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Contract - Myers Concrete Construction, LP - 7/10/2025
BID COPY/ORIGINAL CITY OF ROUND ROCK PARKS & RECREATION DEPARTMENT • ROUND ROCK TEXAS Project Manual For: Rock Hollow Park Improvement Project 2025 May, 2025 P` T F It Prepared By: i*• \ % j Waeltz & Prete, Inc. ANTONIO A. PRETE i Civil Engineers 93759 .gt g _ 211 N. A.W. Grimes Blvd. /1;s�oNALs �I4� Round Rock, TX 78665 2.1d-1 APPROVED BY 28ApY25 CI AT TO R N i TBPE Firm Registration No F-10308 — cVD - / � I Rock Hollow Park Improvement Project 2025 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 Bid Form 5 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 6 02000 Plans, Details and Notes Rock Hollow Park- Site Development Plans 8-2016 Table of Contents 00090665 00020 NOTICE TO BIDDERS NOTICE TO BIDDERS Pursuant to the provisions of Texas Government Code,Section 2269.101,it is the intention of the City of Round Rock, Texas ("City"), via this Request for Bids, to select a prime contractor by using the Competitive Bidding Method for the furnishing of all labor, material and equipment and performing of all work for the City project titled Rock Hollow Improvement Project 2025 (project includes stormwater improvements, demolition, concrete flatwork, and revegetation) for the City of Round Rock, Texas ("City"). Online bidding will be utilized via Bonfire at https://roundrocktexas.bonfirehub.com. Online bid services will open for bidding on May 9, 2025 at 8:00 a.m. and close on May 27, 2025 at 10:00 a.m. All bidders shall follow submittal instructions at https://roundrocktexas.bonfirehub.com. Hard copies will not be accepted for this solicitation and all bids shall be submitted online at https://roundrocktexas.bonfirehub.com. Bids results will be publicly opened and read aloud on May 27, 2025 at 11:00 a.m. on Microsoft Teams (Meeting ID: 244 655 114 637 0 Passcode: at92ue23)and will be posted online at https://roundrocktexas.bonfirehub.com after the public bid opening. No bids may be withdrawn after the scheduled opening time. Plans, Bid Forms, Specifications, and Instructions to Bidders may be obtained at https://roundrocktexas.bonfirehub.com/opportunities. Any questions shall be submitted through Bonfire. Bids must be accompanied by an acceptable bid security as outlined in the Instructions to Bidders, payable to the City of Round Rock, Texas, equal to five percent (5%) of the total bid amount. A copy of the bid security MUST be uploaded with bid documents to https://roundrocktexas.bonfirehub.com to be considered responsive. The original bid security document must be provided to the City within three (3)days of a request by the City. In case of ambiguity, duplication, or obscurity in the bids, the City reserves the right to construe the meaning thereof. The City further reserves the right to reject any or all bids and to waive any informalities and irregularities in the bids received. The successful bidder will be expected to execute the City's standard contract and to furnish performance and payment bonds, all as described in the bid documents. Contractors and subcontractors shall pay to laborers, workmen, and mechanics the prevailing wage rates as determined by the City. There is no pre-bid meeting scheduled for this project. Austin American Statesman: May 8, 2025 May 15, 2025 00020 05-2023 Notice to Bidders 4857-7514-4551 Page 1 00100 INSTRUCTIONS TO BIDDERS (E-BID) INSTRUCTIONS TO BIDDERS 1. Prior to submitting any bid, bidders are required to read all drawings (plans), specifications, and all other Project Manual and/or Contract Documents carefully; to inform themselves by their independent research, test and investigation of the difficulties to be encountered and judge for themselves of the accessibility of the Work and all attending circumstances affecting the cost of doing the Work and the time required for its completion and obtain all information required to make a bid. The aforementioned documents may only be obtained from the City's website at the following web address: https://roundrocktexas.bonfirehub.com. 2. Should the bidder find discrepancies in, or omissions from the drawings (plans), specifications, or other Project Manual and/or Contract Documents, or should he be in doubt as to their meaning, he should notify at once the City and obtain clarification or addendum prior to submitting any bid. Any addenda issued will be posted with the documents at the web address mentioned in item 1 above no later than two business days prior to the Bid Opening Date. Prior to submitting a bid,the bidder is responsible for determining if any addenda have been issued and for following any instructions required in any addenda issued. 3. It shall be the responsibility of the bidder to see that his bid is accepted through https://roundrocktexas.bonfirehub.com by the time named in the Notice to Bidders. 4. Bids shall be submitted at https://roundrocktexas.bonfirehub.com. Hard copies will not be accepted for this solicitation. 