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Contract - Greystone Construction - 11/16/2023
t�- Xe3 BID COPY/ORIGINAL CITY OF ROUND ROCK ROUND ROCK TEXAS Project Manual For: Dell Diamond - Visitor's Clubhouse & Stadium Technology November, 2023 Prepared By: MSA Sport 316 W 4th Street Cincinnati,Ohio 45202 APPROVED BY CITYATTORNEY MSA SPORT PROJECT MANUAL City of Round Rock Dell Diamond—Visitor Clubhouse& Stadium Technology 3400 E Palm Valley Blvd. Round Rock, TX 78665 PROJECT MANUAL AND SPECIFICIATIONS November, 2023 MSA Project Number 22152.00 CONSTRUCTION PACKAGE Owner City of Round Rock 221 East Main Street Round Rock, TX 78664 Architect MSA Sport 316 W 4th Street Cincinnati, OH 45202 Civil Engineering 2P Consultants, LLC 203 Eeast Main Street, Suite 204 Round Rock, Tx 78664 Structural Engineering Walter P. Moore 1301 McKinney, Site 1100 Houston, TX 77010 MEP Engineering ME Engineering 4550 Post Oak Place, Suite 305 Houston, TX 77027 msaarchxom CINCINNATI I COLUMBUS I ORLANDO 855.241.5666 City of Round Rock, TX Dell Diamond Visitor Clubhouse& Stadium Technology MSA#22152.00 SECTION 00 01 10 - PROJECT MANUAL INDEX Division 0—Procurement and Contracting Requirements Section 00 01 10 Project Manual Index Section 00 02 00 Notice to Bidders Section 00 10 00 Instruction to Bidders Exhibit A Section 00 15 00 Questionnaire Section 00 20 00 Bid Bond Section 00 30 00 Proposal Form Section 00 41 00 Statement of Bidder's Safety Experience Section 00 50 00 Agreement Section 00 60 00 Insurance & Construction Bond Forms Performance& Payment Bond Instructions Insurance Instructions Performance Bond Payment Bond Certificate of Liability Insurance Section 00 70 00 General Conditions Section 00 80 00 Supplemental General Conditions Section 00 90 00 Special Conditions Division 1 —General Requirements Section 01 0000 Technical Specifications Section 01 1000 Summary of Work Section 01 2500 Substitution Procedures Substitution Request Form Section 01 2600 Contract Modification Procedures Section 01 2900 Payment Procedures Section 01 31 00 Project Management and Coordination Section 01 3200 Construction Progress Documentation Section 01 3233 Photographic Documentation Section 01 3300 Submittal Procedures Section 01 4000 Quality Requirements Section 01 4529 Structural Testing and Inspections Section 01 5000 Temporary Facilities and Controls Section 01 6000 Product Requirements Section 01 7300 Project Execution Section 01 7329 Cutting & Patching Section 01 7419 Construction Waste Management and Disposal Section 01 7700 Closeout Procedures Section 01 7823 Operations& Maintenance Data Section 01 7839 Project Record Documents Section 01 7900 Warranties Division 2—Existing Conditions Section 02 00 00 Plans, Details, and Notes Section 02 41 16 Structure Demolition Section 02 41 19 Selective Demolition PROJECT MANUAL INDEX 000110- 1 City of Round Rock,TX Dell Diamond Visitor Clubhouse & Stadium Technology MSA#22152.00 Division 3—Concrete Section 03 20 00 Concrete Reinforcing Section 03 30 00 Cast-In-Place Concrete Division 4—Masonry Section 04 01 10 Masonry Cleaning Section 04 20 00 Unit Masonry Division 5—Metals Section 05 12 00 Structural Steel Framing Section 05 31 00 Steel Decking Section 05 40 00 Cold-Formed Metal Framing Section 05 50 00 Metal Fabrications Division 6—Wood, Plastics, &Composites Section 06 10 53 Miscellaneous Rough Carpentry Section 06 12 13 Cementitious Reinforced Panels Section 06 16 00 Sheathing Section 06 40 23 Interior Architectural Woodwork Section 06 41 16 Plastic-Laminate-Clad Architectural Cabinets Section 06 64 00 Plastic Paneling Division 7—Thermal & Moisture Control Section 07 54 23 Thermoplastic Polyolefin (TPO) Roofing Section 07 14 13 Hot Fluid-Applied Rubberized Asphalt Waterproofing Section 07 14 16 Cold Fluid Applied Waterproofing Section 07 18 00 Traffic Coatings Section 07 21 00 Thermal Insulation Section 07 26 29 Below-Grade Vapor and Gas Retarders Section 07 27 13 Modified Bituminous Sheet Air Barriers Section 07 42 13.19 Insulated Metal Wall Panels Section 07 26 00 Sheet Metal Flashing and Trim Section 07 72 00 Roof Accessories Section 07 81 00 Applied Fireproofing Section 07 84 13 Penetration Firestopping Section 07 84 43 Joist Firestopping Section 07 91 00 Preformed Joint Seals Section 07 92 00 Joint Sealants Section 07 95 13.13 Interior Expansion Joint Cover Assemblies Division 8—Openings Section 08 71 00 Door Hardware Section 08 11 13 Hollow Metal Doors and Frames Section 08 14 16 Flush Wood Doors Section 08 31 13 Access Doors and Frames Section 08 43 13 Aluminum-Framed Storefronts Section 08 80 80 Glazing Section 08 83 00 Mirrors Section 08 90 00 Fixed Louvers PROJECT MANUAL INDEX 000110-2 City of Round Rock,TX Dell Diamond Visitor Clubhouse& Stadium Technology MSA#22152.00 Division 9—Finishes Section 09 21 16.23 Gypsum Board Shaft Wall Assemblies Section 09 22 16 Non-Structural Metal Framing Section 09 26 13 Gypsum Veneer Plastering Section 09 29 00 Gypsum Board Section 09 30 13 Ceramic Tiling Section 09 51 00 Acoustical Ceilings Section 09 65 13 Resilient Base and Accessories Section 09 65 19 Resilient Tile Flooring Section 09 65 66 Resilient Athletic Flooring Section 09 68 13 Tile Carpeting Section 09 84 36 Sound-Absorbing Ceiling Unit Section 09 91 23 Interior Paint Division 10—Specialties Section 1021 13.13 Plastic Toilet Compartments Section 10 26 00 Wall and Door Protection Section 10 28 00 Toilet, Bath, and Laundry Accessories Section 10 44 00 Fire Protection Specialties Section 10 44 13 Fire Protection Cabinets Section 10 51 16 Wood Lockers Division 12 -Furnishings Section 12 36 61.16 Solid Surfacing Countertops & Paneling Division 21 — Fire Suppression Section 21 05 00 Common Work Results For Fire Suppression Section 21 08 00 Commissioning Of Fire Suppression System Division 22—Plumbing Section 22 05 00 Common Work Results For Plumbing Section 22 07 00 Plumbing Insulation Section 22 08 00 Commissioning Of Plumbing Section 22 10 00 Plumbing Piping Section 22 21 23 Natural Gas Systems Section 22 30 00 Plumbing Equipment Section 22 40 00 Plumbing Fixtures Section 22 90 00 Plumbing Project Closeout Division 23—Heat,Ventilating &Air Conditioning Section 23 05 01/26 05 01 Mechanical And Electrical Coordination Section 23 05 02 Basic Mechanical Requirements Section 23 05 03 Basic Mechanical Materials And Methods Section 23 05 13 Motors And Starters Section 23 05 21 Pipe And Pipe Fittings Section 23 05 22 Piping Accessories Section 23 05 23 Valves Section 23 05 29 Pipe Supports And Anchors PROJECT MANUAL INDEX 000110- 3 City of Round Rock, TX Dell Diamond Visitor Clubhouse& Stadium Technology MSA#22152.00 Section 23 05 48 Vibration Control Section 23 05 53 Mechanical Identification Section 23 05 93 Test-Adjust-Balance Section 23 07 00 Mechanical Insulation Section 23 08 00 Commissioning of HVAC Section 23 09 00 Building Automation and Automatic Temperature Control Systems Section 23 23 00 Refrigerant Piping Section 23 31 13 Ductwork Section 23 33 00 Ductwork Accessories Section 23 34 00 Fans Section 23 36 00 Air Terminal Units Section 23 37 00 Air Inlets And Outlets Section 23 72 00 Heat Recovery Equipment Section 23 73 13 Air Handling Units With Coil Section 23 81 26 Split System Air Conditioners Section 23 82 39 Heating Terminal Units Section 23 90 00 Project Closeout Division 26—Electrical Section 26 05 00 Electrical Requirements Section 26 05 01/23 05 01 Mechanical And Electrical Coordination Section 26 05 03 Manufacturers Section 26 05 05 Electrical Demolition And Relocation Section 26 05 10 Testing And Certification Section 26 05 19 Electrical Power Conductors And Cables Section 26 05 26 Grounding And Bonding Section 26 05 29 Hangers And Supports Section 26 05 33 Raceways And Boxes Section 26 05 49 Vibration Controls For Electrical Systems Section 26 05 53 Identification Section 26 05 73 Electrical Studies Section 26 09 43 Lighting Control System Section 26 22 13 Low-Voltage Distribution Transformers Section 26 24 16 Panelboards Section 26 27 26 Wiring Devices Section 26 28 16 Enclosed Switches, Fuses And Circuit Breakers Section 26 29 13 Enclosed Motor Controllers Section 26 41 13 Lightning Protection For Structures Section 26 43 14 Surge Protective Device (Spd) Section 26 50 00 Lighting Fixtures Section 26 90 00 Project Closeout Division 27—Communications Section 27 05 00 Common Work Results For Communications Section 27 05 26 Telecommunications Grounding And Bonding Section 27 05 33 Telecommunications Raceways And Boxes Section 27 05 43 Underground Ducts, Raceways And Manholes Section 27 11 00 Communications Equipment Room Fit-Out Section 27 13 23 Communications Optical Fiber Backbone Cabling Section 27 15 00 Communications Horizontal Cabling Section 27 33 53 Technology Uninterruptable Power Supply (Ups) Section 27 41 00 Audio Video Systems PROJECT MANUAL INDEX 000110-4 City of Round Rock, TX Dell Diamond Visitor Clubhouse & Stadium Technology MSA#22152.00 Division 28—Electronic Safety and Security Section 28 00 00 Security Systems-General Section 28 13 00 Access Control System Section 28 23 00 Video Surveillance System Section 28 46 00 Addressable Fire Alarm System Division 31 - Earthwork Section 31 23 00 Excavation and Fill END OF PROJECT MANUAL INDEX PROJECT MANUAL INDEX 000110- 5 Notice to Proposers Pursuant to the provisions of Texas Local Government Code, Section 2269.056, it is the intention of the City of Round Rock to select,via the Request for Proposal,to select a Prime Contractor by using the Competitive Sealed Proposal process for the construction of the Dell Diamond—Visitor's Clubhouse& Stadium Technology as generally described herein.The project includes 8,441 SF Visitor Clubhouse Construction located at 3400 E Palm Valley Blvd,Round Rock, TX 78665.Estimated construction budget is$5,000,000. Proposals are required to be submitted through the City's procurement portal"Bonfire"at: https:Hroundrocktexas.bonfirehub.com.Proposals must be electronically submitted in sufficient time so as to be received on or before the time and date shown on this Request. It is the sole responsibility of the Proposer to ensure the timely submittal of the Proposal. Bonfire will no longer accept Proposals after October 13th,2023. No oral,telegraphic,or facsimile proposals will be accepted. No late proposals will be accepted. No proposals may be withdrawn after the scheduled proposal deadline. All proposals received after the scheduled proposal deadline cannot be considered and will not be accepted. Proposals are to include the specific qualification information requested in the sequence and format prescribed in the Proposal Packet that may be obtained from https://roundrocktexas.bonfirehub.com. The proposal packets will be available beginning September 15te,2023. A pre-proposal meeting will be held online via Teams Join a Microsoft Teams Meeting by ID I Microsoft Teams Meeting ID: 222 914 191 890 Access code: wMRd7d)on September 26,2023,at 10:00 AM Central Time.Attendance is encouraged,but not required.The architect/engineer and owner's representative will be present to discuss the project. Proposals received will be opened and publicly displayed on Bonfire,in the form of a"Bid Tab"and available through Bonfire shortly after the Proposal deadline.Proposals will be publicly opened and read aloud at 2:00 PM on October 13, 2023 online via Teams Join a Microsoft Teams Meeting by ID I Microsoft Teams Meeting ID: 237 188 442 550 Passcode: BoBEAj . Each proposal must be accompanied by a cashier's check or acceptable bond payable to the City of Round Rock in an amount not less than five percent(5%)of the total proposed contract sum,plus alternates as submitted. The successful proposer will be required to furnish payment bonds and performance bonds in amounts equal to one hundred percent(100%)of the contract sum,in accordance with chapter 2253 of the Texas government Code,within five (5)days of award of contract. Selection of the successful Proposer will be based on the selection criteria set forth in the instructions to proposers. In case of ambiguity,duplication or obscurity in the proposals,The City of Round Rock reserves the right to reject any and/or all proposals and waive any informalities and irregularities in any and/or all proposals received in Bonfire. Contractors and subcontractors shall pay to laborers,workman and mechanics the prevailing wage rates as determined by the City of Round Rock Publication Dates: Austin American Statesmen Round Rock Leader 1. 09/17/2023 1.09/17/2023 2. 09/24/2023 2. 09/24/2023 00100 INSTRUCTION TO PROPOSERS Citv of Round Rock,Texas Instructions to Proposers: Section 00100 INSTRUCTIONS TO PROPOSERS Dell Diamond -Visitor's Clubhouse& Stadium Technology 1.1 RELATED DOCUMENTS A. Drawings and general provisions of the contract forms, including General Conditions and Supplemental General Conditions and other specification sections, are applicable documents. 1.2 DEFINITIONS A. All definitions set forth in the General Conditions and Supplemental General Conditions, in Round Rock's "Standard Form of Agreement between Owner and Contractor," and in other contract documents are applicable to these proposal documents. B. Proposals are required to be submitted through the City's procurement portal "Bonfire" at: https://roundrocktexas.bonfirehub.com. Proposal documents include the Request for Competitive Sealed Proposals for Construction Services, Instructions to Proposers,Proposal Form, sample bond and contract forms, and the proposed contract documents including any addenda issued prior to receipt of proposals. C. Addenda are written or graphic instruments issued prior to the close date in Bonfire of the proposals which modify or interpret the proposal documents (including drawings and specifications) by additions, deletions, clarifications, or corrections. Addenda become part of the contract documents when the Standard Form of Agreement between Owner and Contractor is executed. D. The City of Round Rock may be referred to in the proposal documents as Owner. E. A proposal is a complete and properly signed proposal to do the Work for the sums stipulated therein, submitted in accordance with the proposal documents. F. The base contract sum is the sum stated in the proposal for which the Proposer offers to perform the work described in the proposal documents as the base, to which work may be added or from which work may be deleted, for sums stated in alternate proposals, if alternate proposals are required. G. An alternate proposal(or alternate) is an amount stated in the proposal to be added to or deducted from the amount of the base contract sum and the corresponding change in the work, as described in the proposal documents or in the proposed contract documents. H. A unit price is an amount stated in the proposal as a price per unit of measurement for materials or service as described in the proposal documents or in the proposed contract documents. I. A Proposer is a person or entity who submits a proposal. J. A subcontractor is a person or entity who submits a proposal to a Proposer for materials or labor for a portion of the Work. K. The Contractor is the person or entity that has been determined to provide the best value for Owner based on Owner's Selection Criteria and its ranking evaluation, and to whom Owner awards the contract. L. Contract refers to the City of Round Rock's"Standard Form of Agreement between Owner and Contractor." 1.3 EXAMINATION OF DOCUMENTS AND SITE A. Each Proposer, by making a proposal, represents that she/he has read and understands the proposal documents. B Each Proposer, by making a proposal, represents that she/he has visited the site, performed investigations and verifications as she/he deems necessary, and familiarized her/himself with the local conditions under which the Work is to be performed, and will be responsible for any and all errors in her/his proposal resulting from failure to do so. C. The location and elevations of the various utilities and pipe work included within the scope of the Work are offered as a general guide only,without guarantee as to accuracy. The Proposer shall verify and investigate to her/his own satisfaction the location and elevation of all utilities, pipe work, and the like and shall adequately inform her/himself of their relation to the work before submitting a proposal. D. Before electronically submitting a proposal in Bonfire each Proposer will, at Proposer's own expense, make or obtain any additional examinations, investigations,explorations,tests and studies and obtain any additional information (surface, subsurface, and underground facilities) at or contiguous to the site, or otherwise,which may affect cost,progress,performance or furnishing of the Work and which Proposer deems necessary to determine her/his proposal for performing and furnishing the Work in accordance with the time, price and other terms and conditions of the contract documents. E. On request in advance, Owner will provide each Proposer access to the site to conduct explorations and tests as each Proposer deems necessary for submission of a proposal. Proposer shall fill all holes, clean up, and restore the site to its former condition upon completion of such explorations. F. The lands upon which the Work is to be performed,all rights-of way and easements for access thereto, and other lands designated for use by Contractor in performing the Work are identified in the contract documents. G. Each Proposer,by making her/his proposal,represents that her/his proposal is based upon the materials, systems, and equipment required by the proposal documents without exception. 1.4 PROPOSAL DOCUMENTS A. Complete sets of proposal documents shall be used in preparing proposals; neither Owner nor the Architect or Engineer assumes any responsibility for errors or misinterpretations resulting from use of incomplete sets of proposal documents. B. Owner or the Architect or Engineer, in making copies of the proposal documents available on the above terms, do so only for the purpose of obtaining proposals on the Work and do not confer a license or grant for any other use. 1.5 PROPOSAL PROCEDURES A. All proposals shall be prepared on the Proposal Form provided by the Architect or Engineer and submitted in accordance with these Instructions to Proposers. Proposers shall provide all requested information. B. A proposal is invalid if it has not been submitted through the City's procurement portal "Bonfire" at: https://roundrocktexas.bonfirehub.com indicated in the Request for Competitive Sealed Proposals for Construction Services and/or the Notice to Proposers [included at Section 00020 of the Project Manual], or prior to any extension thereof issued by addenda to the proposers. Proposals must be electronically submitted in sufficient time so as to be received on or before the time and date shown on this Request. It is the sole responsibility of the Proposer to ensure the timely submittal of the Proposal. Proposals received after submission deadline will be considered unacceptable and shall be considered void C. Unless otherwise provided in any supplement to these Instructions to Proposers,no proposer shall modify,withdraw, or cancel her/his proposal or any part thereof for one hundred twenty(120)days after the time designated for the receipt of proposals in the Request for Competitive Sealed Proposals for Construction Services. D. Proposals shall not contain any recapitulation of the Work to be done. E. Proposers shall make no additional stipulations on the Proposal Form,nor limit,nor qualify proposals in any other manner. Proposals so qualified will be subject to disqualification. F. Itemized Bids and listed Key Subcontractors are due three (3) business days after bid opening or by 10/18/2023 at 5:00 PM CT. Itemized bids must be submitted on the form included with the proposal documents and include a breakdown of major divisions of construction and key Subcontractors list. Key Subcontractors can be described as a licensed trade, any Subcontract totaling 3%or more of the proposed contract sum, or a critical path Subcontractor. Itemized Bids must be emailed to buildingconstruction@roundrocktexas.gov, by the date described herein. Email with read receipt is advised. G. Owner shall never be held responsible for lateness of submissions or electronic submittal errors in Bonfire. 1.6 DISCREPANCIES AND AMBIGUITIES A. Each proposer shall examine the proposal documents carefully and,not later than, 2:00 PM on October 3,2023, shall make a request,via Bonfire and Bonfire only, to the Owner for questions, interpretations,or corrections of any ambiguity, inconsistency, or error therein.Any interpretations, corrections and changes to proposal documents or extensions to the opening date will be made by addenda to the proposal documents by Owner and communicated publicly through: https://roundrocktexas.bonfirehub.com Sole authority to authorize addenda shall be vested in the Owner.All responses will be sent via addenda,prior to bid closing,through Bonfire and Bonfire only. Proposers shall acknowledge receipt of all addenda in Bonfire. It shall be the Proposer's sole responsibility to insure receipt of all addenda before proposal submission in Bonfire. 1.7 SUBSTITUTIONS A. Each Proposer represents that her/his proposal is based upon the materials and equipment described in the proposal documents. B. No substitution will be considered unless written request has been submitted to the Owner for approval not later than 10/03/2023. C. If the Architect or Engineer and Owner approve a proposed substitution, such approval will be set forth in an addendum. D. Substitutions not submitted and approved by 10/03/2023 may be added as a Voluntary Alternate and submitted at time of bid on the proposal form. 1.8 QUALIFICATION OF PROPOSERS A. Every Proposer shall submit with her/his proposal a properly executed Questionnaire. B. Proposers may be disqualified, and their proposals not considered for, by way of illustration but not by way of limitation, any one or more of the following reasons: I. Reasonable information or belief that collusion exists among Proposers; 2. Proposer being interested in any manner in any litigation involving Owner; 3. Proposer being in arrears on any existing contract or having defaulted on any previous contract. 4. Lack of competency as revealed by the financial statement, experience and equipment,Questionnaire, or qualification statement; 5. Uncompleted work which in the judgment of Owner will prevent or hinder the prompt completion of additional work if awarded. 1.9 PREPARATION OF PROPOSAL A. Proposer shall submit her/his proposal on the Proposal Form furnished as part of the proposal documents in the required format. All blank spaces in all forms shall be correctly filled in and the Proposer shall state the prices,written in words and in figures. Where there is a discrepancy between the price written in words and the price written in figures, the price written in words shall govern. If the proposal is submitted by an individual,that person's name must be signed by that person or by that person's duly authorized agent. If the proposal is submitted by a firm, association or partnership, the name and address of each member must be given, and the proposal must be signed by an official or duly authorized agent. Powers of Attorney which authorize agents or others to sign proposals must be properly certified and must be in writing and submitted with the proposal. 1.10 PROPOSAL SECURITY A. Each proposal must be accompanied by proposal security made payable to Owner in an amount of five percent(5%) of the Proposer's maximum proposal price; and same shall be in the form of a cashier's check or a Proposal Bond, duly executed by Proposer as principal and having as surety thereon a corporate surety authorized and admitted to do business in the state of Texas and licensed to issue such bond, as a guarantee that Proposer will enter into the City's contract and execute the required Performance and Payment Bonds within five (5) days of Owner's award of contract. B. The Proposal Security will be retained until such Proposer has executed the Standard Form of Agreement between Owner and Contractor, and furnished the required bonds,whereupon the proposal security will be returned. If Proposer fails to execute and deliver the Standard Form of Agreement between Owner and Contractor and furnish the required bonds within five (5) days of Owner's award of contract, Owner may annul the award of contract. In that event, the proposal security of that Proposer will be become the property of Owner, not as a penalty but as liquidated damages. Owner reserves the right to award the contract to the next-ranking Proposer based on Owner's evaluations of the proposal, as Owner deems it to be in the best interests of Owner. The proposal security of the other proposers whom Owner believes to have a reasonable chance of receiving the award may be retained by Owner until the earlier of the seventh (7') day after the effective date of the Standard Form of Agreement between Owner and Contractor or the one hundred twentieth(120t')day after the proposal.opening,whereupon the proposal security furnished by such proposers will be returned. C. Owner has the right to retain the proposal security of all Proposers until either: 1. The Standard Form of Agreement between Owner and Contractor has been executed and the bonds have been furnished, or 2. The specified time has elapsed so that proposals may be withdrawn, or 3. All proposals have been rejected. 1.11 PERFORMANCE BOND&LABOR&MATERIAL PAYMENT BOND A. Contractor shall post with Owner, within five (5) days of Owner's award of contract, a Performance Bond in the amount of one hundred percent(100%) of the total contract price in such form as is deemed satisfactory by Owner. This bond shall be executed by a corporate surety company duly authorized and admitted to do business in the state of Texas and licensed to issue such bond in the state. B. Contractor shall post with Owner, within five (5) days of Owner's award of contract,a Payment Bond in the amount of one hundred percent(100%)of the total contract price in such form as is deemed satisfactory by Owner. This bond shall be executed by a corporate surety company duly authorized and admitted to do business in the state of Texas and licensed to issue such bond in the state. C. In addition to the above requirements, if the amount of any bond exceeds One Hundred Thousand and No/100 Dollars ($100,000.00), then the surety on such bond 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 Texas 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 on the bond or the reinsurer holds a certificate of authority from the United States Secretary of the Treasury, Owner may conclusively rely on the list of companies holding certificates of authority as acceptable sureties on federal bonds and as acceptable reinsuring companies published in the Federal Register by the United States Department of the Treasury covering the date on which the bond was executed. D. Contractor must file, along with the Performance Bond and Payment Bond, all documents and information necessary to establish that the agent signing the bond is authorized to write the bond in the amount requested and, if applicable, that reinsurance requirements have been met, including limits and ratings or other evidence of company solvency. E. If the corporate surety company on any bond furnished by Contractor to Owner is declared bankrupt or becomes insolvent or such corporate surety company's right to do business in the state of Texas is revoked,then Contractor shall within five(5) days thereafter substitute another bond and corporate surety company, both of which must be deemed acceptable by Owner. 1.12 FILING PROPOSAL A. No proposal will be considered unless it is filed with Owner within the time limit for receiving proposals as stated in the Request for Competitive Sealed Proposals and/or the Notice to Proposers [included at Section 00020 of the Project Manual]. Each proposal is required to be submitted through the City's procurement portal" Bonfire"at: https:Hroundrocktexas.bonfirehub.com . 1.13 MODIFICATION AND WITHDRAWAL OF PROPOSAL A. No proposal may be withdrawn or modified after the proposal closing except where the award of the contract has been delayed beyond one hundred twenty (120)days after date of proposal opening. 1.14 IRREGULAR PROPOSAL A. Proposals will not be considered if they show any omissions, alterations of form, additions, conditions not requested, unauthorized alternate proposals, or irregularities of any kind. However, Owner reserves the right to waive any irregularities and to make the award in the best interests of Owner. 1.15 REJECTION OF PROPOSAL A. Proposer acknowledges the right of Owner to reject any or all proposals and to waive any informality or irregularity in any proposal received. In addition, Proposer recognizes the right of Owner to reject a proposal if Proposer failed to furnish any required proposal security, or to submit the data required by the proposal documents, or if the proposal is any way deemed incomplete or irregular. 1.16 SELECTION CRITERIA AND OWNER EVALUATION A. Owner intends to award the contract to the Proposer whose proposal represents the best value to Owner according to the selection criteria and the relative weighting set forth herein. The selection criteria that Owner will use in selecting the successful Proposer and the relative weighting of such criteria are as follows: Selection Criteria a) Price: The quoted price, cost methodology, alternatives proposed, and markup for changes. (Total 40pts.) b) Past Projects with References Listed: 1) Has the proposer performed local projects (local is defined as the Austin-Round Rock MSA) if yes, projects listed? 2) Are there governmental clients listed (with contact information) and was the project overall a positive experience for those clients? 3)Are the projects presented equal or greater in complexity,scope, and dollar value when compared with the proposed project? 4) Was the completion of similar projects completed according to the construction schedule(scheduled construction dates included)? (Total 20pts.) c) Company and Construction Team Qualifications: 1) Is the company competent, financially stable, and experienced to complete the proposed project? 2)Has the project manager and superintendent been successful in managing projects of similar size, complexity, and scope as the proposed 1 project? 3)Do the construction team's resumes reflect technical knowledge and practical experience managing and constructing projects, equal to the proposed project? 4) Has this team worked together on previous projects? List the projects. What was the team's contribution to making the previous projects successful? Provide previous project Owner and Architect contact information. Describe why you think the proposed team is the best fit for this project. (Total 20pts.) d) Project Plan, Approach and Quality Control: 1) Are all project steps clearly identified, in a logical order, and does the schedule meet the City's needs? 2)Does the company have a valid contingency plan if delays occur and the ability to execute that plan? 3) Can the company complete the project within the schedule and accomplish existing commitments? 4) Is the proposed program for quality control sound and specifically related to the project? (Total 20pts.) B. Proposals shall be publicly opened, and the names of each Proposer shall be read aloud, together with all prices stated in each proposal. Proposals will be publicly opened and read aloud at 2:00 PM on October 13, 2023 online via Teams Join a Microsoft Teams Meeting by ID I Microsoft Teams Meeting ID: 237 188 442 550 Passcode: BoBEAJ . C. Within forty-five(45)days after the proposals are opened, Owner or its designated representatives shall evaluate and rank each proposal submitted in relation to the published selection criteria and weighting. D. Owner will initially attempt to negotiate a contract with the first ranked Proposer. If Owner does not require any modifications to the scope, time, or price, then the first ranked Proposer shall execute the Standard Form of Agreement between Owner and Contractor, as awarded. If for any reason Owner is unable to reach contract execution with the first ranked Proposer, then Owner will give written notification to that Proposer that negotiations are ended and will then proceed to negotiate with the next ranked Proposer in the order of selection ranking until such time as a contract is reached or all proposals are rejected. Proposals may be rejected at any time. 1.17 EXECUTION OF CONTRACT A. No contract shall be binding on Owner until it has been executed by Owner or its duly authorized representative,and same delivered to Contractor. 1.18 FAILURE TO EXECUTE CONTRACT A. The failure of the Proposer to execute the required bonds or to sign the required contract within five (5) days after the Contractor is notified that the scoring committee has selected them as the Vt choice contractor shall be considered by Owner as abandonment of the proposal, and Owner may rescind the notice. 1.19 PURCHASE ORDER A. Purchase order(s) shall be generated by Owner to Contractor. The purchase order number must appear on all itemized invoices. 1.20 NOTICE TO PROCEED A. Upon the execution of bonds and contract, Owner will issue a written Notice to Proceed to Contractor requesting that she/he proceed with construction and establishing the commencement of the contract time; thereafter, Contractor shall commence work within ten(10)calendar days after the date of Notice to Proceed. 1.21 CONSTRUCTION SCHEDULE A. The time for completion is up to 365 calendar days from the notice to proceed letter and such deadline for completion will be included in the Standard Form of Agreement between Owner and Contractor. 1.22 LIQUIDATED DAMAGES A. Should Contractor fail to achieve completion of the work within the specified completion schedule, then the sum of Five Thousand and No/100 Dollars ($5,000.00) per calendar day of delay will be deducted from the monies due Contractor for the work,and such sums shall be reasonable liquidated damages due to the impracticability or impossibility of ascertaining the actual damages. 1.23 PERMITS A. Contractor shall be responsible for obtaining all necessary permits. 1.24 MATERIALS TESTING A. Owner will be responsible for providing or contracting for inspection services and materials testing, all in accordance with Texas Local Government Code §271.116(c) and any other applicable statutes. 1.25 WAGE SCALE A. In accordance with V.T.C.A.,Government Code,Title 10, §2258"Prevailing Wage Rates," the general prevailing wage rate has been determined for this locality for the craft or type of worker needed to execute work of a similar'character to the project listed herein. Contractor shall pay the prevailing wage rate in this locality to all employees and subcontractors performing work on this project, and in no event shall Contractor pay less than the rate shown in the following schedule: Except for work on legal holidays,the"General Prevailing Rate of Per Diem Wage" for the various crafts or type of workers or mechanics is the product of (a) the number of hours worked per day, except for overtime hours, times (b) the above respective rate per hour. B. For legal holidays,the"General Prevailing Rate of Per Diem Wage"for the various crafts or type of workers or mechanics is the product of(a)one and one-half times the above respective rate per hour, times (b) the number of hours worked on the legal holiday. C. For overtime work,the"General Prevailing Rate of Per Diem Wage"for the various crafts or type of workers or mechanics is the product of(a) one and one-half times the above respective rate per hour, times (b) the number of hours worked on overtime. D. Under the provisions of V.T.C.A., Government Code, Title 10, §2258 "Prevailing Wage Rates,"Contractor or subcontractor of Contractor shall forfeit as a penalty to the entity on whose behalf the contract is made or awarded, the sum of Sixty and No/100 Dollars ($60.00) for each calendar day, or portion thereof, that the worker is paid less than the wage rates stipulated in the contract. E. If the construction project involves the expenditure of federal funds in excess of Two Thousand and No/100 Dollars ($2,000.00), then the minimum wages to be paid various classes of laborers and mechanics will be based upon the wages that will be determined by the Secretary of Labor to be prevailing for the corresponding classes of laborers and mechanics employed on the project of a character similar to the contract work. 1.26 MISCELLANEOUS PROVISIONS A. Any quantities given in any portion of the contract documents, including the 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. B. Contractor shall not commence work until she/he has furnished certification of all insurance required and such has been approved by the City of Round Rock, nor shall Contractor allow any subcontractor to commence work on her/his subcontract until proof of all similar insurance that is required of the subcontractor has been furnished and approved. The certificate of insurance form included in the contract documents must be used by Contractor's insurer to furnish proof of insurance. C. Proposals shall be submitted on a separated contract basis. No Texas sales tax shall be included in the prices proposed for materials consumed or incorporated into the finished product under this contract. This contract is issued by an organization that is qualified for exemption pursuant to the provisions of§151.309(5) of the Texas Tax Code. The City of Round Rock will issue an exemption certificate to Contractor. Contractor must then issue a resale certificate to the material supplier for materials purchased. Contractor must have a valid sales tax permit in order to issue a resale certificate. In obtaining consumable materials, Contractor will issue a resale certificate in lieu of payment of sales tax,and the following conditions shall be observed: 1. The contract will transfer title of consumable,but not incorporate,materials to the City at the time and point of receipt by Contractor; 2. Contractor will be paid for these consumable materials by the City of Round Rock as soon as is practicable. Payment will not be made directly, but considered subsidiary to the pertinent item. 