event, a Working Day will be counted for each such day. 1.45 Working Times — Times of day(s) during which work may be performed. Unless authorized by Owner's Representative, all Work shall be performed between 7:00 a.m. and 6:00 p.m. on weekdays and, if previously authorized as provided for in paragraph 1.44 or paragraph 1.6 herein, as applicable, between 9:00 a.m. and 6:00 p.m. on Saturdays, Sundays or Legal Holidays. When the CONTRACTOR has been authorized to perform Work during hours outside Working Times, such hours shall be considered time worked on Working Day contracts. Notwithstanding the preceding, emergency work may be done without prior permission only as provided in paragraph 6.11.5 herein. 1.46 Written Notice-Written communication between the OWNER and the CONTRACTOR. Written Notice shall be deemed to have been duly served if delivered in person to Owner's Representative or to the CONTRACTOR's duly authorized representative, or if such Written Notice is delivered to or sent by registered or certified mail to the attention of Owner's Representative or to the CONTRACTOR's duly authorized representative at the last business address known to the party giving notice. ARTICLE 2 -PRELIMINARY MATTERS 2.1 Delivery of Agreement, Bonds, Insurance, and Other Documentation: Within ten (10) Calendar Days after written notification of award of Contract, the CONTRACTOR shall deliver to the OWNER signed Agreement, Bond(s), Insurance Certificate(s) and other documentation required for execution of the Contract. 2.2 Copies of Documents: The OWNER shall furnish to the CONTRACTOR two (2) copies of the Contract Documents unless otherwise specified. 00700 04-2020 Page 5 General Conditions 2.3 Commencement of Contract Times; Notice to Proceed: The Contract Time(s) commence on the date indicated in the Agreement or in the Notice to Proceed. Notice to Proceed will be given at any time within sixty(60)Calendar Days after the Execution Date of the Agreement, unless extended by written agreement of the parties. 2.4 Before Starting Construction: 2.4.1 No Work shall be done at the site prior to the preconstruction conference without the OWNER's approval. Before undertaking each part of the Work, the CONTRACTOR shall carefully study and compare the Contract Documents and check and verify pertinent figures shown thereon and all applicable field measurements. The CONTRACTOR shall promptly report in writing to Owner's Representative any conflict, error, ambiguity or discrepancy which the CONTRACTOR may discover and shall obtain a written interpretation or clarification from Owner's Representative before proceeding with any Work affected thereby. The CONTRACTOR shall be liable to the OWNER for failure to report any conflict, error, ambiguity or discrepancy in the Contract Documents of which the CONTRACTOR knew or reasonably should have known. 2.4.2 The CONTRACTOR shall submit the following to Owner's Representative for review and approval no later than the preconstruction conference: .1 a preliminary progress schedule indicating the times (number of days or dates) for starting and completing the various stages of the Work, including any Milestones specified in the Contract Documents, identifying when all Subcontractors will be utilized, and taking into consideration any limitations on Working Hours; .2 a preliminary schedule of Shop Drawing and sample submittals; .3 a preliminary schedule of values for all of the Work, subdivided into component parts in sufficient detail to serve as the basis for progress payments during construction. Such prices will include an appropriate amount of overhead and profit applicable to each item of Work. The preliminary schedule of values submitted by the CONTRACTOR should include a reasonable estimation of value of each item included and shall not contain disproportionate values assigned to any item or items; .4 a letter designating CONTRACTOR's Superintendent; .5 a letter from the CONTRACTOR and Subcontractor(s) listing any salaried specialists; .6 if applicable, a letter designating the "Competent Person(s)" on general safety and trench safety measures; .7 if applicable, a trench safety system plan; .8 if applicable, a plan illustrating proposed locations of temporary facilities; .9 if applicable, a traffic control plan; .10 a completed Non-Use of Asbestos Affidavit (Prior to Construction); and .11 if applicable, a letter designating the Texas Registered Professional Land Surveyor for layout of the Work. 2.5 Preconstruction Conference: Prior to commencement of Work at the site, a preconstruction conference attended by the CONTRACTOR, Owner's Representative and others will be held. 00700 04-2020 Page 6 General Conditions 2.6 Initially Acceptable Schedules: Unless otherwise provided in the Contract Documents, the CONTRACTOR shall obtain approval of Owner's Representative on final versions of the schedules submitted in accordance with paragraph 2.4.2 before the first progress payment will be made to the CONTRACTOR. The progress schedule must provide for an orderly progression of the Work to completion within any specified Milestones and Contract Times. Acceptance of the schedule by Owner's Representative will neither impose on Owner's Representative responsibility for the sequencing, scheduling or progress of the Work nor interfere with or relieve the CONTRACTOR from the CONTRACTOR's full responsibility therefor. The CONTRACTOR's schedule of Shop Drawings and sample submissions must provide an arrangement agreeable to the parties for reviewing and processing the required submittals. 2.7 Electronic Transmittals: 2.7.1 Except as otherwise stated elsewhere in the Contract Documents, the OWNER, E/A, and CONTRACTOR may transmit, and shall except, Project-related correspondence,texts, data, documents, drawings, information, and graphics, including but not limited to Shop Drawings and other submittals, in electronic media or digital format, either directly, or through access to a secure Project website. 2.7.2 When transmitting items in electronic media or digital format, the transmitting party makes no representations as to long term compatibility, usability, or readability of the items resulting from the recipient's use of software application packages, operating systems,or computer hardware differing from those used in the drafting or transmittal of the items. ARTICLE 3-CONTRACT DOCUMENTS: INTENT,AMENDING, REUSE 3.1 Intent: 3.1.1 The intent of the Contract Documents is to include all information necessary for the proper execution and completion of the Work by the CONTRACTOR. The Contract Documents are complementary, and what is required by one shall be as binding as if required by all. In cases of disagreement, the following order of precedence shall govern (top item receiving priority of interpretation): Change Orders Modifications to the Contract Documents made after the Execution Date Signed Agreement Addenda to the Contract Documents Special Conditions Supplemental General Conditions General Conditions Other Bidding Requirements and Contract Forms Special Provisions to the Standard Technical Specifications Special Specifications Standard Technical Specifications Drawings (figured dimensions shall govern over scaled dimensions) Project Safety manual, if applicable 3.1.2 Unless otherwise stated in the Contract Documents,words which have well-known technical or construction industry meanings are used in the Contract Documents in accordance with such recognized meanings. 3.2 Reporting and Resolving Discrepancies: Prior to commencing the Work, the CONTRACTOR shall review the Contract Documents for the purpose of discovering any conflict, error, ambiguity or discrepancy in the Contract Documents. If, at any time, the CONTRACTOR discovers any conflict, error, ambiguity or discrepancy within the Contract Documents or between the Contract Documents and any provisions of any such law or regulation applicable to the performance of the Work 00700 04-2020 Page 7 General Conditions or of any such standard, specification, manual or code or instructions of any Supplier, the CONTRACTOR shall immediately report it to Owner's Representative in writing, and the CONTRACTOR shall not proceed with the Work affected thereby until an amendment or supplement to the Contract Documents has been issued by one of the methods indicated in paragraph 3.3.1 or paragraph 3.3.2. The CONTRACTOR shall be liable to the OWNER for failure to report any such conflict, error, ambiguity or discrepancy of which the CONTRACTOR knew or reasonably should have known. 3.3 Amending and Supplementing Contract Documents: 3.3.1 The Contract Documents may be amended to provide for additions, deletions and revisions in the Work or to modify the terms and conditions thereof in one or more of the following ways: .1 Change Order. .2 Change Directive. 3.3.2 In addition, the requirements of the Contract Documents may be supplemented, and minor variations and deviations in the Work may be authorized, in one or more of the following ways: .1 Field Order. .2 Review of a Shop Drawing or sample. .3 Written interpretation or clarification. 3.4 Reuse of Documents Prohibited: The CONTRACTOR and any Subcontractor or Supplier or other person or organization performing or furnishing any of the Work under a direct or indirect contract with the OWNER: (i) shall not have or acquire any title to or ownership rights in any of the Drawings, Specifications or other documents (or copies of any thereof) prepared by or bearing the seal of E/A or E/A's consultants, and (ii) shall not reuse any of such Drawings, Specifications, other documents or copies on extensions of the Project or any other project without written consent of the OWNER and E/A. ARTICLE 4-AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; REFERENCE POINTS 4.1 Availability of Lands: The OWNER shall furnish, as indicated in the Contract Documents, all required rights to use the lands upon which the Work is to be performed, rights-of-way and easements for access thereto, and such other lands which are designated for the use of the CONTRACTOR. The OWNER shall identify any encumbrances or restrictions not of general application but specifically related to use of lands so furnished with which the CONTRACTOR will have to comply in performing the Work. Easements for permanent structures or permanent changes in existing facilities will be obtained and paid for by the OWNER, unless otherwise provided in the Contract Documents. If the OWNER fails to furnish these lands, rights-of-way or easements in a timely manner, the CONTRACTOR may make a Claim for adjustments in the Contract Times. The CONTRACTOR shall provide for all additional lands and access thereto that may be required for temporary construction facilities or storage of materials and equipment. 4.2 Subsurface and Physical Conditions: 4.2.1 The CONTRACTOR hereby covenants that it has examined the site of the proposed Work and is familiar with all of the conditions surrounding construction of the Project, having conducted all inquiries, tests and investigations deemed necessary and proper. Unless the CONTRACTOR, prior to the execution of the Agreement, has notified the OWNER in writing of any condition of the site of the proposed Work that would adversely impact 00700 04-2020 Page 8 General Conditions the performance of the Work by the CONTRACTOR, CONTRACTOR covenants that there are no conditions at the site of the proposed work which would adversely impact the performance of Work by the CONTRACTOR. 4.2.2 If conditions are encountered at the site which are (1) subsurface or otherwise concealed physical conditions that differ materially from those indicated in the Contract Documents or(2) unknown physical conditions of an unusual nature, that differ materially from those normally encountered in the type of work being performed under this Contract, then notice by the observing party shall be given to the other party promptly before conditions are disturbed and in no event later than seven (7) calendar days after first observance of the conditions. Owner's Representative will promptly investigate such conditions with E/A and, if they differ materially and cause an increase or decrease in the CONTRACTOR's cost of, or time required for, performance of any part of the Work, OWNER will consider an equitable adjustment in the Contract Amount or Contract Time, or both. If Owner's Representative determines that the conditions at the site are not materially different from those indicated in the Contract Documents and that no change in the terms of the Contract is justified, the CONTRACTOR shall be notified in writing, stating the reasons. Any disputes arising from Owner's Representative's determination shall be resolved in accordance with Article 16. 4.2.3 Notwithstanding any other provision of this Contract, the CONTRACTOR shall be solely responsible for the location and protection of any and all public lines and utility customer service lines in the Work area. For the purposes of this section, "public lines"means the utility distribution and supply system within public rights-of-way or easements, and "utility customer service lines" (service) means any utility line connecting a utility customer to the utility distribution system. Generally, existing service connections within right-of-way or easements are not shown on the Drawings. The CONTRACTOR shall notify the OWNER and "One Call"and exercise due care to locate and to mark, uncover or otherwise protect all such lines in the construction zone and any of the CONTRACTOR's work or storage areas. The CONTRACTOR's obligation hereunder shall be primary and nondelegable. The CONTRACTOR shall indemnify or reimburse the OWNER for such expenses or costs (including fines that may be levied against the OWNER) that may result from unauthorized or accidental damage to all public lines and utility customer service lines in the Work area. The OWNER reserves the right to repair such damage the CONTRACTOR may cause, at the CONTRACTOR's expense. 4.2.4 The CONTRACTOR shall take reasonable precaution to avoid disturbing primitive records and antiquities of archaeological, paleontological or historical significance. No objects of this nature shall be disturbed without written permission of the OWNER and the Texas Department of Antiquities Protection. When such objects are uncovered unexpectedly, the CONTRACTOR shall stop all Work in close proximity and notify Owner's Representative and the Texas Department of Antiquities Protection of their presence and shall not disturb them until written permission and permit to do so is granted.All primitive rights and antiquities uncovered on the OWNER's property shall remain property of the State of Texas, the Texas Department of Antiquities Protection conforming to the Texas Natural Resources Code. If it is determined by the OWNER, in consultation with the Texas Department of Antiquities Protection,that exploration or excavation of primitive records or antiquities on Project site is necessary to avoid loss, the CONTRACTOR shall cooperate in salvage work attendant to preservation. If the Work stoppage or salvage work causes an increase in the CONTRACTOR's cost of, or time required for, performance of the Work, the Contract Amount and/or Contract Time may be equitably adjusted. 4.3 Reference Points: Unless otherwise specified, the OWNER will furnish all reference points, benchmarks, survey monuments, and control points which, in the OWNER's opinion, are suitable for laying out the Work. Such benchmarks and reference points will be placed at intervals not to exceed 1,500 feet. All reference points, benchmarks, survey monuments and control points shall be carefully preserved by the CONTRACTOR by use of flags, laths or other appropriate measures and, in case of destruction or removal by the CONTRACTOR or its employees, such reference points, benchmarks, survey monuments, and control points shall be replaced by a Registered Professional Land Surveyor at the CONTRACTOR's expense. When reference points, benchmarks, survey monuments, or control points are in conflict with the Work, then reestablishment will be the OWNER's responsibility during or upon completion of the Work. 4.4 Hazardous Materials: 00700 04-2020 Page 9 General Conditions 4.4.1 The OWNER shall be responsible for any hazardous material uncovered or revealed at the site which was not shown, indicated or identified in the Contract Documents to be within the scope of the Work and which may present a substantial danger to persons or property exposed thereto in connection with the Work at the site. The CONTRACTOR shall immediately notify Owner's Representative of any suspected hazardous materials encountered before or during performance of the Work and shall take all necessary precautions to avoid further disturbance of the materials. 4.4.2 The CONTRACTOR shall be responsible for any hazardous materials brought to the site by the CONTRACTOR, Subcontractor. Suppliers or anyone else for whom the CONTRACTOR is responsible. 4.4.3 No asbestos-containing materials shall be incorporated into the Work or brought on the Project site without prior approval of the OWNER. 4.4.4 TO THE FULLEST EXTENT PERMITTED BY LAWS AND REGULATIONS, CONTRACTOR SHALL INDEMNIFY AND HOLD HARMLESS OWNER, AND ITS COUNCIL MEMBERS, EMPLOYEES, AGENTS, AND CONSULTANTS FROM AND AGAINST ALL CLAIMS, COSTS, LOSSES, AND DAMAGES (INCLUDING BUT NOT LIMITED TO ALL FEES AND CHARGES OF ENGINEERS, ARCHITECTS, ATTORNEYS, AND OTHER PROFESSIONALS AND ALL COURT OR ARBITRATION OR OTHER DISPUTE RESOLUTION COSTS) ARISING OUT OF OR RELATING TO FAILURE TO CONTROL, CONTAIN OR REMOVE A HAZARDOUS MATERIAL BROUGHT TO THE SITE BY CONTRACTOR OR BY ANYONE FOR WHOM CONTRACTOR IS RESPONSIBLE, OR TO A HAZARDOUS ENVIRONMENTAL CONDITION CREATED BY CONTRACTOR OR BY ANYONE FOR WHOM CONTRACTOR IS RESPONSIBLE. ARTICLE 5 - BONDS AND INSURANCE 5.1 Surety and Insurance Companies: All bonds and insurance required by the Contract Documents shall be obtained from solvent surety or insurance companies that are duly licensed by the State of Texas and authorized to issue bonds or insurance policies for the limits and coverages required by the Contract Documents. The bonds shall be in a form acceptable to the OWNER and shall be issued by a surety which complies with the requirements of Chapter 3503, Texas Insurance Code (2005) and which is otherwise acceptable to the OWNER. OWNER may require the surety to obtain reinsurance for any portion of the risk that exceeds 10% of the surety's capital and surplus. For bonds exceeding $100,000, the surety must also hold a certificate of authority from the U.S. Secretary of the Treasury or have obtained reinsurance from a reinsurer that is authorized as a reinsurer in Texas and holds a certificate of authority from the U.S. Secretary of the Treasury. 5.2 Workers' Compensation Insurance Coverage: 5.2.1 Definitions: .1 Certificate of coverage ("certificate") - A copy of a certificate of insurance, a certificate of authority to self-insure issued by the commission. or a coverage agreement showing statutory workers' compensation insurance coverage for the person's or entity's employees providing services on the Project, for the duration of the Project. .2 Duration of the Project - includes the time from the beginning of the Work on the Project until the CONTRACTOR's/ person's Work on the Project has been completed and accepted by the OWNER. .3 Persons providing services on the Project ("subcontractor" herein) - includes all persons or entities performing all or part of the services the CONTRACTOR has undertaken to perform on the Project, regardless of whether that person contracted directly with the CONTRACTOR and regardless of whether that person has employees. This includes, by way of illustration and not of limitation, 00700 04-2020 Page 10 General Conditions independent contractors, Subcontractors, leasing companies, motor carriers, owner-operators, employees of any such entity, or employees of any entity which furnishes persons to provide services on the Project. "Services" include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project. "Services" does not include activities unrelated to the Project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. 5.2.2 The CONTRACTOR shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all employees of the CONTRACTOR providing services on the Project, for the duration of the Project. 5.2.3 The OWNER will not execute the Contract prior to the CONTRACTOR providing all required certificates of coverage. 5.2.4 If the coverage period shown on the CONTRACTOR's current certificate of coverage ends during the duration of the Project, the CONTRACTOR must, prior to the end of the coverage period, file a new certificate of coverage with the OWNER showing that coverage has been extended. 5.2.5 The CONTRACTOR shall obtain from each person providing services on the Project, and provide to the OWNER: .1 a certificate of coverage, prior to that person beginning Work on the Project, so the OWNER will have on file certificates of coverage showing coverage for all persons providing services on the Project; and .2 no later than seven (7)days after receipt by the CONTRACTOR, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the Project. 5.2.6 The CONTRACTOR shall retain all required certificates of coverage for the duration of the Project and for one (1)year thereafter. 5.2.7 The CONTRACTOR shall notify the OWNER in writing by certified mail or personal delivery within ten (10) days after the CONTRACTOR knew or should have known of any change that materially affects the provision of coverage of any person providing services on the Project. 5.2.8 The CONTRACTOR shall post at its office or on each Project site a notice, in the text, form and manner prescribed by the Texas Workers' Compensation Commission, informing all persons providing services on the Project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage. 5.2.9 The CONTRACTOR shall contractually require each person with whom it contracts to provide services on a Project to: .1 provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44)for all of its employees providing services on the Project, for the duration of the Project; .2 provide to the CONTRACTOR, prior to that person beginning Work on the Project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the Project, for the duration of the Project; .3 provide the CONTRACTOR, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the Project; 00700 04-2020 Page 11 General Conditions .4 obtain from each other person with whom it contracts, and provide to the CONTRACTOR: a) a certificate of coverage, prior to the other person beginning Work on the Project; and b) a new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the Project; .5 retain all required certificates of coverage on file for the duration of the Project and for one (1) year thereafter; .6 notify the OWNER in writing by certified mail or personal delivery within ten (10) days after the person knew or should have known of any change that materially affects the provision of coverage of any person providing services on the Project; and .7 contractually require each person with whom it contracts, to perform as required by paragraphs 5.2.9.1 - 5.2.9.7, with the certificates of coverage to be provided to the person for whom they are providing services. 5.2.10 By signing this Contract or providing or causing to be provided a certificate of coverage, the CONTRACTOR is representing to the OWNER that all employees of the CONTRACTOR who will provide services on the Project will be covered by workers'compensation coverage for the duration of the Project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self-insured, with the commission's Division of Self-Insurance Regulation. Providing false or misleading information may subject the CONTRACTOR to administrative penalties, criminal penalties, civil penalties, or other civil actions. 5.2.11 The CONTRACTOR's failure to comply with any of these provisions is a breach of Contract by the CONTRACTOR which entitles the OWNER to declare the Contract void if the CONTRACTOR does not remedy the breach within ten (10) days after receipt of notice of breach from the OWNER. 5.3 Contractor Insurance Requirements: For specific bond requirements and additional insurance requirements, refer to the Supplemental General Conditions. 5.3.1.1 General Requirements: .1 CONTRACTOR shall carry insurance in the types and amounts indicated below for the duration of the Contract, which shall include items owned by OWNER in the care, custody and control of CONTRACTOR prior to and during construction and warranty period. .2 CONTRACTOR must complete and forward the required Certificates of Insurance to OWNER before the Contract is executed as verification of coverage required below. CONTRACTOR shall not commence Work until the required insurance is obtained and until such insurance has been reviewed by OWNER. Approval of insurance by OWNER shall not relieve or decrease the liability of CONTRACTOR hereunder and shall not be construed to be a limitation of liability on the part of CONTRACTOR. CONTRACTOR must also complete and forward the required Certificates of Insurance to OWNER whenever a previously identified policy period has expired as verification of continuing coverage. .3 CONTRACTOR's insurance coverage is to be written by companies licensed to do business in the State of Texas at the time the policies are issued and shall be written by companies with A.M. Best ratings of B+VII or better, except for hazardous material insurance which shall be written by companies with A.M. Best ratings of A-or better. 00700 04-2020 Page 12 General Conditions .4 All endorsements naming the OWNER as additional insured, waivers, and notices of cancellation endorsements as well as the Certificate of Insurance shall indicate: City of Round Rock, 221 E. Main St., Round Rock, Texas 78664. .5 The "other" insurance clause shall not apply to the OWNER where the OWNER is an additional insured shown on any policy. It is intended that policies required in the Contract, covering both OWNER and CONTRACTOR, shall be considered primary coverage as applicable. .6 If insurance policies are not written for amounts specified below, CONTRACTOR shall carry Umbrella or Excess Liability Insurance for any differences in amounts specified. If Excess Liability Insurance is provided, it shall follow the form of the primary coverage. .7 OWNER shall be entitled, upon request and without expense,to receive certified copies of policies and endorsements thereto and may make any reasonable requests for deletion or revision or modification of particular policy terms, conditions, limitations, or exclusions except where policy provisions are established by law or regulations binding upon either of the parties hereto or the underwriter on any such policies. .8 OWNER reserves the right to review the insurance requirements set forth during the effective period of this Contract and to make reasonable adjustments to insurance coverage, limits, and exclusions when deemed necessary and prudent by OWNER based upon changes in statutory law, court decisions, the claims history of the industry or financial condition of the insurance company as well as CONTRACTOR. .9 CONTRACTOR shall not cause any insurance to be canceled nor permit any insurance to lapse during the term of the Contract or as required in the Contract. .10 CONTRACTOR shall be responsible for premiums, deductibles and self-insured retentions, if any, stated in policies. All deductibles or self-insured retentions shall be disclosed on the Certificate of Insurance. .11 CONTRACTOR shall provide OWNER thirty (30) days written notice of erosion of the aggregate limits below occurrence limits for all applicable coverages indicted within the Contract. .12 If OWNER-owned property is being transported or stored off-site by CONTRACTOR, then the appropriate property policy will be endorsed for transit and storage in an amount sufficient to protect OWNER's property. .13 The insurance coverages required under this contract are required minimums and are not intended to limit the responsibility or liability of CONTRACTOR. 5.3.1.2 Business Automobile Liability Insurance. Provide coverage for all owned, non-owned and hired vehicles. The policy shall contain the following endorsements in favor of OWNER: a) Waiver of Subrogation endorsement TE 2046A; b) 30 day Notice of Cancellation endorsement TE 0202A; and c) Additional Insured endorsement TE 9901 B. Provide coverage in the following types and amounts: 00700 04-2020 Page 13 General Conditions .1 A minimum combined single limit of$500,000 per occurrence for bodily injury and property damage. Alternate acceptable limits are $250,000 bodily injury per person, $500,000 bodily injury per occurrence and at least$100,000 property damage liability each accident. 5.3.1.3 Workers' Compensation and Employers' Liability Insurance: Coverage shall be consistent with statutory benefits outlined in the Texas Workers' Compensation Act (Section 401). CONTRACTOR shall assure compliance with this Statute by submitting two (2) copies of a standard certificate of coverage (e.g. ACCORD form) to Owner's Representative for every person providing services on the Project as acceptable proof of coverage. The required Certificate of Insurance must be presented as evidence of coverage for CONTRACTOR. Workers' Compensation Insurance coverage written by the Texas Workers Compensation Fund is acceptable to OWNER. CONTRACTOR's policy shall apply to the State of Texas and include these endorsements in favor of OWNER: a) Waiver of Subrogation, form WC 420304; and b) 30 day Notice of Cancellation, form WC 420601. The minimum policy limits for Employers' Liability Insurance coverage shall be as follows: .1 $100,000 bodily injury per accident, $500,000 bodily injury by disease policy limit and $100,000 bodily injury by disease each employee. 5.3.1.4 Commercial General Liability Insurance. The Policy shall contain the following provisions: a) Blanket contractual liability coverage for liability assumed under the Contract and all contracts relative to this Project. b) Completed Operations/Products Liability for the duration of the warranty period. c) Explosion, Collapse and Underground (X, C & U) coverage. d) Independent Contractors coverage. e) Aggregate limits of insurance per project, endorsement CG 2503. f) OWNER listed as an additional insured, endorsement CG 2010. g) 30 day notice of cancellation in favor of OWNER, endorsement CG 0205. h) Waiver of Transfer of Recovery Against Others in favor of OWNER, endorsement CG 2404. Provide coverages A&B with minimum limits as follows: .1 A combined bodily injury and property damage limit of$500,000 per occurrence. 5.3.1.5 Builders' Risk Insurance. CONTRACTOR shall maintain Builders' Risk Insurance or Installation Insurance on an all risk physical loss form in the Contract Amount. Coverage shall continue until the Work is accepted by OWNER. OWNER shall be a loss payee on the policy. If off site storage is permitted, coverage shall include transit and storage in an amount sufficient to protect property being transported or stored. 5.4 Bonds: 00700 04-2020 Page 14 General Conditions 5.4.1 General. .1 Bonds, when required, shall be executed on forms furnished by or acceptable to OWNER. All bonds signed by an agent must be accompanied by a certified copy of such agent's authority to act. .2 If the surety on any bond furnished by CONTRACTOR is declared bankrupt or becomes insolvent or its right to do business is terminated in the State of Texas or it ceases to meet the requirements of the preceding paragraph, CONTRACTOR shall within ten(10)days thereafter substitute another bond and surety, both of which must be acceptable to OWNER. .3 When Performance Bonds and/or Payment Bonds are required, each shall be issued in an amount of one hundred percent (100%) of the Contract Amount as security for the faithful performance and/or payment of all CONTRACTOR's obligations under the Contract Documents. Performance Bonds and Payment Bonds shall be issued by a solvent surety company authorized to do business in the State of Texas, and shall meet any other requirements established by law or by OWNER pursuant to applicable law. Any surety duly authorized to do business in Texas may write Performance and Payment Bonds on a project without reinsurance to the limit of 10 percent of its capital and surplus. Such a surety must reinsure any obligations over 10 percent. .4 If CONTRACTOR has failed to obtain or maintain a required bond, OWNER may exclude the CONTRACTOR from the site of the Project and exercise OWNER's suspension and/or termination rights under the Contract Documents. 