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Contract - John King Construction, LTD - 3/14/2024 �, 2024 ,052- CITY OF ROUND ROCK CONST/ORIGINAL General Services ROUND ROCK TEXAS Project Manual For: Project Name: Round Rock Sports Center Expansion February, 2024 Prepared By: Dustin Harrison Project Manager General Services Department City of Round Rock APPROVED BY CITY ATTORNEY TBAE Registration No 500167624 Round Rock Sports Center Expansion TABLE OF CONTENTS Section Description No. of Pates 00020 Notice to Bidders 1 00100 Instructions to Bidders 4 Exhibit A 1 00200 Bid Bond 2 00300 Proposal Form 4 00410 Statement of Bidder's Safety Experience 1 00500 Agreement 5 00600 Insurance& Construction Bond Forms Performance&Payment Bond Instructions 1 Insurance Instructions 1 00610 Performance Bond 2 00620 Payment Bond 2 00650 Certificate of Liability Insurance 1 00700 General Conditions 41 00800 Supplemental General Conditions 2 00900 Special Conditions 5 01000 Technical Specifications 02000 Plans,Details and Notes 8-2016 Table of Contents 00090665 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 Round Rock Sports Center Expansion as generally described herein.The project includes 37,500 SF of the existing Sports Center Bldg. located at 2400 Chisholm Trail Road,Round Rock,TX 78681. Estimated construction budget is$20,000,000. Proposals are required to be submitted through the City's procurement portal"Bonfire"at: https://roundrocktexas.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 Thursday,December 14,2023,at 3:OOpm. 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 No proposals may be withdrawn after the scheduled proposal deadline.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 b=ss://roundrocktexas.bonfirehub.com.The proposal packets will be available beginning Friday,November 3,2023,at 3:OOpm. A pre-proposal meeting will be held via Teams Join a Microsoft Teams Meeting by ID I Microsoft Teams Meeting ID: 259 306 911800 Passcode: XHBQmq on Tuesday,November 7,2023,at 10:00am.Attendance is encouraged but is not mandatory. The Architect/Engineer and the Owner's Rep will be in attendance to discuss the project. Proposals will be publicly opened and read aloud online Thursday,December 14,2023,at 3:OOpm via Teams Join a Microsoft Teams Meeting by ID I Microsoft Teams Meeting ID:212 003 579 741 Passcode:UvEgJg. 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 Statesman Williamson County Sun 1. 11/05/2023 1. 11/05/2023 2. 11/12/2023 2. 11/12/2023 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: htti2s•//www.ethics.state.tx.us/filinginfo/1295/and follow the login instructions on the website application to complete a Form 1295. ✓ If this is a business entity's first time logging on to the website application,the business entity must create a Username and Password and then follow the application's instructions to complete a Form 1295. ✓ The City does not have a Contract ID Number System.Please insert 000000 and the project name in this box.Do not put the resolution number of the initial agreement if this is a supplemental agreement-only put the project name. ✓ Even if a business entity has no interested parties,Form 1295 still must be completed using the website application and filed with the City Clerk.Please note that there are very few instances that a business will not have any interested parties. Visit the TEC's FAO vase 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 mspinksa,roundrocktexas. og_v as soon as it is completed.DO NOT send the form back to the Purchasing Department,Project Manager,or mail it with signed original agreements/contracts. ✓ The City Clerk only has 30 days from receipt to acknowledge the form in the TEC system.If you do not return it to the City Clerk promptly,and the 30 days has expired when she receives it,you WILL have to complete another one. • A new Form 1295 is required for each contract a business entity enters into with the City of Round Rock, including Supplementals,Amendments,and Change Orders. • A Form 1295 cannot be handwritten.It must be completed electronically through the TEC website application. If you have any questions regarding the process of filing Form 1295 with the City,please contact: Meagan Spinks,City Clerk Phone:(512)218-6644 E-mail:mspinksQroundrocktexas.gov If you have questions regarding the actual form or the online filing application,please visit the TEC's FAQ page: https://www.ethics.state.tx.us/resources/FAOs/FAO Forml295.php Revised 10/27/2021—A Spinks Page 1 of 1 00150 QUESTIONNAIRE GEA UP ND SEE' OW We Delivew- KING ' :�rA' 1: �1,.r iL �: .�, ,ti• Vii. f M �.l i Round Rock Sports Center Expansion Competitive Sealed Proposal Submitted To: Dustin Harrison,Project Manager City of Round Rock 221 E Main St, Round Rock,Texas 78664 Submitted By:JD King, President John King Construction, Ltd 559 S IH 35, Suite 210, Round Rock,Texas 78664 E-+ Cn W 0 46 30 80% i OSHA INCIDENTS YEARS IN BUSINESS STATES WORKED IN REPEAT CLIENTS s- 3 3 GEAR UP AND SEE HOW f -_ We neliv h_y ............ Round Rock Sports Center Expansion Request for Competitive Sealed Proposal Table of Contents Tab A Bid Bond Tab B Proposal Form Tab C I Questionnaire 1.Basic Information 2.Organization 3.Experience 3.1 1 Current Project List 3.2 1 Past Project List 3.5 1 Claims&Suits Explanation 3.6 1 Ten projects constructed inside Austin-Round Rock MSA 3.7 1 Bidders Safety Experience;OSHA 200/300 Logs 4.Financial Information 4.1 Financial Statement 4.7 Certificate of Insurance 5.Proposed Personnel 5.1 Personnel Resumes 5.2 Team Projects 6.Proposed Plan,Schedule,and Quality Control Program 6.8 1 Construction Schedule 7.Ability to Meet Project Schedule Questionnaire Signature/Acknowledgment Round Rock Sports Center Expansion Response to RFP 2023 Tab C I Questionnaire 11 Basic Information 1.1 Name of organization:John King Construction,Ltd.. 1.2 Address of principal office:559 S I1-135,Suite 210,Round Rock,TX 78664 1.3 Telephone number and facsimile number of principal office: Telephone number:512.836.5464 Facsimile number:512.833.1033 1.4 Form of business organization:Partnership 1.5 Year founded:1978 1.6 Individual named as primary contact:J.D.King,Head of Estimating&Pre-Construction 2 Organization 2.1 How many years has your organization been in business in construction in its current capacity?45 Years 2.2 How many years has your organization been in business under its present name?20 Years (Organization name changes made for tax structure purposes) 2.3 Under what other former names has your organization ever operated? John King,Inc 1983-2003 King Construction 1978-1983 2.4 If your organization is a corporation,answer the following.N/A 2.5 If your organization is a partnership,answer the following: (a)Date of Organization:May 30,2003 (b)Type of partnership:Limited (c)Name of General Partner(s):John King,LLC 2.6 If your organization is individually owned,answer the following:N/A 2.7 If the form of your organization is other than those listed above,answer the following:N/A 2.8 Is your organization authorized to do business in Texas?Yes Our expertise in fast tracking projects while a ' maintaining top quality, has made John Kin Construction a trusted and proven name in the commercial construction industry for 40+ years. Round Rock Sports Center Expansion I Response to RFP 2023 Tab C I Questionnaire 3.11 Current Project List Project Name, Procurement Scheduled Nature of Contract Percent for whom Location Method&Nature Size Complete Completion Owner Architect constructed Project of Services Amount Date Sonora Bank:, or gen Adams Architect, Sonora Bank Hutto Hutto,TX Tenant Finish Out Competitive Bid, $ 301,660 11,955 SF 87% Dec-23 Wyatt Henderson General Contract972.715.6450 830.446.6444 Jalisco's Mexican MODE Design Restaurant,Jaime Company,Ryan alisco's-Hutto Hutto,TX Tenant Finish Out Negotiated CMc $ 1,342,137 6,328 SF 83% Dec-23 Fernandez, Hansanuwat, 512.639.4596 512733.1150 Tri avid Daniel D.Filuk uikTri #4183 Geor etown,1X Ground-Up Competitive Bid, $ 7,243,749 5,312 SF 76% Jan24Qui P Corp,�' Architect,Daniel Filuk, Q P g P General Contractor Meyer,512.814.4324 602.234.1868 Negotiated,General Intrepid Development, Bishop Architects, Platform 183 X 29 Austin,TX Ground-Up Contractor $ 4,363,921 48,000 SF 50% (`far-24 Justin Day, Brian Bishop, 512.225.1400 512653.1467 Negotiated,General Stookey Mo's BBQ, DP3 Architects,Ltd., Smokey Mos Hutto Hutto,TX Tenant Finish Out Contractor 512.528.0090 668,701 2,687 SF 10% Apr-24 Craig Haley, Brian Thomas 512.528.0090 864.232.8200 Texas Humane Hero's, Connolly Architects, Texas Humane Com Hero's Leander,TX Ground-Up CMC 51Z260.3602 Bid, $ 5,645,237 17,950 SF 29% \tai-24 Jeff Struchtemeyer, Larry Connolly, 512260.3602 512.480.9611 Quik Trip Corp, Obert Daniel D.Filuk QuikTrip#4190 Austin,TX Ground-Up Competitive Bid, $ 6,198,869 4,993 SF 13% un-24 .81 R4.4326 Architect,Daniel Filuk, General Contractor Costello,512.81 602.234.1868 Competitive Bid, ° City of Round Rock, McKinney York RR Fire Station Round Rock,TX Ground-Up General Contractor $ 8,625,546 13,969 SF 56% Jul-24 Matthew Smith Architects, Patricia 512218.7016 Hunt 512476.0201 Hutto CO-OP Multi MA Partners,Bob Project Hutto,TX Ground-Up Negotiated,General Contractor Wunsch,512.848.5550 Muditple,See below Development 0.Hutto CO-OP-Shared GC's&Fee for Misc Negotiated, $ 2,461,878 NA 9% Nov-24 MA Partners,Bob NA 1-5 General Contractor Wunsch,512.848.5550 Negotiated, MA Partners,Bob Casa Bella Architects, 1.Hutto CO-OP Parking garage Ground-Up General Contractor $ 91067,989 149,833 SF 23% Jul-24 Wunsch,512.848.5550 James Beaman, 512.458.5700 MA Partners,Bob DesignTrait Architects. 2Jack AllensKitchen ound_CP Negotiated, $ 4,092,243 8,361 SF 0% Nov-24 Tray Toungate General Contractor Wunsch 512848.5550 512542.0073 Negotiated, MA Partners,Bob Hip Hop Design 3.Hutto CO-Op Bldg 12 Ground-Up 15,500,829 71,346 SF 0o% Nov-24 Studio,LLC.,James General Contractor $ Wunsch,512.848.5550 Cometet,740.525.2268 Negotiated, ° MA Partners,Bob HR Green 4.Hutto CO-Op Lot 7 Sitework Sitework General Contractor $ 1,319,147 1.22 Acre 0% ul-24 Wunsch 512.848.5550 Development Texas, LLC,5128726696 Southside Market& Hoover&Associates. Southside Market& Leander,TX Ground Up Negotiated,CMc $ 2,993,546 Design 0% Aug-24 BBQ,Tom Abney, Trey Ottmers, BBQ-Leander Phase 512281.6415 512.467.2626 Negotiated,General ATX Family Dental, Magic Architecture, ATX Dentist Austin,TX Renovation Contractor $ 1,951,623 4,680 SF 0% Sep-24 Victoria Gutwein, Scott Magic, 954.464.3732 512.994.5782 Estancia Brazilian Hip Hop Design Estancia Brazillian Leander,TX Ground-Up Negotiated,General $ 4,500,000 12,500 SF 0% an-25 Steakhouse,Chris Studio,LLC.,James Steakhouse Contractor Landgraff, Cometet,740.525.2268 325.745.0077 Competitive Bid, Spencer-Pierce Hill Country Renovation& Construction Hill Count Christian Bo Christian School Austin,TX Addition Manager as $ 6,052,194 30,000 SF 0% Aug-25 School Architecture,Spencer,512.388.0.0 677 Constructor Round Rock Sports Center Expansion j Response to RFP 2023 Tab C I Questionnaire 3.2 1 Past Project List Hutto City Hall (a) Hutto City Hall for MA Partners (b) Hutto,Texas (c) New Construction (d) Negotiated (e) General Contractor (� $6,483,475 (g) 37,000 SF (h) Original Budget: $6,483,475 Actual Cost: $6,614,798 Difference Explained: $131,323 in Owner/City Initiated Change Orders, 2%of Final Budget. (i) Start Date: 5.1.18 1 Completion Date: 2.27.19 Original Construction Duration: 213 Days 0) MA Partners,Robert Wunsch,512.547.7690 (k)Jackson Galloway,Bob Galloway,512.474.8085 (1) PM:JD King I Superintendent:John Karfit Whether your project delivery method is competitive bid or a negotiated agreement,I believe JKC is an excellent �r7 rT ITT selection and one of the best decisions you can make to assure a successful project" Bob Gallows AIA Jackson Galloway FGNI Architects gap Round Rock Sports Center Expansion Response to RFP 2023 3.2 1 Past Project List Tab C I Questionnaire Altamira Charter School (a)Altamira Charter School for Wayside Schools (b)Austin,Texas (c) New Construction As a growing organization with tight (d) Competitive Bid construction timelines largely build (e) Design Builder around school breaks and summer, (f) $12,500,000 having a construction parter that (g) 90,400 SF can deliver a building on time and in (h) Original Budget: $14,000,000 Actual Cost: $14,298,227 budget is crucial. John and his team has yet to let us down." Difference Explained: $Amount in Change Orders: $1,798,227 is CO's resulting from Owner initiated addition to the scope with the necessary Matthew Abbott,CEO infrastructure,site work,&procurement for 15,000SF of portables and Wayside Schools the corresponding Interior Finish Out. (i) Start Date:May 20171 Completion Date:July 2019 Original Construction Duration: 231 Days 0)Wayside Schools,Matthew Abbott, 512.773.0049 (k) Rabe + Partners,Dale Rabe (AIA),512.349.7173 (1)PM:Johnny Abney Superintendent:Ed Hill AIMA JENEMEN 'Mow-., 1 Altamira as a whole was 75,400 sf.The south end was a 2 story structural steel building of 30,750sf li and the north end was a pre-engineered metal T. building of 44,650sf.The exterior of the building PV was a combination of masonry,stucco and metal wall panels.There was an addition of 11—1500sf ! portables.The land was 20.5 acres with 10.5 being i used for construction due to it being in a critical water quality zone of onion creek.The site had 2 ' water quality and detention ponds.The job was value engineered down 1.5M and allowed for 1 ' $100,000 in FFE budget that was originally outside of original estimate.The job included a 3,000 sf � commercial grade kitchen and a 8,000sf regulation size basketball gym. 4 1 Round Rock Sports Center Expansion I Response to RFP 2023 Tab C I Questionnaire 3.2 1 Past Project List Kinningham Park (a) Kinningham Park,City of Round Rock (b) Round Rock,Texas (c) New Construction (d) Competitive Bid (e) General Contractor (� $2,326,885 (g) 4,000 SF (h) Original Budget: $2,306,116 1 Actual Cost: $2,326,886 Difference Explained: $41,607.58 in Owner Initiated Change Orders (i) Start Date: 10.14.21 1 Completion Date: 4.29.22 Original Construction Duration: 210 Days (j) City of Round Rock I Eric Dady- 512.688.0350 (k) MODE Design I Ryan Hansanuwat,512.733.1150 (1) PM:Wes Koenig I Superintendent:David Omen City Centre II (a) City Centre II,The Crow Group (b) Round Rock,Texas (c) New Construction (d) Negotiated (e) General Contractor (� $5,023,524 (g) 24,198 SF (h) Original Budget: $5,023,5241 Actual Cost: $4,952,330 t Difference Explained: $71,194 in Savings (i) Start Date: 2.4.21 1 Completion Date: 12.15.22 f Original Construction Duration: 240 Days (j)The Crow Group I Ingrid Crow,512.983.7446 (k) Ochono Architects I William Lawrence Hodge, 512.786.9298 ;07 (1) PM:Wes Koenig I Superintendent:Jordan Schwing ...What I appreciated the most was the honest communication and attention to a prosperous relationship with their customers. All of this resulted in a truly enjoyable working experience and a successful construction project we are proud off. I would highly recommend John King Construction to any organization." -Ingrid Crow,Managing Partner of The Crow Group Round Rock Sports Center Expansion I Response to RFP 2023 Tab C I Questionnaire 3.2 1 Past Project List Soccer Zone (a) Soccer Zone, for HD3 Investments (b) Live Oak,Texas (c)New Construction (d) Competitive Bid (e) General Contractor (f) $2,522,792 (g) 27,000 SF (i) Start Date:July 2015 1 Completion Date: September 2015 0)HD3 Investments I Darren Brown- 512.389.8434 (k)PT Custom Designs,LLC 0)PE:John King Superintendent:Mike Russell Located in Live Oak,Texas one of the fastest growing communities in the San Antonio Area,Soccer Zone is ` .� a 27,000 sq ft State of the Art,indoor air-conditioned soccer and entertainment facility. The facility contains both Indoor and outdoor (Regulation Size Soccer Fields as well as an Indoor Junior Field.All the fields are outfitted with the latest Ardficial Turf playing surfaces The facility also hosts an upstairs bar with both indoor and outdoor viewing decks,party rooms, two lighted regulation size sand volleyball courts,an on-site trainer and workout area • equipped with free weights,elliptical,and treadmills. -; I .�--:� •'m'a't � 1 , Lad Round Rock Sports Center Expansion I Response to RFP 2023 3.2 1 Past Project List 2018-2023 Tab C I Questionnaire Job Name Owner Architect Contract Completed Shake Shack-Cedar park Shake Shack Texas 'Zebra Projects,Inc $ 1,695,607.00 23-Nov Arrowpoint Retail Shell Bldgs. Rise Development Enviroplan Architects $ 3,514,139.00 23-Nov Great Oaks Crossing-Site Work Rise Development $ 371,465.50 23-Oct Pet Supplie Plus-Killeen MYA VENTURES INC HSB Architects+Engineers $ 849,590.00 23-Sep Bangers WIC&Addition Banger's Rainey Real Estate,L Hogan Architects+Developmei $ 320,972.00 23-Aug GT Stoneworks WWW Holdings,LLC. Mode Design Company $ 1,245,586.00 23 Jun Content Stack Contentstack Inc. AP+I Design,Inc. $ 392,515.00 23 Jun Jo's Coffee Manchaca MARCHBANKS CO Hip.Hop.Design Studio,LLC S 591,311.00 23-May Family Care Center RR FCC MSO,LLC Abel Designroup,Ltd. $ 782,699.00 23-May Pet Supplies Plus-Round Rock MYA VENTURES INC HSB Architects+Engineers $ 861,706.00 23-May Taco Bell Refresh Program Q2 23' Tacala Austin Corp Hoover&Associates S 1,013,940.00 23-May (8 Locations) Enviroplan Offices Enviroplan Enviroplan $ 1,067,780.00 23-Apr Texas Card House-Houston Texas Card House Hip Hop Design $ 1,293,350.00 23-Feb A Parallell Office Remodel A Parallell Architects A Parallell,LLC $ 1,033,244.00 Feb-23 Taco Bell William Cannon Remodel Tacala Austin Corp Hoover&Associates $ 129,118.00 Feb-23 Taco Bell IH35 Remodel Tacala Austin Corp Hoover&Associates $ 128,783.00 Feb-23 Take 5 Oil Change-Lumberton Take 5 Oil Altar Group $ 767,623.58 Feb-23 Smyers Retail TI CSW SMYERS lll,L.P Cuaso Design Studio $ 178,207.00 an-23 Taco Bell Kyle Tacala Austin Corp Hoover&Associates $ 1,402,038.00 Dec-22 Brewery-Rainey Street NDA Magic Architects $ 1,863,089.00 Dec-22 Lazarus Brewing Co#2 Lazarus Brewing Co Hoover&Associates $ 3,963,672.00 Dec-22 Hutto CoOpRetail Shell Bldg.3/4 NDA FGM Architects Inc. $ 2,412,624.00 Nov-22 Take 5 Oil Change -Georgetown Take 5 Oil Altar Group $ 722,081.00 Nov-22 Smokey Mo's Kyle Smokey Mo's BBQ DP3 $ 718,484.00 Nov-22 Smokey Mo's Round Rock Smokey Mo's BBQ DP3 $ 657,774.00 Oct-22 Take 5 Oil Change -Hutto Take 5 Oil ICON Architects,Inc $ 660,009Jul-22 Hutto CoOp Retail Shell Bldg.1B NDA FGM Architects Inc. $ 1,238,712 un-22 St.Johns Site Work St.John Orthodox Church FGM Architects Inc. $ 367,445 May-22 Kinningham Park City of Round Rock Mode Architects S 2,326,885 Apr-22 Taco Bell Liberty Hill Tacala Austin Corp Hoover&Associates S 1,237,266 Apr-22 Frontier Bank Round Rock Frontier Bank of Texas TGS Architects,Inc S 458,785 Feb-22 St.Andrews Presbyterian St.Andrews Presbyterian FGM Architects Inc. S 1,118,690 Dec-21 City Centre II,551 S IH 35,LLC 551 S IH 35,LLC Hodge Architects S 5,071,103 Dec-21 Office Evolution Round Rock Office Evolution Round Rock Ochona Development S 635,615 Dec-21 Taco Bell Refresh Program Tacala Austin Corporation Hoover&Associates S 500,000 Dec-21 Palm Valley RR Remodel Palm Valley Lutheran Church JKC Design Build $ 108,037 Sep-21 Taco Bell Temple Refresh Tacala Austin Corporation Hoover&Associates $ 102,887 Aug-21 Round Rock Sports Center Expansion i Response to RFP 2023 3.2 1 Past Project List 2018-2023 Tab C I Questionnaire Taco Bell Burnet Rd Refresh Tacala Austin Corporation Hoover&Associates $ 100,716 Aug-21 Taco Bell LacyLakeview Refresh Tacala Austin Corporation Hoover&Associates $ 97,957 Jul-21 Taco Bell Valley Mills Remodel Tacala Austin Corporation Hoover&Associates $ 109,612 Jul-21 Jo's Coffee 2nd Street Jo's LP JKC Design Build $ 84,777 Jun-21 Optical Prime Half Helen Foundation Chupik Design $ 123,300 Jun-21 Bastrop Salon Kristen Ewing Dick Clark+Associates $ 400,714 Jun-21 Starbucks Williams Drive Shell LIRC Georgetown,LP Richmond Group Architects $ 804,700 Jun-21 Starbucks Williams Drive TI Starbucks Coffee Company Rogue Architects $ 314,867 Jun-21 Taco Bell Leander Refresh Tacala Austin Corporation Hoover&Associates $ 92,313 Jun-21 Taco Bell Gatesville-Damage Tacala Austin Corporation Hoover&Associates $ 41,932 Jun-21 Hutto Telco Building MA Partners FMG Architects $ 78,706 May-21 The Grand Lady Event Venue Westbound,LLC Archadia Design $ 1,772,159 May-21 Starbucks ATM Relocation Williams Drive LIRC Georgetown,LP Richmond Group Architects $ 69,063 May-21 Pecan Street Earth Work Crow Group Conerstone Group $ 54,891 Apr-21 Taco Bell Mexia Tacala Austin Corporation Hoover&Associates $ 409,351 Mar-21 Palm Valley Lutheran Church-Fir Palm Valley Lutheran Church JKC Design Build $ 157,944 Feb-21 Jo's Coffee-Hancock Hancock Jo's,LLC JKC Design Build $ 155,562 Jan-21 Palm Valley Lutheran Church-Emi Palm Valley Lutheran Church JKC Design Build $ 130,000 Jan-21 BB Shine Carwash B&B Operations,LLC ADPG $ 2,066,765 Jan-21 Cloud Kitchen 5610 N.IH 35,LLC Urban Foundry Architecture $ 4,552,889 Nov-20 Austin Stone TI Austin Stone Community Church Mike Tibbetts $ 54,476 Sep-20 City Centre TI The Crow Group Hodge Architect $ 268,809 Sep-20 Southside Market&BBQ Hutto MA Partners Hoover&Associates $ 1,783,979 Sep-20 Lamar Food Store OFLP-2,ltd MAD Architecture $ 239,618 Sep-20 Quik Trip-Hwy 79 Quik Trip KDF Architects $ 2,790,458 Jul-20 Starbucks Braker/Burnet-Shell Vaquero Braker Burnet Partners Rouge Architects $ 497,796 Jun-20 Starbucks BrakerBumet-TI Starbucks Coffee Company Rouge Architects $ 1,045,141 Jun-20 Taco Bell Lake Creek Tacala Austin Corp. Hoover&Associates $ 681,272 Mar-20 Northwestern TI 730 Northwestern Properties,LLI Hip Hop Design Studio $ 73,758 Jan-20 Enboarder TI(Northwestern Tenani Enboarder Hip Hop Design Studio $ 31,338 Jan-20 Lazarus Phase III Lazarus Brewing Co Hoover&Associates $ 146,140 Jan-20 North Austin Buisness Center Turtle Rock Holdings Thoughtbarn Studios $ 598,817 Dec-19 Southside Market BBQ-Arbor Walk Southside Market&BBQ Hoover&Associates $ 884,626 Nov-19 Dos Salsas-Domain Dos Salsas Mexican Restaurant DFD Architechts $ 5,598,391 Nov-19 Taco Bell Temple Tacala Austin Corporation Hoover&Associates $ 980,568 Sep-19 Taco Bell Dripping Springs Tacala Austin Corporation Hoover&Associates $ 139,816 Sep-19 Taco Bell Conroe Tacala Austin Corporation Hoover&Associates 1 $ 473,702 Aug-19 Round Rock Sports Center Expansion I Response to RFP 2023 3.2 1 Past Project List 2018-2023 Tab C, Questionnaire Belterra Ground Water Remediation Endeavor Real Estate Group Big Red Dog Engineering $ 445,229 Aug-19 Northwestern Avenue Office Space 730 Northwestern Properties,LL Hip Hop Design Studio $ 2,108,149 Aug-19 Palm Valley Lutheran Church Palm Valley Lutheran Church Hoover&Associates $ 323,725 Jul-19 Vuka/Impact Hub Co-Working Vuka Studios Thoughtbarn Studios $ 1,800,000 May-19 Starbucks Parmer Starbucks Coffee Company CR Architecture&Design $ 30,654 May-19 Oseyo Restaurant Shell&TI 1628 ECC Holdings&Oseyo Restaurant,LLC Hip Hop Design Studio $ 1,181,584 May-19 Texas Card House-Houston Austin Card Room,LLC True Interiors $ 537,063 May-19 Hutto City Hall MA Partners Jackson Galloway FMG Architects $ 6,614,798 Mar-19 Alamo Ranch Retail&Starbucks Shell Vaquero Ventures Franz Architecture $ 3,614,396 Jan-19 McDonald's-Pleasanton McDonald's USA,LLC Castle Design Group $ 307,676 Jan-19 Lou's Bodega Bunk House Group Chioco Design,LLC $ 905,063 Dec-18 Taco Bell-Taylor Tacala Austin Corporation Hoover&Associates $ 784,955 Dec-18 McDonald's-Cypress Creek McDonald's USA,LLC Castle Design Group $ 375,899 Nov-18 San Mart C-Store&Fuel Station Cedar Park San Mart,LLC MRA Architects $ 2,637,172 Sep-18 Taco Bell-Lockhart Tacala Austin Corporation Hoover&Associates $ 437,057 Sep-18 McDonalds-Stone Oak McDonald's USA,LLC Castle Design Group $ 392,906 Sep-18 Starbuck's San Angelo-Shell Vaquero Ventures Franz Architecture $ 1,082,444 Jul-18 McDonalds-Riverside McDonald's USA,LLC Castle Design Group $ 245,795 Jul-18 Altamira Academy Wayside Schools Rabe+Architects $ 14,298,227 Jul-18 Starbucks Shertz Shell Vaquerp Ventures Franz Architecture $ 1,796,605 Jun-18 Starbucks Shertz TI Starbucks Coffee Company Rouge Architects $ 350,816 Jun-18 McDonald's-Lake Creek McDonald's USA,LLC Castle Design Group $ 247,733 Jun-18 McDonald's-Leander McDonald's USA,LLC Castle Design Group $ 357,147 Jun-18 Rudy's BBQ-North Lamar K&N Management Hoover&Associates $ 1,841,500 May-18 Taco Bell-Braker Tacala Austin Corp Hoover&Associates $ 380,800 May-18 McDonald's-Cedar Park McDonald's USA,LLC Castle Design Group $ 346,610 May-18 Starbucks-Cedar Park Starbucks Coffee Company Rouge Architects $ 766,230 Mar-18 Lazarus Brewing Co.