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 of Round Rock must be notified as soon as possible of the receipt of these materials so that an inspection can be made by the City's representative. Where possible,the materials will be labeled as the property of the City of Round Rock. D. If Proposer's insurance company is authorized, pursuant to its agreement with Proposer, to arrange for the replacement of a loss rather than by making a cash payment directly to the City of Round Rock, the insurance company must furnish or have furnished by Proposer a Performance Bond in accordance with §2253.021(b), Texas Government Code, and a Payment Bond in accordance with §2253.021(c), Texas Government Code. Format of Submitted Proposal Cover Sheet Tab A. Bind Bond Tab B. Proposal Form Tab C. Questionnaire 1. Basic information 2. Organization 3. Experience Tab labeled 3.1) Insert Current Project List Tab labeled 3.2) Insert Past Project List Tab labeled 3.5) Insert Claims and Suits Explanation Tab labeled 3.6) Insert up to ten projects constructed inside Austin-Round Rock MSA Tab labeled 3.7) Insert 00410 Statement of Bidders Safety Experience and attached OSHA 200/300 Logs 4. Financial Information Tab labeled 4.1) Insert Financial Statement or provide in sealed envelope Tab labeled 4.7) Insert Certificate of Insurance(s) 5. Proposed Personnel Tab labeled 5.1)Insert Personnel Resumes Tab labeled 5.2) Insert Team Projects 6. Proposed Plan, Schedule, and Quality Control Program Tab labeled 6.8) Insert Construction Schedule 7. Ability to Meet Project Schedule Questionnaire Signature/Acknowledgment EXHIBIT "A" FORM 1295 INSTRUCTIONS Pursuant to Section 2252.90 of the Texas Government Code, as of January 1, 2016,any business entity entering into a contract with a local government that requires approval of the governing body must submit a disclosure of interested parties (Form 1295)to the local 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 files a Form 1295 with the City Clerk. Please follow the instructions below to file your Form 1295 with the TEC and the City of Round Rock: • Upon being notified of a bid award,the award recipient("business entity")must go to the following website: https://www.ethics.state.tx.us/filinizinfo/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@roundrocktexas.gov as soon as it is completed.DO NOT send the form back to the Purchasing Department,Project Manager, or mail it with signed original agreements/contracts. ✓ The City Clerk only has 30 days from receipt to acknowledge the form in the TEC system. If you do not return it to the City Clerk promptly,and the 30 days has expired when she receives it,you WILL have to complete another one. • A new Form 1295 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: mspinksproundrocktexas.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/FAQs/FAQ_Form I 295.php Revised 10/27/2021—M.Spinks Page 1 of 1 CERTIFICATE OF INTERESTED PARTIES FORM 1295 1 of 1 Complete Nos.1-4 and 6 if there are interested parties. OFFICE USE ONLY Complete Nos.1,2,3,5,and 6 if there are no interested parties. CERTIFICATION OF FILING 1 Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number: of business. 2023-1087355 Greystone Construction Company Shakopee, MN United States Date Filed: 2 Name of governmental entity or state agency that is a party to the contract for which the form is 10/25/2023 being filed. City of Round Rock,TX Date Acknowledged: 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract,and provide a description of the services,goods,or other property to be provided under the contract. 000000 Dell Diamond Visitor's General Construction Services 4 Nature of interest Name of Interested Party City,State,Country(place of business) (check applicable) Controlling I Intermediary O'Brien, Kevin Shakopee,MN United States X Schmitz,Gordon New Prague, MN United States X Bender,Eric Shakopee,MN United States X O'Brien,Colin Shakopee, MN United States X 5 Check only if there is NO Interested Party. ❑ 6 UNSWORN DECLARATION My name is G7�r y �/y�i�/G and my date of birth is My address is � ���t���S /�►u�P �O¢Qrs (street) (city) (state) (zip code) (country) rY I declare under penalty of perjury that the foregoing is true and correct. r //�� Executed in SRO� on the County, State of �/" day of !/Lf 20/Z3 (month) (year) Sig ture of authorized agent of contracting business entity (Declarant) Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V3.5.1.9b4369cc 00150 QUESTIONNAIRE City of Round Rock, Texas Questionnaire: Section 00150 Request for Competitive Sealed Proposals for Construction Services Round Rock, Texas 78664 QUESTIONNAIRE Please provide the following information in the same sequence and in the same format contained herein.This form may be retyped at the proposer's option.Supplemental materials providing additional information in response to any question may be attached(and must be numbered to correspond to the number of the question),but the information requested below is to be provided in this format. 1. Basic Information: 1.1 Name of organization: Greystone Construction Company 1.2 Address of principal office: Principal Office: 2995 Winners Circle Drive #200, Shakopee, MN 55379 Texas Office: 409 West Main Street#202, Round Rock TX 78664 1.3 Telephone number and facsimile number of principal office: Principal Office Phone: 952-496-2227 1 Fax: 952-445-4191 Texas Office Phone: 512-348-1038 1 Fax: 512-485-1156 1.4 Form of business organization(e.g., corporation, partnership,joint venture): Corporation 1.5 Year founded: 1987 1.6 Individual named as primary contact(including telephone number if not at principal office): Joshua Dyer, Project Manager Phone: (512) 965-1832 Email: jdyer@greystoneconstruction.com 2. Organization: 2.1 How many years has your organization been in business in construction in its current capacity? 36 2.2 How many years has your organization been in business under its present name? 36 2.3 Under what other former names has your organization ever operated? No other names 2.4 If your organization is a corporation, answer the following: (a) date and state of incorporation, and(b)names and titles of all corporate officers. a) April 21, 1987 b) Kevin O'Brien, CEO / Principal Gordie Schmitz, President / Principal Eric Bender, VP of Construction Operations / Principal Brian Kreuser, VP of Construction Execution / Principal Colin O'Brien, VP of Business Development / Principal Gary Grahek, CFO 2.5 If your organization is a partnership, answer the following: (a) date of organization; (b) type of partnership(if applicable); and(c)the names of all general partner(s). N/A 2.6 If your organization is individually owned, answer the following: (a) date of organization; and(b)name of owner. N/A 2.7 If the form of your organization is other than those listed above: (a)describe it; and(b) name the appropriate owners, officers,principals, etc. N/A 2.8 Is your organization authorized to do business in Texas? Yes 3. Experience: 3.1 Current Work: Attach a list of all projects your organization is currently constructing. The following pages include a full list showing all our work in progress throughout the United States. We have highlighted several current projects here: Club Car Wash a) Name: Club Car Wash b) Location: Balcones Heights, Texas c) General nature of project: New, ground-up construction of car wash facility d) Construction procurement method(e.g., competitive bid): Competitive, hard bid e) Nature of services: General contractor f) Contract amount: $2,438,183 g) Size in square feet: 5,026 SF, 0.96-acre site h) Percent complete: 20% i) Scheduled completion date: March 2024 j) Owner contact: Justin Barnes, VP of Development& Construction, Club Car Wash, jbarnes(a-clubcarwash.com, 573-999-5178 k) Architect contact: Larry Saunders, Lique Design Studio, larry(a_ligue.us, 210- 722-4948 i Vi1r Work in Progress Greystone Construction Type/Year Project# Project Description /Location Contract Amount % Complete GC20 9460/65 OLMC Steeple Restorat on $1,383,317 930% GC21 9740 Pillars of Lakeville Senior Housing S18,941,220 100% GC21 4100 Rahr-3rd Street Annex Building $2,068,711 94% GC21 4170 By The Yard-Warehouse Addition $5,548,678 100% GC21 4270 OMRY Canterbury $30,399,357 87% FS21 4470 Howard County, MD-Compost Building $770,110 100% GC21 4580 Aa Partners Chemical,Seed,Shop, Office-Elgin. $10,309,860 100% GC21 4590 W Wisconsin Ag Supply Chemical WH- $6,964,581 99% GC21 4630 Bubble Barn Car Wash-Lakeville, MN $2,202,162 98% GC22 4640 Mayo Clinic Ambulance SeRice.WI $156,025 97% GC22 4690 Nutrien Ag-Davenport.NE S24,438,540 78% GC22 4720 MFA Ravenwood Ag Center-MO $4,765,292 100% GC22 4730 MFA Higginsville Dry Storage-MO $3,891,724 100% GC22 4750 Alcivia-Load Out&Equipment Replacement-WI $2,110,207 100% FS22 4770 Lebanon. IN Salt Storage $182,721 93% FS22 4790 Fairfax County,VA-Waster Water Facility $424,800 2% GC22 4860 Consery FS-Caledonia, IL S12,263,836 99% GC22 4870 Northern County Coop Chemical WH-IA $6,019,099 100% GC22 4880 Minn-Kota Ag Chemical WH-Breckenridge, MN $4,982,433 100% GC22 5040 Mister Car Wash-Rogers, MN $3,450,645 100% GC22 5110 FCS Chemical Warehouse-Sanborn, IA $2,780,950 59% GC22 5120 Arrowwood Coop Dry Shed-Wimled:)n, ND $2,012,534 99% GC22 5160 Next Steps Learning Center $3,340,863 67% GC22 5180 Burlington Coat Factory-Coon Rapids $2,220,889 100% GC22 5190 Sierra Trading-Coon Rapids $2,296,866 100% GC22 5220 SW Gateway-Shell Bldg $3.432,246 97% GC22 5290 Mister Car Wash-Minnetonka $3,952.456 100% GC22 5330 Walter's Recycling $1,425,970 48% FS22 5340 Madelia Event Tent $164,597 100% GC22 5440 Ceres Solutions Chemical VVH-Coldwater, MI $4,648,363 96% GC22 5450 Canterbury Par<Horse Barn Adcitions $7,170,451 30% FS22 5550 Metz Warehouse Building-Albuquerque,NM $1,190,525 72% FS22 5570 La Grange,KY-Salt Shed $131,430 100% GC22 5590 Sandhill Shores Apartment Build ng S20,239,907 13% FS22 5610 Cra.tilord County, OH Salt Shed $223,800 91% FS22 5620 Indiana Toll MM99-Recover $212,653 99% SP22 5630 MMPA-RNG Equipment Platform $804,200 98% GC22 5650 Faribault Storage Phase II $1,173,033 94% GC22 5670 Sedron Technologies-Varcor Facility-WI S15,252,672 33% GC22 5680 Consery FS-Kansasville,VVI $600,000 13% FS22 5690 Burlington Cty NJ Salt Shed $109,380 97% FS22 5710 Warsaw, IN Salt Shed $249,655 12% GC22 5720 Starke County,IN Coop $3,035,000 61% GC22 5730 CHS Hallock, MN $1,148,556 93% FS22 5740 NRG Main Repairs-CA $760,000 37% SP22 5750 Silgan Containers-Porta Fab&Breakrocm $113,500 56% Work in Progress Greystone Construction GC22 5770 Nemko Testing Lab Addition-TX $1,709,055 81% GC22 5780 Nemko Office Remodel-TX $1,475,035 83% GC22 5810 BNSF MOW Section House $1,622,717 76% GC23 5840 Bravis-SW Gateway TI $641,887 93% GC23 5860 Parker Hannifin-Blaine Office Remodel $600,000 2% FS23 5870 Wellsville,OH Terminals $165,350 63% GC23 5890 Insight FS-Amherst Junction,W 1 $8,550,740 36% FS23 5910 Diamond Star Storage Building-OH $118,348 81% GC23 5920 SW Gateway-Badger Hill TI $586,536 99% SP23 5930 Fabcon-Kiln Wall Repairs $200,000 44% SM23 5950/95 MCAS-Hawthorne,WI-Remodel $239,915 87% FS23 5970 Winter Bros Storage-St_Louis. MO $369,290 68% SP23 5980 Cargill Salt-Misc Summer 2023 $113.465 64% FS23 6000 Geneva,OH Salt Shed $160,880 39% FS23 6020 Routt County,CO Salt Shed $192,300 30% FS23 6030 Dekalb County, IN Salt Shed $213,555 18% GC23 6050 CHS Greenhouse-Randolph.MN S1,783,081 28% GC23 6070 Karlsburger-Lightning Room Design $950,000 13% GC23 6090 Les Schwab Tire Center-Sidney. MT S5,555,100 52% GC23 6100 River Valley Church-Faribault LULA Lift $202,798 21% FS23 6110 Pigeon Forge.TN Salt Shed $172,145 36% FS23 6120 MNDOT Benson Salt Shed $173,450 22% GC23 6130 1425 N. Main Retaining Wall-Austin.TX $100,000 6% FS23 6140 Champaign, IL Salt Shed $195,905 81% FS23 6150 ODOT Geauga County $540,172 69% GC23 6160 Les Schwab Tire Center-Fargo. ND 54,082,933 15% GC23 6170 Les Schwab Tire Center-W. Fargo. ND S4.670,431 9% FS23 6190 Warren County IA Salt Shed $246,000 9% GC23 6200 Crisp&Green-West Des Moines, IA $908,002 72% GC23 6210 Mister Car Wash-Blaine.MN 53.356,113 36% GC23 6240 Club Car Wash-Round Rock.TX $2,772,089 0% GC23 6250 Premier Coop-OfficeM/arehcuse Lancaster,WI S1,450.000 1% GC23 6260 Premier Coop-Agronomy Center Cuba City,WI $14,000,000 1% FS23 6270 Fergus Falls MN Salt Shed $240,405 29% FS23 6280 Licking County OH Salt Shed $292,895 11% FS23 6290 Newark,OH Salt Shed $195,875 8% FS23 6310 ODOT Carroll County $460,000 26% GC23 6320 Milestones Preschool-Lake Elmo, MN $3,632,520 0% FS23 6330 St. Louis County, MN-Material Only $1,066,327 33% FS23 6340 Ardmore,OK Salt Shed $163,836 52% FS23 6350 Pottawattamie County. IA-Salt Shed $186,560 7% GC23 6360 Les Schwab Tire Center-Williston. ND 55.694,982 11% GC23 6370 Crisp&Green-Oak Park Heights, MN $495,015 50% GC23 6380 Les Schwab Tire Center-Mocrhead, MN $5,415,447 2% GC23 6395 River Valley Church-Minnetrista Remodel $179,555 25% FS23 6400 Clermont County.OH Storage Shed $420,545 1% GC23 6410 Club Car Wash-Balcones Heights,TX $2.438,190 3% Work in Progress Greystone Construction FS23 6420 Macoupin County, IL Salt Shed $187,705 8% GC23 6430 Crown Extrusions $3,472,740 0% MB23 6440 Rybka Properties-Brown Beagle LLC- $451.889 54% GC23 6450 Les Schwab Tire Center-Jamestown, ND $5,364.982 21% GC23 6460 nVent-South Entrance Remodel-Anoka. MN $854.896 12% FS23 6470 Euclid.OH Salt Shed $289.965 12% FS23 6480 Cheltenham,PA Salt Shed $137.625 9% FS23 6490 Fond du Lac Rez $139,150 13% FS23 6500 Nordick Group-West Fargo, ND $279.300 13% GC23 6510 Club Car Wash-O'Connor-San Antonio,TX $2,498,382 2% FS23 6520 Woodstock,NH Salt Shed $209.950 20% GC23 6530 By The Yard-Greystone Lane-Restroom $100,000 6% FS23 6540 Hunlock TWP, PA Salt Shed $109,415 10% FS23 6550 Piqua,OH Salt Shed $135.895 8% GC23 6560 US Internet-Xerxes $2,058,234 1% GC23 6570 Crisp&Green-Eden Prairie.MN $462.773 9% FS23 6580 Ernst County-Jeffersonville, OH $598,572 24% GC23 6590 Milestones-Lino Lakes. MN $3,901.660 0% GC23 6610 Copart-Taylor,TX $1,330.475 0% GC23 6620 Legacy Farmers Dry Storage-Mt.Cory.OH $4,800.000 0% SP23 6630 River Valley Church-Central Building Buildout $265.000 0% GC23 6640 Toro-Compressor Room&Mezzanine $260.000 1% GC23 6650 Specialty Ag Formulations-Aurora. NE $8,899.381 0% FS23 6660 St. Michael, MN WWTF $728.729 0% FS23 6670 Zanesville,OH Vehicle Storage $107,170 18% GC23 6680 JL Theis-Site Modifications $150,000 1% FS23 6690 Omaha. NE Power Distribution $1,162.400 0% 3.2 Work Over Past Five Years: Attach a list of major projects (particularly any facilities related to this project) constructed by your organization over the preceding five- year period. Please see the following page for Greystone Construction's major projects completed over the past 5 years. We have provided more complete for several related projects below. Nemko USA Remodel &Testing Lab Addition a) Name: Nemko USA Remodel& Testing Lab Addition b) Location: Round Rock, Texas c) General nature of project: Office remodel, exterior facade, and testing lab addition d) Construction procurement method(e.g., competititve bid): ENTER e) Nature of services: General contractor f) Contract amount: ENTER g) Size in square feet: ENTER h) Original construction budget and acutal cost of construction at completion— describe difference if necessary: ENTER i) Start date, completion date, original construction schedule duration: ENTER j) Owner contact: Eric Lenk, Nemko USA, 512.244.3371, ext. 143; Jeff Lenk, Nemko USA, 512.423.3942 k) Architect contact: Heather Donahue, MOD Architects, heather .mod- architecture.com, 512-255-2021 1) Project Manager& Superintendent: Geoffrey West, Senior Project Manager; John Scarr, Project Superintendent - �IT i Y � C 1 Before: r�- - j 6 After: _ ! Greystone Construction Multi-Tenant Office Building a) Name: Greystone Construction Multi-Tenant Office Building b) Location: Shakopee, Minnesota c) General nature of project: New construction of 2-story office building shell and tenant buildout d) Construction procurement method(e.g., competitive bid): Cost plus fee e) Nature of services: General contractor f) Contract amount: $6,920,000 g) Size in square feet: 27,659 SF h) Original construction budget and actual cost of construction at completion—describe difference if necessary: Original was$6,920,000, actual was $6,574,000 due to Greystone team's value engineering efforts i) Start date, completion date, original construction schedule duration: November 2020 to August 2021,job completed on time as scheduled j) Owner contact: Kevin O'Brien, kobrien@greystoneconstruction.com k) Architect contact: Gary Tushie, Tushie Montgomery Architects, 612.389.9478, garyt@tmiarchitects.com 1) Project Manager& Superintendent: Bryce Hotzler and Tyler Hartman, Project Managers; Kelly Petersen, Project Superintendent - , AL GREYSTONE loot Ao 000 _ a r er I Lim inn'!jy. By the Yard Manufacturing Plant Expansion a) Name: By the Yard Manufacturing Plan Expansion b) Location:Jordan, Minnesota c) General nature of project:45,000-SF expansion utilizing PEMB d) Construction procurement method(e.g., competititve bid): Lump Sum e) Nature of services: General contractor f) Contract amount: $5,412,234 g) Size in square feet:45,000 SF h) Original construction budget and actual cost of construction at completion—describe difference if necessary: Original was$5,412,234, actual was $5,539,430 due to scope change regarding retaining wall blocks and additional soil correction i) Start date, completion date, original construction schedule duration:April 2022 to October 2022,job completed on time as scheduled j) Owner contact: Robert Croatt, General Manager, By the Yard, 952-492-4000, rcroaft@bytheyard.net k) Architect contact:Alisha Simones, KOMA Architects, 651-789-4139 1) Project Manager& Superintendent: Tyler Hartman, Project Manager; Kelly Petersen, Project Superintendent a � - adkA .r. Imp- 4 Y r , — +•., a�Ai� 5 w w �ET111 i r yy� Al 1 - L i. a } Major Completed Project Summary I Greystone Construction Company Project 0—w Architect Contrnrt complermn Amount Tcro Tool Room Reloca:ion Toro Linner Morschen Architects LLC 722."6 22 Albany.OR Ciy of Compost Build ng City of Albany.OR N/A 387,400 22 Beckman Coulter Phase 2 Restroon-Remodel Beckman Cculter N/A 345.073 22 Ceres So utions=ert Bldg-Pleasant Ridge.IN Ceres Solutions Linner Morschen Architects LLC 3.983.912 22 First National Bank Belle Plain,MN Remodel First National Eank HTG Architects 653,650 22 Faribault Storage Addition Fairbault Storage Tushie-Montcomery.Assoc.,Inc. 829.285 22 MNDOT Lakeville.MN Salt Storage Iv1NDOT Lakev Ile NIA 895.086 22 Pope Douglas Landfil Pope Douglas N'A 351,50 22 West Central Ag Chemical Warehouse-Beltrami.West Central Ag Linner Norschen Architects LLC 1,182,597 22 Premier Coop Dry Shed-Lancaster,W'I Premier Coop Linner Morschen Architects LLC 6,155.654 22 Dunham Brothers 100 X 270 Storage Dunhman Brothers N/A 632.400 22 Rayus Radiology Rayus Radiclogy Tushle-Montcome/.Assoc..Inc. 1,605.095 22 US Internet Shop Parking Lot US Internet N/A 254,611 22 Otter Tail County Solid Waste Building Otter Tail Count N/A 330.147 22 Aurora Coop.NE-Dry Shed Aurora Coop.NE Linner Morschen Architects LLC 1.095.997 22 Federal Ammo Bldg q2 RR Remnde Federal Ammo N/A 257.345 22 Cargill-West Bathroom Remodel Cargill N/A 346.973 22 West Con Coop-T,Ji Brcoks,SD West Con Coop N!A 280.094 22 Midland Garace-Farkirg_o:Paving Midland Garage N/A 293.395 22 Ugly Deck TI Ugly Deck Linner Morschen Architects LLC 271.535 22 Ene County.CH-Salt Storage Erie County.OH NIA 319.500 22 Britespan-TAPCO.FA Britespan N;A 203.692 22 CHS Grand Mealo,-,MN-Wind Damage CF S VAA,LLC 322.569 22 Ottertail County Pelican Rapids Ottertail County N/A 230,730 22 Valicor Environrrertal Services Valicor Environmental Service N/A 835.423 22 By The Yard-SI•owrcom Offices By The Yard Krech.O'Brien,Mucl'er&Assu 261.625 22 Waste Management-Sort House Waste Management N/A 243.650 22 Washington County,MC Salt Storage Washington County MD N/A 251,455 22 Aacron-Mezzanine Office Buildout Aacron BDH&Young Inc 430,907 22 City of proctor Salt Storage City of Prcctor N/A 203.035 22 ATSR Office Remolel ATSP. ATS&R 303.634 22 Rich and Ccunty WI Sat Storage Richland County.WI N/A 372.840 22 Mendota Heights,MN Salt Shed City cf Mendota Heights.N1N N/A 215,738 22 JC Penney Redevelopment-Phase 1 Demo JC Penney N/A 370.612 22 Fagen Crane&Equipment-Material Cnly Fagen Crane&Equipment NIA 207.500 22 Harrison County,IN Aggregate Harrison County,IN NIA 205,950 22 Major Completed Project Summary I Greystone Construction Company Pr ujeel Cla urh anhiinu <'lWhrarh Cu.Plokua °olniiamei AlWUar b•oun dew Willoughby Hills,OH Sal!Shed City of W14oughby Hills.OH WA 223,775 22 Camerbury Commons Site De velopment Canterbury Ccn-luence 934,436 22 Hawk's Point Senior Residences-Che en-e,WY Hawks Point SGA Arch tects&Land Use Planners 8,768,658 22 Farmers Coop Society-Sioux Center.IA Farmers Coop Soc ety Linner Morschen Architects LLC 1,325,232 a, RJL Aviation Hangar Expansion-Eden Prairie RJL Avation RLP Architects Inc. 2,029,543 22 United Farmers Flat Grain-Red Oak,IA United Farmers VAA,LLC 4,852,043 22 Shakopee Flats Soils Remdiation Shakooee Flats Alomentwn Desi n Grojp 948,005 22 Nouien-C7en ical W H&Office-Alliance,NE Nutden Linner Mo schen Architects LLC 6,553,460 22 ADM Warehouse Expainsion-Casselton,VD ADM WA 2.549,081 22 BASF Penn 3-owth:Chamber-Sabin,MN BASF NA 157,200 22 Greysbne-Corporate Office GS Moving Jp LLC Tushie MontgoTery Associates 6,215,310 Ju-21 IC', RJL Aviation-I-angar Expaz icn-=dart Prairie.MN Lothenh3ch Holcings,LLC RUP Arcnkects 1,90 .. 03.21 Ira, Havrk's Pointe-Senior Residenx-Cheyerre %NY Mountain Plasm Equity Grotto Springer Group Architects 8,638,768 Dec-21 1,1, Un'tod Farmers Ccop Flat Grain Storage-Re-Oak,A Utited Farmers Coop VAA,LLC 4,952,C43 Aug-21 vlc Nurien Chemical W a eotue&Office-A I ance.NE Nutrien Crop Services -inner,Mxaehen Areni:eds,LLC 6.527,748 No•✓-21 I!% ADM'Warehouse Expansior:-Cessation.NO Archer,Cariels.M eland VAA.LLC 2,595,391 Nov-21 0% Elko New Market Police and Fire Station Acicition Cty cf Elko New Market.MN _ec A.Daly 1,909.c'3 Mar-21 Ir4t. Un red Farmers Ccop Chemical Build ng-Farra iu%A U-ted Farme� Coop Jrnei-Morschen Architects 21,018.778 Apr-21 1CA4 Landmark Ccop Dry Fertilizer Budding-Evansville,%YI Landmark Coop vAA.LLC 9,472,191 Mar-21 2514o Erentvood Court Aparments Phase 11 Scott County CDA Jrbar:.orks ArchltecSLre.LLC 11,365,566 Mar-21 5% Nu:rien Dry Fertilizer Building-`/ermi ion.SC Nutrien Crop Services -inrer-Gonchen Architects 13,505,133 Apr-21 10% River Valley Coop-Cxmical'/larehouse-Nasbeer.IL Rver Valley Coope-Mnve inner-Morsdxn Architects 1,413 249 Oct-20 S!-r Dem-Corn-Metal Recycling Addilicn-Slial,4e- Dwr Con Companies,LLC -inner-Morschon Architects 1,090,760 Oct-20 5% Pope Douglas Solid'Waste-HoFinan%IN Pope Douglas Short Elliott Hendrickson Inc.;SEW 368,250 Sep-20 loop. CHS Midwest Cooperative-Chemical Warehouse- CHS Aidf+.•est Cooperative .Jnrer-Morsd*n Architects 1,063,386 Sep-20 $ti ONda,SD ODCT-Ottawa Canty Sat Ctora9e-Oak Flerbor.OH COOT =uehrer Group SS 99 Sep-20 2G?fi Land*ha4 Ccop-Dry fertilizer ouilding-Evansville.WI Landma-k filer:ice Cooxrative VAA 9,101,211 Gep-20 9+, Nu:rion Arpor.Chemical Jvarerouse-Apple River IL N.irien 312.C90 Ju-20 0% Pembina County.ND-Salt Storage-Cavalier,ND Pembi^a Count/.ND 107,750 huy-20 IaN'o Tnace aimprac:tc(ENfd:'eiture'!, Elko Nov:Macke:Commerce -iTG Architects 166,iA0 May-2o 3C+� Center Elko Pnormacy(ENM'Jenhr=_j Elko New•Mo:rke:Commerce -ITG Architects iw6 60 May-,-0 3ff. Center Cry•s:al Valley-Office&Toaer B exk-Building C Istal Val ey -irrer-Monchen Architects 1,877,112 Apr-20 36) A.d3tion-Janes✓iie.MN Delta I Hess-Warehouse Building-Tiogs,NO Della Consthictos 130,600 Apr-20 2f% Eagan Car Club-Furnish&Instal Bldg s A&D Eacan Ca-Clut Mohagen Harmon Ardhitecuxat Group 448,912 Apr-20 SA Major Completed Project Summary I Greystone Construction Company Project Owner Architect Coutract Completion °operformed Amount ba own crew Nev Market OfficeiRet CV Ph 2 Elko Ne,v Market Commerce HTG Architects 1,632,801 Mar-20 3o0 Center Plehal Blacktopping Dem-Con Companies,LLC Linner-Morschen Architects 1,301,055 Mar-20 _o Grainco FS-Chemical Warehouse-Mazon,IL Grainco FS.Inc Linner-Morschen Architects 1,672,348 Mar-20 1'. Belmont Mills-Fertilizer Building-Belmont,OH Belmont Mills Linner-Morschen Architects 1,900,042 Mar-20 25'u Our Lady of Mt.Carmel-Elevator Addition Easton Catholic Church Linner-Morschen Architects 630,647 Mar-20 6'. Our Lady of Mt.Carmel-Restoration Project Easton Catholic Church 774,939 filar-20 S'o Nutrien-Fairbury.IL Fertilizer Building Nutrient Linner-Morschen Architects 9.947,019 Feb-20 1'0 Ascension Lutheran Church--Addition-Plymouth Ascension Lutheran Church 1.115,010 Feb-20 12'. Prime Therapeutics-Omaha.NE Prime Therapeutics 4,801,958 Feb-20 Ooo Nutrien-Walnut.IL Chemical Warehouse&ice Nutrien 1,768,561 Feb-20 1'. Nutrien-Dixon.IL Greenfield Nutrien Linner-Morschen Architects 10,972,069 Feb-20 1'. Northen sale Glyndon Mn.65x128 Soft Storage Interstate Companies 408,550 Feb-20 504a ISM-2019 Addition International School of Harriss Associates.LLC 2.565.018 Jan-20 6 Minnesota Grainger#495-Perking Lot Project-Plymouth 2019 Grainger#495-Plymouth LHB Architects&Engineers 348,075 Dec-19 'S?e Senior Living Project Golden Global One Commercial Tushie Montgomery&Assoc 18,068,725 Nov-19 Ob Valley,MN Premier Co-op-Dry Fertilizer Bldg-Lancaster,W I Premier Coop Linner-Morschen Architects 1.800.000 Oct-19 10% Watco-Satt Storage Building-Louisville,KY Watco Companies 436,869 Oct-19 35°a Crystal Valley-Hope.MN Flat Storage Building Crystal Valley LS Engineers 3.976.858 Oct-19 S?o US Internet-Ne,,Data Storage Building US Internet Meyer Group Architecture 1,076.820 Oct-19 10'n MN Dot-St.Cloud Salt Storage MN DOT Building Services 539,800 Oct-19 20'. Gregory's Foods-Freezer Addition Gregory's Foods Inc. CNH Architects 1,570.500 Sep-19 Son Dem-Con-Blaine Facility Dem-Con Companies.LLC Linner-htorschen Architects 2.754,237 Sep-19 2'. MNDOT-Eden Prairie Salt Building MN DOT Building Services 683,780 SOP-19 25% Action Overhead Door-Remodel-Prior Lake Action Overhead Door Tushie Montgomery Associates 816,098 Aug-19 600 Interstate Storage Guardian Companies Tushie Montgomery&Assoc 4.806,241 Ju1-19 .o Lakeville.MN Crystal Valley-Jackson Chemical Warehouse Crystal Valley Linner-Morschen Architects 1.473,817 Jun-19 S'o Willy McCoys-Restaurant Shell Shakopee Crossings Architectural Consortium LLC 2.060,862 Jun-19 2'. Shakopee.MN River Valley Coop-Camp Grove,IL Chemical River Valley Cooperative Linner-Morschen Architects 1.320,992 Jun-19 S^o Warehouse Cargill-FEL-5 Phase 2 Cargill Kitchen Solutions Koma 357,883 May-19 S^< Cargill Protein-2018 Big Lake Expansion Big Lake. Cargill Kitchen Solutions Krech,O'Brien.Mueller&Associates- 5.328,688 May-19 _o MN KOMA Bank Tennant Improvement Associated Bank Rinks 1 Chunc Architects 1.340.892 May-19 lot. Ellw,orth.WI Heritage Coop-Chemical Warehouse-London.OH Heritage Cooperative Linner-Morschen Architects 1,308,087 May-19 1'. Aurora Coop-Fertilizer Building Grand Island.NE Aurora Cooperative LS Engineers 1.801,267 May-19 IOou Senior Living Project Mankato. Oppidan Investment Company Kees Wilson Architects 16,282,412 Mar-19 3% MN Aryzta-Cookie Addition Aryzta 658,984 Feb-19 6?_; Major Completed Project Summary I Greystone Construction Company Project OeUrr Architect Contract Cmnpletion enpetlon-d .Amouur b,"'11 oeu- Dry Fertilizer Bulk Storage Bldg LeCenter, River Country Coop Larson Engineering 2.541,000 Feb-19 _ MN Agronomy Service Center.Greenfield Site Crop Production Services Linner-Morschen Architects 8,782,160 Jan-19 rve Sunnyside,WA Wood Recycling-Oat Hull Storage Lakeville. Dunham Brothers Wood LS Engineers 693,834 Dec-18 50o. MN Recycling Corporate Office AdditioNRenovation Rehr Malting Company Krech.O'Brien.Mueller&Associates- 5,557,458 Dec-18 211, Shakopee.MN KOMA Cargill-FEL-5 Flooring Cargill Kitchen Solutions Kome 357,299 Dec-18 3'. Jackson County,W I-Salt Storage Jackson County,WI 306,260 Nov-18 30eo Relaxation Dentistry-Remodel Relaxation Dentistry Linner-Morschen Architects 585,518 Oct-18 14e. Office Expansion Chaska, Cmvn Extrusions Linner-Morschen Architects 685,475 Oct-18 10e. MN Flat Grain Storage Building Verona, James Valley Grain.LLC VanSickle Allen&Assoc 4,307,300 Sep-18 toe NO High Piled Storage Warehouse Vickerman Company Linner-Morschen Architects 5.835,000 Sep-18 _e Nor,00d.MN West St.Paul Ice Arena Addition Sibley Hockey Booster Club Linner-Morschen Architects 3,900 Sep-18 'Sea Consolidated Design-Millard MarhimelUS Salt. Consolidated Design 2.037.305 Jun-18 40-4 Theodore,AL New Market Bank-Tenant Improvement-New Market Ne::Market Bank 375,000 May-18 Sea New Market Office/Retail Center-New Market Elko Ne.v Market Commerce Ctr HTG Architects 1,367.702 May-18 5% BASF-Customer Service-Sample Lab TI BASF LHB Architects&Engineers 471,841 Afar-18 10ee Green Plains-Receiving Pit Bldg-Fairmont Green Plains 265.500 Mar-18 15% Prior Lake Revival-Professional bldg Prior Lake Revival.LLC 'Johagen Hansen Architectural Group 1.599,973 Mar-18 4e. Crystal Valley-Chemical Warehouse and Load-Out Crystal Valley Cooperative Linner-Morschen Architects 1,271.100 Feb-18 , Facility Janesville.MIN Maple Ridge Church-Addition.'Aherstions Maple Ridge Church ATS&R,Inc 758,260 Jan-18 . . MN Dodge Center-Salt Storage MN Dept of Transportation MIN Dept of Transportation 397.512 Dec-17 Hometown Bank-Shakopee Branch Hometown Bank HTG Architects 3.000.000 Dec-17 Friona Industries-Commodity Building Friona Industries VanSickle Allen&Assoc 977.113 Nov-17 60ea Girardeau Stevedores&Contractors-15,000 ton Salt Girardeau Stevedores& 343.950 Nov-17 too.. Storage Contractors MN Dot Ov:atonna-Salt Storage MN Dept of Transportation MN Dept of Transportation 599.705 Nov-17 504. Covanta-Ash Condo Repairs Phase II Covanta Hennepin Energy LHB Architects&Engineers 927,122 Oct-17 33?. Resource Co. Bayer-Grovrth Chamber Building-Sabin Bayer CropScience 684.000 Oct-17 See BankVista-Chaska BankVista Lundin Architects LLC 1.450.000 Oct-17 West Central Ag-Flat Grain Storage Bld-Ulan.MN West Central Ag Services LS Engineers 3.805.556 Sep-17 50'. Steele County-Salt Storage Staele County Oertel Architects 241.450 Sep-17 s0ee Nordick Group-Chaska Tenant Improvement The Nordick Group,Inc. 415,000 Sep-17 15°. 3.3 List the categories of work that your organization normally performs with its own forces. On this project, do you propose to do any work with your own forces?If so,please describe what work you plan to self-perform. Greystone Construction Company has the ability to self-perform demolition, concrete, rough and finish carpentry, and building erection of specialty buildings. We do not plan to self-perform work on this project. 3.4 List any subcontractors in which your organization has some ownership and list the categories of work those subcontractors normally perform. N/A 3.5 Claims and Suits: If the answer to any of the questions in this Paragraph 3.5 below is "yes",please attach full details. 3.5.1 Has your organization ever failed to complete any work awarded to it? (Your answer to this question 3.5.1 must include any matters involving your organization and its officers or principals in their current or any past positions) No 3.5.2 Are there any pending or outstanding judgements? No 3.5.3 Are there any pending or outstanding claims? No 3.5.4 Are there any pending or outstanding arbitration proceedings? No 3.5.5 Are there any pending or outstanding lawsuits? No 3.5.6 Within the preceding five years, has your organization filed any lawsuits or requested arbitration with regard to any construction contract? Yes,once. Currently arbitration proceeding with owner for unpaid additional scopes of work. 3.5.7 Within the preceding five years, has any officer or principal of your organization ever been an officer or principal of another organization when it failed to complete a construction contract? No 3.6 List up to ten projects of like size, scope and complexity your organization has performed, if any, inside the Austin-Round Rock MSA and date those projects were completed. Geoffrey West, Project Executive; Josh Dyer, Project Manager; and John Scarr, Project Superintendent; are our selected team members for the Dell Diamond project. All three live in the Austin-Round Rock MSA and all have a plethora of experience successfully completing countless projects in the Austin-Round Rock MSA. Here are 10 commercial construction projects these team members have completed recently— note, some were completed by team members while working for another general contractor. 1. Nemko USA Office Remodel & Testing Lab Addition Location: Round Rock, Texas I Completion Date: 2023 Expansion and upgrades to support enhanced testing capabilities for commercial, military, aerospace and high-tech manufacturers. 2. Public Safety Officer Training Facility Firing Range Location: Georgetown, Texas I Completion Date: 2023 16,000 square feet tilt panel structure to serve as the new training Firing Range for all Williamson County law enforcement 3. Wellhouse Business Park Location: Georgetown, Texas I Completion Date: 2023 Four 10,500-SF tilt panel shell buildings used as light industrial space for various tenants. 4. Kimley Horn —Austin North Location:Austin, Texas I Completion Date: 2022 Complete gut and remodel of existing office space to serve as North Austin location for Kimley Horn. 5. Shops at Hero Way Location: Leander, Texas I Completion Date: 2023 Two 12,000-SF wood framed shell buildings use for retail space for various tenants. 6. Warm Audio Location: Leander, Texas I Completion Date: 2021 2 PEMBs totaling 32,000 square feet. Building 1 includes a recording studio,second floor office space, warehouse, and QC facilities. Building 2 is an empty shell for future TI. 7. Hammer Down Motorsports Location: Leander, Texas I Completion Date: 2021 Build out of approximately 8,000 Square feet for a high-end automotive customization shop. Build out includes shop space,fabrication area, clean room, offices restrooms and lobby. 8. Generations HVAC Office Location: Leander, Texas I Completion Date: 2021 Build out of approximately 8,000 square feet for a HVAC duct fabrication facility and office. Build out includes shop and warehouse space, offices, locker room, break room and restrooms. 9. Wolf Crossing Location: Georgetown, Texas I Completion Date: 2019 Four tilt wall retail shell buildings totaling over 50,000 square feet. 10.Mercedes Benz - Georgetown Location: Georgetown, Texas I Completion Date: 2019 Complete gut and remodel of existing service center, sales center and show room.Addition to front of structure to add new structural steel and curtain wall. Complete reface of entire structure exterior. 