5.4.2 Performance Bond. .1 If the Contract Amount exceeds $100,000, CONTRACTOR shall furnish OWNER with a Performance Bond in the form set out by OWNER. .2 If the Contract Amount exceeds $25,000 but is less than or equal to $100,000, CONTRACTOR shall furnish OWNER with a Performance Bond in the form set out by OWNER, unless the original Contract Time is 60 Calendar Days/40 Working Days or less, in which case CONTRACTOR can agree to the following terms and conditions for payment in lieu of providing a Performance Bond: no money will be paid to CONTRACTOR until completion and acceptance of the Work by OWNER; CONTRACTOR shall be entitled to receive 95%of the Contract Amount following Final Completion, and the remaining 5%of the Contract Amount following the one year warranty period. .3 If the Contract Amount is less than or equal to $25,000, CONTRACTOR will not be required to furnish a Performance Bond; provided that no money will be paid to CONTRACTOR until completion and acceptance of the Work by OWNER under the following terms and conditions: CONTRACTOR shall be entitled to receive 95%of the Contract Amount following Final Completion, and the remaining 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 WNER;.5 any acceptance by the OWNER or any failure to do so; .6 any review of a Shop Drawing or sample submittal; .7 any inspection, test or approval by others; or .8 any correction of defective Work by the OWNER. .9 the failure of the OWNER, E/A or any other person or entity acting on behalf of the OWNER or E/A to observe, detect or discover any defect in the Work or any non-conformance of the Work with any requirement of the Contract Documents. CONTRACTOR hereby waives any claim or defense to any claim by the OWNER that any failure by the OWNER, E/A, or any other person or entity acting on behalf of the OWNER or E/A to observe, detect or discover any defect in the Work relieves or releases, in whole or in part, CONTRACTOR from any obligations or responsibility for the correction of such defects or any other obligation of CONTRACTOR under the Contract Documents. 6.14 Indemnification: 00700 04-2020 Page 22 General Conditions 6.14.1 TO THE FULLEST EXTENT PERMITTED BY LAW,AND IN ADDITION TO ANY OTHER OBLIGATIONS OF CONTRACTOR UNDER THE CONTRACT OR OTHERWISE, CONTRACTOR SHALL INDEMNIFY, DEFEND AND HOLD HARMLESS OWNER, ITS COUNCIL MEMBERS , EMPLOYEES, AGENTS, AND CONSULTANTS INCLUDING, BUT NOT LIMITED TO THE E/A (THE "INDEMNIFIED PARTIES" OR INDEMNIFIED PARTY", FROM AND AGAINST ALL CLAIMS, COSTS, LOSSES, AND DAMAGES (INCLUDING BUT NOT LIMITED TO ALL FEES AND CHARGES OF ENGINEERS, ARCHITECTS, ATTORNEYS, CONSULTANTS, EXPERTS AND OTHER PROFESSIONALS AND ALL COURT OR ARBITRATION OR OTHER DISPUTE RESOLUTION COSTS) ARISING OUT OF OR RELATING TO THE PERFORMANCE OF THE WORK, REGARDLESS OF WHETHER SUCH CLAIMS, COSTS, LOSSES, AND DAMAGES ARE CAUSED, IN WHOLE OR IN PARTY BY THE ACTS, ACTIONS, ERRORS OR OMISSIONS OF AN INDEMNIFIED PARTY. BECAUSE OWNER IS A MUNICIPALITY, THE TERMS AND PROVISIONS OF SUBCHAPTER C OF CHAPTER 151 OF THE TEXAS INSURANCE CODE ("CHAPTER 151") DOES NOT APPLY TO THE OWNER. IF, HOWEVER, ANY PROVISION OF CHAPTER 151 APPLIES TO THE OWNER, IT IS THE INTENT OF THE OWNER THAT IF THE PROVISIONS OF CHAPTER 151 DO APPLY, NOTHING HEREIN SHALL IMPOSE ANY REQUIREMENTS ON CONTRACTOR THAT ARE PROHIBITED BY CHAPTER 151 AND THAT ANY OF THE PROVISIONS HEREOF THAT ARE NOT PROHIBITED BY CHAPTER 151 SHALL REMAIN IN FULL FORCE AND EFFECT. ACCORDINGLY, IN THE EVENT THAT IN CONSTRUING AND INTERPRETING THE CONTRACT DOCUMENTS, A COURT OF COMPETENT JURISDICTION OR, IF APPLICABLE, AN ARBITRATOR, DETERMINES THAT CHAPTER 151 APPLIES TO THE OWNER, THEN THE COURT OR ARBITRATOR SHALL REFORM THE PROVISIONS HEREOF SO AS TO COMPLY WITH CHAPTER 151 AND SUCH REFORMATION SHALL NOT AFFECT THE VALIDITY OF ANY PROVISIONS HEREOF THAT ARE NOT PROHIBITED BY CHAPTER 151. 6.14.2 The indemnification obligation under paragraph 6.14.1 shall not be limited in any way by any limitation on the amount or type of damages, or compensation or benefits payable by or for the CONTRACTOR or any such Subcontractor, Supplier or other person or organization under workers'compensation acts, disability benefit acts or other employee benefit acts. 6.14.3 The obligations of the CONTRACTOR under paragraph 6.14.1 shall not extend to the liability of the OWNER, E/A, E/A's consultants, and their officers, directors, partners, employees or agents caused primarily by negligent preparation of maps, drawings, surveys, designs or specifications upon which is placed the applicable state-authorized design professional seal of the OWNER's, E/A's or E/A's consultant's officers, directors, partners, employees or agents. 6.14.4 In the event the CONTRACTOR fails to follow the OWNER's directives concerning use of the site, scheduling or course of construction, or engages in other conduct which proximately causes damage to property based on inverse condemnation or otherwise. then and in that event, the CONTRACTOR shall indemnify the OWNER against all costs resulting from such claims. 6.14.5 In the event the CONTRACTOR unreasonably delays progress of the work being done by others on the site so as to cause loss for which the OWNER becomes liable, then the CONTRACTOR shall reimburse the OWNER for such loss. 6.15 Survival of Obligations: All representations, indemnifications, warranties and guarantees made in, required by or given in accordance with the Contract Documents, as well as all continuing obligations indicated in the Contract Documents, will survive final payment, completion and acceptance of the Work and termination or completion of the Agreement. 6.16 Losses from Natural Causes: Unless otherwise specified, all loss or damage to the CONTRACTOR arising out of the nature of the Work to be done or from action of the elements, floods or from unforeseeable circumstances in prosecution of the Work or from 00700 04-2020 Page 23 General Conditions unusual obstructions or difficulties which may be encountered in prosecution of the Work, shall be sustained and borne by the CONTRACTOR at its own cost and expense. 6.17 Notice of Claim: Should the CONTRACTOR suffer injury or damage to person or property because of any error, omission or act of the OWNER or of any of the OWNER's employees or agents or others for whose acts the OWNER is liable, a Claim will be made to the other party within thirty (30) calendar days of the event giving rise to such injury or damage. The provisions of this paragraph 6.17 shall not be construed as a substitute for or a waiver of the provisions of any applicable statute of limitations, statute of repose, or any other provision of the Contract Documents. 6.18 Liquidated Damages: At set forth in the Agreement, paragraph 1.2,the CONTRACTOR or its Surety shall be liable for Liquidated Damages for the CONTRACTOR's failure to timely complete the Work or any portion thereof within the Contract Time. See Supplemental Conditions for amount of Liquidated Damages. ARTICLE 7 -OTHER WORK 7.1 The OWNER may perform other work related to the Project at the site by the OWNER's own forces, or let other contracts therefor, or have other work performed by utility owners. If the CONTRACTOR believes that delay or additional cost is involved because of such action by the OWNER, the CONTRACTOR may make a Claim as provided in Article 11 or Article 12. 7.2 The CONTRACTOR shall afford other contractors who are in a contract with the OWNER and each utility owner (and the OWNER, if the OWNER is performing the additional work with the OWNER's employees) proper and safe access to the site and a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such other work and shall properly connect and coordinate the Work with theirs. Unless otherwise provided in the Contract Documents, the CONTRACTOR shall do all cutting, fitting and patching of the Work that may be required to make its several parts come together properly and integrate with such other work. The CONTRACTOR shall not endanger any work of others by cutting, excavating or otherwise altering their work and will only cut or alter their work with the written consent of Owner's Representative and the other contractors whose work will be affected. The CONTRACTOR shall promptly remedy damage caused by the CONTRACTOR to completed or partially completed construction or to property of the OWNER or separate contractors. 7.3 If the proper execution or results of any part of the CONTRACTOR's Work depends upon work performed by others under this Article 7, the CONTRACTOR shall inspect such other work and promptly report to Owner's Representative in writing any delays, defects or deficiencies in such other work that render it unavailable or unsuitable for the proper execution and results of the CONTRACTOR's Work. The CONTRACTOR's failure to report will constitute an acceptance of such other work as fit and proper for integration with the CONTRACTOR's Work except for latent or non-apparent defects and deficiencies in such other work. 7.4 The OWNER shall provide for coordination of the activities of the OWNER's own forces and of each separate contractor with the Work of the CONTRACTOR, who shall cooperate with them. The CONTRACTOR shall participate with other separate contractors and Owner's Representative in reviewing their construction schedules when directed to do so. The CONTRACTOR shall make any revisions to the construction schedule deemed necessary after a joint review and mutual agreement. The construction schedules shall then constitute the schedules to be used by the CONTRACTOR, separate contractors and the OWNER until subsequently revised. 7.5 Unless otherwise stated herein, costs caused by delays or by improperly timed activities or defective construction shall be borne by the party responsible therefor. 7.6 If CONTRACTOR damages, delays, disrupts or interferes with the work of any other contractor, or any utility owner performing other work at or adjacent to the site of the Project, through CONTRACTOR's failure to take reasonable and customary measures to avoid such impacts, or if any claim arising out of CONTRACTOR's actions, 00700 04-2020 Page 24 General Conditions inactions or negligence in performance of the Work at or adjacent to the site of the Project is made by any such other contractor or utility owner against CONTRACTOR, OWNER, or E/A, then CONTRACTOR shall (1) promptly attempt to settle the claim as to all parties through negotiations with such other contractor or utility owner, or otherwise resolve the claim by arbitration or other dispute resolution proceeding or at law, and(2)INDEMNIFY AND HOLD HARMLESS THE INDEMNIFIED PARTIES, INCLUDING, BUT NOT LIMITED TO THE E/A FROM AND AGAINST ANY SUCH CLAIMS,AND AGAINST ALL COSTS,LOSSES,AND DAMAGES(INCLUDING BUT NOT LIMITED TO ALL FEES AND CHARGES OF ENGINEERS, ARCHITECTS, ATTORNEYS, AND OTHER PROFESSIONALS AND ALL COURT OR ARBITRATION OR OTHER DISPUTE RESOLUTION COSTS) ARISING OUT OF OR RELATING TO SUCH DAMAGE, DELAY, DISRUPTION, OR INTERFERENCE. ARTICLE 8 -OWNER'S RESPONSIBILITIES 8.1 Prior to the start of construction, the OWNER will designate in writing a person or entity to act as Owner's Representative during construction. Except as otherwise provided in these General Conditions, the OWNER shall issue all communications to the CONTRACTOR through Owner's Representative. 8.2 The OWNER will not supervise, direct, control or have authority over or be responsible for the CONTRACTOR's means, methods, techniques, sequences or procedures of construction or the safety precautions and programs incident thereto. The OWNER is not responsible for any failure of the CONTRACTOR to comply with laws and regulations applicable to furnishing or performing the Work. The OWNER is not responsible for the CONTRACTOR's failure to perform or furnish the Work in accordance with the Contract Documents. Failure or omission of the OWNER to discover, or object to or condemn any defective Work or material shall not release the CONTRACTOR from the obligation to properly and fully perform the Contract. 8.3 The OWNER is not responsible for the acts or omissions of the CONTRACTOR, or of any Subcontractor, any Supplier, or of any other person or organization performing or furnishing any of the Work. 8.4 Information or services under the OWNER's control shall be furnished by the OWNER with reasonable promptness to avoid delay in the orderly progress of the Work. 8.5 The foregoing are in addition to other duties and responsibilities of the OWNER enumerated herein and especially those in respect to Article 4 (Availability of Lands; Subsurface and Physical Conditions; Reference Points), Article 7(Other Work) and Article 14 (Payments to the CONTRACTOR and Completion). 8.6 Notice of Claim: Should the OWNER suffer injury or damage to person or property because of any error, omission or act of the CONTRACTOR or of any of the CONTRACTOR's employees or agents or others for whose acts the CONTRACTOR is liable, a notice of such injury or damage will be sent to the CONTRACTOR within thirty (30) calendar days of the event giving rise to such injury or damage. The provisions of this paragraph 8.6 shall not be construed as a substitute for or a waiver of the provisions of any applicable statute of limitations or statute of repose. 8.7 The OWNER is not responsible for the CONTRACTOR's failure to perform or furnish the Work in accordance with the Contract Documents. The failure or omission of the OWNER, E/A or any other person or entity acting on behalf of the OWNER or the E/A to observe, detect, discover, or object to or condemn any defective Work or material shall not release the CONTRACTOR from CONTRACTOR's obligation to properly and fully perform the Work pursuant to the Contract Documents. The OWNER shall not be responsible for the acts, errors or omissions of the CONTRACTOR, or any Subcontractor, Supplier or any other person or entity performing or furnishing any of the Work on behalf of the CONTRACTOR. ARTICLE 9 - ENGINEER/ARCHITECT'S STATUS DURING CONSTRUCTION 9.1 E/A's Authority and Responsibilities: 9.1.1 The duties and responsibilities and the limitations of authority of E/A during construction are set forth in the Contract Documents and shall not be extended without written consent of the OWNER and E/A. The assignment 00700 04-2020 Page 25 General Conditions of any authority, duties or responsibilities to E/A under the Contract Documents, or under any agreement between the OWNER and E/A, or any undertaking, exercise or performance thereof by E/A, is intended to be for the sole and exclusive benefit of the OWNER and is not for the benefit of the CONTRACTOR, Subcontractor, Sub- subcontractor, Supplier, or any other person or organization, or for any surety or employee or agent of any of them. 9.1.2 E/A will not supervise, direct, control or have authority over or be responsible for the CONTRACTOR's means, methods, techniques, sequences or procedures of construction, or the safety precautions and programs incident thereto. E/A is not responsible for any failure of the CONTRACTOR to comply with laws and regulations applicable to the furnishing or performing the Work. E/A is not responsible for the CONTRACTOR's failure to perform or furnish the Work in accordance with the Contract Documents. Failure or omission of E/A to discover, or object to or condemn any defective Work or material shall not release the CONTRACTOR from the obligation to properly and fully perform the Work. 9.1.3 E/A is not responsible for the acts or omissions of the CONTRACTOR, or of any Subcontractor, any Supplier, or of any other person or organization performing or furnishing any of the Work. 9.1.4 If the OWNER so directs, E/A will review the final Application for Payment and accompanying documentation and all maintenance and operating instructions, schedules, guarantees, bonds and certificates of inspection,tests and approvals and other documentation required to be delivered by Article 14,but only to determine generally that their content complies with the requirements of, and in the case of certificates of inspections, tests and approvals that the results certified indicate compliance with, the Contract Documents. 9.1.5 The limitations upon authority and responsibility set forth in this paragraph 9.1 shall also apply to E/A's Consultants, Resident Project Representative and assistants. 9.2 E/A as Owner's Representative: 9.2.1 E/A may be designated as Owner's Representative under paragraph 8.1. 9.3 Visits to Site: If the OWNER so directs, E/A will make visits to the site at intervals appropriate to the various stages of construction as is necessary in order to observe as an experienced and qualified design professional the progress that has been made and the quality of the various aspects of the CONTRACTOR's executed Work. Based on information obtained during such visits and observations, E/A will endeavor for the benefit of the OWNER to determine if the Work is proceeding in accordance with the Contract Documents. E/A will not be required to make exhaustive or continuous on-site inspections to check the quality or quantity of the Work. E/A's efforts will be directed toward providing for the OWNER a greater degree of confidence that the completed Work will conform to the Contract Documents. On the basis of such visits and on-site observations, E/A will keep the OWNER informed of the progress of the Work and will endeavor to guard the OWNER against defective Work. E/A's visits and on-site observations are subject to all the limitations on E/A's authority and responsibility set forth in paragraph 9.1. 9.4 Project Representative: If the OWNER and E/A agree, E/A will furnish a Resident Project Representative to assist E/A in providing more continuous observation of the Work. The responsibilities and authority and limitations of any such Resident Project Representative and assistants will be as provided in paragraph 9.1 and in the Supplemental General Conditions. The OWNER may designate another representative or agent to represent the OWNER at the site who is not E/A, E/A's consultant, agent or employee. 9.5 Clarifications and Interpretations: E/A may determine that written clarifications or interpretations of the requirements of the Contract Documents (in the form of drawings or otherwise) are necessary. Such written clarifications or interpretations will be consistent with the intent of and reasonably inferable from the Contract Documents,will be issued with reasonable promptness by Owner's Representative and will be binding on the OWNER and the CONTRACTOR. If the OWNER or the 00700 04-2020 Page 26 General Conditions CONTRACTOR believes that a written clarification or interpretation justifies an adjustment in the Contract Amount or the Contract Times, the OWNER or the CONTRACTOR may make a Claim therefor as provided in Article 11 or Article 12. 9.6 Rejecting Defective Work: E/A may recommend that the OWNER disapprove or reject Work which E/A believes to be defective, or believes will not produce a completed Project that conforms to the Contract Documents or will prejudice the integrity of the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. ARTICLE 10 -CHANGES IN THE WORK 10.1 Changes: 10.1.1 Without invalidating the Contract and without notice to any surety, the OWNER, at any time or from time to time, may order additions, deletions or revisions in the Work. Such changes in the Work will be authorized by Change Order, Change Directive or Field Order. 10.1.2 Changes in the Work shall be performed under applicable provisions of the Contract Documents, and the CONTRACTOR shall proceed promptly, unless otherwise provided in the Change Order, Change Directive or Field Order. 10.1.3 The CONTRACTOR shall not be entitled to an increase in the Contract Amount or an extension of the Contract Times with respect to any Work performed that is not required by the Contract Documents as amended, modified and supplemented as provided in paragraph 3.3.1 and paragraph 3.3.2, except in the case of an emergency as provided in paragraph 6.11.5 or in the case of uncovering Work as provided in paragraph 13.4. 10.1.4 Except in the case of an emergency as provided in paragraph 6.11.5, a Change Order or Change Directive is required before the CONTRACTOR commences any activities associated with a change in the Work which, in the CONTRACTOR 's opinion, will result in a change in the Contract Amount and/or Contract Times. 10.1.5 If notice of any change affecting the general scope of the Work or the provisions of the Contract Documents (including, but not limited to, Contract Amount or Contract Times) is required by the provisions of any Bond to be given to a surety, the giving of any such notice will be the CONTRACTOR's responsibility, and the amount of each applicable Bond will be adjusted accordingly. 10.2 Change Orders: 10.2.1 The OWNER and the CONTRACTOR shall execute appropriate written Change Orders covering: .1 a change in the Work; .2 the amount of the adjustment in the Contract Amount, if any; and .3 the extent of the adjustment in the Contract Time, if any. 10.2.2 An executed Change Order shall represent the complete, equitable, and final amount of adjustment in the Contract Amount and/or Contract Time owed to the CONTRACTOR or the OWNER as a result of the occurrence or event causing the change in the Work encompassed by the Change Order. 10.3 Change Directives: 10.3.1 The OWNER may by written Change Directive,without invalidating the Contract,order changes in the Work within the general scope of the Contract consisting of additions, deletions or other revisions, the Contract Amount 00700 04-2020 Page 27 General Conditions and Contract Time being adjusted as necessary. A Change Directive shall be used in the absence of complete and prompt agreement on the terms of a Change Order. 10.3.2 If the Change Directive provides for an adjustment to the Contract Amount, the adjustment shall be based on the method provided for in paragraph 11.5. 10.3.3 A Change Directive shall be recorded later by preparation and execution of an appropriate Change Order. 10.3.4 Upon receipt of a Change Directive, CONTRACTOR shall promptly proceed with the change in the Work involved. 10.4 Field Order: 10.4.1 Owner's Representative may authorize minor variations in the Work from the requirements of the Contract Documents which do not involve an adjustment in the Contract Amount or the Contract Times and are compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. These shall be accomplished by written Field Order and shall be binding on the OWNER and on the CONTRACTOR who shall perform the Work involved promptly. 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) ollows: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 maybe necessary on account of: .1 defective Work not remedied; 00700 04-2020 Page 36 General Conditions .2 reasonable evidence that the Work cannot be completed for the unpaid balance of the Contract Amount; .3 damage to the OWNER or another contractor; .4 reasonable evidence that the Work will not be completed within the Contract Time, and that the unpaid balance would not be adequate to cover actual or liquidated damages for the anticipated delay; .5 failure of the CONTRACTOR to submit a schedule of values in accordance with the Contract Documents; .6 failure of the CONTRACTOR to submit a submittal schedule in accordance with the Contract Documents; .7 failure of the CONTRACTOR to submit or update construction schedules in accordance with the Contract Documents; .8 failure of the CONTRACTOR to maintain a record of changes on drawings and documents; .9 failure of the CONTRACTOR to maintain weekly payroll reports; .10 failure of the CONTRACTOR to submit monthly subcontractor reports; .11 the CONTRACTOR's neglect or unsatisfactory prosecution of the Work, including failure to clean up; or .12 failure of the CONTRACTOR to comply with any provision of the Contract Documents. .13 OWNER's disagreement with the recommendation of the Owner's Representative, provided the OWNER has provided a Written Notice to the CONTRACTOR specifying the reasons why OWNER does not agree with such recommendation. 14.4.2 When the above reasons for withholding payment are removed, the CONTRACTOR shall resubmit a statement for the value of Work performed. Payment will be made within thirty (30) calendar days of receipt of approved Application for Payment. 14.5 Delayed Payments: Should the OWNER fail to make payment to the CONTRACTOR of a sum named in any Application for Payment with which OWNER agrees and has approved for payment within thirty (30) calendar days after the day on which the OWNER received the mutually acceptable Application for Payment, then the OWNER will pay to the CONTRACTOR, in addition to the sum shown as due by such Application for Payment, interest thereon at the rate of one percent (1%) per month from date due until fully paid, which shall fully liquidate any injury to the CONTRACTOR growing out of such delay in payment. 14.6 Arrears: No money shall be paid by the OWNER upon any claim, debt, demand or account whatsoever, to any person, firm or corporation who is in arrears to the OWNER; and the OWNER shall be entitled to counterclaim and offset against any such debt, claim, demand or account so in arrears and no assignment or transfer of such debt, claim, demand or account, shall affect the right of the OWNER to so offset said amounts, and associated penalties and interest if applicable, against the same. 00700 04-2020 Page 37 General Conditions 14.7 Substantial Completion: 14.7.1 If a Certificate of Occupancy is required by public authorities having jurisdiction over the Work, said certificate*shal I be issued before the Work or any portion thereof is considered substantially complete. When the CONTRACTOR considers that the Work, or a portion thereof which the OWNER agrees to accept separately, is substantially complete, the CONTRACTOR shall notify Owner's Representative and request a determination as to whether the Work or designated portion thereof is substantially complete. If Owner's Representative does not consider the Work substantially complete, Owner's Representative will notify the CONTRACTOR giving reasons therefor. Failure on the OWNER's part to list a reason does not alter the responsibility of the CONTRACTOR to complete all Work in accordance with the Contract Documents. After satisfactorily completing items identified by Owner's Representative, the CONTRACTOR shall then submit another request for Owner's Representative to determine substantial completion. If Owner's Representative considers the Work substantially complete, Owner's Representative will prepare and deliver a certificate of Substantial Completion which shall establish the date of Substantial Completion, shall include a punch list of items to be completed or corrected before final payment, shall establish the time within which the CONTRACTOR shall finish the punch list, and shall establish responsibilities of the OWNER and the CONTRACTOR for security, maintenance, heat, utilities, damage to the Work, warranty and insurance. Failure to include an item on the punch list does not alter the responsibility of the CONTRACTOR to complete all Work in accordance with the Contract Documents. The certificate of Substantial Completion shall be signed by the OWNER and the CONTRACTOR to evidence acceptance of the responsibilities assigned to them in such certificate. 14.7.2 The OWNER shall have the right to exclude the CONTRACTOR from the Work after the date of Substantial Completion, but the OWNER will allow the CONTRACTOR reasonable access to complete or correct items on the punch list. 14.8 Partial Utilization: The OWNER, at the OWNER's sole option, shall have the right to take possession of and use any completed or partially completed portion of the Work regardless of the time for completing the entire Work. The OWNER's exercise of such use and possession shall not be construed to mean that the OWNER acknowledges that any part of the Work so possessed and used is substantially complete or that it is accepted by OWNER, and the OWNER's exercise of such use and possession shall not relieve the CONTRACTOR of its responsibility to complete all Work in accordance with the Contract Documents. 14.9 Final Inspection: Upon Written Notice from the CONTRACTOR that the entire Work or an agreed portion thereof is complete, Owner's Representative will make a final inspection with the CONTRACTOR and provide Written Notice of all particulars in which this inspection reveals that the Work is incomplete or defective. The CONTRACTOR shall immediately take such measures as are necessary to complete such Work or remedy such deficiencies. 14.10 Final Application for Payment: The CONTRACTOR may make application for final payment following the procedure for progress payments after the CONTRACTOR has completed all such corrections to the satisfaction of Owner's Representative and delivered the following documents: .1 Three(3) complete operating and maintenance manuals, each containing maintenance and operating instructions, schedules, guarantees, and other documentation required by the Contract Documents; .2 Record documents (as provided in paragraph 6.10); .3 Consent of surety, if any, to final payment. If surety is not provided, complete and legally effective releases or waivers (satisfactory to the OWNER) of all claims arising out of or filed in connection with the Work; 00700 04-2020 Page 38 General Conditions .4 Certificate evidencing that insurance required by the Supplemental General Conditions will remain in force after final payment and through any warranty period; .5 Non-Use of Asbestos Affidavit (After Construction); and .6 Any other documentation called for in the Contract Documents. 14.11 Final Payment and Acceptance: 14.11.1 If, on the basis of observation of the Work during construction, final inspection, and review of the final Application for Payment and accompanying documentation as required by the Contract Documents, Owner's Representative is satisfied that the Work has been completed and the CONTRACTOR's other obligations under the Contract Documents have been fulfilled, Owner's Representative will recommend the final Application for Payment and thereby notify the OWNER. If the OWNER agrees with the recommendation of the Owner's Representative, the OWNER will pay to the CONTRACTOR the balance due the CONTRACTOR under the terms of the Contract. 14.11.2 As Contract Time is measured to Final Completion, Owner's Representative will issue a letter of final acceptance to the CONTRACTOR which establishes the Final Completion date and initiates any warranty period. 14.11.3 Final payment is considered to have taken place when the CONTRACTOR or any of its representatives negotiates the OWNER's final payment check, whether labeled final or not, for cash or deposits check in any financial institution for its monetary return. 