-Phase II Lazarus Brewing Co Hoover&Associates $ 404,749 Mar-18 Taco Bell-Cedar Park Tacala Austin Corp Hoover&Associates $ 442,000 Mar-18 McDonald's-Parmer Lane McDonald's USA,LLC Castle Design Group $ 202,388 Mar-18 Texell Credit Union-Cedar Park Texell Credit Union IDG Group $ 355,000 Feb-18 City Centre The Crow Group Ochono Architects $ 3,536,359 Feb-18 ***On Average JKC Self-Performs 10%-20%Per Project Round Rock Sports Center Expansion Response to RFP 2023 Tab C I Questionnaire 3.3 List the categories of work that your organization normally performs with it's own forces: Earth Work,Demo,Concrete, Metal Stud Framing and Drywall,Carpentry On this project do you propose to do any work with your own forces? JKC has recently added a Drywall Division to our Construction operations. Our Drywall crew has over 30 years experience in Metal Stud Framing and Drywall.They worked on Round Rock Fire Stations #4&#8 and are currently working Round Rock Fire Station#1.This new division creates a higher level of quality control for our clients in both the preconstruction and construction phase of the projects they are on. 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 below is yes,please attach 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 it's officers or principals in their current or any past positions)?No 3.5.2 Are there any pending or outstanding judgments?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?No 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 Jae � F• err John King Construction has been a great partner from the beginning of the projects,the team demonstrated diligence and dedication to completing the work in a timely,professional manner,while staying within budget. Their knowledge,leadership,integrity,and a proven track record were also key to the success...I would highly recommend them for any future construction projects. Victor Wang Managing Principal Latitude Development Round Rock Sports Center Expansion I Response to RFP 2023 Tab C I Questionnaire 3.6 Relevant Experience - Austin/RR MSA L Hutto Retail Shell 1B,Hutto I June 2022 Kitchen Commissary,Austin October 2020 jA Arrowpoint Retail Shell Bldgs,Cedar Park I November 2023 Quik Trip,Round Rock I July 2020 JEms City Centre I,Round Rock February 2018 Fellowship Church,Leander I January 2017 - i.. The Grand Lady Event Venue May 2021 Enviroplan Offices,Austin April 2023 Solid Ground Storage,Bastrop I January 2015 Hutto Retail Shell 3/4,Hutto November 2022 Round Rock Sports Center Expansion I Response to RFP 2023 Tab C I Questionnaire 3.7 1 JKC Safety JKC's approach to safety management is based on the conviction that safety is everyone's responsibility.Further,a safe working environment holds these basic premises: • All incidents and injuries are preventable;no level of incident or injury is acceptable or tolerated. • Injury free operations are possible in construction;a prevailing mindset and conviction exists to do the right thing and what is necessary to achieve that state. • Elevate safety awareness daily;it is a journey of continuous improvement to advance safety and achieve a heightened state of awareness where workers choose to be responsible and accountable for their own safety and the safety of their co-workers. Enforcing our methodologies and maintaining a safe construction environment involves the entire project team.Everyone associated with your project must understand their responsibilities with regard to health and safety.As the construction manager,JKC will provide a safety specialist to perform safety observations at the project site,will hold site wide safety meetings,and will reinforce the paramount nature of safety on the job site.Our project team will work with each subcontractor to assist in maintaining a safe work site and encourage each subcontractor to bring forth any safety concerns.With the responsibilities defined,subcontractor and workers will be held accountable for their health and safety performance. Further,the construction site is on an active facility.Our safety specialist will be charged with ensuring plans are in place to protect the safety of your faculty and visitors as well as our construction personnel.Our Project Superintendent will be responsible for daily imple- mentation of these safety plans. JKC employs a third party safety consultant to enforce our safety program and conduct regular site inspections;this is how we ensure that Safety remains a top priority on all of our projects. **Safety Manual available upon request(190 pg) EMR & OSHA 300 Log In the past three years,JKC has not incurred any work related injuries or illness resulting in time away or work restrictions in any manner. JKC's Experience Rate Modifier is Currently 0.91 WORKERS COMPENSATION EXPERIENCE RATING NCL/ Risk Name:JOHN KING CONSTRUCTION INC Risk ID: 420989768 Rating Effective Date:1012212022 Production Date: 05/13;2022 State: TEXAS State VA I Exp Excess Expected Exp Prim Act Exc Losses Ballast Act Inc Losses Act Prim Losses Losses I Losses I I I Losses Tx .06 6,49 9,330 2,833 0 4, 51 334 334 (A)(B (C)Exp Excess (D)Expected (E)Exp Prim (F)Act Exc (G)Ballast (H)Act Inc (1)Act Prim Vlft Losses(D-E) Losses Losses Losses(H-q Losses Losses .O6 6,49 9,33 2,833 0 24,6251 1001 100 Primary Losses Stabilkdng Value Ratable Excess Totals (I) C*(1_A)+G (A) (F) (J) Actual '100 30,732 0 30.832 (E) C'(1-A)+G (A)`(C) (K) Expected 2,833 30,732 390 33,955 ARAP FLARAP SARAP MAARAP ad Factors 1 191 RATING REFLECTS A DECREASE OF 70%MEDICAL ONLY PRIMARY AND EXCESS LOSS DOLLARS WHERE ERA IS APPLIED. Round Rock Sports Center Expansion Response to RFP 2023 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: John King Construction,Ltd Address: 559 S IH 35, Suite 210,Round Rock, TX 78864 Phone: 512-836-5464 Completed by: Katie King Date: 12/14/2023 1. Does the company have a written construction Safety program? FZ Yes ❑No 2. Does the company conduct construction safety inspections? ❑✓Yes ❑No 3. Does the company have an active construction safety-training program? [Z]Yes ❑No 4. Has the company been fined by OSHA for any willful safety violations in the past ❑Yes ❑✓ No three years? 5. Does the company have a lost time injury rate of 7.8 for SIC 15,or 7.6 for SIC 16, ❑✓Yes ❑No or less over the past three years? Attach the company's OSHA 200/300 logs for the past three years. 6. Does the company or affected subcontractors have competent persons in the following Areas? A. Scaffolding ✓1 Yes ❑No ❑N/A B. Excavation ❑✓ Yes []No ❑N/A C. Cranes ❑✓ Yes []No ❑N/A D. Electrical 0 Yes ❑No ❑N/A E. Fall Protection ❑✓ Yes [:]No [:1 N/A F. Confined Spaces ❑✓ Yes ❑No ❑N/A I hereby certify that the above information is true and correct. Signature Title Vice President Page 1 00410 8-2014 Statement of Bidder's Safety Experience 00090654 Tab C I Questionnaire 4 1 Financial Information 4.2 Name and address of firm preparing attached financial statement and date thereof- CD hereofCD Bradshaw&Associates,P.C., 1500 W.University Ave., Suite 102,Georgetown,TX 78628 4.3 Is the attached financial statement for the identical organization named under Question 1.1 above?Yes 4.4 Will the organization whose financial statement is attached act as a guarantor of the proposed contract for construction?N/A 4.5 Provide name,address,contact person,and phone number for your bank reference. Horizon Bank(ATTN Bailey Rollo) 12007 Technology Blvd,Austin,TX 78727 512.836.4602 4.6 Surety and Agent:Provide the: (a) name of your bonding company;and (b) the name and address of your agent. Scott Chapman,USI Insurance Services,LLC,480 Wildwood Forest Drive, Ste. 760,Spring,TX 77380 832.702.8344 Stay But Brewery Austin Oseyo Korean Kitchen Austin Jack Allen's Hutto(In-Progress) S• l � I 1 y� r Round Rock Sports Center Expansion I Response to RFP 2023 Tab C I Questionnaire 5.11 Personnel J.D. King, President I Austin, TX Head of Estimating&Pre-Construction JD King is a hands-on leader for JKC,he is heavily involved in the preconstruction phase of all our projects and remains invested and available to the project team and client until the close outs have been delivered to the Owner.His knack for precision budgeting,scheduling and dedication to early project buy out has allowed JKC to grow while continuing to deliver the same quality and experience we have been known for over forty years. Johnny Abney Austin, TX Senior Project Manager Johnny serves as a Project Manager for JKC.Johnny has consistently demonstrated his ability to maintain the scope ` set forth by the architect,stay on the schedule provided by the owner,and deliver a quality end product that exceeds the expectations of all parties. Johnny's experience managing - competitive bid,negotiated,and design-build contracts for both renovation and new construction projects make him a --- ,�- - well rounded asset to the team. 1.Texas Humane heroes(In-Progress) 1 $5,646,766 2.Round Rock Fire Station#1 (In-Progress) 1 $8,538,757 3.Quik Trip Georgetown(In-Progress) 1 $6,853,436 4.Quik Trip Round Rock $2,790,458 5.Dos Salsas @ Domain $5,571,458 ` `' � •__ 6.Altamira Charter School 1 $14,298,227 Mike Russell I Bastrop, TX David Oman Manor, TX Senior Superintendent Superintendent Mike has worked as a Superintendent for Commercial David has worked as a Superintendent for Commercial General Contractors for over twenty years and has a wealth General Contractors for thirty years.His diverse and ample of experience coming up through the trades as a carpenter, experience combined with his client facing attitude make him iron and steel worker,welder,roofer and concrete foreman a vital asset to JKC and our projects. for the fifteen years before that.Mike has been successfully delivering projects of all sizes,scopes,and delivery meth- highlighted Projects ods for JKC since 2014.He consistently demonstrates his 1.Round Rock Fire Station#1 (In-Progress) 1 $8,538,757 expertise and experience with successful projects and strong 2.A parallel Remodel-$1,016,00 leadership for our field team. 3.Kinningham Park-$2,326,885 4.Langford elementary Austin independent school district- Hiuhlie� hted Projects $5 million 1.Texas Humane Heroes(In-Progress) I Ground Up Animal 5.Gillette elementary School new library addition and Shelter and Clinic 1 $5,646,766 building renovation of new mechanical electrical and 2.Hutto Retail Shell Building 3/4 1 $2,550,094.51 plumbing-$4 million 3.Hutto CO-OP Retail Shell Building 1B 1 $1,256,627 6.Wesco office building ground up-$3.8 million 4.Southside Market&BBQ Hutto I Ground Up Restaurant 7.Waterloo swim center ground a project with a Olympic size $1,783,979 swimming pool-$4 million 5.Grand Lady Event Venue 1 $1,772,159 8.Orthopedic surgery center-$4 million 6.Northwestern Office Buildings I Two Ground Up 2-Story 9.Manor commons ground up retail center-$4 million Office Buildings 1 $2,108,149 10.Tejas plaza ground up-$5 million 7.Alamo Ranch Retail Strip and Starbucks Shell 1 $3,614,396 11.Arlington storage Pflugerville Texas-$4.3 million 8.Shertz Retail Shell,Starbucks Shell,Starbucks TI 1 $2,147,421 12.Over Twelve Clean Room Facilities through the years Round Rock Sports Center Expansion I Response to RFP 2023 Tab C I Questionnaire 5.2 1 Project Team Experience Chief Estimator& Preconstruction Lead Project Manager •. ' Project Coordinator Mike RusseU David Omen • Senior Superintendent superintendent 100Y Assigned to Projec[ -Moblllaatlon&Si[ework lead- -guilding Lea The team we have selected for the Round Rock Sports Center Expansion brings over 100 years of construc- tion experience to this project.They have completed many successful projects together and are well posi- tioned to deliver the scope and program this project will require. Our staffing plan would have Mike Russell serve as the lead Superintendent through Mobilization and the Site-work phase while David Omen is finishing Round Rock Fire Station#1.At the Fire Station completion, Mike would hand-off the project to David who would then see the project through completion as the full time lead Superintendent.Mike will remain involved with the project as the Senior level field support and oversight. Team Experience Johnny&Mike Texas Humane Heroes On-Progress) I Ground Up Animal Shelter and Clinic $5,646,766 Contact-Jeff Struchtemeyer,Owner 1 512.260.3602 Johnny&David Round Rock Fire Station#1 On-Progress) 1 $8,538,757 Contact-Matthew Smith,CORR PM 512.218.7016 Round Rock Fire Station#1 (1n-Progress) I Round Rock,TX Texas Humane Heroes(n-Progress) Leander,TX Round Rock Sports Center Expansion I Response to RFP 2023 Tab C I Questionnaire 6 Proposed Plan, Schedule & Quality Control Program 6.1 Describe your proposal work plan for this project: For this project to be successful,the estimating and preconstruction phase will be critical: JD King.President/Lead Estimator: Our estimating goals: 1. Prepare a budget that can actually be built for the cost and time we provide. 2. As noted before,our goal is to put together a team that can perform.We bid the job to build it,not to be awarded and change order the owner as discrepancies come up.The only way we know how to do this is by putting our best team together, led by a strong management team and provided a budget that allows everyone to be successful. 3. We have reached out to each one of our critical subs to discuss the scope and timelines of the project. Every successful project starts with meticulously"buying out"the project in the procurement stage.The Pre- construction phase allows us to on-board our Subcontractors and Vendors to ensure that all team members have a complete understanding of the scope of work and time line.One of the most important benefits of the Pre-construction phase is connecting our team with the Owner/Designer/Properly Management team and those that will be utilizing the facility.This phase also allows for the"work plan"to be developed in a collaborative way. JKC will be laser focused on Safety&Business Disruption given the location of this project.Additional controls and site management will be utilized to this end to mitigate dust control,business disruption and most importantly, Safety for those outside of the job site. 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. In addition to the explanation given in 6.1,we utilize the most sophisticated Project Management(Procore)and Estimating(Timberline/Sage)software in the world.These tools equip us to insure'Clear Direction'while combining a checks and balance system of timely critical communication.Including and most importantly the Submittal approval schedule.A trustworthy quote;"You can't Build It unless you can Buy It". 6.3 Describe your ability to complete the project within the schedule taking into account existing commitments. JKC is very conservative on project work load.We choose to bid projects that align with our capacity and allow us to successfully deliver every project we commit to. 6.4 Describe your ability to identify and resolve potential issues,delays,etc. We at JKC pride ourselves on the"Plan B".We have over Forty years of experience working collaboratively with Ownership,Design,and Subcontractor teams to identify and solve issues to avoid delays and deliver a seamless experience. 6.5 Describe your back up/contingency plan for any unanticipated delays. Referring back to 6.1,the Pre-construction Phase is our contingency plan as most unanticipated delays are identified during the exercises in this phase.Our job is to make the"Unknown,Known".Also see 6.4 regarding"Plan B". Additionally,we have a dedicated following of Subcontractors and Vendors that believe as we do and thrive on the ability to get things done and solve problems. Round Rock Sports Center Expansion I Response to RFP 2023 Tab C I Questionnaire 6.6 Describe your quality control program: The City of Round Rock has right to expect the highest quality in every aspect of the Round Rock Sports Center Expansion JKC is committed to the quality of every project through shared management and belief that quality is a value,not compromised by cost or schedule. For JKC quality work holds the follonring premises: • Conformance to all contractual requirements,specifications,applicable standards and JKC's quality control process. • Compile accurate records of inspections,tests,certifications and other required documentation. • Notify City of Round Rock of quality discrepancies for immediate corrective action. Assure corrective action is implemented timely and properly. • Defect free operations are possible in construction;a prevailing mindset and conviction exists to do the right thing and what is necessary to achieve that state. • Evaluate quality awareness daily;a journey of continuous improvement to advance quality and achieve a heightened state of awareness. • Fortunately,JKC's Building Science Applications have evolved and improved over the years.Unfortunately,there are no perfect set of plans or in some cases the Design community is not caught up to some of the Science that JKC is most concerned about.To this end JKC has retained experts in the following areas: -Building commissioning,particularly HVAC -ADA,pre-inspections before wall coverings -Water Proofing/Flashings JK0 quality control process involves the following steps. • Ensuring the construction team fully understands contract requirements. • Inspection of first delivery of material and equipment. • Inspect first equipment in place. • In-wall and above ceiling acceptance. • Activation,start-up and acceptance of all systems. • Providing the construction team with quality control support. • First inspection and acceptance,and punch list. • Contract close-out. Providing our construction team with specialized quality control support is a strength of the JKC process. We support our team with Texas registered professional engineers for critical facility elements such as structural and mechanical systems. As an example,for the Bastrop Southside Market and Barbeque we brought onto the project a MEP consultant,KWR Engineering Services,with whom we have successfully worked with on other projects. Our consultant recommended corrective actions for the HVAC system that increased the systems energy efficiency,achieved the required humidity control,and enabled the system to be balance. JKC will provide this same level of quality control for the Fire Station 1. 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. JKC will leverage two means of measuring the quality of the Subcontractors on this project.Our team will send out daily progress reports to the design team.This report includes on-site images,progress details,etc.This report has proved to be a great way to keep everyone in the loop and make sure nothing is missed..Our team will also schedule routine on-site progress meetings with the Design Team,General Contractor,and Owner.If any of these measures find the quality of our Subcontractors lacking or not up to par,JKC will act immediately to repair or bring the quality up to agreed standards. Round Rock Sports Center Expansion I Response to RFP 2023 Round Rock Sport Center Expansion-Preliminary Schedule 12/14/23 D Task Task Name ratio^ Stan ah Hs111.3074 Na11114 IN 1117025 He1f f202S Mode_ iL_r�MJs_�t L I-LA-1. .Lo.J�_l._rz_�-L_F��1.1A m-Li-IJ 1 2 � 3 . SUBMIT PRICING 1day Thu 12/14/2-Thu 12/14/23 4 v, CONTRACT EXECUTED/NOTICE OF AWARD 51 days Fri 12/15/23 Fri 2/23/14 S , SUBCONTRACTOR 22 days Mon Tue 3/26/24 ._._ BUYOUT/PRECONSTRUCNON 2/26/24 6 SUBMITTAL PROCESSING SO days Mon 3/11/24Fri 5/17/24 7 s STAKE PROPERTY PINS 1day Mon3/18/24M^n3/18/24 1hyy e v EROSION CONTROL 3 days Tue 3/19/24 Thu 3/21/24 9 TEMP FENCING 3days Fri 3/22/24 Tue 3/26/24 10 as SCHEDULE CITY REQUIRED PRECONS 6 days Fri 3/22/24 Fri 3/29/24 11 ay OFFICIAL START DATE 1 day Mon 4/1/24 Mon 4/1/24 12 7/ 13 4 DEMO/REMOVE UTILITIES 8days Mon 4/1/24 Wed 4/10/24 14 R DEMO ASPHALT/CLEAR AND GRUB 6days Thu 4/11/24 Thu 4/18/24 15 4 CUT SITE TO SUBGRADE 8 days Fri 4/19/24 Tue 4/30/24 16 , TEMP FIRE LANE/PUBUC ACCESS DRIVE 3 days Wed 5/1/24 Fri 5/3/24 17 EXCAVATE BUILDING PADS 6 days Wed 5/1/24 Wed 5/8/24 18 . IMPORT AT BUILDING PAD 5days Thu 5/9/24 Wed 5/15/24 19 , PIN BUILDING CORNERS 1 day Thu 5/16/24 Thu 5/16/24 20 , SITE UTILITIES 14 days Fri 5/17/24 Wed 6/5/24 21 , IRRIGATION SLEEVES 4days Thu6/6/24 Tue 6/11/24 22 ., POWER AT LIGHT POLES 6days Thu 6/15/24 Thu 6/13/24 23 ., IST BASE LIFT FOR PARKING 6 days Wed 6/19/24 Wed 6/26/24 24 w DEEP BDUTN PARION6 52 days Fri 5/17/24 Mon 7/29/24 25 , SITE UTILITIES 2 days Fri 5/17/24 Mon 5/20/24 26 , DRAINAGE FACILITY 5days Tue 5/21/24 Man 5/27/24 27 , POWER AT UGHT POLES 4 days Tue 5/28/24 Fri 5/31/24 281ST BASE LIFT FOR PARKING 3 days Fri 6/14/24 Tue 6/18/24 29 , DUMPSTER PADS 6days Thu 7/4/24 Thu 7/11/24 30 , PREP/POURCURBS 4days Fri 7/12/24 Wed 7/17/24 31 . DRILL/POUR LIGHT POLES 2days Thu 7/18/24 Fri 7/19/24 32 v IND BASE LIFT FOR PARKING 3 days Mon 7/22/24 Wed 7/24/4 33 . LAY ASPHALT 2 days Thu 7/25/24 Fri 7/26/24 h 34 STRIPING 1day Mon 7/29/24 Mon 7/29/24 r 35 PREP/POUR CURBS 6days Fri 1/31/25 Fri 2/7/25 36 v PRE/POUR SIDEWALKS 8days Mon 2/10/2SWed 2/19/25 37 . DRILL/POUR LIGHT POLES 4days Mon 2/10/25Thu 2/13/25 38 . 