3.7 Describe your firm's job site safety program for this project and specific safety policies in which each employee must be in compliance. Zero safety incidents is our goal every day, on every project. The Vision for this project is that an "Incident Free" work environment will be achieved. All personnel for Greystone Construction and their Subcontractors will understand this Vision as well as the policies implemented to assist the Project in achieving this goal. All personnel involved on the Project will become active members of the Health Safety and Environment team. We will demand each person's commitment to assume responsibility for themselves and their coworkers and their promise to work as a team to achieve our goal. Additionally, we will utilize the principles of accident and loss prevention in the management of all activities and programs, including but not limited to: • Communication of expectations • Proper training prior to task • Engaging open communication of safety plans and procedures • Active leadership • Abiding by federal state and local rules and regulations • Holding individuals and companies accountable for meeting our expectations Safety excellence is a corporate value that will not be compromised. The commitment to complete a job within budget and on time will not interfere with this value. Greystone Construction's Safety Policy Statement Greystone Construction Company is committed to providing a healthy and safe work environment for all its employees. Regard for safety for the general public, our own employees, and our subcontractor employees is of the utmost concern at all levels of our organization. Safety does not occur by chance. It is the result of careful attention to all company operations. Employees at all levels must accept responsibility in complying with the company's policies for maintaining safety and occupational health. It is the responsibility of every member of management to make safety and health of our employees their daily concern. Providing a safe place to work, the proper protective equipment, and a work environment conducive to safe work practices and policies is a primary and major concern to management. Substance Abuse Policy All employees are tested pre-employment for drug and alcohol abuse. Also, random and post accident drug and alcohol testing is done in accordance with our written policy. All subcontractors working on this project were required to have a substance abuse program and safety manual on file in Greystone's office prior to beginning work on site. Accident Prevention Programs: Greystone has proactive safety policies and accident prevention programs in place, including: • Weekly safety meetings that include toolbox talks • Required accident and incident (near miss) reporting from employees and subcontractors • New employee safety orientation and ongoing safety training • Pre-task safety planning • Specialized training and written manuals Proven Safety Record Year Experience Listed on the right is Greystone's last 5 years of EMR ratings. Mod. Rare Our team's strong safety performance earned Greystone Construction 2022 0.67 a Diamond status in 2022 through ABC's STEP Program. Jobsites 2021 0.67 managed by companies with Diamond STEP status are 645% safer 2020 0.74 than the industry average. 2019 0.75 2018 0.78 2017 0.98 Table of Contents for Greystone's Safety & Health Policy Manual I.AWAIR Program Compressed Gas Cylinders • Concrete II.AWAIR Program Objectives • Confined Space Entry • Construction General Waste Management III.AWAIR Program Management Staff • Cranes • Demolition Safe Work Practices IV.AWAIR Program/Safety Policies • DOT Driver Certification Program • Safety Policy • Driving Safety • Organization Electrical Safety Plan for Construction • Excavations and Trenches • Implementation -Responsibility and Authority • Fall Protection • Relationship with Other Contractors 0 Fatigue Management • Fire Protection Plan/Extinguishers V.AWAIR Program Responsibilities . First Aid Program • Responsibilities of the Safety Director • Fit For Duty • Investigation and Reporting of All • Forklift Safety Program Accidents a Gas Monitors • Responsibility of Superintendents 0Ground Fault Circuit Interrupters(GFCI)& and Project Managers Assured Grounding Program • Responsibility of Foremen • Hazardous Material • Job Safety Meetings • Heat Illness Prevention • In Case Of Accident • Hoisting and Rigging Equipment • Housekeeping Incident Investigation Reporting and VI. Employee Right-To-Know Program Globally Recording Injury/Illness Recordkeeping Harmonized System of Classification and • Job Competency Labeling of Chemicals(GHS) • Ladders • General Company Policy • Lead • List of Hazardous Chemicals 6 Lock-OutlTag-out • List of Harmful Physical Agents • Material Handling and Storage • Safety Data Sheets(SDS) • Manual Lifting • Labels and Other Forms of Warning • Noise Exposure/Hearing Conservation • Non-Routine Tasks Personal Protective Equipment(PPE) • Training Program Process Safety Management/ • Training Plan Contractor Responsibilities(PSM) • Return-To-Work Program • Contractor Employers Risk Assessment-Identification of Hazards • Additional Information 0 Scaffolding Safety Procedures for Construction • Short Service Employee VII.Job Site Access Control • Silica Exposure Control • Stop Work Authority Vill.General Safe Work Practices • Sub-Contractors • Access to Medical Records 0Tool Safety&Inspection • Accident Reporting and Investigation Plan • Welding and Cutting • Aerial Lifts Working Alone Policy • Asbestos Awareness • Behavior Based Safety IX. Drug and Alcohol Policy • Blood Borne Pathogens Exposure Control Plan • Butadiene Awareness X.AWAIR Program Acknowledgement • Cold Weather&Stress 3.7.1 Form 00410 and OSHA 200/300 logs for the last three (3) years. Please see following pages. 4. Financial Information: 4.1 Attach a financial statement,preferably audited, including your organization's latest balance sheet and income statement, showing the following items: 4.1.1 Current assets (e.g. cash,joint venture accounts, accounts receivable,notes receivable,accrued income, deposits,materials inventory, and prepaid expenses). 4.1.2 Non-current assets (e.g.,net fixed assets, other assets). 4.1.3 Current liabilities(e.g., accounts payable, current notes payable, accrued expenses,provision for income taxes, advances, accrued salaries and accrued payroll taxes). 4.1.4 Non-current liabilities (e.g., notes payable). 4.1.5 Capital accounts and retained earnings(e.g.,capital, capital stock, authorized and outstanding shares par value, earned surplus and retained earnings). Please see separate document marked CONFIDENTIAL. 4.2 Name and address of firm that prepared the attached financial statement and date thereof. EideBailly, 111 S. 2"d Street, Suite 300, Mankato, MN 56001 4.3 Is the attached financial statement for the identical organization named under Question 1.1 above?If not, explain the relationship and financial responsibility of the organization whose financial statement is provided(e.g.,parent, subsidiary). Yes 4.4 Will the organization whose financial statement is attached act as a guarantor of the proposed contract for construction(answer this question only if your answer to 4.3 is "no")? Yes 4.5 Provide the name, address, and phone number of your financial institution. Name Bridgewater Bank Address 4450 Excelsior Blvd, Suite 100, St. Louis Park, MN 55416 Telephone 952-653-0615 Contact Adam Benjamin 4.6 Surety and Agent: Provide the: (a)name of your bonding company; and(b)the name and address of your agent. Payment and performance bonds for 100% of the Guaranteed Sum will be required. Name Liberty Mutual Surety Address 225 S. 6th Street, Suite 1900, Minneapolis, MN 55402 Telephone 612-349-2471 Contact Colby White of Holmes Murphy Construction 4.7 Insurance: Provide the: (a)types; (b) limits; (c)carriers; (d) expiration dates (or attach a copy of a current Certificate of Insurance) for all insurance policies currently maintained by your organization, including Commercial General Liability, Automobile Liability, Excess(Umbrella)Liability,Worker's Compensation and Employers'Liability, and(e) name, address, and phone number of your insurance agent. Please see following page for Certificate of Insurance. 5. Proposed Personnel for this Project: 5.1 Personnel: Identify the specific Project Manager(s) and Job Site Superintendent(s)who would work on this project. If any of these individuals will not be assigned on a full time basis to this project, identify those individuals and describe their other responsibilities. Attach a resume with their city of residence listed and list of references with phone numbers, for each individual identified. The identified Project Manager(s) and Job Site Superintendent(s) shall be assigned to the project through final completion of the project. We have structured our proposed team to ensure success for the Dell Diamond Visitor Clubhouse & Technology project. There are many components to making a project successful, some of which include safety, quality, budget management and schedule. The Greystone team excels at managing these various components through teamwork, pre-planning, constant communication, regular meetings and continual inspections and monitoring. The following pages include resumes for the following project team members: Project Role Name Title Project Executive Geoffrey W. West, Senior Project Manager PMP Project Manager& Joshua Dyer Project Manager AL Cost Estimator F General Construction Ben Britz General Superintendent Superintendent s Project John Scarr Project Superintendent Superintendent Safety Director Tony Condon Safety Director Leadership Support Eric Bender VP of Construction Operations & Principal Leadership Support Gordie Schmitz President & Principal r1 Geoffrey W. West, PMP Senior Project Manager Role & Commitment to Project Project Executive; approximating 5%of time to project, more as needed Industry Experience Geoff lives in Georgetown, Texas, and is an expert in the Austin- Round Rock MSA construction market with a plethora of experience City of and successfully completed local projects. Residence Geoff has 13 years of experience in program management and 21 Georgetown,Texas years of project management experience. Geoff has the proven ability to properly manage stakeholder expectations; is competent in cost and schedule estimating; and is proficient in procurement References management, budget composition and analysis, risk identification and quantification, resource management, change control Eric Lenk management and client relations management. Geoff has the proven Nemko USA ability to deliver quality, complex projects,on time and within budget. 512.244.3371, ext. 143 Geoff has experience with project budgets ranging from 1 K to 36M. Jeff Lenk Nemko USA 512.423.3942 Responsibilities Bill Clifton, Fire Fighter Geoff will serve as Project Executive for the Dell Diamond project Round Rock Fire providing leadership and operational support to help Department ensure a successful project. 281.840.3620 Cal Otero,Architect Major Projects MOD Architecture Nemko USA Remodel&Testing Lab Expansion, Round Rock,TX 512.255-2021 Warm Audio Recording Studio,Office,Warehouse,and QC Facilities, Leander,Texas Jessica Smith,Project Hammer Down Motorsports High-End Automotive Customization Manager at Rocech Shop, Leander,Texas Company, Former Co-worker Generations HVAC Office, Leander,Texas at Raymond Construction The Yard Milkshake Bar,Georgetown,Texas 512.696.7990 direct 512.828.4167 x508 Wolf Crossing Retail Buildings,Georgetown,Texas Kermit ISD—Purple Sage Elementary, Kermit High School,Walton Doug Hayes, Project Field Renovation,and more, Kermit,Texas Executive at Summit Design Normangee ISD Multi-Purpose Facility,Auditorium&Elementary +Build, LLC, Former Co- School, Normangee,Texas worker at Raymond Milano ISD High School,Milano,Texas Construction Centerville,TX ISD 4-Classroom Addition,Kitchen&Cafeteria 512.563.2717 Jarrell ISD Athletic Facilities,Jarell,Texas • Roscoe ISD Athletic Facility Renovations, New Technology Building, New Multipurpose Facility,and Elementary Renovations,Texas • Iola ISD High School Re-Roof,Athletic Facility,and New Elementary School, Iola,TX Joshua Dyer Project Manager Role & Commitment to Project Project Manager&Cost Estimator; 75%of time during project duration with 25%estimating for future projects Al Industry Experience Josh lives in Georgetown,Texas, and is an expert in the Austin- Round Rock MSA construction market with a plethora of experience and successfully completed local projects. City of Josh is a leader with over 25 years of experience in Commercial, Residence Industrial, Civil, Heavy-Highway and Residential Construction. Josh has a consistent track record in delivering bottom-line results while Georgetown, Texas always providing accurate project schedules and maintaining quality and project safety. References Eric Johnson Responsibilities Director of Public Works Project Management, Estimating, Contract Administration, Project City of Georgetown817.903.7218 Scheduling, Business Development Jennifer Bettiol Major Projects CIP Manager City of Georgetown Public Safety Officer Training Facility Firing Range,Georgetown,TX 979.450.2863 • Wellhouse Business Park,Georgetown,TX • Shops at Hero Way,Leander,TX Brian Bishop • Costco Wholesale,Westminster,CO Bishop Architects • Kimley Horn Office Remodel,North Austin,TX 512.653.1467 • Mercedes Benz Remodel,Georgetown,TX Manville Water Supply Warehouse&Office,Coupland,TX Round Rock Nissan, Round Rock,TX Block 27,Georgetown,TX Harmony Science Academy,Cedar Park,TX West Logistics Warehouse Addition, Marysville,OH Honda of America, Marysville,OH Vizcaya Townhome Community,Jacksonville, FL Hampton Lakes Condo Community,Jacksonville, FL Ben Britz General Construction Superintendent ' Role & Commitment to Project General Superintendent; 5%of time on site during construction Industry Experience With 20+years in the construction industry, Ben is a highly City of respected superintendent with hundreds of successfully completed Residence projects. Ben resides in Belle Plaine, Minnesota and travels to jobsites to Responsibilities provide support. Ben serves as manager of all Greystone superintendents across the US and is a mentor to Greystone field staff. Ben provides leadership and support to his reports for including for project management and References supervision, project and equipment scheduling, coordination of subcontractors,job site safety including weekly safety meetings, Kim Gibson maintain construction documents and project quality control, Prime Therapeutics coordinating and tracking contract completion progress and more. 612-777-5571 Roger&Deb Anderson Major Projects By the Yard Brentwood Terrace Senior Living 952-492-9273 Rahr Corporate Office Addition Steve Chuba Prime Therapeutics. Great River Energy TE Connectivity Tenant Improvement 763-647-9257 By the Yard Manufacturing&Retail Facility Koda Energy Fuel Delivery System Dem-Con Chart Industries, Building#22 Rainbow Play Systems Rahr Malting Technology Center Lakeville Self-Storage HomeTown Bank Multi-Office Building SuperValu United Sugars Matt Saxe Chevrolet Vickerman Companies Cargill Deicing Salt John Scarr Project Superintendent Role & Commitment to Project Site Superintendent; 100%of time on site during construction Industry Experience John is a highly effective Project Superintendent with 30 years of experience in the construction industry.John has a wealth of experience and knowledge in managing commercial construction City of projects in the Austin-Round Rock MSA.John is an effective communicator and collaborator with strong leadership and Residence management skills with an emphasis on safety. Leander,Texas Responsibilities References Onsite project management and supervision, project and equipment scheduling,coordination of subcontractors,job site safety including Eric Lenk weekly safety meetings, maintain construction documents and project Nemko USA quality control,coordinating and tracking contract completion progress. 512.244.3371,ext. 143 Jeff Lenk Nemko USA Major Projects 512.423.3942 Nemko USA Remodel&Testing Lab Expansion, Round Rock,TX Pet Paradise Resort,Cedar Park,TX ThermoFischer Scientific Production&Service Warehouse,Austin,TX Celink Corporation Multi-Story Renovation, Round Rock TX Renesas 7-Phase TI Renovation,Austin,TX Blackbaud Office Renovation in the Domain,Austin,TX Pacific Gas&Electric Services Center,Multiple Projects,Concord,CA Bank of America Financial Center Remodel,Sacramento,CA TRW/Northrop Grumman Facility TI, North Highlands,CA Folsom Pavilions, Folsom,CA Paratransit Facility Headquarters,Sacramento,CA City of Davis Civic Center Remodel,Davis,CA US Dept of Commerce,National Weather Service Nexrad Program Doppler Radar Site,Grand Juncion,CO McClellan Air Force Base,North Highlands,CA Sierra Army Depot, Herlong,CA Tony Condon Safety Director Role & Commitment to Project Safety Director; approximating 5%of time to project, more as needed Industry Experience 25+years of safety leadership experience in a wide variety of work settings including food and beverage, heavy industrial, power, petrochemical, pharmaceutical, nuclear, healthcare, civil, mining, City of commercial and institutional industries.Areas of expertise include hazard analysis, risk assessment,safe work planning,emergency Residence preparedness, industrial hygiene,safety culture development, root cause analysis,and infectious disease vector control. Tony resides in Excelsior, Minnesota and works out of Greystone's Shakopee office and frequently Responsibilities travels to jobsites. • Coordinate and administer all aspects of the company's AWAIR program and is authorized to take any action necessary in order to implement the provisions of the AWAIR Program. References • Provides leadership to managers and supervisors in daily functions related to safety. Adam Hanson • Ensures compliance with all company,local,state and federal safety ABC MN/ND Chapter regulations. 952-941-8693 • Works closely with all company operations and insurance representative to ensure that safety compliance interfaces with Chris Siedow operating procedures. Yale Mechanical Ensures safe work methods are established and maintained as policy. VP Industrial Operations Establishes and implements all necessary employee safety training and develops controls that ensure safe procedures are followed. 952-884-1661 Inspections of job sites,including shops and recommend corrective measures to eliminate unsafe practices and conditions. Pete Chaney Implements proper procedures for accident investigation and Mechanical Contractors reporting. Association of America Maintain accident records and make monthly reports of all accidents. Safety Director Conducts and reviews job site safety inspections with supervisors 301-869-5800 Eric Bender Vice President of Construction Operations & Principal Role & Commitment to Project Leadership support; approximating 5%of time to project,or as needed Jkg Industry Experience City of Construction experience of 25+years Residence Eric resides in Shakopee, Responsibilities Minnesota and works out of I� Greystone's Shakopee Eric will be available to provide leadership support and offer his office and frequents construction expertise and experience as needed. Greystone's Texas office. Associations References • Active Member of Local Chambers of Commerce, including: • Round Rock,TX Chamber of Commerce Kim Gibson • Taylor, TX Chamber of Commerce Prime Therapeutics • Georgetown,TX Chamber of Commerce 612-777-5571 ABC Workforce Development Committee Chairperson ABC Continuing Education Foundation—Board of Trustees Roger&Deb Anderson Shakopee&Mankato Fire Departments—Retired Firefighter By the Yard Construction Management Association of MN 952-492-9273 Steve Chuba Great River Energy Major Projects 763-647-9257 • Prime Therapeutics • Avant Energy • Koda Energy Fuel Delivery System *Award Winner • SMCS Organics Recycling Facility • Chart Industries *Award Winner • Rainbow Play Systems *Award Winner • Rahr Malting • Cargill Kitchen Solutions—Food Manufacturing Maintenance/Expansion Projects • Pennant Foods • Par Nuclear • MNDOT--Multiple Salt Storage Facilities • Glacial Plains Coop • United Sugars Gordie Schmitz President & Principalrfi Role & Commitment to Project Leadership support, as needed Industry Experience 25+years experience in the industrial and commercial construction industry.Areas of expertise include pre-construction planning, estimating, project management,scheduling, sales and design-build City of construction. Residence Gordie resides in New Prague, Minnesota and Responsibilities works out of Greystone's Gordie will be available to provide leadership support and offer his Shakopee office and construction expertise and experience as needed. frequents Greystone's Texas office. Associations • Associated Builders and Contractors—Board of Directors References . Construction Management Association of MN . Construction Management Alumni Board at Minnesota State Mark Pahl University, Mankato DemCon Companies 952-445-5755 Joe Hughes Major Projects Oppidan 952-294-0353 • Hawk's Point Senior Living Roger&Deb Anderson • Gaughan Companies,Shakopee Flats Apartments By the Yard • Pillars of Mankato Senior Living 952-492-9273 • The Henderson Senior Living Residence • Global Pointe Senior Living • Rahr Malting Technology Center&Pilot Brewery Rahr Malting Corporate Office/Bier Stube • Chaska Town Course Club House *Award Winner • Southern Hills Golf Course Club House • Lakeville Liquor Galaxie *Award Winner • Pagel Ice Arena Addition . Village Commerce Office Building *Award Winner • Voyager Office Building *Award Winner • Chart Office Building • Second Pointe Office Building • Waconia Dodge *Award Winner • TRIO Wolf Creek Learning Center • Spring Lake Township Hall/Community Center • Holy Cross Catholic School • Mt.Olive Lutheran Church and Classrooms 5.2 Has this team worked together on previous projects, list the projects?Were the projects successful? Yes, our team members assigned to the Dell Diamond project have worked together to successfully complete projects. Here are just a few: • Nemko USA Office Remodel & Testing Lab Addition o Round Rock, TX • Tumble 22 Chicken o Round Rock, TXZ� ; 477 • Block 27 Office o Georgetown, TX f jt 1 ; aj .p ,sue • Kilwins o Georgetown, TX 6. Proposed Plan, Schedule & Quality Control Program 6.1 Describe your proposal work plan for this project. Our approach to delivering a project on time involves excellent collaboration and communication with the project owner and architect early in the process and throughout the project. More details below. Our team brings many strengths to projects including effective teamwork and versatility providing the owner with a seamless experience from both the Greystone office and field supervision on the jobsite. Greystone firmly believes that we are not in it for one project. Our success is dependent on each owner wanting to work with Greystone on their next project. We have a proven track record of repeat clients. Some of our clients we have worked with since our beginning over 36 years ago. Ultimately, we understand that you are looking for a valued partner and a project team that you can trust to build your facility on-time and on-budget with a level of quality that will provide a return on your investment for years to come. What we provide is a team that is focused on what is best for your project. Clients have described us as "Salt of the Earth People." We provide great worth and reliability that you can count on. We will do what we say we are going to do. 6.2 Describe your construction management approach and ability to coordinate work with all subcontractors and suppliers in order to meet the deadlines established in the submittal construction schedule When brought to the project team, Greystone will create a detailed construction schedule utilizing Microsoft Project. The schedule will be developed with input from subcontractors selected for the project. The overall construction schedule will be updated and distributed on a weekly basis. In addition to the overall construction schedule a 3-week look ahead schedule will be managed and distributed regularly to all parties. Greystone will work with the project team to update the project schedule and identify critical path items as design work continues. We will also identify critical trade/craftsmen issues, review equipment integration, and identify critical dimension and timing issues. The project schedule will include all project activities and will be updated weekly during construction by the project superintendent using a baseline method on Microsoft Project and will be communicated with the entire project team. The project team understands the importance of a complete and timely closeout process. The team will incorporate close out requirements into our bid documents and start managing this process prior to construction. 6.3 Describe your ability to complete the project within the schedule taking into account existing commitments. Greystone Construction has a 36-year history of completing projects on time and on budget. We absolutely have the ability to successfully complete the Dell Diamond project within the given schedule. 6.3.1 Construction activities MUST BE SUSPENDED on the following dates: 02/22/2024 to 02/25/2024 and 06/05/2024 to 06/08/2024. Noted. 6.3.2 Construction activities MUST BE SUSPENDED no later than 3:00 PM CT on days the Round Rock Express is playing at home (see attached RR Express schedule). Noted. 6.4 Describe your ability to identify and resolve potential issues, delays, etc. The Greystone team is aware of potential challenges in the current environment and can identify and resolve potential issues and delays early in order to maintain the schedule. For example, Greystone takes proactive steps to avoid these delays through pre-ordering materials and equipment, taking deliveries early and coordinating off-site storage of these products so they will be ready in time for your project. 6.5 Describe your back up/contingency plan for any unanticipated delays. The biggest variable affecting schedule is the uncertainty and volatility of the global supply chain. This will be mitigated by working with our industry partners to help identify any upcoming issues. We will discuss these issues with the project team and work to identify alternative plans as necessary. 6.6 Describe your quality control program. Explain the methods used to ensure quality control during the construction phase of the project. Provide specific examples of how these techniques or procedures were used from any of three (3) projects listed in response to Section 1. Background, Experience, Qualifications Quality control begins with an absolute commitment to quality by the Greystone team.We hire only qualified subcontractors who make the same commitment and follow Greystone's quality control inspection report procedure. Greystone's team will utilize a quality check list to evaluate building systems, material and M/E systems. Greystone's Project Manager is ultimately responsible for implementation and communication of the checklist which includes: • Lead time •Weather tightness issues • Sourcing • Labor availability • Market conditions • Installing safety concerns •Constructability • Sequencing Quality control systems utilized during construction are ultimately the responsibility of the Greystone Project Manager.The Project Manager will also leverage Greystone's Safety Director/Quality Assurance Manager and Project Superintendent to ensure the highest level of quality is attained. Greystone will schedule and conduct pre-construction and pre-installation meetings for each critical scope of the project to ensure a complete understanding of details and expectations. Both Architect and Owner's Rep will be invited to attend these meetings to be certain all parties are fully informed of the desired outcomes. Example 1: Rahr Corporation hired Greystone to perform major renovations and an addition at their corporate office. Greystone encountered a number of expected and unexpected tasks that come with renovating old construction sites.The existing buildings had been built in five different phases since 1935.The project involved five buildings,three levels of construction, and saving one wall from the 1950's. • Asbestos abatement was required after asbestos was discovered during demolition in the north building. • An old tunnel system runs underneath the building and houses running utilities— Greystone needed to take care to preserve its integrity. • We coordinated the demolition and excavation of oversized abandoned fuel oil drum cradles/foundations. • We needed to abandon two original water mains and reroute the water around the building. • We dealt with shallow bedrock elevation. • We salvaged original brick from the south building during demolition which was later used in Rahr's new office lobby and bierstube. Example 2: CHS partnered with Greystone to construction a new 12,0004on storage facility which needed to be up and running by spring. During the project, our framing subcontractor informed us they would not be able to meet the Greystone schedule as the framing start date approached.This left Greystone with a decision. Do we delay the project and find another framing subcontractor? Or do we pull together Greystone field crews and self-perform the framing?When we were awarded the building contract, we had agreed to CHS's schedule. CHS trusted us to keep to the schedule and provide a quality building. We held ourselves accountable and developed our own in-house framing crew specifically for this project.This crew met and/or exceeded the Greystone project manager's expectations as well as CHS management's expectations throughout the framing process in terms of leadership, quality and reliability. Example 3: Guardian Companies partnered with Greystone to build a new four-story, climate-controlled self-storage facility.With the project starting in the fall, Greystone anticipated challenges presented by the coming winter. The team strategized and decided to alter the project's construction sequence to ensure the project was completed safely and on time despite an extra cold, snowy winter and wet spring. Those strategies included installing the precast before steel erection and recommending a mechanically fastened roof.The client was more than satisfied with the success of the project and Greystone's approach to finding innovative solutions to minimize delays caused by weather and nearby construction. Guardian Companies Vice President Dan Haugen wrote: "We have dealt with many contractors who take the easy way or the shortcut first. Greystone always chose the correct solution,whether it was easy or not." 6.7 Describe how your quality control team will measure the quality of construction performed by Subcontractors on this project, and how will you address non-conforming work. Greystone's superintendent does a daily quality walkthrough of the project and maintains a quality inspection/issue log through Procore. o Subcontractors are notified immediately of any substandard or incorrect work. o Architect is copied on such communications. o Subcontractor submits an action plan to address the issue. o The plan is approved by Greystone and the architect. o Subcontractor performs corrective work. o Each phase of this activity is logged and reported to the architect and the client. 6.8 Provide complete construction schedule assuming a notice to proceed will be provided within 120 days of bid opening(actual notice to proceed will be a different date). Schedule should reflect the proposed duration but shall not exceed the construction schedule in the Instructions to Proposers Section 1.21 A. Please see following page for schedule. No Text 7. Ability to Meet Project Schedule: 7.1 Do you foresee any problem meeting the project schedule? (If answer is yes, please explain.) No 7.2 Does the stipulated time of 365 calendar days seem reasonable for this project? Yes 7.3 Does the stipulated time effect cost of project and if so please explain? No 7.4 Describe the scheduling techniques, including any scheduling or project management software,you would employ on this project. What other projects will your organization be starting during while this project is starting? Once in construction, the Greystone Project Manager will drive the construction phase through the use of detailed schedules, documented meetings with agendas, construction controls through Procore Software (budget control, plans, RFI's, submittals, quality and safety observations etc.), and overall customer service to ensure the client's goals are achieved on this project. Greystone Construction has a large team of project managers and superintendents who will be working on a number of other projects in progress when the Dell Diamond project begins. You can be confident that the team listed in Section 5 has the capacity to successfully complete the Dell Diamond project and meet the Owner's project schedule. 7.5 Has your organization been assessed any liquidated damages or other damages for delay on Any project during the last five years?If answer is yes, identify project and provide details. No By execution hereof the undersigned warrants and represents that the foregoing answers to this Questionnaire are true and correct. Signature of Proposer Eric Bender Printed Name of Proposer VP of Construction Operations / Principal Title Greystone Construction Company Name of Firm Principal Office: 2995 Winners Circle Drive #200, Shakopee, MN 55379 Texas Office: 409 West Main Street #202, Round Rock TX 78664 Address of Firm Principal Office Phone: 952-496-2227 Texas Phone: 512-348-1038 Telephone Number of Firm Principal Office Fax: 952-445-4191 Texas Fax: 512-485-1156 Facsimile Number of Firm Acknowledgement The State of Texas ) County of ,;I I I MA S .0 12 SUBSCRIBED AND SWORN TO BEFORE ME on this 1 J day of the month of 2023,in the capacity and for the purposes indicated. 1&&&J� Notary Yublic, State of Texas NIKITAYERRAM Notary ID#134507808 My Commission Expires AUPUSt 15,2027 My Commission Expires: 20 24SEASON MARCH/APRIL MAY JUNE SUN MON TUE WEO THU GRI SAT SUN MON TUE WEO THU FRI SAT SUN MON TUE WEED THU FRI SAT 29 30 1 SUG SUG mmmm ELP 31 SUG EMMMMM Mol LV 8 LV 9 LV I0LV II LV 2ELP EMMMM .'® ME9 10 II 12 13 12 14 15 16 17 18 II 12 13 14 15 OKC OKC OKC OKC OKC LV E RNO RNO RNO RNO RNO ME TAC TAC TAC TAC TAC IOKC ®®®®®® '9 NO ®® I TAC 23 24 25 26 27 29 30 31 25 26 27 28 29 Imm SL SL SL SL SL 1MEN ELP ELP ELP ELP ME ELP ELP ELP ELP ELP 28SL E E � � 3ELP JULY AUGUST SEPTEMBER SUN MON TUE WEE:) THU FRI SAT SUN MON TUE WEE-0 THU FRI SAT SUN MON TUE WEE) THU FRI SAT ISUG SUG SUG MMM ISUG SUG SUG IOKC ©®®®®® 4 12 13 14©m®®®®® SUG ©®®®®® ME'OSAC ISAC SAC SAC SAC MEEME IOKC 2OKC Ina13 14 15 16 17 15 MMMMM ABQ ABQ ABQ ABQ ABQ SAC 20KC ® ► : ► : ► : ► : M IABQ M®®®®® MEMEEME ME30 31 27 28 29 30 31 ' HOME F ' SUG SUG am OKC OKC OKC OKC OKC RREXPRESS �(�� U LT R A 00200 BID BOND BID BOND THE STATE OF TEXAS § § KNOW ALL BY THESE PRESENTS: COUNTY OF WILLIAMSON § That Greystone Construction Company of the City of Shakopee County of Scott State of Minnesota as Principal, and Liberty Mutual 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 the Total Amount Bid(5%) Dollars($------------- --- ). 