14.12 Waiver of Claims: The making and acceptance of final payment will constitute: .1 a waiver of claims by the OWNER against the CONTRACTOR, except claims arising from unsettled claims, from defective Work appearing after final inspection, from failure to comply with the Contract Documents or the terms of any warranty specified therein, or from the CONTRACTOR's continuing obligations under the Contract Documents; and .2 a waiver of all claims by the CONTRACTOR against the OWNER other than those previously made in writing and still unsettled. ARTICLE 15 -SUSPENSION OF WORK AND TERMINATION 15.1 OWNER May Suspend Work Without Cause and for Convenience: At any time and without cause and for convenience, the OWNER may suspend the Work or any portion thereof for a period of not more than ninety(90)calendar days by written agreement or by Written Notice to the CONTRACTOR which will fix the date on which the Work will be resumed. The CONTRACTOR shall resume the Work on the date so fixed. The CONTRACTOR 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 ocuments;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): Brent Luck, PLA Firm: LUCK Design Team. LLC Address: 9600 Escarpment Boulevard#745-4 City, State, Zip: Austin, Texas 78749 Telephone: 512.810.0684 Facsimile: Email: bluckaluckdesignteam.com 1.27 Owner's Representative: Add the following: Name: Katie Baker Title: Park Development Manager Address: 301 W Bagdad Ave City, State, Zip: Round Rock, TX 78664 Telephone: 512.341.3355 Facsimile: Email: kbaker(&roundrocktexas.2ov ARTICLE 6-CONTRACTOR'S RESPONSIBILITIES 6.18 Liquidated Damages Add the following: 1. CONTRACTOR SHALL PAY LIQUIDATED DAMAGES IN THE AMOUNT OF two hundred fifty dollars AND NO/100 DOLLARS $250.00 PER DAY FOR EACH DAY BEYOND THE DATE ESTABLISHED THEREFOR THAT THE CONTRACTOR FAILS TO ACHIEVE SUBSTANTIAL COMPLETION, AND FOR WHICH OWNER IS UNABLE TO UTILIZE THE IMPROVEMENTS AND FACILITIES DUE TO THE FAILURE OF CONTRACTOR TO HAVE ACHIEVED SUBSTANTIAL COMPLETION IN ACCORDANCE WITH THE CONTRACT. END OF SUPPLEMENTAL GENERAL CONDITIONS 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. 00900-4-2020 Page I Special Conditions 00443643 02-03 WAGE RATES Wage Rates(Information From Chapter 2258,Texas Government Code Title 10) 2288.021.Duty of Government Entity to Pay Prevailing Wage Rates a. The State or any political subdivision of the State shall pay a worker employed by it or on behalf of it: (1) not less than the general prevailing rate of per diem wages for work of a similar character in the locality in which the work is performed;and (2) not less than the general prevailing rate of per diem wages for legal holiday and overtime work. b. Subsection(a)does not apply to maintenance work. C. A worker is employed on a public work for the purposes of this section if a Contractor or Subcontractor in the execution of a contract for the public work with the State,a political subdivision of the State or any officer or public body of the State or a political subdivision of the State, employs the worker. 2258.023. Prevailing Wage Rates to be Paid by Contractor and Subcontractor; Penalty a. The contractor who is awarded a contract by a public body,or a Subcontractor of the Contractor, shall pay not less than the rates determined under Section 2258.022 to a worker employed by it in the execution of the contract. b. A Contractor or Subcontractor who violates this section shall pay to the state or a political subdivision of the state on whose behalf the contract is made,$60 for each worker employed for each calendar day or part of the day that the worker is paid less than the wage rates stipulated in the contract.A public body awarding a contract shall specify this penalty in the contract. C. A contractor or subcontractor does not violate this section if a public body awarding a contract does not determine the prevailing wage rates, and specify the rates in the contract as provided by Section 2258.022. d. The public body shall use any money collected under this section to offset the costs incurred in the administration of this chapter. e. A municipality is entitled to collect a penalty under this section only if the municipality has a population of more than 10,000. 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) httv://www.wdol.p-ov/wdoUscafiles/davisbacon/TX33.dvb?v--O Construction Types: Heavy and Highway http://www.wdol.p-ov/wdol/scafiles/davisbacon/TX16.dvb?v--O Construction Type: Building http://www.wdol.jzov/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. 00900-4-2020 Page 5 Special Conditions 00443643 01000 TECHNICAL SPECIFICATIONS ITEM 1 GENERAL DESCRIPTION 1.01 SCOPE OF WORK The Work covered by these Specifications consists of furnishing all labor, equipment, appliances, materials and performing all operations in connection with the inspection and testing, complete in accordance with the Plans, and subject to the terms and conditions of the Contract Documents. 1.02 GOVERNING TECHNICAL SPECIFICATIONS STREET,WATER, SEWER AND DRAINAGE IMPROVEMENTS The Round Rock Standard Specification Criteria Manual is hereby referred to and included in this contract as fully and to the same extent as if copied at length herein, and shall be applied to this project unless modified elsewhere as discussed below. The aforementioned Criteria Manual is the"Standard Specifications"section of the City of Round Rock Design and Construction Standards. The Standard Specifications may be accessed from the City of Round Rock website (www.roundrocktexas.gov) at the following web address: www.roundrocktexas.gov/dacs. Any adjustments,alterations,or additional information regarding Governing Technical Specifications are contained in the Plans (Drawings), Details and Notes described in Section 02000 of the Project Manual or are included in Attachment A at the end of this Technical Specifications Section. ITEM 2 CONTROL OF WORK 2.01 CLEAN-UP 2.01.1 CONSTRUCTION SITE During construction, the CONTRACTOR shall keep the site free and clean from all rubbish and debris and shall clean-up the site promptly when notified to do so by the E/A. The CONTRACTOR shall,at its own expense,maintain the streets and roads free from dust, mud, excess earth or debris which constitutes a nuisance or danger to the public using the thoroughfare, or the occupants of adjacent properties. Care shall be taken to prevent spillage on streets and roads over which hauling is done, and any such spillage or debris deposited on streets, due to the CONTRACTOR's operations, shall be immediately removed. Page 1 01000-4-2020 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 010004-2020 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 Technical Specifications CITY OF ROUND ROCK Meadow Lake Dock Improvement Project 2023 �Q NTO".. ��•O n• c�y, • NJq•.� 1896 ' 03/13/23 LUCK Design Team, LLC 9600 Escarpment Boulevard, Suite 745-4 Austin, Texas 78749 PHONE: (512) 810-0684 Meadow Lake Dock Improvement Project 2023 City of Round Rock TABLE OF CONTENTS SECTION 00000 - Project Directory SECTION 00010 - Sheet Index DIVISION 1- GENERAL REQUIREMENTS SECTION 01010- Summary of Work SECTION 01035- Project Procedures SECTION 01045- Cutting and Patching SECTION 01095- Reference Standards and Definitions SECTION 01100- Special Project Procedures SECTION 01120- Alterations to Existing Construction SECTION 01200- Project Meetings SECTION 01300- Submittals SECTION 01400- Quality Control Services SECTION 01500- Temporary Facilities SECTION 01600- Material and Equipment SECTION 01631- Project Substitutions SECTION 01700- Contract Closeout SECTION 01701- Contract Closeout Procedures SECTION 01710- Final Cleaning SECTION 01730- Operation and Maintenance Data DIVISION 2- SITE WORK SECTION 02110- Site Clearing SECTION 02221- Rough Grading SECTION 02923- Landscape Grading SECTION 02930- Hydraulic Seeding DIVISION 3 - CONCRETE SECTION 03100- Concrete Formwork SECTION 03200- Concrete Reinforcement SECTION 03300- Cast-in-place Concrete SECTION 03370- Concrete Curing MISCELLANEOUS Floatation Systems, Inc. Architectural Planning Criteria Dock Specifications Floatation Systems, Inc. Drawing dated 2-14-21 END OF TABLE OF CONTENTS PROJECT DIRECTORY PROJECT: Meadow Lake Dock Improvement Project 2023 OWNER: City of Round Rock Attn: Katie Baker, Park Development Manager 221 East Main Street Round Rock, TX 78664 Phone: 512.341.3355 LANDSCAPE LUCK Design Team, LLC ARCHITECT Attn: Brent Luck, PLA 9600 Escarpment Boulevard, Suite 745-4 Austin, Texas 78749 Phone: (512) 810-0684 CIVIL Freeland Turk Engineering Group ENGINEER Attn: Gary Freeland. P.E., CFM 172 Creekside Park Road, Suite 115 Spring Branch, Texas 78070 Phone: 830.377.4555 00000 039-03 Sheet Index Sheet Sheet Title Number COVER SHEET L2.0 MATERIALS AND LAYOUT PLAN L4.0 PLANTING PLAN C0.1 GENERAL NOTES C1.0 E&SC, SITE AND GRADING PLAN C2.0 E&SC NOTES C2.1 E&SC DETAILS C2.2 E&SC DETAILS C2.3 DETAILS C2.4 DETAILS S100 STRUCTURAL DETAILS AND NOTES S101 STRUCTURAL FLOATING DOCK PLAN -SECTION 01010 SUMMARY OF WORK PART1 GENERAL 1.01 SECTION INCLUDES A. Scope of Work. B. Work by Others. C. Contractor use of site and premises. D. Work Sequence. E. Owner occupancy. 1.02 SCOPE OF WORK A. The Contractor for each phase shall provide all work, supervision, labor, materials, transportation, clean up and any other services necessary to perform the construction for this project, complete in every detail, within the limits shown. 1.03 WORK BY OTHERS A. The owner will contract others to install communication systems (telephone&computer) and other technical systems. Contractor shall coordinate with owner and all other phase contractors for scheduling and interfacing of construction elements. 1.04 CONTRACTOR USE OF SITE AND PREMISES A. Coordinate with the owner's representative for access to and use of the site. B. Limit staging, parking and storage of materials to areas of the site scheduled for clearing and disturbance by construction activities. Staging, parking and storage of materials will not be permitted on areas of the site indicated to remain undisturbed. 1.05 WORK SEQUENCE A. Construct work in sequence to accommodate the work of others. During the construction period, coordinate construction schedule and operations with the Owner and Architect. B. Schedule construction sequence to begin within 10 days of issuance of the Notice to Proceed. Dates for final completion will be finalized at time of Notice to Proceed. PART2 PRODUCTS Not Used PART 3 EXECUTION Not Used END OF SECTION 01010-1 005-23 SECTION 01035 PROJECT PROCEDURES 1 PART 1 -GENERAL 1.1 RELATED DOCUMENTS A. Drawings specification or other conditions of the contract, apply to this section. 1.2 SUMMARY A. This section specifies administrative and procedural requirements for handling and processing of project documents. 1.3 MINOR CHANGES IN THE WORK A. The project manager will issue supplemental instructions authorizing minor changes in the work, not involving adjustment to the contract sum or contract time. 1.4 CHANGE ORDER PROPOSAL REQUESTS A. Owner-initiated proposal requests: The project manager will issue a detailed description of proposed changes in the work that will require adjustment to the contract sum or contract time. If necessary, the description will include supplemental or revised drawings and specifications. 1. Proposal requests issued by the project manager are for information only. Do not consider them as an instruction either to stop work in progress or to execute the proposed change. 2. Within 10 working days of receipt of a proposal request, submit an estimate of cost necessary to execute the change to the project manager for the owner's review. a. Include a list of quantities of products required and unit costs, with the total amount of purchases to be made. Where requested, furnish survey data to substantiate quantities. b. Indicate applicable taxes, delivery charges, equipment rental, and amounts of trade discounts. c. Include a statement indicating the effect the proposed change in the work will have on the contract time. B. Contractor-Initiated Proposals: Subject to restrictions and requirements in the other contract documents, when latent or unforeseen conditions require modifications to the contract, the contractor may propose changes by submitting a request for a change to the project manager. 1. Include a statement outlining the reasons for the change and the effect of the change on the work. Provide a complete description of the proposed change. Indicate the effect of the proposed change on the contract sum and contract time. 2. Include a list of quantities of products required and unit costs, with the total amount 01035-1 005-23 of purchases to be made. Where requested, furnish survey data to substantiate quantities. 3. Indicate applicable taxes, delivery charges, equipment rental, and amounts of trade discounts. 4. Comply with requirements in Section 01631 "Project Substitutions" if the proposed change requires substitution of one product or system for a product or system specified. C. Proposal Change Request (PRC) Form: Use forms provided by the project manager for proposal change requests. 1.5 CONSTRUCTION CHANGE DIRECTIVE A. Construction Change Directive: When the owner and the contractor disagree on the terms of a proposal request, the project manager may issue a construction change directive. The construction change directive instructs the contractor to proceed with a change in the work, for subsequent inclusion in a change order. 1. The construction change directive contains a complete description of the change in the work. It also designates the method to be followed to determine change in the contract sum or contract time. B. Documentation: Maintain detailed records on a time and material basis of work required by the construction change directive. 1. After completion of the change, submit an itemized account and supporting data necessary to substantiate cost and time adjustments to the contract. 1.6 CHANGE ORDER PROCEDURES A. Upon the owner's approval of a proposal request, the project manager will submit a change order for signatures of the contractor, and owner. 1.7 REQUEST FOR INFORMATION A. Contractor shall submit all requests for information to the project manager on forms provided by the project manager. 1.8 FIELD ORDERS A. The project manager may issue field orders in concert with the owner to incorporate immediate changes into the contract documents. Any resultant cost changes would be confirmed by change order. 2 PART 2—PRODUCTS Not Applicable 3 PART 3- EXECUTION Not Applicable END OF SECTION 01035 01035-2 005-23 SECTION 01045 CUTTING AND PATCHING 1 PART 1 -GENERAL 1.1 RELATED DOCUMENTS A. Drawings specification or other conditions of the contract, apply to this section. 1.2 SUMMARY A. This section specifies administrative and procedural requirements for cutting and patching. B. Refer to other sections for specific requirements and limitations applicable to cutting and patching individual parts of the work. 1.3 SUBMITTALS A. Cutting and Patching Proposal: Where approval of procedures for cutting and patching is required before proceeding, submit a proposal describing procedures well in advance of the time cutting and patching will be performed and request approval to proceed. Include the following information, as applicable, in the proposal: 1. Describe the extent of cutting and patching required and how it is to be performed; indicate why it cannot be avoided. 2. Describe anticipated results in terms of changes to existing construction; include changes to structural elements and operating components as well as changes in the building's appearance and other significant visual elements. 3. List products to be used and firms or entities that will perform work. 4. Indicate dates when cutting and patching is to be performed. 5. List utilities that will be disturbed or affected, including those that will be relocated and those that will be temporarily out-of-service. Indicate how long service will be disrupted. 6. Where cutting and patching involves addition of reinforcement to structural elements, submit details and engineering calculations to show how reinforcement is integrated with the original structure. 7. Approval by the project manager to proceed with cutting and patching does not waive the project manager's right to later require complete removal and replacement of a part of the work found to be unsatisfactory. 1.4 QUALITY ASSURANCE A. Requirements for Structural Work: Do not cut and patch structural elements in a manner that would reduce their load-carrying capacity or load-deflection ratio. 1. Obtain approval of the cutting and patching proposal before cutting and patching the following structural elements: 01045-1 005-23 a. Foundation construction. b. Bearing and retaining walls. c. Structural concrete. d. Structural steel. e. Lintels. f. Structural decking. g. Stair systems. In. Miscellaneous structural metals. i. Equipment supports. j. Piping, ductwork, vessels and equipment. B. Operational and Safety Limitations: Do not cut and patch operating elements or safety related components in a manner that would result in reducing their capacity to perform as intended, or result in increased maintenance, or decreased operational life or safety. 1. Obtain approval of the cutting and patching proposal before cutting and patching the following operating elements or safety related systems: a. Shoring, bracing, and sheeting. b. Primary operational systems and equipment. c. Air or smoke barriers. d. Water, moisture, or vapor barriers. e. Membranes and flashing. f. Fire protection systems. g. Noise and vibration control elements and systems. h. Control systems. i. Communication systems. j. Conveying systems. k. Electrical wiring systems. C. Visual Requirements: Do not cut and patch construction exposed on the exterior or in occupied spaces, in a manner that would, in the project manager's opinion, reduce the building's aesthetic qualities, or result in visual evidence of cutting and patching. Remove and replace work cut and patched in a visually unsatisfactory manner. 1. If possible retain the original installer or fabricator to cut and patch the following categories of exposed work, or if it is not possible to engage the original installer 01045-2 005-23 or fabricator, engage another recognized experienced and specialized firm. 2 PART 2- PRODUCTS 2.1 MATERIALS A. Use materials that are identical to existing materials. If identical materials are not available or cannot be used where exposed surfaces are involved, use materials that match existing adjacent surfaces to the fullest extent possible with regard to visual effect. Use materials whose installed performance will equal or surpass that of existing materials. 3 PART 3-EXECUTION 3.1 INSPECTION A. Before cutting existing surfaces, examine surfaces to be cut and patched and conditions under which cutting and patching is to be performed. Take corrective action before proceeding, if unsafe or unsatisfactory conditions are encountered. 3.2 PREPARATION A. Temporary Support: Provide temporary support of work to be cut. B. Protection: Protect existing construction during cutting and patching to prevent damage. Provide protection from adverse weather conditions for portions of the project that might be exposed during cutting and patching operations. C. Avoid interference with use of adjoining areas or interruption of free passage to adjoining areas. D. Take all precautions necessary to avoid cutting existing pipe, conduit or ductwork serving the building, but scheduled to be removed or relocated until provisions have been made to bypass them. 3.3 PERFORMANCE A. General: Employ skilled workmen to perform cutting and patching. Proceed with cutting and patching at the earliest feasible time and complete without delay. 1. Cut existing construction to provide for installation of other components or performance of other construction activities and the subsequent fitting and patching required to restore surfaces to their original condition. B. Cutting: Cut existing construction using methods least likely to damage elements to be retained or adjoining construction. Where possible review proposed procedures with the original installer, and comply with the original installer's recommendations. 1. In general, where cutting is required use hand or small power tools designed for sawing or grinding, not hammering and chopping. Cut holes and slots neatly to size required with minimum disturbance of adjacent surfaces. Temporarily cover openings when not in use. 2. To avoid marring existing finished surfaces, cut or drill from the exposed or 01045-3 005-23 finished side into concealed surfaces. 3. Cut through concrete and masonry using a cutting machine such as a carborundum saw or diamond core drill. 4. Comply with requirements of applicable sections of Division 2 where cutting and patching requires excavating and backfilling. 5. By-pass utility services such as pipe or conduit, before cutting, where services are shown or required to be removed, relocated or abandoned. Cut-off pipe or conduit in walls or partitions to be removed. Cap, valve or plug and seal the remaining portion of pipe or conduit to prevent entrance of moisture or other foreign matter after by-passing and cutting. C. Patching: Patch with durable seams that are as invisible as possible. Comply with specified tolerances. 1. Where feasible, inspect and test patched areas to demonstrate integrity of the installation. 2. Restore exposed finishes of patched areas and extend finish restoration into retained adjoining construction in a manner that will eliminate evidence of patching and refinishing. 3.4 CLEANING A. Thoroughly clean areas and spaces where cutting and patching is performed or used as access. Remove completely paint, mortar, oils, putty and items of similar nature. Thoroughly clean piping, conduit and similar features before painting or other finishing is applied. Restore damaged pipe covering to its original condition. END OF SECTION 01045 01045-4 005-23 SECTION 01095 REFERENCE STANDARDS AND DEFINITIONS 1 PART 1 -GENERAL 1.1 RELATED DOCUMENTS A. Drawings specifications or other conditions of the contract, apply to this section. 1.2 DEFINITIONS A. General: Basic contract definitions are included in the"Conditions of the Contract". B. Indicated: The term indicated refers to graphic representations, notes, or schedules on the drawings, or other paragraphs or schedules in the specifications, and similar requirements in the contract documents. Terms such as shown, noted, scheduled, and specified are used to help the reader locate the reference. Location is not limited. C. Directed: Terms such as directed, requested, authorized, selected, approved, required, and permitted mean directed by the project manager, requested by the project manager as applicable, and similar phrases. D. Approved: The term approved, when used in conjunction with the architect's action on *the contractor's submittals, applications, and requests, is limited to the architect's duties and responsibilities as stated in the"Conditions of the Contract". E. Regulations: The term regulations includes laws, ordinances, statutes, and lawful orders issued by authorities having jurisdiction, as well as rules, conventions, and agreements within the construction industry that control performance of the work. F. Furnish: The term furnish means supply and deliver to the project site, ready for unloading, unpacking, assembly, installation, and similar operations. G. Install: The term install describes operations at the project site including the actual unloading, unpacking, assembly, erecting, placing, anchoring, applying, working to dimension, finishing, curing, protecting, cleaning, and similar operations. H. Provide: The term "provide" describes furnishing and installing the complete item. I. Installer: An installer is the contractor or another entity engaged by the contractor, either as an employee, subcontractor, or contractor of lower tier, to perform a particular construction activity, including installation, erection, application, and similar operations. Installers are required to be experienced in the operations they are engaged to perform. 1. The term "experienced," when used with the term "installer," means having a minimum of five (5) previous projects similar in size and scope to this project, being familiar with the special requirements indicated, and having complied with requirements of authorities having jurisdiction. 2. Trades: Using terms such as carpentry does not imply that certain construction activities must be performed by accredited or unionized individuals of a corresponding generic name, such as carpenter. It also does not imply that requirements specified apply exclusively to tradespersons of the corresponding generic name. 01095-1 005-23 3. Assigning Specialists: Certain sections of the specifications require that specific construction activities shall be performed by specialists who are recognized experts in those operations. The specialists must be engaged for those activities, and their assignments are requirements over which the contractor has no option. However, the ultimate responsibility for fulfilling contract requirements remains with the contractor. a. This requirement shall not be interpreted to conflict with enforcing building codes and similar regulations governing the work. It is also not intended to interfere with local trade-union jurisdictional settlements and similar conventions. J. Project Site is the space available to the contractor for performing construction activities, or in conjunction with others performing other work as part of the project. The extent of the project site is shown on the drawings and may or may not be identical with the description of the land on which the project is to be built. K. Testing Agencies: A testing agency is an independent entity engaged to perform specific inspections or tests, either at the project site or elsewhere, and to report on and, if required, to interpret results of those inspections or tests. L. Contract Sum: This term and the terms "contract price" and "contract amount" when used in the contract documents shall have the same meaning. M. Milestone: A principal event specified in the contract documents relating to an intermediate completion date or time prior to substantial completion of all the work. N. Procurement Document(s): Procurement documents and the terms procurement products documents and procurement packages, when used in the contract documents, shall have the same meaning. O. Procurement Contracts: This term and the term "procurement contracts"when used in the contract documents shall have the same meaning. P. "Project" or "the Project": The project referred to in the Advertisement for Competitive Sealed Proposals. 1.3 SPECIFICATION FORMAT AND CONTENT EXPLANATION A. Specification Format: These Specifications are organized into divisions and sections based on the Construction Specifications Institute's 16- division format and MASTER FORMAT numbering system. B. Specification Content: This specification uses certain conventions regarding the style of language and the intended meaning of certain terms, words, and phrases when used in particular situations or circumstances. These conventions are explained as follows.. 1. Abbreviated Language: Language used in specifications and other contract documents is abbreviated. Words and meanings shall be interpreted as appropriate. Words implied, but not stated, shall be interpolated as sense requires. Singular words will be interpreted as plural and plural words interpreted as singular where applicable as the context of the contract documents indicates. 01095-2 005-23 2. Imperative and streamlined language is used generally in the specifications. Requirements expressed in the imperative mood are to be performed by the contractor. At certain locations in the text, subjective language is used for clarity to describe responsibilities that must be fulfilled indirectly by the contractor, or by others when so noted. a. The words "shall be" are implied wherever a colon () is used within a sentence or phrase. 1.4 INDUSTRY STANDARDS A. Applicability of Standards: Except where the contract documents include more stringent requirements, applicable construction industry standards have the same force and effect as if bound or copied directly into the contract documents to the extent referenced. Such standards are made a part of the contract documents by reference. B. Publication Dates: Comply with the standards in effect as of the date of receiving competitive sealed proposals. C. Conflicting Requirements: Where compliance with two or more standards is specified and where the standards may establish different or conflicting requirements for minimum quantities or quality levels, refer requirements that are different but apparently equal and uncertainties to the project manager for a decision before proceeding. In general, the more stringent requirement shall apply. 1. Minimum Quantity or Quality Levels: The quantity or quality level shown or specified shall be the minimum provided or performed. The actual installation may comply exactly with the minimum quantity or quality specified, or it may exceed the minimum within reasonable limits. To comply with these requirements, indicated numeric values are minimum or maximum, as appropriate, for the context of the requirements. Refer uncertainties to the project manager for a decision before proceeding. D. Copies of Standards: Each entity engaged in construction on the Project is required to be familiar with industry standards applicable to its construction activity. Copies of applicable standards are not bound with the contract documents. 