2ND BASE LIFT FOR PARKING 4 days Fri 2/14/25 Wed 2/19/25 39 , 15T LIFT ASPHALT 2days Thu 2/20/25 Fri 2/21/25 F40 IRRIGATION 10 days Mon 6/16/2SFri 6/27/25 41 ., LANDSCAPING 10 days Mon 6/30/25Fri 7/11/25 42 FINAL ASPHALT LIFT 3days Mon 7/14/25Wed 7/16/25 43 4 STRIPING 2day, Thu 7/17/25 Fri 7/28/25 L 4dAl r ` 45 R PIERS 20 days Thu 6/6/24 Wed 7/3/24 46 4 CASTING BEDS 10 days Wed 6/19/24Tue 7/2/24 47 4 PREP/POUR TILT WALL PANELS 18 days Wed 7/3/24 Fri 7/26/24 40 ay TILT WALL PANEL CURE 7days Mon 7/29/24Tue 8/6/24 49 ., MUDERECT STILTLAB WALL PANELS 3 days Wed 8/7/24 Fri n 8/24 Ft 50 , MUD SLAB 6days Mon e/12/24M^n 8/19/24 51 , ELEVATED BEAMS 20 days Tue 8/20/24 Mon 9/16/24 S2 STRUCTURAL DECK 56 days Tue 9/17/24 Tue 12/3/24 53 CMU 18 days Wed 12/4/24Fri 12/27/24 54 STRUCTURAL STEEL 12 days Man 12/30/2T-1/14/25 55 MEZZANINE DECKS 6days Wed 1/15/25Wed 1/22/25 56STAIRS 8 days Thu 1/23/25 Mon 2/3/25 S7 MEZZANINE POUR 6 days Thu 1/23/25 Thu 1/30/25 58 S MEP ROUGH 75 days Fri 1/31/25 Thu 5/15/25 59 FRAMING 15 days Fri 1/31/25 Thu 2/20/25 60 . HM FRAMES 6 days Fri 1/31/25 Fri 2/7/25 61 ROOFDRAINS 8 days Fri 1/31/15 Tue 2/11/25 62 ROOF DECKING 5days Tue 2/4/25 Mon 2/10/25 63 , ROOFING 10 days Wed 2/12/25Tue 2/25/25 64 Q ELECTRICAL GEAR 15 days Fri 2/21/25 Thu 3/13/25 65 DENSGLASS 18 days Mon 2/24/25Wed 3/19/25 66 , SHEETROCK-WALL 18 days Wed 2/26/25Fri 3/21/25 67 . WATERPROOFING 12 days Thu 3/20/25 Fri 4/4/25 68 . SHEETROCK-CEILINGS 14 days Mon 3/24/2SThu 4/10/25 69 TILE 40 days Mon 3/24/2SFri S/16/25 70 . RIGID INSULATION 10 days Mon 4/7/25 Fri 4/18/25 71 DRYFALL PAINT 8 days Fri 4/11/25 Tue 4/22/25 72 . T/F/P 35 days Wed 4/23/25TM 6/10/25 73 v STONEVENEER 18 days Mon 4/21/25Wed 5/14/25 74 . EFS 8 days Thu 5/15/25 Mon 5/26/25 7S MEPTRIM 44 days Fri 5/16/25 Wed 7/16/25 76 . METAL PANELS-INTERIOR 10 days Wed 5/21/25Tue 6/3/25 77 , METAL PANELS-EXTERIOR 6 days Tue 5/27/25 Tue 6/3/25 78 GLAZING-EXTERIOR IS days Tue 5/27/25 Thu 6/19/25 79 PERMANENT POWER 3 days Wed 5/7/25 Fri 5/9/25 80 4 ELEVATOR 12 days Mon 5/19/25Tue 6/3/25 81 R PARAPET CAP 5 days Tue 5/27/25 Mon 6/2/25 82 4 DOWNSPOUTS 5days Tue 6/3/25 Mon 6/9/25 B3 POLISHED/SEALED CONCRETE 10 days Wed 6/11/25Tue 6/24/25 84 . RESTROOM ACCESSORIES 5 days Wed 6/11/25Tue 6/17/25 85 R STADIUM SEATS 6days Wed 6/25/25Wed 7/2/25 86 4 COILING DOORS 6days Wed 6/2S/25Wed 7/2/25 67 4 MILLWORK 5days Wed 6/25/25Tue 7/1/25 a8 R WOOD ATHLETIC FLOORING 12 days Wed 6/25/25Thu 7/10/25 Be aq DOORS 8 days Wed 7/2/25 Fri 7/11/25 90 atp GLASS GUARDRAILS 14 days Thu 7/3/25 Tue 7/22/25 91 4 GYM EQUIPMENT 6 days Fri 7/11/25 Fri 7/18/25 92 R GLAZING-INTERIOR 6days Fri7/11/25 Fri7/18/25 93 R FINALCLEAN 3days Mon 7/21/25Wed 7/23/25 94 aq 95 4 ELECTRICAL FINAL I day Thu 7/17/25 Thu 7/17/25 96 R HVAC FINAL 1 day Fri 7/18/25 Fri 7/18/25 97 4 PLUMBING FINAL 1day Mon7/21/2SMon7/21/25 98 R FIRE FINAL I day Tue 7/22/25 Tue 7/22/25 99 R BUILDING FINAL 3days Wed 7n3/25Fri 7/25/25 Tab C I Questionnaire 7 1 Ability to Meet Project Schedule 7.1 Do you foresee any problem meeting the project schedule?No,we do not.We are bidding this project with the intent to partner with a strong Subcontractor base that has a proven track record to be successful with projects of this size and scope. Please see 7.2 for additional details,but ultimately the delivery of this schedule will be a result of a successful preconstruction/ procurement phase of the project. 7.2 Does the stipulated time of 480 calendar days seem reasonable for this project?Yes,it does seem reasonable.We have assumed a April 1st,2024 start date on our schedule.We would request a notice to proceed to start preconstruction in February.The primary focus will be procurement of the structural systems.We also will use this time to start coordinating and understanding the Owner and operating functions of the existing facility to ensure minimal operational disruption when we begin mobilizing.We truly believe the working relationship with the operators of the existing facility is going to be a key factor to the success of the project. 7.3 Does the stipulated time effect cost of project and if so please explain?No,it does not. 7.4 Describe scheduling techniques,including any project management software you would employ on this project: We provide Critical Path Scheduling with Microsoft Project scheduling software.We manage the job through Procore Project Management Software.Additionally we provide an updated 3-Week look ahead schedule at weekly meetings. 7.5 Has your organization been assessed any liquidated damages or other damages for delay on any project during the last five years? No. 71 w ! tam 9::. L `.' 4-Story Class A Office Building (In-Progress) 6-Story Parking Garage(In-Progress) Casa Jalisco(In-Prog.•-< 44 I have found them(JKC)to be professional,dedicated and quality driven. They are true professionals in that they will drive the project to completion in accordance with the Owner's needs/desires. They keep the Owner informed and enthusiastically work to resolve the inevitable problems with minimal impact to quality,schedule or budget." B.K.Browning,PE 68142 Vice President KWR Engineering Services,LLC Round Rock Sports Center Expansion I Response to RFP 2023 Tab C I Questionnaire 7 1 Questionnaire Signature/ Acknowledgment By execution hereof the undersigned warrants and represents that the foregoing answers to this Questionnaire are true and correct. Signature of Proposer John King Printed Name of Proposer President Title John King Construction,Ltd. Name of Firm 559 S IH 35,Suite 210,Round Rock,TX 78664 Address of Firm 512.836.5464 Telephone Number of Firm 512.833.1033 Facsimile Round Rock Sports Center Expansion Response to RFP 2023 00200 BID BOND BID BOND THE STATE OF TEXAS § § KNOW ALL BY THESE PRESENTS: COUNTY OF WILLIAMSON § That John King Construction,Ltd. of the City of Round Rock County of Williamson State of Texas as Principal, and Merchants Bonding Company(Mutual)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 Amount Bid Dollars($ 5% ). 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 Round Rock Sports Center Expansion-includes 37,500 SF of the existing Sports Center Building located at 2400 Chisholm Trail Road, Round Rock, TX 78681 " for which Bids are to be opened at the office of Owner on the 14th day of December '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 14th day of the month of December 2023 . John King Construction, Ltd. Merchants Bonding Company(Mutual) Principal Surety Uhn �i Scott D. Chapman Printed Name Printed Name 0140 By: By: ' t e: Title: Attorney-in-Fact — Address: 559 S. IH 35, Ste. 210 Address: 6700 Westown Parkway . Round Rock, TX 78664 West Des Moines, IA-502-66 00200 4-2020 Page 1 Bid Bond 00443638 Resident Agent of S ty: Signature Scott D. Chapman-837728 Printed Name 480 Wildwood Forest Drive, Ste. 760 Street Address Spring TX 77380 City,State,Zip Page 2 00200 4-2020 Bid Bond 00443638 MERCHANT BONDING COMPANY., POWER OF ATTORNEY Know All Persons By These Presents,that MERCHANTS BONDING COMPANY(MUTUAL)and MERCHANTS NATIONAL BONDING,INC., both being corporations of the State of Iowa,d/b/a Merchants National Indemnity Company(in California only)(herein collectively called the `Companies")do hereby make,constitute and appoint,individually, Cheryl R Colson;Courtney Goulding;Elaine Lewis;Jennifer Upton;Kevin MCQualn;Malia E Mann;Misty Witt;Rita Nicholson;Rosalyn D Hassell; Sam Caringi;Scott D Chapman;Tristin Rosen their true and lawful Attomey(syin-Fact, to sign its name as surety(ies)and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. This Power-of-Attomey is granted and is signed and sealed by facsimile under and by authority of the following By-Laws adopted by the Board of Directors of Merchants Bonding Company (Mutual)on April 23, 2011 and amended August 14, 2015 and adopted by the Board of Directors of Merchants National Bonding,Inc.,on October 16,2015. "The President, Secretary, Treasurer, or any Assistant Treasurer or any Assistant Secretary or any Vice President shall have power and authority to appoint Attorneys-in-Fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings,recognizances,contracts of indemnity and other writings obligatory in the nature thereof." 'The signature of any authorized officer and the seal of the Company may be affixed by facsimile or electronic transmission to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company,and such signature and seal when so used shall have the same force and effect as though manually fixed" In connection with obligations In favor of the Florida Department of Transportation only,it is agreed that the power and aut hority hereby given to the Attomey-in-Fact includes any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts required by the State of Florida Department of Transportation. It is fully understood that consenting to the State of Florida Department of Transportation making payment of the final estimate to the Contractor and/or its assignee, shall not relieve this surety company of any of its obligations under its bond. In connection with obligations in favor of the Kentucky Department of Highways only,it Is agreed that the power and authority hereby given to the Attomey-in-Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner- Department of Highways of the Commonwealth of Kentucky at least thirty(30)days prior to the modification or revocation. In Witness Whereof,the Companies have caused this Instrument to be signed and sealed this 14th day of December 2022 .•...... ••. .• ••. MERCHANTS BONDING COMPANY(MUTUAL) �.�`pO ,, e •.O PO MERCHANTS NATIONAL BONDING,INC. �R R9.•O •�;O� 9�•9� d/b/a MERCHANTS NATIONAL INDEMNITY COMPANY Z;2 etc`: •y.2 �..c 2003 ;�4) y• 1933c: ByCe .fid. . •a : l '.�Jl .• ,:��• �l� ...js.•`�•� President STATE OF IOWA COUNTY OF DALLAS ss. On this 14th day of December 2022 before me appeared Larry Taylor, to me personally known, who being by me duly sworn did say that he is President of MERCHANTS BONDING COMPANY (MUTUAL)and MERCHANTS NATIONAL BONDING, INC.; and that the seals affixed to the foregoing instrument are the Corporate Seals of the Companies;and that the said instrument was signed and sealed in behalf of the Companies by authority of their respective Boards of Directors. Kim Lee �'. 'i• Commission Nunn E 7l}2737 J Uy Commission Expire; :.� Aprii 14,271+3 Notary Public (Expiration of notary's commission does not invalidate this instrument) I,William Warner,Jr.,Secretary of MERCHANTS BONDING COMPANY(MUTUAL)and MERCHANTS NATIONAL BONDING,INC.,do hereby certify that the above and foregoing is a true and correct copy of the POWER-OF-ATTORNEY executed by said Companies,which is sill in full force and effect and has not been amended or revoked. In Witness Whereof,I have hereunto set my hand and affixed the seal of the Companies on this 14th day of December 2023 �........... �.•.....• ,.•P•�t,ONq�'••o .••OX%kG CQitfo• '�..Sp'oR. . off. RP09 . y•; - :hh.•�O 4p•y� 0•v4 91.ti�• s' 2003 ;��i 1933 c• Secretary v• .9J. POA 0018 (10/22) """ •�•��•�• MERCHANT BONDING COMPANY.. MERCHANTS BONDING COMPANY (MUTUAL) • P.O. BOX 14498 , DES MOINES, IOWA 50306-3498 PHONE: (800) 678-8171 • FAX: (515) 243-3854 Have a complaint or need help? If you have a problem with a claim or your premium,call your insurance company or HMO first. If you can't work out the issue, the Texas Department of Insurance may be able to help. Even if you file a complaint with the Texas Department of Insurance,you should also file a complaint or appeal through your insurance company or HMO.If you don't,you may lose your right to appeal. To get information or file a complaint with your insurance company or HMO: Merchants Bonding Company(Mutual) Call:Compliance Officer at(800)671-8171 Toll-free:(800)671-8171 Email:regulatory@merchantsbonding.com Mail:P.O.Box 14498, Des Moines,Iowa 50306-3498 To get insurance information,you may also contact your agent: USi Insurance Services Call: (832)702-8350 Mail: 480 Wildwood Forest Drive,Ste.760,Spring,Texas 77380 The Texas Department of Insurance To get help with an insurance question or file a complaint with the state: Call with a question:1-800-252-3439 File a complaint:www.tdi.texas.gov Email:ConsumerProtection@tdi.texas.gov Mail: Consumer Protection MC: CO-CP, Texas Department of Insurance, PO Box 12030, Austin,TX 78711-2030 LTiene una queja o necesita ayuda? Si tiene un problema con una reclamaci6n o con su prima de seguro, (lame primero a su compania de seguros o HMO. Si no puede resolver el problema, es posible que el Departamento de Seguros de Texas (Texas Department of Insurance, por su nombre en ingles) pueda ayudar. Aun si usted presenta una queja ante el Departamento de Seguros de Texas, tambien debe presentar una queja a traves del proceso de quejas o de apelaciones de su compania de seguros o HMO.Si no to hace, podria perder su derecho para apelar. Para obtener informaci6n o para presentar una queja ante su compania de seguros o HMO: Merchants Bonding Company(Mutual) Llame a:Compliance Officer al(800)671-8171 Telefono gratuito: (800)678-8171 Correo electr6nico: regulatory@merchantsbonding.com Direcci6n postal: P.O. Box 14498,Des Moines, Iowa, 50306-3498 EI Departamento de Seguros de Texas Para obtener ayuda con una pregunta relacionada con los seguros o para presentar una queja ante el estado: Llame con sus preguntas al: 1-800-252-3439 Presente una queja en:www.tdi.texas.gov Correo electr6nico:ConsumerProtection@tdi.texas.gov Direcci6n postal:Consumer Protection MC:CO-CP Texas Department of Insurance, PO Box 12030,Austin,TX 78711-2030 SUP 0032 TX(7123) 00300 PROPOSAL FORM Request for Competitive Sealed Proposals for Construction Services PROPOSAL FORM PROJECT NAME: Round Rock Sports Center Expansion PROJECT LOCATION: 2400 Chisholm Trail Road,Round Rock,TX 78681. PROJECT OWNER: City of Round Rock,Texas DATE: 12/14/2023 PROPOSER: Firm Name: John King Construction, Ltd Principal Office Address: 559 S IH 35, Suite 210, Round Rock, TX 78664 Telephone Number: 512-836-5464 Facsimile Number:512-833-0133 Primary Contact Name: JD King Primary Contact Title: President ADDENDA ACKNOWLEDGMENT: The undersigned Proposer acknowledges receipt of the following addenda: Addendum No. 1 dated 11.6.2023 Date Received 11.6.2023 Addendum No.2 dated 11.15.2023 Date Received 11.15.2023 Addendum No. 3 dated 11.30.2023 Date Received 11.30.2023 Addendum No.4 dated 12.7.2023 Date Received 12.7.2023 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 ($875,000.00) Eight hundred seventy-five thousand dollars and no cents.)Reference Specification Section(0121 00) TOTAL PROPOSED CONTRACT SUM: $18,965,136.00 Eighteen Million Nine Hundred Sixty-Five Thousand One Hundred Thirty-Six Dollars PROPOSED ALTERNATE COSTS: Alternate No. l: Contractor to include as an alternate price to the Total Proposed Contract Amount the cost to ADD the following: TOTAL ALTERNATE No. 1 SUM: fourteen thousand one hundred sixty-nine dollars Dollars($ 14,169 ) Alternate No.2: Contractor to include as an alternate price to the Total Proposed Contract Amount the cost to ADD the following: TOTAL ALTERNATE No. 2 SUM: one hundred fifty-seven thousand four hundred fifty-five dollars Dollars($157,455 ) VOLUNTARY ALTERNATE SUM: (Attach description on separate sheet if needed) two hundred ninety thousand eight hundred ninety-three dollars Dollars($290,893 SCHEDULE OF UNIT PRICES A. Addition for pier depth per lineal foot more than the scheduled depth on the drawings: 1. Unit price No. 1-Addition for 18" diameter pier: $130 2. Unit price No.2-Addition for 24" diameter pier: $155 3. Unit price No.3-Addition for 30" diameter pier: $290 B. Deduction for pier depth per lineal footless than the scheduled depth on the drawings(must be 100% of the amount for addition): 1. Unit price No.4-Deduction for 18" diameter pier: $18 2. Unit price No.5-Deduction for 24" diameter pier: $28 3. Unit price No.6-Deduction for 30" diameter pier: $40 C. Addition for temporary steel pier casing depth per lineal foot more than the scheduled depth on the drawings:(Reference Specification Section 0122 00) 1. Unit price No.7-Addition for 18" diameter pier casing: $45 2. Unit price No. 8-Addition for 24" diameter pier casing: $53 3. Unit price No.9-Addition for 30" diameter pier casing: $62 D. Addition of Stormtrooper AQ Stormwater interceptor; stormwater treatment system(wet vault)used as a best management practice,specifically designed to intercept oils,grease,Total Suspended Solids, debris,and other pollutants commonly found in storm water runoff.TCEQ approved for use over Edwards Aquifer: 1. Unit price 10-SWAQ-BP-25 for 13'-0" length,7'-0"width,8'-0" height: $79,933.70 2. Unit price 11-SWAQ-BP-40 for 16'-0" length,8'-6"width,8'-0" height: $97,072.80 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 30 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. ignature of Pr oser JD King Printed Name of Proposer President Title Jahn King Construction, Ltd Name of Firm 559 S IH 35, Suite 210, Round Rock, TX 78664 Address of Firm 512.836.5464 Telephone Number of Firm 512.833.0133 Facsimile Number of Firm [Corporate Seal,if a corporation] ACKNOWLEDGMENT THE STATE OF TEXAS § COUNTY OF W i(I IOI,YYIS M § SUBSCRIBED AND SWORN TO BEFORE ME on this the day of the month of 2023, in the capacity and for the purposes indicated. Notary Public, State of Texas My Commission Expires: 1 a*7 `�tir',}lY Pve ANDREA LI HAN ` %' �o_Notary Public,State of Texas }� Comm.Expires 09-24-2027 Notary ID 130338311 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: John King Construction,Ltd Address: 559 S IH 35, Suite 210,Round Rock, TX 78864 Phone: 512-836-5464 Completed by: Katie King Date: 12/14/2023 1. Does the company have a written construction Safety program? DYes D No 2. Does the company conduct construction safety inspections? D✓Yes D No 3. Does the company have an active construction safety-training program? DYes D No 4. Has the company been fined by OSHA for any willful safety violations in the past ❑Yes ✓D 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, D✓Yes D 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 D Yes []No D N/A B. Excavation D Yes []No D N/A C. Cranes D✓ Yes DNo D N/A D. Electrical 0 Yes DNo D N/A E. Fall Protection D✓ Yes ❑No ❑N/A F. Confined Spaces D✓ Yes DNo D N/A I hereby certify that the above information is true and correct. Signature Title Vice President Page 1 00410 8-2014 Statement of Bidder's Safety Experience 00090654 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 AGREEMENT made as of the ' ( )day of in the year 2024. BETWEEN the Owner: City of Round Rock,Texas (hereafter"Owner"or"City") 221 East Main Street Round Rock,Texas 78664 and the Contractor: John King Construction,Ltd ("Contractor) 559 S IH 35,Suite ?10 Round Rock,Texas 78664 The Project is described as: Round Rock Sports Center Expansion 2400 Chisholm Trail Road Round Rock,Texas 78681 The Architect is: Marmon Mok 1020 NE Loop 410,Suite 201 San Antonio,Texas 78209 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 00479740/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. 3A Contractor shall achieve Substantial Completion of the entire Work no later than Four Hundred Eighty 4480)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 ($1,99%00 1 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 Five Hundred Ten (5 10) calendar days from issuance by Owner of Notice to Proceed. ARTICLE 4 CONTRACT SUM �br N,ntly 4.1 Owner shall pay Contractor the Contract Sum in current funds for Contractor's performance of the Contract. The Contract Sum shall be Eighteen Million 14d Hundred 5ixtU-Five Thousand Three Hundred Sixty_ Two and No/100 Dollars ($18_965,362.00), subject to additions and deductions as provided in the Contract Documents. 11 4.2 Does the Contract Sum include alternates which are described in the Bid Form? No . Yes X . If yes,please provide details below: $-374,836.00 Voluntary Deduct $14,169.00 Alternate No. 1 $290,893.00 Alternate No.2B ARTICLE 5 PAYMENTS 5.1 PROGRESS PAYMENTS Page 2 of 6 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 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(10th)day of a month,Owner shall make payment to Contractor not later than the tenth(10th)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 TERAHNATION 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. 7.1.3 The Supplementary, Special, and other Conditions of the Contract are those contained in the Project Manual dated February 2024. 7.1.4 The Specifications are those contained in the Project Manual dated February 2024. 7.1.5 The Drawings,if any,are those contained in the Project Manual dated February 2024. 7.1.6 The Insurance&Construction Bond Forms of the Contract are those contained in the Project Manual dated February 2024. 7.1.7 The Notice to Proposers, Instructions to Proposers, Proposal Form, and Addenda, if any, are those contained in the Project Manual dated February 2024. 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: Round Rock Sports Center Expansion CD Drawings and Specifications 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: Dustin Harrison General Services Department City of Round Rock 512-218-7709 83 Contractor's representative is: JD King,President John King Construction,Ltd. 512-836-5464 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. 