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 Dell Diamond-Visitor Clubhouse&Stadium Technology for which Bids are to be opened at the office of Owner on the 13th day of October ,2023 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 1 Oth day of the month of October 2023 . Greystone Construction Company Liberty Mutual Insurance Company Pri ipal , Surety R.C.Bowman Printed N Printed Name By: By: Title: CSI .er7 Title: ttom an-Fact Address' 2995 Winners Circle, Suite 200 Address: 175 Berkeley Street Shakopee,MN 55379 Boston,MA 02116 00200 4-2020 Page 1 Bid Bond 00443638 i R t Agent o S ffety., Signature Ginger Hoke Printed Name Holmes Murphy&Associates, Inc. 12712 Park Central Drive,Suite 100 Street Address Dallas,TX 75251 City,State,Zip Page 2 00200 4-2020 Bid Bond 00443638 ACKNOWLEDGEMENT OF PRINCIPAL STATE OF Minnesota COUNTY OF JKLQ.PJ��1 ) On this day of II��,in the year 7 ei:z 3 ,before me personally appeared ( r� (�i ✓►'t T _ y(L'-`�i` - - _ _ of Greystone Construction Company known to me to be the person whose name is subscribed to the instrument,and acknowledge that he/she executed the same. In WITNESS WHEREOF,I have hereunto set my hands and tffixed my official seal,the day and year in this certificate first above written. / / 7' -�— +� VANA MARIE GREISCHAR pi" 4 Notary Public ,Notary Public 3 State of Minnesota r b My Commission Expires M Commission Expires: �1 zoZ 7 January31,2025 Y P _ ACKNOWLEDGEMENT OF SURETY STATE OF Wisconsin t COUNTY OF Dane i On this 10th day of October in the year 2023 before me personally come(s) R.C.Bowman Attorney-in-Fact of Liberty Mutual Insurance Company with whom I am personally acquainted,and who,being by me duly sworn,says that he/she is the Attorney-in-Fact of Liberty Mutual Insurance Company ,the company described in and which executed the within instrument;that he/she know(s)the corporate seal of such Company;and that the seal affixed to the within instrument is such corporate seal and that it was affixed by order of the Board of Directors of said Company,and that he/she signed said instrument as Attorney-in-Fact of the said Company by like order. In WITNESS WHEREOF,I have hereunto set my hands and affixed my official 4 al,the day and year in this certificate first above written. LE STIL( � j �� ;�\GO - "' ANC,'�, Nicole tillingii!potary Public y My Commission f?xpires: 09119/2026 tp ., (/BI-\ OF'W�gG This Power of Attorney limits the acts of those named herein,and they have no authority to bind the Company except In the manner and to the extent herein stated. Liberty Liberty Mutual Insurance Company Mutual. The Ohio Casualty Insurance Company Certificate No 8210698-190054 SURETY West American Insurance Company POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS:That The Ohio Casualty Insurance Company is a corporation duly organized under the laws of the State of New Hampshire,that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts,and West American Insurance Company is a corporation duty organized under the laws of the State of Indiana(herein collectively called the"Companies'),pursuant to and by authority herein set forth,does hereby name,constitute and appoint Bnan J. Oestreich,Colby D White,Emily White,Joshua R.I.ofths,I.in Ulven,Melinda C Rlodgeu,Michelle Morrison,Nathan Weaver,Nicole Stillings,R.C.Bowman,R.W Frank,Rachel Thomas,Ross S.Squires,Sandra M.Cngstrum,Sarah Dragt,I ed Jorgensen,Tina Domask all of the city of Minneapolis stale of MN each individually I there be more than one named,its true and lawful attomey-iniact to make, execute,seal,acknowledge and deliver,for and on its behalf as surety and as its act and deed..any and all undertakings,bonds,recognizances and other surety obligations,in pursuance of these presents and shall be as binding upon the Companies as if they have been duty signed by the president and attested by the secretary of the Companies in their own proper persons. IN WITNESS WHEREOF,this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this 31 sL day of Aqust 2023 . Liberty Mutual Insurance Company PX,%Hsu P�ZY INSp 1Nsu. the Ohio Casualty Insurance Company r`OpPO1p4'o-jm '3`°aP0i4+��yy� 3°oaPOR,r�'1'm West American Insurance Company Vi 1912 0 0 1919 i 1991 0 C Y t �`� 'f- Py � � H Ir N +d�cH°s"jD O'�r•q�rPe`F L� YS, Mrpn>•► dD� r -- C U ez> Fev �'Hl By: --- — 10 David M.Carey,Assi stant Secretary c Co m State of PENNSYLVANIA --j County of MONTGOMERY ss o E Uo On this 31 st day of August 2023 before me personalty appeared David M.Carey,who acknowledged himself to be the Assistant Secretary of Liberty Mutual Insurance 0) m Company,The Ohio Casualty Company,and West American Insurance Company,and that he,as such,being authorized so to do,execute the foregoing instrument for the purposes m therein contained by signing on behalf of the corporations by himself as a duty authorized officer. } e a IN WITNESS WHEREOF,I have hereunto subscribed my name and affixed my notarial seal at Plymouth Meeting,Pennsylvania,on the day and year first above written. O N mEnPAST d O O Cvm nweaftn c(Pernsytiania-Nciary Seal ti�gyp` �fi 7 Te•esa Pastella.Notary Public Mm �J--� y•— O 0) OF tgome County (/ E O / rQ My c nvssm expires Mard 28.2025 B ,L,�.-I./,-:�t �idi O N C C.—."-number 1125044 y - ---- 0. -4 _¢ Mambei Panrsyi—ia A—iaVan a Notara" Teresa Pastella,Notary Public _Q `o m Aqy P�1® C,CD This Power of Attorney is made and executed pursuant to and by authority of the following By-laws and Authorizations of The Ohio Casualty Insurance Company, Liberty MtRual 3 m O.S Insurance Company,and West American Insurance Company which resolutions are now in full force and effect reading as folows. d M E(6 ARTICLE IV-OFFICERS:Section 12.Power of Attorney. °p f6 Any officer or other official 0 the Corporation authorized for that purpose in writing by the Chairman or the President,and subject to such limitation as the Chairman or the-0- -0 >, President may prescribe,shall appoint such atlomeys-in-fact as may he necessary to act in behalf of the Corporation to make,execute,seal,acknowledge and deliver as surety >M C:i any and all undertakings,bonds,recognizances and other surety obligations.Such attomeys-in-fact,subject to the limitations set forth in their respective powers of attorney,shall-0 have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation.When so executed,such 0 a) 0 instruments shall be as binding as if signed by the President and attested to by the Secretary.Any power or authority granted to any representative or attomey-in-fact under the--0 aymi provisions of this article may be revoked at any time by the Board,the Chairman,the President or by the officer or officers granting such power or authority. ti— cL ARTICLE XII-Execution of Contracts:Section 5.Surety Bonds and Undertakings. Any officer of the Company authorized for that purpose in writing by the chairman or the president,and subject to such limitations as the chairman or the president may prescribe, shall appoint such attorneys in-fact,as may be necessary to act in behalf of the Company to make,execute,seal,acknowledge and deliver as surety any and all undertakings, bonds,recognizances and other surety obligations.Such attomeys-in-fact subject to the limitations set forth in their respective powers of attorney,shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company.When so executed such instruments shall be as binding as if signed by the president and attested by the secretary. Certificate of Designation-The President of the Company,acting pursuant to the Bylaws of the Company,authorizes David M.Carey,Assistant Secretary to appoint such allomeys-In- fad as may be necessary to act on behalf of the Company to make,execute seal,acknowledge and deliver as surety any and all undertakings,bonds,recognizances and other surety obligations. Authorization-By unanimous consent of the Company's Board of Directors,the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company,wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds,shall be valid and binding upon the Company with the same force and effect as though manually affixed. I,Renee C.Llewellyn,the undersigned,Assistant Secretary,The Ohio Casualty Insurance Company,Liberty Mutual Insurance Company,and West American Insurance Company do hereby certify that the original power of attorney of which the foregoing is a full,true and correct copy of the Power of Attorney executed by said Companies,is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed fine seals of said Companies this 10th day of October , 2023 1NSU �S'f INS,, a hNSUR IJP�°aPory�q(+ bJt•°a°P R,�t :Pa°�O�r9yC' E C. Y 1912 c 0 1919 1991 s e O ~dV1�aO� `'�'as h�rpf s r� �'OIAMP• .�a; By:. C u — az2 Renee C.Lleweltyn,Assistant Secretary LMS-12873 LMIC OCIC WAIL WIN C°02121 0 Liberty �mutuil. SURETY TEXAS TEXAS IMPORTANT NOTICE AVISO IMPORTANTE To obtain information or make a complaint: Para obtener informacon o para someter una queja: You may call toll-free for information or to Usted puede llamar al numero de telefono gratis make a complaint at para informacon o para sometcr una queja al 1-877-751-2640 1-877-751-2640 You may also write to: Usted tambien puede escribir a: 2200 Renaissance Blvd.,Ste. 400 2200 Renaissance Blvd., Ste.400 King of Prussia,PA l 9406-2755 King of Prussia, PA 19406-2755 You may contact the Texas Department of Puede comunicarse con el Departamento de Insurance to obtain information on companies, Seguros de Texas para obtener informacon coverages,rights or complaints at acercadecompanias,coberturas,derechosoqucjasal 1-800-252-3439 1-800-252-3439 You may write the Texas Department of Insurance Puede escribir al Departamento de Seguros Consumer Protection (l 1 1-IA) do Texas Consumer Protection (I l 1-IA) P. O. Box 149091 P. O. Box 149091 Austin, TX 78714-9091 Austin,TX 78714-9091 FAX: (512)490-1007 FAX#(512)490-1007 Web: http://www.tdi.tcxas.gov Web: http://www.tdi.texas.gov E-mail: ConsumerProtectionntdi.texas.gov E-mail: ConsumerProtection( di.texas.gov PREMIUM OR CLAIM DISPUTES: DISPUTAS SOBRE PRIMAS O RECLAMOS: Should you have a dispute concerning your Si tiena una disputa conccrnienle a su prima o a premium or about a claim you should first un reclamo, debe comunicarse con el agente o contact the agent or call 1-800-843-6446. primero. Si no se resuelve la disputa, puede If the dispute is not resolved,you may contact the entonces comunicarse con el departamento(TDI) Texas Department of Insurance. ATTACH THIS NOTICE TO YOUR UNA ESTE AVISO A SU POLIZA: POLICY: This notice is for information only and does not Este aviso es solo para proposito de informacon become apartor condition ofthe attached document. y no se convierte en parte o condicion del documento adjunto. NP 70 68 09 01 WS-15292 10115 00300 PROPOSAL FORM Request for Competitive Sealed Proposals for Construction Services PROPOSAL FORM—Addendum No.2 PROJECT NAME: DELL DIAMOND — VISITOR'S CLUBHOUSE & STADIUM TECHNOLOGY PROJECT LOCATION: 3400 E Palm Valley Blvd,Round Rock,TX 78665. PROJECT OWNER: City of Round Rock,Texas DATE: October 13,2023 PROPOSER: Firm Name: Greystone Construction Company Principal Office Address:2995 Winners Circle Drive#200, Shakopee,MN 55379 Telephone Number:952-496-2227 Facsimile Number: 952-445-4191 Primary Contact Name: Eric Bender Primary Contact Title: VP of Construction Operations/Principal ADDENDA ACKNOWLEDGMENT: The undersigned Proposer acknowledges receipt of the following addenda: Addendum No. 1 dated 9/20/23 Date Received 9/20/23 Addendum No. 2 dated 9/29/23 Date Received 9/29/23 Addendum No.3 dated 10/9/23 Date Received 10/9/23 Addendum No.4 dated Date Received NO MODIFICATIONS,ADDITIONS,DELETIONS OR ATTACHMENTS SHALL BE MADE TO THIS PROPOSAL FORM. IN SUBMITTING THIS PROPOSAL, THE PROPOSER REPRESENTS THAT ALL LABOR, MATERIALS, EQUIPMENT AND SERVICES ASSOCIATED WITH THE WORK, AS WELL AS THE TERMS AND CONDITIONS OF THE PROPOSED CONTRACT, SHALL BE IN STRICT CONFORMANCE WITH THE CONTRACT DOCUMENTS ON WHICH THIS PROPOSAL IS BASED. CONTRACTOR PROPOSES: In response to the Request for Competitive Sealed Proposals for Construction Services for the execution of the work described by the contract documents for the above-described project, and having examined the site where the work is to be performed,and being familiar with local conditions as they might in any way affect the cost and/or time for execution of the work, and having carefully examined all of the contract documents and addenda thereto, the undersigned Proposer agrees to perform all of the work, to provide all services,to furnish all necessary superintendence,labor,machinery,equipment,tools,materials, insurance and miscellaneous items,including transportation and other facilities as may be required for the complete and satisfactory and timely execution of the work for which this proposal is submitted,as provided by the attached supplemental specifications and as shown on the plans for the construction of the project, all for the lump-sum consideration stated as follows: TOTAL PROPOSED CONTRACT SUM to include Owner's Betterment Allowance of Five Hundred Thousand Dollars($500,000.oo) TOTAL PROPOSED CONTRACT SUM: $4,305,750 Four million,three hundred five thousand,seven hundred fifty VOLUNTARY ALTERNATE SUM: (Attach description on separate sheet if needed) One thousand,four hundred 1400 Dollars($ The undersigned Proposer agrees to commence work within ten(10)days after the date of written "Notice to Proceed." The undersigned Proposer further agrees to complete the work in full within 365 calendar days after the date of the written"Notice to Proceed,"subject to any extensions of time allowed by the contract documents,and in phases as indicated on the drawings. The undersigned Proposer and the Owner agree that for each and every calendar day on which the work,or any portion thereof,remains incomplete after the stated calendar-day period,the Proposer shall pay the amount of Five Thousand Dollars($5,000.00)per calendar day as liquidated damages,not as a penalty but for delay damages to the Owner. Such amount shall be deducted by the Owner from any payment due to the Proposer. The undersigned Proposer agrees that this proposal shall be good for and may not be withdrawn for a period of one hundred and twenty(120)calendar days after closing deadline for receiving proposals. The undersigned Proposer agrees,if notified of the acceptance of this proposal within one hundred and twenty(120)days of the time set for opening of proposals,to execute and deliver to the Owner within five(5)days from the date of such notification the required construction contract,a performance bond and a payment bond for the total amount of the construction agreement, and a certificate of insurance, all as stipulated in the contract documents. The undersigned Proposer agrees to attach to this proposal a certified check, cashier's check or proposal bond in the amount of five percent(5%)of the total proposed contract sum. Also accompanying this proposal is all information required in the"Instruction to Proposers." It is understood and agreed by and between the parties that the proposal security accompanying this proposal will be returned to the Proposer, except in the following instance: in the event of acceptance of this proposal,if the Proposer fails to execute the required construction agreement and deliver the required performance and payment bonds within five (5) days after acceptance, then the proposal security shall become the property of the Owner and shall be considered as liquidated damages for the delay and other inconveniences suffered by the Owner because of such failure of the Proposer. The undersigned Proposer acknowledges that the Owner reserves the right to reject any and/or all proposals covered in this Request for Competitive Sealed Proposals and that the Owner has the right to waive any informalities and/or defects in proposals or to accept such proposals as it shall deem to be in the best interests of the Owner. In submitting this proposal, the Proposer represents that no person or company other than the Proposer listed below or otherwise indicated hereinafter has any interest whatsoever in this proposal or the construction agreement that may be entered into as a result hereof. The undersigned Proposer certifies that the proposed contract sum and all prices contained in this proposal have been carefully checked and are submitted as correct and final. The undersigned Proposer further certifies that the unit prices have been shown in words and figures for each item listed in this proposal; and it is understood and agreed that, in the event of a discrepancy,the words shall govern. The undersigned Proposer affirms that she/he/they are duly authorized to execute this proposal,and that this company, corporation, firm, partnership, and/or individual has not prepared this proposal in collusion with any other Proposer. The undersigned Proposer affirms that the content of this proposal as to prices, terms, and conditions has not been communicated by the undersigned nor by any agents or employees of the undersigned to any other person engaged in this type of business, prior to the official public opening of this proposal. This Proposal Form shall be signed by the Proposer as follows: J. Sole Proprietorship: Signature of sole proprietor in the presence of a notary public who will also sign and affix seal, printed name, and printed title (if any). Insert the printed words "Sole Proprietor"under the signature. K. Partnership or Joint Venture: Signature of all partners or joint venturers in the presence of a notary public who will also sign and affix seal,printed name,and printed title(if any). Insert the printed words"Partner"or"Joint Venturer"under each signature. L. Corporation:Signature of duly authorized signing officers,printed names,and printed titles. Under each such signature,insert the capacity in which the signing officer acts. Affix the corporate seal. Signature of Proposer Eric Bender Name of Proposer VP of Construction Operations/Principal Title Greystone Construction Company Name of Firm 2995 Winners Circle Drive#200, Shakopee, MN 55379 Address of Firm 952-496-2227 Telephone Number of Firm 952-445-4191 Facsimile Number of Firm [Corporate Seal if a corporation] Acknowledgement The State of Texas ) County of ► S () SUBSCRIBED AND SWORN TO BEFORE ME on this 13 day of the month of C�c fi 0 bar , 2023,in the capacity and for the purposes indicated. Notary Yublic, State of Texas NIKITAYERRAM My Commi sion Expires] August 15,2027 My Commission Expires: 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: Greystone Construction Company Address: 409 W. Main Street,Round Rock,TX 78664 Phone: 512-348-1038 Completed by: Tony Condon, Safety Director Date: 10/13/2023 1. Does the company have a written construction Safety program? E]Yes ❑No 2. Does the company conduct construction safety inspections? ❑✓Yes ❑No 3. Does the company have an active construction safety-training program? E]Yes ❑No 4. Has the company been fined by OSHA for any willful safety violations in the past []Yes 0 No three years? 5. Does the company have a lost time injury rate of 7.8 for SIC 15,or 7.6 for SIC 16, ❑Yes 0 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 0 Yes ❑No ❑N/A B. Excavation 0 Yes []No ❑N/A C. Cranes 0 Yes []No [:]N/A D. Electrical Q Yes []No ❑N/A E. Fall Protection El Yes []No ❑N/A F. Confined Spaces ❑✓ Yes []No []N/A I hereby certify that the above information is true and correct. Signature _Title Safety Director Page 1 00410 8-2014 Statement of Bidder's Safety Experience 00090654 Attention: This form contains Information relating OSHAe to employee health and must be used in a manner s Form 300 (Rev. 01/2004) that protects the confidentiality of employees to the Year 2021 extent possible while the information is being used Log of Work-Related Injuries and Illnesses for occupational safety and health purposes. U.S. Department of Labor Occupational Safety and Health Administration You must record Information about every work-related injury or illness that involves loss of consciousness,restricted work activity or job transfer,days away from work,or medical treatment Form approved OMB no.1218-0176 beyond first aid.You must also record signmrcant work-moved injuries and Illnesses that are diagnosed by a physician or licensed health we professional.You must also record work related injuries and i lnesses that meet any of the specific recording crienia listed in 29 CFR 1904.8 through 1904.12 Feel free to use two lines for a single case if you need to.You must compete an Establishment name G reystone Construction Company injury and illness incident report(OSHA Form 301)of equivalent form for each injury or Illness recorded on this forn.If yourre not sure whether a case is recordable,call your local OSHA office for help. City Shakopee State Minnesota Identii r the person Describe the case Classif)f the case Enter the number of (A) (B) (C) A (E) (F) CHECK ONLY ONE box for each case based on days the Injured or III Check the"injury"column or choose one type Case Employee's Name Job Title (e.g., Date of Where the event occurred(e.g. Describe injury or illness,parts of body affected, the most serious outcome for that case: worker was: of illness: No. Welder) injury or Loading dock north end) and object/substancc that directly injured or onset of made person ill(e.g.Second degree bums on tM) illness right forearm from acetylene torch) Da awn Awa On job m m (mou'day) Death fromworY. Ruxneinedatworlc y transferor 9 —` From restriction $ a c Q Job transfer Other record- Work (days) z a v S or restriction able cases (days) 3 d `o o m - 5 to W U d = Q G) H I J) K (L) (1 (2) 3 4 5 6 21-1 Fabric 01-26-21 Waukesha,WI tJeck strain rerni snow from fabric bidg x x Page totals 0 0 1 0 1 o 1 o f o t 0 0 1 0 0 Be sure to transfer these totals to the Summary page(Form 300A)before you post it. z o h s Public reporting burden for this collection of information is estimated to average 14 minutes per response,inreu ling Vie O N o $ it C A _ to review the irustnctbn,search and gathm the data needed,and complete and review the collection of information. Urr Persons are not required to respond to the collection of information uiniess Il displays a currently valid OMB control rn = o number.If you have any comments about these estimates or any aspects of this data collection,contact US 3 Department of Labor,OSHA Office of Statistics,Room N-3644,200 Constitution Ave,NW,Washington,DC 20210. Do not send the competed tortes to this office. Page 1 of 1 (1) (2) (3) (4) (5) (6) Attention: This form contains information relating to employee health and must be used in a manner OSHA s Form 300 (Rev. 01/2004) that protects the confidentiality of employees to the Year 2020 extent Log of Work-Related Injuries and Illnesses for lsile feyaidhealthpn�beingused p for occupational safety and health purposes. U.S. Department of Labor Occupational Safety and Health Administration You must record information about every work-related injury or illness that involves loss of consdousness,restricted work activity orjob transfer,days away from work,or medical treatment Form approved OMB no.1218-0176 beyond first aid.You must also record significant work-related injuries and illnesses that are diagnosed by a physician or licensed health care professional.You must also record work-related injuries and illnesses that meet any of the specific recording criteria listed in 29 CFR 1904.8 through 1904.12.Feel free to use two lines for a single case if you need to.You must complete an Establishment name Greystone Construction Company injury and illness incident report(OSHA Forth 301)or equivalent form for each injury or illness recorded on this forth.If you're not sure whether a case is recordable,call your local OSHA office for help. City Shakopee State Minnesota Identify the person Describe the case Classify the case Enter the number of (A) (B) (C) (D) (E) (F) CHECK ONLY ONE box for each case based on days the injured or ill Check the"injury"column or choose one type Case Employee's Name Job Tide (e.g., Date of Where the event occurred(e.g. Describe injury or illness,parts of body affected, the most serious outcome for that case: worker was: of illness: No. Welder) injury or Loading dock north end) and object/substance that directly injured or onset of made person ill(e.g.Second degree burns on (M) N illness right forearm from acetylene torch) Days away Away On job N c (mo./day) Death Remained at work transfer or '2Z o a from work From restriction y m o o d Job transfer Other record- work (days) Z. 'on o o u o or restriction able cases (days) s iu o o m rn �c� a x a (G) (H) (I) (J) (K) (L) (1) (2) (3) (4) (5) (6) 20-1 Framer 11/19 Work Bench Cut two fingers with worm drive saw x x Page totals o 0 0 1 0 1 0 1 0 0 1 0 1 0 1 0 Be sure to transfer these totals to the Summary page(Form 300A)before you post it. E o o c o N C O T 1 O y Public reporting burden for this collection of information is estimated to average 14 minutes per response,inducting time o .N o o m c to review the instruction,search and gather the data needed,and complete and review the collection of information. 0 O d m Z Persons are not required to respond to the collection of information unless it displays a currently valid OMB control U) = o number. If you have any comments about these estimates or any aspects of this data collection,contact:US — Department of Labor,OSHA Office of Statistics,Room N-3644,200 Constitution Ave,NW,Washington,DC 20210.Do not send the completed forms to this office. Page 1 of 1 (1) (2) (3) (4) (5) (6) Attention: This form contains information relating to employee health and must be used in a manner OSHA s Form 300 (Rev. 01/2004) that protects the confidentiality of employees to the Year 2022 ` extent possible while the information is being used U.S. Department of Labor Log of Work-Related Injuries and Illnesses for occupational safety and health purposes. Ucc.:paLonal Sa'ety and hmalt-,i19:nuris,-aLx You must record information about every work-related injury or illness that involves loss of consciousness,restricted work activity or job transfer,days away from work,or medical treatment Form approved OMB no.1216-0176 beyond first aid.You must also record significant work-related injuries and illnesses that are diagnosed by a physician or licensed health care professional.You must also record work-related injuries and illnesses that meet any of the specific recording criteria listed in 29 CFR 1904.8 through 1904.12.Feel free to use two lines for a single case if you need to.You must complete an Establishment name Greystone Construction Company injury and illness incident report(OSHA Form 301)or equivalent form for each injury or illness recorded on this form.If you're not sure whether a case is recordable,call your local OSHA office for help. City Shakopee State Minnesota Identify the person Describe the case Classify the case Enter the number of (A) (13) (C) (D) (E) (F) CHECK ONLY ONE box for each case based on days the injured or ill Check the"injury"column or choose one type of Case Employee's Name Job Title (e.g., Date of Where the event occurred(e.g. Describe injury or illness,parts of body affected, the most serious outcome for that case: worker was: illness: No. Welder) injury or Loading dock north end) and object/substance that directly injured or made onset of person ill(e.g.Second degree bums on right (M) w illness forearm from acetylene torch) Da awe Awe On job `m m c (coo./day) Death from work Remained at work y transfer or '2 Z. a,From restriction m Job transfer Other record- Work (days) Z• .a a o •`c L 0 or restriction able cases (days) N or Q. _ (G) (H) (l) (J) (K) (L) (1) (2) (3) (4) (5) (6) 22-1 Superintendent 06122 US Internet Gorham Jobsite Strained right shoulder x x 22-2 Erector 11/03 Olham County Ohio Jobsite Scratch on left hand became infected x x 22-3 Field Engineer 11/10 OMRY Jobsite Low back strain x x 22-4 Carpenter 11/28 MFA Ravenwood MO Jobsite Fractured left ankle x 6 63 x Page totals 0 1 0 1 3 1 6 1 63 4 1 0 0 0 0 1 0 Be sure to transfer these totals to the Summary page(Form 300A)before you post it, z o o o N O 9 O m Public reporting burden for this collection of information is estimated to average 14 minutes per response,including time M v .5 to review the instruction,search and gather line data needed,and complete and review the collection of information. _ Persons are not required to respond to the collection of information unless it displays a currently valid OMB control = o number.If you have any comments about these estimates or any aspects of this data collection,contact:US Department of Labor,OSHA Office of Statistics,Room N-3644,200 Constitution Ave,NW,Washington,DC 20210.Do not send the completed forms to this office. Page 1 of 1 (1) (2) (3) (4) (5) (6) 00500 STANDARD FORM AGREEMENT City of Round Rock, Texas Contract Forms Standard Form of Agreement for Competitive Sealed Proposal: Section 00500 City of Round Rock, Texas Standard Form of Agreement between Owner and Contractor i4LAGREEMENT made as of the ( )day of� in the year 2023. BETWEEN the Owner: City of Round Rock,Texas(hereafter"Owner"or"City") 221 East Main Street Round Rock,Texas 78664 and the Contractor: Greystone Construction Company ("Contractor) 2995 Winners Circle Dr.#200 Shakopee,Minnesota 55379 The Project is described as: Dell Diamond-Visitor's Clubhouse&Stadium Technology 3400 E Palm Valley Blvd Round Rock,Texas The Architect is: MSA Design. 316 West Fourth St. Cincinnati,Ohio 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 Page 1 of 6 Standard Form of Agreement 00457492/ss2 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 entire Work no later than Three Hundred and Thirty Five 3( 35) calendar days from issuance by Owner of Notice to Proceed, subject to adjustments of this Contract Time as provided in the Contract Documents. 3.5 If Contractor fails to achieve Substantial Completion of the Work(or any portion thereof)on or before the date(s) specified for Substantial Completion in the Agreement, Contractor shall pay to Owner, as liquidated damages, the sum of Five Thousand and No/100 Dollars ($5000.00) for each calendar day that Substantial Completion is delayed after the date(s) specified for Substantial Completion. It is hereby agreed that the liquidated damages to which Owner is entitled hereunder are a reasonable forecast of just compensation for the harm that would be caused by Contractor's failure to achieve Substantial Completion of the Work(or any portion thereof)on or before the date(s)specified for Substantial Completion in the Agreement.It is agreed that the harm that would be caused by such failure, which includes loss of expected use of the Project areas, provision of alternative storage facilities and rescheduling of moving and occupancy dates, is one that is incapable or very difficult of accurate estimation.It is hereby agreed that if Substantial Completion of the Work(or any portion thereof)is not achieved on or before thirty (30)days after the date(s) specified for Substantial Completion in the Agreement, the Owner shall have the option to either collect liquidated damages as set forth herein or to thereafter rely on its remedies under the Contract Documents and at law and in equity, including without limitation, the recovery of actual damages. The date(s)specified for Substantial Completion of the Work(or any portion thereof)in the Agreement shall be subject to adjustment as provided in the Contract Documents. 3.6 Contractor shall achieve Final Completion of the entire Work no later than Three Hundred and Sixty-Five 365 calendar days from issuance by Owner of Notice to Proceed. ARTICLE 4 CONTRACT SUM 4.1 Owner shall pay Contractor the Contract Sum in current funds for Contractor's performance of the Contract.The Contract Sum shall beFour minion,three hundred eve thousand,seven hundred fifty($ 4,305,750.00),subject to additions and deductions as provided in the Contract Documents. 4.2 The Contract Sum is based upon the following alternates which are described in the Contract Documents and are hereby accepted by Owner: N/A ARTICLE 5 PAYMENTS 5.1 PROGRESS PAYMENTS 5.1.1 Based upon Applications for Payment submitted to Architect and Owner by Contractor,and Certificates for Payment issued by Architect and not disputed by Owner and/or Owner's lender, Owner shall make progress Page 2 of 6 l payments on account of the Contract Sum to Contractor as provided below, in Article 14 of the City of Round Rock General Conditions,and elsewhere in the Contract Documents. 5.1.2 The period covered by each Application for Payment shall be one calendar month ending on the last day of the month. 5.13 Provided that an Application for Payment is received by Architect and Owner, and Architect issues a Certificate of Payment not later than the tenth(1 Oth)day of a month,Owner shall make payment to Contractor not later than the tenth(loth)day of the next month. If an Application for Payment is received by Architect and Owner after the application date fixed above,payment shall be made by Owner not later than one month after the Architect issues a Certificate for Payment. 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 Architect and Owner may require. This schedule, unless objected to by Architect 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 City of Round Rock 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 Architect. 5.2.2 Owner's final payment to Contractor shall be made no later than thirty (30) days after the issuance of Architect'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 City of Round Rock General Conditions. 6.2 The Work may be suspended by Owner as provided in Article 15 of the City of Round Rock General Conditions. Page 3 of 6 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 for Competitive Sealed Proposals,as modified. 7.1.2 The General Conditions are the "City of Round Rock Contract Forms 00700," General Conditions, as modified. 7.13 The Supplementary, Special, and other Conditions of the Contract are those contained in the Project Manual dated November, 2023. 7.1.4 The Specifications are those contained in the Project Manual dated November, 2023 7.1.5 The Drawings,if any,are those contained in the Project Manual dated November, 2023 7.1.6 The Insurance&Construction Bond Forms of the Contract are those contained in the Project Manual dated November, 2023 7.1.7 The Notice to Proposers, Instructions to Proposers, Proposal Form, and Addenda, if any, are those contained in the Project Manual dated November, 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: Exhibit A RR Express 2024 Calendar 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: Gina Cordeiro Project Manager General Services Department 212 Commerce Road Round Rock,Texas 78664 83 Contractor's representative is: Eric Bender VP of Construction Operations 2995 Winners Circle Dr.#200 Shakopee.Minnesota 55379 8.4 Neither Owner's nor Contractor's representative shall be changed without ten (10) days' written notice to the other party. 8.5 Waiver of any breach of this Agreement shall not constitute waiver of any subsequent breach. Page 4 of 6 8.6 Owner agrees to pay Contractor from available funds for satisfactory performance of this Agreement in accordance with the 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 In accordance with Chapter 2270, Texas Government Code, a governmental entity may not enter into a contract with a company for goods or services unless the contract contains written verification from the company that it: (1) does not boycott Israel; and (2) will not boycott Israel during the term of this contract. The signatory executing this Agreement on behalf of Contractor verifies Contractor does not boycott Israel and will not boycott Israel during the term of this Agreement. 8.9 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. 8.10 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. 8.11 The parties, by execution of this Agreement, bind themselves, their heirs, successors, assigns, and legal representatives for the full and faithful performance of the terns and provisions hereof. [Signatures on the following page.] Page 5 of 6 This Agreement is entered into as of the day and year first written above and is executed in at least three(3) original copies, of which one is to be delivered to Contractor, one to Architect for use in the administration of the Contract,and the remainder to Owner. OWNER CONTRACTOR CITY OF ROUND ROCK,TEXAS �jrC yS�ollc COhl�rvc�io..