1. Where copies of standards are needed to perform a required construction activity, the contractor shall obtain copies directly from the publication source. E. Abbreviations of Organizations and Standards 1. References to certain organizations, codes and standards are abbreviated in the contract documents for convenience, and are to be interpreted in accordance with the following list. Abbreviations not listed below may be referred to the project manager for interpretation. AA.....................Aluminum Association AABC................Associated Air Balance Council AAMA...............Architectural Aluminum Manufacturer's Association AAN..................American Association of Nurserymen AASHTO ..........American Association of State Highway and Transportation Officials AATCC.............American Association of Textile Chemists and Colorists ACI ...................American Concrete Institute 01095-3 005-23 ACIL.................American Council of Independent Laboratories ACPA................American Concrete Pipe Assoc. ADC..................Air Diffusion Council AFBMA.............Anti-Friction Bearing Manufacturers AFPA................American Forest and Paper Assoc. AGA..................American Gas Association AGC .................Association of General Contractors AHA..................American Hardboard Assoc. AHAM...............Association of Home Appliance Manufacturers 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 ALI....................Associated Laboratories, Inc. ALSC................American Lumber Standards Committee AMCA...............Air Movement and Control Assoc. ANSI.................American National Standards Institute APA..................American Plywood Association API....................American Petroleum Institute ARI ...................Air-Conditioning and Refrigeration Institute ARMA...............Asphalt Roofing Manufacturers Assoc. ASAHC.............American Society of Architectural Hardware Consultants ASA..................Acoustical Society of America ASC..................Adhesive and Sealant Council ASHRAE...........American Society of Heating, Refrigerating and Air Conditioning Engineers ASLA................American Society of Landscape Architects ASME...............American Society of Mechanical Engineers ASPA................American Sod Producers Assoc. ASIDE................American Society of Plumbing Engineers ASSE................American Society of Sanitary Engineering ASTM...............American Society for Testing Materials ATIS.................Alliance for Telecommunications Industry Solutions AWCMA...........American Window Covering Manufacturers Assoc. (Now WCMA) AWI ..................Architectural Woodwork Institute AWPA...............American Wood Preserver's Association AWS.................American Welding Society AWWA.............American Water Works Assoc. BHMA...............Builders' Hardware Manufacturers Assoc. BIA....................Brick Institute of America BIFMA..............The Business and Institutional Furniture Manufacturer's Association CCC .................Carpet Cushion Council CDA..................Copper Development Association Inc. CFFA................Chemical Fabrics& Film Association, Inc. CGA .................Compressed Gas Assoc. CISCA..............Ceiling and Interior Systems Construction Assoc. CRI...................Carpet and Rug Institute CS....................Commercial Standard, U.S. Department of Commerce CTI ...................Ceramic Tile Institute of America DHI...................Door and Hardware Institute DLPA................Decorative Laminate Products Assoc. EIA....................Electronic Industries Assoc. FCIB.................Floor Covering Installation Board 01095-4 012-05 FGMA...............Flat Glass Marketing Association FM....................Factory Mutual Systems Fed.Spec..........Federal Specification GA....................Gypsum Association HMA.................Hardwood Manufacturers Assoc. HPVA................Hardwood Plywood and Veneer Assoc. IEEE.................Institute of Electrical and Electronic IESNA...............Illuminating Engineering Society of North America IGCC................Insulating Glass Certification Council IS......................Industry Standard, U.S. Department of Commerce LIA....................Lead Industries Association, Inc. MBMA...............Metal Building Manufacturer's Assoc. MCAA...............Mechanical Contractors Association of America MFMA...............Maple Flooring Manufacturers Assoc. MIA...................Marble Institute of America ML/SFA............Metal Lath/Steel Framing Assoc. (A Division of the National Association of Architectural Metal Manufacturers) Mil.Std. .............Military Standard NAAMM............National Association of Architectural Metal Manufacturers NAHM...............National Association of Hardware Manufacturers NBGQA............National Building Granite Quarries Assoc. NBHA...............National Builders Hardware Assoc. (Now DHI) NCMA...............National Concrete Masonry Assoc. NEC..................National Electric Code NEMA...............National Electrical Manufacturers Association NFPA................National Fire Protection Association NFoPA..............National Forest Products Association (Now AFPA) NHLA................National Hardwood Lumber Association NPA..................National Particleboard Assoc. NPCA...............National Paint and Coatings Assoc. NRCA...............National Roofing Contractors Assoc. NSSEA.............National School Supply and Equipment NTMA...............National Terrazzo and Mosaic Assoc. NWMA..............National Woodwork Manufacturers Assoc. (Now NWWDA) NWWDA ..........National Wood Window and Door Assoc. OSHA...............Occupational Safety and Health Administration PCA..................Portland Cement Assoc. PCI ...................Precast/Prestressed Concrete Institute PS.....................Product Standard, U.S. Department of Commerce RFCI.................Resilient Floor Covering Institute RMA.................Rubber Manufacturers Assoc. SDI ...................Steel Deck Institute SDI ...................Steel Door Institute SGCC...............Safety Glazing Certification Council SIGMA..............Sealed Insulating Glass Manufacturers Assoc. SJI....................Steel Joist Institute SMA..................Screen Manufacturers Assoc. SMACNA..........Sheet Metal and Air Conditioning Contractors National Association SSPC................Steel Structures Painting Council TCA..................Tile Council of America TPI....................Truss Plate Institute UL.....................Underwriters Laboratories, Inc. WA...................Wallcoverings Assoc. WCLIB..............West Coast Lumber Inspection Bureau SCMA...............Window Covering Manufacturers Assoc. 01095-5 012-05 WWPA.............Western Wood Products Association 2. Technical Abbreviations: Certain technical terms and material identifications are abbreviated in the contract documents for convenience. Abbreviations legends appear on the drawings in various locations for most terms used, but where the meaning of an abbreviation is not clear consult with the project manager for interpretation. END OF SECTION 01095 01095-6 012-05 SECTION 01100 SPECIAL PROJECT PROCEDURES 1 PART 1 -GENERAL 1.1 RELATED DOCUMENTS A. Drawings Specifications or other conditions of the contract, apply to this section 1.2 PUBLISHED REGULATIONS A. The Contractor shall at all times abide by the published City ordinance, regulations, laws, etc. of the Owner and all amendments, including those that may be issued during the duration of the Contract. Particular attention is called to those regulations pertaining to circulation, noise, sanitation, safety and behavior. 1.3 OUTAGES A. When required during any occupancy of the buildings by the Owner, utility and service outages shall be kept to a minimum and will be permitted only with written advance approval of the Owner and/or Project Manager. Outages that will, in the opinion of the Owner and/or the Project Manager, severely affect building occupants must be completed during off-hours or on weekends or holidays at no additional cost to the Owner. Work on off-hours, weekends and/or holidays shall comply with the Owner's policies and the City of Round Rock ordinances and comply with any special permits as issued by the City of Round Rock. B. Contractor shall give sufficient advance notice to the Project Manager and/or the Owner of a requirement for utility outages to permit Owner to make necessary arrangements with those affected. All requests for outages shall be made in writing to the Project Manager a minimum of seven (7) calendar days in advance of the interruption in service. Service outages (electrical, water, sewerage, telephone, N cable, gas, or any other public or private utility serving the Owner's property) shall not be interrupted during normal business hours. In the event the Work requires disruption of service(s), the Contractor shall schedule this work for non-business hours at no additional cost to the Owner. C. Necessary utility and service outages affecting off-site properties and persons shall be arranged with the related utilities and public authorities at the sole expense of the Contractor. D. Requests for outages will not be considered unless they include an identification of all areas which will be affected by the proposed outage. Temporary generator power will be used to maintain kitchen storage and refrigerators/freezers. E. Contractor shall be responsible for all costs of the Owner arising from outages occurring without approval of the Owner, including accidental outages. 1.4 MAINTENANCE OF BUILDING SECURITY A. The Contractor shall make every effort to maintain the security of the existing building. The Contractor shall cooperate with the Owner in particularly sensitive areas where security and special safeguards are required. 01100-1 005-23 1.5 PROTECTIVE NIGHT LIGHTING A. The Contractor shall provide adequate outdoor lighting to illuminate security zones, staging, stockpiles, trenches, projections, and the like, with the intent of protecting the materials and construction from vandalism, theft, and to protect the public from injury and property damage. Such lighting shall be in addition to temporary power and lighting required under the Temporary Facilities Section. Cost for installing protective night lighting shall be included in the Contractor's contract price for the work. 1.6 PUMPING AND DRAINING A. The Contractor shall take over the responsibility for site drainage in areas under his control upon entering the premises and shall maintain such drainage during the life of this Contract as approved by the Owner and/or Project Manager, and so as not to adversely affect the adjacent areas. B. Legally remove by pumping, draining or bailing any water which may accumulate or be found on the site within the contract limits where excavating and grading are to be done, whether from snow, rain, surface flow, springs, ground water, backing-up of drains or sewers, or from any other cause, always, and under any circumstances and contingencies that may arise. Form all pump wells, sumps, dams, flumes or other necessary works to keep trenches and excavations entirely clear of water. The Contractor shall have at all times upon the site, sufficient and satisfactory pumping machinery. Pump wells or well points and underdrains as may be required, shall be provided where needed to properly handle the water. The final trimming excavation shall not be done until dewatering means are in place and in operation. C. Water from trenches and excavations shall be disposed of in accordance with applicable law so as to not cause injury to public health nor to public or private property, nor to the existing work or to the work completed or in progress, nor to the surfaces of roads, walks, and streets, nor cause any interference with the use of the same by the public. D. Newly made and existing concrete and masonry shall be protected from injury resulting from dewatering work by protective coverings. 1.7 BROKEN GLASS A. The Contractor shall be responsible for all broken, cracked, and/or scratched glass (new and existing) damaged during the construction period and shall replace all such defective glass before final acceptance. 1.8 HOURS OF WORK A. The contractor, in preparing all schedules and in undertaking all work, shall respect the following time restrictions: 1. Monday to Saturday-7:OOAM to 7:OOPM-Holidays excluded. 2. All work schedules are subject to City of Round Rock ordinances. 3. Other time as requested and approved by the project manager. 01100-2 005-23 1.9 72 Hours prior to commencing onsite excavation work, the awarded contractor shall contact: A. 1-800- DIG-TEST B. Failure to contact the above agency and pay these staking costs shall deem the contractor fully liable for all repair cost. 1.10 EMERGENCY PHONE CONTACT LIST A. Each contractor shall provide an emergency phone number contact list for their firm and all subcontractors. List to be kept current during the entire construction period. Initial list to be submitted within 15 days of contract award. END OF SECTION 01100 01100-3 005-23 SECTION 01120 ALTERATIONS TO EXISTING CONSTRUCTION 1 PART 1 -GENERAL 1.1 RELATED DOCUMENTS A. Drawings Specification or other conditions of the contract, apply to this section. 1.2 ALTERATIONS A. This Section describes coordination between the demolition, stabilization and restoration, and finishes of the work of this Contract. B. Cutting, fitting and patching of all existing and new construction as required for the work of all trades is specifically required to be performed by the Contractor, or subcontractor(s) selected by the Contractor as most appropriately responsible for the material or assembly to be altered, as required for the proper execution of the work of all trades. C. Preparation of existing surfaces to receive finishes to be applied under various Sections of the Specification is described herein. It is the responsibility of the Contractor to ensure that this preparation is properly completed prior to application of finishes under such other Sections. 1.3 RELATED WORK SPECIFIED IN OTHER SECTIONS A. Principal classifications of work related to the work of this Section are specified to be performed under the other Sections of the Specifications. Refer to the Sections for description of the extent and nature of the indicated work, and for coordination with related trades. It is the responsibility of the Contractor to fully coordinate the work of this Section with that of all other trades to complete the work contained within the contract documents (contract, contract drawings and specifications). 1.4 INTENT A. It is the intent of this Section to require close coordination between operations involving the removal and modification of various portions of the existing structure and operations applying new construction and finishes to the structure. Coordination is required to ensure proper fit between the several parts of the work, without damage to existing construction to remain, resulting in substantial construction and systems that are fully operational in accordance with the Contract Documents. In addition, this coordination is particularly important in this Project for the preservation and restoration of portions of the building having historical significance. This coordination is the responsibility of the General Contractor for this Contract. It is the intent of this Section that to the extent it is inconsistent with any other terms and provisions of the Contract Documents, the Contractor and/or Subcontractors shall provide the better quality or greater quantity of work. 1.5 DEMOLITION A. Demolition operations shall be performed under the Selective Demolition and Site Demolition Sections, as applicable, subject to provisions herein. B. Contractor shall be responsible for all shoring, bracing and other support and 01120-1 005-23 protection of existing construction and new work required to maintain integrity of existing structure and work in progress during all demolition operations. Include all platforms, barriers, weather protection, lighting, warning signs, and all other means necessary for proper protection of property, personnel, the public and other construction. Designate individuals responsible for the supervision and coordination of this protective work who have appropriate training and experience to whom the Owner, Project Manager make no objection. C. Plan and carry out demolition operations with utmost care to prevent excessive vibration, settlement or other structural damage, or damage to existing finish materials to remain. D. Protect the work against fire, including setting and enforcing safety rules in the operation of welding and cutting torches and other heat-producing equipment and activities, and maintaining fire protection equipment. Consult with the Owner and local fire officials regarding required protection and procedures. 1.6 PREPARATION AND CLEANING OF EXISTING SURFACES A. Prepare and clean existing surfaces to remain as required for installation of new materials, equipment and finishes specified in other specification sections. B. For all surfaces scheduled or otherwise indicated to be refinished, clean off materials such as old paint, rust, adhesive, dirt, oil, wax, sealers and all other materials that would prevent proper adhesion of new finish materials, or would bleed through, texture or otherwise adversely affect the new finish. Clean existing surfaces to receive new finishes thoroughly, removing all soilage and applied material, of whatever nature, that would impair bond of new finish to such surface, or would show through new finishes as a different color or texture than other surfaces of the same type. C. Use scrapers, brushes, sanding, wire pads, detergents, chemical cleaning solutions, solvents, light sand blasting, or other materials and equipment appropriate for surfaces being cleaned. Use all materials in strict conformance to the manufacturer's instructions and recommendations. Dispose of all cleaning solutions and/or solvents in accordance with applicable law. Maintain Material Safety Data Sheets (MSDS) onsite for all products being used onsite in accordance with OSHA regulations. 1. Do not sand blast exposed to view masonry. 2. Surfaces to receive paint finishes shall be cleaned to meet requirements of paint materials applied, and shall be smooth and even in appearance and to touch. Sand and feather all paint edges to eliminate visible layering or chipping related to multiple coats of paint. It is not required that all adherent paint or other existing finish be removed completely, so long as surfaces are in proper condition to receive new finish to satisfaction of the Project Manager. D. Submit proposed cleaning materials, and methods proposed for their use, to Project Manager for review before proceeding. Clean test areas for Project Manager's review before proceeding with complete cleaning operations. E. After cleaning is completed, brush or rinse surfaces to remove cleaning agents or residue, and leave surfaces ready for installation of new finishes. F. In addition to preparation work specified above, clean existing finished surfaces that will remain exposed-to-view and unaltered in the finished work. END OF SECTION 01120 01120-2 005-23 SECTION 01200 PROJECT MEETINGS PART 1 -GENERAL 1.1 RELATED DOCUMENTS A. Drawings Specification or other conditions of the contract, apply to this section. 1.2 SUMMARY A. This Section specifies administrative and procedural requirements for project meetings including but not limited to: 1. Pre-Construction Conference. 2. Pre-Installation Conferences( If determined necessary by Program Manager). 3. Coordination Meetings(If determined necessary by Program Manager). 4. Progress Meetings. B. Construction schedules are specified in another Section. 1.3 PRE-CONSTRUCTION CONFERENCE A. The Program Manager shall schedule a pre-construction conference and organizational meeting at the Project site or other convenient location no later than 10 days after execution of the Agreement or issuance of the Notice to Proceed, whichever is later, for the Work and shall conduct the meeting to review responsibilities and personnel assignments. B. Attendees: The Owner, Program Manager, Architect and their consultants as required, the Contractor and its superintendent, major subcontractors, and other concerned parties shall each be represented at the conference by persons familiar with and authorized to conclude matters relating to the Work. C. Agenda: Discuss items of significance that could affect progress including such topics as: 1. Tentative construction schedule. 2. Critical Work sequencing. 3. Designation of responsible personnel. 4. Procedures for processing field decisions and Change Orders. 5. Procedures for processing Applications for Payment. 6. Distribution of Contract Documents. 7. Submittal of Shop Drawings, Product Data and Samples. 8. Preparation of record documents. 9. Use of the premises. 10. Office, Work and storage areas. 11. Equipment deliveries and priorities. 12. Safety procedures, ASAP and Site Safety Manager Responsibilities 13. First aid. 14. Security. 15. Housekeeping. 16. Working hours. 17. Labor harmony 18. Coordination/Responsibilities of any Assigned Contracts D. The Program Manager shall record significant discussions, and agreements of the conference and distribute the minutes of the meeting to everyone concerned within 3 days of the meeting. 01200-1 005-23 1.4 PRE-INSTALLATION CONFERENCES (If Necessary) A. The Contractor and Program Manager shall conduct a pre-installation conference at the site before each major construction activity that requires coordination with other construction. The Contractor, installer and representatives of manufacturers and fabricators involved in or affected by the installation, and its coordination or integration with other materials and installations that have preceded or will follow, shall attend the meeting. The Contractor shall be prepared to discuss in detail the impact of the items noted "Item 1." Below. 1. The Program Manager shall review the progress of other construction activities and preparations for the particular activity under consideration at each pre-installation conference, including requirements such as: a. Contract Documents. b. Shop Drawings, Product Data and quality control Samples. C. Possible conflicts. d. Compatibility problems. e. Time schedules. f. Weather limitations. g. Manufacturer's recommendations. h. Compatibility of materials. i. Acceptability of substrates. j. Temporary facilities. k. Space and access limitations. I. Governing regulations. M. Safety. n. Inspection and testing requirements. o. Required performance results. p. Recording requirements. q. Protection. 2. The Contractor shall record significant discussions and agreements and disagreements of each conference, along with the approved schedule, and distribute the record of the meeting to everyone concerned, within 3 days, including the owner, program manager and architect. 1.5 COORDINATION MEETINGS (If Necessary) A. The Program Manager may conduct Project Coordination Meetings at regularly scheduled times convenient for all parties involved. Project coordination meetings are in addition to specific meetings held for other purposes, such as regular progress meetings and special pre-installation meetings. B. The Program Manager may request representation at each meeting by every party currently involved in coordination or planning for the construction activities involved. C. The Contractor will record meeting results and distribute copies to everyone in attendance and to others affected by decisions or actions resulting from each meeting. 1.6 WEEKLY PROGRESS MEETINGS (Frequency determined by Program Manager) A. The Program Manager shall also conduct weekly progress meetings at the Project Site. B. Agenda: The Program Manager shall review and correct or approve minutes of the previous weekly progress meeting and review other items of significance that could affect progress. Topics for discussion shall be included as appropriate to the current status of the Project. 1. Safety issues on the project 01200-2 005-23 2. Contractor's Construction Schedule: The Contractor shall specifically address those critical areas of concern where immediate action by the Contractor is required. The Contractor shall review progress since the last meeting, determine where each activity is in relation to the Contractor's Construction Schedule, whether on time or ahead or behind schedule, determine how construction behind schedule will be expedited, and discuss whether schedule revisions are required to ensure that current and subsequent activities will be completed within the Contract Time. 3. The Program Manager may review such items as: a. Interface requirements. b. Time. C. Sequences. d. Deliveries e. Off-site fabrication problems. f. Access. g. Site utilization. h. Temporary facilities and services. i. Hours of Work. j. Hazards and risks. k. Housekeeping. I. Quality and Work standards. M. Change Orders. n. Documentation of information for payment requests. o. Outstanding Requests for Information P. Outstanding Shop Drawings & Submittals q. Labor issues C. Reporting: The Contractor shall distribute copies of minutes of the meeting to each party present and to other parties as deemed necessary by the Owner and/or Program Manager within 3 days of the meeting in a format acceptable to the program manager. PART 2- PRODUCTS Not Applicable PART 3- EXECUTION Not Applicable END OF SECTION 01200 01200-3 005-23 SECTION 01300 SUBMITTALS 1 PART 1 -GENERAL 1.1 RELATED DOCUMENTS A. Drawings Specification or other conditions of the contract, apply to this section. 1.2 SUMMARY A. This Section specifies administrative and procedural requirements for submittals required for performance of the Work, including: 1. Contractor's staging plan 2. Contractor's safety plan 3. Submittal schedule 4. Daily construction reports 5. Shop drawings 6. Product data 7. Samples 8. Applications for payment B. Administrative Submittals: Refer to other Sections or other Contract Documents for requirements for administrative submittals. Such submittals include, but are not limited to: 1. Permits 2. Schedule of Values and Projected Cash Flow Analysis 3. Applications for payment 4. Performance and payment bonds 5. Insurance certificates 6. List of subcontractors and suppliers. 7. ROCIP enrollment 8. Certified payroll records 9. Hub/Small/Local Business Program C. Inspection and test reports are included in Section 01400, Quality Control Services. 1.3 SUBMITTAL PROCEDURES 01300-1 005-23 A. Coordination: Coordinate preparation and processing of submittals with performance of construction activities. Transmit each submittal sufficiently in advance of performance of related construction activities to avoid delay. 1. Coordinate each submittal with fabrication, purchasing, testing, delivery, other submittals and related activities that require sequential activity. 2. Coordinate transmittal of different types of submittals for related elements of the Work so processing will not be delayed by the need to review submittals concurrently for coordination. a. The Project Manager reserves the right to withhold action on a submittal requiring coordination with other submittals until related submittals are received. 3. Processing: Allow sufficient review time so that installation will not be delayed as a result of the time required to process submittals, including time for resubmittals. a. In general, the Architect will complete the review process within ten (10) business days after receipt of the submittal, shop drawing, product data, sample, etc. from the Contractor. Time associated with delivery of the submittals from the respective parties is not included in the ten (10) business days. Submittals will be processed in a timely fashion. b. No extension of Contract Time will be authorized because of failure to transmit submittals to the Project Manager sufficiently in advance of the Work to permit processing. B. Submittal Preparation: Place a permanent label or title block on each submittal for identification. Indicate the name of the entity that prepared each submittal on the label or title block. 1. Provide a space approximately 4" x 5" on the label or beside the title block on Shop Drawings to record the Contractor's review and approval markings and the action taken. 2. Include the following information on the label for processing and recording action taken. a. Project name. b. Date. c. Name and address of Owner. d. Name and address of Contractor. e. Number and title of appropriate Specification Section. f. Drawing number and detail references, as appropriate. C. Submittal Transmittal: Package each submittal appropriately for transmittal and handling. Transmit each submittal from Contractor to the Project Manager using a transmittal form approved by the Project Manager. Submittals received from sources 01300-2 005-23 other than the Contractor will be returned without action. 1. On the transmittal, record relevant information and requests for data. On the form, or separate sheet, record deviations from Contract Document requirements, including minor variations and limitations. Include Contractor's certification that information complies with Contract Document requirements. 2. Transmittal Form: Use a transmittal form acceptable to the Project Manager. 1.4 CONTRACTOR'S STAGING PLAN A. At the Pre-construction Conference, submit a staging plan for each site, indicating such information as the following: 1. Location of Field Office(s). 2. Entrances and exits to each Site that will be used. 3. Location of construction employee parking. 4. Primary locations of major equipment and working areas. 1.5 CONTRACTOR'S CONSTRUCTION SCHEDULE A. General: Prepare a CPM Construction Schedule using the network analysis diagram system known as the Critical Path Method (CPM). 1. Proceed with preparation of the network diagram immediately following notification of Contract award. 2. Conduct educational workshops as required to train and inform key project personnel, including subcontractors' personnel, in proper methods of providing data and using CPM schedule information. 3. Establish procedures for monitoring and updating the CPM schedule and for reporting progress; coordinate procedures with progress meeting and payment request dates. Use"five working days"as the unit of time. a. Each submittal shall be in both hard copy and on computer disk. 1.6 DAILY CONSTRUCTION REPORTS A. Prepare a daily construction report, recording the following information concerning events at the site; and submit duplicate copies to the Project Manager at monthly intervals: 1. List of subcontractors at the site. 2. Approximate count of personnel at the site, by subcontractor and/or trade classification. 3. High and low temperatures, general weather conditions. 4. Accidents and unusual events. 5. Meetings and significant decisions. 01300-3 005-23 6. Stoppages, delays, shortages, losses. 7. Orders and requests of governing authorities. 8. Services connected, disconnected. 9. Equipment or system tests and start-ups. 10. Partial Completion, occupancies. 11. Substantial Completion authorized. B. Form of daily report shall be approved by Project Manager. 1.7 SUBMITTAL/SHOP DRAWINGS/PRODUCT DATA/SAMPLES A. Within 10 calendar days after signing the Agreement, prepare and submit for the Project Manager, a schedule of all submittals, shop drawings, product data and samples required to be submitted for the Work. The schedule shall indicate by trade the date by which final approval of each item must be obtained, and shall be revised as required by conditions of work, subject to the Project Manager's approval. B. Submit newly prepared information, drawn to accurate scale. Highlight, encircle, or otherwise indicate deviations from the Contract Documents. Do not reproduce Contract Documents or copy standard information as the basis of Shop Drawings. Standard information prepared without specific reference to the Project is not considered Shop Drawings. C. Shop Drawings include fabrication and installation drawings, setting diagrams, schedules, patterns, templates and similar drawings. Include the following information: 1. Dimensions. 2. Identification of products and materials included. 3. Compliance with specified standards. 4. Notation of coordination requirements. 5. Notation of dimensions established by field measurement. 6. Sheet Size: Except for templates, patterns and similar full- size Drawings, submit Shop Drawings on sheets at least 8-1/2" x 11" but no larger than 36" x 48". 7. Submittal: Submit 1 reproducible transparency and 2 blueline prints or 6 copies for the Architect's review; reproducible transparency or 4 copies will be returned. a. Reproduce reviewed transparency and distribute to applicable parties. b. One print shall be maintained by Contractor as a"Record Document". c. Submit one copy of all approved shop drawing or submittals to the Project Manager. 01300-4 005-23 8. Do not use Shop Drawings without an appropriate final stamp indicating action taken in connection with construction. 9. Sample Submittals-Except for Samples illustrating assembly details, workmanship, fabrication techniques, connections, operation and similar characteristics, submit 3 sets; one will be returned marked with the action taken. D. Coordination drawings are a special type of drawing that show the relationship and integration of different construction elements that require careful coordination during fabrication or installation to fit in the space provided or function as intended. 1. Project Coordination shall include components previously shown in detail on Shop Drawings or Product Data. 2. Submit coordination Drawings for integration of different construction elements. Show sequences and relationships of separate components to avoid conflicts in use of space. 1.8 ARCHITECT'S ACTION A. Except for submittals for record, information or similar purposes, where action and return is required or requested, the Architect will review each submittal, mark to indicate action taken, and return promptly. 1. Compliance with specified characteristics is the Contractor's responsibility. B. Action Stamp: The Architect will stamp each submittal with a uniform, self-explanatory action stamp. The stamp will be appropriately marked. 