5. Bidders shall be responsible for submitting a copy of the City's Bid Form, Bid Bond Form, and Statement of Bidder's Safety Experience, and any other required documents posted for the Project at https://roundrocktexas.bonfirehub.com. 6. Bids shall be accompanied by a bid security consisting of a certified cashier's check in an amount not less than five percent (5%) of the total maximum bid price, payable without recourse to the City of Round Rock, or bid bond in the same amount from a reliable surety company, as a guarantee that the bidder will enter into a contract and execute performance and payment bonds, as stipulated by item 16 below, within ten(10) days after notice of award of contract to him. A copy of the bid security must be scanned and uploaded with the bid documents and the original must be submitted in an envelope to the City's Project Manager within three days of request by the City. Bids submitted without a bid security may not be considered at the sole discretion of the City. The City will accept electronic performance and payment bonds if they are in compliance with all requirements set forth in this item 16. Page 1 00100 2-2021 Instructions to Bidders 4896-6117-2004 7. If awarded the bid, bidder must submit Form 1295 on the Texas Ethics Commission (TEC) Website at https://www.ethics.state.tx.us/whatsnew/elf info form1295.htm and submit the signed Form 1295 to the City Clerk at afranklin(a roundrocktexas.gov within ten(10) business days of notification of the award. Instructions for completing a Form 1295 are attached as Exhibit"A" to the Instructions to Bidders. 8. No conditional bids will be accepted. 9. A bidder wishing to withdraw his bid prior to the scheduled bid opening time may do so at https://roundrocktexas.bonfirehub.com. 10. A bidder wishing to revise his bid after prior to the scheduled bid opening time may do so at https://roundrocktexas.bonfirehub.com. No revisions to a bid will be allowed after the scheduled bid opening time. The bidder shall be responsible for ensuring the amount of the bid security is as specified in the Instructions to Bidders. 11. All bid securities will be returned to the respective bidders within twenty-five(25) days after bids are opened, except those which the City elects to hold until the successful bidder has executed the Agreement. Thereafter, all remaining securities, including security of the successful bidder,will be returned within sixty(60) days. 12. Until the award of the contract, the City reserves the right to reject any and all bids and to waive technicalities; to advertise for new bids; or to do the work otherwise when the best interest of the City will be thereby promoted. 13. In case of ambiguity or lack of clarity in the statement of prices in the bids,the City reserves the right to consider the most favorable analysis thereof, or to reject the bid. Unreasonable and/or unbalanced prices submitted in a bid may result in rejection of such bid or other bids. 14. Award of the contract, if awarded, will be made based upon the criteria set forth in Section 2269.055 of the Texas Government Code. In determining the award of a contract under Chapter 2269, the City may consider; 1) the price; 2) the bidder's experience; 3) the quality of the bidder's goods or services;4)the impact on the ability of the City to comply with rules relating to historically underutilized business; 5) the bidder's safety record; 6) the bidder's proposed personnel; 7)whether the bidder's financial capability is appropriate to the size and scope of the project;and 8)any other relevant factor specifically listed in the request for bids. 15. Award of the contract, if awarded, will be made within sixty (60) days after opening of the bids, and no bidder may withdraw his bid within said sixty (60) day period of time unless a prior award is made. A Notice to Proceed will be issued within sixty(60) days after contract Execution Date as defined in the General Conditions. 16. Within ten(10)days after written notification of award of the contract, the successful bidder must furnish a performance bond and a payment bond in the amount of one hundred percent (100%)of the total Contract Amount. Said performance bond and payment bond shall be from an approved surety company holding a permit from the State of Texas, indicating it is Page 2 00100 2-2021 Instructions to Bidders 4896-6117-2004 authorized and admitted to write surety bonds in this state. In the event the bond exceeds $100,000.00, the surety must also (1) hold a certificate of authority from the United States secretary of the treasury to qualify as a surety on obligations permitted or required under federal law; or(2) have obtained reinsurance for any liability in excess of$100,000.00 from a reinsurer that is authorized and admitted as a reinsurer in this state and is the holder of a certificate of authority from the United States secretary of the treasury to qualify as a surety or reinsurer on obligations permitted or required under federal law. In determining whether the surety or reinsurer holds a valid certificate of authority, the City may rely on the list of companies holding certificates of authority as published in the Federal Register covering the date on which the bond is to be executed. The City will accept electronic performance and payment bonds if they are in compliance with all requirements set forth in this item 16. 