� Printed Name: Printed Name: Er" �Q H 4�G' Title: NTitle: Vo Date Signed: LP 12 3 Date Signed: I IF ATTEST: �A A -4.4 VA ty Clerk - 7 — - FOR CITY,APPROVED AS TO FORM: Z�22�e''��2�' ' i tto ey Page 6 of 6 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. Bond No. 190053633 PERFORMANCE BOND THE STATE OF TEXAS § § KNOW ALL BY THESE PRESENTS: COUNTY OF WILLIAMSON § That Greystone Construction Company of the City of Shakopee , County of Scott , and State of MN , as Principal, and Liberty Mutual 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 Four Million Three Hundred Five Thousand Seven Hundred Fifty&00/100 Dollars ($4,305,750.00 ) 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 16th day of November , 20 23 to which the Agreement is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein consisting of: Dell Diamond-Visitor Clubhouse&Stadium Technology,3400 E.Palm Valley Blvd.,Round Rock,TX NOW, THEREFORE, THE CONDITIONS OF THIS OBLIGATION IS SUCH, that if the said Principal shall faithfully perform said Agreement and shall, in all respects, duly and faithfully observe and perform all and singular the covenants, conditions and agreements in and by said Agreement, agreed and covenanted by the Principal to be observed and performed, including but not limited to, the repair of any and all defects in said work occasioned by and resulting from defects in materials furnished by or workmanship of,the Principal in performing the Work covered by said Agreement and occurring within a period of twelve (12) months from the date of Final Completion and all other covenants and conditions, according to the true intent and meaning of said Agreement and the Plans and Specifications hereto annexed,then this obligation shall be void; otherwise to remain in full force and effect; PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Chapter 2253, Texas Government Code, as amended, and all liabilities on this bond shall be determined in accordance with the provisions of said Chapter 2253 to the same extent as if it were copied at length herein. Page 1 00610 4-2020 Perforniance 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 4,3u5,q t�o, oo 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 16th day of November , 20 23 Greystone Construction Company Liberty Mutual Insurance Company Principal Surety tv t c- bt ondt- Joshua R.Loftis Printed Name Printed Name MY"o.N20 By:Z71ik By: Title: t/p Titl Attorney-in- ct Address: 2995 Winners Circle,Suite 2 Address: 175 Berkeley Street Shakopee,MN 55379 Boston,MA 02116 Resident Agent of Surety: iPS gnd?ure Ginger Hoke Printed Name 12712 Park Central Drive,Suite 100 Street Address Dallas,TX 75251 City, State &Zip Code Page 2 00610 4-2020 Perforniance Bond 00443639 Bond No. 190053633 PAYMENT BOND THE STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF WILLIAMSON § That Greystone Construction Company , of the City of Shakopee , County of Scott , and State of MN , as Principal, and Liberty Mutual 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 Four Million Three Hundred Five Thousand Seven Hundred Fifty&00/100 Dollars($ 4,305,750.00 ) 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 16th day of November , 20 23 to which Agreement is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein consisting of: Dell Diamond-Visitor Clubhouse&Stadium Technology,3400 E.Palm Valley Blvd.,Round Rock,TX NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall well and truly pay all subcontractors, workers, laborers, mechanics, and suppliers, all monies to them owing by said Principals for subcontracts,work, labor, equipment, supplies and materials done and furnished for the construction of the improvements of said Agreement, then this obligation shall be and become null and void; otherwise to remain in full force and effect. PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Chapter 2253, Texas Government Code, as amended, and all liabilities on this bond shall be determined in accordance with the provisions of said Chapter 2253 to the same extent as if it were copied at length herein. Page 1 00620 04-2020 Payment Bond 00437699 PAYMENT BOND (continued) Surety, for value received, stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Agreement, or to the Work performed thereunder, or the plans, specifications or drawings accompanying the same shall in anywise affect its obligation on this bond, and it does hereby waive notice of any such change,extension of time, alteration or addition to the terms of the contract, or to the work to be performed thereunder. IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this Instrument this 16th day of November 12023 Greystone Construction Company Liberty Mutual Insurance Company Principal Surety •�. *�' Frt c- ler.� Joshua R.Loftis Printed Name Printed Name By: "4� By: 6�? IA::::) Title:VP !j Cp.1lryeAb.. 494 Title: 4/—Mey-in-Facufr— Address:2995 Winners Circle,Suite 2 Address: 175 Berkeley Street Shakopee,MN 55379 Boston,MA 02116 Resident Agent of Surety: V` - yyj�'� gna re Ginger Hoke Printed Name 12712 Park Central Drive,Suite 100 Street Address Dallas,TX 75251 City, State&Zip Code Page 2 00620 1-2020 Payment Bond 00090656 This Power of Attorney limits the acts of those named herein,and they have no authority to bind the Company except in the manner and to the extent herein stated. Liberty Liberty Mutual Insurance Company Mutual® The Ohio Casualty Insurance Company Certificate No: 8210698-190054 West American Insurance Company SURETY POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS:That The Ohio Casualty Insurance Company is a corporation duly organized under the laws of the State of New Hampshire, that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts,and West American Insurance Company is a corporation duly organized under the laws of the State of Indiana(herein collectively called the"Companies"),pursuant to and by authority herein set forth,does hereby name,constitute and appoint, Brian J. Oestreich Colby D White Emily White Joshua R.Loftis,Lin Ulven,Melinda C.Blodgett,Michelle Morrison,Nathan Weaver,Nicole Stillings,R.C.Bowman,R.W. Frank Rachel Thomas Ross S.Squires Sandra M.Engstrum,Sarah Dragt,Ted Jorgensen,Tina Domask all of the city of Minneapolis state of MN each individually if there be more than one named,its true and lawful attorney-in-fact to make, execute,seal,acknowledge and deliver,for and on its behalf as surety and as its act and deed,any and all undertakings,bonds,recognizances and other surety obligations,in pursuance of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons. IN WITNESS WHEREOF,this Power of Attomey has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this 31 st day of August 2023 Liberty Mutual Insurance Company P�1NSU� P_11 INS&q a %%su.0 The Ohio Casualty Insurance Company , �oaPOfLar �n gJ °owPOfZar 9y MVP�°aPORyr�� West American Insurance Company 3 Fo m v 3 Fo m w 2 Fo t� Y ; 1912y on O 1919 n 1991 on : o Q Ydy1 �ssA By. eHU5�.aa yO hAMP`' a3 '<S1 �A'DIAA ,da3 r '_ U � Co m David M.Carey,Assistant Secretary co State of PENNSYLVANIA County of MONTGOMERY ss o On this 31 st day of August 2023 before me personally appeared David M.Carey,who acknowledged himself to be the Assistant Secretary of Liberty Mutual Insurance m purposes Company,The Ohio Casualty Company,and West American Insurance Company,and that he,as such,being authorized so to do,execute the foregoing instrument for the > therein contained by signing on behalf of the corporations by himself as a duly authorized officer. -FoIN WITNESS WHEREOF,I have hereunto subscribed my name and affixed my notarial seal at Plymouth Meeting,Pennsylvania,on the day and year first above written. O N y PAS 0 �Qr M°Nµ,F 1FC Commonwealth of Pennsylvania-Notary Seal O W Od` 'q(�, f Teresa Pastella,Notary Public Cu'Fa Z F Montgomery County i E O OF My commission expires March 28,2025 O cc O N Commission number 1126044 By. < >— eresa Pastella,NotaryPublic Q o Member,Pennsylvania Association of Notaries RY t t m This Power of Attorney is made and executed pursuant to and by authority of the following By-laws and Authorizations of The Ohio Casualty Insurance Company, Liberty Mutual 3 0040 EInsurance Company,and West American Insurance Company which resolutions are now in full force and effect reading as follows: o ARTICLE IV—OFFICERS:Section 12.Power of Attorney. o 0 Co Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President,and subject to such limitation as the Chairman or the v- a President may prescribe,shall appoint such attorneys-in-fact,as may be necessary to act in behalf of the Corporation to make,execute,seal,acknowledge and deliver as surety cu_ co N any and all undertakings,bonds,recognizances and other surety obligations.Such attorneys-in-fact,subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Corporation by their signature and execution of any-such instruments and to attach thereto the seal of the Corporation.When so executed, such CO: a) to Z instruments shall be as binding as if signed by the President and attested to by the Secretary.Any power or authority granted to any representative or attorney-in-fact under the- ccu provisions of this article may be revoked at any time by the Board,the Chairman,the President or by the officer or officers granting such power or authority. ILL cL ARTICLE XIII—Execution of Contracts:Section 5.Surety Bonds and Undertakings. Any officer of the Company authorized for that purpose in writing by the chairman or the president,and subject to such limitations as the chairman or the president may prescribe, shall appoint such attorneys-in-fact,as may be necessary to act in behalf of the Company to make,execute,seal,acknowledge and deliver as surety any and all undertakings, bonds,recognizances and other surety obligations.Such attorneys-in-fact subject to the limitations set forth in their respective powers of attorney,shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company.When so executed such instruments shall be as binding as if signed by the president and attested by the secretary. Certificate of Designation—The President of the Company,acting pursuant to the Bylaws of the Company,authorizes David M.Carey,Assistant Secretary to appoint such attorneys-in- fact as may be necessary to act on behalf of the Company to make,execute,seal,acknowledge and deliver as surety any and all undertakings,bonds,recognizances and other surety obligations. Authorization—By unanimous consent of the Company's Board of Directors,the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company,wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds,shall be valid and binding upon the Company with the same force and effect as though manually affixed. I,Renee C. Llewellyn,the undersigned,Assistant Secretary,The Ohio Casualty Insurance Company,Liberty Mutual Insurance Company,and West American Insurance Company do hereby certify that the original power of attorney of which the foregoing is a full,true and correct copy of the Power of Attorney executed by said Companies,is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed the seals of said Companies this 16th day of November 2023 \NSU v'(Y INS& \N0 .. P rD R9 P Qy vP D vow .09L a r yn J 3 Fo co Q 3 Fo n 2 Fo c� 1912 0 " 1919 m F 1991 ��ssacHus��aa y�y Na rnvs`'��,daO `e /H°IANP aa� By: Renee C.Llewellyn,Assistant Secretary Y , LMS-12873 LMIC OCIC WAIC Multi Co 02/21 AC R® DATE(MMIDD/YYYY) CERTIFICATE OF LIABILITY INSURANCE 11/17/2023 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 Amanda Kimmerle NAME: Christensen Group PHONE (952)653-1000 FAX (952)653-1100 AIC No Ext: A/C,No): 9855 West 78th Street,Ste 100 E-MAIL akimmerle@chdstensengroup.com ADDRESS: INSURER(S)AFFORDING COVERAGE NAIC# Eden Prairie MN 55344 INSURERA: Cincinnati Insurance Company INSURED INSURER B: SFM Greystone Construction Company INSURER C: 2995 Winners Circle Dr INSURER D: INSURER E: Shakopee MN 55379 INSURER F: COVERAGES CERTIFICATE NUMBER: 23-24 B.R.Liab Master REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSD WVD POLICYNUMBER MMIDD/YYYY MM/DD/YYYY LIMITS X COMMERCIAL GENERALLIABILITY EACH OCCURRENCE $ 1,000,000 A 500.000 CLAIMS-MADE X OCCUR PREMISES Ea occurrence $ MED EXP(Any one person) $ 10,000 A EPP 0380295 04/01/2023 04/01/2024 PERSONAL&ADV INJURY $ 1,000,000 GEN'LAGGREGATE LIMITAPPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY [g PRO FX LOC PRODUCTS-COMP/OPAGG $ 2,000,000 JECT OTHER: Employee Benefits s 1,000,000 AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 Ea accident X ANYAUTO BODILY INJURY(Per person) $ A OWNED SCHEDULED EPP 0380295 04/01/2023 04/01/2024 BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS HIRED IX NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY Per accident Uninsured motorist $ 1,000,000 UMBRELLA LIAB __.' .."_—.1—"""' 10,000,000 OCCUR EACH OCCURRENCE $ A EXCESS LIAB CLAIMS-MADE EPP 0380295 04/01/2023 04/01/2024 AGGREGATE $ 10,000,000 DED I X1 RETENTION$ O $ WORKERS COMPENSATION X SPER TATUTE EORH AND EMPLOYERS'LIABILITY Y/N 1,000,000 B ANY PROPRIETOR/PARTNER/EXECUTIVE ❑ N/A 18536.321 04/01/2023 04/01/2024 E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? 1,000,000 (Mandatory in BE E.L.DISEASE-EA EMPLOYEE $ If yes,describe under 1,000,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ `See Limits Under Desc. Builders Risk A ENP0573834 04/01/2023 04/01/2024 Ded.-$10,000 Flood Ded.-$25,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Dell Diamond-Visitors Clubhouse&Stadium Technology City of Round Rock and its officers,employees,and elected officials(as the interest of each may appear)are included as Additional Insureds under the General Liability on a Primary/Non-Contributory basis when required by written contract. Max Limit Masonry Non-Combustible(ISO Class 4)or better-$20,000,000 Max Limit Any One Building Joisted Masonry or Non-Combustible(ISO class 2 or class 3)-$10,000,000 CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN City of Round Rock ACCORDANCE WITH THE POLICY PROVISIONS. 221 East Main Street AUTHORIZED REPRESENTATIVE Round Rock TX 78664 (' t 15- ©1988-2016 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: 00022739 LOC#: A`OR" ADDITIONAL REMARKS SCHEDULE Page of AGENCY NAMED INSURED Christensen Group Greystone Construction Company POLICY NUMBER CARRIER 77-1 EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: Certificate of Liability Insurance -Max Limit Any One Building except for Frame Renovation or outside protection class 6-$5,000,000 -Max Limit Any One Building Frame PC 1-6 Renovation-$5,000,000 ACORD 101 (2008/01) © 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Additional Named Insureds Other Named Insureds -<EYSTONE CONSTRUCTION COMPANY CORPORATION OF MN Additional Named Insured Vision Construction Services, LLC Limited Liability Company, Additional Named Insured OFAPPINF(02/2007) COPYRIGHT 2007,AMS SERVICES INC CERTIFICATE OF INTERESTED PARTIES FORM 1295 l of l Complete Nos.1-4 and 6 if there are interested parties. OFFICE USE ONLY Complete Nos.1,2,3,5,and 6 if there are no interested parties. CERTIFICATION OF FILING 1 Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number: of business. 2023-1087355 Greystone Construction Company Shakopee, MN United States Date Filed: 2 Name of governmental entity or state agency that is a party to the contract for which the form is 10/25/2023 being filed. City of Round Rock, TX Date Acknowledged: 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract,and provide a description of the services,goods,or other property to be provided under the contract. 000000 Dell Diamond Visitor's General Construction Services 4 Nature of interest Name of Interested Party City,State,Country(place of business) (check applicable) Controlling Intermediary O'Brien, Kevin Shakopee,MN United States X Schmitz,Gordon New Prague, MN United States X Bender, Eric Shakopee, MN United States X O'Brien, Colin Shakopee, MN United States X 5 Check only if there is NO Interested Party. ❑ 6 UNSWORN DECLARATION My name is .1- Y/y ham/` _ and my date of birth is � My address is ���� ffi trt���s l �4- (street) (city) (state) (zip code) (country) I declare under penalty of perjury that the foregoing is true and correct. Executed in n y County, State of —,on the�day of!/G_!_ 20,IZ3 (month) (year) Signature of authorized agent of contracting business entity (Declarant) Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V3.5.1.9b4369cc 00700 GENERAL CONDITIONS City of Round Rock Contract Forms General Conditions Section 00700 TABLE OF CONTENTS OF GENERAL CONDITIONS Article Page Number& Title Number 1. DEFINITIONS.................................................................................................................................................2 2. PRELIMINARY MATTERS.............................................................................................................................5 3. CONTRACT DOCUMENTS: INTENT,AMENDING, REUSE........................................................................7 4. AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; REFERENCE POINTS..........................................................................................................8 5. BONDS AND INSURANCE............................................................................................................................10 6. CONTRACTOR'S RESPONSIBILITIES.........................................................................................................16 7. OTHER WORK..............................................................................................................................................24 8. OWNER'S RESPONSIBILITIES....................................................................................................................25 9. ENGINEER/ARCHITECT'S STATUS DURING CONSTRUCTION...............................................................26 10. CHANGES IN THE WORK............................................................................................................................27 11. CHANGE OF CONTRACT AMOUNT............................................................................................................28 12. CHANGE OF CONTRACT TIMES.................................................................................................................31 13. TESTS AND INSPECTIONS;AND CORRECTION OR REMOVAL OF DEFECTIVE WORK........................................................................................................32 14. PAYMENTS TO CONTRACTOR AND COMPLETION.................................................................................35 15. SUSPENSION OF WORK AND TERMINATION...........................................................................................39 16. DISPUTE RESOLUTION...............................................................................................................................41 17 RIGHT TO AUDIT..........................................................................................................................................42 18. MISCELLANEOUS.........................................................................................................................................43 00700 04-2020 Page 1 General Conditions 00443641 GENERAL CONDITIONS ARTICLE 1 -DEFINITIONS Whenever used in these General Conditions or in the other Contract Documents, the term printed with initial capital letters or all capital letters, including the term's singular and plural forms, will have the meaning indicated in the definitions below or as defined in these General Conditions or other Contract Documents: 1.1 Addenda - Written or graphic instruments issued prior to the receipt of Proposals or the opening of Bids that clarify, correct or change the proposal or bidding requirements or the Contract Documents. 1.2 Agreement-Prescribed form, referenced as Section 00500. 1.3 Alternative Dispute Resolution -The process by which a disputed Claim may be settled if the OWNER and the CONTRACTOR cannot reach an agreement between themselves, as an alternative to litigation. 1.4 Bid - Proposal of bidder on prescribed forms setting forth prices for performing the Work described in the Contract Documents. 1.5 Bid Documents-The advertisement or invitation for bids, instructions to bidders, the bid form, the Contract Documents and Addenda. 1.6 Calendar Day-Any day of the week; no days being excepted. Work on Saturdays, Sundays, and/or Legal Holidays shall only be conducted with prior express written consent of the OWNER. 1.7 Change Directive-A written directive to the CONTRACTOR, signed by the OWNER, ordering a change in the Work and stating a proposed basis for adjustment, if any, in the Contract Amount or Contract Time, or both. A Change Directive may be used in the absence of total agreement on the terms of a Change Order. A Change Directive does not change the Contract Amount or Contract Time, but is evidence that the parties expect that the change directed or documented by a Change Directive will be incorporated in a subsequently issued Change Order. 1.8 Change Orders - Written agreements entered into between the CONTRACTOR and the OWNER authorizing an addition, deletion,or revision to the Contract, issued on or after the Execution Date of the Agreement and within the Contract term. 1.9 Claim - A written demand seeking, as a matter of right, adjustment or interpretation of Contract terms, payment of money, extension of time or other relief with respect to the terms of the Contract. 1.10 Contract - The Contract represents the entire and integrated agreement between the OWNER and the CONTRACTOR for performance of the Work, as evidenced by the Contract Documents. 1.11 Contract Amount-The amount payable by the OWNER to the CONTRACTOR for completion of the Work in accordance with the Contract Documents. 1.12 Contract Documents — Includes the Invitation to Bid, Instructions to Bidders, Agreement, General Conditions, Supplemental General Conditions, Special Conditions, Specifications, Project Manual, Drawings, Addenda and Change Orders. 1.13 Contract Time-The number of days allowed for completion of the Work as defined by the Contract. When any period is referred to in days, it will be computed to exclude the first and include the last day of such period. A day of twenty-four(24) hours measured from midnight to the next midnight will constitute a day. 1.14 CONTRACTOR - The individual, firm, corporation, or other business entity with whom the OWNER has entered into the Contract. 00700 04-2020 Page 2 General Conditions 1.15 Drawings - Those portions of the Contract Documents which are graphic representations of the scope, extent and character of the Work to be furnished and performed by the CONTRACTOR and which have been approved by the OWNER. Drawings may include plans, elevations, sections, details, schedules and diagrams. Shop Drawings are not Drawings as so defined. 1.16 Engineer/Architect (E/A) - The OWNER's design professional identified as such in the Agreement. The titles of"Architect/Engineer,""Architect"and"Engineer" used in the Contract Documents shall be read the same as Engineer/Architect (E/A). Nothing contained in the Contract Documents shall create any contractual or agency relationship between E/A and the CONTRACTOR. 1.17 Equal -The terms"equal"or"approved equal" shall have the same meaning. 1.18 Execution Date-Date of last signature of the parties to the Agreement. 1.19 Field Order-A written order issued by Owner's Representative which orders minor changes in the Work and which does not involve a change in the Contract Amount or the Contract Time. 1.20 Final Acceptance—The stage in the Contract process when, in the OWNER's opinion, Final Completion of the Work has been attained and a Certificate of Acceptance approved by the OWNER is issued. 1.21 Final Completion -The stage in the progress of the Work when, in the OWNER's opinion, the entire Work has been completed, the CONTRACTOR's obligations under the Contract Documents have been fulfilled, and the OWNER is processing or has made final payment to the CONTRACTOR, as evidenced by a Certificate of Acceptance approved by the OWNER. 1.22 Inspector-The authorized representative of any regulatory agency that has jurisdiction over any portion of the Work. 1.23 Legal Holidays 1.23.1 The following are recognized by the OWNER: Holiday Date Observed New Year's Day January 1 Martin Luther King, Jr.'s Birthday Third Monday in January President's Day Third Monday in February Memorial Day Last Monday in May Independence Day July 4 Labor Day First Monday in September Veteran's Day November 11 Thanksgiving Day Fourth Thursday in November Friday after Thanksgiving Friday after Thanksgiving Christmas Eve December 24 Christmas Day December 25 00700 04-2020 Page 3 General Conditions 1.23.2 If a Legal Holiday falls on Saturday, it will be observed on the preceding Friday. If a Legal Holiday falls on Sunday, it will be observed on the following Monday. 1.23.3 If Christmas Eve falls on a Saturday or a Sunday, the preceding Friday is observed as the Christmas Eve holiday. 1.23.4 If Christmas Day falls on a Saturday or a Sunday, the following Monday is observed as the Christmas Day holiday. 1.24 Milestones-A significant event specified in the Contract Documents relating to an intermediate completion date or time prior to Substantial Completion of all the Work. 1.25 Notice to Proceed - A Written Notice given by the OWNER to the CONTRACTOR notifying the CONTRACTOR to commence the Work and which may also fix the date on which the Contract Times will commence to run and on which the CONTRACTOR shall start to perform the CONTRACTOR's obligations under the Contract Documents. 1.26 OWNER—The City of Round Rock, Texas, a municipal corporation, home-rule city and political subdivision organized and existing under the laws of the State of Texas, acting through the City Manager or his/her designee, officers, agents or employees to administer design and construction of the Project. 1.27 Owner's Representative-The designated representative of the OWNER. 1.28 Partial Occupancy or Use - Use by the OWNER of a partially completed part of the Work for the purpose for which it is intended (or a related purpose) prior to Substantial Completion of all the Work. 1.29 Project - The total construction of which the Work to be provided under the Contract Documents may be the whole, or a part, as indicated elsewhere in the Contract Documents. 1.30 Project Manual - That portion of the Contract Documents which may include the following: introductory information; bidding requirements, Contract forms and General and Supplemental General Conditions; General Requirements; Specifications; Drawings; Project Safety Manual; and Addenda. 1.31 Proposal—Proposal of Offeror, on prescribed forms setting forth prices for performing the Work described in the Contract Documents. 1.32 Proposal Documents—The advertisement or invitation for Proposals, Instruction to Offerors, the Proposal form, the Contract Documents and Addenda. 1.33 Resident Project Representative - The authorized representative of E/A who may be assigned to the site or any part thereof. 1.34 Shop Drawings -All drawings, diagrams, illustrations, schedules and other data or information which are specifically prepared or assembled by or for the CONTRACTOR and submitted by the CONTRACTOR as required by the Contract Documents. 1.35 Specifications - Those portions of the Contract Documents consisting of written technical descriptions as applied to the Work, which set forth to the CONTRACTOR, in detail, the requirements which must be met by all materials, equipment, construction systems, standards, workmanship, equipment and services in order to render a completed and useful project. 1.36 Substantial Completion - The stage in the progress of the Work when the Work, or designated portions thereof, may still require minor modifications or adjustments but, in the OWNER's opinion,the Work has progressed to the point such that all parts of the Work under consideration are fully operational and the beneficial use and occupancy of which can be assumed by the Owner, as evidenced by a Certificate of Substantial Completion approved by the OWNER. 00700 04-2020 Page 4 General Conditions 1.37 Subcontractor-An individual, firm, or corporation having a direct contract with the CONTRACTOR for the performance of a part of the Work. 1.38 Sub-subcontractor-A person or entity who has a direct or indirect contract with a Subcontractor or a Sub- subcontractor of any tier to perform a portion of the Work. 1.39 Superintendent - The representative of the CONTRACTOR authorized in writing to receive and fulfill instructions from Owner's Representative, and who shall supervise and direct construction of the Work. 1.40 Supplemental General Conditions-The part of the Contract Documents which either amends or supplements the General Conditions. All General Conditions which are not so amended or so supplemented shall be considered as remaining in full force and effect. 1.41 Supplier-An individual or entity having a direct contract with the CONTRACTOR or with any Subcontractor or Sub-subcontractor to furnish materials or equipment to be incorporated in the Work by the CONTRACTOR or any Subcontractor. 1.42 Time Extension Request-An approved request for time extension on a form acceptable to the OWNER. 1.43 Work - The entire completed construction, or the various separately identifiable parts thereof, required to be furnished under the Contract Documents. 1.44 Working Day - Any day of the week, not including Saturdays, Sundays, or Legal Holidays, in which conditions not under the CONTRACTOR's control will permit work for at least seven (7) hours of the Working Times. Upon authorization by the Owner's Representative, work on Saturdays, Sundays and/or Legal Holidays may be allowed and, in that event, a Working Day will be counted for each such day. 1.45 Working Times — Times of day(s) during which work may be performed. Unless authorized by Owner's Representative, all Work shall be performed between 7:00 a.m. and 6:00 p.m. on weekdays and, if previously authorized as provided for in paragraph 1.44 or paragraph 1.6 herein, as applicable, between 9:00 a.m. and 6:00 p.m. on Saturdays, Sundays or Legal Holidays. When the CONTRACTOR has been authorized to perform Work during hours outside Working Times, such hours shall be considered time worked on Working Day contracts. Notwithstanding the preceding, emergency work may be done without prior permission only as provided in paragraph 6.11.5 herein. 1.46 Written Notice-Written communication between the OWNER and the CONTRACTOR. Written Notice shall be deemed to have been duly served if delivered in person to Owner's Representative or to the CONTRACTOR's duly authorized representative, or if such Written Notice is delivered to or sent by registered or certified mail to the attention of Owner's Representative or to the CONTRACTOR's duly authorized representative at the last business address known to the party giving notice. ARTICLE 2 -PRELIMINARY MATTERS 2.1 Delivery of Agreement, Bonds, Insurance, and Other Documentation: Within ten (10)Calendar Days after written notification of award of Contract,the CONTRACTOR shall deliver to the OWNER signed Agreement, Bond(s), Insurance Certificate(s) and other documentation required for execution of the Contract. 2.2 Copies of Documents: The OWNER shall furnish to the CONTRACTOR two (2) copies of the Contract Documents unless otherwise specified. 00700 04-2020 Page 5 General Conditions 2.3 Commencement of Contract Times; Notice to Proceed: The Contract Time(s) commence on the date indicated in the Agreement or in the Notice to Proceed. Notice to Proceed will be given at any time within sixty(60)Calendar Days after the Execution Date of the Agreement, unless extended by written agreement of the parties. 2.4 Before Starting Construction: 2.4.1 No Work shall be done at the site prior to the preconstruction conference without the OWNER's approval. Before undertaking each part of the Work, the CONTRACTOR shall carefully study and compare the Contract Documents and check and verify pertinent figures shown thereon and all applicable field measurements. The CONTRACTOR shall promptly report in writing to Owner's Representative any conflict, error, ambiguity or discrepancy which the CONTRACTOR may discover and shall obtain a written interpretation or clarification from Owner's Representative before proceeding with any Work affected thereby. The CONTRACTOR shall be liable to the OWNER for failure to report any conflict, error, ambiguity or discrepancy in the Contract Documents of which the CONTRACTOR knew or reasonably should have known. 2.4.2 The CONTRACTOR shall submit the following to Owner's Representative for review and approval no later than the preconstruction conference: .1 a preliminary progress schedule indicating the times (number of days or dates) for starting and completing the various stages of the Work, including any Milestones specified in the Contract Documents, identifying when all Subcontractors will be utilized, and taking into consideration any limitations on Working Hours; .2 a preliminary schedule of Shop Drawing and sample submittals; .3 a preliminary schedule of values for all of the Work, subdivided into component parts in sufficient detail to serve as the basis for progress payments during construction. Such prices will include an appropriate amount of overhead and profit applicable to each item of Work. The preliminary schedule of values submitted by the CONTRACTOR should include a reasonable estimation of value of each item included and shall not contain disproportionate values assigned to any item or items; .4 a letter designating CONTRACTOR's Superintendent; .5 a letter from the CONTRACTOR and Subcontractor(s) listing any salaried specialists; .6 if applicable, a letter designating the "Competent Person(s)" on general safety and trench safety measures; .7 if applicable, a trench safety system plan; .8 if applicable, a plan illustrating proposed locations of temporary facilities; .9 if applicable, a traffic control plan; .10 a completed Non-Use of Asbestos Affidavit (Prior to Construction); and .11 if applicable, a letter designating the Texas Registered Professional Land Surveyor for layout of the Work. 2.5 Preconstruction Conference: Prior to commencement of Work at the site,a preconstruction conference attended by the CONTRACTOR, Owner's Representative and others will be held. 00700 04-2020 Page 6 General Conditions 2.6 Initially Acceptable Schedules: Unless otherwise provided in the Contract Documents, the CONTRACTOR shall obtain approval of Owner's Representative on final versions of the schedules submitted in accordance with paragraph 2.4.2 before the first progress payment will be made to the CONTRACTOR. The progress schedule must provide for an orderly progression of the Work to completion within any specified Milestones and Contract Times. Acceptance of the schedule by Owner's Representative will neither impose on Owner's Representative responsibility for the sequencing, scheduling or progress of the Work nor interfere with or relieve the CONTRACTOR from the CONTRACTOR's full responsibility therefor. The CONTRACTOR's schedule of Shop Drawings and sample submissions must provide an arrangement agreeable to the parties for reviewing and processing the required submittals. 2.7 Electronic Transmittals: 2.7.1 Except as otherwise stated elsewhere in the Contract Documents, the OWNER, E/A, and CONTRACTOR may transmit, and shall except, Project-related correspondence,texts, data, documents, drawings, information, and graphics, including but not limited to Shop Drawings and other submittals, in electronic media or digital format,either directly, or through access to a secure Project website. 2.7.2 When transmitting items in electronic media or digital format, the transmitting party makes no representations as to long term compatibility, usability, or readability of the items resulting from the recipient's use of software application packages, operating systems, or computer hardware differing from those used in the drafting or transmittal of the items. ARTICLE 3 -CONTRACT DOCUMENTS: INTENT,AMENDING, REUSE 3.1 Intent: 3.1.1 The intent of the Contract Documents is to include all information necessary for the proper execution and completion of the Work by the CONTRACTOR. The Contract Documents are complementary, and what is required by one shall be as binding as if required by all. In cases of disagreement, the following order of precedence shall govern (top item receiving priority of interpretation): Change Orders Modifications to the Contract Documents made after the Execution Date Signed Agreement Addenda to the Contract Documents Special Conditions Supplemental General Conditions General Conditions Other Bidding Requirements and Contract Forms Special Provisions to the Standard Technical Specifications Special Specifications Standard Technical Specifications Drawings (figured dimensions shall govern over scaled dimensions) Project Safety manual, if applicable 3.1.2 Unless otherwise stated in the Contract Documents,words which have well-known technical or construction industry meanings are used in the Contract Documents in accordance with such recognized meanings. 3.2 Reporting and Resolving Discrepancies: Prior to commencing the Work, the CONTRACTOR shall review the Contract Documents for the purpose of discovering any conflict, error, ambiguity or discrepancy in the Contract Documents. If, at any time, the CONTRACTOR discovers any conflict, error, ambiguity or discrepancy within the Contract Documents or between the Contract Documents and any provisions of any such law or regulation applicable to the performance of the Work 00700 04-2020 Page 7 General Conditions or of any such standard, specification, manual or code or instructions of any Supplier, the CONTRACTOR shall immediately report it to Owner's Representative in writing, and the CONTRACTOR shall not proceed with the Work affected thereby until an amendment or supplement to the Contract Documents has been issued by one of the methods indicated in paragraph 3.3.1 or paragraph 3.3.2. The CONTRACTOR shall be liable to the OWNER for failure to report any such conflict, error, ambiguity or discrepancy of which the CONTRACTOR knew or reasonably should have known. 