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 Page 4 of 6 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 2271, 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 terms 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 two(2) original copies,of which one is to be delivered to Owner. OWNER CONTRACTOR CITY OF ROUND ROCK,TEXAS JOHN KING CONSTRUCTION,LTD. Printed Name:Craig Morgan Printed Name:JD King Title: Ma or Title: President Date Signed: 1Zt Date Signed: AT S Ci Clerk FOR CITY AP OVED AS TO FORM: City-Attorney Page 6 of 6 Cite of Round Rock, Texas Contract Preparation Supplemental Information to Standard Form of Agreement between Owner and Contractor Sports Center Sports Center Expansion John King Construction,Ltd Related to Article 4 Contract Sum A.TOTAL CONTRACT SUM(including Owner's Betterment): $18,895,362.00 B. Total Contract Sum Descriptions a. $18,965,136.00 Total Proposed Price b. ($73,336.00) Steel Fabrications c. ($101,500.00) Steel Erection d. ($200,000.00) Structural Concrete e. $14,169.00 Alternate No. 1 f. $290,893.00 Alternate No. 213 C. All changes to the project represented by a change order or a change directive incurring cost shall be limited to 15 percent(%)of Overhead and Profit generated by Subcontractors and 5 percent(%)Profit/Fee submitted by the General Contractor. Related to Article 8 Miscellaneous Provisions A. Contractors proposed Supervision and Superintendence for the project shall be as specified below and follow the terms and condition set forth in Article 6 of the 00700 General Conditions B. Senior Project Manager: J.D. King, President name/title Assumed work capacity dedicated to project 15%ercent(%) C. Project Manager: Johnny Abney, Senior Project Manager name/title Assumed work capacity dedicated to project 10percent(%) D. Superintendent: David Omen, Superintendent name/title Assumed work capacity dedicated to project 100 percent(%) Contractor: John King Construction Representative Signature: Printed Name: JD King Date Signed: 1.19.24 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. 100353013 PERFORMANCE BOND THE STATE OF TEXAS § § KNOW ALL BY THESE PRESENTS: COUNTY OF WILLIAMSON § That John King Construction, Ltd. , of the City of Round Rock , County of Williamson ,and State of Texas , as Principal,and Merchants Bonding Company(Mutual) 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 Eighteen Million Nine Hundred Sixty Five Thousand Three Hundred Sixty Two Dollars and 001100 Dollars ($18,965.362.00 ) 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 Pri al has entered into a certai written Agreement with the Owner dated the '1143 day of 20to 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: Round Rock Sports Center Expansion,2400 Chisholm Trail Road,Round Rock,TX 78681 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 42020 Performance Bond 00443639 Bond no. 100353013 PERFORMANCE BOND(continued) Surety, for value received, stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Agreement, or to the Work performed thereunder, or the Plans, Specifications, or drawings accompanying the same, shall in anywise affect its obligation on this bond,and it does hereby waive notice of any such change,extension of time,alteration or addition to the terms of the Agreement,or to the work to be performed thereunder. If Principal fails to faithfully perform said Agreement, Surety, after receipt of written notice of Principal's default,shall perform all of Principal's duties and obligations under the Agreement. If, within ten (10) days after receipt of such notice from Owner, Surety does not commence to complete the obligations of Principal with a contractor acceptable to Owner and diligently complete the performance of the Principal's duties and obligations,Owner shall have the right but not the obligation to have the duties and obligations of Principal performed. In such event,Surety shall pay to Owner,upon demand,all costs,expenses and damages sustained by Owner as a result of Principal's failure to perform its duties and obligations under the Agreement up to the sum of this Performance Bond, plus all costs and expenses, including attorney's fees and expert and consultant fees incurred by Owner to enforce its rights under this Performance Bond. IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this day of ,20_ John King Construction,Ltd. Merchants Bonding Company(Mutual) Principal Surety c ln�h Scott D.Chapman Printed Name Printed Name i By: 941A Title: a� 1,- Title: Attomey-in-Fact Address: 559 South IH 35,Ste,210 Address: 6700 Westown Parkway Round Rock,TX 78664 West Des Moines, IA 50266 R ident Agent of Surety: Signature Scott D. Chapman-837728 USI Insurance Services Printed Name 480 Wildwood Forest Drive,Ste.760 Street Address Spring,TX 77380 City, State&Zip Code Page 2 00610 4-2020 Performance Bond 00443639 Bond no. 100353013 PAYMENT BOND THE STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF WILLIAMSON § That John King Construction,Ltd. , of the City of Round Rock , County of Williamson , and State of Texas , as Principal, and Merchants Bonding_Company(Mutual) 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 Eighteen Million Nine Hundred Sixty Five Thousand Three Hundred Sixty Two Dollars and 001100 Dollars($ 18,965,362.00 )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 ent red into a certain written Agreement with the Owner,dated the 11'911" day of 14ki(— , 2 to which Agreement is hereby referred to and made a part hereof as fully and to the same exteht as if copied at length herein consisting of. Round Rock Sports Center Expansion,2400 Chisholm Trail Road,Round Rock,TX 78681 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 Bond no. 100353013 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 day of , 20 John King_Construction,Ltd. Merchants Bonding Company(Mutual) PrSurety incipal - y%!N, Scott D.Chapman Printed Name Prin Name _ n By. By: ` T e: k Titley-in-Fact Address: 559 South IH 35,Ste.210 Address: 6700 Westown Parkway Round Rock,TX 78664 West Des Moines,IA 50266 esident Anent Surety: ignature Scott D.Chapman-837728 USI Insurance Services Printed Name 480 Wildwood Forest Drive,Ste.760 Street Address Spring,TX 77380 City, State& Zip Code Page 2 00620 1-2020 Payment Bond 00090656 MERCHANT BONDING COMPANY-. POWER OF ATTORNEY Know All Persons By These Presents,that MERCHANTS BONDING COMPANY(MUTUAL)and MERCHANTS NATIONAL BONDING, INC., both being corporations of the State of Iowa,d/b/a Merchants National Indemnity Company(in California only)(herein collectively called the "Companies")do hereby make,constitute and appoint,individually, Averi M Stockton;Cheryl R Colson;Courtney Goulding;Elaine Lewis;Kevin McQuain;Malia E Mann;Rita Nicholson;Rosalyn D Hassell;Sam Caringi;Scott D Chapman;Tristin Rosen their true and lawful Attomey(s}in-Fact, to sign its name as surety(ies) and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. This Power-of-Attomey is granted and is signed and sealed by facsimile under and by authority of the following By-Laws adopted by the Board of Directors of Merchants Bonding Company (Mutual)on April 23, 2011 and amended August 14, 2015 and adopted by the Board of Directors of Merchants National Bonding,Inc.,on October 16,2015. "The President, Secretary, Treasurer, or any Assistant Treasurer or any Assistant Secretary or any Vice President shall have power and authority to appoint Attomeys-in-Fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings,recognizances,contracts of indemnity and other writings obligatory in the nature thereof." "The signature of any authorized officer and the seal of the Company may be affixed by facsimile or electronic transmission to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company,and such signature and seal when so used shall have the same force and effect as though manually fixed." In connection with obligations in favor of the Florida Department of Transportation only,it is agreed that the power and aut hority hereby given to the Attomey-in-Fact includes any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts required by the State of Florida Department of Transportation. It is fully understood that consenting to the State of Florida Department of Transportation making payment of the final estimate to the Contractor and/or its assignee, shall not relieve this surety company of any of its obligations under its bond. In connection with obligations in favor of the Kentucky Department of Highways only,it is agreed that the power and authority hereby given to the Attomey-in-Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner- Department of Highways of the Commonwealth of Kentucky at least thirty(30)days prior to the modification or revocation. In Witness Whereof,the Companies have caused this instrument to be signed and sealed this 30th day of January 2024 •.••" �"••.• ......... MERCHANTS BONDING COMPANY(MUTUAL) .•'�P�,�Nq� :•aQ�NC�..��iJJA•� MERCHANTS NATIONAL BONDING,INC. y :•�ELpol? O; o �IPOq •.9 d/b/a MERCHANTS NATIONAL INDEMNITY COMPANY COD 2003 :a: 1933 �'c: By STATE OF IOWA ••��'• {7 •�� .•l1'� President COUNTY OF DALLAS ss. On this 30th day of January 2024 before me appeared Larry Taylor, to me personally known, who being by me duly swom did say that he is President of MERCHANTS BONDING COMPANY (MUTUAL)and MERCHANTS NATIONAL BONDING, INC.; and that the seals affixed to the foregoing instrument are the Corporate Seals of the Companies;and that the said instrument was signed and sealed in behalf of the Companies by authority of their respective Boards of Directors. o1�r+�,,L7 KlmLee Canrr�iccnn l.=m 702737 " rM aa4 Eqm " 024 &"--', Notary Public (Expiration of notary's commission does not invalidate this instrument) I,William Warner,Jr.,Secretary of MERCHANTS BONDING COMPANY(MUTUAL)and MERCHANTS NATIONAL BONDING,INC.,do hereby certify that the above and foregoing is a true and correct copy of the POWER-OF-ATTORNEY executed by said Companies,which is still in full force and effect and has not been amended or revoked. In Witness Whereof, I have hereunto set my hand and affixed the_seal of the Companies on this day of 2 2�o�P0lp,4 Oo�oPPo9q�9y�. . :Qo -o- :^: e%I:— -o- v•. •z: :3• 2003 y 1933 c; secretary POA 0018 (1/24) """ ��•�� MERCHANT BONDING COMPANY~ MERCHANTS BONDING COMPANY (MUTUAL) • P.O. BOX 14498 , DES MOINES, IOWA 50306-3498 PHONE: (800) 678-8171 • FAX: (515) 243-3854 Have a complaint or need help? If you have a problem with a claim or your premium, call your insurance company or HMO first. If you can't work out the issue, the Texas Department of Insurance may be able to help. Even if you file a complaint with the Texas Department of Insurance, you should also file a complaint or appeal through your insurance company or HMO. If you don't, you may lose your right to appeal. To get information or file a complaint with your insurance company or HMO.- Merchants MO:Merchants Bonding Company (Mutual) Call:Compliance Officer at (800) 671-8171 Toll-free: (800) 671-8171 Email: regulatory@merchantsbonding.com Mail: P.O. Box 14498, Des Moines, Iowa 50306-3498 To get insurance information, you may also contact your agent: USi Insurance Services Call: (832) 702-8350 Mail: 480 Wildwood Forest Drive, Ste. 760, Spring, Texas 77380 The Texas Department of Insurance To get help with an insurance question or file a complaint with the state: Call with a question: 1-800-252-3439 File a complaint:www.tdi.texas.gov Email:ConsumerProtection@tdi.texas.gov Mail: Consumer Protection, MC: CO-CP, Texas Department of Insurance, PO Box 12030, Austin, TX 78711-2030 jiene una queja o necesita ayuda? Si tiene un problema con una reclamaci6n o con su prima de seguro, Ilame primero a su compania de seguros o HMO. Si no puede resolver el problema, es posible que el Departamento de Seguros de Texas (Texas Department of Insurance, por su nombre en ingl6s) pueda ayudar. Aun si usted presenta una queja ante el Departamento de Seguros de Texas, tambi6n debe presentar una queja a trav6s del proceso de quejas o de apelaciones de su compania de seguros o HMO. Si no to hace, podria perder su derecho para apelar. Para obtener informaci6n o para presentar una queja ante su compania de seguros o HMO: Merchants Bonding Company (Mutual) Llame a: Compliance Officer al (800) 671-8171 Tel&fono gratuito: (800) 678-8171 Correo electr6nico: regulatory@merchantsbonding.com Direcci6n postal: P.O. Box 14498, Des Moines, Iowa, 50306-3498 EI Departamento de Seguros de Texas Para obtener ayuda con una pregunta relacionada con los seguros o para presentar una queja ante el estado: Llame con sus preguntas al: 1-800-252-3439 Presente una queja en:www.tdi.texas.gov Correo electr6nico: ConsumerProtection@tdi.texas.gov Direcci6n postal:Consumer Protection, MC:CO-CP, Texas Department of Insurance, PO Box 12030, Austin, TX 78711-2030 SUP 0032 TX(7/23) ACO® DATE(MM/DD/YYYY) EVIDENCE OF COMMERCIAL PROPERTY INSURANCE 3/15/2024 THIS EVIDENCE OF COMMERCIAL PROPERTY INSURANCE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE ADDITIONAL INTEREST NAMED BELOW.THIS EVIDENCE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS EVIDENCE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE ADDITIONAL INTEREST. PRODUCER NAME, PHONE COMPANY NAME AND ADDRESS NAIC NO: CONTACT PERSON AND ADDRESS ;512-617-5832 20443 Brown&Brown of Austin Continental Casualty Company 8000 Centre Park Dr.,Suite 370 Austin,TX 78754 FAX C N,1:512-346-1736 A..RIESS: IF MULTIPLE COMPANIES,COMPLETE SEPARATE FORM FOR EACH CODE: SUB CODE: POLICY TYPE AGENCYCUSTO MER ID OPEN REPORING FORM BUILDERS RISK NAMED INSURED AND ADDRESS LOAN NUMBER POLICY NUMBER John King Construction Ltd 559 S IH 35,Ste.210 16043333442 Round Rock TX 78664 EFFECTIVE DATE EXPIRATION DATE CONTINUED UNTIL 10/22/2023 10/22/2024 V1 TERMINATED IF CHECKED ADDITIONAL NAMED INSURED(S) THIS REPLACES PRIOR EVIDENCE DATED: PROPERTY INFORMATION ACORD 101 may be attached if mores ace is required) ❑ BUILDING OR ❑ BUSINESS PERSONAL PROPERTY LOCATION/DESCRIPTION Construction projects where insured serves as general contractor or construction manager at risk. 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 EVIDENCE OF PROPERTY INSURANCE 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. COVERAGE INFORMATION PERILS INSURED I I BASIC I I BROAD X I SPECIAL COMMERCIAL PROPERTY COVERAGE AMOUNT OF INSURANCE: $7,000,000 DED:2,500 YES NO N/A ❑BUSINESS INCOME ❑RENTAL VALUE X If YES,LIMIT: Actual Loss Sustained;#of months: BLANKET COVERAGE X If YES,indicate value(s)reported on property identified above:$ TERRORISM COVERAGE X Attach Disclosure Notice/DEC IS THERE A TERRORISM-SPECIFIC EXCLUSION? X IS DOMESTIC TERRORISM EXCLUDED? X LIMITED FUNGUS COVERAGE X If YES,LIMIT: DED: FUNGUS EXCLUSION(If"YES",specify organization's form used) X REPLACEMENT COST X AGREED VALUE X COINSURANCE X If YES, % EQUIPMENT BREAKDOWN(If Applicable) X If YES,LIMIT: DED: ORDINANCE OR LAW -Coverage for loss to undamaged portion of bldg X If YES,LIMIT:7,000,000 DED:2 500 Demolition Costs X If YES,LIMIT:250,000 DED:2,500 Incr.Cost of Construction X If YES,LIMIT:250,000 DED:2,500 EARTH MOVEMENT(If Applicable) X If YES,LIMIT:1,000,000 DED:25,000 FLOOD(if Applicable) X If YES,LIMIT:1,000,000 DED:25,000 WIND/HAIL INCL ©YES ❑NO Subject to Different Provisions: X If YES,LIMIT: DED: 15iRIOR ORM INCL ❑X YES ❑NO Subject to Different Provisions: X If YES,LIMIT: DED: ON TO WAIVE SUBROGATION IN FAVOR OF MORTGAGEX TO LOSS CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. ADDITIONAL INTEREST CONTRACT OF SALE LENDER's LOSS PAYABLE LJ LOSS PAYEE LENDER SERVICING AGENT NAME AND ADDRESS MORTGAGEE NAME AND ADDRESS City of Round Rock 221 E.Main Street AUTHORIZED REPRESENTATIVE Round Rock,TX 78664 ©2003-2015 ACORD CORPORATION. All rights reserved. ACORD 28(2016/03) The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: _ LOC#: ACCOREP. ADDITIONAL REMARKS SCHEDULE Page 1 of 1 AGENCY NAMED INSURED Brown&Brown of Austin John King Construction Ltd 559 S IH 35,Ste.210 POLICY NUMBER Round Rock TX 78664 6043333442 CARRIER NAIC CODE Continental Casualty Company 20443 EFFECTIVE DATE: 10/22/2023 ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 28 FORM TITLE: EVIDENCE OF COMMERCIAL PROPERTY INSURANCE REMARKS: Limits: $7,00,000(ISO Construction Class 3-6);$2,5000,000(Joisted Masonry ISO 02);$3,000,000(Frame,ISO 01,Protection Class 1-7);$500,000(Frame,ISO 01,PC 8-10) Debris Removal$250,000;Jobsite Trailers$50,000;Temporary Structures$250,000(ACV) Exclusions: Wind/Hail for projects located in Tier One counties,on barrier islands,or within 1,000 feet of bay,ocean,gulf or seacoast. Moderate to high-risk flood or earthquake hazard areas-applies to flood and earthquake coverage only RE:Round Rock Sports Center Expansion ACORD 101 (2008/01) ©2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD A ® DATE(MMIDD/YYYY) CERTIFICATE OF LIABILITY INSURANCE 3/5/2024 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT _NAME: _Af_t_on Burns _ Brown & Brown Of Austin PHONE FAX 8000 Centre Park Dr., Suite 370 . 512-540-5307 IA/c,1512-346-1736 Austin TX 78754 ADDRESS: afton.bums@bbrown.com INSURERS AFFORDING COVERAGE NAIC N INSURER A:FCCI Insurance Company 10178 INSURED JOHNK-2 INSURER B:National Trust Ins Company 20141 John King Construction Ltd 559 S 1H 35. Ste 210 INSURER C:Evanston Insurance Company 35378 Round Rock TX 78664 INSURER D: INSURER E INSURER F COVERAGES CERTIFICATE NUMBER:228087563 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 ADID—LTYPE OF INSURANCE Man SUBR, POLICY EFF POLICY EXP LTR POLICY NUMBER MMIDD/YYYY MM/DYYYY LIMITS B X COMMERCIAL GENERAL LIABILITY CPPI00073516-02 10/22/2023 10/22/2024 EACHOCCURRENCE $1,000,000 -DAMAGE 1-0 RENTED CLAIMS-MADE 1K OCCUR PREMISES Ea occurrence) $1,000,000 MED EXP(Any one person) $10,000 PERSONAL&ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 POLICY[XI ECT JP i EILOC PRODUCTS-COMP/OP AGG $2,000,000 OTHER $ A AUTOMOBILE LIABILITY CA100073515-02 10/22/2023 10/22/2024 OMBINEDIN LE LIMIT $1,000,000 Ea accident X ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY _�AUTOS HIRED NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY _ i AUTOS ONLY Per accident $ A X UMBRELLA LIAS X OCCUR UMB100073517-02 10/22/2023 10/22/2024 EACH OCCURRENCE $5,000,000 EXCESS LIAR CLAIMS-MADE AGGREGATE $5,000,000 DED X RETENTION$Innnn Prod Comp Ops A $5,000.000 A WORKERS COMPENSATIOPER OT N AND EMPLOYERS'LIABILITY STATUTE ERH Y/N WC0100073518-02 10/22/2023 10/22/2024 X ANYPROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $1,000,000 OFFICER/MEMBER EXCLUDED? __1N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $1,000,000 If yyes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT 1 $1,000.000 C Pollution Liability CPLMOL119710 10/6/2023 10/6/2024 Each Occur/Aggregate 1.000.000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space Is required) The requested certificate has been issued in accordance with Texas Law.Some policies include blanket endorsements that provide status to the certificate holder ONLY when there is a written contract between the named insured and the certificate holder requiring the status. INTERLINE ENDORSEMENTS—Applicable to General Liability,Auto Liability, Umbrella Liability,Workers Compensation IL 060(07 13)Blanket Notification to Others of Cancellation 30-Day Notice of Cancellation, blanket,where required by written contract GENERAL LIABILITY See Attached... CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Round Rock 221 E. Main Street Round Rock TX 78664 AUTHORIZE REPRESENTATIVE JUA�t[w ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: JOHNK-2 LOC#: AC R® ADDITIONAL REMARKS SCHEDULE Page 1 _of 1 AGENCY NAMED INSURED Brown&Brown of Austin John King Construction Ltd 559 S IH 35, Ste 210 POLICY NUMBER Round Rock TX 78664 CARRIER NAIC CODE EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: CERTIFICATE OF LIABILITY INSURANCE CGL 088(01 15)First Choice Contractors Liability Endorsement Additional Insured Status,blanket,where required by written contract Waiver of Subrogation Provision, blanket,where required by written contract CGL 121 (04 13)Additional Insured—Owners,Lessees or Contractors—Automatic Status When Required in Contract or Agreement—Ongoing Operations and Products-Completed Operations(Texas Limited Sole Negligence) Additional Insured Status,blanket,where required by written contract Primary&Non-Contributory Status, blanket,where required by written contract CG 20 01 04 13 Primary and Noncontributory—Other Insurance Condition Primary&Non-Contributory Status.blanket,where required by written contract AUTO LIABILITY CAU 058 05-19 Auto First Choice Coverage Endorsement CAU 082 01-15 Automatic Insured Primary Non-Contributory Endorsement UMBRELLA LIABILITY UMB100073517-01 EACH OCCURRENCE: $5,000,000 AGGREGATE: $5.000,000 CU 00 01 04-13 Commercial Liability Umbrella Coverage Form Section II—Who is an Insured, Paragraph#3 Additional Insured Status.blanket,where required by written contract CU 22 82 06-04 Texas Waiver of Transfer of Rights of Recovery Against Others to Us Waiver of Subrogation Provision,blanket,where required by written contract UMB 179(07 09)Additional Insured Primary/Non Contributory Coverage Primary&Non-Contributory Status,blanket,where required by written contract WORKERS COMPENSATION WC 42 03 04 B 06-14 Texas Waiver of Our Rights to Recover from Others Endorsement Waiver of Subrogation Provision, blanket,where required by written contract RE. Round Rock Sports Center Expansion ACORD 101 (2008/01) ©2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD COMMERCIAL GENERAL LIABILITY CGL 088 (01 15) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. FIRST CHOICE CONTRACTORS LIABILITY ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM NOTE: The following are additions, replacements and amendments to the Commercial General Liability Coverage Form, and will apply unless excluded by separate endorsement(s) to the Commercial General Liability Coverage Form. The COMMERCIAL GENERAL LIABILITY COVERAGE FORM is amended as follows: SECTION I-COVERAGES, COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE is amended as follows: 1. Extended "Property Damage" Exclusion 2.a.. Expected or Intended Injury, is replaced with the following: a. "Bodily injury" or"property damage" expected or intended from the standpoint of the insured. This exclusion does not apply to "bodily injury" or"property damage" resulting from the use of reasonable force to protect persons or property. 