17. Failure to execute the Agreement within ten (10) days of written notification of award or failure to furnish the performance bond and payment bond as required by item 16 above, shall be just cause for the annulment of the award. In case of annulment of the award, the bid security shall become the property of the City,not as a penalty,but as liquidated damages. 18. No contract shall be binding upon the City until it has been signed by its Mayor after having been duly authorized to do so by the City Council. 19. The Contractor shall not commence Work under the Agreement until he has furnished certification of all insurance required and such has been approved by the City, nor shall the Contractor allow any Subcontractor to commence work on his subcontract until proof of all similar insurance that is required of the subcontractor has been furnished and approved. The Contractor's insurer shall use the certificate of insurance form included in the bid documents or the standard ACORD form. 20. If the bidder's insurance company is authorized, pursuant to its agreement with bidder, to arrange for the replacement of a loss, rather than by making a cash payment directly to the City, the insurance company must furnish or have furnished by bidder, a performance bond in accordance with Section 2253.021(b), Texas Government Code, and a payment bond in accordance with Section 2253.021(c). 21. Any quantities given in any portion of the Bid Documents, including the drawings (plans), are estimates only, and the actual amount of work required may differ somewhat from the estimates. The basis for payment shall be the actual amount of work done and/or material furnished as specified in the General Conditions. 22. Bids shall be submitted on a separated contract basis.No Texas sales tax shall be included in the prices bid for materials consumed or incorporated into the Work. This contract is issued by an organization which is qualified for exemption pursuant to the provisions of Section 151.309(5) of the Texas Tax Code. The City will issue an exemption certificate to the Contractor. The Contractor must then issue a resale certificate to the material supplier for Page 3 00100 2-2021 Instructions to Bidders 4896-6117-2004 materials purchased. The Contractor must have a valid sales tax permit in order to issue a resale certificate. Upon obtaining consumable materials, the Contractor will issue a resale certificate in lieu of payment of sales tax, and the following conditions shall be observed; 1) The Contractor will transfer title of consumable, but not incorporated, materials to the City at the time and point of receipt by the Contractor; 2) The Contractor will be paid for these consumable materials by the City as soon as practicable. Payment will not be made directly but considered subsidiary to the pertinent bid item. The Contractor's monthly estimate will state that the estimate includes consumables that were received during the month covered by the estimate; and 3) The designated representative of the City must be notified as soon as possible of the receipt of these materials so that an inspection can be made by the representative. Where practical,the materials will be labeled as the property of the City. 23. The Contractor,after execution of the contract and pursuant to Internal Revenue Service(IRS) regulations, shall furnish its Taxpayer Identification Number (TIN) to the City. The Contractor shall provide the appropriate information on a W-9 form (which can be provided by the City upon request). This form shall be submitted directly to the City's Accounts Payable Department to ensure security of the information. 24. If the Bid Form includes Add and/or Deduct Alternate bid items and/or otherwise provides for Alternate bids, the City will determine whether to select or not select one or more of the Add and/or Deduct Alternate bid items and/or Alternate bids at the City's sole discretion and for its greatest advantage. If the City selects any Add and/or Deduct Alternate bid items, the total bid amount will be determined by adding the amount of the selected Add Alternate(s)to and deducting the amount of the selected Deduct Alternate(s) from the Base Bid or the selected Alternate bid. Page 4 00100 2-2021 Instructions to Bidders 4896-6117-2004 EXHIBIT "A" FORM 1295 INSTRUCTIONS 1295 Instructions 1295s are located on the Texas Ethics Commission (TEC)website. Please follow these links to view instructions for creating an account and creating a 1295 certificate. • Log into the TEC website and electronically file and submit Form 1295 • Print, sign,scan, or sign electronically,then email the City Clerk at 1295request@roundrocktexas.gov • 1295 must be emailed within 5 business days of receiving notice to stay on the current Council agenda Texas Government Code Sec. 2252.908 requires that prior to a contract being voted on (awarded) by City Council, business entities must disclose interested parties by submitting Form 1295 Certificate of Interested Parties to the Texas Ethics Commission (TEC). 