3.3 Amending and Supplementing Contract Documents: 3.3.1 The Contract Documents may be amended to provide for additions, deletions and revisions in the Work or to modify the terms and conditions thereof in one or more of the following ways: .1 Change Order. .2 Change Directive. 3.3.2 In addition, the requirements of the Contract Documents may be supplemented, and minor variations and deviations in the Work may be authorized, in one or more of the following ways. .1 Field Order. .2 Review of a Shop Drawing or sample. .3 Written interpretation or clarification. 3.4 Reuse of Documents Prohibited: The CONTRACTOR and any Subcontractor or Supplier or other person or organization performing or furnishing any of the Work under a direct or indirect contract with the OWNER: (i) shall not have or acquire any title to or ownership rights in any of the Drawings, Specifications or other documents (or copies of any thereof) prepared by or bearing the seal of E/A or E/A's consultants, and (ii) shall not reuse any of such Drawings, Specifications, other documents or copies on extensions of the Project or any other project without written consent of the OWNER and E/A. ARTICLE 4-AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; REFERENCE POINTS 4.1 Availability of Lands: The OWNER shall furnish, as indicated in the Contract Documents, all required rights to use the lands upon which the Work is to be performed, rights-of-way and easements for access thereto, and such other lands which are designated for the use of the CONTRACTOR. The OWNER shall identify any encumbrances or restrictions not of general application but specifically related to use of lands so furnished with which the CONTRACTOR will have to comply in performing the Work. Easements for permanent structures or permanent changes in existing facilities will be obtained and paid for by the OWNER, unless otherwise provided in the Contract Documents. If the OWNER fails to furnish these lands, rights-of-way or easements in a timely manner, the CONTRACTOR may make a Claim for adjustments in the Contract Times. The CONTRACTOR shall provide for all additional lands and access thereto that may be required for temporary construction facilities or storage of materials and equipment. 4.2 Subsurface and Physical Conditions: 4.2.1 The CONTRACTOR hereby covenants that it has examined the site of the proposed Work and is familiar with all of the conditions surrounding construction of the Project, having conducted all inquiries, tests and investigations deemed necessary and proper. Unless the CONTRACTOR, prior to the execution of the Agreement, has notified the OWNER in writing of any condition of the site of the proposed Work that would adversely impact 00700 04-2020 Page 8 General Conditions the performance of the Work by the CONTRACTOR, CONTRACTOR covenants that there are no conditions at the site of the proposed work which would adversely impact the performance of Work by the CONTRACTOR. 4.2.2 If conditions are encountered at the site which are (1) subsurface or otherwise concealed physical conditions that differ materially from those indicated in the Contract Documents or(2) unknown physical conditions of an unusual nature, that differ materially from those normally encountered in the type of work being performed under this Contract, then notice by the observing party shall be given to the other party promptly before conditions are disturbed and in no event later than seven (7) calendar days after first observance of the conditions. Owner's Representative will promptly investigate such conditions with E/A and, if they differ materially and cause an increase or decrease in the CONTRACTOR's cost of, or time required for, performance of any part of the Work, OWNER will consider an equitable adjustment in the Contract Amount or Contract Time, or both. If Owner's Representative determines that the conditions at the site are not materially different from those indicated in the Contract Documents and that no change in the terms of the Contract is justified, the CONTRACTOR shall be notified in writing, stating the reasons. Any disputes arising from Owner's Representative's determination shall be resolved in accordance with Article 16. 4.2.3 Notwithstanding any other provision of this Contract,the CONTRACTOR shall be solely responsible for the location and protection of any and all public lines and utility customer service lines in the Work area. For the purposes of this section, "public lines"means the utility distribution and supply system within public rights-of-way or easements, and "utility customer service lines" (service) means any utility line connecting a utility customer to the utility distribution system. Generally, existing service connections within right-of-way or easements are not shown on the Drawings. The CONTRACTOR shall notify the OWNER and "One Call"and exercise due care to locate and to mark, uncover or otherwise protect all such lines in the construction zone and any of the CONTRACTOR's work or storage areas. The CONTRACTOR's obligation hereunder shall be primary and nondelegable. The CONTRACTOR shall indemnify or reimburse the OWNER for such expenses or costs (including fines that may be levied against the OWNER) that may result from unauthorized or accidental damage to all public lines and utility customer service lines in the Work area. The OWNER reserves the right to repair such damage the CONTRACTOR may cause, at the CONTRACTOR's expense. 4.2.4 The CONTRACTOR shall take reasonable precaution to avoid disturbing primitive records and antiquities of archaeological, paleontological or historical significance. No objects of this nature shall be disturbed without written permission of the OWNER and the Texas Department of Antiquities Protection. When such objects are uncovered unexpectedly, the CONTRACTOR shall stop all Work in close proximity and notify Owner's Representative and the Texas Department of Antiquities Protection of their presence and shall not disturb them until written permission and permit to do so is granted.All primitive rights and antiquities uncovered on the OWNER's property shall remain property of the State of Texas, the Texas Department of Antiquities Protection conforming to the Texas Natural Resources Code. If it is determined by the OWNER, in consultation with the Texas Department of Antiquities Protection,that exploration or excavation of primitive records or antiquities on Project site is necessary to avoid loss, the CONTRACTOR shall cooperate in salvage work attendant to preservation. If the Work stoppage or salvage work causes an increase in the CONTRACTOR's cost of, or time required for, performance of the Work, the Contract Amount and/or Contract Time may be equitably adjusted. 4.3 Reference Points: Unless otherwise specified, the OWNER will furnish all reference points, benchmarks, survey monuments, and control points which, in the OWNER's opinion, are suitable for laying out the Work. Such benchmarks and reference points will be placed at intervals not to exceed 1,500 feet. All reference points, benchmarks, survey monuments and control points shall be carefully preserved by the CONTRACTOR by use of flags, laths or other appropriate measures and, in case of destruction or removal by the CONTRACTOR or its employees, such reference points, benchmarks, survey monuments, and control points shall be replaced by a Registered Professional Land Surveyor at the CONTRACTOR's expense. When reference points, benchmarks, survey monuments, or control points are in conflict with the Work, then reestablishment will be the OWNER's responsibility during or upon completion of the Work. 4.4 Hazardous Materials: 00700 04-2020 Page 9 General Conditions 4.4.1 The OWNER shall be responsible for any hazardous material uncovered or revealed at the site which was not shown, indicated or identified in the Contract Documents to be within the scope of the Work and which may present a substantial danger to persons or property exposed thereto in connection with the Work at the site. The CONTRACTOR shall immediately notify Owner's Representative of any suspected hazardous materials encountered before or during performance of the Work and shall take all necessary precautions to avoid further disturbance of the materials. 4.4.2 The CONTRACTOR shall be responsible for any hazardous materials brought to the site by the CONTRACTOR, Subcontractor, Suppliers or anyone else for whom the CONTRACTOR is responsible. 4.4.3 No asbestos-containing materials shall be incorporated into the Work or brought on the Project site without prior approval of the OWNER. 4.4.4 TO THE FULLEST EXTENT PERMITTED BY LAWS AND REGULATIONS, CONTRACTOR SHALL INDEMNIFY AND HOLD HARMLESS OWNER, AND ITS COUNCIL MEMBERS, EMPLOYEES, AGENTS, AND CONSULTANTS FROM AND AGAINST ALL CLAIMS, COSTS, LOSSES, AND DAMAGES (INCLUDING BUT NOT LIMITED TO ALL FEES AND CHARGES OF ENGINEERS, ARCHITECTS, ATTORNEYS, AND OTHER PROFESSIONALS AND ALL COURT OR ARBITRATION OR OTHER DISPUTE RESOLUTION COSTS)ARISING OUT OF OR RELATING TO FAILURE TO CONTROL, CONTAIN OR REMOVE A HAZARDOUS MATERIAL BROUGHT TO THE SITE BY CONTRACTOR OR BY ANYONE FOR WHOM CONTRACTOR IS RESPONSIBLE, OR TO A HAZARDOUS ENVIRONMENTAL CONDITION CREATED BY CONTRACTOR OR BY ANYONE FOR WHOM CONTRACTOR IS RESPONSIBLE. ARTICLE 5-BONDS AND INSURANCE 5.1 Surety and Insurance Companies: All bonds and insurance required by the Contract Documents shall be obtained from solvent surety or insurance companies that are duly licensed by the State of Texas and authorized to issue bonds or insurance policies for the limits and coverages required by the Contract Documents. The bonds shall be in a form acceptable to the OWNER and shall be issued by a surety which complies with the requirements of Chapter 3503, Texas Insurance Code (2005)and which is otherwise acceptable to the OWNER. OWNER may require the surety to obtain reinsurance for any portion of the risk that exceeds 10% of the surety's capital and surplus. For bonds exceeding $100,000, the surety must also hold a certificate of authority from the U.S. Secretary of the Treasury or have obtained reinsurance from a reinsurer that is authorized as a reinsurer in Texas and holds a certificate of authority from the U.S. Secretary of the Treasury. 5.2 Workers' Compensation Insurance Coverage: 5.2.1 Definitions: .1 Certificate of coverage ("certificate") -A copy of a certificate of insurance, a certificate of authority to self-insure issued by the commission, or a coverage agreement showing statutory workers' compensation insurance coverage for the person's or entity's employees providing services on the Project, for the duration of the Project. .2 Duration of the Project - includes the time from the beginning of the Work on the Project until the CONTRACTOR's/person's Work on the Project has been completed and accepted by the OWNER. .3 Persons providing services on the Project ("subcontractor" herein) - includes all persons or entities performing all or part of the services the CONTRACTOR has undertaken to perform on the Project, regardless of whether that person contracted directly with the CONTRACTOR and regardless of whether that person has employees. This includes, by way of illustration and not of limitation, 00700 04-2020 Page 10 General Conditions independent contractors, Subcontractors, leasing companies, motor carriers, owner-operators, employees of any such entity, or employees of any entity which furnishes persons to provide services on the Project. "Services" include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project. "Services" does not include activities unrelated to the Project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. 5.2.2 The CONTRACTOR shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all employees of the CONTRACTOR providing services on the Project, for the duration of the Project. 5.2.3 The OWNER will not execute the Contract prior to the CONTRACTOR providing all required certificates of coverage. 5.2.4 If the coverage period shown on the CONTRACTOR's current certificate of coverage ends during the duration of the Project, the CONTRACTOR must, prior to the end of the coverage period, file a new certificate of coverage with the OWNER showing that coverage has been extended. 5.2.5 The CONTRACTOR shall obtain from each person providing services on the Project, and provide to the OWNER: .1 a certificate of coverage, prior to that person beginning Work on the Project, so the OWNER will have on file certificates of coverage showing coverage for all persons providing services on the Project; and .2 no later than seven (7)days after receipt by the CONTRACTOR, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the Project. 5.2.6 The CONTRACTOR shall retain all required certificates of coverage for the duration of the Project and for one (1)year thereafter. 5.2.7 The CONTRACTOR shall notify the OWNER in writing by certified mail or personal delivery within ten (10) days after the CONTRACTOR knew or should have known of any change that materially affects the provision of coverage of any person providing services on the Project. 5.2.8 The CONTRACTOR shall post at its office or on each Project site a notice, in the text, form and manner prescribed by the Texas Workers' Compensation Commission, informing all persons providing services on the Project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage. 5.2.9 The CONTRACTOR shall contractually require each person with whom it contracts to provide services on a Project to: .1 provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44)for all of its employees providing services on the Project, for the duration of the Project; .2 provide to the CONTRACTOR, prior to that person beginning Work on the Project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the Project, for the duration of the Project; .3 provide the CONTRACTOR, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the Project; 00700 04-2020 Page 11 General Conditions .4 obtain from each other person with whom it contracts, and provide to the CONTRACTOR: a) a certificate of coverage, prior to the other person beginning Work on the Project; and b) a new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the Project; .5 retain all required certificates of coverage on file for the duration of the Project and for one (1) year thereafter; .6 notify the OWNER in writing by certified mail or personal delivery within ten (10) days after the person knew or should have known of any change that materially affects the provision of coverage of any person providing services on the Project; and .7 contractually require each person with whom it contracts,to perform as required by paragraphs 5.2.9.1 - 5.2.9.7, with the certificates of coverage to be provided to the person for whom they are providing services. 5.2.10 By signing this Contract or providing or causing to be provided a certificate of coverage, the CONTRACTOR is representing to the OWNER that all employees of the CONTRACTOR who will provide services on the Project will be covered by workers'compensation coverage for the duration of the Project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self-insured, with the commission's Division of Self-Insurance Regulation. Providing false or misleading information may subject the CONTRACTOR to administrative penalties, criminal penalties, civil penalties, or other civil actions. 5.2.11 The CONTRACTOR's failure to comply with any of these provisions is a breach of Contract by the CONTRACTOR which 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 any acceptance by the OWNER or any failure to do so; .6 any review of a Shop Drawing or sample submittal; .7 any inspection, test or approval by others; or .8 any correction of defective Work by the OWNER. .9 the failure of the OWNER, E/A or any other person or entity acting on behalf of the OWNER or E/A to observe, detect or discover any defect in the Work or any non-conformance of the Work with any requirement of the Contract Documents. CONTRACTOR hereby waives any claim or defense to any claim by the OWNER that any failure by the OWNER, E/A, or any other person or entity acting on behalf of the OWNER or E/A to observe, detect or discover any defect in the Work relieves or releases, in whole or in part, CONTRACTOR from any obligations or responsibility for the correction of such defects or any other obligation of CONTRACTOR under the Contract Documents. 6.14 Indemnification: 00700 04-2020 Page 22 General Conditions 6.14.1 TO THE FULLEST EXTENT PERMITTED BY LAW,AND IN ADDITION TO ANY OTHER OBLIGATIONS OF CONTRACTOR UNDER THE CONTRACT OR OTHERWISE, CONTRACTOR SHALL INDEMNIFY, DEFEND AND HOLD HARMLESS OWNER, ITS COUNCIL MEMBERS , EMPLOYEES, AGENTS, AND CONSULTANTS INCLUDING, BUT NOT LIMITED TO THE E/A (THE "INDEMNIFIED PARTIES" OR INDEMNIFIED PARTY", FROM AND AGAINST ALL CLAIMS, COSTS, LOSSES, AND DAMAGES (INCLUDING BUT NOT LIMITED TO ALL FEES AND CHARGES OF ENGINEERS, ARCHITECTS, ATTORNEYS, CONSULTANTS, EXPERTS AND OTHER PROFESSIONALS AND ALL COURT OR ARBITRATION OR OTHER DISPUTE RESOLUTION COSTS) ARISING OUT OF OR RELATING TO THE PERFORMANCE OF THE WORK, REGARDLESS OF WHETHER SUCH CLAIMS, COSTS, LOSSES, AND DAMAGES ARE CAUSED, IN WHOLE OR IN PARTY BY THE ACTS, ACTIONS, ERRORS OR OMISSIONS OF AN INDEMNIFIED PARTY. BECAUSE OWNER IS A MUNICIPALITY,THE TERMS AND PROVISIONS OF SUBCHAPTER C OF CHAPTER 151 OF THE TEXAS INSURANCE CODE ("CHAPTER 151") DOES NOT APPLY TO THE OWNER. IF, HOWEVER, ANY PROVISION OF CHAPTER 151 APPLIES TO THE OWNER, IT IS THE INTENT OF THE OWNER THAT IF THE PROVISIONS OF CHAPTER 151 DO APPLY, NOTHING HEREIN SHALL IMPOSE ANY REQUIREMENTS ON CONTRACTOR THAT ARE PROHIBITED BY CHAPTER 151 AND THAT ANY OF THE PROVISIONS HEREOF THAT ARE NOT PROHIBITED BY CHAPTER 151 SHALL REMAIN IN FULL FORCE AND EFFECT. ACCORDINGLY, IN THE EVENT THAT IN CONSTRUING AND INTERPRETING THE CONTRACT DOCUMENTS, A COURT OF COMPETENT JURISDICTION OR, IF APPLICABLE, AN ARBITRATOR, DETERMINES THAT CHAPTER 151 APPLIES TO THE OWNER, THEN THE COURT OR ARBITRATOR SHALL REFORM THE PROVISIONS HEREOF SO AS TO COMPLY WITH CHAPTER 151 AND SUCH REFORMATION SHALL NOT AFFECT THE VALIDITY OF ANY PROVISIONS HEREOF THAT ARE NOT PROHIBITED BY CHAPTER 151. 6.14.2 The indemnification obligation under paragraph 6.14.1 shall not be limited in any way by any limitation on the amount or type of damages, or compensation or benefits payable by or for the CONTRACTOR or any such Subcontractor, Supplier or other person or organization under workers'compensation acts, disability benefit acts or other employee benefit acts. 6.14.3 The obligations of the CONTRACTOR under paragraph 6.14.1 shall not extend to the liability of the OWNER, E/A, E/A's consultants, and their officers, directors, partners, employees or agents caused primarily by negligent preparation of maps, drawings, surveys, designs or specifications upon which is placed the applicable state-authorized design professional seal of the OWNER's, E/A's or E/A's consultant's officers, directors, partners, employees or agents. 6.14.4 In the event the CONTRACTOR fails to follow the OWNER's directives concerning use of the site, scheduling or course of construction, or engages in other conduct which proximately causes damage to property based on inverse condemnation or otherwise, then and in that event, the CONTRACTOR shall indemnify the OWNER against all costs resulting from such claims. 6.14.5 In the event the CONTRACTOR unreasonably delays progress of the work being done by others on the site so as to cause loss for which the OWNER becomes liable, then the CONTRACTOR shall reimburse the OWNER for such loss. 6.15 Survival of Obligations: All representations, indemnifications, warranties and guarantees made in, required by or given in accordance with the Contract Documents, as well as all continuing obligations indicated in the Contract Documents,will survive final payment, completion and acceptance of the Work and termination or completion of the Agreement. 6.16 Losses from Natural Causes: Unless otherwise specified, all loss or damage to the CONTRACTOR arising out of the nature of the Work to be done or from action of the elements, floods or from unforeseeable circumstances in prosecution of the Work or from 00700 04-2020 Page 23 General Conditions unusual obstructions or difficulties which may be encountered in prosecution of the Work, shall be sustained and borne by the CONTRACTOR at its own cost and expense. 6.17 Notice of Claim: Should the CONTRACTOR suffer injury or damage to person or property because of any error, omission or act of the OWNER or of any of the OWNER's employees or agents or others for whose acts the OWNER is liable, a Claim will be made to the other party within thirty (30) calendar days of the event giving rise to such injury or damage. The provisions of this paragraph 6.17 shall not be construed as a substitute for or a waiver of the provisions of any applicable statute of limitations, statute of repose, or any other provision of the Contract Documents. 6.18 Liquidated Damages: At set forth in the Agreement, paragraph 1.2,the CONTRACTOR or its Surety shall be liable for Liquidated Damages for the CONTRACTOR's failure to timely complete the Work or any portion thereof within the Contract Time. See Supplemental Conditions for amount of Liquidated Damages. ARTICLE 7 -OTHER WORK 7.1 The OWNER may perform other work related to the Project at the site by the OWNER's own forces, or let other contracts therefor, or have other work performed by utility owners. If the CONTRACTOR believes that delay or additional cost is involved because of such action by the OWNER, the CONTRACTOR may make a Claim as provided in Article 11 or Article 12. 7.2 The CONTRACTOR shall afford other contractors who are in a contract with the OWNER and each utility owner (and the OWNER, if the OWNER is performing the additional work with the OWNER's employees) proper and safe access to the site and a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such other work and shall properly connect and coordinate the Work with theirs. Unless otherwise provided in the Contract Documents, the CONTRACTOR shall do all cutting, fitting and patching of the Work that may be required to make its several parts come together properly and integrate with such other work. The CONTRACTOR shall not endanger any work of others by cutting, excavating or otherwise altering their work and will only cut or alter their work with the written consent of Owner's Representative and the other contractors whose work will be affected. The CONTRACTOR shall promptly remedy damage caused by the CONTRACTOR to completed or partially completed construction or to property of the OWNER or separate contractors. 7.3 If the proper execution or results of any part of the CONTRACTOR's Work depends upon work performed by others under this Article 7, the CONTRACTOR shall inspect such other work and promptly report to Owner's Representative in writing any delays, defects or deficiencies in such other work that render it unavailable or unsuitable for the proper execution and results of the CONTRACTOR's Work. The CONTRACTOR's failure to report will constitute an acceptance of such other work as fit and proper for integration with the CONTRACTOR's Work except for latent or non-apparent defects and deficiencies in such other work. 7.4 The OWNER shall provide for coordination of the activities of the OWNER's own forces and of each separate contractor with the Work of the CONTRACTOR, who shall cooperate with them. The CONTRACTOR shall participate with other separate contractors and Owner's Representative in reviewing their construction schedules when directed to do so. The CONTRACTOR shall make any revisions to the construction schedule deemed necessary after a joint review and mutual agreement. The construction schedules shall then constitute the schedules to be used by the CONTRACTOR, separate contractors and the OWNER until subsequently revised. 7.5 Unless otherwise stated herein, costs caused by delays or by improperly timed activities or defective construction shall be borne by the party responsible therefor. 7.6 If CONTRACTOR damages,delays,disrupts or interferes with the work of any other contractor, or any utility owner performing other work at or adjacent to the site of the Project, through CONTRACTOR's failure to take reasonable and customary measures to avoid such impacts, or if any claim arising out of CONTRACTOR's actions, 00700 04-2020 Page 24 General Conditions inactions or negligence in performance of the Work at or adjacent to the site of the Project is made by any such other contractor or utility owner against CONTRACTOR, OWNER, or E/A, then CONTRACTOR shall (1) promptly attempt to settle the claim as to all parties through negotiations with such other contractor or utility owner, or otherwise resolve the claim by arbitration or other dispute resolution proceeding or at law,and(2)INDEMNIFY AND HOLD HARMLESS THE INDEMNIFIED PARTIES, INCLUDING, BUT NOT LIMITED TO THE E/A FROM AND AGAINST ANY SUCH CLAIMS,AND AGAINST ALL COSTS, LOSSES,AND DAMAGES(INCLUDING BUT NOT LIMITED TO ALL FEES AND CHARGES OF ENGINEERS, ARCHITECTS, ATTORNEYS, AND OTHER PROFESSIONALS AND ALL COURT OR ARBITRATION OR OTHER DISPUTE RESOLUTION COSTS) ARISING OUT OF OR RELATING TO SUCH DAMAGE, DELAY, DISRUPTION, OR INTERFERENCE. ARTICLE 8 -OWNER'S RESPONSIBILITIES 8.1 Prior to the start of construction, the OWNER will designate in writing a person or entity to act as Owner's Representative during construction. Except as otherwise provided in these General Conditions, the OWNER shall issue all communications to the CONTRACTOR through Owner's Representative. 8.2 The OWNER will not supervise, direct, control or have authority over or be responsible for the CONTRACTOR's means, methods,techniques, sequences or procedures of construction or the safety precautions and programs incident thereto. The OWNER is not responsible for any failure of the CONTRACTOR to comply with laws and regulations applicable to furnishing or performing the Work. The OWNER is not responsible for the CONTRACTOR's failure to perform or furnish the Work in accordance with the Contract Documents. Failure or omission of the OWNER to discover, or object to or condemn any defective Work or material shall not release the CONTRACTOR from the obligation to properly and fully perform the Contract. 8.3 The OWNER is not responsible for the acts or omissions of the CONTRACTOR, or of any Subcontractor, any Supplier, or of any other person or organization performing or furnishing any of the Work. 8.4 Information or services under the OWNER's control shall be furnished by the OWNER with reasonable promptness to avoid delay in the orderly progress of the Work. 8.5 The foregoing are in addition to other duties and responsibilities of the OWNER enumerated herein and especially those in respect to Article 4 (Availability of Lands; Subsurface and Physical Conditions; Reference Points),Article 7 (Other Work) and Article 14 (Payments to the CONTRACTOR and Completion). 8.6 Notice of Claim: Should the OWNER suffer injury or damage to person or property because of any error, omission or act of the CONTRACTOR or of any of the CONTRACTOR's employees or agents or others for whose acts the CONTRACTOR is liable, a notice of such injury or damage will be sent to the CONTRACTOR within thirty (30) calendar days of the event giving rise to such injury or damage. The provisions of this paragraph 8.6 shall not be construed as a substitute for or a waiver of the provisions of any applicable statute of limitations or statute of repose. 8.7 The OWNER is not responsible for the CONTRACTOR's failure to perform or furnish the Work in accordance with the Contract Documents. The failure or omission of the OWNER, E/A or any other person or entity acting on behalf of the OWNER or the E/A to observe, detect, discover, or object to or condemn any defective Work or material shall not release the CONTRACTOR from CONTRACTOR's obligation to properly and fully perform the Work pursuant to the Contract Documents. The OWNER shall not be responsible for the acts, errors or omissions of the CONTRACTOR, or any Subcontractor, Supplier or any other person or entity performing or furnishing any of the Work on behalf of the CONTRACTOR. ARTICLE 9 -ENGINEER/ARCHITECT'S STATUS DURING CONSTRUCTION 9.1 E/A's Authority and Responsibilities: 9.1.1 The duties and responsibilities and the limitations of authority of E/A during construction are set forth in the Contract Documents and shall not be extended without written consent of the OWNER and E/A. The assignment 00700 04-2020 Page 25 General Conditions of any authority, duties or responsibilities to E/A under the Contract Documents, or under any agreement between the OWNER and E/A, or any undertaking, exercise or performance thereof by E/A, is intended to be for the sole and exclusive benefit of the OWNER and is not for the benefit of the CONTRACTOR, Subcontractor, Sub- subcontractor, Supplier, or any other person or organization, or for any surety or employee or agent of any of them. 9.1.2 E/A will not supervise, direct, control or have authority over or be responsible for the CONTRACTOR's means, methods, techniques, sequences or procedures of construction, or the safety precautions and programs incident thereto. E/A is not responsible for any failure of the CONTRACTOR to comply with laws and regulations applicable to the furnishing or performing the Work. E/A is not responsible for the CONTRACTOR's failure to perform or furnish the Work in accordance with the Contract Documents. Failure or omission of E/A to discover, or object to or condemn any defective Work or material shall not release the CONTRACTOR from the obligation to properly and fully perform the Work. 9.1.3 E/A is not responsible for the acts or omissions of the CONTRACTOR, or of any Subcontractor, any Supplier, or of any other person or organization performing or furnishing any of the Work. 9.1.4 If the OWNER so directs, E/A will review the final Application for Payment and accompanying documentation and all maintenance and operating instructions, schedules, guarantees, bonds and certificates of inspection,tests and approvals and other documentation required to be delivered by Article 14,but only to determine generally that their content complies with the requirements of, and in the case of certificates of inspections, tests and approvals that the results certified indicate compliance with, the Contract Documents. 9.1.5 The limitations upon authority and responsibility set forth in this paragraph 9.1 shall also apply to E/A's Consultants, Resident Project Representative and assistants. 9.2 E/A as Owner's Representative: 9.2.1 E/A may be designated as Owner's Representative under paragraph 8.1. 9.3 Visits to Site: If the OWNER so directs, E/A will make visits to the site at intervals appropriate to the various stages of construction as is necessary in order to observe as an experienced and qualified design professional the progress that has been made and the quality of the various aspects of the CONTRACTOR's executed Work. Based on information obtained during such visits and observations, E/A will endeavor for the benefit of the OWNER to determine if the Work is proceeding in accordance with the Contract Documents. E/A will not be required to make exhaustive or continuous on-site inspections to check the quality or quantity of the Work. E/A's efforts will be directed toward providing for the OWNER a greater degree of confidence that the completed Work will conform to the Contract Documents. On the basis of such visits and on-site observations, E/A will keep the OWNER informed of the progress of the Work and will endeavor to guard the OWNER against defective Work. E/A's visits and on-site observations are subject to all the limitations on E/A's authority and responsibility set forth in paragraph 9.1. 9.4 Project Representative: If the OWNER and E/A agree, E/A will furnish a Resident Project Representative to assist E/A in providing more continuous observation of the Work. The responsibilities and authority and limitations of any such Resident Project Representative and assistants will be as provided in paragraph 9.1 and in the Supplemental General Conditions. The OWNER may designate another representative or agent to represent the OWNER at the site who is not E/A, E/A's consultant, agent or employee. 9.5 Clarifications and Interpretations: E/A may determine that written clarifications or interpretations of the requirements of the Contract Documents (in the form of drawings or otherwise) are necessary. Such written clarifications or interpretations will be consistent with the intent of and reasonably inferable from the Contract Documents,will be issued with reasonable promptness by Owner's Representative and will be binding on the OWNER and the CONTRACTOR. If the OWNER or the 00700 04-2020 Page 26 General Conditions CONTRACTOR believes that a written clarification or interpretation justifies an adjustment in the Contract Amount or the Contract Times, the OWNER or the CONTRACTOR may make a Claim therefor as provided in Article 11 or Article 12. 9.6 Rejecting Defective Work: E/A may recommend that the OWNER disapprove or reject Work which E/A believes to be defective, or believes will not produce a completed Project that conforms to the Contract Documents or will prejudice the integrity of the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. ARTICLE 10 -CHANGES IN THE WORK 10.1 Changes: 10.1.1 Without invalidating the Contract and without notice to any surety, the OWNER, at anytime or from time to time, may order additions, deletions or revisions in the Work. Such changes in the Work will be authorized by Change Order, Change Directive or Field Order. 10.1.2 Changes in the Work shall be performed under applicable provisions of the Contract Documents, and the CONTRACTOR shall proceed promptly, unless otherwise provided in the Change Order, Change Directive or Field Order. 10.1.3 The CONTRACTOR shall not be entitled to an increase in the Contract Amount or an extension of the Contract Times with respect to any Work performed that is not required by the Contract Documents as amended, modified and supplemented as provided in paragraph 3.3.1 and paragraph 3.3.2, except in the case of an emergency as provided in paragraph 6.11.5 or in the case of uncovering Work as provided in paragraph 13.4. 10.1.4 Except in the case of an emergency as provided in paragraph 6.11.5, a Change Order or Change Directive is required before the CONTRACTOR commences any activities associated with a change in the Work which, in the CONTRACTOR 's opinion, will result in a change in the Contract Amount and/or Contract Times. 10.1.5 If notice of any change affecting the general scope of the Work or the provisions of the Contract Documents (including, but not limited to, Contract Amount or Contract Times) is required by the provisions of any Bond to be given to a surety, the giving of any such notice will be the CONTRACTOR's responsibility, and the amount of each applicable Bond will be adjusted accordingly. 10.2 Change Orders: 10.2.1 The OWNER and the CONTRACTOR shall execute appropriate written Change Orders covering: .1 a change in the Work; .2 the amount of the adjustment in the Contract Amount, if any; and .3 the extent of the adjustment in the Contract Time, if any. 10.2.2 An executed Change Order shall represent the complete, equitable, and final amount of adjustment in the Contract Amount and/or Contract Time owed to the CONTRACTOR or the OWNER as a result of the occurrence or event causing the change in the Work encompassed by the Change Order. 10.3 Change Directives: 10.3.1 The OWNER may by written Change Directive,without invalidating the Contract, order changes in the Work within the general scope of the Contract consisting of additions, deletions or other revisions, the Contract Amount 00700 04-2020 Page 27 General Conditions and Contract Time being adjusted as necessary. A Change Directive shall be used in the absence of complete and prompt agreement on the terms of a Change Order. 10.3.2 If the Change Directive provides for an adjustment to the Contract Amount, the adjustment shall be based on the method provided for in paragraph 11.5. 10.3.3 A Change Directive shall be recorded later by preparation and execution of an appropriate Change Order. 10.3.4 Upon receipt of a Change Directive, CONTRACTOR shall promptly proceed with the change in the Work involved. 