2. Non-owned Watercraft Exclusion 2.g. (2) (a) is replaced with the following: (a) Less than 51 feet long, and 3. Property Damage Liability— Borrowed Equipment The following is added to Exclusion 2.j. (4): Paragraph (4) of this exclusion does not apply to "property damage" to borrowed equipment while at a jobsite and not being used to perform operations. The most we will pay for"property damage" to any one borrowed equipment item under this coverage is $25,000 per"occurrence". The insurance afforded under this provision is excess over any other valid and collectible property insurance (including deductible) available to the insured, whether primary, excess, contingent or on any other basis. 4. Limited Electronic Data Liability Exclusion 2.p. is replaced with the following: p. Electronic Data Damages arising out of the loss of, loss of use of, damage to, corruption of, inability to access, or inability to manipulate "electronic data" that does not result from physical injury to tangible property. The most we will pay under Coverage A for"property damage" because of all loss of"electronic data" arising out of any one "occurrence" is $10,000. We have no duty to investigate or defend claims or"suits" covered by this Limited Electronic Data Liability coverage. The following definition is added to SECTION V— DEFINITIONS of the Coverage Form: "Electronic data" means information, facts or programs stored as or on, created or used on, or transmitted to or from computer software (including systems and applications software), hard or floppy disks, CD- ROMS, tapes, drives, cells, data processing devices or any other media which are used with electronically controlled equipment. CGL 088 (01 15) Includes copyrighted material of the Insurance Services Office, Inc.. with its permission. Page 1 of 14 Copyright 2015 FCCI Insurance Group QUOTE COMMERCIAL GENERAL LIABILITY CGL 088 (01 15) For purposes of this Limited Electronic Data Liability coverage, the definition of"Property Damage" in SECTION V—DEFINITIONS of the Coverage Form is replaced by the following: 17. "Property damage" means: a. Physical injury to tangible property, including all resulting loss of use of that property. All such loss of use shall be deemed to occur at the time of the physical injury that caused it, b. Loss of use of tangible property that is not physically injured. All such loss of use shall be deemed to occur at the time of the "occurrence" that caused it; c. Loss of, loss of use of, damage to, corruption of, inability to access, or inability to properly manipulate "electronic data", resulting from physical injury to tangible property. All such loss of "electronic data" shall be deemed to occur at the time of the "occurrence" that caused it. For purposes of this insurance, "electronic data" is not tangible property. SECTION I —COVERAGES, COVERAGE B. PERSONAL AND ADVERTISING INJURY LIABILITY is amended as follows: Paragraph 2.e. Exclusions—the Contractual Liability Exclusion is deleted. SECTION I —COVERAGES, the following coverages are added: COVERAGE D. VOLUNTARY PROPERTY DAMAGE 1. Insuring Agreement We will pay, at your request. for"property damage" caused by an "occurrence", to property of others caused by you, or while in your possession, arising out of your business operations. The amount we will pay for damages is described in SECTION III LIMITS OF INSURANCE. 2. Exclusions This insurance does not apply to: "Property Damage"to: a. Property at premises owned, rented, leased or occupied by you; b. Property while in transit, c. Property owned by, rented to, leased to, loaned to, borrowed by, or used by you; d. Premises you sell, give away, or abandon, if the "property damage" arises out of any part of those premises; e. Property caused by or arising out of the "products-completed operations hazard", f. Motor vehicles, g. "Your product" arising out of it or any part of it; or h. "Your work" arising out of it or any part of it. 3. Deductible We will not pay for loss in any one 'occurrence" until the amount of loss exceeds $250. We will then pay the amount of loss in excess of$250 up to the applicable limit of insurance. 4. Cost Factor In the event of a covered loss, you shall, if requested by us, replace the damaged property or furnish the labor and materials necessary for repairs thereto at your actual cost. excluding profit or overhead charges. CGL 088(01 15) Includes copyrighted material of the Insurance Services Office, Inc., with its permission. Page 2 of 14 Copyright 2015 FCCI Insurance Group QUOTE COMMERCIAL GENERAL LIABILITY CGL 088(01 15) The insurance afforded under COVERAGE D is excess over any other valid and collectible property or inland marine insurance (including the deductible applicable to the property or inland marine coverage) available to you whether primary, excess, contingent or any other basis. Coverage D covers unintentional damage or destruction, but does not cover disappearance, theft, or loss of use. The insurance under COVERAGE D does not apply if a loss is paid under COVERAGE E. COVERAGE E. CARE, CUSTODY OR CONTROL 1. Insuring Agreement We will pay those sums that the insured becomes legally obligated to pay as damages because of "property damage" caused by an "occurrence", to property of others while in your care, custody, or control or property of others as to which you are exercising physical control if the"property damage' arises out of your business operations. The amount we will pay for damages is described in SECTION III LIMITS OF INSURANCE. 2. Exclusions This insurance does not apply to: "Property Damage" to: a. Property at premises owned, rented, leased or occupied by you, b. Property while in transit, c. Premises you sell, give away, or abandon, if the"property damage" arises out of any part of those premises: d. Property caused by or arising out of the "products-completed operations hazard e. Motor vehicles; f. "Your product" arising out of it or any part of it; or g. "Your work' arising out of it or any part of it. 3. Deductible We will not pay for loss in any one "occurrence" until the amount of loss exceeds $250. We will then pay the amount of loss in excess of$250 up to the applicable limit of insurance. 4. Cost Factor In the event of a covered loss, you shall, if requested by us, replace the damaged property or furnish the labor and materials necessary for repairs thereto at your actual cost, excluding profit or overhead charges. The insurance afforded under COVERAGE E is excess over any other valid and collectible property or inland marine insurance (including the deductible applicable to the property or inland marine coverage) available to you whether primary, excess, contingent or any other basis. The insurance under COVERAGE E does not apply if a loss is paid under COVERAGE D. COVERAGE F. LIMITED PRODUCT WITHDRAWAL EXPENSE 1. Insuring Agreement a. If you are a "seller", we will reimburse you for"product withdrawal expenses" associated with "your product" incurred because of a "product withdrawal" to which this insurance applies. The amount of such reimbursement is limited as described in SECTION III - LIMITS OF INSURANCE. No other obligation or liability to pay sums or perform acts or services is covered. CGL 088 (01 15) Includes copyrighted material of the Insurance Services Office, Inc., with its permission. Page 3 of 14 Copyright 2015 FCCI Insurance Group QUOTE COMMERCIAL GENERAL LIABILITY CGL 088 (01 15) a. This insurance applies to a "product withdrawal" only if the "product withdrawal" is initiated in the "coverage territory" during the policy period because: (1) You determine that the "product withdrawal" is necessary, or (2) An authorized government entity has ordered you to conduct a "product withdrawal". c. We will reimburse only those "product withdrawal expenses"which are incurred and reported to us within one year of the date the "product withdrawal"was initiated. d. The initiation of a "product withdrawal" will be deemed to have been made only at the earliest of the following times: (1) When you have announced, in any manner, to the general public, your vendors or to your employees (other than those employees directly involved in making the determination) your decision to conduct a "product withdrawal" This applies regardless of whether the determination to conduct a "product withdrawal" is made by you or is requested by a third party; (2) When you received, either orally or in writing, notification of an order from an authorized government entity to conduct a "product withdrawal, or (3) When a third party has initiated a "product withdrawal" and you communicate agreement with the "product withdrawal", or you announce to the general public, your vendors or to your employees (other than those employees directly involved in making the determination) your decision to participate in the "product withdrawal", whichever comes first. e. "Product withdrawal expenses" incurred to withdraw "your products"which contain: (1) The same "defect"will be deemed to have arisen out of the same "product withdrawal", or (2) A different"defect"will be deemed to have arisen out of a separate "product withdrawal" if newly determined or ordered in accordance with paragraph 1.b of this coverage. 2. Exclusions This insurance does not apply to "product withdrawal" expenses" arising out of: a. Any "product withdrawal" initiated due to: (1) The failure of"your products" to accomplish their intended purpose, including any breach of warranty of fitness, whether written or implied. This exclusion does not apply if such failure has caused or is reasonably expected to cause "bodily injury" or physical damage to tangible property. (2) Copyright, patent, trade secret or trademark infringements; (3) Transformation of a chemical nature, deterioration or decomposition of"your product", except if it is caused by: (a) An error in manufacturing, design, processing or transportation of"your product"; or (b) "Product tampering". (4) Expiration of the designated shelf life of"your product". b. A"product withdrawal", initiated because of a"defect" in "your product" known to exist by the Named Insured or the Named Insured's"executive officers", prior to the inception date of this Coverage Part or prior to the time"your product" leaves your control or possession. c. Recall of any specific products for which "bodily injury" or"property damage" is excluded under Coverage A- Bodily Injury And Property Damage Liability by endorsement. d. Recall of"your products" which have been banned from the market by an authorized government entity prior to the policy period. e. The defense of a claim or"suit" against you for"product withdrawal expenses". CGL 088(01 15) Includes copyrighted material of the Insurance Services Office, Inc., with its permission. Page 4 of 14 Copyright 2015 FCCI Insurance Group QUOTE COMMERCIAL GENERAL LIABILITY CGL 088 (01 15) 3. For the purposes of the insurance afforded under COVERAGE F, the following is added to 2. Duties In The Event Of Occurrence, Offense, Claim Or Suit Condition under SECTION IV—COMMERCIAL GENERAL LIABILITY CONDITIONS: e. Duties In The Event Of A"Defect" Or A "Product Withdrawal" (1) You must see to it that we are notified as soon as practicable of any actual, suspected or threatened "defect' in "your products", or any governmental investigation, that may result in a "product withdrawal". To the extent possible, notice should include: (a) How. when and where the "defect'was discovered; (b) The names and addresses of any injured persons and witnesses, and (c) The nature, location and circumstances of any injury or damage arising out of use or consumption of your product'. (2) If a "product withdrawal' is initiated, you must: (a) Immediately record the specifics of the"product withdrawal" and the date it was initiated, (b) Send us written notice of the "product withdrawal" as soon as practicable, and (c) Not release, consign, ship or distribute by any other method, any product, or like or similar products, with an actual, suspected or threatened defect. (3) You and any other involved insured must: (a) Immediately send us copies of pertinent correspondence received in connection with the "product withdrawal'; (b) Authorize us to obtain records and other information, and (c) Cooperate with us in our investigation of the"product withdrawal". 4. For the purposes of this Coverage F, the following definitions are added to the Definitions Section: a. "Defect' means a defect, deficiency or inadequacy that creates a dangerous condition. b. "Product tampering" is an act of intentional alteration of"your product'which may cause or has caused "bodily injury" or physical injury to tangible property. When "product tampering" is known, suspected or threatened, a "product withdrawal" will not be limited to those batches of"your product'which are known or suspected to have been tampered with. c. "Product withdrawal" means the recall or withdrawal of"your products", or products which contain "your products", from the market or from use, by any other person or organization, because of a known or suspected "defect' in "your product', or a known or suspected "product tampering", which has caused or is reasonably expected to cause "bodily injury" or physical injury to tangible property. d. "Product withdrawal expenses" means those reasonable and necessary extra expenses, listed below paid and directly related to a "product withdrawal": (1) Costs of notification, (2) Costs of stationery, envelopes, production of announcements and postage or facsimiles, (3) Costs of overtime paid to your regular non-salaried employees and costs incurred by your employees, including costs of transportation and accommodations, (4) Costs of computer time, (5) Costs of hiring independent contractors and other temporary employees, (6) Costs of transportation, shipping or packaging; (7) Costs of warehouse or storage space; or CGL 088(01 15) Includes copyrighted material of the Insurance Services Office, Inc., with its permission. Page 5 of 14 Copyright 2015 FCCI Insurance Group QUOTE COMMERCIAL GENERAL LIABILITY CGL 088 (01 15) (8) Costs of proper disposal of"your products", or products that contain "your products", that cannot be reused, not exceeding your purchase price or your cost to produce the products; but"product withdrawal expenses" does not include costs of the replacement, repair or redesign of"your product", or the costs of regaining your market share, goodwill, revenue or profit. e. "Seller" means a person or organization that manufactures, sells or distributes goods or products. "Seller" does not include a "contractor" as defined elsewhere in this endorsement. The insurance under COVERAGE F does not apply if a loss is paid under COVERAGE G. COVERAGE G. CONTRACTORS ERRORS AND OMISSIONS 1. Insuring Agreement If you are a "contractor', we will pay those sums that you become legally obligated to pay as damages because of"property damage"to "your product', "your work" or"impaired property", due to faulty workmanship, material or design, or products including consequential loss, to which this insurance applies. The damages must have resulted from your negligent act, error or omission while acting in your business capacity as a contractor or subcontractor or from a defect in material or a product sold or installed by you while acting in this capacity. The amount we will pay for damages is described in SECTION III LIMITS OF INSURANCE. We have no duty to investigate or defend claims or"suits" covered by this Contractors Errors or Omissions coverage. This coverage applies only if the "property damage" occurs in the"coverage territory" during the policy period. This coverage does not apply to additional insureds, if any. Supplementary Payments—Coverage A and B do not apply to Coverage G. Contractors Errors and Omissions. 2. Exclusions This insurance does not apply to: a. "Bodily injury' or"personal and advertising injury". b. Liability or penalties arising from a delay or failure to complete a contract or project, or to complete a contract or project on time. c. Liability because of an error or omission: (1) In the preparation of estimates or job costs; (2) Where cost estimates are exceeded; (3) In the preparation of estimates of profit or return on capital; (4) In advising or failure to advise on financing of the work or project; or (5) In advising or failing to advise on any legal work, title checks, form of insurance or suretyship. d. Any liability which arises out of any actual or alleged infringement of copyright or trademark or trade dress or patent, unfair competition or piracy, or theft or wrongful taking of concepts or intellectual property. e. Any liability for damages: (1) From the intentional dishonest, fraudulent, malicious or criminal acts of the Named Insured, or by any partner, member of a limited liability company, or executive officer, or at the direction of any of them, or (2) Which is in fact expected or intended by the insured, even if the injury or damage is of a different degree or type than actually expected or intended. CGL 088(01 15) Includes copyrighted material of the Insurance Services Office, Inc., with its permission. Page 6 of 14 Copyright 2015 FCCI Insurance Group QUOTE COMMERCIAL GENERAL LIABILITY CGL 088(01 15) f. Any liability arising out of manufacturer's warranties or guarantees whether express or implied. g. Any liability arising from "property damage" to property owned by, rented or leased to the insured. h. Any liability incurred or"property damage" which occurs, in whole or in part, before you have completed "your work." "Your work"will be deemed completed at the earliest of the following times: (1) When all of the work called for in your contract or work order has been completed, (2) When all the work to be done at the job site has been completed if your contract calls for work at more than one job site; or (3) When that part of the work done at a job site has been put to its intended use by any person or organization other than another contractor or subcontractor working on the same project. Work that may need service or maintenance, correction, repair or replacement, but which is otherwise complete, will be treated as complete. i. Any liability arising from "property damage" to products that are still in your physical possession. j. Any liability arising out of the rendering of or failure to render any professional services by you or on your behalf, but only with respect to either or both of the following operations: (1) Providing engineering, architectural or surveying services to others, and (2) Providing or hiring independent professionals to provide engineering, architectural or surveying services in connection with construction work you perform. Professional services include the preparing, approving or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders, or drawings and specifications. Professional services also include supervisory or inspection activities performed as part of any related architectural or engineering activities. But, professional services do not include services within construction means, methods, techniques, sequences and procedures employed by you in connection with construction work you perform. k. Your loss of profit or expected profit and any liability arising therefrom. I. "Property damage" to property other than "your product," "your work' or"impaired property." m. Any liability arising from claims or 'suits" where the right of action against the insured has been relinquished or waived. n. Any liability for"property damage" to"your work" if the damaged work or the work out of which the damage arises was performed on your behalf by a subcontractor. o. Any liability arising from the substitution of a material or product for one specified on blueprints, work orders, contracts or engineering specifications unless there has been written authorization, or unless the blueprints, work orders, contracts or engineering specifications were written by you, and you have authorized the changes. p. Liability of others assumed by the insured under any contract or agreement, whether oral or in writing. This exclusion does not apply to liability for damages that the insured would have in the absence of the contract or agreement. 3. For the purposes of Coverage G,the following definition is added to the Definitions section: a. "Contractor" means a person or organization engaged in activities of building, clearing, filing, excavating or improvement in the size, use or appearance of any structure or land. 'Contractor" does not include a "seller" as defined elsewhere in this endorsement. 4. Deductible We will not pay for loss in any one "occurrence" until the amount of loss exceeds $250. The limits of insurance will not be reduced by the application of the deductible amount. CGL 088 (01 15) Includes copyrighted material of the Insurance Services Office, Inc.. with its permission. Page 7 of 14 Copyright 2015 FCCI Insurance Group QUOTE COMMERCIAL GENERAL LIABILITY CGL 088(01 15) We may pay any part or all of the deductible amount to effect settlement of any claim or"suit", and upon notification of the action taken, you shall promptly reimburse us for such part of the deductible amount as has been paid by us. 5. Cost Factor In the event of a covered loss, you shall, if requested by us, replace the damaged property or furnish the labor and materials necessary for repairs thereto at your actual cost, excluding profit or overhead charges. The insurance under COVERAGE G does not apply if a loss is paid under COVERAGE F. COVERAGE H. LOST KEY COVERAGE 1. Insuring Agreement We will pay those sums, subject to the limits of liability described in SECTION III LIMITS OF INSURANCE in this endorsement and the deductible shown below, that you become legally obligated to pay as damages caused by an "occurrence" and due to the loss or mysterious disappearance of keys entrusted to or in the care, custody or control of you or your"employees" or anyone acting on your behalf. The damages covered by this endorsement are limited to the: a. Actual cost of the keys; b. Cost to adjust locks to accept new keys, or c. Cost of new locks, if required, including the cost of installation. 