1295 is required when a contract: • requires an action or vote by the governing body of the entity or agency before the contract may be signed; or • has a value of at least$1 million; • is for services that would require a person to register as a lobbyist under Chapter 305. Exemptions: • a contract with a publicly traded business entity,including a wholly owned subsidiary of the business entity; (please notify us at 1295request@roundrocktexas.gov if this is the case) • an interagency contract of a state agency or an institution of higher education; • a contract related to health and human services if: - the value of the contract cannot be determined at the time the contract is executed; and - any qualified vendor is eligible for the contract; • a contract with an electric utility, as that term is defined by Section 31.002, Utilities Code; or • a contract with a gas utility,as that term is defined by Section 121.001, Utilities Code. Voidable contract— HB 1817 Update - effective June 9, 2023 Sec. 2252.908 (f-1) a contract described by Subsection (b) entered into by a governmental entity or state agency is voidable for failure of the business entity to provide the disclosure of interested parties required by this section only if: • the governmental entity or state agency submits to the business entity written notice of the business entity's failure to provide the required disclosure; and • the business entity fails to submit to the governmental entity or state agency the required disclosure on or before the 10th business day after the date the business entity receives the written notice under Subdivision (1) For assistance with creating an account or logging into TEC, contact Technical Assistance. For other questions, contact Ann Franklin, City Clerk, at afranklin@roundrocktexas.gov. Revised 10/17/2023—M.Spinks Page 1 of 1 00200 BID BOND BID BOND THE STATE OF TEXAS § § KNOW ALL BY THESE PRESENTS: COUNTY OF WILLIAMSON § That Myers Concrete Construction, LP of the City of _ Wmberley County of Hays State of Texas as Principal, and Suretec Insurance Company authorized under the laws of the State of Texas to act as surety on bonds for principals,are held and firmly bound unto the CITY OF ROUND ROCK,TEXAS("Owner"), in the penal sum of Five Percent(5%)of the total amount of the Bid of the Principal submitted to the Owner, for the Work described below; for the payment whereof,well and truly to be made, and the said Principal and Surety do herby bind themselves and their heirs, administrators, executors, successors and assigns, jointly and severally,as follows: In no case shall the liability of the Surety hereunder exceed the sum of( Five Percent of Greatest Amount Bid Dollars($ 5%of G.A.B. ). 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 Rock Hollow Park Improvement Project 2025 for which Bids are to be opened at the office of Owner on the 27th day of May ,20 25 . 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 attomey's fee to be fixed by the Court. IN WITNESS WHEREOF, the said Principal and Surety have signed this instrument on this the 27th day of the month of May 20 25 . Myers Concrete Construction, LP Suretec Insurance Company PrincipalL.l�./iw Surety Jennifer Webb Printed Name Printed Name By: By: W Title: PrV.1c,r.� /G Title: ttorney-in-F Address: 2301 FM 3237 Address: 2103 CityWest Blvd., Suite 1300 Wmberley, TX 78676 Houston,TX 77042 00200 4-2020 Page 1 Bid Bond 00443638 Resi t Agent of Signature Scott Burton Printed Name 225 W. Hopkins Street Address San Marcos,TX 78666 City, State,Zip Page 2 00200 4-2020 Bid Bond 00443638 VO l»: BID BOND SureTec Insurance Company LIMITED POWER OF ATTORNEY Know All Men by These Presents, That SURETEC INSURANCE COMPANY (the "Company"), a corporation duly organized and existing under the laws of the State of Texas, and having its principal office in Houston, Harris County, Texas, does by these presents make,constitute and appoint Scott Burton,Shawn Claibome,Jennifer Webb its true and lawful Attorney-in-fact,with full power and authority hereby conferred in its name,place and stead,to execute,acknowledge and deliver any and all bonds, recognizances, undertakings or other instruments or contracts of suretyship to include waivers to the conditions of contracts and consents of surety for,providing the bond penalty does not exceed Ten Million and 00/100 Dollars($10,000,000.00) and to bind the Company thereby as fully and to the same extent as if such bond were signed by the President,sealed with the corporate seal of the Company and duly attested by its Secretary,hereby ratifying and confirming