10.4 Field Order: 10.4.1 Owner's Representative may authorize minor variations in the Work from the requirements of the Contract Documents which do not involve an adjustment in the Contract Amount or the Contract Times and are compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. These shall be accomplished by written Field Order and shall be binding on the OWNER and on the CONTRACTOR who shall perform the Work involved promptly. 10.4.2 If the CONTRACTOR believes that a Field Order would require an adjustment in the Contract Amount and/or Contract Times, the CONTRACTOR shall make written request to Owner's Representative for a Change Order. Any request by the CONTRACTOR for an adjustment in Contract Amount and/or Contract Times shall be made in writing prior to beginning the work covered by the Field Order. 10.5 No Damages for Delay: Except as otherwise provided in the Contract Documents, the CONTRACTOR shall receive no compensation for delays or hindrances to the Work. If delay is caused by specific orders given by the OWNER to stop Work for reasons for which the CONTRACTOR is not responsible, or such delay is not caused by active interference in the Work by OWNER for reasons for which the CONTRACTOR is not responsible, then such delay will entitle the CONTRACTOR only to an equivalent extension of time, the CONTRACTOR's application for which shall, however, be subject to approval of the OWNER. No such extension of time shall release the CONTRACTOR or surety on its performance bond from all the CONTRACTOR's obligations hereunder which shall remain in full force until discharge of the Contract. ARTICLE 11 -CHANGE OF CONTRACT AMOUNT 11.1 The Contract Amount is stated in the Agreement and, including authorized adjustments, is the total amount payable by the OWNER to the CONTRACTOR for performance of the Work under the Contract Documents. 11.2 The original Contract Amount may not be increased by more than twenty-five percent(25%) and it may not be decreased more than twenty-five percent(25%)without the consent of the CONTRACTOR to such decrease. 11.3 The Contract Amount shall only be changed by a Change Order. Any claim for an adjustment in the Contract Amount shall be made by Written Notice delivered by the party making the Claim to the other party promptly (but in no event later than thirty(30)calendar days)after the start of the occurrence or event giving rise to the Claim and stating the general nature of the Claim. Notice of the amount of the Claim with supporting data shall be delivered within thirty (30) calendar days after Written Notice of Claim is delivered by claimant, and shall represent that the adjustment claimed covers all known amounts to which claimant is entitled as a result of said occurrence or event. If the OWNER and the CONTRACTOR cannot otherwise agree, all Claims for adjustment in the Contract Amount shall be determined as set out in Article 16. 11.4 Determination of Value of Work: 00700 04-2020 Page 28 General Conditions 11.4.1 The value of any Work covered by a Change Order or of any Claim for an adjustment in the Contract Amount will be determined by one or more of the following methods: .1 by application of unit prices contained in the Contract Documents to the quantities of the items involved. .2 by a mutually agreed lump sum properly itemized and supported by sufficient substantiating data to permit evaluation. .3 by cost of Work plus the CONTRACTOR's fee for all overhead costs and profit(determined as provided in paragraph 11.5). 11.4.2 Before using the method described in paragraph 11.4.1.3, the OWNER and the CONTRACTOR agree to negotiate a Change Order using the methods identified in paragraph 11.4.1.1 and paragraph 11.4.1.2, as appropriate, to determine the adjustment in the Contract Amount. 11.5 Cost of Work: If neither of the methods defined in paragraph 11.4.1.1 or paragraph 11.4.1.2 can be agreed upon before a change in the Work is commenced which will result in an adjustment in the Contract Amount, the OWNER may issue a Change Directive to the CONTRACTOR. If the OWNER elects to issue a Change Directive, CONTRACTOR shall perform the Changed Work and payment will be made as follows: .1 For all personnel, the CONTRACTOR will receive the rate or wage specified in the prevailing wage rates established in Section 00900 for each hour that said personnel are actually engaged in such Work, to which will be added an amount equal to twenty-five percent (25%) of the sum thereof as compensation for the CONTRACTOR's and any affected Subcontractor's total overhead and profit. No separate charge will be made by the CONTRACTOR for organization or overhead expenses. For the cost of premiums on public liability insurance, workers' compensation insurance, social security and unemployment insurance, an amount equal to fifty-five percent (55%) of the wages paid personnel, excluding the twenty-five(25%)compensation provided above,will be paid to the CONTRACTOR. The actual cost of the CONTRACTOR's bond(s) on the extra Work will be paid based on invoices from surety. No charge for superintendence will be made unless considered necessary and ordered by the OWNER. .2 The CONTRACTOR will receive the actual cost, including freight charges, of the materials used on such Work, to which costs will be added a sum equal to twenty-five percent (25%) thereof as compensation for the CONTRACTOR's and any affected Subcontractor's total overhead and profit. In case material invoices indicate a discount may be taken, the actual cost will be the invoice price minus the discount. .3 For machinery, trucks, power tools, or other similar equipment agreed to be necessary by the OWNER and the CONTRACTOR, the OWNER will allow the CONTRACTOR the rate as given in the latest edition of the Associated General Contractors of America "Contractor's Equipment Cost Guide" as published by Dataquest for each hour that said tools or equipment are in use on such work, which rate includes the cost of fuel, lubricants and repairs. No additional compensation will be allowed on the equipment for the CONTRACTOR's overhead and profit. .4 The compensation, as herein provided for, shall be received by the CONTRACTOR and any affected Subcontractor as payment in full for work done by Change Directive and will include use of small tools, and total overhead expense and profit. The CONTRACTOR and the Owner's Representative shall compare records of work done by Change Directive at the end of each day. Copies of these records will be made upon forms provided for this purpose by the OWNER and signed by both Owner's Representative and the CONTRACTOR, with one (1) copy being retained by the OWNER and one (1) by the CONTRACTOR. Refusal by the CONTRACTOR to sign these records within two (2) working days of presentation does not invalidate the accuracy of the record. 00700 04-2020 Page 29 General Conditions 11.6 Unit Price Work: 11.6.1 Where the Contract Documents provide that all or part of the Work is to be unit price Work, initially the Contract Amount will be deemed to include for all unit price work an amount equal to the sum of the established unit price for each separately identified item of unit price work times the estimated quantity of each item as indicated in the Bid. The estimated quantities of items of unit price work are not guaranteed and are solely for the purpose of comparison of Bids and determining an initial Contract Amount. Determinations of the actual quantities and classifications of unit price work performed by the CONTRACTOR will be made by Owner's Representative. Owner's Representative will review with the CONTRACTOR the preliminary determinations on such matters before rendering a written decision thereon (by recommendation of an Application for Payment or otherwise). 11.6.2 When "plan quantity" is indicated for a bid item, the CONTRACTOR shall be paid the amount specified in the Contract Documents without any measurements. 11.6.3 Each unit price will be deemed to include an amount considered by the CONTRACTOR to be adequate to cover the CONTRACTOR's overhead and profit for each separately identified item. 11.6.4 A Major Item is any individual bid item in the Bid that has a total cost equal to or greater than five percent (5%) of the original Contract Amount or $50,000, whichever is greater, computed on the basis of bid quantities and Contract unit prices. 11.6.5 The OWNER or the CONTRACTOR may make a Claim for an adjustment in the Contract Amount in accordance with Article 11 if: .1 the actual quantity of any Major Item should become as much as twenty percent (20%) more than or twenty percent(20%) less than in the Bid; or .2 The CONTRACTOR presents proper documentation contesting the accuracy of "plan quantity," and Owner's Representative verifies quantity and determines original quantity is in error by five percent (5%)or more. 11.6.6 Right to Verify Information: The CONTRACTOR agrees that any designated representative of the OWNER shall have the right to examine the CONTRACTOR's records to verify the accuracy and appropriateness of the pricing data used to price change proposals. Even after a Change Order Proposal has been approved, the CONTRACTOR agrees that if the OWNER later determines the cost and pricing data submitted was inaccurate, incomplete, not current or not in compliance with the terms of this Agreement regarding pricing of change orders, then an appropriate contract price reduction will be made. 11.6.7 Pricing Information Requirements: The CONTRACTOR agrees to provide and require all subcontractors to provide a breakdown of allowable labor and labor burden cost information as outlined herein. This information will be used to evaluate the potential cost of labor and labor burden related to change order work. It is intended that this information represent an accurate estimate of the CONTRACTOR's actual labor and labor burden cost components. This information is not intended to establish fixed billing or change order pricing labor rates. However, at the time change orders are priced the submitted cost data for labor rates may be used to price change order work. The accuracy of any such agreed-upon labor cost components used to price change orders will be subject to later audit. Approved change order amounts may be adjusted later to correct the impact of inaccurate labor cost components if the agreed-upon labor cost components are determined to be inaccurate. ARTICLE 12-CHANGE OF CONTRACT TIMES 12.1 Working Day and Calendar Day Contracts: 12.1.1 The Contract Times (or Milestones) shall only be changed by Change Order or Time Extension Request duly executed by both the CONTRACTOR and Owner's Representative. Any claim for an adjustment of the Contract Times(or Milestones)shall be made by Written Notice delivered by the party making the Claim to the other 00700 04-2020 Page 30 General Conditions party promptly (but in no event later than thirty (30) calendar days) after the start of the occurrence or event giving rise to the delay and stating the general nature of the delay. Notice of the extent of the delay with supporting data shall be delivered within thirty (30) calendar days after Written Notice of Claim is delivered by claimant, and shall represent that the adjustment claimed is the entire adjustment to which claimant is entitled as a result of said occurrence or event. If the OWNER and the CONTRACTOR cannot otherwise agree, all Claims for adjustment in the Contract Times (or Milestones) shall be determined as set out in Article 16. No Claim for an adjustment in the Contract Times (or Milestones)will be valid if not submitted in accordance with the requirements of this paragraph. 12.1.2 When the CONTRACTOR is at fault and the OWNER stops the Work so that corrections in the Work can be made by the CONTRACTOR, then no extension in time will be allowed. 12.1.3 When the CONTRACTOR is prevented from completing any part of the Work within the Contract Times(or Milestones) due to delay for which the CONTRACTOR is not responsible, an extension of the Contract Times (or Milestones) in an amount equal to the time lost due to such delay will be considered by OWNER. Any extension of the Contract Time shall be the CONTRACTOR's sole and exclusive remedy for such delay. However, adverse weather shall not be considered justification for extension of Contract Times on Calendar Day contracts, except as provided for in paragraph 12.2. 12.1.4 The OWNER will consider time extension requests and may grant the CONTRACTOR an extension of time because of: .1 Changes ordered in the Work which justify additional time. .2 Failure of materials or products being at the Project site due to delays in transportation or failures of Suppliers,for which the CONTRACTOR, a Subcontractor or a Supplier is not responsible. The request for an extension of time shall be supported by a recitation of acts demonstrating that such delays were beyond the control of the CONTRACTOR, a Subcontractor or a Supplier including but not limited to, the CONTRACTOR's, the Subcontractor's or the Supplier's efforts to overcome such delays documented as follows: a) Copy of purchase order for delayed item(s) indicating date ordered by the CONTRACTOR/Subcontractor and date purchase order received by Supplier. b) If item(s) require Shop Drawings or other submittal information in accordance with the Contract Documents, provide record of date submittal(s) forwarded to Owner's Representative, date submittal(s) returned to the CONTRACTOR, and date submittal(s)forwarded to Supplier. c) Copy of document(s) from Supplier, on Supplier's letterhead, indicating date(s) item(s) would be ready for shipment and/or actual shipment date(s). d) Copies of all correspondence between the CONTRACTOR/Subcontractor and Supplier indicating the CONTRACTOR/Subcontractor's efforts to expedite item(s). e) If item(s) are being purchased by a Subcontractor, provision of meeting notes, correspondence, and the like which reflect the CONTRACTOR's efforts with the Subcontractor to expedite delivery of the item(s). .3 When acts of the OWNER, E/A, utility owners or other contractors employed by the OWNER delay progress of work through no fault of the CONTRACTOR. .4 When the CONTRACTOR is delayed by strikes, lockouts, fires, losses from natural causes, or other unavoidable cause or causes beyond the CONTRACTOR's control. 12.2 Calendar Day Contracts: 00700 04-2020 Page 31 General Conditions Under a Calendar Day Contract,the CONTRACTOR may also be granted an extension of time because of unusual inclement weather that is beyond the normal weather expected for the Williamson and Travis Counties, Texas area. Normal weather which prevents the CONTRACTOR from performing Work is expected during a Calendar Day Contract, and is not a justification for an extension of time. The following delineates the number of days per month for which, for purposes of Calendar Day Contracts, expected normal weather will prevent performance of Work: January.......................... 7 days February........................ 7 days March............................. 7 days April............................... 7 days May................................ 8 days June................................ 6 days July................................. 6 days August........................... 5 days September..................... 7 days October.......................... 7 days November..................... 7 days December...................... 7 days Days per month exceeding the number shown above may be credited as Rain Days if a Claim is made in accordance with paragraph 12.1.1 and meets the following definition: a"Rain Day" is any day in which a weather event occurs at the site and is sufficient to prevent the CONTRACTOR from performing units of Work critical to maintaining the project schedule during the entire day. ARTICLE 13-TESTS AND INSPECTIONS; AND CORRECTION OR REMOVAL OF DEFECTIVE WORK 13.1 Notice of Defects: Prompt notice of all defective Work of which the OWNER or E/A has actual knowledge will be given to the CONTRACTOR. All defective Work may be rejected or corrected as provided for in Article 13. 13.2 Access to Work: The OWNER, E/A, E/A's Consultants, other representatives and personnel of the OWNER, independent testing laboratories and governmental agencies having jurisdiction will have unrestricted physical access to the Work site for observing, inspecting and testing. The CONTRACTOR shall provide them proper and safe conditions for such access, and advise them of the CONTRACTOR's site safety procedures and programs so that they may comply therewith as applicable. 13.3 Tests and Inspections: 13.3.1 The CONTRACTOR shall give timely notice of readiness of the Work for all required inspections, tests or approvals, and shall cooperate with inspection and testing personnel to facilitate required inspections or tests. 13.3.2 The OWNER shall employ and pay for services of an independent testing laboratory to perform all inspections, tests or approvals required by the Contract Documents except: .1 for inspections, tests or approvals covered by paragraph 13.3.3 below; .2 for reinspecting or retesting defective Work; and .3 as otherwise specifically provided in the Contract Documents. All testing laboratories shall be those selected by the OWNER. 00700 04-2020 Page 32 General Conditions 13.3.3 If laws or regulations of any public body having jurisdiction require any Work(or part thereof)specifically to be inspected, tested or approved by an employee or other representative of such public body, the CONTRACTOR shall assume full responsibility for arranging and obtaining such inspections, tests or approvals, pay all costs in connection therewith and furnish Owner's Representative the required certificates of inspection or approval. The CONTRACTOR shall also be responsible for arranging and obtaining and shall pay all costs in connection with any inspections, tests or approvals required for the OWNER's and E/A's review of materials or equipment to be incorporated in the Work, or of materials, mix designs or equipment submitted for review prior to the CONTRACTOR's purchase thereof for incorporation in the Work. 13.4 Uncovering Work: 13.4.1 If any Work (or the work of others) that is to be inspected, tested or approved is covered by the CONTRACTOR without concurrence of Owner's Representative, or if any Work is covered contrary to the written request of Owner's Representative, it must, if requested by Owner's Representative, be uncovered and recovered at the CONTRACTOR's expense. 13.4.2 If Owner's Representative considers it necessary or advisable that covered Work be observed, inspected or tested, the CONTRACTOR shall uncover, expose or otherwise make available for observation, inspection or testing that portion of the Work in question, furnishing all necessary labor, material and equipment. If it is found that such Work is defective,the CONTRACTOR shall pay all claims, costs, losses and damages caused by, arising out of or resulting from such uncovering, exposure, observation, inspection and testing and of satisfactory replacement or reconstruction (including but not limited to all costs of repair or replacement of work of others); and the OWNER shall be entitled to an appropriate decrease in the Contract Amount, and may make a Claim therefor as provided in Article 11. If, however, such Work is not found to be defective, the CONTRACTOR shall be allowed an increase in the Contract Amount or an extension of the Contract Times (or Milestones), or both, directly attributable to such uncovering, exposure, observation, inspection, testing, replacement and reconstruction; and the CONTRACTOR may make a Claim therefor as provided in Article 11 and Article 12. 13.5 OWNER May Stop the Work: 13.5.1 If the Work is defective, or the CONTRACTOR fails to supply sufficient skilled workers or suitable materials or equipment, or fails to furnish or perform the Work in such a way that the completed Work will conform to the Contract Documents, the OWNER may order the CONTRACTOR to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, this right of the OWNER to stop the Work shall not give rise to any duty on the part of the OWNER to exercise this right for the benefit of the CONTRACTOR or any surety or other party. 13.5.2 If the CONTRACTOR fails to correct defective Work or submit a satisfactory plan to take corrective action, with procedure and time schedule, the OWNER may order the CONTRACTOR to stop the Work, or any portion thereof, until cause for such order has been eliminated, or take any other action permitted by this Contract. A notice to stop the Work, based on defects, shall not stop calendar or working days charged to the Project. 00700 04-2020 Page 33 General Conditions 13.6 Correction or Removal of Defective Work: If required by the OWNER,the CONTRACTOR shall promptly,as directed,either correct all defective Work,whether or not fabricated, installed or completed, or, if the Work has been rejected by Owner's Representative, remove it from the site and replace it with Work that is not defective. The CONTRACTOR shall correct or remove and replace defective Work, or submit a plan of action detailing how the deficiency will be corrected, within the time frame identified in the notice of defective Work. The CONTRACTOR shall pay all claims, costs, losses and damages caused by or resulting from such correction or removal(including but not limited to all costs of repair or replacement of work of others), including but not limited to all consultant, engineering, expert and attorney's fees incurred by the OWNER as a result of such defective work or as necessary for OWNER to investigate such defective Work and/or to determine the appropriate means or methods to address or correct such defective Work. The OWNER shall have the right, in OWNER's sole discretion, to have the E/A or other consultant specify the means and methods that will be followed to correct or address any defective Work. If the OWNER specifies a means or method by which the defective Work will be addressed or corrected, the CONTRACTOR shall perform the specified work necessary to address or correct the defective Work at CONTRACTOR's sole cost and expense. 13.7 Warranty period: 13.7.1 If, at any time after the date of Substantial Completion or such longer period of time as may be prescribed by laws or regulations or by the terms of any applicable special guarantee required by the Contract Documents or by any specific provision of the Contract Documents, any Work is found to be defective, the CONTRACTOR shall promptly, without cost to the OWNER and in accordance with the OWNER's written instructions: (i) correct such defective Work, or, if it has been rejected by the OWNER, remove it from the site and replace it with Work that is not defective, and (ii) satisfactorily correct or remove and replace any damage to other Work or the work of others resulting therefrom. If the CONTRACTOR does not promptly comply with the terms of such instructions, or in an emergency where delay would cause serious risk of loss or damage, the OWNER may have the defective Work corrected or the rejected Work removed and replaced, and all claims, costs, losses and damages caused by or resulting from such removal and replacement (including but not limited to all costs of repair or replacement of work of others and all consultant, expert and attorney's fees incurred by OWNER)will be paid by the CONTRACTOR. 13.7.2 In special circumstances where a particular item of equipment is placed in continuous service before Substantial Completion of all the Work, the warranty period for that item may start to run from an earlier date if so provided in the Contract Documents and agreed to by OWNER. 13.8 OWNER May Correct Defective Work: If the CONTRACTOR fails within a reasonable time after Written Notice of the OWNER to correct defective Work, or to remove and replace rejected Work, or if the CONTRACTOR fails to perform the Work in accordance with the Contract Documents, or if the CONTRACTOR fails to comply with any other provision of the Contract Documents, the OWNER may, after seven (7) calendar days' Written Notice to the CONTRACTOR, correct and remedy any such deficiency. If, in the opinion of Owner's Representative, significant progress has not been made during this seven (7)calendar day period to correct the deficiency,the OWNER may exercise any actions necessary to remedy the deficiency. In exercising the rights and remedies under this paragraph,the OWNER shall proceed expeditiously. In connection with such corrective and remedial action, the OWNER may exclude the CONTRACTOR from all or part of the site, take possession of all or part of the Work, and suspend the CONTRACTOR's services related thereto, and incorporate in the Work all materials and equipment stored at the site or for which the OWNER has paid the CONTRACTOR but which are stored elsewhere. The CONTRACTOR shall allow the OWNER, its agents and employees,the OWNER's other contractors, E/A and E/A's consultants access to the site to enable the OWNER to exercise the rights and remedies under this paragraph. All claims, costs, losses and damages incurred or sustained by the OWNER in exercising such rights and remedies will be charged against the CONTRACTOR and a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the 00700 04-2020 Page 34 General Conditions Work. Such claims, costs, losses and damages will include but not be limited to all costs of repair or replacement of work of others destroyed or damaged by correction, removal or replacement of the CONTRACTOR's defective Work and any and all consultant, expert and attorneys fees incurred by OWNER as a result of OWNER's correction of defective WORK. The CONTRACTOR shall not be allowed an extension of the Contract Times (or Milestones), or claims of damage because of any delay in the performance of the Work attributable to the exercise by the OWNER of the OWNER's rights and remedies hereunder. 13.9 ACCEPTANCE OF DEFECTIVE WORK If, instead of requiring correction or removal and replacement of defective Work, OWNER prefers to accept it, OWNER may do so. CONTRACTOR shall pay all claims, costs, losses, and damages attributable to OWNER's evaluation of and determination to accept such defective Work, including but not limited to any expert, engineering or other consultant's fees incurred by the OWNER to investigate such defective Work and/or to determine the appropriate means or methods and work necessary to allow OWNER to accept the defective Work and CONTRACTOR shall pay for all work required to be performed to allow OWNER to accept the defective Work and any estimated costs, expenses and damages OWNER may sustain in the future as a result of accepting the defective Work, including any diminution in value of the Project as a result of accepting the defective Work. If any such acceptance occurs prior to final payment, the necessary revisions in the Contract Documents with respect to the Work shall be incorporated in a Change Order. If the parties are unable to agree as to the decrease in the Contract Price, then OWNER may impose a reasonable set-off against payments due under the Contract Documents. If the acceptance of defective Work occurs after final payment, CONTRACTOR shall pay to OWNER the above described costs, expenses and damages incurred by OWNER as a result of OWNER's acceptance of defective Work. ARTICLE 14- PAYMENTS TO CONTRACTOR AND COMPLETION 14.1 Application for Progress Payment: 14.1.1 Not more than once per month, the CONTRACTOR shall submit to Owner's Representative for review an Application for Payment, in a form acceptable to the OWNER,filled out and signed by the CONTRACTOR covering the Work completed as of the date of the Application and accompanied by such supporting documentation as is required by the Contract Documents or as required by OWNER. 14.1.2 Such applications shall not include requests for payment on account of changes in the Work which have been properly authorized by Change Directives but not yet included in Change Orders. 14.1.3 Such applications shall not include requests for payment of amounts the CONTRACTOR does not intend to pay to a Subcontractor or Supplier because of a dispute or other reason. 14.1.4 Owner will not pay for materials or equipment not incorporated in the Work but delivered and suitably stored at the site or at another location. Payment will be made by Owner only for Work completed in accordance with the Contract Documents. 14.1.5 Where the original Contract Amount is less than $400,000, the OWNER will pay to the CONTRACTOR the total amount of approved Application for Payment, less ten percent(10%)of the amount thereof, which ten percent (10%)will be retained until final payment, less all previous payments and less all sums that may be retained by the OWNER under the terms of this Agreement. Where the original Contract Amount is$400,000 or more,the OWNER will pay to the CONTRACTOR the total amount of approved Application for Payment, less five percent (5%) of the amount thereof, which five percent(5%)will be retained until final payment, less all previous payments and less all sums that may be retained by the OWNER under the terms of this Agreement. In either case, if the Work is near completion and delay occurs due to no fault or neglect of the CONTRACTOR, the OWNER may pay a portion of the retained amount to the CONTRACTOR. The CONTRACTOR, at the OWNER's option, may be relieved of the obligation to complete the Work and, thereupon, the CONTRACTOR shall receive payment of the balance due under the Contract subject to the conditions stated under paragraph 15.2. 00700 04-2020 Page 35 General Conditions 14.1.6 Applications for Payment shall include the following documentation: .1 updated progress schedule; .2 monthly subcontractor report; and .3 any other documentation required under the Supplemental General Conditions. 14.2 CONTRACTOR's Warranty of Title: The CONTRACTOR warrants and guarantees that title to all Work, materials and equipment covered by any Application for Payment, whether incorporated in the Project or not,will pass to the OWNER not later than the time of payment to the CONTRACTOR free and clear of all liens. 14.3 Review of Applications for Progress Payment: 14.3.1 Owner's Representative will, within seven (7) calendar days after receipt of each Application for Payment, either indicate a recommendation for payment and forward the Application for processing by the OWNER, or return the Application to the CONTRACTOR indicating Owner's Representative's reasons for refusing to recommend payment. In the latter case,the CONTRACTOR may make the necessary corrections and resubmit the Application. 14.3.2 Owner's Representative's recommendation of any payment requested in an Application for Payment will constitute a representation by Owner's Representative, based upon Owner's Representative's on-site observations of the executed Work and on Owner's Representative's review of the Application for Payment and the accompanying data and schedules,that to the best of Owner's Representative's knowledge, information and belief: .1 the Work has progressed to the point indicated; and .2 the quality of the Work is in accordance with the Contract Documents (subject to an evaluation of the Work as a functioning whole prior to or upon Substantial Completion, to the results of any subsequent tests called for in the Contract Documents, to a final determination of quantities and classifications for unit price Work, and to any other qualifications stated in the recommendation). 14.3.3 By recommending any such payment, Owner's Representative will not thereby be deemed to have represented that: .1 inspections have been made to check the quality or the quantity of the Work or that the Work has been performed in accordance with the Contract Documents; .2 examination has been made to ascertain how or for what purpose the CONTRACTOR has used money previously paid on account of the Contract Amount; .3 the CONTRACTOR's construction means, methods, techniques, sequences or procedures have been reviewed; or .4 that there may not be other matters or issues between the parties that might entitle the CONTRACTOR to be paid additionally by the OWNER or entitle the OWNER to withhold payment to the CONTRACTOR. 14.4 Decisions to Withhold Payment: 14.4.1 The OWNER may withhold or nullify the whole or part of any payment to such extent as maybe necessary on account of: .1 defective Work not remedied; 00700 04-2020 Page 36 General Conditions .2 reasonable evidence that the Work cannot be completed for the unpaid balance of the Contract Amount; .3 damage to the OWNER or another contractor; .4 reasonable evidence that the Work will not be completed within the Contract Time, and that the unpaid balance would not be adequate to cover actual or liquidated damages for the anticipated delay; .5 failure of the CONTRACTOR to submit a schedule of values in accordance with the Contract Documents; .6 failure of the CONTRACTOR to submit a submittal schedule in accordance with the Contract Documents; .7 failure of the CONTRACTOR to submit or update construction schedules in accordance with the Contract Documents; .8 failure of the CONTRACTOR to maintain a record of changes on drawings and documents; .9 failure of the CONTRACTOR to maintain weekly payroll reports; .10 failure of the CONTRACTOR to submit monthly subcontractor reports; .11 the CONTRACTOR's neglect or unsatisfactory prosecution of the Work, including failure to clean up; or .12 failure of the CONTRACTOR to comply with any provision of the Contract Documents. .13 OWNER's disagreement with the recommendation of the Owner's Representative, provided the OWNER has provided a Written Notice to the CONTRACTOR specifying the reasons why OWNER does not agree with such recommendation. 14.4.2 When the above reasons for withholding payment are removed, the CONTRACTOR shall resubmit a statement for the value of Work performed. Payment will be made within thirty (30) calendar days of receipt of approved Application for Payment. 14.5 Delayed Payments: Should the OWNER fail to make payment to the CONTRACTOR of a sum named in any Application for Payment with which OWNER agrees and has approved for payment within thirty (30) calendar days after the day on which the OWNER received the mutually acceptable Application for Payment, then the OWNER will pay to the CONTRACTOR, in addition to the sum shown as due by such Application for Payment, interest thereon at the rate of one percent (1%) per month from date due until fully paid, which shall fully liquidate any injury to the CONTRACTOR growing out of such delay in payment. 14.6 Arrears: No money shall be paid by the OWNER upon any claim, debt, demand or account whatsoever, to any person, firm or corporation who is in arrears to the OWNER; and the OWNER shall be entitled to counterclaim and offset against any such debt, claim, demand or account so in arrears and no assignment or transfer of such debt, claim, demand or account, shall affect the right of the OWNER to so offset said amounts, and associated penalties and interest if applicable, against the same. 00700 04-2020 Page 37 General Conditions 14.7 Substantial Completion: 14.7.1 If a Certificate of Occupancy is required by public authorities having jurisdiction over the Work, said certificate shall be issued before the Work or any portion thereof is considered substantially complete. When the CONTRACTOR considers that the Work, or a portion thereof which the OWNER agrees to accept separately, is substantially complete, the CONTRACTOR shall notify Owner's Representative and request a determination as to whether the Work or designated portion thereof is substantially complete. If Owner's Representative does not consider the Work substantially complete, Owner's Representative will notify the CONTRACTOR giving reasons therefor. Failure on the OWNER's part to list a reason does not alter the responsibility of the CONTRACTOR to complete all Work in accordance with the Contract Documents. After satisfactorily completing items identified by Owner's Representative, the CONTRACTOR shall then submit another request for Owner's Representative to determine substantial completion. If Owner's Representative considers the Work substantially complete, Owner's Representative will prepare and deliver a certificate of Substantial Completion which shall establish the date of Substantial Completion, shall include a punch list of items to be completed or corrected before final payment, shall establish the time within which the CONTRACTOR shall finish the punch list, and shall establish responsibilities of the OWNER and the CONTRACTOR for security, maintenance, heat, utilities, damage to the Work, warranty and insurance. Failure to include an item on the punch list does not alter the responsibility of the CONTRACTOR to complete all Work in accordance with the Contract Documents. The certificate of Substantial Completion shall be signed by the OWNER and the CONTRACTOR to evidence acceptance of the responsibilities assigned to them in such certificate. 