2. Exclusions This insurance does not apply to: a. Keys owned by any insured, employees of any insured, or anyone acting on behalf of any insured; b. Any resulting loss of use, or c. Any of the following acts by any insured, employees of any insured, or anyone acting on behalf of any insured: 1) Misappropriation, 2) Concealment, 3) Conversion; 4) Fraud, or 5) Dishonesty. 3. Deductible We will not pay for loss in any one "occurrence" until the amount of loss exceeds $1,000. The limits of insurance will not be reduced by the application of the deductible amount. We may pay any part or all of the deductible amount to effect settlement of any claim or"suit" and, upon notification of the action taken, you shall promptly reimburse us for such part of the deductible amount as has been paid by us. EXPANDED COVERAGE FOR TENANT'S PROPERTY AND PREMISES RENTED TO YOU The first paragraph after subparagraph (6) in Exclusion j., Damage to Property is amended to read as follows: Paragraphs (1), (3) and (4) of this exclusion do not apply to "property damage" (other than damage by fire) to premises, including the contents of such premises, rented to you. A separate limit of insurance applies to Damage To Premises Rented To You as described in Section 111— Limits Of Insurance. CGL 088(01 15) Includes copyrighted material of the Insurance Services Office, Inc., with its permission. Page 8 of 14 Copyright 2015 FCCI Insurance Group QUOTE COMMERCIAL GENERAL LIABILITY CGL 088 (01 15) SECTION I -COVERAGES, SUPPLEMENTARY PAYMENTS —COVERAGE A and B is amended as follows: All references to SUPPLEMENTARY PAYMENTS—COVERAGES A and B are amended to SUPPLEMENTARY PAYMENTS—COVERAGES A, B, D. E, G, and H. 1. Cost of Bail Bonds Paragraph 1.b. is replaced with the following: b. Up to$2,500 for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to furnish these bonds. 2. Loss of Earnings Paragraph 1.d. is replaced with the following: d. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or"suit", including actual loss of earnings up to $500 a day because of time off from work. SECTION II —WHO IS AN INSURED is amended as follows: 1. Incidental Malpractice Paragraph 2.a.(1)(d) is replaced with the following: (d) Arising out of his or her providing or failing to provide professional health care services. However, this exclusion does not apply to a nurse, emergency medical technician or paramedic employed by you to provide medical services, unless: (i) You are engaged in the occupation or business of providing or offering medical, surgical, dental, x-ray or nursing services, treatment, advice or instruction: or (ii) The 'employee" has another insurance that would also cover claims arising under this provision. whether the other insurance is primary, excess, contingent or on any other basis. 2. Broadened Who Is An Insured The following are added to Paragraph 2.: Subsidiaries e. Your subsidiaries if: (1) They are legally incorporated entities; and (2) You own more than 50% of the voting stock in such subsidiaries as of the effective date of this policy. If such subsidiaries are not shown in the Declarations, you must report them to us within 180 days of the inception of your original policy. Additional Insureds f. Any person or organization described in paragraphs g. through k. below whom you are required to add as an additional insured on this policy under a written contract or agreement in effect during the term of this policy, provided the written contract or agreement was executed prior to the "bodily injury", "property damage" or"personal and advertising injury"for which the additional insured seeks coverage. However, the insurance afforded to such additional insured(s): (1) Only applies to the extent permitted by law, (2) Will not be broader than that which you are required by the contract or agreement to provide for such additional insured, (3) Will not be broader than that which is afforded to you under this policy; (4) Is subject to the conditions described in paragraphs g. through k. below; and (5) Nothing herein shall extend the term of this policy. CGL 088(01 15) Includes copyrighted material of the Insurance Services Office, Inc.. with its permission. Page 9 of 14 Copyright 2015 FCCI Insurance Group QUOTE COMMERCIAL GENERAL LIABILITY CGL 088 (01 15) g. Owner, Lessor or Manager of Premises If the additional insured is an owner, lessor or manager of premises, such person or organization shall be covered only with respect to liability arising out of the ownership, maintenance or use of that part of any premises leased to you and subject to the following additional exclusions: (1) Any "occurrence" that takes place after you cease to occupy those premises; or (2) Structural alterations, new construction or demolition operations performed by or on behalf of such person or organization. h. State or Governmental Agency or Subdivision or Political Subdivision — Permits or Authorizations If the additional insured is the state or any political subdivision, the state or political subdivision shall be covered only with respect to operations performed by you or on your behalf for which the state or political subdivision has issued a permit or authorization. This insurance does not apply to: (1) "Bodily injury", "property damage", or "personal and advertising injury" arising out of operations performed for the federal government, state or municipality; or (2) 'Bodily injury" or"property damage" included within the "products-completed operations hazard". i. Lessor of Leased Equipment If the additional insured is a lessor of leased equipment, such lessor shall be covered only with respect to liability for"bodily injury "property damage" or"personal and advertising injury" caused, in whole or in part, by your maintenance, operation or use of equipment leased to you by such person(s) or organization(s). With respect to the insurance afforded to these additional insureds, this insurance does not apply to any "occurrence" which takes place after the equipment lease expires. j. Mortgagee, Assignee, or Receiver If the additional Insured is a mortgagee, assignee, or receiver of premises, such mortgagee, assignee or receiver of premises is an additional insured only with respect to their liability as mortgagee, assignee, or receiver and arising out of the ownership, maintenance, or use of the premises by you. This insurance does not apply to structural alterations, new construction and demolition operations performed by or for that person or organization. k. Vendor If the additional insured is a vendor, such vendor is an additional insured only with respect to"bodily injury" or"property damage" caused by "your products' which are distributed or sold in the regular course of the vendor's business, subject to the following additional exclusions: (1) The insurance afforded to the vendor does not apply to: (a) "Bodily injury" or"property damage" for which the vendor is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that the vendor would have in absence of the contract or agreement. (b) Any express warranty unauthorized by you; (c) Any physical or chemical change in "your product" made intentionally by the vendor; (d) Repackaging, unless unpacked solely for the purpose of inspection, demonstration, testing, or the substitution of parts under instructions from the manufacturer, and then repackaged in the original container, (e) Any failure to make such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products: (f) Demonstration, installation, servicing or repair operations, except such operations performed at the vendor's premises in connection with the sale of the product, CGL 088(01 15) Includes copyrighted material of the Insurance Services Office, Inc.,with its permission. Page 10 of 14 Copyright 2015 FCCI Insurance Group QUOTE COMMERCIAL GENERAL LIABILITY CGL 088(01 15) (g) Products which, after distribution or sale by you, have been labeled or relabeled or used as a container, part or ingredient of any other thing or substance by or for the vendor, or (h) "Bodily injury" or"property damage" arising out of the sole negligence of the vendor for its own acts or omissions or those of its own acts or omissions or those of its employees or anyone else acting on its behalf. However, this exclusion does not apply to: i. The exceptions contained in Subparagraphs d. or f.; or ii. Such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products. (2) This insurance does not apply to any insured person or organization, from whom you have acquired such products, or any ingredient, part or container, entering into, accompanying or containing such products. 3. Newly Formed or Acquired Organizations Paragraph 3. is amended as follows: a. Coverage under this provision is afforded until the end of the policy period. d. Coverage A does not apply to product recall expense arising out of any withdrawal or recall that occurred before you acquired or formed the organization. SECTION III —LIMITS OF INSURANCE is amended as follows: 1. Paragraph 2. is replaced with the following: 2. The General Aggregate Limit is the most we will pay for the sum of: a. Medical expenses under Coverage C, b. Damages under Coverage A, except damages because of"bodily injury" or"property damage" included in the "products-completed operations hazard'; c. Damages under Coverage B. d. Voluntary"property damage" payments under Coverage D; e. Care, Custody or Control damages under Coverage E.: and f. Lost Key Coverage under Coverage H. 2. Paragraph 5. is replaced with the following: 5. Subject to Paragraph 2. or 3. above, whichever applies, the Each Occurrence Limit is the most we will pay for the sum of: a. Damages under Coverage A; b. Medical expenses under Coverage C, c. Voluntary"property damage" payments under Coverage D; d. Care, Custody or Control damages under Coverage E, e. Limited Product Withdrawal Expense under Coverage F; f. Contractors Errors and Omissions under Coverage G.; and, g. Lost Key Coverage under Coverage H. because of all "bodily injury" and "property damage" arising out of any one "occurrence". 3. Paragraph 6. is replaced with the following: 6. Subject to Paragraph 5. above the Damage To Premises Rented To You Limit is the most we will pay under Coverage A for damages because of"property damage"to any one premises, while rented to you, CGL 088(01 15) Includes copyrighted material of the Insurance Services Office, Inc.. with its permission. Page 11 of 14 Copyright 2015 FCCI Insurance Group QUOTE COMMERCIAL GENERAL LIABILITY CGL 088(01 15) or in the case of damage by fire or explosion, while rented to you or temporarily occupied by you with permission of the owner. The Damage to Premises Rented to You Limit is the higher of the Each Occurrence Limit shown in the Declarations or the amount shown in the Declarations as Damage To Premises Rented To You Limit. 4. Paragraph 7. is replaced with the following: 7. Subject to Paragraph 5. above, the higher of$10,000 or the Medical Expense Limit shown in the Declarations is the most we will pay under Coverage C for all medical expenses because of"bodily injury" sustained by any one person. 5. Paragraph 8. is added as follows: 8. Subject to Paragraph 5. above, the most we will pay under Coverage D. Voluntary Property Damage for loss arising out of any one "occurrence" is $1,500. The most we will pay in any one-policy period, regardless of the number of claims made or suits brought, is $3,000. 6. Paragraph 9. is added as follows: 9. Subject to Paragraph 5. above, the most we will pay under Coverage E. Care, Custody or Control for "property damage" arising out of any one "occurrence" is $1.000. The most we will pay in any one-policy period, regardless of the number of claims made or suits brought, is $5,000. 7. Paragraph 10. is added as follows: 10. Subject to Paragraph 5. above, the most we will pay under Coverage F. Limited Product Withdrawal Expense for"product withdrawal expenses in any one-policy period, regardless of the number of insureds, "product withdrawals" initiated or number of"your products"withdrawn is $10.000. 8. Paragraph 11. is added as follows: 11. Subject to Paragraph 5. above, the most we will pay under Coverage G. Contractors Errors and Omissions for damage in any one-policy period, regardless of the number of insureds, claims or"suits" brought, or persons or organizations making claim or bringing "suits" is $10,000. For errors in contract or job specifications or in recommendations of products or materials to be used, this policy will not pay for additional costs of products and materials to be used that would not have been incurred had the correct recommendations or specifications been made. 9. Paragraph 12. is added as follows: 12. Subject to Paragraph 5. above, the most we will pay under Coverage H., Lost Key Coverage for damages arising out of any one occurrence is $50,000. 10. Paragraph 13. is added as follows: 13. The General Aggregate Limit applies separately to: a. Each of your projects away from premises owned by or rented to you; or b. Each "location" owned by or rented to you. "Location" as used in this paragraph means premises involving the same or connecting lots, or premises whose connection is interrupted only by a street, roadway, waterway or right-of-way of a railroad. 11. Paragraph 14. is added as follows: 14. With respect to the insurance afforded to any additional insured provided coverage under this endorsement: If coverage provided to the additional insured is required by a contract or agreement.. the most we will pay on behalf of the additional insured is the amount of insurance: a. Required by the contract or agreement; or CGL 088 (01 15) Includes copyrighted material of the Insurance Services Office. Inc.. with its permission. Page 12 of 14 Copyright 2015 FCCI Insurance Group QUOTE COMMERCIAL GENERAL LIABILITY CGL 088(01 15) b. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. SECTION IV—COMMERCIAL GENERAL LIABILITY CONDITIONS is amended as follows: 1. Subparagraph 2.a. of Duties In The Event Of Occurrence, Offense, Claim, or Suit is replaced with the following: a. You must see to it that we are notified as soon as practicable of an 'occurrence" or an offense which may result in a claim. This requirement applies only when the "occurrence" or offense is known to the following: (1) An individual who is the sole owner, (2) A partner, if you are a partnership or joint venture; (3) An "executive officer' or insurance manager, if you are a corporation, (4) A manager, if you are a limited liability company, (5) A person or organization having proper temporary custody of your property if you die; (6) The legal representative of you if you die, or (7) A person (other than an "employee") or an organization while acting as your real estate manager. To the extent possible, notice should include: (1) How. when and where the "occurrence" or offense took place. (2) The names and addresses of any injured persons and witnesses, and (3) The nature and location of any injury or damage arising out of the "occurrence" or offense. 2. The following is added to Subparagraph 2.b. of Duties In The Event Of Occurrence, Offense, Claim, or Suit: The requirement in 2.b.applies only when the "occurrence" or offense is known to the following: (1) An individual who is the sole owner, (2) A partner or insurance manager, if you are a partnership or joint venture; (3) An "executive officer" or insurance manager, if you are a corporation:, (4) A manager or insurance manager, if you are a limited liability company; (5) Your officials, trustees, board members or insurance manager, if you are a not-for-profit organization; (6) A person or organization having proper temporary custody of your property if you die, (7) The legal representative of you if you die; or (8) A person (other than an "employee") or an organization while acting as your real estate manager. 3. The following is added to paragraph 2. of Duties in the Event of Occurrence, Offense, Claim or Suit: e. If you report an "occurrence" to your workers compensation carrier that develops into a liability claim for which coverage is provided by the Coverage Form, failure to report such an "occurrence" to us at the time of the "occurrence" shall not be deemed a violation of paragraphs a., b., and c. above. However, you shall give written notice of this 'occurrence" to us as soon as you become aware that this "occurrence" may be a liability claim rather than a workers compensation claim. 4. Paragraph 6. is replaced with the following: 6. Representations CGL 088(01 15) Includes copyrighted material of the Insurance Services Office, Inc.. with its permission. Page 13 of 14 Copyright 2015 FCCI Insurance Group QUOTE COMMERCIAL GENERAL LIABILITY CGL 088 (01 15) By accepting this policy, you agree: a. The statements in the Declarations are accurate and complete; b. Those statements are based upon representations you made to us; and c. We have issued this policy in reliance upon your representations. Any error or omission in the description of, or failure to completely describe or disclose any premises, operations or products intended to be covered by the Coverage Form will not invalidate or affect coverage for those premises, operations or products, provided such error or omission or failure to completely describe or disclose premises, operations or products was not intentional. You must report such error or omission to us as soon as practicable after its discovery. However, this provision does not affect our right to collect additional premium charges or exercise our right of cancellation or nonrenewal. 5. The following is added to paragraph 8. Transfer Of Rights Of Recovery Against Others To Us: However, we waive any right of recovery we may have because of payments we make for injury or damage arising out of your ongoing operations or"your work" included in the"products-completed operations hazard" under the following conditions: a) Only when you have agreed in writing to waive such rights of recovery in a contract or agreement; b) Only as to the person/entity as to whom you are required by the contract to waive rights of recovery,- and ecovery;and c) Only if the contract or agreement is in effect during the term of this policy, and was executed by you prior to the loss. 6. Paragraph 10. is added as follows: 10. Liberalization If we revise this Coverage Form to provide more coverage without additional premium charge, your policy will automatically provide the additional coverage as of the day the revision is effective in the applicable state(s). CGL 088(01 15) Includes copyrighted material of the Insurance Services Office, Inc., with its permission. Page 14 of 14 Copyright 2015 FCCI Insurance Group QUOTE COMMERCIAL GENERAL LIABILITY CG 20 01 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NONCONTRIBUTORY - OTHER INSURANCE CONDITION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART The following is added to the Other Insurance (2) You have agreed in writing in a contract or Condition and supersedes any provision to the agreement that this insurance would be contrary: primary and would not seek contribution Primary And Noncontributory Insurance from any other insurance available to the additional insured. This insurance is primary to and will not seek contribution from any other insurance available to an additional insured under your policy provided that: (1) The additional insured is a Named Insured under such other insurance; and CG 20 01 04 13 © Insurance Services Office, Inc., 2012 Page 1 of 1 POLICY NUMBER: CPP 100073516 COMMERCIAL GENERAL LIABILITY CGL 121 (04 13) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - AUTOMATIC STATUS WHEN REQUIRED IN CONTRACT OR AGREEMENT - ONGOING OPERATIONS AND PRODUCTS-COMPLETED OPERATIONS (TEXAS LIMITED SOLE NEGLIGENCE) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM SCHEDULE OPTIONAL Name of Additional Insured Persons or Organizations (As required by written contract or agreement per Paragraph A. below.) Locations of Covered Operations (As per the written contract or agreement, provided the location is within the "coverage territory".) (Information required to complete this Schedule, if not shown above, will be shown in the Declarations.) A. Section II—Who Is An Insured is amended to include as an additional insured: 1. Any person or organization for whom you are performing operations when you and such person or organization have agreed in writing in a contract or agreement in effect during the term of this policy that such person or organization be added as an additional insured on your policy, and 2. Any other person or organization you are required to add as an additional insured under the contract or agreement described in Paragraph 1, above, and 3. The particular person or organization, if any, scheduled above. CGL 121 (04 13)Includes copyrighted material of the Insurance Services Office, Inc., with its permission. Page 1 of 3 Copyright 2013 FCCI Insurance Group. QUOTE Such person(s) or organization(s) is an additional insured only with respect to liability for"bodily injury". ..property damage" or'personal and advertising injury" occurring after the execution of the contract or agreement described in Paragraph 1. above and caused, in whole or in part, by: a. Your acts or omissions, or b. The acts or omissions of those acting on your behalf, in the performance of your ongoing operations for the additional insured, or c. "Your work" performed for the additional insured and included in the "products-completed operations hazard" if such coverage is specifically required in the written contract or agreement. With respect to liability of the additional insured for"bodily injury" of an employee or agent of a named insured or the employee of a named insured's subcontractor, coverage shall apply for the partial or sole negligence of the additional insured, but only if such coverage is specifically required in the written contract or agreement. However, the insurance afforded to such additional insured(s) described above: a. Only applies to the extent permitted by law, b. Will not be broader than that which you are required by the contract or agreement to provide for such additional insured, c. Will not be broader than that which is afforded to you under this policy; and d. Nothing herein shall extend the term of this policy. B. The