all that the said Attorney-in-Fact may do in the premises. Said appointment is made under and by authority of the following resolutions of the Board of Directors of the SureTec Insurance Company: Be it Resolved, that the President,any Vice-President,any Assistant Vice-President,any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attorney(s)-in-Fact to represent and act for and on behalf of the Company subject to the following provisions: Attorney-in-Fact may be given full power and authority for and in the name of and of behalf of the Company,to execute, acknowledge and deliver,any and all bonds,recognizances,contracts,agreements or indemnity and other conditional or obligatory undertakings and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attorney-in-Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary. Be it Resolved,that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile,and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached. (Adopted at a meeting held on 206 of April, 1999.) In Witness Whereof,SURETEC INSURANCE COMPANY has caused these presents to be signed by its President,and its corporate seal to be hereto affixed this tan day of August , A.D. 2024 . SU'RA..iF SURETEC INSURANCE COMPANY .-ir'.�A q By: w w ♦ i b Michael C. K mig, President 7S, 1 as State of Texas ss: *"". , { County of Harris .,... On this lath day of August , A.D. 2024 before me personally came Michael C.Keimig,to me known,who,being by me duly sworn,did depose and say,that he resides in Houston,Texas,that he is President of SURETEC INSURANCE COMPANY,the company described in and which executed the above instrument;that he knows the seal of said Company;that the seal affixed to said instrument is such corporate seal;that it was so affixed by order of the Board of Directors of said Company;and that he sigr�elde id+Attm.ttrereto by like order. i*;e< \ GC/f\ � = Chelsea Turner,Notary Public 'Ss My commission expires July 6,2028 �a E Or �,y... i I,M.Brent Beaty,Assistant Secretary of SURETEC MSUk I '�rereby certify that the above and foregoing is a true and correct copy of a Power of Attorney,executed by said Company,which is Sf ►n 011/fa 2 A effect;and furthermore,the resolutions of the Board of Directors,set out in the Power of Attorney are in full force and effect. .......1,1 1, Given under my hand and the seal of said Company at Houston, Texas this 27th day of May , 2025 ,A.D.MM. rent Beaty, ssistant cretary Any instrument issued in excess of the penalty stated above is totally void and without any validity. 422123s For verification of the authority of this power you may call(713)812-0800 any business day between 8:30 am and 5:00 pm CST. SureTec Insurance Company THIS BOND RIDER CONTAINS IMPORTANT COVERAGE Statutory Complaint Notice To obtain information or make a complaint: You may call the Surety's toll free telephone number for information or to make a complaint at: 1-866-732-0099. You may also write to the Surety at: SureTec Insurance Company 9500 Arboretum Blvd., Suite 400 Austin, TX 78759 SIC OS Rider Non-TX Claims Notice rev 07_2022 Page 1 of 1 00300 BID FORM BID FORM - (Revised 23May2025) PROJECT NAME: Rock Hollow improvement Project 2025 PROJECT LOCATION: Round Rock, Texas OWNER: City of Round Rock, Texas DATE: May 8, 2025 Pursuant to the foregoing Notice to Bidders and Instructions to Bidders, the undersigned bidder hereby Rock Hollow Park Improvement Project 2025 and binds himself on acceptance of this bid to execute the Agreement and bond for completing said Work Any addenda issued will be posted with the Project Manual and/or Contract Documents on the City's website at roundrocktexas.gov/solicitations by the close of business on May 23, 2025 . Prior to submitting a bid, the bidder is responsible for determining if any addenda have been issued and for following any instructions in any addenda issued. Bidder acknowledges receipt of the following Addenda by listing Addendum "number" and "date". 6725/Zta BASE BID Approx. Bid Quantit Item Description Item v Unit and Written Unit Price Unit Price Amount cf 1 1 LS Total Mobilization Payment II complete in place er plans and specs ✓ for C-;x Tkaa+w13r dollars and cents. G (47.2 I` (-17Z 2 243 CY Unclassified Street Excavation. Plan Quantity, (Ref. Technical Specification, Item 6 - "City of Round Rock Standard Specification Modifications") complete in place per plans and specs for (&,tI LI- dollars F. ,�. and Z � cents. OP 1 3`t Revised 23May2025) 00300-9-2015 I . ,, , I Bid Form BASE BID Approx. Bid Quantit Item Description Item y Unit and Written Unit Price Unit Price Amount 3 235 CY Embankment, Plan Quanitity, (Ref. Technical Specification, Item 6- "City of Round Rock Standard Specification Modifications") / complete in place per plans and specs for r r ! Ci K dollars and ` '7cro cents. zit /4810 4 565 LF Tree Protection, Type A Chain Link complete in place per plans and specs for Z x lttw dollars up- and 7-4.rig' cents. J 5 1,090 LF Silt Fence for Erosion Control complete in place per plans and specs for it dollars and 2c .