1. Review stamp will indicate the following: a. "Approved" or "No Exceptions Taken" - Contractor may proceed with work as submittal b. "Approved as Noted" or "Exceptions Noted" - Contractor may proceed with work as noted by Architect c. "Revise — Resubmit" - Contractor to revise submittal and resubmit based on Architect's review comments d. "Rejected — Resubmit" - Contractor to resubmit entire submittal as it does not comply with Contract Documents 1.9 REPETITIVE REVIEW A. Shop drawings, product data and samples submitted for each item, will be reviewed no more than two times at Owner's expense. Substitution requests by the Contractor after the initial submittal is approved will be reviewed by the Architect at times convenient to the Architect and costs for additional review shall be borne by the Contractor and will not exceed $600.00 per review. Submitted shop drawings, product data and samples failing to comply with Contract requirements will be performed at times convenient to the Architect and at the Contractor's expense, based upon a flat rate of $95.00 per hour not to exceed $600.00 per each subsequent resubmittal. Contractor shall reimburse Owner for additional submittal reviews (above the two (2) per each submittal) and Owner reserves the right to deduct said reimbursement from 01300-5 005-23 Contractor's monthly application for payment (progress payment). B. Need for resubmission of shop drawings, or delay in obtaining Architect's review of submittals, shall not entitle Contractor to an extension of Contract Time nor increase Contract Price, nor shall it become the basis for a"Damages for Delay" claim. 1.10 COLORS AND FINISHES A. Project Manager will prepare a master color schedule indicating required color, finish, pattern, material, texture, and other pertinent information in connection with interior and exterior finishes. B. To facilitate preparation of such schedule, Contractor shall submit, within thirty (30) calendar days following date of Award of Contract, unless otherwise extended by Owner and/or Project Manager, names of manufacturers whose products he proposes to use within framework of Specifications, whenever color, finish, pattern, texture, or other related information is a consideration, e.g., paint, ceramic tile, resilient flooring, acoustical ceiling tile, toilet partitions, and other items for which the above properties affect design. C. Submit color chips for all items having color unless otherwise directed or approved by Project Manager. Upon expiration of such 30-day period, Project Manager will proceed with color selection and preparation of final color schedule. D. Project Manager will select colors and finishes of a manufacturer within framework of Specifications, for each item where Contractor fails to submit name of a specific manufacturer within allotted time, and Contractor shall provide such materials without additional compensation. 1.11 APPLICATION FOR PAYMENT A. The contractor will submit all payment applications on the Estimate for Partial Payment with the Contractor's Representative's Statement provided by the Project Manager (4 each with original signatures)to the Project Manager for payment. B. The application for payment must have the following attachments for the Project Manager to process the application: 1. Certified payrolls for the previous months on site labor for the contractor and all subcontractors. 2. Detailed Schedule of Values with costs divided. 3. Time Extension Request form. 4. Updated CPM schedule 2 PART 2- PRODUCTS Not Applicable 3 PART 3- EXECUTION Not Applicable END OF SECTION 01300 01300-6 005-23 SECTION 01400 QUALITY CONTROL SERVICES 1 PART 1 -GENERAL 1.1 RELATED DOCUMENTS A. Drawings specification or other conditions of the contract, apply to this section 1.2 SUMMARY A. This Section specifies administrative and procedural requirements for quality control services. B. Quality control services include inspections and tests and related actions including reports, performed by independent agencies, governing authorities, and the Contractor. They do not include Contract enforcement activities performed by the Architect or Project Manager. C. Inspection and testing services are required to verify compliance with requirements specified or indicated. These services do not relieve the Contractor of responsibility for compliance with Contract Document requirements. D. Requirements of this Section relate to customized fabrication and installation procedures, not production of standard products. 1. Specific quality control requirements for individual construction activities are specified in the Sections that specify those activities. Those requirements, including inspections and tests, cover production of standard products as well as customized fabrication and installation procedures. 2. Inspections, test and related actions specified are not intended to limit the Contractor's quality control procedures that facilitate compliance with Contract Document requirements. 3. Requirements for the Contractor to provide quality control services required by the Architect, Owner, or authorities having jurisdiction are not limited by provisions of this Section. 1.3 RESPONSIBILITIES A. Contractor Responsibilities: The Contractor shall provide inspections, tests and similar quality control services, specified in individual Specification Sections and required by governing authorities, except where they are specifically indicated to be the Owner's responsibility, or are provided by another identified entity. Costs for these services shall be included in the Contract Sum. 1. The Owner will engage the services of an Independent Testing Laboratory to perform inspections and tests specified as the Owner's responsibilities. Payment for these services will be made by the Owner. a. Where the Owner has engaged a testing agency or other entity for testing and inspection of a part of the Work, and the Contractor is also required to engage an entity for the same or related element, the Contractor shall not employ the entity engaged by the Owner, unless otherwise agreed in writing 01400-1 005-23 with the Owner. 2. Retesting: The Contractor is responsible for retesting where results of required inspections, tests or similar services prove unsatisfactory and do not indicate compliance with Contract Document requirements, regardless of whether the original test was the Contractor's responsibility. a. Cost of retesting construction revised or replaced by the Contractor is the Contractor's responsibility, where required tests were performed on original construction. 3. Associated Services: The Contractor shall cooperate with agencies performing required inspections, tests and similar services and provide reasonable auxiliary services as requested. Notify the agency sufficiently in advance of operations to permit assignment of personnel. Auxiliary services required include but are not limited to: a. Providing access to the Work and furnishing incidental labor and facilities necessary to facilitate inspections and tests. b. Taking adequate quantities of representative samples of materials that require testing or assisting the agency in taking samples. c. Providing protection and facilities for storage (curing boxes w/heat and cooling, if needed, etc.) and curing of test samples (in accordance with ASTM or ACI requirements for specific items being tested), and delivery of samples to testing laboratories. d. Providing the agency with a preliminary design mix proposed for use for materials mixes that require control by the testing agency. e. Security and protection of samples and test equipment at the Project site. 4. Notification: The Contractor shall notify the Project Manager in writing on forms provided by the Project Manager at least 24 hours prior to the requested inspection or testing services being requested. The Owner will endeavor to have its testing consultant accommodate all requests for inspection and testing. The Contractor agrees to complete the work in a quality manner in accordance with the Contract Documents and failure of the Owner to take steps necessary for testing and inspection shall in no way affect the Contractor's obligation to complete the Work in accordance with the Contract Documents. B. Owner Responsibilities: The Owner will provide inspections, tests and similar quality control services specified to be performed by independent agencies and not by the Contractor, except where they are specifically indicated as the Contractor's responsibility or are provided by another identified entity. Costs for these services are not included in the Contract Sum. 1. The Owner will employ and pay for the services of an independent agency, testing laboratory or other qualified firm to perform services which are the Owner's responsibility. C. Duties of the Testing Agency: The independent testing agency engaged to perform inspections, sampling and testing of materials and construction specified in individual Specification Sections shall cooperate with the Architect and Contractor in performance of its duties, and shall provide qualified personnel to perform required 01400-2 005-23 inspections and tests. 1. The agency shall notify the Project Manager, Architect and Contractor promptly of irregularities or deficiencies observed in the Work during performance of its services. 2. The agency is not authorized to release, revoke, alter or enlarge requirements of the Contract Documents, or approve or accept any portion of the Work. 3. The agency shall not perform any duties of the Contractor. D. Coordination: The Contractor and each agency engaged to perform inspections, tests and similar services shall coordinate the sequence of activities to accommodate required services with a minimum of delay. In addition the Contractor and each agency shall coordinate activities to avoid the necessity of removing and replacing construction to accommodate inspections and tests. 1. The Contractor is responsible for scheduling times for inspections, tests, taking samples and similar activities. 1.4 SUBMITTALS A. The independent testing agency shall submit a certified written report of each inspection, test or similar service, to the Project Manager and the Architect, in duplicate, unless the Contractor is responsible for the service. If the Contractor is responsible for the service, submit a certified written report of each inspection, test or similar service through the Contractor, in duplicate to the Project Manager and Architect. 1. Submit additional copies of each written report directly to the governing authority, when the authority so directs. 2. Report Data: Written reports of each inspection, test or similar service shall include, but not be limited to: a. Date of issue. b. Project title and number. c. Name, address and telephone number of testing agency. d. Dates and locations of samples and tests or inspections. e. Names of individuals making the inspection or test. f. Designation of the Work and test method. g. Identification of product and Specification Section. h. Complete inspection or test data. i. Test results and an interpretations of test results. j. Ambient conditions at the time of sample-taking and testing. k. Comments or professional opinion as to whether inspected or tested Work 01400-3 005-23 complies with Contract Document requirements. I. Name and signature of laboratory inspector. m. Recommendations on retesting. 1.5 QUALITY ASSURANCE A. Qualification for Service Agencies: Engage inspection and testing service agencies, including independent testing laboratories, which are qualified as complying with "Recommended Requirements for Independent Laboratory Qualification" by the American Council of Independent Laboratories, and which specialize in the types of inspections and tests to be performed. 1. Each independent inspection and testing agency engaged on the Project shall be authorized by authorities having jurisdiction to operate in the State in which the Project is located. 2 PART 2-PRODUCTS Not Applicable 3 PART 3-EXECUTION 3.1 REPAIR AND PROTECTION A. General: Upon completion of inspection, testing, sample-taking and similar services, repair damaged construction and restore substrates and finishes to eliminate deficiencies, including deficiencies in visual qualities of exposed finishes. Comply with Contract Document requirements for"Cutting and Patching." B. Protect construction exposed by or for quality control service activities, and protect repaired construction. C. Repair and protection is the Contractor's responsibility, regardless of the assignment of responsibility for inspection, testing or similar services. END OF SECTION 01400 01400-4 005-23 SECTION 01500 TEMPORARY FACILITIES 1 PART 1-GENERAL 1.1 RELATED DOCUMENTS A. Drawings Specification or other conditions of the contract, apply to this section. 1.2 SUMMARY A. This Section specifies requirements for temporary services and facilities, including utilities, construction and support facilities, security and protection. B. Temporary utilities required include, but are not limited to, as applicable: 1. Water service and distribution. 2. Temporary electric power and light. 3. Telephone service. 4. Storm and sanitary sewer. C. Temporary construction and support facilities required include, but are not limited to, as applicable: 1. Temporary heat or air conditioning 2. Field offices and storage sheds. 3. Temporary roads. 4. Sanitary facilities, including drinking water. 5. Temporary enclosures. 6. Waste disposal services. 7. Rodent and pest control. 8. Construction aids and miscellaneous services and facilities. D. Security and protection facilities required include, but are not limited to, as applicable: 1. Temporary fire protection. 2. Barricades, warning signs, lights. 3. Temporary fence as indicated. 4. Environmental protection. 5. Site Security as deemed necessary by the Contractor to protect the Owner's interest and materials from vandalism, fire, theft, etc. 01500-1 005-23 6. Protection of persons and property in school during construction operations. 1.3 SUBMITTALS A. Temporary Utilities: Submit reports of tests, inspections, meter readings and similar procedures performed on temporary utilities. B. Implementation and Termination Schedule: Submit a schedule indicating implementation and termination of each temporary utility within 15 days of the date established for commencement of the Work. 1.4 QUALITY ASSURANCE A. Regulations: Comply with industry standards and applicable laws and regulations if authorities having jurisdiction, including but not limited to: 1. Building Code requirements. 2. Health and safety regulations. 3. Utility company regulations. 4. Police, Fire Department and Rescue Squad rules. 5. Environmental protection regulations. B. Standards: Comply with NFPA Code 241, "Building Construction and Demolition Operations", ANSI-A10 Series standards for "Safety Requirements for Construction and Demolition", and NECA Electrical Design Library"Temporary Electrical Facilities." 1. Refer to "Guidelines for Bid Conditions for Temporary Job Utilities and Services", prepared jointly by AGC and ASC, for industry recommendations. 2. Electrical Service: Comply with NEMA, NECA and UL standards and regulations for temporary electric service. Install service in compliance with National Electric Code (NFPA 70). C. Inspections: Arrange for authorities having jurisdiction to inspect and test each temporary utility before use. Obtain required certifications and permits. 1.5 PROJECT CONDITIONS A. Temporary Utilities: Prepare a schedule indicating dates for implementation and termination of each temporary utility. At the earliest feasible time, when acceptable to the Owner, change over from use of temporary service to use of the permanent service. B. Conditions of Use: Keep temporary services and facilities clean and neat in appearance. Operate in a safe and efficient manner. Take necessary fire prevention measures. Do not overload facilities, or permit them to interfere with progress. Do not allow hazardous dangerous or unsanitary conditions, or public nuisances to develop or persist on the site. C. Streets, paving, curbs and sidewalks damaged as a result of work under this Contract, whether within or outside limits of the Work, shall be repaired or replaced with new 01500-2 005-23 matching construction in a manner satisfactory to Owner, Project Manager and authorities having jurisdiction. D. Where existing curbs or walks are to remain, or after new curbs or walks are constructed and trucking is required over them, they shall be suitably protected in an approved manner. Damage that can be attributed to the Contractor's operations will be rectified (repaired, replaced) at no additional expense to the Owner. E. Clean and maintain streets and sidewalks free of construction-generated dirt, mud, water, and construction debris at all times. Employ a street sweeper if needed to clean and maintain streets in a condition acceptable to the Owner and the City of Round Rock. In the event street sweeping is required by the Owner, Project Manager, and/or the City of Round Rock, cost for said work shall be the responsibility of the Contractor. F. Trenching and other work outside construction limits shall be expedited to the fullest and carried out with minimum of inconvenience to normal operations of Owner and public traffic. Walks, paved or landscaped areas over which temporary driveways cross shall, upon completion of the Work, be restored to their original condition with new construction. G. Do not permit materials and fabricated work to be stacked on, or be transported over, floor and roof construction in such a manner as to stress any construction beyond the designed live loads. Assume full responsibility for protection and safekeeping of products stored on premises. Obtain and pay for use of additional storage or work areas needed for operations. Limit use of site to work and storage. H. Do not store foamed polystyrene, polyurethane or like materials within the building. Storage of such materials outside building shall be with proper precautionary measures taken against fire. 1.6 PROTECTION OF SEWERS A. Take adequate measures to prevent impairment of operations of existing sewer systems. B. Prevent construction material, earth and other debris from entering sewer and sewer structure. C. Repair and restore damages to existing sewers caused by construction activities. 1.7 PROTECTION OF AIR QUALITY A. Air pollution shall be minimized by wetting down bare soils during windy periods; properly operating combustion emission control devices on construction vehicles and equipment; and by shutdown of motorized equipment not actually in use. B. Any asphalt work will use the C.I.S. Test in environmental and emission controls for kettles or equipment. 1.8 NOISE AND DUST CONTROL A. Conduct construction operations so as to cause least annoyance to school occupants, 01500-3 005-23 residents in vicinity of construction operation and comply with all applicable laws. B. Equip construction equipment with mechanical devices, provided with barriers or shields, and operated so as to minimize noise and dust. C. Equip compressors with silencers on intake lines. D. Equip internal combustion engines with silencers or mufflers on exhaust lines. E. Line storage bins and hoppers with material that will deaden sounds. F. Provide positive methods and apply dust control materials to minimize raising dust from construction operations, and provide positive means to prevent airborne dust from dispersing into the atmosphere. G. Review school schedules with the principal to determine when noise will affect school operations, such as testing, training, etc. 2 PART 2 - PRODUCTS 2.1 MATERIALS A. General: Provide new materials; if acceptable to the Project Manager, undamaged previously used materials in serviceable condition may be used. Provide materials suitable for the use intended. B. Water: Provide potable water approved by local health authorities. Contractor shall be responsible for arranging for and paying for all costs associated with use of water from the City of Round Rock. C. Open-Mesh Fencing: Provide 11-gage, galvanized 2-inch, chain link fabric fencing 6-feet high and galvanized steel pipe posts, 1-1/2" I.D. for line posts or top rail and 2-1/2" I.D. for corner posts. 2.2 EQUIPMENT A. General: Provide new equipment; if acceptable to the Project Manager, undamaged, previously used equipment in serviceable condition may be used. Provide equipment suitable for use intended. B. Water Hoses: Provide 3/4" heavy-duty, abrasion-resistant, flexible rubber hoses 100 ft. long, with pressure rating greater than the maximum pressure of the water distribution system; provide adjustable shut-off nozzles at hose discharge. C. Electrical Outlets: Provide properly configured NEMA polarized outlets to prevent insertion of 110-120 volt plugs into higher voltage outlets. Provide receptacle outlets equipped with ground-fault circuit interrupters, reset button and pilot light, for connection of power tools and equipment. D. Electrical Power Cords: Provide grounded extension cords; use "hard-service" cords where exposed to abrasion and traffic. Provide waterproof connectors to connect separate lengths of electric cords, if single lengths will not reach areas where construction activities are in progress. E. Lamps and Light Fixtures: Provide general service incandescent lamps of wattage required for adequate illumination. Provide guard cages or tempered glass 01500-4 005-23 enclosures, where exposed to breakage. Provide exterior fixtures where exposed to moisture. F. Heating Units: Provide temporary heating units that have been tested and labeled by UL, FM or another recognized trade association related to the type of fuel being consumed. G. Temporary Offices: Provide prefabricated or mobile units or similar job-built construction with lockable entrances, operable windows and serviceable finishes. Provide heated and air-conditioned units on foundations adequate for normal loading. Not applicable for this project. H. Temporary Toilet Units: Provide self-contained single-occupant toilet units of the chemical, aerated recirculation, or combustion type, properly vented and fully enclosed with a glass fiber reinforced polyester shell or similar nonabsorbent material. Clean out on a regular basis (weekly). I. First-Aid Supplies: Comply with governing regulations. J. Fire Extinguishers: Provide hand-carried, portable UL-rated, class "A" fire extinguishers for temporary offices and similar spaces. In other locations provide hand-carried, portable, UL-rated, class "ABC" dry chemical extinguishers, or a combination of extinguishers of NFPA recommended classes for the exposures. 2.3 Comply with NFPA 10 and 241 for classification, extinguishing agent and size required by location and class of fire exposure. 3 PART 3- EXECUTION 3.1 INSTALLATION A. Use qualified personnel for installation of temporary facilities. Locate facilities where they will serve the Project adequately and result in minimum interference with performance of the Work. Relocate and modify facilities as required. B. Provide each facility ready for use when needed to avoid delay. Maintain and modify as required. Do not remove until facilities are no longer needed, or are replaced by authorized use of completed permanent facilities. 3.2 TEMPORARY UTILITY INSTALLATION A. General: Engage the appropriate local utility company to install temporary service or connect to existing service. Where the company provides only part of the service, provide the remainder with matching, compatible materials and equipment; comply with the company's recommendations. 1. Arrange with the company and existing users for a time when service can be interrupted, where necessary, to make connections for temporary services. In the event the Contractor needs to re-route, modify the Owner's utility service in order to complete the work, the Contractor shall coordinate the "outage" with the Owner and/or Project Manager and shall pay all costs associated with the work. Work shall be completed at times that will pose little, if any impact on the Owner's daily operations. 2. Provide adequate capacity at each stage of construction. Prior to temporary utility availability, provide trucked-in services. 01500-5 005-23 3. Obtain easements to bring temporary utilities to the site, where the Owner's easements cannot be used for that purpose. 4. Use Charges: Cost or use charges for temporary facilities are not chargeable to the Owner or Project Manager and will not be accepted as a basis of claims for a Change Order. B. Water Service: Install water service and distribution piping of sizes and pressures adequate for construction until permanent water service is in use. 1. Sterilization: Sterilize temporary water piping prior to use. 2. Arrange water service and billing through City of Round Rock. C. Temporary Electric Power Service: Provide weatherproof, grounded electric power service and distribution system of sufficient size, capacity, and power characteristics during construction period. Include meters, transformers, overload protected disconnects, automatic ground-fault interrupters and main distribution switch gear. 1. Power Distribution System: Install wiring overhead, and rise vertically where least exposed to damage. Where permitted, wiring circuits not exceeding 125 Volts, AC 20 ampere rating, and lighting circuits may be nonmetallic sheathed cable where overhead and exposed for surveillance. D. Temporary Lighting: Whenever overhead floor or roof deck has been installed, provide temporary lighting with local switching. 1. Install and operate temporary lighting that will fulfill security and protection requirements, without operating the entire system, and will provide adequate illumination for construction operations and traffic conditions. E. Temporary Telephones: Provide temporary telephone service for all personnel engaged in construction activities, throughout the construction period. Install telephone on a separate line for each temporary office and first-aid station. 1. At each telephone, post a list of important telephone numbers. F. Sewers and Drainage: If sewers are available, provide temporary connections to remove effluent that can be discharged lawfully. If neither sewers nor drainage facilities can be lawfully used for discharge of effluent, provide containers to remove and dispose of effluent off the site in a lawful manner. 1. Filter out soil, construction debris, chemicals, oils and similar contaminants. 2. Connect temporary sewers to the municipal system as directed by the sewer department officials. 3. Maintain temporary sewers and drainage facilities in a clean, sanitary condition. Following heavy use, restore normal conditions promptly. G. Provide earthen embankments and similar barriers in and around excavations and subgrade construction, sufficient to prevent flooding by runoff of storm water from heavy rains, snow and ice melt-off. 1. Dispose of drainage water in a manner to prevent flooding, erosion, and other 01500-6 005-23 damage to any portion of the site and to adjoining areas. Comply with all regulations associated with control of storm water run-off from construction sites in accordance with all Federal, State and local regulations. 2. Prepare plan from site plan as approved by the City of Round Rock. 3.3 TEMPORARY CONSTRUCTION AND SUPPORT FACILITIES INSTALLATION A. Locate field offices, storage sheds, sanitary facilities and other temporary construction and support facilities for easy access. 1. Maintain temporary construction and support facilities until near Substantial Completion. Remove prior to Substantial Completion. Personnel remaining after Substantial Completion will be permitted to use permanent facilities, under conditions acceptable to and approved by the Owner and/or Project Manager in writing. B. Provide incombustible construction for offices, shops and sheds located within the construction area, or within 30 feet of building lines. Comply with requirements of NFPA 241. C. Temporary Heat or Air Conditioning: Provide temporary heat or air conditioning as required by construction activities, for curing or drying of completed installations or protection of installed construction from adverse effects of low temperatures or high humidity. Select safe equipment that will not have a harmful effect on completed installations or elements being installed. Coordinate ventilation requirements to produce the ambient condition required and minimize consumption of energy. D. Heating Facilities: Except where use of the permanent system is authorized, provide vented self-contained LP gas or fuel oil heaters with individual space thermostatic control. 1. Use of gasoline-burning space heaters, open flame, and salamander type heating units is prohibited. 2. Contractor shall furnish adequate heat from November 1 to March 31 as required by applicable local, State and Federal regulations. E. Field Offices: Provide insulated, weather tight temporary offices of sufficient size to accommodate required office personnel at the Project site. Keep the office clean and orderly for use for small progress meetings. 1. Relocate facilities as required to complete Project. F. Storage and Fabrication Sheds: Install storage and fabrication sheds as required, sized, furnished and equipped to accommodate materials and equipment involved, including temporary utility service. Sheds may be open shelters or fully enclosed spaces within the building or elsewhere on the site. 1. Relocate facilities as required to complete Project. G. Temporary Roads: Construct and maintain temporary roads as required. Contractor shall maintain roads to allow for movement of construction traffic during the course of construction. Dust control shall be maintained at all times by the Contractor. Resuface temporary roads as required in order to maintain access or as directed by the Project Manager. Costs for temporary road maintenance shall be borne by the 01500-7 005-23 Contractor. H. Sanitary facilities include temporary toilets and drinking water fixtures. Comply with regulations and health codes for the type, number, location, operation and maintenance of fixtures and facilities. Install where facilities will best serve the Project's needs. 1. Provide toilet tissue, paper towels, paper cups and similar disposable materials for each facility. Provide covered waste containers for used material. 2. Provide separate facilities for male and female employees. I. Toilets: Install self-contained toilet units. Shield toilets to ensure privacy. Use of pit-type privies will not be permitted. J. Temporary Enclosures: Provide temporary enclosure for protection of construction in progress and completed, from exposure, foul weather, other construction operations and similar activities. 1. Where heat is needed and the permanent building enclosure is not complete, provide temporary enclosures where there is no other provision for containment of heat. Coordinate enclosure with ventilating and material drying or curing requirements to avoid dangerous conditions and effects. 2. Install tarpaulins securely, with incombustible wood framing and other materials. Close openings of 25 square feet or less with plywood or similar materials. K. Project Identification and Temporary Signs: 1. Provide temporary signs for interruption of any adjacent streets as required. 2. Contractor signage shall be permitted onsite as approved by the Project Manager. L. Collection and Disposal of Waste: Collect waste from construction areas and elsewhere daily. Comply with requirements of NFPA 241 for removal of combustible waste material and debris. Enforce requirements strictly. Do not hold materials more than 7 days during normal weather or 3 days when the temperature is expected to rise above 80 deg F (27 deg C). Handle hazardous, dangerous, or unsanitary waste materials separately from other waste by containerizing properly. Dispose of material in a lawful manner. Comply with City of Austin regulations, pay all permit fees associated with dumpsters onsite (if required by City of Round Rock). M. Rodent and Pest Control: To perform extermination and pest control procedures at regular intervals, as required so the Project will be free of pests (rodents, vermin and insects, etc.) and their residues during construction activities and at Substantial Completion. Perform prior to any demolition activities preventive pest control operations. Perform ongoing preventive pest control operations throughout the life of the Project. Perform immediately upon any evidence of pests additional pest control operations. All pest control operations shall be accomplished in a lawful manner using environmentally safe materials at no additional cost to the Owner. N. Adjacent Streets: Clean and repair adjacent streets as required due to construction operations. 