insurance provided to the additional insured does not apply to "bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, including: 1. The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or 2. Supervisory, inspection, architectural or engineering activities. C. This insurance is excess over any other valid and collectible insurance available to the additional insured whether on a primary, excess, contingent or any other basis; unless the written contract or agreement requires that this insurance be primary and non-contributory, in which case this insurance will be primary and non-contributory relative to insurance on which the additional insured is a Named Insured. D. With respect to the insurance afforded to these additional insureds, the following is added to Section III — Limits of Insurance: The most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement described in Paragraph A.1., or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. E. Section IV—Commercial General Liability Conditions is amended as follows: The Duties In The Event of Occurrence, Offense, Claim or Suit condition is amended to add the following additional conditions applicable to the additional insured: CGL 121 (04 13) Includes copyrighted material of the Insurance Services Office, Inc., with its permission. Page 2 of 3 Copyright 2013 FCCI Insurance Group. QUOTE An additional insured under this endorsement must as soon as practicable: 1. Give us written notice of an "occurrence" or an offense which may result in a claim or "suit' under this insurance, and of any claim or"suit' that does result: 2. Send us copies of all legal papers received in connection with the claim or"suit', cooperate with us in the investigation or settlement of the claim or defense against the "suit', and otherwise comply with all policy conditions, and 3. Tender the defense and indemnity of any claim or"suit' to any provider of other insurance which would cover the additional insured for a loss we cover under this endorsement and agree to make available all such other insurance. However, this condition does not affect Paragraph C. above. We have no duty to defend or indemnify an additional insured under this endorsement until we receive from the additional insured written notice of a claim or"suit'. F. This endorsement does not apply to any additional insured or project that is specifically identified in any other additional insured endorsement attached to the Commercial General Liability Coverage Form. CGL 121 (04 13) Includes copyrighted material of the Insurance Services Office, Inc., with its permission. Page 3 of 3 Copyright 2013 FCCI Insurance Group. QUOTE COMMERCIAL AUTO CAU 058(05 19) AUTO FIRST CHOICE COVERAGE ENDORSEMENT TABLE OF CONTENTS DESCRIPTION PAGE AirbagCoverage........................................................................................................................................................3 Auto Loan/Lease Gap Coverage...............................................................................................................................3 BroadForm Insured...................................................................................................................................................1 Concealment, Misrepresentation or Fraud................................................................................................................4 Deductible..................................................................................................................................................................3 Duties in the Event of Accident, Claim, Suit or Loss.................................................................................................4 FellowEmployee.......................................................................................................................................................2 FireDepartment Service Charge...............................................................................................................................2 Other Insurance for Hired Auto Physical Damage Coverage ...................................................................................4 Lossof Earnings........................................................................................................................................................2 Lossof Use Expenses...............................................................................................................................................2 SupplementaryPayments .........................................................................................................................................2 Transfer of Rights of Recovery against Others to Us ...............................................................................................4 TransportationExpenses ..........................................................................................................................................2 CAU 058(05 19) Includes copyrighted material of the Insurance Services Office, Inc., with its permission. Page 0 of 4 Copyright 2018 FCCI Insurance Group QUOTE COMMERCIAL AUTO CAU 058(05 19) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AUTO FIRST CHOICE COVERAGE ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM NOTE: The following are additions, replacements and amendments to the Business Auto Coverage Form, and will apply unless excluded by separate endorsement(s) to the Business Auto Coverage Form. With respect to coverages provided by this endorsement, the provisions of the Business Auto Coverage Form apply unless modified by this endorsement. The Business Auto Coverage Form is amended as follows: SECTION II —COVERED AUTOS LIABILITY COVERAGE is amended as follows. A. Paragraph 1. Who Is An Insured in section A. Coverage is amended by the addition of the following: d. Any legally incorporated subsidiary of yours in which you own more than 50% of the voting stock on the effective date of this coverage form. However. "insured" does not include any subsidiary that is an insured" under any other liability policy or would be an "insured" under such a policy but for its termination or the exhaustion of its limits of insurance. In order for such subsidiaries to be considered insured under this policy, you must notify us of such subsidiaries within 60 days of policy effective date. e. Any organization you newly acquire or form during the policy period, other than a partnership or joint venture, and over which you maintain sole ownership or a majority interest. However, coverage under this provision: (1) Does not apply if the organization you acquire or form is an "insured" under another liability policy or would be an "insured" under such a policy but for its termination or the exhaustion of its limits of insurance, (2) Does not apply to "bodily injury" or"property damage" that occurred before you acquired or formed the organization, and (3) Is afforded only for the first 90 days after you acquire or form the organization or until the end of the policy period, whichever comes first. f. Any person or organization who is required under a written contract or agreement between you and that person or organization, that is signed and executed by you before the"bodily injury" or"property damage" occurs and that is in effect during the policy period, to be named as an additional insured is an "insured'for Liability Coverage, but only for damages to which this insurance applies and only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured provision contained in Section II. g. Any"employee" of yours using: (1) a covered "auto" you do not own, hire or borrow, or a covered auto' not owned by an "employee" or a member of his or her household, while performing duties related to the conduct of your business or your personal affairs; or (2) an "auto" hired or rented under a contract or agreement in that"employee's" name, with your permission, while performing duties related to the conduct of your business. However, your "employee" does not qualify as an insured under this paragraph (2) while using a covered "auto" rented from you or from any member of the"employee's" household CAU 058(05 19) Includes copyrighted material of the Insurance Services Office. Inc., with its permission. Page 1 of 4 Copyright 2018 FCCI Insurance Group. QUOTE COMMERCIAL AUTO CAU 058 (05 19) h. Your members, if you are a limited liability company, while using a covered "auto" you do not own, hire or borrow, while performing duties related to the conduct of your business or your personal affairs. B. Paragraphs (2) and (4) under section 2. Coverage Extensions, a. Supplementary Payments are deleted and replaced by the following: (2) Up to $3,000 for cost of bail bonds (including bonds for related traffic violations) required because of an 'accident"we cover. We do not have to furnish these bonds. (4) All reasonable expenses incurred by the "insured" solely at our request, including actual loss of earnings up to $500 a day because of time off from work. C. Paragraph 5. under section B. Exclusions is deleted and replaced by the following: 5. Fellow Employee "Bodily injury" to: a. Any fellow"employee" of the "insured" arising out of and in the course of a fellow "employee's" employment or while performing duties related to the conduct of your business. However, this exclusion does not apply to your"employees" that are officers or managers if the "bodily injury" results from the use of a covered "auto' you own, hire or borrow. Coverage is excess over any other collectible insurance; or b. The spouse, child, parent, brother or sister of that fellow"employee" as a consequence of Paragraph a. above. SECTION III— PHYSICAL DAMAGE COVERAGE is amended as follows: A. Paragraph 4. Coverage Extensions under section A. Coverage is deleted and replaced by the following: 4. Coverage Extensions a. Transportation Expenses We will pay up to$50 per day to a total maximum of$1,500 for temporary transportation expense incurred by you due to covered loss to any covered auto. We will pay only for those covered"autos"for which you carry either Comprehensive or Specified Causes Of Loss Coverage. We will pay for temporary transportation expenses incurred during the period beginning 24 hours after a loss and ending, regardless of the policy's expiration, when the covered"auto" is returned to use or we pay for its"loss". b. Loss of Use Expenses For Hired Auto Physical Damage, we will pay expenses for which an "insured" becomes legally responsible to pay for loss of use of a vehicle rented or hired without a driver under a written rental contract or agreement. We will pay for loss of use expenses if caused by: (1) Other than collision only if the Declarations indicate that Comprehensive Coverage is provided for hired "autos (2) Specified Causes of Loss only if the Declarations indicate that Specified Causes of Loss Coverage is provided for hired "autos"; or (3) Collision only if the Declarations indicate that Collision Coverage is provided for hired "autos". However, the most we will pay for any expenses for loss of use to any one vehicle is $75 per day, to a total maximum of$1,500. B. The following is added to paragraph 4. Coverage Extensions under section A. Coverage: c. Fire Department Service Charge When a fire department is called to save or protect a covered "auto". its equipment. its contents. or occupants from a covered cause of loss, we will pay up to $1,000 for your liability for fire department service charges assumed by contractor or agreement prior to loss. No deductible applies to this additional coverage. CAU 058(05 19) Includes copyrighted material of the Insurance Services Office, Inc.,with its permission. Page 2 of 4 Copyright 2018 FCCI Insurance Group. QUOTE COMMERCIAL AUTO CAU 058 (05 19) d. Auto Loan/Lease Gap Coverage The following provisions apply: (1) If a long term leased 'auto". under an original lease agreement, is a covered "auto" under this coverage form and the lessor of the covered "auto" is named as an additional insured under this policy, in the event of a total loss to the leased covered "auto', we will pay any unpaid amount due on the lease, less the amount paid under the Physical Damage Coverage Section of the policy: and less any: (a) Overdue lease or loan payments including penalties, interest, or other charges resulting from overdue payments at the time of the"loss (b) Financial penalties imposed under a lease for excessive use, abnormal wear and tear or high mileage, (c) Security deposits not refunded by the lessor; (d) Costs for extended warranties, Credit Life Insurance, Health Accident or Disability Insurance purchased with the loan or lease, and (e) Carry-over balances from previous loans or leases. (2) If an owned "auto' is a covered "auto' under this coverage form and the loss payee of the covered "auto' is named a loss payee under this policy, in the event of a total loss to the covered "auto', we will pay any unpaid amount due on the loan, less the amount paid under the Physical Damage Coverage Section of the policy, and less any; (a) Overdue loan payments at the time of the "loss"; (b) Costs for extended warranties, Credit Life Insurance, Health Accident or Disability Insurance purchased with the loan; and (c) Carry-over balances from previous loans. C. Paragraph 3. under section B. Exclusions is deleted and replaced by the following: 3. We will not pay for"loss' due and confined to: a. Wear and tear, freezing, mechanical or electrical breakdown b. Blowouts, punctures or other road damage to tires This exclusion does not apply to such "loss" resulting from the total theft of a covered "auto'. However. this exclusion does not include the discharge of an airbag in a covered "auto" you own that inflates due to a cause other than a cause of"loss" set forth in Paragraphs A.1.b and A.1.c.but only: a. If that"auto' is a covered "auto' for Comprehensive Coverage under this policy, b. The airbags are not covered under any warranty, and c. The airbags were not intentionally inflated We will pay up to a maximum of$1,000 for any one "loss'. D. Section D. Deductible is deleted and replaced by the following: D. Deductible For each covered "auto', our obligation to pay for, repair, return or replace damaged or stolen property will be reduced by the applicable deductible shown in the Declarations subject to the following: Any Comprehensive Coverage deductible shown in the Declarations does not apply to: (1) "Loss" caused by fire or lightning; and (2) "Loss"arising out of theft of your vehicle if your vehicle is equipped with an active GPS tracking system. CAU 058 (05 19) Includes copyrighted material of the Insurance Services Office. Inc., with its permission. Page 3 of 4 Copyright 2018 FCCI Insurance Group. QUOTE COMMERCIAL AUTO CAU 058(05 19) (3) Glass damage if repaired rather than replaced. SECTION IV—BUSINESS AUTO CONDITIONS is amended as follows: A. The following is added to paragraph a. under section A. Loss Conditions, 2. Duties in the Event of Accident, Claim, Suit or Loss: This duty applies when the "accident", claim, "suit" or"loss" is first known to: (a) You, if you are an individual; (b) A partner, if you are a partnership, (c) An executive officer or insurance manager, if you are a corporation, or (d) A member or manager, if you are a limited liability company. B. Condition 5. Transfer of Rights of Recovery against Others to Us under section A. Loss Conditions is deleted and replaced by the following: 5. Transfer of Rights of Recovery against Others to Us If a person or organization to or for whom we make payment under this coverage form has rights to recover damages from another, those rights are transferred to us. That person or organization must do everything necessary to secure our rights and must do nothing after"accident" or"loss' to impair them. However, if the insured has waived rights to recover through a written contract, or if your work was commenced under a letter of intent or work order, subject to a subsequent reduction in writing of such a waiver with customers whose customary contracts require a waiver, we waive any right of recovery we may have under this coverage form. C. The following is added to Condition 2. Concealment, Misrepresentation or Fraud under section B. General Conditions: However, if you unintentionally fail to disclose any hazards at the inception of your policy, we will not deny coverage under this coverage form because of such failure. This provision does not affect our right to collect additional premium or exercise our right of cancellation or non-renewal. D. Paragraph b. of Condition 5. Other Insurance under section B. General Conditions is deleted and replaced by the following: b. For Hired Auto Physical Damage Coverage, the following are deemed to be covered "autos" you own, (1) Any covered "auto" you lease, hire.. rent or borrow: and (2) Any covered "auto" hired or rented by your"employee" under a contract in that individual "employee's" name, with your permission, while performing duties related to the conduct of your business. However, any "auto" that is leased, hired, rented or borrowed with a driver is not a covered "auto", nor is any "auto" you hire from any of your 'employees", partners (if you are a partnership), members (if you are a limited liability company), or members of their households. CAU 058(05 19) Includes copyrighted material of the Insurance Services Office, Inc.,with its permission. Page 4 of 4 Copyright 2018 FCCI Insurance Group. QUOTE COMMERCIAL AUTOMOBILE CAU 082 (01 15) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AUTOMATIC INSURED - BUSINESS AUTO POLICY PRIMARY/NON-CONTRIBUTING WHEN REQUIRED BY CONTRACT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM This endorsement is subject to the terms, conditions, exclusions and any other provisions of the BUSINESS AUTO COVERAGE FORM or any endorsement attached thereto unless changes or additions are indicated below. For the purpose of this endorsement, Section II.A.1. Who Is An Insured is amended by adding the following: 1. Any person or organization when you and such person have agreed in writing in a contract signed and executed by you prior to the loss for which coverage is sought, that such person or organization be added as an "insured" on your auto policy. Such person or organization shall be an "insured" to the extent your negligent actions or omissions impose liability on such "insured" without fault on its part. 2. This insurance is primary and non-contributory to other liability coverages of the person or organization being added to this policy as an "insured" when so required in a written contract or agreement that is executed prior to the loss for which coverage is sought. CAU 082 (01 15) Includes copyrighted material of the Insurance Services Office, Inc.,with its permission. Page 1 of 1 Copyright 2015 FCCI Insurance Group. QUOTE COMMERCIAL LIABILITY UMBRELLA UMB 179 (07 09) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED PRIMARY / NON CONTRIBUTORY COVERAGE This endorsement modifies insurance provided under the following: COMMERCIAL LIABILITY UMBRELLA COVERAGE PART The following replaces SECTION IV— CONDITIONS, Paragraph 5. "Other Insurance" subsection a.: a. This insurance is excess over and shall not contribute with any of the other insurance, whether primary, excess, contingent or on any other basis. This condition will not apply to insurance specifically written as excess over this Coverage Part. The above will apply to additional insureds unless a written contract specifically requires that this insurance be primary and noncontributing as to the additional insured. The written contract must be currently in effect or become effective during the term of this policy and must be executed prior to the "bodily injury", "property damage" or"personal and advertising injury." When this insurance is excess, we will have no duty under Coverage A or B to defend the insured against any "suit" if any other insurer has a duty to defend the insured against that "suit". If no other insurer defends, we will undertake to do so, but we will be entitled to the insured's rights against all those other insurers. UMB 179(07 09) Includes copyrighted Materials of the Insurance Services Office. Inc with its permission. Page 1 of 1 Copyright 2009 FCCI Insurance Group. QUOTE POLICY NUMBER: UMB 100073517 COMMERCIAL LIABILITY UMBRELLA CU 22 82 06 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. TEXAS WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL LIABILITY UMBRELLA COVERAGE PART SCHEDULE Name Of Person Or Organization: All persons or organizations that, in a written contract executed by both parties prior to the date of the accident or loss covered by this policy, require you to obtain this waiver from us . Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The Transfer Of Rights Of Recovery Against Others To Us Condition under Section IV— Conditions is amended by the addition of the following: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for "bodily injury" or "property damage"arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products-completed op- erations hazard". This waiver applies only to the person or organization shown in the Schedule above. CU 22 82 06 04 © ISO Properties, Inc., 2003 Page 1 of 1 0 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 42 03 04 B (Ed. 6-14) TEXAS WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT This endorsement applies only to the insurance provided by the policy because Texas is shown in Item 3.A. of the Information Page. We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. but this waiver applies only with respect to bodily injury arising out of the operations described in the Schedule where you are required by a written contract to obtain this waiver from us. This endorsement shall not operate directly or indirectly to benefit anyone not named in the Schedule. The premium for this endorsement is shown in the Schedule. Schedule 1. (X) Blanket Waiver Any person or organization for whom the Named Insured has agreed by written contract to furnish this waiver. 2. Operations: All Texas Operations 3. Premium: The premium charge for this endorsement shall be 2 percent of the premium developed on payroll in connection with work performed for the above person(s) or organization(s) arising out of the operations described. 