•a cents. 12 -- 13/ 0 8° 6 10 LF Rock Beim c nplete in place per plans and specs _ for U tti 1 1 itsi+ OGk- dollars and ..e vim cents. /0I 1/0/0 41 7 1 EA Stabilized Construction Entrance co7r4 pletplace er plans and spc f r T Wu"' :144 ;ti dollars .' and I N cents. 5/02 c• 3/ vz4. (Revised 23A1ay2025) 00300-9-2015 Page 2 of 4 Bid Form BASE BID Approx. Bid Quantit Item Description Item v Unit and Written Unit Price Unit Price Amount J 14_500 SY Hydro Seeding for Erosion Control complete in place per plans and specs _ for 0 w'- dollars Jand 'Lcr a cents. I /Lim 9 3.345 SF P.C. Concrete Sidewalk, (4" Thick) complete in place per plans and specs for IK•4-1v4. dollars ew coo and ? cents. 1 Z' 610l MO I 0 I EA Accessible Ramp c m le place per plans and specs J for * i CiX} Ili! dollars oo cw and '?.1.w cents. 2 G�G 2 Gge' I I 60 LF 10'x3' CIP Box Culvert, including excavation, bedding, backfill, subgrade prep, and all appurtenences complete in place per plans and specs jor Ovt., 1.6.04. &Kw„( J- Qym— dollars o' and 71..ti cents. It O) ( (C D60 12 12 CY P.C. Concrete Wing Wall for Box Culvert including excavation, bedding, backfill, subgrade pret, and all appurtenences comp�e�e in lace per plans and specs _ for ( ►i .,� N JJ f4.. dollars o. and 2uit, cents. liq9 s 17 /(io (Revised 23May2025) 00300-9-20I 5 Page 3 of 4 Bid Forni BASE BID Approx. Bid Quanta Item Description Item Unit and Written Unit Price Unit Price Amount 6 UV P.C. Concrete Rip-Rap (5" thick) com lee 'n place per plans and specs fir 04, �i,„4„.1 r ,.s i E frIollars `land ? cents. ( 3 25 7 Tt i3 t� I-i I LS Removal of Playground Area, including removal of playground equipment, Conc. Curb wall & Sidewalk, gravel, trash bins, benches, signs, and all appurtenences completei place per plans and specs pr�th T E5 ft+dollars �� and cents. D 87$� 0 878 2 l � It d 15 132 LF Pedestrian Handrail Type 'B', and all appurtenences _ complet in place per plans and specs Ito►- (,,,,o r, ,s dollars a., 0 and Zero cents. 1 St 16 4,365 SF Removal Concrete Flat Work, (Sidewalk/Curb Ramp & Spillway) complete in place per plans and specs for hp tA r dollars sio c -' J and ?era cents. q 17 ziCG (Revised 23May2025) 00300-9-2015 Page 4 of 4 Bid Fomi Did not use Rev Bid Form from last page. TOTAL BASE BID (Items I that 15 ) ZG a/ $ . 00 Materials: ZL� oSo� All Other Charges: Zq Z. ZZ'. J * Total: 2 . fit10-{. * Note: This total must be the same amount as shown above for "Total Base Bid" If this bid is accepted, the undersigned agrees to execute the Agreement and provide necessary bonds and insurance certification as per the Instructions to Bidders. The undersigned certifies that the bid prices contained in the hid have been carefully checked and are submitted as correct and final. The Owner reserves the right to reject any or all bids and may waive any informalities or technicalities. Respectfully Submitted, 21 rdLl -7 ignature Glad r " ( Ik78�7� Print Name Address s; C44--kctiA"-'- �Jt Z `-{'7 — U Title Telephone A.1.si i (OiALPPI, Cporc) " L e Name of Firm 57Wc2- Date Secretary, if Bidder is a Corporation 00200-9-2015 Page 5 of 5 Bid Form 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 tined 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: itlr6>vte.wtSt- C0- Address: 23'6 f''I'1 `5233 tAi 71r Phone: S 5�17 79°Oc3 Completed by: C'iw,dw £ I,^'-13 Date: Si Z7 /LS— I. Does the company have a written construction Safety program? Yes ❑No 2. Does the company conduct construction safety inspections? [Yes ❑No 3. Does the company have an active construction safety-training program? E es ❑No 4. Has the company been fined by OSHA for any willful safety violations in the past ❑Yes CJ 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, ❑ems ❑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 es ONo ❑N/A B. Excavation yes ONo ❑N/A C. Cranes 'es ❑No ❑N/A D. Electrical [ 'es ONo ❑N'A E. Fall Protection es ONo ❑N/A F. Confined Spaces Yes ONo ❑N/A I hereby certify that the above information is true and correct. Signature Title - [1-7 2--- _- Page 1 00410 8-2014 Statement of Bidder's Safety Experience 1)0090654 OSHA's Form 300 ,Rev. 04/2004) Note:You can type input into this form and save it. to Because the forms in this recordkeeping package are"fillable/writable" employee Attention:hTealsth form contains information in a relating at Log of Work-Related PDF documents,you can type into the input form fields and pmtects the e con and must be used in a manner et protects confidentiality io employees the extent Year 20 23 then save your inputs using the free Adobe PDF Reader.In addition, possible while the information is being used for Injuries and Illnesses the forms are programmed to auto-calculate as appropriate. occupational safety and health purposes. U.S. Department of Labor Occupational Safely and H••llh Administration Please Record: Reminders: Poem approved OMB no.12 n1-11170 •Information about every work-related death and about every work-related injury