1. This includes removal of debris, dirt, trash, etc. 01500-8 005-23 O. Pumping and Drainage: Keep site utility lines, sewers, manholes, and excavations free from water. Perform all other pumping to keep the site free from water. P. Whenever gale of high winds are forecast, take proper measurements to secure all loose material, equipment or other items which could blow about and be damaged or cause damage to other work. No such loose items shall be left unsecured at end of working day. Particular attention shall be taken with scaffolding and items placed or stored on roofs or within the structure prior to being enclosed. Q. Contractor shall shore and brace all trenches as required by applicable Texas laws and regulations relating thereto. 3.4 SECURITY AND PROTECTION FACILITIES INSTALLATION A. Temporary Fire Protection: Until fire protection needs are supplied by permanent facilities, install and maintain temporary fire protection facilities of the types needed to protect against reasonably predictable and controllable fire losses. Comply with NFPA 10 "Standard for Portable Fire Extinguishers," and NFPA 241 "Standard for Safeguarding Construction, Alterations and Demolition Operations." 1. Locate fire extinguishers where convenient and effective for their intended purpose, but not less than one extinguisher on each floor at or near each usable stairwell. Quantity of fire extinguishers shall be determined by local, State and Federal regulations. 2. Store combustible materials in containers in fire-safe locations. 3. Maintain unobstructed access to fire extinguishers, fire hydrants, temporary fire protection facilities, stairways and other access routes for fighting fires. Prohibit smoking in hazardous fire exposure areas. 4. Provide supervision of welding operations, combustion type temporary heating units, and similar sources of fire ignition. Provide flash screens during welding operations to project persons and property. B. Barricades, Warning Signs and Lights: Comply with standards and code requirements for erection of structurally adequate barricades. Paint with appropriate colors, graphics and warning signs to inform personnel and the public of the hazard being protected against. Where appropriate and needed provide lighting, including flashing red or amber lights. C. Enclosure Fence: Prior to commencement of on-site activities, install an enclosure fence with lockable entrance gates. Locate where indicated on Construction Document. Install in a manner that will prevent people, dogs and other animals from easily entering the site, except by the entrance gates. 1. Provide 6-0" high open-mesh, chain-link fencing with posts set in a compacted mixture of gravel and earth. Existing site fencing may be utilized if it meets the before mentioned criteria in height and security, subject to approval by the Owner and/or Project Manager. 2. Site fencing shall remain in place 24 hours per day in good working condition. Breaches in the fencing shall be repaired immediately. All access gates shall be maintained and locked during all non-work hours. Fencing that is required to be removed to complete the work, shall be reinstalled at the end of each day to 01500-9 005-23 ensure the site is protected at all times. In the event sections of fencing must be removed, the Contractor shall sequence the work to ensure that all breaches/openings can be secured at the end of each day. The Contractor will be permitted to install temporary site fencing at no additional cost to the Owner to ensure the perimeter fencing is installed to protect the site and no breaches exist prior to installation of permanent fencing. D. Security Enclosure and Lockup: Install substantial temporary enclosure of partially completed areas of construction. Provide locking entrances to prevent unauthorized entrance, vandalism, theft and similar violations of security. 1. Provide uniformed guard service to provide watchmen at site during all non- working hours as deemed necessary to protect the site from vandalism, theft and similar violations of security. The Contractor shall be responsible for coordinating this service and shall pay all costs associated with retaining security services onsite. The Owner retains the right to invoke this provision in order to protect the Owner's interest. In the event the Owner requires the Contractor to implement "guard service" all cost for "guard service" shall be borne by the Contractor. 2. Storage: Where materials and equipment must be stored, and are of value or attractive for theft, provide a secure lockup. Enforce discipline in connection with the installation and release of material to minimize the opportunity for theft and vandalism. E. Environmental Protection: Provide protection, operate temporary facilities and conduct construction in ways and by methods that comply with environmental regulations, and minimize the possibility that air, waterways and subsoil might be contaminated or polluted, or that other undesirable effects might result. Avoid use of tools and equipment which produce harmful noise and dust. Restrict use of noise making tools and equipment to hours that will minimize complaints from school occupant, persons or firms near the site. Restrict all Work activities to normal working hours as defined by the Owner and/or the City of Round Rock. 3.5 OPERATION, TERMINATION AND REMOVAL A. Supervision: Enforce strict discipline in use of temporary facilities. Limit availability of temporary facilities to essential and intended uses to minimize waste and abuse. B. Maintenance: Maintain facilities in good operating condition until removal. Protect from damage by freezing temperatures and similar elements. 1. Maintain operation of temporary enclosures, heating, cooling, humidity control, ventilation and similar facilities on a 24-hour day basis where required to achieve indicated results and to avoid possibility of damage. 2. Protection: Prevent water filled piping from freezing. Maintain markers for underground lines. Protect from damage during excavation operations. C. Termination and Removal: Remove each temporary facility when the need has ended, or when replaced by authorized use of a permanent facility, or no later than Substantial Completion. Complete or, if necessary, restore permanent construction that may have been delayed because of interference with the temporary facility. Repair damaged Work, clean exposed surfaces and replace construction that cannot be satisfactorily repaired. 01500-10 005-23 1. Materials and facilities that constitute temporary facilities are property of the Contractor. The Owner reserves the right to take possession of Project identification signs. 2. Remove temporary roads/paving that is not intended for or acceptable for integration into permanent paving. Where the area is intended for landscape development, remove soil and aggregate fill that does not comply with requirements for fill or subsoil in the area. Remove materials contaminated with road oil, asphalt and other petrochemical compounds, and other substances which might impair growth of plant materials or lawns. Repair or replace street paving, curbs and sidewalks at the temporary entrances, as required by the governing authority. 3. At Substantial Completion, clean and renovate permanent facilities that have been used during the construction period. 3.6 PROTECTION OF INSTALLED WORK A. Protect installed Work and provide special protection where specified in individual Specification Sections. B. Provide temporary and removable protection for installed Products. Control activity in immediate work area to minimize damage. C. Provide protective coverings at walls, projections,jambs, sills, and soffits of openings. D. Protect finished floors, stairs, and other surfaces from traffic, dirt, wear, damage, or movement of heavy objects, by protecting with durable sheet materials. E. Prohibit traffic or storage upon waterproofed or roofed surfaces. If traffic or activity is necessary, obtain recommendations for protection from waterproofing or roofing material manufacturer. F. Prohibit traffic from landscaped areas. 3.7 EXISTING UTILITIES A. Immediately repair any active existing utility lines (cables, conduit, ducts, and piping), damaged during the course of construction, except where such lines are to be abandoned. Protect and maintain such active existing utilities in use, until relocation of same has been completed or utilities have been cut, capped, or prepared for new service connections, as applicable. Perform such repair and protection work at no additional cost to the Owner. B. If any existing active utility not indicated on the Drawings is unintentionally damaged, and such utility is to remain, immediately repair the damage and restore the utility to its original integrity. Reimbursement of cost for performing such repair will be made by an adjustment in the Contract Price at rates determined by the Project Manager. C. Any adjustment as outlined above shall be based on the assumption that the Contractor has performed in a prudent manner at the time such damage occurred. If extra expense is incurred in protecting and maintaining any utility line not shown on the Drawings, an adjustment in the Contract Price will be made. D. If it becomes necessary to interrupt power, water line or other utilities to adjacent buildings, notify Owner at least four(4) days in advance. Schedule such interruptions 01500-11 005-23 before or after school hours or at such other times as will minimize disruption and inconvenience to users. 3.8 NOISE CONTROL A. Develop and maintain a noise-abatement program and enforce strict discipline over all personnel to keep noise to a minimum. Submit program to Project Manager for review. B. Execute construction work by methods and by use of equipment which will reduce noise and which will provide minimum interference with on-going school activities. 1. Employ construction methods and equipment which will produce the minimum amount of noise. 2. Equip air compressors with silencers, and power equipment with mufflers. 3. Handle vehicular traffic and scheduling to reduce noise. C. Do not allow radio and electronic entertainment equipment to be operated onsite unless approved by Project Manager. This applies to all Contractors and subcontractors (regardless of tier classification). 3.9 DUST CONTROL A. Maintain the construction site, stockpiles, access, detour, and haul roads, staging and parking area used for the Work, free of dust which would cause a hazard or a nuisance to those at the site or adjacent residential and commercial areas. B. Provide positive methods and apply dust control materials to minimize raising dust from construction operations, and provide positive means to prevent airborne dust from dispersing into the atmosphere. C. Furnish, erect, and maintain for the duration of the work period, temporary fire- retardant dustproof coverings and partitions as required to prevent the spread of dust beyond the immediate area where work is being performed. D. When construction activities generate dust (airborne particles, etc.) provide adequate means to control and minimize dust impact on school environment, construction activities and abutting neighborhood. Control dust by use of water hoses, water trucks, fencing, sweeping streets, washing down vehicles prior to leaving the site, etc. Project Manager shall retain right to require reasonable additional dust control measures be undertaken by Contractor at no additional cost to the Owner. E. These provisions do not supersede any specific requirements for methods of construction or applicable general conditions set forth elsewhere in the Contract with regard to performance obligations of the Contractor. 3.10 DEBRIS CONTROL AND REMOVAL OF RUBBISH A. Provide at least one tightly built chute serving each level which shall lead down to angle offset and sliding panel chute at a convenient loading point for trucks or dumpsters. B. Do not permit any material to be thrown from the windows of the building or the roof. 01500-12 005-23 C. Immediately after unpacking, all packing materials, case lumber, excelsior, wrapping and other rubbish, flammable and otherwise, shall be collected and removed from the building and premises. D. Initiate and maintain a specific program to prevent the accumulation of debris at the construction site, storage and parking areas, or along access road and haul routes: 1. Provide containers for deposit of debris and schedule periodic collection and disposal of debris as specified in CLOSEOUT PROCEDURES Section. 2. Prohibit overloading of trucks to prevent spillage on access and haul routes. 3.11 POLLUTION CONTROL A. Provide methods, means and facilities required to prevent contamination of soil, water and atmosphere by the discharge of noxious substances from construction operations. B. Provide equipment and personnel, perform emergency measures required to contain any spillage, and to remove contaminated soils or liquids. Excavate and dispose of contaminated earth in accordance with the Excavated Materials Management Plan (EMMP) outlined in Division 2 of the Contract Documents and replace with suitable uncontaminated compacted fill and topsoil. C. Take special measures to prevent harmful substances from entering public waters. Prevent disposal of wastes, effluents, chemicals, or other such substances adjacent to streams or in sanitary or storm waters. D. Provide systems for control of atmospheric pollutants. Prevent toxic concentrations of chemicals. Prevent harmful dispersal of pollutants into the atmosphere. 3.12 PROGRESS PHOTOGRAPHS A. No progress photos will be required by the contractor 3.13 EXISTING CONDITIONS VIDEO A. Contractor to record existing conditions of the site and building prior to construction. B. Provide one copy for the owner and one copy for the contractor. 3.14 HOISTING OPERATIONS A. Hoisting operations shall not occur over existing school building and school grounds while these facilities and areas are occupied. The Contractor shall coordinate time restrictions with the Owner. B. Traffic on streets and sidewalks within perimeter of hoisting operations shall be temporarily restricted while hoisting operations are occurring over these areas. The Contractor shall coordinate and comply with all City of Round Rock requirements and other requirements of applicable law. C. Restriction of hoisting operations shall include swing area of hoist. 01500-13 005-23 3.15 PROTECTION OF EXISTING FACILITIES A. Protection for Existing Facilities 1. Provide, erect, and maintain temporary barriers. 2. Protect existing landscaping materials, appurtenances and structures which are adjacent to construction operations. 3. Conduct construction operations to minimize interference with adjacent structure and occupants. 4. Cease operations immediately if adjacent structures appear to be in danger. Do not resume operations until adequate protection is provided. 5. Conduct operations with minimum interference to public or private accesses. Maintain egress and access at all times. 6. Do not close or obstruct egress on adjacent public streets surrounding the site. 7. Ensure safe passage of persons to occupied facilities. Conduct operations to prevent damage to adjacent buildings, structures, and other facilities and injury to persons. a. Provide temporary barricades and other forms of protection to protect Owner's personnel, students and general public from injury due to construction operations. 8. Utility Services: a. Maintain existing utilities serving existing building and protect against damage during construction operations. b. Do not interrupt existing utilities serving occupied school building, Program Management Consultant field offices or adjacent facilities, except when authorized in writing by the Owner, Project Manager, and/or other authorities having jurisdiction. Provide temporary services during interruptions to existing utilities, as acceptable to governing authorities. Costs for temporary utilities shall be borne by the Contractor. 9. Flame Cutting and Welding Operations: a. Protect adjacent surfaces from damage resulting from flame cutting and welding operations. b. Shield occupants in adjacent building from personal injury caused by welding operations. 10. Where construction operations occur immediately adjacent to adjacent occupied building, construct solid partitions to protect adjacent building, occupants and personal property from damage resulting from construction operations and to keep occupants from entering construction area(s). 11. Remove protections at completion of work. 01500-14 005-23 12. Damage caused to adjacent facilities, buildings, infrastructure, etc. by construction operations shall be promptly repaired to maintain facilities' structural integrity and weather tightness at no additional cost to the Owner. 13. Occupancy: Owner will occupy existing school buildings during the course of construction. Work onsite will not be permitted until the Owner vacates the building and the Contractor is issued a Notice to Proceed for specific onsite work. The Contractor shall obtain the Owner's prior approval of the Contractor's work schedule and the Contractor shall adjust its work schedule at the Owner's request to assist in minimizing the impact of the construction of the Project on the adjacent facility (including performance and completion of work during off hours, if required by the Owner). The Contractor agrees that, consistent with safe and reasonable construction practices, it shall limit the performance and locations of progress on the Work as detailed in the Contract Documents, including, but not limited to technical specifications and drawings. Such limitations on the performance and locations of progress on the work shall include, but not be limited to: the performance of work in a limited area(s) at any one time; the use of dust barriers such as polyethylene or similar material(s) taped over windows and ventilation intake ducts; and the construction of temporary ventilation duct work, as necessary, to ensure that the ventilation system is not contaminated with dust, machinery exhaust, fumes from solvent adhesives or sprayed-on materials, among other materials, and that such ventilation is at a level adequate to insure the comfort of students, employees and others in the adjacent school building. Notwithstanding any provisions of this Paragraph 3.15 to the contrary, the Contractor recognizes and understands that the Owner requires that the Work be substantially complete on the date established in the Contract Documents. The Contractor agrees that adjustments in its work schedule or operations at the Owner's request to assist in minimizing the impact of the construction of the Project on the adjacent facility shall not alter the time-frame for Substantial Completion of the Work or portions thereof as established in the Contract Documents. The Contractor also agrees to incorporate a provision in each Subcontract requiring each Subcontractor to comply with the requirements of this Paragraph 3.13. 14. Clean adjacent structure and improvements of dust, dirt, and debris caused by construction operations. Return adjacent areas to condition existing prior to start of work. 15. Provide protective measures as required to provide free and safe passage of Owner's personnel during construction. 16. Protect from damage exterior envelope of existing building(s). a. Promptly repair damage caused by construction operations. END OF SECTION 01500 01500-15 005-23 SECTION 01600 MATERIAL AND EQUIPMENT PART1 GENERAL 1.01 SECTION INCLUDES A. Products. B. Transportation and handling. C. Storage and protection. 1.02 RELATED SECTIONS A. Section 01400-Quality Control: Services 1.03 PRODUCTS A. Products: Means new material, machinery, components, equipment, fixtures, and systems forming the Work. Does not include machinery and equipment used for preparation, fabrication, conveying and erection of the Work. Products may also include existing materials or components required for reuse. B. Do not use materials and equipment removed from existing premises, except as specifically permitted by the Contract Documents. C. Provide interchangeable components of the same manufacturer, for similar components. 1.04 TRANSPORTATION AND HANDLING A. Transport and handle products in accordance with manufacturer's instructions. B. Promptly inspect shipments to assure that products comply with requirements, quantities are correct, and products are undamaged. C. Provide equipment and personnel to handle products by methods to prevent soiling, disfigurement, or damage. 1.05 STORAGE AND PROTECTION A. Store and protect products in accordance with manufacturer's instructions, with seals and labels intact and legible. Store sensitive products in weather-tight, climate controlled enclosures. B. For exterior storage of fabricated products, place on sloped supports, above ground. 01600-1 005-23 i C. Provide off-site storage and protection when site does not permit on-site storage or protection. D. Cover products subject to deterioration with impervious sheet covering. Provide ventilation to avoid condensation. E. Store loose granular materials on solid flat surfaces in a well-drained area. Provide mixing with foreign matter. F. Provide equipment and personnel to store products by methods to prevent soiling, disfigurement, or damage. G. Arrange storage of products to permit access for inspection. Periodically inspect to assure products are undamaged and are maintained under specified conditions. END OF SECTION 01600 01600-2 005-23 SECTION 01631 PRODUCT SUBSTITUTIONS 1 PART 1 -GENERAL 1.1 RELATED DOCUMENTS A. Drawings Specification or other conditions of the contract, apply to this section. 1.2 SUMMARY A. This Section specifies administrative and procedural requirements for handling requests for substitutions made after award of the Contract. B. The Contractor's Construction Schedule and the Schedule of Submittals are included under Section 01300, Submittals. C. Standards: Refer to Section 01095, Reference Standards and Definitions for applicability of industry standards to products specified. D. The Contractor's submittal and Architect's acceptance of Shop Drawings, Product Data or Samples that relate to construction activities not complying with the Contract Documents does not constitute an acceptable or valid request for substitution, nor does it constitute approval. 1.3 DEFINITIONS A. Definitions used in this Article are not intended to change or modify the meaning of other terms used in the Contract Documents. B. Substitutions: Requests for changes in products, materials, equipment, and methods of construction required by Contract Documents proposed by the Contractor after award of the Contract are considered requests for "substitutions." The following are not considered substitutions: 1. Requests by Bidders for acceptance of their products or systems during the bidding period, and accepted prior to award of Contract, by Addendum, are considered as included in the Contract Documents and are not subject to requirements specified in this Section for substitutions. 2. Revisions to Contract Documents requested by the Owner or Project Manager. 3. Specified options of products and construction methods included in Contract Documents. 4. The Contractor's determination of and compliance with governing regulations and orders issued by governing authorities. 1.4 SUBMITTALS A. Substitution Request Submittal: 1. Submit, within 30 days of award of Contract, three (3) copies of each request for substitution for consideration. Submit requests on a Substitution Request Form attached as an exhibit and in accordance with procedures required for Change 01631-1 005-23 Order proposals. 2. Identify the product, or the fabrication or installation method to be replaced in each request. Include related Specification Section and Drawing numbers. Provide complete documentation showing compliance with the requirements for substitutions, and the following information, as appropriate: a. Product Data, including Drawings and descriptions of products, fabrication and installation procedures. b. Samples, where applicable or requested. c. A detailed comparison of significant qualities of the proposed substitution with those of the Work specified. Significant qualities may include elements such as size, weight, durability, performance and visual effect. d. Coordination information, including a list of changes or modifications needed to other parts of the Work and to construction performed by the Owner and separate Contractors, that will become necessary to accommodate the proposed substitution. e. A statement indicating the substitution's effect on the Contractor's Construction Schedule compared to the schedule without approval of the substitution. Indicate the effect of the proposed substitution on overall Contract Time. f. Cost information, including a proposal of the net change, if any in the Contract Sum. g. Certification by the Contractor that the substitution proposed is equal-to or better in every significant respect to that required by the Contract Documents, and that it will perform adequately in the application indicated. Include the Contractor's waiver of rights to additional payment or time, that may subsequently become necessary because of the failure of the substitution to perform adequately. 3. Architect's Action: Within 2 weeks of receipt of the request for substitution, the Architect will request additional information or documentation necessary for evaluation of the request. Within 2 weeks of receipt of the request, or one week of receipt of the additional information or documentation, which ever is later, the Architect will notify the Contractor of acceptance or rejection of the proposed substitution. If a decision on use of a proposed substitute cannot be made or obtained within the time allocated, use the product specified by name. Acceptance will be in the form of a Change Order. 2 PART2- PRODUCTS Not Applicable 3 PART 3- EXECUTION Not Applicable END OF SECTION 01631 01631-2 005-23 SECTION 01700 CONTRACT CLOSEOUT 1 PART 1 - GENERAL 1.1 SECTION INCLUDES A. Closeout procedures. B. Final cleaning. C. Adjusting. D. Project record documents. E. Operation and maintenance data. F. Warranties. G. Spare parts and maintenance materials. 1.2 RELATED SECTIONS A. Division 15—Starting of systems: System start-up, testing, adjusting, and balancing. B. Section 01730—Operation and maintenance data. 1.3 CLOSEOUT PROCEDURES A. Submit written certification that contract documents have been reviewed, work has been inspected, and that work is complete in accordance with contract documents and ready for Project Manager and A/E inspection. B. Provide submittals to Architect/Engineer and Owner that are required by governing or other authorities. C. Submit final Application for Payment identifying total adjusted contract sum, previous payments, and sum remaining due. 1.4 FINAL CLEANING A. Execute final cleaning prior to final inspection. B. Clean interior and exterior glass and surfaces exposed to view; remove temporary labels, stains and foreign substances, polish transparent and glossy surfaces. Vacuum carpeted and soft surfaces. C. Clean equipment and fixtures to a sanitary condition. D. Replace filters of operating equipment as noted in Division 15. E. Clean debris from roofs, gutters, downspout, and drainage systems. F. Clean site; sweep paved areas, rake clean landscaped surfaces. 01700-1 005-23 G. Remove waste and surplus materials, rubbish, and construction facilities from the site. 1.5 ADJUSTING A. Adjust operating products and equipment to ensure smooth and unhindered operation. 1.6 PROJECT RECORD DOCUMENTS A. Maintain on site, one set of the following record documents,; record actual revisions to the work: 1. Contract drawings. 2. Specifications. 3. Addenda. 4. Change Orders and other modifications to the contract. 5. Reviewed shop drawings, product data, and samples. B. Store Record Documents separate from documents used for construction. C. Record information concurrent with construction progress. D. Specifications: Legibly mark and record at each product section description of actual products installed, including the following: 1. Manufacturer's name and product model and number. 2. Product substitutions or alternatives utilized. 3. Changes made by addenda and modifications. E. Record documents and shop drawings: Legibly mark each item to record actual construction including: 1. Measured depths of foundations in relation to finish main floor datum. 2. Measured horizontal and vertical locations of underground utilities and appurtenances, referenced to permanent surface improvements. 3. Measured locations of internal utilities and appurtenances concealed in construction, referenced to visible and accessible features of the work. 4. Field changes of dimension and detail. 5. Details not on original contract drawings. F. Submit documents to Architect/Engineer for review and for upgrade of electronic media (additional services to A/E contract). 1.7 OPERATION AND MAINTENANCE DATA A. Provided as noted in Section 01730. 01700-2 005-23 1.8 WARRANTIES A. Provide notarized copies. B. Execute and assemble documents from subcontractors, suppliers, and manufacturers. C. Provide table of contents and assemble in three ring binder with durable plastic cover. D. Submit prior to final application for payment. E. For items of work delayed beyond date of substantial completion, provide updated submittal listing date of acceptance as start of warranty period. 1.9 SPARE PARTS AND MAINTENANCE MATERIALS A. Provide products, spare parts, maintenance and extra materials in quantities specified in individual specification section. B. Deliver to project site and place in location as directed, obtain receipt prior to final payment. 2 PART 1 - PRODUCTS Not Applicable 3 PART 2- EXECUTION Not Applicable END OF SECTION 01700-3 005-23 SECTION 01701 CONTRACT CLOSEOUT PROCEDURES 1 PART 1 —GENERAL 1.1 REQUIREMENTS INCLUDED A. Administrative provisions for substantial completion and for final acceptance. 1.2 RELATED REQUIREMENTS A. Document 00400—General conditions: Fiscal provisions, and additional administrative requirements. B. Section 01035— Project procedures Owner occupancy. C. Section 01700—Contract closeout: 01710—Final cleaning. D. Section 01700—Contract closeout: Project record documents. E. Section 01730- Contract closeout—Operation and maintenance data. F. Section 01700- Contract closeout: Warranties and bonds. G. Section 01700—Contract closeout: Spare parts and maintenance materials. 1.3 SUBSTANTIAL COMPLETION A. When contractor considers work or designated portion of work is substantially complete, submit written notice with list of items to be completed or corrected. B. Should Architect/Engineer or Project Manager inspection find work is not substantially complete, he will promptly notify contractor in writing, listing observed deficiencies. C. Contractor shall remedy deficiencies and send a second written notice of substantial completion. D. When Architect/Engineer and Project Manager finds work is substantially complete he will prepare a certificate of substantial completion in accordance with provisions of general conditions. 