4. Advance Premium: Refer to Premium Calculation Page This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective 10-22-21 Policy No. WCO 100073518 00 Endorsement No. Insured John King Construction LTD Premium $ Included Insurance Company FCCI Insurance Company Countersigned By WC420304B (Ed. 6-14) ©Copyright 2014 National Council on Compensation Insurance, Inc. All Rights Reserved. QUOTE IL 060 (07 13) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET NOTIFICATION TO OTHERS OF CANCELLATION This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM BUSINESS AUTO PHYSICAL DAMAGE COVERAGE FORM BUSINESSOWNERS COVERAGE FORM COMMERCIAL CRIME COVERAGE FORM COMMERCIAL GENERAL LIABILITY COVERAGE PART COMMERCIAL INLAND MARINE COVERAGE PART COMMERCIAL LIABILITY UMBRELLA COVERAGE FORM COMMERCIAL OUTPUT POLICY COMMERCIAL PROPERTY COVERAGE PART FARM COVERAGE PART FARM UMBRELLA COVERAGE FORM GARAGE COVERAGE FORM LIQUOR LIABILITY COVERAGE PART PRODUCT WITHDRAWAL COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART If we cancel this policy for any statutorily permitted reason other than nonpayment of premium we will mail notice of cancellation to any person or organization to whom you have agreed in a written contract that notice of cancellation of this policy will be given, but only if: 1. You send us a written request to provide such notice, including the name and address of such person or organization, after the first Named Insured shown in the Declarations receives notice from us of the cancellation of this policy; and, 2. We receive such written request at least 45 days before the effective date of cancellation. We will mail such notice at least 30 days before the effective date of the cancellation. Irrespective of any of the provisions above, nothing herein is intended to vest any right in the person or organization to be given notice, and said person or organization shall have no rights under this policy if he/it does not receive notice per this endorsement. IL 060(07 13) Copyright 2013 FCCI Insurance Group. Page 1 of 1 QUOTE 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 ORREMOVAL 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 Proiect -The total construction of which the Work to be provided under the Contract Documents may be the whole, or a part, as indicated elsewhere in the Contract Documents. 1.30 Project Manual - That portion of the Contract Documents which may include the following: introductory information; bidding requirements, Contract forms and General and Supplemental General Conditions; General Requirements; Specifications; Drawings; Project Safety Manual; and Addenda. 1.31 Proposal—Proposal of Offeror, on prescribed forms setting forth prices for performing the Work described in the Contract Documents. 1.32 Proposal Documents—The advertisement or invitation for Proposals, Instruction to Offerors, the Proposal form, the Contract Documents and Addenda. 1.33 Resident Project Representative -The authorized representative of E/A who may be assigned to the site or any part thereof. 1.34 Shop Drawings -All drawings, diagrams, illustrations, schedules and other data or information which are specifically prepared or assembled by or for the CONTRACTOR and submitted by the CONTRACTOR as required by the Contract Documents. 1.35 Specifications -Those portions of the Contract Documents consisting of written technical descriptions as applied to the Work, which set forth to the CONTRACTOR, in detail, the requirements which must be met by all 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 roject;.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 51/o of the Contract Amount following the one year warranty period. .3 If the Contract Amount is less than or equal to $25,000, CONTRACTOR will not be required to furnish a Performance Bond; provided that no money will be paid to CONTRACTOR until completion and acceptance of the Work by OWNER under the following terms and conditions: CONTRACTOR shall be entitled to receive 95%of the Contract Amount following Final Completion, and the remaining 5%of the Contract Amount following the one year warranty period. .4 If a Performance Bond is required to be furnished, it shall extend for the one year warranty period. 5.4.3 Payment Bond. .1 If the Contract Amount exceeds $50,000, CONTRACTOR shall furnish OWNER with a Payment Bond in the form set out by OWNER. .2 If the Contract Amount is less than or equal to $50,000, CONTRACTOR will not be required to furnish a Payment Bond; provided that no money will be paid to CONTRACTOR until completion and acceptance of the Work by OWNER under the terms and conditions specified in paragraph 5.4.2.3. 00700 04-2020 Page 15 General Conditions ARTICLE 6 -CONTRACTOR'S RESPONSIBILITIES 6.1 Supervision and Superintendence: 6.1.1 The CONTRACTOR shall supervise, inspect and direct the Work competently and efficiently,devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Contract Documents. Unless otherwise directed by the OWNER in the Contract Documents; the CONTRACTOR shall be solely responsible for the means, methods, techniques, sequences and procedures of construction. The CONTRACTOR shall be responsible to see that the completed Work complies accurately with the Contract Documents. 6.1.2 The CONTRACTOR shall have an English-speaking, competent Superintendent on the Work at all times that work is in progress. Upon request of Owner's Representative, the CONTRACTOR shall present the resume of the proposed Superintendent to Owner's Representative showing evidence of experience and successful superintendence and direction of work of a similar scale and complexity. If, in the opinion of Owner's Representative, the proposed Superintendent does not indicate sufficient experience in line with the Work, he/she will not be allowed to be the designated Superintendent for the Work. The Superintendent shall not be replaced without Written Notice to Owner's Representative. If the CONTRACTOR deems it necessary to replace the Superintendent, the CONTRACTOR shall provide the necessary information for approval, as stated above, on the proposed new Superintendent. A qualified substitute Superintendent may be designated in the event that the designated Superintendent is temporarily away from the Work, but not to exceed a time limit acceptable to Owner's Representative. The CONTRACTOR shall replace the Superintendent upon the OWNER's request in the event the Superintendent is unable to perform to the OWNER's satisfaction. The Superintendent will be the CONTRACTOR's representative on the Work and shall have the authority to act on behalf of the CONTRACTOR. All communications given to the Superintendent shall be as binding as if given to the CONTRACTOR. Either the CONTRACTOR or the Superintendent shall provide an emergency and home telephone number at which one or the other may be reached if necessary when work is not in progress. 6.2 Labor, Materials and Equipment: 6.2.1 The CONTRACTOR agrees to employ only orderly and competent workers, skillful in performance of the type of Work required under this Contract. The CONTRACTOR, Subcontractors, Sub-subcontractors, and their employees may not use or possess any firearms, alcoholic or other intoxicating beverages, illegal drugs or controlled substances while on the job or on the OWNER's property, nor may such workers be intoxicated, or under the influence of alcohol or drugs, on the job. If the OWNER or Owner's Representative notifies the CONTRACTOR that any worker is incompetent, disorderly or disobedient, has knowingly or repeatedly violated safety regulations, has possessed any firearms, or has possessed or was under the influence of alcohol or drugs on the job, the CONTRACTOR shall immediately remove such worker from performing Contract Work, and may not employ such worker again on Contract Work without the OWNER's prior written consent. The CONTRACTOR shall at all times maintain good discipline and order on or off the site in all matters pertaining to the Project. The CONTRACTOR shall pay workers no less than the wage rates established in Section 00900, and maintain weekly payroll reports as evidence thereof. 6.2.2 Unless otherwise specified, the CONTRACTOR shall provide and pay for all materials, equipment, labor, transportation, construction equipment and machinery, tools, appliances, fuel, power, light, heat, telephone, water, sanitary facilities, temporary facilities and all other facilities and incidentals necessary for the furnishing, performance, re-testing of defective work, start-up and completion of the Work. 6.2.3 All materials and equipment shall be of good quality and new (including new products made of recycled materials), except as otherwise provided in the Contract Documents. If required by Owner's Representative, the CONTRACTOR shall furnish satisfactory evidence (reports of required tests, manufacturer's certificates of compliance with material requirements, mill reports, etc.) as to the kind, quantity and quality of materials and equipment. All materials and equipment shall be applied, installed, connected, erected, used, cleaned and conditioned in accordance with instructions of the applicable Supplier, except as otherwise provided in the Contract Documents. 00700 04-2020 Page 16 General Conditions 6.2.4 Substitutes and "Approved Equal" Items: 6.2.4.1 Whenever an item of material or equipment is specified or described in the Contract Documents by using the name of a proprietary item or the name of a particular Supplier, the specification or description is intended to establish the type,function and quality required. Unless the specification or description contains words reading that no like, equivalent or"approved equal" item or no substitution is permitted, other items of material or equipment of other Suppliers may be submitted to Owner's Representative under the following circumstances: .1 "Approved Equal": If, in the OWNER's sole discretion, an item of material or an item of equipment proposed by the CONTRACTOR is functionally equal to that named and sufficiently similar so that no change in related Work will be required, it may be considered by the OWNER as an "approved equal" item, in which case review of the proposed item may, in the OWNER's sole discretion, be accomplished without compliance with some or all of the requirements for evaluation of proposed substitute items. The CONTRACTOR shall provide the OWNER with the documentation required for the OWNER to make its determination. .2 Substitute Items: If, in the OWNER's sole discretion, an item of material or an item of equipment proposed by the CONTRACTOR does not qualify as an "approved equal" item under paragraph 6.2.4.1.1, then it will be considered a proposed substitute item. The CONTRACTOR shall submit sufficient information to allow the OWNER to determine that the item of material or item of equipment proposed is essentially equivalent to that named and a substitute therefor. 6.2.4.2 Substitute Construction Methods and Procedures: If a specific means, method, technique, sequence or procedure of construction is shown or indicated in and expressly required by the Contract Documents, the CONTRACTOR may with prior approval of the OWNER furnish or utilize a substitute means, method, technique, sequence, or procedure of construction. The CONTRACTOR shall submit sufficient information to Owner's Representative to allow the OWNER, in the OWNER's sole discretion, to determine that the substitute proposed is equivalent to that expressly called for by the Contract Documents. 6.2.4.3 OWNER's Evaluation: The OWNER will be allowed a reasonable time within which to evaluate each proposal or submittal made pursuant to paragraph 6.2.4.1.1 and paragraph 6.2.4.1.2. The OWNER will be the sole judge of acceptability. No "approved equal" or substitute shall be ordered, installed, or utilized until the OWNER's review is complete, which will be evidenced by either a Change Order or completion of the Shop Drawing review procedure. The OWNER may require the CONTRACTOR to furnish at the CONTRACTOR's expense a special performance guarantee or other surety bond with respect to any"approved equal"or substitute. The OWNER shall not be responsible for any delay due to review time for any"approved equal" or substitute. 6.2.4.4 CONTRACTOR's Expense: All data to be provided by the CONTRACTOR in support of any proposed "approved equal"or substitute item will be at the CONTRACTOR's expense. 6.2.5 The CONTRACTOR agrees to assign to the OWNER any rights it may have to bring antitrust suits against its Suppliers for overcharges on materials incorporated in the Project growing out of illegal price fixing agreements. The CONTRACTOR further agrees to cooperate with the OWNER should the OWNER wish to prosecute suits against Suppliers for illegal price fixing. 6.3 Progress Schedule: Unless otherwise directed, the CONTRACTOR shall adhere to the progress schedule established in accordance with paragraph 2.6 as it may be adjusted from time to time as provided below: .1 The CONTRACTOR shall submit to Owner's Representative for acceptance proposed adjustments in the progress schedule that will not change the Contract Times or Milestones. Such adjustments will conform generally to the progress schedule then in effect. 00700 04-2020 Page 17 General Conditions .2 Proposed adjustments in the progress schedule that will change the Contract Times or Milestones shall be submitted in accordance with the requirements of Article 12. Such adjustments may only be made by a Change Order or Time Extension Request in accordance with Article 12. 6.4 Concerning Subcontractors, Suppliers and Others: 6.4.1 Assignment: The CONTRACTOR agrees to retain direct control of and give direct attention to the fulfillment of this Contract. The CONTRACTOR agrees not to, by Power of Attorney or otherwise,assign said Contract without the prior written consent of the OWNER. 6.4.2 Award of Subcontracts for Portions of the Work: The CONTRACTOR shall not employ any Subcontractor, Supplier or other person or organization, whether initially or as a substitute, against whom the OWNER may have reasonable objection. The CONTRACTOR must provide the OWNER with a list of all Subcontractors, Suppliers, or other persons or organizations it will use in the Work, and such list must be provided prior to the preconstruction conference. Should the OWNER have objections,the OWNER will communicate such objections by Written Notice. If the OWNER requires a change without good cause of any Subcontractor, person or organization previously accepted by OWNER,the Contract Amount may be increased or decreased by the difference in the cost occasioned by any such change, and an appropriate Change Order shall be issued. The CONTRACTOR shall not substitute any Subcontractor, person or organization that has been accepted by the OWNER, unless the substitute has been accepted in writing by the OWNER. No acceptance by the OWNER of any Subcontractor, Supplier or other person or organization shall constitute a waiver of any right of the OWNER to reject defective Work. 6.4.3 The CONTRACTOR shall enter into written agreements with all Subcontractors and Suppliers which specifically bind the Subcontractors or Suppliers to the applicable terms and conditions of the Contract Documents for the benefit of the OWNER and E/A. The OWNER reserves the right to specify that certain requirements shall be adhered to by all Subcontractors and Sub-subcontractors as indicated in other portions of the Contract Documents and these requirements shall be made a portion of the agreement between the CONTRACTOR and Subcontractor or Supplier. 6.4.4 The CONTRACTOR shall be fully responsible to the OWNER for all acts and omissions of the Subcontractors, Suppliers and other persons and organizations performing or furnishing any of the Work under a direct or indirect contract with the CONTRACTOR just as the CONTRACTOR is responsible for the CONTRACTOR's own acts and omissions. Nothing in the Contract Documents shall create for the benefit of any such Subcontractor, Supplier or other person or organization any contractual relationship between the OWNER and any such Subcontractor, Supplier or other person or organization, nor shall it create any obligation on the part of the OWNER or E/A to pay or to see to the payment of any amounts due any such Subcontractor, Supplier or other person or organization except as may otherwise be required by laws and regulations. 6.4.5 The CONTRACTOR shall be solely responsible for scheduling and coordinating the Work of Subcontractors, Suppliers and other persons and organizations performing or furnishing any of the Work under a direct or indirect contract with the CONTRACTOR. The CONTRACTOR shall require all Subcontractors, Suppliers and such other persons and organizations performing or furnishing any of the Work to communicate with Owner's Representative through the CONTRACTOR. 6.4.6 The divisions and sections of the Specifications and the identifications of any Drawings shall not control the CONTRACTOR in dividing or delineating the Work to be performed by any specific trade. 6.4.7 The CONTRACTOR shall pay each Subcontractor and Supplier their appropriate share of payments made to the CONTRACTOR not later than ten (10) Days after the CONTRACTOR's receipt of payment from the OWNER. 6.5 Patent Fees and Royalties: 6.5.1 The CONTRACTOR shall be responsible at all times for compliance with applicable patents or copyrights encompassing, in whole or in part, any design, device, material, or process utilized, directly or indirectly, in the performance of the Work or the formulation or presentation of its Bid. 00700 04-2020 Page 18 General Conditions 6.5.2 The CONTRACTOR shall pay all royalties•and license fees and shall provide, prior to commencement of Work hereunder and at all times during the performance of same, for lawful use of any design, device, material or process covered by letters, patent or copyright by suitable legal agreement with the patentee, copyright holder, or their duly authorized representative whether or not a particular design, device, material, or process is specified by the OWNER. 6.5.3 The CONTRACTOR shall defend all suits or claims for infringement of any patent or copyright and shall indemnify and save the OWNER harmless from any and all claims, costs, losses, expenses and damages(including but not limited to attorney's fees and consultant fees), direct or indirect, arising with respect to the CONTRACTOR's process in the formulation of its bid or the performance of the Work or otherwise arising in connection therewith. The OWNER reserves the right to provide its own defense,with counsel of its own choosing, to any suit or claim of infringement of any patent or copyright in which event the CONTRACTOR shall indemnify and save harmless the OWNER from all costs and expenses of such defense as well as satisfaction of all judgments entered against the OWNER. 6.5.4 The OWNER shall have the right to stop the Work and/or terminate this Agreement at any time in the event the CONTRACTOR fails to disclose to the OWNER that the CONTRACTOR's work methodology includes the use of any infringing design, device, material or process. 6.6 Permits, Fees: Unless otherwise provided in the Supplemental General Conditions, the CONTRACTOR shall obtain and pay for all construction permits, licenses and fees required for prosecution of the Work. OWNER will obtain and pay for the following permits, licenses and/or fees, if required: .1 Site Development Permit. .2 Building Permit(s). .3 Texas Department of Transportation permit for work in State rights-of-way. .4 Railroad Utility License Agreement. 6.7 Laws and Regulations: 6.7.1 The CONTRACTOR shall give all notices and comply with all laws and regulations applicable to furnishing and performing the Work. Except where otherwise expressly required by applicable laws and regulations, neither the OWNER nor E/A shall be responsible for monitoring the CONTRACTOR's compliance with any laws and regulations. 6.7.2 The CONTRACTOR shall plan and execute its operations in compliance with all applicable Federal, State and local laws and regulations, including those concerning control and abatement of water pollution and prevention and control of air pollution. 6.7.3 If the CONTRACTOR performs any Work that it is contrary to laws or regulations,then the CONTRACTOR shall bear and shall indemnify, defend and hold OWNER harmless from all claims, costs, losses and damages arising therefrom; however, it shall not be the CONTRACTOR's primary responsibility to make certain that the Specifications and Drawings are in accordance with laws and regulations, but this does not relieve the CONTRACTOR of the CONTRACTOR's obligations under Article 3. 6.8 Taxes: 6.8.1 The CONTRACTOR shall pay all sales, consumer, use and other similar taxes required to be paid by the CONTRACTOR in accordance with the laws and regulations of the State of Texas. 00700 04-2020 Page 19 General Conditions 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 BYLAW,AND IN ADDITION TO ANY OTHER OBLIGATIONS OF CONTRACTOR UNDER THE CONTRACT OR OTHERWISE,CONTRACTOR SHALL INDEMNIFY, DEFEND AND HOLD HARMLESS OWNER, ITS COUNCIL MEMBERS , EMPLOYEES, AGENTS, AND CONSULTANTS INCLUDING, BUT NOT LIMITED TO THE 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,ortake 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 itwith 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): Shawn Bacon,AIA Firm: Marmon Mok Address: 1020 NE Loop 410,Suite 201 City, State, Zip: San Antonio,TX 78209 Telephone: 210-223-9492 Facsimile: Email: bacon@marmonmok.00m 1.27 Owner's Representative: Add the following: Name: Dustin Harrison Title. Proiect Manager Address: 221 Commerce Blvd City, State, Zip: Round RockjX78664 Telephone: 512-627-7615 Facsimile: Email: dhardson@roundrocktezasgov 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 AND NO/100 DOLLARS $500000 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-SPECUL 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) h=://www.wdol.jzov/wdol/scafiles/davisbacon/TX33.dvb?v=O Construction Types: Heavy and Highway http://www.wdol.gov/wdol/scafiles/davisbAcon,rfXl6.dvb?v=O 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 02000 PLANS, DETAILS AND NOTES