or illness that involves loss of •Complete on Injury and Illness Incident Report(OSHA Form 301)or equwalent consciousness,restricted work activity or job transfer,days away from work,or medical treatment beyond first aid. form for each injury or illness recorded on this form.If you're not sure whether Estabishak,nf nano Myers Concrete Construction LP •Significant work-related injuries and illnesses that are diagnosed by a physician or licensed health care professional. COSC is recordable,call your loCaIOSHAoffice for help. •Work-related injuries and illnesses that meet any of the specific recording criteria listed in 29 CFR Part 1904.8 Feel free to use two lines for a single case if you need to. Through 1904.12. •Complete the 5 steps for each case. Cfy Wimberley StateTX Step 1.Identify the person Step 2.Describe the case Step 3.Classify the case Step 4. Step 5. SELECT ONLY ONE circle based on the (A) (B) (C) (D) (E) (F) most serious outcome: Enter the number of t A., 4:mpltiyee•s name .lob title Date of injury Where the event occurred Describe injury or illness,parts of body days fhe tiered or ill Select one column: Oo. (c.g..Weider/ or onset of rr..e..Loading dock north end) affected,and object/substance that worker was: innwitaiimn illness directly injured or nude person ill(e.g.. Remained at Work ie g .711) Second degree hums tin ri4lll/or.drn,(runt llhtess ucrp•lenc torch) Days away Job transfer Other record Away On Job (M) Death from work or restriction able cases from transfer or (V) (HI (I) (J) work reslnction •• r ,a 7- 5 Reset iKii. 3 `s (1) (2) (3) (4) (5) (6) Rays —days 000000 mraah clay Reset 00000C - —. monm,day __Rays _day, Reset 0 0 0 0 00000 C - -- —- - month 1 day _nays days Reset / 0 0 0 0 - motth f nay days — _days 0 0 00 0 C Reset I— 0 0 0 0 --- month•day _days _nays O 0 000 C Reset — - / 0 0 0 0 toys _day s 00 000 C ma.,day ResetJ 0 O 0 0 _nays __nays 00000c --- month lday Reset --- / 0 0 0 0 _oars _oars month'day 0 0 00 0 C Reset_ I _ / 0 0 0 0 days _days 0 000 00 -- - Moms i day Reset f 0 00 0 --- moth!day - _day, _days 0 0 00 0 C I•uhhc reporting burden for dm collation of...aum is estimated in average N minutes per region.,me It Aug lime to sewn the ' 0 0 0 0 0 0 0 0 0 0 0 0 instructions.search and vi gather the data needed,and complete and review the collecnmt el intimation Persons are nor reword i0 Page totals m.o.to the r0lleenoti of mfomahui unless it displays a currently valid(MD conmi mintier It war have any comments show tic.. Add a Form Page ciao. .or am air....is is of the data collect.,contact US tkpaarnent.d labor,i)s11A nllice of statistical Analysis,hone, Be sure to transfer these totals to the Summary page(Form 300.4)before you post itC.;. 0 g N•trs.l.200 I'onshnmm�Avenue.NW.Washington,Ix'20210 Do not send the completed hone to this otftcc _ m 3 3 +-1I v 3 ,sy <- H (t) (2) (3) (4) (5) (6) OSHA's Form 300A (Rev.04/2004) Note:You can type input into this form and save it. Because the forms in this recordkeeping package are"fellable/writable" Year 20 23 PDF documents,you can type into the input form fields and Summary of Work-Related Injuries and Illnesses then save your inputs using the free Adobe PDF Reader. U.S.Department of Labor -- -A.-"�- -. Occupational Safety and Need.Administration All establishments covered by Part 1904 roust complete This Form approved OMR no.1215.0176 Summary page,even if no work-related injuries or illnesses occurred during the year. Remember to review the Log to verify that the entries are complete and accurate before completing this summary. Using the Log,count the individual entries you made for each category. Then write the totals below,making sure you've added the entries from every page of the Log.If you had no cases,write•"0." Establishment information Employees,former employees,and their representatives have the right to review the OSHA Form 300 in its entirety. They also have limited access to the OSHA Form 301 or its equivalent.See 29 CFR Part 1904.35,in OSHA's recordkeeping rule,for further details on the access provisions for Coo,oslabliah,nen,name Myers Concrete Construction these forms. sueei 2301 FM 3237 Number of Cases city Wimberley l otoI number of 'I (ISI number of Total number of cases Total number of state Tx Zip7$676 deaths cases with clays with job transfer or other recordable away from work Industry description(e.g.,Manufacture of motor mirk trailers) restriction cases 0 0 0 0 Concrete Construction (G) (Hy (I) (J) North American Industrial Classification(NAICS),ifknown(e.g.,t 3f,21'I 238110 Number of Days Employment information(If you don't have these figures,see the Total number of days 'Total number of days of tr,,rk.cheei on the next page'r in estimate.) away front work job transfer or restriction 0 0 Annual average number of employees 41 (K) IL) Total hours worked by all employees last year 127,970.00 Sign here Injury and Illness Types Knowingly falsifying this document may result in a fine. Total number of .. (M) I ccrtity that I have examined