1.4 FINAL COMPLETION A. When contractor considers work is complete, submit written certification: 1. Contract documents have been reviewed. 2. Work has been inspected for compliance with contract documents. 3. Work has been completed in accordance with contract documents, and deficiencies listed with certificate of substantial completion have been corrected. 4. Equipment and systems have been tested, adjusted, and balanced, and are fully operational. 01701-1 005-23 5. Operation of systems has been demonstrated to Owner's personnel. 6. Work is complete and ready for final inspection. B. Should Architect/Engineer or Project Manager inspection find work incomplete, he will promptly notify contractor in writing listing observed deficiencies. C. Contractor shall remedy deficiencies and send a second certification of final completion. D. When Architect/Engineer and Project Manager finds work is complete, he will consider closeout submittals. 1.5 CLOSEOUT SUBMITTALS A. Evidence of compliance with requirements of governing authorities: 1. Certificate of occupancy 2. Certificates of inspection required for mechanical and electrical systems. B. Project record documents: Under provisions of Section 01700. C. Operation and maintenance data: Under provisions of Section 01730. D. Warranties and bonds: Under provisions of Section 01700 E. Spare parts and maintenance materials: Under provisions of Section 01700 F. Keys and keying schedule: Under provisions of Section 08710. G. Evidence of payment and release of liens: In accordance with conditions of the contract. H. Consent of surety of final payment. I. Certificates of insurance for products and completed operations: In accordance with supplementary conditions. 1.6 APPLICATION FOR FINAL PAYMENT A. Submit application for final payment in accordance with provisions of conditions of the contract. 2 PART 2- PRODUCTS Not Applicable 3 PART 3-EXECUTION Not Applicable END OF SECTION 01701 01701-2 005-23 SECTION 01710 FINAL CLEANING 1 PART 1 —GENERAL 1.1 REQUIREMENTS INCLUDED A. Final cleaning of project. 1.2 RELATED REQUIREMENTS A. Document 00700—General conditions: Cleaning up. B. Section 01700—Contract closeout: closeout procedures. C. Individual specification sections: Specific cleaning for product or work. 1.3 DESCRIPTION A. Execute cleaning prior to inspection for substantial completion of each designated portion of the work. 2 PART 2- PRODUCTS 2.1 CLEANING MATERIALS A. Use materials which will not create hazards to health or property, and which will not damage surfaces. B. Use only materials and methods recommended by manufacturer of material being cleaned. 3 PART 3—EXECUTION 3.1 CLEANING A. In addition to removal of debris and cleaning specified in other sections, clean inferior and exterior exposed-to-view surfaces. B. Remove temporary protection and labels not required to remain. C. Clean finishes free of dust, stains, films and other foreign substances. D. Clean transparent and glossy materials to a polished condition; remove foreign substances. Polish reflective surfaces to a clear shine. E. Vacuum clean carpeted and similar soft surfaces. F. Clean, damp mop, waxes, and polishes resilient and hard-surfaces floor as specified. G. Clean surfaces of equipment; remove excess lubrication. H. Clean plumbing fixtures, food services equipment, to a sanitary condition. 01710-1 005-23 I. Clean permanent filters of ventilating equipment and replace disposable filters when units have been operated during construction; in addition, clean ducts, blowers, and coils when units have been operated without filters during construction. J. Clean light fixtures and lamps. K. Maintain cleaning until substantial completion. L. Remove waste, foreign matter, and debris from roofs, gutters, areaways, and drainage systems. M. Remove waste, debris, and surplus materials from site. Clean grounds; remove stains, spills, and foreign substances from paved areas sweep clean. Rake clean other exterior surfaces. N. Owner will provide final cleaning of interiors after substantial completion. Provide access and coordinate with Owner's personnel at a time agreeable to both parties. END OF SECTION 01710 01710-2 005-23 SECTION 01730 OPERATION AND MAINTENANCE DATA 1 PART 1 -GENERAL 1.1 RELATED DOCUMENTS A. Drawings Specification or other conditions of the contract, apply to this section. 1.2 SUMMARY A. This Section includes the following: 1. Format and content of manuals. 2. Schedule of submittals. 1.3 RELATED SECTIONS A. Section 01300- Submittals: Submittals procedures. B. Section 01400- Quality Control Services. Test and balance reports. C. Individual Specifications Sections: Specific requirements for operation and maintenance data. 1.4 QUALITY ASSURANCE A. Prepare instructions and data by personnel experienced in maintenance and operation of described products. 1.5 FORMAT A. Prepare data in the form of an instructional manual. B. Binders: Commercial quality, 8-1/2 x 11", three D-side ring binders with durable plastic covers; 2" maximum ring size. When multiple binders are used, correlate data into related consistent groupings. C. Cover: Identify each binder with typed or printed title OPERATION AND MAINTENANCE INSTRUCTIONS; identify title of Project; identify subject matter of contents. D. Provide tabbed indexed for each separate product and system, with typed description of product and major component parts of equipment. E. Text: Manufacturer's printed data, or typewritten data on 20-Ib paper. F. Drawings: 1. Provide sketches and small drawing up to 11" x 17" in size with reinforced punched binder tab. Bind in with text. 2. Larger drawings to be bound together for each system or product. 01730-1 005-23 G. Contents: Prepare a Table of Contents for each volume, with each Product or system description identified, in three parts as follows: 1. Part 1: Directory, listing names, addresses, and telephone numbers of Project Manager, Architect, Contractor, Subcontractors, and major equipment suppliers. 2. Part 2: Operation and maintenance instructions, arranged by system and subdivided by Specification Section. For each category, identify names, addresses, and telephone numbers of Subcontractors and suppliers. Identify the following: a. Significant design criteria. b. List of equipment. c. Parts list for each component. d. Operating instructions. e. Maintenance instructions for equipment and systems. f. Maintenance instructions for finishes, including recommended cleaning methods and materials, and special precautions identifying detrimental agents. 3. Part 3: Project documents and certificates, including the following: a. Shop drawings and product data. b. Air and water balance reports. c. Certificates. d. Photocopies of warranties and bonds. 1.6 CONTENTS, EACH VOLUME A. Table of Contents: Provide title of Project; names, addresses, and telephone numbers of Architect, Subconsultants, and Contractor with name of responsible parties; schedule of products and systems, indexed to content of the volume. B. For Each Product or System: List names, addresses and telephone numbers of Subcontractors and suppliers, including local source of supplies and replacement parts. C. Product Data: Mark each sheet to clearly identify specific products and component parts, and data applicable to installation. Delete inapplicable information. D. Drawings: Supplement product data to illustrate relations of component parts of equipment and systems, to show control and flow diagrams. Do not use Project Record Documents as maintenance drawings. E. Typed Text: As required to supplement product data. Provide logical sequence of instructions for each procedure, incorporating manufacturer's instructions. 01730-2 005-23 F. Warranties and Bonds: Bind in copy of each. 1.7 MANUAL FOR MATERIALS AND FINISHES A. Building Products, Applied Materials, and Finishes: Include product data, with catalog number, size, composition, and color and texture designations. Provide information for re-ordering custom manufactured products. B. Instructions for Care and Maintenance: Include manufacturer's recommendations for cleaning agents and methods, precautions against detrimental agents and methods, and recommended schedule for cleaning and maintenance. C. Moisture Protection and Weather Exposed Products: Include product data listing applicable reference standards, chemical composition, and details of installation. Provide recommendations for inspections, maintenance, and repair. D. Additional Requirements: As specified in individual Product Specification Sections. E. Provide a listing in Table of Contents for design data, with tabbed fly sheet and space for insertion of data. F. The O&M Manual will include all of that O&M data referenced or addressed in divisions 2 to 16 Sections. 1.8 MANUAL FOR EQUIPMENT AND SYSTEMS A. Each Item of Equipment and Each System: Include description of unit or system, and component parts. Identify function, normal operating characteristics, and limiting conditions. Include performance curves, with engineering data and tests, and complete nomenclature and model number of replaceable parts. B. Panelboard Circuit Directories: Provide electrical service characteristics, controls, and communications; typed or by label machine. C. Include color-coded wiring diagrams as installed. D. Operating Procedures: Include start-up, break-in, and routine normal operating instructions and sequences. Include regulation, control, stopping, shut-down, and emergency instructions. Include summer, winter, and any special operating instructions. E. Maintenance Requirements: Include routine procedures and guide for troubleshooting; disassembly, repair, and reassembly instructions; and alignment, adjusting, balancing, and checking instructions. F. Provide servicing and lubrication schedule, and list of lubricants required. G. Include manufacturer's printed operation and maintenance instructions. H. Include Sequence of Operation by controls manufacturer. I. Provide original manufacturer's parts list, illustrations, assembly drawings, and diagrams required for maintenance. J. Provide control diagrams by controls manufacturer as installed. 01730-3 005-23 K. Provide Contractor's coordination drawings with color-coded piping diagrams as installed. L. Provide charts of valve tag numbers, with location and function of each valve, keyed to flow and control diagrams. M. Provide list of original manufacturer's spare parts, current prices, and recommended quantities to be maintained in storage. N. Include test and balancing reports. O. Additional Requirements: As specified in individual Product Specification Sections. P. Provide a listing in Table of Contents for design data, with tabbed indexed and space for insertion of data. 1.9 SUBMITTALS A. Submit two copies of preliminary draft or proposed formats and outlines of contents before start of Work. Project Manager will review draft and return one copy with comments. B. For equipment, or component parts of equipment put into service during construction and operated by Owner, submit documents within ten days after acceptance. C. Submit one copy of completed volumes 45 days prior to Substantial Completion. This copy will be reviewed and returned (after final inspection), with Architect's comments. Revise content of all document sets as required prior to final submission. D. Submit two sets of revised final volumes in final form within ten days after final inspection. Final release of retainage by the Owner is contingent, among other things, upon receipt and approval by the Architect of all O&M manuals due the Owner by the Contractor. Final payment will not be made until such time as all manuals have been submitted and approved. 2 PART2 - PRODUCTS Not Applicable 3 PART 3- EXECUTION Not Applicable END OF SECTION 01730 01730-4 005-23 SECTION 02110 SITE CLEARING PART 1 -GENERAL 1.1. SECTION INCLUDES A. Cutting, removing from the ground, and properly disposing of trees, stumps, hedge, brush, roots, logs, weeds, rubbish, sod refuse dumps, sawdust piles, lumbering slash, and other materials within the limits of the right-of-way or other designated areas that interfere with the work or are considered objectionable. B. Selective clearing, preserving existing vegetation, scalping, and the preservation of objects designated to remain Removal of trees, shrubs, and other plant life. C. Topsoil excavation. 1.2. RELATED SECTIONS A. Document: Geotechnical Report B. Section 2222- Embankment C. Section 02211 - Rough Grading. 1.3 DEFINITIONS A. Clearing. The cutting and removal of all trees,brush,and other objectionable growth,and the removal and disposal of logs, rubbish piles, refuse dumps, sawdust piles, lumbering slash, and other objectionable matter from the surface of the ground in the areas shown on the plans or designated by the Engineer. B. Grubbing. The grubbing and removal of all stumps, roots, and other objectionable matter, lying wholly or in part below the surface of the ground. C. Selective Clearing. The trimming of selected trees and shrubs,the removal from the ground and disposal of logs, root pods, brush, refuse dumps, and other undesirable debris, and the cutting, removal, and disposal of all undergrowth, stumps, and standing trees, except those trees and shrubs designated to be preserved. The selective clearing areas will be shown on the plans. D. Preserved Vegetation. Areas of the right-of-way containing trees and brush and designated on the plans as Preserved Vegetation areas shall not be disturbed except as described below. E. Scalping. Areas not classified as clearing and grubbing and that are within construction limits shall be scalped, if appropriate. Scalping shall include the removal and disposal of material such as saplings less than 4"in diameter measured 12"above the ground, logs,brush, roots, grass, residue of agricultural crops, refuse dumps, and decayed matter. 1.3. REGULATORY REQUIREMENTS A. No storage of petroleum, other chemicals, waste materials, trash, etc., shall be allowed within 100 feet of a wetland. B. Coordinate clearing Work with utility companies. 02110-1 005-23 PART 2- EXECUTION 2.1. PREPARATION A. The construction limits on the plans designate the clearing limits. B. Trees defined at risk by Section 02115, and trees designated to remain, shall be delineated prior to construction activities by a method acceptable to the owner's representative. 2.2. PROTECTION A. Protect trees, plant growth, and features designated to remain, as final landscaping. B. Protect bench marks from damage or displacement. Any bench marks damaged by contractor's operations shall be replaced by a Registered Land Surveyor in state of Texas. 2.3. CLEARING AND REMOVAL A. Clear areas established within the construction limits and execution of work. The contractor shall exercise caution to not damage at risk trees or trees designated to remain. B. Trees, brush, stumps, and other deleterious matter, within the construction limits, and necessary for removal during construction shall be wasted off site. C. Should field conditions exist which would warrant damage of a tree at risk, or a tree designated to remain,the contractor shall cease activity in that area and immediately contact the owner's representative for permission to proceed. D. Holes remaining after removal of trees, stumps, etc., shall be backfilled with material approved by the Engineer and compacted as directed except in areas to be excavated. E. The Contractor shall complete the operation by blading, bulldozing, or other approved methods, so that the project shall be free of holes, ditches, or other abrupt changes in elevations that resulted from the clearing and grubbing operations. END OF SECTION 02210 02110-2 005-23 SECTION 02221 ROUGH GRADING PART 1 -GENERAL 1.1 SECTION INCLUDES A. Provide complete earthwork including removing and storing topsoil, general excavation, excavation for the structure and footing excavation; rough grading; fill and backfill; and finish grading. B. Verify existence and location of all existing underground utilities. 1.2 RELATED WORK SPECIFIED ELSEWHERE A. Section 02110-Site Clearing. B. Section 02115-Tree Protection. C. Section 02222- Excavating. D. Section 02223- Embankment. E. Section 02520- Portland Cement Site Concrete. F. Section 02923- Landscape Grading. 1.3 SAMPLES Submit samples of materials as required below. Samples of earth materials shall be delivered to job site in sufficient quantity necessary for Owner and laboratory to adequately evaluate the soil. 1.4 REFERENCES A. ANSI/ASTM C136 -Sieve Analysis of Fine and Coarse Aggregates. B. ANSI/ASTM D698- Moisture-Density Relations of Soils and Soil-Aggregate Mixture Using 5.5 Ib Rammer and 12 inch Drop. C. ANSI/ASTM D1556-Density of Soil in Place by the Sand-Cone Method. D. ANSI/ASTM D2922 and D3017 - Density of Soil in Place by the Nuclear Methods. 1.5 BASIS FOR BIDS Materials at site are expected to be in accordance with materials indicated on logs and test holes included. Bids shall be based on the historically found in this area of San Marcos. Special fill or backfill materials shall be as specified in the soils investigation recommendations or indicated on Drawings. No allowance or extra payments will be made by reason of variation in types of soil encountered or variations in their moisture contents. Additional fill material required shall be furnished and included as a part of the work. Removal of excess or objectionable materials shall be included as a part of the work. 02221 - 1 005-23 1.6 PROTECTION A. Protect trees, shrubs, lawns and other features remaining as a portion of final landscaping. B. Protect benchmarks, sidewalks, paving, and curbs from equipment and vehicular traffic. C. Protect above and below grade utilities which are to remain. Notify utility companies to verify locations of buried lines near the excavation areas. D. Protect excavations by shoring, bracing, sheet piling, underpinning, or other methods required to prevent cave-in or loose soil from falling into excavation. E. Underpin adjacent structures which may be damaged by excavation work, including service utilities and pipe chases. F. Notify Owner of unexpected subsurface conditions and discontinue affected work in area until notified to resume work. G. Protect bottom of excavations and soil adjacent to and beneath foundations from frost. H. Grade excavation top perimeter to prevent surface water run-off into excavation. I. Provide for removal of water trapped in excavations by either mechanical means or"sloped to drain" grading. 1.7 COORDINATION A. Coordinate excavation work with other trades for proper scheduling of work. Accurately record location of utilities to remain prior to beginning work, including horizontal dimensions, inverts and slope gradients. 1.8 TESTING A. Will be performed in accordance with the provisions of Section 01400. PART 2- PRODUCTS 2.1 STOCKPILING A. Material cut from site which is suitable for backfilling may be stored on site, only as directed by the contractor. Fill material required to be hauled in must be delivered as required and directed by the contractor. Location of any stockpiles shall be subject to approval of Owner. 2.2 SURPLUS MATERIALS A. Excavated materials not to be used in fills and backfills on this project shall be removed from the site by the City of San Marcos. Materials containing rubbish, debris, or other unacceptable materials stock piled on site by the contractor shall be removed from the site by the contractor. 2.3 MATERIALS A. General Site Fill: Suitable sandy silt and silty sand homogenous soils, free from organic matter, vegetation, debris, deleterious matter or rocks larger than 3" in diameter, as specified in the soils investigation report, or as otherwise noted. 02221 -2 005-23 B. Select Fill: Suitable homogenous soils, free of organic matter and rock larger than three (3) inches in diameter with a Plasticity Index(P.1.) of between four(4) and fifteen (15), and a maximum liquid limit of 35. C. Top Soil: Clean natural topsoil free of vegetation, debris and other deleterious matter. Upper 6"of topsoil stripped may be used, except for ball field areas. For ball field areas see Specification 02924 `Ball Field Topsoil'. D. Backfill Against Walls and Retaining Walls: Granular, free draining, non-cohesive soil with a classification of SM or better. Submit samples and lab analysis for approval. E. Granular Fill Under Slabs on Grade and Exterior Concrete Paving: Pit run cushion sand, free of organic matter, clays or other binder materials. Submit samples for approval. F. Surplus Material: Remove from site. G. Rock: Igneous, metamorphic and sedimentary rock that cannot be excavated without the use of rippers, a jackhammer or hoeram, and all boulders or other detached stones having a volume of .5 cubic yards or more. PART 3-EXECUTION 3.1 ROUGH GRADING A. Maintain and protect existing utilities which pass through work area. Upon discovery of unknown utility or concealed conditions, discontinue affected work and notify Owner. B. The entire building pad areas shall be excavated to a uniform elevation as shown on plans, and replaced with general site fill as defined by Architect's Structural drawings. Overcut planting and lawn areas to allow a layer of topsoil not less than 6"thick. Excavations shall be maintained to drain and shall be kept free of excess water. Ponding of water on site will not be permitted. Remove objectionable and excess materials from site when excavated. Exercise extreme care in grading around existing trees. Do not disturb existing grades around existing trees except as otherwise noted. C. Sub-grades for all lawn areas, plant bed areas, and sports fields shall be placed at a maximum 95% compaction. 3.2 STRUCTURAL EXCAVATION A. Locate and mark all existing underground utilities and services before beginning structural excavation. B. Provide excavation for structures, pile caps and grade beams, as required for construction, bracing and removal of forms. Machine slope banks to angle of repose or less until shored. Excavation shall not interfere with normal 45 degree angle bearing splay of any foundation. Bottom of excavation shall be reasonable level. Maintain excavation in as near their natural moisture conditions as possible. Fill over-excavated areas under structure bearing surfaces in accordance with Engineer's direction. Over excavation beneath building and paving as required (see soils report)to remove surface soils which contain root and vegetable matter and to insure that exterior footings bear as shown on drawings. Replace with fill material as specified herein. 3.3 FILLS AND BACKFILLS -GENERAL 02221 -3 005-23 A. Verify areas to be backfilled are free of debris, water, or snow and ice and ground surfaces are not frozen. B. Exercise care in grading/excavation operations to avoid creating unstable (pumping) conditions in the subgrade soils. C. Cut out soft areas of subgrade not readily capable of in-situ compaction. Backfill and compact to density equal to requirements for subsequent backfill material. D. Site backfill systematically, as early as possible, to allow maximum time for natural settlement. Do not backfill over porous, wet or spongy subgrade surfaces. E. Maintain optimum moisture content of backfill materials to attain required compaction density (see soils report). F. Make gradual changes in grade. Blend slopes into level areas. 3.4 FILL (UNDER SLABS & FOOTINGS) A. Fill Beneath Building Slabs and Footings: 1. Review recommendations of the Geotechnical Investigation to determine extent of undercuts beneath slabs on grade where undesirable soils are encountered, and for all other earthwork. 2. Prevent excessive loss or gain of moisture during construction. B. Granular Fill Beneath Other Slabs on Grade and Walks: Place specified material to depth as shown, and tamp to provide solid level surface. 3.5 FILLS (UNDER PAVED AREAS) A. Fill Beneath Paved Areas: 1. Review recommendations of the soils report to determine extent of undercuts beneath paving on grade where undesirable soils are encountered. 2. Where undercuts do occur, or additional material is required to achieve desired subgrade, place select fill in loose lifts of 9"thickness and compact each lift to a density of 95% of maximum dry unit weight, determined using Standard Proctor Compaction Test(ASTM D- 698), at or slightly above optimum moisture content(see soils report). 3. Prevent excessive loss or gain of moisture during construction. 3.6 FILLS (OUTSIDE PAVED AREAS) A. Roughen and loosen filled areas before placing of fill materials. Spread suitable fill materials in uniform layers over area not to exceed 9"thick compaction. Wet and work materials as required for proper compaction and thoroughly mix. Compaction shall be by tamping rollers or by utilizing excavation equipment to spread and compact fill to a uniform density equal to natural density of material before excavating. Areas adjacent to structures, or where compacting equipment cannot effectively work, shall be compacted with approved tampers. Compact filled areas to lines and grades shown, with allowances for a final layer of topsoil at least 6"thick. B. Where fill is required at base of existing trees, place a maximum of 4"depth of topsoil. 3.7 BACKFILL 02221 -4 005-23 A. General: After permanent construction is in place, forms and trash removed, waterproofing complete and inspections complete, backfill with approved materials and compact to approximate density of natural ground. Place backfill in layers not exceeding 9" loose depth, and hand or machine tamp to compaction required. Water may be added to backfill material as an aid to compaction; however, material shall not be wet to form a mud or paste. B. Wall Backfill: Verify that waterproofing is complete, in proper position, and without damage prior to placing backfill. Backfill walls to a minimum width of 24"with specified free draining, non-cohesive soil. Place backfill in loose lifts of 9"thickness and compact each lift to at least 90% standard Proctor density. 3.8 SHORING AND BRACING A. Provide as necessary to prevent cave-ins and slides, or as a protection for workmen in adjacent construction. Shoring and bracing shall remain in place as long as required for safety and shall be removed only as backfill is placed. 3.9 DRAINAGE AND PUMPING A Provide for surface drainage to keep site free of surface water, and to keep excavation free of water during entire construction period. Provide and operate pumping equipment as required. If seepage is encountered, excavations shall be kept free of water. 3.10 EXPLOSIVES A. Use of explosives is strictly prohibited. 3.11 REMOVAL OF CONTAMINATED SOIL A. Prior to finish grading; soil contaminated with lime or other contaminates (i.e., rocks, wood, debris, etc.) should be removed from lawn and plant bed areas. Replace with clean, approved topsoil at a minimum of 6 inches. 3.12 FINISH GRADING A. After rough grading has been completed and site cleared of construction debris, areas disturbed by construction or graded to provide new finish grade shall be covered with a layer of topsoil not less than 1/2"thick, 6"thick in ball field areas. Reuse stockpiled topsoil cleaned of foreign matter, or provide additional approved topsoil as required. For ball field areas see Specification 02924 'Ball Field Topsoil'. Final grades shall be as shown or as directed by Owner and shall slope away from building and provide drainage for area. Degree of finish shall be that ordinarily obtainable with blade grader or scraper operations. Finish surfaces shall not be more than 0.06 feet above or below established grade elevation. 3.13 PROTECTION, CLEAN-UP AND EXCESS MATERIALS A. Protect grades from construction and weather damage, washing, erosion and rutting, and repair such damage that occurs. B. Correct any settlement below established grades to prevent ponding of water. C. At locations where lime, concrete or other foreign matter has penetrated or been mixed with earth, remove damaged earth and replace with clean topsoil material. 02221 -5 005-23 D. Remove unsuitable stockpiled material, debris, waste, and other material from site and leave work in clean finished condition for final acceptance. Contractor is responsible for disposal of debris and unsuitable materials. 3.14 TOPSOIL AND GRAVEL FOR PLANTERS A. Install 6"thick layer of 1/4 to 3/8 washed pea gravel in bottom of above grade planters. On top of gravel install minimum 24"deep layer of topsoil in 12"thick layers, compacting each layer in order to prevent future settlement. END OF SECTION 02221 02221 -6 005-23 SECTION 02923 LANDSCAPE GRADING PART 1 -GENERAL 1.1 SECTION INCLUDES A. Final grade topsoil for finish landscaping. 1.2 RELATED SECTIONS A. Section 02938- Hydraulic Seeding B. Section 02950-Trees, Plants and Ground Cover: Topsoil fill for trees, plants and ground cover. PART 2 - PRODUCTS 2.1 MATERIAL A. Existing Topsoil: 1. Existing topsoil removed/excavated from site and stockpiled. B. Supplemental Topsoil: 1. Sandy loam from source approved by Owner; 100 percent passing through 1-inch screen. a. Sand (2,000 mm to 0.50 mm): 40 to 50 percent. Silt(0.050 mm to 0.005 mm): 30 to 40 percent. Clay(0.005 mm and smaller): 10 to 30 percent. 2. Free of subsoil, brush, stumps, roots, organic litter, objectionable weeds, clods, shale, stones 1-inch minimum dimension or larger, or other material harmful to grading, planting, plant growth, or maintenance operations. 3. Presence of vegetative parts of Bermuda grass, Johnson grass, nut grass (Cyperus rotundus), and other hard to eradicate weeds or grass will be cause for rejection of topsoil. PART 3- EXECUTION 3.1 EXAMINATION A. Verify building and trench backfilling have been inspected. 3.2 SUBSTRATE PREPARATION A. Apply herbicide, per manufacturer's specifications, to all areas of the project site shown to receive new seeding, sodding, landscape improvements, or mulching. B. Eliminate uneven areas and low spots. 02923-1 005-23 C. Remove debris, roots, branches, stones, in excess of 2 inches in size. In ballfield areas, remove debris, roots, branches, stones in excess of 3/inches in size. Remove subsoil contaminated with petroleum products. D. Scarify surface to depth of 3 inches where topsoil is scheduled. Scarify in areas where equipment used for hauling and spreading topsoil has compacted subsoil. 3.3 PLACING TOPSOIL A. Place topsoil in 6" lifts maximum in areas where new landscape planting is required. Place topsoil during dry weather. In ball field areas, see specification section "02924 Ball Field Top Soil." B. Place topsoil as required in new parking areas and adjacent to building areas to provide adequate soil for new planting and insure proper drainage. Provide a minimum 6-inch layer of topsoil over all new landscape areas. C. Fine grade topsoil to eliminate rough or low areas. Maintain profiles and contour of subgrade. D. Remove roots, weeds, rocks, and foreign material while spreading. E. Manually spread topsoil close to existing plant life, to prevent damage. F. Roll placed topsoil. G. Dispose of surplus subsoil and topsoil as directed by Owner. H. Leave stockpile area and site clean and raked, ready to receive landscaping. 3.4 TOLERANCES A. Top of Topsoil: Plus or minus 1 inches. 3.5 PROTECTION A. Protect landscaping and other features remaining as final work. B. Protect existing structures, fences, sidewalks, utilities, paving, and curbs. END OF SECTION 02923 02923-2 005-23 SECTION 02930 HYDRAULIC SEEDING PART 1 -GENERAL 1.1 SECTION INCLUDES A. Provide all material and labor to install and maintain for the guarantee period all areas to be seeded and hydromulched. 1.2 RELATED SECTIONS A. Section 02810-Landscape Irrigation B. Section 02923- Landscape Grading C. Section 02950-Trees, Shrubs and Ground Cover 1.3 UNIT PRICE- MEASUREMENT AND PAYMENT A. Seeded Areas-By the square foot. Includes placing topsoil, fine grading, seeding, water and maintenance to specified time limit. 