14.7.2 The OWNER shall have the right to exclude the CONTRACTOR from the Work after the date of Substantial Completion, but the OWNER will allow the CONTRACTOR reasonable access to complete or correct items on the punch list. 14.8 Partial Utilization: The OWNER, at the OWNER's sole option, shall have the right to take possession of and use any completed or partially completed portion of the Work regardless of the time for completing the entire Work. The OWNER's exercise of such use and possession shall not be construed to mean that the OWNER acknowledges that any part of the Work so possessed and used is substantially complete or that it is accepted by OWNER, and the OWNER's exercise of such use and possession shall not relieve the CONTRACTOR of its responsibility to complete all Work in accordance with the Contract Documents. 14.9 Final Inspection: Upon Written Notice from the CONTRACTOR that the entire Work or an agreed portion thereof is complete,Owner's Representative will make a final inspection with the CONTRACTOR and provide Written Notice of all particulars in which this inspection reveals that the Work is incomplete or defective. The CONTRACTOR shall immediately take such measures as are necessary to complete such Work or remedy such deficiencies. 14.10 Final Application for Payment: The CONTRACTOR may make application for final payment following the procedure for progress payments after the CONTRACTOR has completed all such corrections to the satisfaction of Owner's Representative and delivered the following documents: .1 Three (3) complete operating and maintenance manuals, each containing maintenance and operating instructions, schedules, guarantees, and other documentation required by the Contract Documents; .2 Record documents (as provided in paragraph 6.10); .3 Consent of surety, if any, to final payment. If surety is not provided, complete and legally effective releases or waivers (satisfactory to the OWNER) of all claims arising out of or filed in connection with the Work; 00700 04-2020 Page 38 General Conditions .4 Certificate evidencing that insurance required by the Supplemental General Conditions will remain in force after final payment and through any warranty period; .5 Non-Use of Asbestos Affidavit (After Construction); and .6 Any other documentation called for in the Contract Documents. 14.11 Final Payment and Acceptance: 14.11.1 If, on the basis of observation of the Work during construction, final inspection, and review of the final Application for Payment and accompanying documentation as required by the Contract Documents, Owner's Representative is satisfied that the Work has been completed and the CONTRACTOR's other obligations under the Contract Documents have been fulfilled, Owner's Representative will recommend the final Application for Payment and thereby notify the OWNER. If the OWNER agrees with the recommendation of the Owner's Representative, the OWNER will pay to the CONTRACTOR the balance due the CONTRACTOR under the terms of the Contract. 14.11.2 As Contract Time is measured to Final Completion, Owner's Representative will issue a letter of final acceptance to the CONTRACTOR which establishes the Final Completion date and initiates any warranty period. 14.11.3 Final payment is considered to have taken place when the CONTRACTOR or any of its representatives negotiates the OWNER's final payment check, whether labeled final or not, for cash or deposits check in any financial institution for its monetary return. 14.12 Waiver of Claims: The making and acceptance of final payment will constitute: .1 a waiver of claims by the OWNER against the CONTRACTOR, except claims arising from unsettled claims, from defective Work appearing after final inspection, from failure to comply with the Contract Documents or the terms of any warranty specified therein, or from the CONTRACTOR's continuing obligations under the Contract Documents; and .2 a waiver of all claims by the CONTRACTOR against the OWNER other than those previously made in writing and still unsettled. ARTICLE 15 -SUSPENSION OF WORK AND TERMINATION 15.1 OWNER May Suspend Work Without Cause and for Convenience: At any time and without cause and for convenience, the OWNER may suspend the Work or any portion thereof for a period of not more than ninety(90)calendar days by written agreement or by Written Notice to the CONTRACTOR which will fix the date on which the Work will be resumed. The CONTRACTOR shall resume the Work on the date so fixed. The CONTRACTOR may be allowed an adjustment in the Contract Amount or an extension of the Contract Times,or both, directly attributable to any such suspension if the CONTRACTOR makes an approved Claim therefor as provided in Article 11 and Article 12. 15.2 OWNER May Terminate Without Cause: Upon seven (7) calendar days'Written Notice to the CONTRACTOR, the OWNER may, without cause and without prejudice to any right or remedy of the OWNER, elect to terminate the Agreement. In such case, the CONTRACTOR shall be paid (without duplication of any items): .1 for completed and acceptable Work executed in accordance with the Contract Documents prior to the effective date of termination; 00700 04-2020 Page 39 General Conditions .2 for all claims incurred in settlement of terminated contracts with Suppliers, Subcontractors, and others. The CONTRACTOR agrees to negotiate in good faith with Subcontractors, Suppliers and others to mitigate the OWNER's cost CONTRACTOR shall include in any subcontract or purchase order language that provides that if the Agreement is terminated without cause, the Subcontractor and Suppliers will only be paid for work performed or materials and equipment supplied and shall not have any other claims against CONTRACTOR or OWNER; CONTRACTOR shall not be paid for any profit or overhead for Work not completed. 15.3 OWNER May Terminate With Cause: 15.3.1 Upon the occurrence of any one or more of the following events: .1 if the CONTRACTOR persistently fails to perform the Work in accordance with the Contract Documents; .2 if the CONTRACTOR disregards laws or regulations of any public body having jurisdiction; .3 if the CONTRACTOR disregards the authority of Owner's Representative; .4 if the CONTRACTOR makes fraudulent statements; .5 if the CONTRACTOR fails to maintain a work force adequate to accomplish the Work within the Contract Time; .6 if the CONTRACTOR fails to make adequate progress and endangers successful completion of the Contract; or .7 if the CONTRACTOR otherwise violates any provisions of the Contract Documents; The OWNER may, after giving the CONTRACTOR (and the surety, if any) seven (7) calendar days' Written Notice terminate the services of the CONTRACTOR. The OWNER, at its option, may proceed with negotiation with surety for completion of the Work. Alternatively,the OWNER may under these circumstances exclude the CONTRACTOR from the site and take possession of the Work (without liability to the CONTRACTOR for trespass or conversion), incorporate in the Work all materials and equipment stored at the site or for which the OWNER has paid the CONTRACTOR but which are stored elsewhere, and finish the Work as the OWNER may deem expedient. In such case the CONTRACTOR shall not be entitled to receive any further payment until the Work is finished. If the unpaid balance of the Contract Amount exceeds all claims, costs, losses and damages sustained by the OWNER arising out of or resulting from completing the Work, such excess will be paid to the CONTRACTOR. If such claims, costs, losses and damage exceed such unpaid balance, the CONTRACTOR or surety shall pay the difference to the OWNER. 15.3.2 Where the CONTRACTOR's services have been so terminated by the OWNER, the termination will not affect any rights or remedies of the OWNER against the CONTRACTOR and surety then existing or which may thereafter accrue. Any retention or payment of amounts due the CONTRACTOR by the OWNER will not release the CONTRACTOR from liability. In the event the OWNER terminates the Contract with cause, the OWNER may reject any and all bids submitted by the CONTRACTOR for up to three(3)years. 00700 04-2020 Page 40 General Conditions 15.4 CONTRACTOR May Stop Work or Terminate: If through no act or fault of the CONTRACTOR,the Work is suspended for a period of more than ninety(90)calendar days by the OWNER or under an order of court or other public authority, or (except during disputes) Owner's Representative fails to forward for processing any mutually acceptable Application for Payment within thirty (30) calendar days after it is submitted, or(except during disputes)the OWNER fails for sixty (60) calendar days after it is submitted to pay the CONTRACTOR any sum finally determined by the OWNER to be due, then the CONTRACTOR may, upon seven (7)calendar days'Written Notice to the OWNER, and provided the OWNER does not remedy such suspension or failure within that time, terminate the Agreement and recover from the OWNER payment on the same terms as provided in paragraph 15.2. In lieu of terminating the Agreement and without prejudice to any other right or remedy, if(except during disputes) Owner's Representative has failed to forward for processing any mutually acceptable Application for Payment within thirty(30)calendar days after it is submitted, or (except during disputes) the OWNER has failed for sixty (60) calendar days after it is submitted to pay the CONTRACTOR any sum finally determined by the OWNER to be due, the CONTRACTOR may upon seven (7) calendar days' Written Notice to the OWNER stop the Work until payment of all such amounts due the CONTRACTOR, including interest thereon. The provisions of this paragraph 15.4 are not intended to preclude the CONTRACTOR from making a Claim under Article 11 and Article 12 for an increase in Contract Amount or Contract Times or otherwise for expenses or damage directly attributable to the CONTRACTOR's stopping Work as permitted by this paragraph. ARTICLE 16 - DISPUTE RESOLUTION 16.1 Filing of Claims: 16.1.1 Claims arising from the circumstances identified in paragraphs 3.2, 4.1, 4.2.2, 4.2.4, 6.4.2, 6.11.5.2, 6.17, 7.5, 8.6, 9.5, 10.4.2, 13.8, 15.1, 15.2, 15.3, or 15.4, or other occurrences or events, shall be made by Written Notice delivered by the party making the Claim to the other party within thirty (30) calendar days after the start of the occurrence or event giving rise to the Claim and stating the general nature of the Claim. Notice of the amount of the Claim with supporting data shall be delivered within thirty (30) calendar days after Written Notice of Claim is delivered by claimant and shall represent that the adjustment claimed covers all known amounts to which claimant is entitled. 16.1.2 Within thirty(30)calendar days of receipt of notice of the amount of the Claim with supporting data, Owner's Representative and the CONTRACTOR shall meet to discuss the Claim, after which an offer of settlement or notification of no settlement offer will be made to claimant. If claimant is not satisfied with the proposal presented, claimant shall have thirty (30)calendar days in which to: .1 submit additional supporting data requested by the other party; .2 modify the initial Claim; or .3 request Alternative Dispute Resolution. 16.2 Alternative Dispute Resolution: 16.2.1 If a dispute exists concerning a Claim, the parties agree to use the following procedure prior to pursuing any other available remedies. The OWNER reserves the right to include E/A as a party. 16.2.2 Negotiating with Previously Uninvolved Personnel: Either party may make a written request for a meeting to be held between representatives of each party within fourteen (14) calendar days of the request or such later period that the parties may agree to. Each party shall endeavor to include, at a minimum, one (1) previously uninvolved senior level decision maker empowered to negotiate on behalf of their organization. The purpose of this and subsequent meetings will be good faith negotiations of the matters constituting the dispute. Negotiations shall be concluded within thirty(30) calendar days of the first meeting, unless mutually agreed otherwise. This step may 00700 04-2020 Page 41 General Conditions be waived by written agreement of both parties, in which event the parties may proceed directly to mediation as described below. 16.2.3 Mediation: 16.2.3.1 If the procedure described in paragraph 16.2.2 proves unsuccessful or is waived pursuant to its terms, the parties shall initiate the mediation process. The parties agree to select within thirty (30) calendar days one (1) mediator trained in mediation skills, to assist with resolution of the dispute. The OWNER and the CONTRACTOR agree to act in good faith in the selection of the mediator and to give consideration to qualified individuals nominated to act as mediator. Nothing in this agreement prevents the parties from relying on the skills of a person who also is trained in the subject matter of the dispute and/or a contract interpretation expert. 16.2.3.2 Mediation is a forum in which an impartial person, the mediator, facilitates communication between parties to promote reconciliation, settlement, or understanding among them. The parties hereby agree that mediation, at a minimum, shall provide for 1)conducting an on-site investigation, if appropriate, by the mediator for fact-gathering purposes, 2) a meeting of all parties for the exchange of points of view and 3) separate meetings between the mediator and each party to the dispute for the formulation of resolution alternatives. The parties agree to participate in mediation in good faith for up to thirty(30)calendar days from the date of the first mediation session, unless mutually agreed otherwise. Should the parties fail to reach a resolution of the dispute through mediation, then each party is released to pursue other remedies available to them. ARTICLE 17—RIGHT TO AUDIT 17.1 Right to Audit: Whenever the OWNER enters into any type of contractual arrangement with the CONTRACTOR, then the CONTRACTOR's "records" shall upon reasonable notice be open to inspection and subject to audit and/or reproduction during normal business working hours. The OWNER's representative, or an outside representative engaged by the OWNER, may perform such audits. The CONTRACTOR shall maintain all records relating to this Agreement for four (4) years from the date of final payment under this Agreement, or until pending litigation has been completely and fully resolved, whichever occurs later. 17.1.1 The OWNER shall have the exclusive right to examine the records of the CONTRACTOR. The term "records"as referred to herein shall include any and all information, materials and data of every kind and character, including without limitation records, books, papers, documents, contracts, schedules, commitments, arrangements, notes, daily diaries, reports, drawings, receipts, vouchers and memoranda, and any and all other agreements, sources of information and matters that may, in the OWNER's judgment, have any bearing on or pertain to any matters, rights, duties or obligations under or covered by any contract document. Such records shall include (hard copy, as well as computer-readable data if it can be made available), written policies and procedures, time sheets, payroll registers, cancelled checks, personnel file data, correspondence, general ledger entries, and any other record in the CONTRACTOR's possession which may have a bearing on matters of interest to the OWNER in connection with the CONTRACTOR's dealings with the OWNER (all of the foregoing are hereinafter referred to as "records"). In addition,the CONTRACTOR shall permit interviews of employees as well as agents, representatives, vendors, subcontractors and other third parties paid by the CONTRACTOR to the extent necessary to adequately permit evaluation and verification of the following: a) The CONTRACTOR's compliance with contract requirements; b) The CONTRACTOR's compliance with the OWNER'S business ethics policies; and c) If necessary, the extent of the Work performed by the CONTRACTOR at the time of contract termination. 17.1.2 The CONTRACTOR shall require all payees(examples of payees include subcontractors, insurance agents, material suppliers, etc.) to comply with the provisions of this Article 17 by securing the requirements hereof in a 00700 04-2020 Page 42 General Conditions written agreement between the CONTRACTOR and payee. Such requirements include a flow-down right of audit provision in contracts with payees that also apply to subcontractors and sub-subcontractors, material suppliers, etc. The CONTRACTOR shall cooperate fully and shall require Related Parties and all of the CONTRACTOR's subcontractors to cooperate fully in furnishing or in making available to the OWNER from time to time whenever requested, in an expeditious manner, any and all such information, materials, and data. 17.1.3 The OWNER's authorized representative or designee shall have reasonable access to the CONTRACTOR's facilities, shall be allowed to interview all current or former employees to discuss matters pertinent to the performance of this Agreement, and shall be provided adequate and appropriate work space in order to conduct audits in compliance with this Article 17. 17.1.4 If an audit inspection or examination in accordance with this Article 17 discloses overpricing or overcharges of any nature by the CONTRACTOR to the OWNER in excess of one-half of one percent (.5%) of the total contract billings, then the reasonable actual cost of the OWNER's audit shall be reimbursed to the OWNER by the CONTRACTOR. Any adjustments and/or payments,which must be made as a result of any such audit or inspection of the CONTRACTOR's invoices and/or records, shall be made within a reasonable amount of time (not to exceed 90 days)from presentation of the OWNER's findings to the CONTRACTOR. 17.1.5 The CONTRACTOR shall take reasonable actions to prevent any actions or conditions which could result in a conflict with the OWNER's best interests. These obligations shall apply to the activities of the CONTRACTOR's employees, agents, subcontractors, etc. in their dealings and relations with the OWNER's current and former employees and their relatives. For example,the CONTRACTOR's employees, agents or subcontractors should not make or provide to be made any employment, gifts, extravagant entertainment, payments, loans or other considerations to the OWNER's representatives, employees or their relatives. 17.1.6 It is also understood and agreed by the CONTRACTOR that any solicitation of gifts or any other item of value by anyone representing the OWNER is to be reported within two (2) business working days to the OWNER at the following telephone number: 512-218-5401. Failure to report any such solicitations or offers shall be deemed a material breach of contract entitling the OWNER to pursue damages resulting from the failure to comply with this provision. ARTICLE 18—MISCELLANEOUS 18.1 Venue: In the event of any suit at law or in equity involving the Contract, venue shall be in Williamson County, Texas and the laws of the state of Texas shall apply to Contract interpretation and enforcement. 18.2 Extent of Agreement: This Contract represents the entire and integrated agreement between the OWNER and the CONTRACTOR and supersedes all prior negotiations, representations or agreements, either written or oral. 18.3 Cumulative Remedies: The rights and remedies available to the parties are not to be construed in any way as a limitation of any rights and remedies available to any or all of them which are otherwise imposed or available by laws or regulations, by special warranty or guarantees or by other provisions of the Contract Documents, and the provisions of this paragraph will be as effective as if repeated specifically in the Contract Documents in connection with each particular duty, obligation, right and remedy to which they apply. 00700 04-2020 Page 43 General Conditions 18.4 Severability: If any word, phrase, clause, sentence or provision of the Contract, or the application of same to any person or set of circumstances is for any reason held to be unconstitutional, invalid or unenforceable,that finding shall only effect such word, phrase, clause, sentence or provision, and such finding shall not effect the remaining portions of this Contract; this being the intent of the parties in entering into the Contract; and all provisions of the Contract are declared to be severable for this purpose. 18.5 Independent Contractor The Contract shall not be construed as creating an employer/employee relationship,a partnership,or a joint venture. The CONTRACTOR's services shall be those of an independent contractor. The CONTRACTOR agrees and understands that the Contract does not grant any rights or privileges established for employees of the OWNER. 18.6 Prohibition of Gratuities The OWNER may, by Written Notice to the CONTRACTOR, terminate the Contract without liability if is determined by the OWNER that gratuities were offered or given by the CONTRACTOR or any agent or representative of the CONTRACTOR to any officer or employee of the OWNER with a view toward securing the Contract or securing favorable treatment with respect to the awarding or amending or the making of any determinations with respect to the performing of such Contract. In the event the Contract is terminated by the OWNER pursuant to this provision, the OWNER shall be entitled, in addition to any other rights and remedies, to recover or withhold the amount of the cost incurred by the CONTRACTOR in providing such gratuities. 18.7 Prohibition Against Personal Interest in Contracts No officer, employee, independent consultant, or elected official of the OWNER who is involved in the development, evaluation, or decision-making process of the performance of any solicitation shall have a financial interest, direct or indirect, in the Contract resulting from that solicitation. Any violation of this provision, with the knowledge, expressed or implied, of the CONTRACTOR shall render the Contract voidable by the OWNER. End of General Conditions 00700 04-2020 Page 44 General Conditions 00800 SUPPLEMENTAL GENERAL CONDITIONS City of Round Rock Contract Forms Supplemental General Conditions Section 00800 SUPPLEMENTAL GENERAL CONDITIONS TO AGREEMENT FOR CONSTRUCTION SERVICES The Supplemental General Conditions contained herein shall amend or supplement the General Conditions, Section 00700. ARTICLE 1 -DEFINITIONS 1.16 Engineer/Architect (E/A): Add the following: Name (Representative): CHRISTOPHER G.BUJNAK Firm: MSADESIGN Address: 316 WEST FOURTH ST. City, State, Zip: CINCINNATI,OH45202 Telephone: 855 241 5666..L 208 Facsimile: Email, cbujnak@me amh.com 1.27 Owner's Representative: Add the following: Name: GINACORDEIRO Title: PROJECT MANAGER Address. 212 COMMERCE BLVD. City, State, Zip: ROUND ROCK,TX.78664 Telephone: 5126082762 Facsimile: 5122185576 Email gmrdeim@roundmckla.as.9ov ARTICLE 6 -CONTRACTOR'S RESPONSIBILITIES 6.18 Liquidated Damages Add the following: 1. CONTRACTOR SHALL PAY LIQUIDATED DAMAGES IN THE AMOUNT OF FIVE THOUSAND DOLLARS AND NO/100 DOLLARS $500° PER DAY FOR EACH DAY BEYOND THE DATE ESTABLISHED THEREFOR THAT THE CONTRACTOR FAILS TO ACHIEVE SUBSTANTIAL COMPLETION, AND FOR WHICH OWNER IS UNABLE TO UTILIZE THE IMPROVEMENTS AND FACILITIES DUE TO THE FAILURE OF CONTRACTOR TO HAVE ACHIEVED SUBSTANTIAL COMPLETION IN ACCORDANCE WITH THE CONTRACT. END OF SUPPLEMENTAL GENERAL CONDITIONS Page 1 00800 10-2015 Supplemental General Conditions 00090669 00900 SPECIAL CONDITIONS SECTION 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 1 Special Conditions 00443643 02-03 WAGE RATES Wage Rates(Information From Chapter 2258,Texas Government Code Title 10) 2288.021.Duty of Government Entity to Pay Prevailing Wage Rates a. The State or any political subdivision of the State shall pay a worker employed by it or on behalf of it: (1) not less than the general prevailing rate of per diem wages for work of a similar character in the locality in which the work is performed;and (2) not less than the general prevailing rate of per diem wages for legal holiday and overtime work. b. Subsection(a)does not apply to maintenance work. C. A worker is employed on a public work for the purposes of this section if a Contractor or Subcontractor in the execution of a contract for the public work with the State,a political subdivision of the State or any officer or public body of the State or a political subdivision of the State,employs the worker. 2258.023. Prevailing Wage Rates to be Paid by Contractor and Subcontractor; Penalty a. The contractor who is awarded a contract by a public body,or a Subcontractor of the Contractor, shall pay not less than the rates determined under Section 2258.022 to a worker employed by it in the execution of the contract. b. A Contractor or Subcontractor who violates this section shall pay to the state or a political subdivision of the state on whose behalf the contract is made,$60 for each worker employed for each calendar day or part of the day that the worker is paid less than the wage rates stipulated in the contract.A public body awarding a contract shall specify this penalty in the contract. C. A contractor or subcontractor does not violate this section if a public body awarding a contract does not determine the prevailing wage rates, and specify the rates in the contract as provided by Section 2258.022. d. The public body shall use any money collected under this section to offset the costs incurred in the administration of this chapter. e. A municipality is entitled to collect a penalty under this section only if the municipality has a population of more than 10,000. 00900-4-2020 Page 2 Special Conditions 00443643 2258.051.Duty of Public Body to Hear Complaints and Withhold Payment A public body awarding a contract, and an agent or officer of the public body, shall: 1. take cognizance of complaints of all violations of this chapter committed in the execution of the contract; and 2. withhold money forfeited or required to be withheld under this Chapter from the payments to the Contractor under the contract, except that the public body may not withhold money from other than the final payment without determination by the public body that there is good cause to believe that the Contractor has violated this chapter. Applicable wage rates to be used in Williamson and/or Travis County may be obtained from the U.S. Department of Labor website at the following web addresses: Construction Types: Heavy (Sewer/Water Treating Plant and Sewer/Incidental to Highway) htt]2://www.wdol.gov/wdol/scafiles/davisbacon/TX33.dvb?v=O Construction Types: Heavy and Highway http://www.wdol.gov/wdol/scafiles/davisbacon/TX 16.dvb?v=0 Construction Type: Building http://www.wdol.gov/wdol/scafiles/davisbacon/TX76.dvb?v=l 02-04 LIMIT OF FINANCIAL RESOURCES The OWNER has a limited amount of financial resources committed to this Project; therefore, it shall be understood by all bidders that the OWNER may be required to change and/or delete any items which it may feel is necessary to accomplish all or part of the scope of work within its limit of financial resources. CONTRACTOR shall be entitled to no claim for damages or anticipated profits on any portion of work that may be omitted. At any time during the duration of this contract,the OWNER reserves the right to omit any work from this contract.Unit prices for all items previously approved in this contract shall be used to delete or add work per change order. 02-05 LIMITS OF WORK AND PAYMENT It shall be the obligation of the CONTRACTOR to complete all work included in this Contract, so authorized by the OWNER, as described in the contract documents and technical specifications.All items of work not specifically paid for in the bid proposal shall be included in the unit price bids. Any question arising as to the limits of work shall be left up to the interpretation of the E/A. 00900-4-2020 Page 3 Special Conditions 00443643 02-06 LAND FOR WORK OWNER provides, as indicated on Drawings, land upon which work is to be done, right-of-way for access to same and such other lands that are designated for the use of the CONTRACTOR.CONTRACTOR provides,at his expense and without liability of OWNER, any additional land and access thereto that may be required for his construction operations,temporary construction facilities, or for storage of materials. 02-07 DEVIATIONS OCCASIONED BY UTILITY STRUCTURES Whenever existing utilities, not indicated on the Drawings, present obstructions to grade and alignment of proposed improvements immediately notify engineer, who without delay, will determine if existing utilities are to be relocated, or grade and alignment of proposed improvements changed. Where necessary to move existing utilities and appurtenances as determined by the E/A, the E/A and CONTRACTOR will make relocation arrangements with the utility owner. The OWNER will not be liable for delay costs or damages due to relocations of utilities which hinder progress of the work. 02-08 CONSTRUCTION STAKING All construction staking required to complete the work associated with this contract shall be provided by the CONTRACTOR. The CONTRACTOR shall be responsible for determining the layout and extent of staking necessary to construct the improvements to the lines and grades shown in the Drawings and such staking shall be satisfactory to the E/A. The CONTRACTOR shall consult with the E/A and Owners Representative in the field for assistance as necessary. Sufficient staking materials and equipment shall be provided by the CONTRACTOR including but not limited to:paint, flagging,laths,hubs,blue tops,nails,hammers,measuring chains or tapes,transits and levels. The CONTRACTOR shall be responsible for setting and marking control and off-set points for measuring distances and angles,for shooting levels,and for any other items pertaining to construction staking. This item shall not be paid for separately and shall be considered subsidiary to other bid items. 00900-4-2020 Page 4 Special Conditions 00443643 SECTION 03-ACCESS AND TRAFFIC CONTROL Access shall be provided for the public and emergency vehicles at all possible times. When it becomes necessary to restrict access, the CONTRACTOR shall notify the OWNER and coordinate with the OWNER, all applicable agencies (i.e. Fire Department,E.M.S.,Public Works,etc.),residents,and affected parties.If emergency access is required during the work and such access is being hindered by the work,the CONTRACTOR will suspend the work if necessary, and otherwise endeavor to assist emergency personnel in accessing a location restricted by the work.Unless otherwise approved by the E/A, at the end of each day all lanes of traffic shall be opened to the public. The CONTRACTOR shall ensure compliance at all times with the accepted Traffic Control Plan for the project and shall be responsible for all maintenance, signing and safety precautions necessary for traffic control. These items shall be included in the bid item Traffic Control. 00900-4-2020 Page 5 Special Conditions 00443643 01000 TECHNICAL SPECIFICATIONS ITEM 1 GENERAL DESCRIPTION 1.01 SCOPE OF WORK The Work covered by these Specifications consists of furnishing all labor, equipment, appliances, materials and performing all operations in connection with the inspection and testing, complete in accordance with the Plans, and subject to the terms and conditions of the Contract Documents. 1.02 GOVERNING TECHNICAL SPECIFICATIONS STREET,WATER,SEWER AND DRAINAGE IMPROVEMENTS The Round Rock Standard Specification Criteria Manual is hereby referred to and included in this contract as fully and to the same extent as if copied at length herein, and shall be applied to this project unless modified elsewhere as discussed below. The aforementioned Criteria Manual is the"Standard Specifications"section of the City of Round Rock Design and Construction Standards. The Standard Specifications may be accessed from the City of Round Rock website (www.roundrocktexas.gov) at the following web address:www.roundrocktexas.gov/dacs. Any adjustments,alterations,or additional information regarding Governing Technical Specifications are contained in the Plans (Drawings), Details and Notes described in Section 02000 of the Project Manual or are included in Attachment A at the end of this Technical Specifications Section. ITEM 2 CONTROL OF WORK 2.01 CLEAN-UP 2.01.1 CONSTRUCTION SITE During construction, the CONTRACTOR shall keep the site free and clean from all rubbish and debris and shall clean-up the site promptly when notified to do so by the E/A. The CONTRACTOR shall,at its own expense,maintain the streets and roads free from dust, mud, excess earth or debris which constitutes a nuisance or danger to the public using the thoroughfare, or the occupants of adjacent properties. Care shall be taken to prevent spillage on streets and roads over which hauling is done, and any such spillage or debris deposited on streets, due to the CONTRACTOR's operations, shall be immediately removed. Page 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 01000-4-2020 Technical Specifications 00443645 ITEM 4 PROTECTION AND PRECAUTION 4.01 WORK IN FREEZING WEATHER Portions of the work may continue as directed by the E/A. 4.02 PROTECTION OF TREES,PLANTS AND SHRUBS The CONTRACTOR shall take necessary precautions to preserve all existing trees, plants and shrubs but where it is justifiable and necessary the CONTRACTOR may remove trees and plants for construction right-of-way but only with approval of the E/A. 4.03 TRAFFIC CONTROL MEASURES AND BARRICADES Traffic control measures and barricades shall be installed in accordance with the Texas Manual of Uniform Traffic Control Devices and in other locations deemed necessary by the E/A, for the protection life and property. Under no circumstances will any existing road be permitted to remain closed over a weekend.No separate pay will be made for this item. Costs for this item shall be subsidiary to other items of work. 4.04 PROPERTY LINES AND MONUMENTS The CONTRACTOR shall be responsible for the protection,reference and resetting of property comer monuments if disturbed. 4.05 DISPOSAL OF SURPLUS MATERIAL The CONTRACTOR shall at his own expense, make arrangement for the disposal of surplus material, such as rock,trees,brush and other unwanted backfill materials. 4.06 CONTRACTOR'S USE OF PREMISES The Contractor shall,at his own expense,provide additional space as necessary for his operations and storage of materials. ITEM 5 MATERIALS 5.01 TRADE NAMES Except as specified otherwise, wherever in the specifications an article or class of material is designated by a trade name or by the name or catalog number of any maker, patentee,manufacturer,or dealer,such designations shall be taken as intending to mean and specify the articles described or another equal thereto in quality, finish, and serviceability for the purpose intended, as may be determined and judged by the E/A in his sole discretion. 5.02 MATERIALS AND WORKMANSHIP No material which has been used by the CONTRACTOR for any temporary purpose whatever is to be incorporated in the permanent structure without the written consent of the E/A. Where materials or equipment are specified by a trade or brand name, it is not the intention of the OWNER to discriminate against an equal product of another Page 3 01000-4-2020 Technical Specifications 00443645 manufacturer, but rather to set a definite standard of quality for performance, and to establish an equal basis for the evaluation of bids. Where the words "equivalent", "proper"or"equal to"are used,they shall be understood to mean that the item referred to shall be "proper",the "equivalent" of, or"equal to" some other item, in the opinion or judgment of the E/A. Unless otherwise specified, all materials shall be the best of their respective kinds and shall be in all cases fully equal to approved samples. Notwithstanding that the words "or equal to"or other such expressions may be used in the specifications in connection with a material, manufactured article or process, the material, article or process specifically designated shall be used, unless a substitute is approved in writing by the E/A, and the E/A will have the right to require the use of such specifically designated material, article or process. Page 4 01000-4-2020 Technical Specifications 00443645