1.4 DEFINITIONS A. The Contractor will be required to establish a stand of turf grass and native grass prior to acceptance of the job. A uniform stand of grass shall be defined as a total coverage of the planting soil by the specified grass or wildflower species to the satisfaction of the Owner. The Contractor is responsible for all watering, weeding, and replanting during the time which is necessary to establish a uniform stand of grass. 1.5 SUBMITTALS A. Test Reports: Results of seed purity and germination tests. B. Certificates: Manufacturer's certification that seed and mulch meet specification requirements. C. File all results and certificates with the Owner prior to the final acceptance. D. Maintenance Instructions: Submit to the Owner prior to the final acceptance. E. Test Reports: Submit certification of fertilizer analysis. 1.6 QUALITY ASSURANCE A. Reference Standards: Official Method of Analysis of the Association of Official Analytical Chemists. B. Source Quality Control: Producer's test for purity and germination of seed, dated within nine months of sowing and submit to Owner. 1.7 JOB CONDITIONS A. Environmental Requirements: 02930-1 005-23 1. Do not seed when excessively wet or dry. 2. Do not perform seeding or hydromulching when wind exceeds 15 mph. B. Protection: Restrict foot and vehicular traffic from seeded areas after hydromulching until final inspection and acceptance. 1.8 GUARANTEE AND MAINTENANCE A. Provisional Acceptance: Planting shall be approved as being in accordance with specifications upon completion of the installation. B. Guarantee Period: A stand of grass within 90 days, after provisional acceptance, shall be guaranteed. C. Maintenance Period: 1. Maintain new seeding until entire project is accepted by the Owner. 2. Reseed during this period as required to meet minimum standards at no additional expense to the Owner. 3. Repair damage to other plants or lawns during maintenance period at no additional expense to the Owner. 4. Maintenance shall consist of but not be limited to: a. Weeding b. Watering C. Mowing and edging d. Spraying e. Fertilizing f. Temporary Erosion Control & Erosion Repair 02930-2 005-23 D. Final Acceptance will be provided by the Owner only upon completion of the entire project and the establishment of a stand of grass as defined herein. 1.9 RESTORATION The Contractor shall be responsible for repairing any damage done to any existing site improvements caused by the Contractor, at no additional expense to the Owner. PART 2- PRODUCTS 2.01 MATERIALS A. Turf Areas 1. Seed (April 15 until September 15) a. Species: 100% Hulled Common Bermuda Grass(Cynodon dactylon)of 98%purity. b. Percent of Live Seed: 85% C. Clean, dry, new crop seed. d. Free of all weeds. 2. Temporary Turf-Seed (September 15 until March 15) a. Species: -100% Rye Grass (Lolium multiflorum) of 85% purity C. Fertilizer(For Turf Grass Areas Only) 1. Uniform composition. 2. Pelletized. 3. Containing following minimum percentage of plant food by weight: a. Nitrogen: 15% or 16% b. Phosphoric Acid: 4% or 5% C. Potash: 8% or 10% 4. The fertilizer shall be delivered to the site in bags or other convenient containers, each fully labeled,conforming to the applicable state fertilizer laws,and bearing the name,trade name or trademark, and warranty of the producer. D. Mulch with Tackifier 1. Maximum Moisture Content...................10% + 3% 2. Virgin Wood Fiber Content..................92.2% + 0.5% O.D. Basis 3. Tackifier Content..........................3% + 0.5% O.D. Basis 4. Ash Content................................0.8% +0.2% O.D. Basis 1. PH.........................................4.8 + 0.5 02930-3 005-23 2. Minimum Water Holding Capacity (grams of water per 100 grams of fiber).....................................1,000 3. Wood fiber shall be dyed green with a biodegradable dye that does not inhibit plant growth. 4. Wood fiber SHALL NOT be produced from recycled material such as sawdust, paper, cardboard, or residue from pulp and paper plants. 5. Wood fiber mulch shall be packaged in units not exceed 100 lbs. The package shall contain current labels, the manufacturer's name and the net weight. E. Water: Potable,available on-site. Contractor shall furnish temporary hoses and connections as required. PART 3- EXECUTION 3.01 INSPECTION A. Contractor shall check that preceding work affecting ground surface is completed. B. Contractor shall verify that soil is within allowable range of moisture content. C. Contractor shall see that the soil is free of weeds and foreign material immediately before seeding. Remove rocks and stones which are larger than 2 inches in diameter and remove from the site. D. Contractor shall not start work until conditions are satisfactory. To begin work indicates acceptance of conditions. 3.02 PREPARATION A. All areas to be seeded are to be bladed and graded smooth. All clods shall be removed or incorporated into existing soil and all debris shall be disposed of off the site. B. Soil should be watered to a minimum depth of 4 inches at least 48 hours prior to seeding. 3.03 APPLICATION (Hydromulch Seed Only) A. Apply hydromulch material with an approved spray applicator equipment suitable for the seed, mulch and stabilizer specified. B. Apply materials at the following rates or as approved by the Owner. 1. Mulch with Tackifier 1,600 pounds per acre (36.75 lbs/1000 sf). 2. Fertilizer: 523 pounds per acre(12.0 lbs/1000 sf). 3. Hulled Common Bermuda Grass, 87 pounds per acre (2 lbs/1000 sf). 4. Temporary Turf, 200 pounds per acre(4.5 lbs/1000sf). C. Water all hydromulched areas to a minimum depth of 4 inches. 3.04 PROTECTION Immediately after seeding and hydromulching, erect barricades and warning signs as required to protect seeded areas from traffic until grass is established. 02930-4 005-23 3.05 SEED ESTABLISHMENT A. Watering 1. Keep soil moist during seed germination period. 2. Supplement rainfall as required until a stand of grass is established. B. Mowing (Turf Areas) 1. When grass reaches 4 inches in height, mow to 2 to 2-1/2 inches in height. 2. Do not cut off more than 40% of grass leaf in single mowing. 3. Mow using 2 mulching blades, leaving no unsightly piles of grass clippings. C. Reseed all bare spots not having a uniform stand of grass at no additional expense to the Owner. D. The Contractor will be required to establish a stand of grass prior to acceptance of the job. A uniform stand of grass shall be defined as a total coverage of the planting soil by the specified turfgrass to the satisfaction of the Owner. The Contractor is responsible for all watering, weeding, weekly mowing and replanting during the time which is necessary to establish a uniform stand of grass. 3.06 CLEANUP A. Remove trash and excess materials from project site. B. Maintain paved areas in clean condition. C. Remove barriers and signs from site at termination of establishment period. END OF SECTION 02930 02930-5 005-23 SECTION 03100 CONCRETE FORMWORK PART GENERAL 1.01 SECTION INCLUDES A. Formwork for cast-in place concrete, with shoring, bracing and anchorage. B. Openings for other work. C. Form accessories. D. Form stripping. 1.02 PRODUCTS INSTALLED BUT NOT FURNISHED UNDER THIS SECTION A. Section 03300 -Cast-In-Place Concrete: Supply of concrete accessories for placement by this section. 1.03 RELATED SECTIONS A. Section 02520- Portland Cement Concrete Paving. B. Section 03200-Concrete Reinforcement. C. Section 03300-Cast-in-Place Concrete. 1.04 REFERENCES A. ACI 301 - Structural Concrete for Buildings. B. ACI 318 - Building Code Requirements for Reinforced Concrete. C. ACI 347- Recommended Practice For Concrete Formwork. 1.05 DESIGN REQUIREMENTS A. Design, engineer and construct formwork, shoring and bracing to conform to design and code requirements; resultant concrete to conform to required shape, line and dimension. 1.06 QUALITY ASSURANCE A. Perform Work in accordance with ACI 301. 1.07 REGULATORY REQUIREMENTS A. Conform to applicable codes for design, fabrication, erection and removal of formwork. 1.08 COORDINATION A. Coordinate this Section with other Sections of work which require attachment of components to formwork. 03100-1 005-23 B. If formwork is placed after reinforcement resulting in insufficient concrete cover over reinforcement; before proceeding, request instructions from Architect/Engineer. PART2 PRODUCTS 2.01 WOOD FORM MATERIALS A. Form Materials: At the discretion of the Contractor to produce the required shape, line and dimension of finished concrete. 2.02 PREFABRICATED FORMS A. Preformed Steel Forms: Minimum 16 gage, matched, tight fitting, stiffened to support weight of concrete without deflection detrimental to tolerances and appearance of finished surfaces. 2.03 FORMWORK ACCESSORIES A. Form Ties: Removable or Snap-off type, galvanized metal. B. Form Release Agent: Colorless mineral oil which will not stain concrete, or absorb moisture. C. Nails, Spikes, Lag Bolts, Through Bolts and Anchorages: Sized as required, of sufficient strength and character to maintain formwork in place while placing concrete. PART 3 EXECUTION 3.01 EXAMINATION A. Verify lines, levels and centers before proceeding with formwork. Ensure that dimensions agree with drawings. 3.02 EARTH FORMS A. Hand trim sides and bottom of earth forms. Remove loose soil prior to placing concrete. 3.03 ERECTION - FORMWORK A. Erect formwork, shoring and bracing to achieve design requirements, in accordance with requirements of ACI 301. B. Provide bracing to ensure stability of formwork. Shore or strengthen formwork subject to over stressing by construction loads. C. Arrange and assemble formwork to permit dismantling and stripping. Do not damage concrete during stripping. Permit removal of remaining principal shores. D. Align joints and make watertight. Keep form joints to a minimum. E. Obtain approval before framing openings in structural members which are not indicated on Structural Drawings. 3.04 APPLICATION -FORM RELEASE AGENT A. Apply form release agent on formwork in accordance with manufacturer's recommendations. 03100-2 005-23 B. Apply prior to placement of reinforcing steel, anchoring devices, and embedded items. 3.05 INSERTS, EMBEDDED PARTS AND OPENINGS A. Provide formed openings where required where items are to be embedded in or passing through concrete work. B. Locate and set in place items which will be cast directly into concrete. C. Coordinate with work of other sections in forming and placing openings, slots, reglets, recesses, sleeves, bolts, anchors, other inserts and components of other Work. D. Install accessories in accordance with manufacturer's instructions, straight, level, and plumb. Ensure items are not disturbed during concrete placement. 3.06 FORM CLEANING A. Clean forms as erection proceeds, to remove foreign matter within forms. B. Clean formed cavities of debris prior to placing concrete. C. During cold weather, remove ice and snow from within forms. Do not use de-icing salts. Do not use water to clean out forms, unless formwork and concrete construction proceed within heated enclosure. Use compressed air or other means to remove foreign matter. 3.07 FORMWORK TOLERANCES A. Construct formwork to maintain tolerances required by ACI 301. 3.08 FIELD QUALITY CONTROL A. Inspect erected formwork, shoring, and bracing to ensure that work is in accordance with formwork design, and that supports, fastenings, wedges, ties and items are secure. 3.09 FORM REMOVAL A. Do not remove forms or bracing until concrete has gained sufficient strength to carry its own weight and imposed loads. B. Loosen forms carefully. Do not wedge pry bars, hammers, or tools against finish concrete surfaces scheduled for exposure to view. C. Store removed forms in manner that surfaces to be in contact with fresh concrete will not be damaged. Discard damaged forms. END OF SECTION 03100 03100-3 005-23 SECTION 03200 CONCRETE REINFORCEMENT PART GENERAL 1.01 SECTION INCLUDES A. Reinforcing steel bars, wire fabric and accessories for cast-in-place concrete. 1.02 RELATED SECTIONS A. Section 03100-Concrete Formwork. B. Section 03300-Cast-in-Place Concrete. C. Section 03346-Concrete Floor Finishing. 1.03 REFERENCES A. ACI 301 -Structural Concrete for Buildings. B. ACI 318- Building Code Requirements For Reinforced Concrete. C. ACI SP-66-American Concrete Institute- Detailing Manual. D. ANSI/ASTM A184 -Fabricated Deformed Steel Bar Mats for Concrete Reinforcement. E. ANSI/ASTM A185 -Welded Steel Wire Fabric for Concrete Reinforcement. F. AWS D12.1 - Welding Reinforcement Steel, Metal Inserts and Connections in Reinforced Concrete Construction. G. CRSI -Concrete Reinforcing Steel Institute - Manual of Practice. H. CRSI 63 - Recommended Practice For Placing Reinforcing Bars. I. CRSI 65- Recommended Practice For Placing Bar Supports, Specifications and Nomenclature. 1.04 SUBMITTALS A. Submit under provisions of Section 01300. B. Shop Drawings: Indicate bar sizes, spacings, locations, and quantities of reinforcing steel and wire fabric, bending and cutting schedules and supporting and spacing devices. Reproduction of contract drawings in any form will not be allowed. C. Manufacturer's Certificate: Certify that products meet or exceed specified requirements. 1.05 QUALITY ASSURANCE A. Perform Work in accordance with CRSI 63, 65 and Manual of Practice, ACI 301, ACI SP-66, ACI 318 and ANSI/ASTM A184. 1.06 COORDINATION A. Coordinate with placement of formwork, formed openings and other Work. 03200-1 005-23 PART2 PRODUCTS 2.01 REINFORCEMENT A. Reinforcing Steel: ASTM A615, 60 ksi yield grade; deformed billet steel bars, unfinished. B. Welded Steel Wire Fabric: ASTM A185 Plain Type in coiled rolls; unfinished. 2.02 ACCESSORY MATERIALS A. Tie Wire: Minimum 16 gage annealed type. B. Chairs, Bolsters, Bar Supports, Spacers: Sized and shaped for strength and support of reinforcement during concrete placement conditions including load bearing pad on bottom to prevent vapor barrier puncture. C. Special Chairs, Bolsters, Bar Supports, Spacers Adjacent to Weather Exposed Concrete Surfaces: Plastic coated steel or Stainless steel type; size and shape as required. 2.03 FABRICATION A. Fabricate concrete reinforcing and provide coverages in accordance with CRSI Manual of Practice, ACI SP-66, ACI 318 and ANSI/ASTM A184. B. Locate reinforcing splices not indicated on drawings, at points of minimum stress. PART 3 EXECUTION 3.01 PLACEMENT A. Place, support and secure reinforcement against displacement. Do not deviate from required position. B. Do not displace or damage vapor barrier. C. Accommodate placement of formed openings. D. Conform to applicable codes for concrete cover over reinforcement. END OF SECTION 03200 03200-2 005-23 SECTION 03300 CAST-IN-PLACE CONCRETE PART GENERAL 1.01 SECTION INCLUDES A. Normal weight cast-in-place reinforced footings and floor slabs on grade. B. Control, expansion and contraction joint devices associated with concrete work. C. Source and field quality control. 1.02 RELATED SECTIONS A. Section 01400-Quality control: Concrete strength testing. B. Section 02520 -Portland Cement Concrete Paving: Concrete aprons, sidewalks and curb and gutter. C. Section 03100-Concrete Formwork: Formwork and accessories. D. Section 03200-Concrete Reinforcement. E. Section 03346-Concrete Floor Finishing. F. Section 03370 -Concrete Curing. G. Section 07900-Joint Sealers. 1.03 REFERENCES A. ACI 301 -Structural Concrete for Buildings. B. ACI 302 -Guide for Concrete Floor and Slab Construction. C. ACI 304- Recommended Practice for Measuring, Mixing, Transporting and Placing Concrete. D. ACI 305R- Hot Weather Concreting. E. ACI 306R -Cold Weather Concreting. F. ACI 308-Standard Practice for Curing Concrete. G. ACI 318- Building Code Requirements for Reinforced Concrete. H. ANSI/ASTM D994 - Preformed Expansion Joint Filler for Concrete (Bituminous Type). I. ANSI/ASTM D1190-Concrete Joint Sealer, Hot-Poured Elastic Type. J. ANSI/ASTM D1751 - Preformed Expansion Joint Fillers for Concrete Paving and Structural Construction (Non-extruding and Resilient Bituminous Types). K. ANSI/ASTM D1752 - Preformed Sponge Rubber and Cork Expansion Joint Fillers for Concrete Paving and Structural Construction. 03300-1 005-23 L. ASTM C33-Concrete Aggregates. M. ASTM C94- Ready-Mixed Concrete. N. ASTM C150 -Portland Cement. O. ASTM C260-Air Entraining Admixtures for Concrete. 1.04 SUBMITTALS A. Submit under provisions of Section 01300. B. Submit proposed mix design of each class of concrete to independent testing agency and Architect/Engineer for review and receive approval prior to commencement of work. C. Independent testing agency shall submit results of concrete strength tests to Contractor and Architect/Engineer immediately following each test. 1.05 PROJECT RECORD DOCUMENTS A. Accurately record actual locations of embedded utilities and components which are concealed from view on project record documents maintained by the Contractor. 1.06 QUALITY ASSURANCE A. Perform Work in accordance with ACI 301. B. Conform to ACI 305R when concreting during hot weather. C. Conform to ACI 306R when concreting during cold weather. 1.07 ENVIROMENTAL REQUIREMENTS A. Do not place concrete when base temperature is less than 40 degrees F, or when surface is wet or frozen PART 2 PRODUCTS 2.01 CONCRETE MATERIALS A. Cement: ASTM C150, Type I - Normal. B. Fine and Coarse Aggregates: ASTM C33. C. Water: Clean and not detrimental to concrete. 2.02 ADMIXTURES A. Air Entrainment: ASTM C260. B. Chemical: ASTM C494 only if approved in writing by the Architect. 03300-2 005-23 2.03 ACCESSORIES A. Vapor Barrier: 6 mil thick clear polyethylene film type recommended for below grade application. B. Non-Shrink Grout: Premixed compound consisting of non-metallic aggregate, cement, water reducing and plasticizing agents; capable of developing minimum compressive strength of 2,400 psi (17 MPa) in 48 hours and 7,000 psi in 28 days. 2.04 JOINT DEVICES AND FILLER MATERIALS A. Joint Filler: ASTM D1751 and ASTM D994; Asphalt impregnated fiberboard or felt, 1/2 inch thick. B. Floor Construction Joint Devices:. Galvanized steel formed to tongue and groove profile in heights required by floor thickness with knockouts at mid height for dowels. C. Sealant and Primer: Type as specified in Section 07900. 2.05 CONCRETE MIX A. Mix concrete in accordance with ACI 304. Deliver concrete in accordance with ASTM C94. B. Select proportions for normal weight concrete in accordance with ACI 301, Method 2. C. Provide normal weight concrete to the following criteria for footings, foundation walls and floor slabs on grade. Unit Measurement Compressive Strength (28 day) 3000 psi Water/Cement Ratio (maximum) 0.48 by weight Aggregate Size(maximum) 1.5 inch Air Entrained 5-7 percent(for concrete exposed to exterior) Cement Content per cubic yard 5 1/2 sacks minimum Slump - Plus or minus 1 inch 4 inches D. Provide normal weight concrete to the following criteria for bridge abutments and site retaining walls. Unit Measurement Compressive Strength (28 day) 4000 psi Water/Cement Ratio (maximum) 0.44 by weight Aggregate Size(maximum) 1.5 inch Air Entrained 5-7 percent Cement Content per cubic yard 6 1/2 sacks minimum Slump- Plus or minus 1 inch 3 inches E. Use accelerating admixtures in cold weather only when approved in writing by Testing Agency and Architect/Engineer. Use of admixtures will not relax cold weather placement requirements. F. Use calcium chloride only when approved in writing by Testing Agency and Architect/Engineer. G. Use set retarding admixtures during hot weather only when approved in writing by Testing Agency and Architect/Engineer. H. Add air entraining agent to all normal weight concrete mix for work exposed to exterior. 03300-3 005-23 PART 3 EXECUTION 3.01 EXAMINATION A. Verify site conditions prior to placing concrete. B. Verify requirements for concrete cover over reinforcement. C. Verify that anchors, seats, plates, reinforcement and other items to be cast into concrete are accurately placed, positioned securely, and will not cause hardship in placing concrete. 3.02 PLACING CONCRETE A. Place concrete in accordance with ACI 304. B. Notify independent testing agency and Architect/Engineer minimum 48 hours prior to commencement of operations. C. Ensure reinforcement, inserts, embedded parts, formed expansion and contraction joints, and control joints are not disturbed during concrete placement. D. Install vapor barrier under interior slabs on grade. Lap joints minimum 12 inches. E. Repair vapor barrier damaged during placement of concrete reinforcing. Repair with vapor barrier material; lap over damaged areas minimum 12 inches. F. Install joint devices in accordance with manufacturer's instructions. G. Install construction joint devices in coordination with floor slab pattern placement sequence. Set top to required elevations. Secure to resist movement by wet concrete. H. Maintain records of concrete placement. Record date, location, quantity, air temperature, and test samples taken. I. Place concrete continuously between predetermined expansion, control and construction joints. J. Do not interrupt successive placement; do not permit cold joints to occur. K. Place floor slabs in checkerboard pattern. L. Saw cut control joints within 24 hours after placing only if approved by independent testing agency and Architect/Engineer. Use 3/16 inch thick blade, cut to 1/4 depth of slab thickness. M. Screed floors and slabs on grade level, maintaining surface flatness of maximum 1/4 inch in 10 ft . 3.03 CONCRETE FINISHING A. Finish concrete floor surfaces in accordance with ACI 301. B. Steel trowel surfaces of floor slabs. 03300-4 005-23 3.04 CURING AND PROTECTION A. Immediately after placement, protect concrete from premature drying, excessively hot or cold temperatures, and mechanical injury. B. Maintain concrete with minimal moisture loss at relatively constant temperature for period necessary for hydration of cement and hardening of concrete. C. Cure floor surfaces in accordance with ACI 308 by one of the following methods: 1. Ponding: Maintain 100 percent coverage of water over floor slab areas continuously for 4 days. 2. Spraying: Spray water over floor slab areas and maintain wet for 7 days. 3. Curing Compound: Apply in accordance with manufacturers instructions. 3.05 FIELD QUALITY CONTROL A. Field inspection and testing will be performed in accordance with ACI 301 by the independent testing agency employed by the Contractor. B. Provide free access to Work and cooperate with appointed firm. C. Submit proposed mix design of each class of concrete to independent testing agency and Architect/Engineer for review and receive approval prior to commencement of Work. D. Tests of cement and aggregates may be performed to ensure conformance with specified requirements. E. Three concrete test cylinders will be taken for every 75 or less cu yds of each class of concrete placed each day. F. One additional test cylinder will be taken during cold weather concreting, cured on job site under same conditions as concrete it represents. G. One slump test will be taken for each set of test cylinders taken. H. Independent testing agency shall submit results of concrete strength tests to Contractor and Architect/Engineer immediately following each test. 3.06 PATCHING A. Allow independent testing agency and Architect/Engineer to inspect concrete surfaces immediately upon removal of forms. B. Excessive honeycomb or embedded debris in concrete is not acceptable. Notify independent testing agency and Architect/Engineer upon discovery. C. Patch imperfections in accordance with ACI 301. 03300-5 005-23 3.07 DEFECTIVE CONCRETE A. Defective Concrete is any Concrete not conforming to required lines, details, dimensions, tolerances or specified requirements. B. Methods for repair or replacement of defective concrete will be determined by the independent testing agency and Architect/Engineer. C. Do not patch, fill, touch-up, repair, or replace exposed concrete except upon express direction of independent testing agency and Architect/Engineer for each individual area. END OF SECTION 03300 03300-6 005-23 SECTION 03370 CONCRETE CURING PART1 GENERAL 1.01 SECTION INCLUDES A. Initial and final curing of horizontal concrete surfaces. 1.02 RELATED SECTIONS A. Section 02520-Portland Cement Concrete Paving B. Section 03300-Cast-In-Place Concrete. C. Section 03346-Concrete Floor Finishing. 1.03 REFERENCES A. ACI 301 - Structural Concrete for Buildings. B. ACI 302- Recommended Practice for Concrete Floor and Slab Construction. C. ACI 308- Standard Practice for Curing Concrete. D. ASTM C171 -Sheet Materials for Curing Concrete. E. ASTM C309- Liquid Membrane-Forming Compounds for Curing Concrete. F. ASTM D2103- Polyethylene Film and Sheeting. 1.04 SUBMITTALS A. Submit under provisions of Section 01300. B. Product Data: Provide data on curing compounds, product characteristics, compatibility and limitations if they will be used. C. Manufacturer's Installation Instructions: Indicate criteria for preparation and application. 1.05 QUALITY ASSURANCE A. Perform Work in accordance with ACI 301. 1.06 DELIVERY, STORAGE, AND HANDLING A. Deliver curing materials in manufacturer's packaging including application instructions. PART2 PRODUCTS 2.01 MATERIALS A. Membrane Curing Compound: ASTM C309 Type 1, clear, without fugitive dye. B. Water: Potable and not detrimental to concrete. 03370-1 005-23 PART 3 EXECUTION 3.01 EXAMINATION A. Verify that concrete surfaces are ready to be cured. 3.02 EXECUTION - HORIZONTAL SURFACES A. Cure floor surfaces in accordance with ACI 308 by one of the following methods: 1. Ponding: Maintain 100 percent coverage of water over floor slab areas continuously for 4 days. 2. Spraying: Spray water over floor slab areas and maintain wet for 7 days. 3. Membrane Curing Compound: Apply curing compound in accordance with manufacturer's instructions in 2 coats with second coat at right angles to first. 3.03 PROTECTION OF FINISHED WORK A. Protect finished Work under provisions of Section 01500. B. Do not permit traffic over uncured floor surface. END OF SECTION 03370 03370-2 005-23 n4t FLOTATION SYSTEMS, INC.TM ALUMINUM BOAT DOCKS Architectural Planning Criteria Dock Specifications FLOATING DOCK AS MANUFACTURED BY FLOATING SYSTEMS, INC. (PH.: 800.711.1785) Structural Components: (OR APPROVED EQUAL) WITH HIP SHADE COVERING AND EXTENDED DECK; Commercial and residential- All structural aluminum components shall be of 6000 series high strength marine grade aluminum. Minimum thickness on all outer main frame E-channel shall be 3/16" and secondary components a minimum of 1/8". Main frame E-channel minimum depth 10"with outer wall ribbed to provide aesthetics and increase web stiffness. All tubing shall have radius corners and a minimum wall thickness of 1/8"; maximum 1/4" Decking Surface: Extruded LockdryTm aluminum decking panels to be 1"x 6"with raised ridges for added slip resistance. Joist spacing to be set on a maximum of 36"centers maintaining minimal surface deflection. Decking finish-Textured powder coat finish meets or exceeds AAMA 2604 for Salt Spray Resistance and Outdoor Exposure testing in South Florida. Available colors: Buckskin, Hearthstone, and Granite Gray. Hardware: All self drilling screws, bolts, nuts, and washers are stainless steel. 300 series -bolts 400 series -self drilling screws (zinc plating on self drilling flooring screws) Main frame bolts shall be a minimum 3/8" diameter with self locking nuts. Flotation: Corp Approved EPS Billets—Totally enclosed with high-density polyethylene. Polyethylene shall contain UV Ray inhibitors and Carbon Black pigment to protect against ultraviolet deterioration.Nominal wall thickness .150. Impervious to petroleum products. Heavy duty mounting flanges and slots. 12 year warranty. Foam: Virgin polystyrene beads closed cell with water absorption less than 3lbs./c.f. at seven days, when tested in accordance with ASTM C272. Dock access: Ramp/gangways to be all aluminum construction using an arched bridge truss design. High strength to weight ratio. Reinforcement gussets at all corners and connection points. Main structural component to be 2"tubing with radius corners. Handrails/Guard Rail 37"to 42"above walking surface. No sharp corners, burrs, etc. Ramp/gangways will meet ADA requirements where required with a minimum clear width of 5' and will include guardrail, handrail and kick plate. Infill pickets are available to improve safety if desired. Spacing is 4"OC. Rail shall be designed to accommodate a 250#concentrated load in any direction. Alternately guards shall be designed to resist a load of 50# per linear foot applied in any direction. Dock railing: Staircase and upper deck rails meet standard code with 4" centers for safety. Powder coat finish. Available in 36"to 42" height. Roof Panels-Commercial and Residential 26 Gauge R-Loc panels with a Valspar Weather X coating. 30 year limited panel warranty. Optional 35 year warranty upon request. Trimmed out& finished upper and lower perimeter edges. Color chart available. Bumpers: Vinyl Horizontal—All swim platforms or edges without vertical posts shall receive a P- shape,black rub rail fastened with stainless steel hardware. Vinyl horizontal corner bumpers provided at finished ends of P-shape rub rail. Frame Bumper— F x V polyethylene bumper,typically used around main frame perimeter concealing entire 10"band. Cleats: All cleats shall be 8" nylon. 10" cleats available if required. Cleats will be provided on each side of every boat slip. All parts of cleats should be smooth and incorporate large radii to ensure rope longevity. System Design: Main frame substructure consists of 2 1/4"x 10"heavy gauge E-channel integrated throughout. Floor joist spacing for aluminum decking 36"OC. For decking supplied by others 16"up to 24"OC. Floor joist material heavy weight 2 1/4"x 10" C-channel and 2 '/4"x 8"C-channel. Full 10"depth at post areas and braces. Reinforcement bracing at high stress areas, corners,and connection points. Roof support post constructed of 4"x 4"x 1/8"with radius corners 4"x 4"typically used for diagonal bracing where required for added strength and stability. Residential - Structural roof support posts shall be a maximum of 8' spacing for upper deck roofs and 10' spacing for gable and hip roofs. All purling material shall be of 6000 series heavy strength aluminum 2"x 2"tubing with all ends capped and shall be secured to C-channel truss system using stainless steel bolts,nuts and washers. Roof support posts shall be incorporated into 9" C-channel roof truss and 10" E-channel main frame using corner sleeve extrusions with a 1/8"wall thickness. Roof posts are secured in sleeves using double 3/8"stainless steel bolts and nylon lock nuts to give maximum anchorage and a secure connection. Commercial—Structural roof support posts shall be a maximum of 6' spacing to meet R- Loc panel requirements. All purling material shall be of 6000 series heavy strength aluminum 3"x 7"Z-beam and shall be secured to 4" support posts using stainless steel bolts,nuts and washers. Double diagonal gussets included at all post sleeve locations in main frame as well as additional gussets added at all high stress and tension locations such as ramp/gangway and anchoring attachment points. Size Requirements: Dock footprint shall meet square footage criteria regulated by permitting department. nW.R E. M. GREEN LINES INDICATE ADA PIS.BM PICKET RAUJTIO _... RED LINES INDICATE OATEN PR:KET RAR.JM NOTE: _ -------- — ------ — 9,4"POST O r r HEIGHT �_ O O ]up MAM\%% �/ =-=-D � zz Cn ----- 1'1 = O< o >----{ O - - '� � 0U) � two 1 1 mmm � Wz.L C7p K/ U)OCCn < D — K ss mr- ZD xCz 6'x35'ADA 6'COLLAR- 0 -u D RAMP W/ORABAR R POLE(TYP.) D = 0 h KICK PLATE Z C (_ m o � 1 � ; o 14 x8 m C0 I_QUALvrH Z m o0D *, 0 4{IN(iF Q m GYM ADA IiAIQ WIQAEA1L 6'x 18'DROP--' t KKX ILA18 DOWN PLATFORM 12"t OFF THE WATER HINGE FLOTATION SYSTEMS,INC.' I CUSTOMER: DEALER: I Drawing Date: 14-21 2700 ALABAMA HIGI IwAY 69 sou I I I Revision#: CULLMAN.AL 1 804711-1785 1 skoWnwnbooklocks.CO«, Meadow Lake Park FSI Rei ision Date: Scale:NTS 02000 PLANS, DETAILS AND NOTES If applicable. insert reference(s)to project plans; details; and notes