this document and that to the best of (1)Injuries O (4) Poisonings O my knowledge the entries arc true,accurate,and complete. (2)Skin disorders 0 (5) I!caring loss 0 Company executive Tide (3) Respiratory conditions 0 (6) All other illnes,e, 0 Phone Date Post this Summary page front February 1 to April 30 of the year following the year covered by the form. Pullin rep,mmg burden for this collection,,,m6nin.nnn is estimated to average Sg minutes per response,including lime to review the instructions,search and gather the data needed,and complete ant revmw the collection of ml,nnaoon Persons ate not,colored to respond to the collen Ion tat rn iamanon unless it displays a currently valid(15111 control nnnsher If you have any comments alum'these estimates or any oilier aspeels of this data cotlecbnn,contact ills Department of tabor,(NIA(101ce of Stanctical Analysis.Rerun S•ib.W.2110 comtrmumn Avenue,SW, Washington.IX'20210 Ili,nor send the completed lion to Om office OSHA's Form 300A (Rev (14,20114I Note:You can type input into this form and save it. f` _ SummaryBea)usc the dorm ^ s in this recordkeeping package are'tillable/writable- Year 20 3 of Work-Related Injuries and Illnesses PDFthen documents.you can type Into the Input form fields and ! ve your inputs Using the fray Adobe POF Reader. U.S. Department of Labor Ut,...moon,Safely and Nral,n Allnun.tlrrl'en All establishments covered by Part 1904 must complete this Summary page.even if no work-related injuries or recesses occurred Airing the year Remember to review the Log to verily that the entries are complete and accurate before completing this summary °n'•nrl••..Jt"nI-,VIVO'''. Using the Log,count the individual entries you made for ouch category. Then write the totals below.making su•e you've added the entries from - every page of the Log.if you had no cases.write i0.- Errployees.former employees,and their representatives nave the right to review the OSHA Form 300 in ifs entirety. They also have limited access Establishment information to the OSHA Form 301 or its equivalent.See 29 CFR Pan 1904 35.in OSHA's rernrrikeeping fuk.for further details on the access provisions for .nM,,,w,,,,nn,.n,n.M. (nose forms Myers Concrete Construction LP Number of Cases stria 2301 FM 3237 Total number of Total number of Total number of rises 1•,,,.Wimberley TX �,p 78676 deaths eases with daysTotal number of stair with pub transfer nr oilier recordable away(min work restriction Indnamy ikscripnnn id AldMIlhlenil'of motor tool troffer,I cases Concrete Construction 0 0 0 0 (G) (H) 0) — (J) Ninth American ImIllor,al ClassiGuulm CNAICS).ifknown laic.336212) Number ofDays �2�3�8�1�1�0� Taal number of dJ Total number o)daye of Employment information Of inn don''haw these fifmrrs.air Mr awavfromiiofk µihIfxliSlefarIesti-10t n II'er1chivenN the nettpref•/uiNltrnnit1 0 Annual average numher nt employees 41 (k) iLl Total hours worked by all employers Iasi year 96•770-00 Injury and tunes s Types Sign here Total ttutn of... Knossiugly falsifying this diccument may result in a fine. Pe) 111 Injuries 0 I ecru y that I hale examined this documentth and that In e best o1 (4) Poisonings 0 my 1 ode•the entries arc true.accurate.and complete. 12)Skin disorders 00 \ i. ,✓r �; •�" (5) Hearing loss Ciimpany exccuttvyf Title (3)Respiratory conditions 0 0 512-847-8000 (61 All other illnesses Phone 01/0212024 -__ Dec Post this Summary page from February 1 to April 30 of the year following the year covered by the form. Reset 1•uhhc,Taming Ponhn fro Ion collection of Mlnntwn,n n cntmaard In narrnyc!h n"mne, a the Inwu,bunt.a v,n an!paint'O4n ni,'t welled an.l rn/ddoc and tev' the coll.taM el mlotmainn Prnaan,ass mx pa nnhduon(fli l.iv n comment,slates line MIMah'L N M)onto n, topcoat'h,tea,'und Ma the a„14e1nri in er l isul A Utakaa n,h,,,ll Yv tl ewt(nll,vwl.l n\111 cunt n.l tawr,n 11 sow ha...Wwi)onWaM.DC;O;IO n..mw., meet.in tnnaal l'slk)ann.,y'd 1Alr'r li�IlAl)ni.tul\,vnl+rl an+h•,n.knnan\.)rya.+tn(on.Mua'•.na „ \U' send ann'meet rompa•ton nona n, r OSHA's Form 300 (Rev. 04/2O04) Note!You can type Input into this form and save it. Log of Work-Related Because the!army to this recordkeepm employee This form containsb information relating to pDr nocunaents.you can I q ackage are 7dhahle;wntable" employee health and must be used in a manner that w I then save y type Into the input form bolds and protects the confidentiality of employees to the extent Year 20 23 Injuries and Illnesses the forms are r inputs nprammed the free Adob�je as aRe der.In addition. used for possihle while the information is being occupational safety and health purposes. U.S. Department of Labor Please Record: - oerup•nan•r s.f.ry.*d Health aan.,nr.r.Ne,r PleaseRecobout eye rywwA•rrfnlyddrnfbnrNlalNlur every wwl,arluledvgnryorillrN•strlullmvuhesMasn/ Reminders: . •Complete an consciousness.lrff/le,edl/1011l winery or jab Ildnllr/,Pays n,n. from wOIk.Or medico( beyond t„ll aid oin,for each roomy O IIrey and ne,,recorded onsr;'lariat%Form vn,,re got tort wnrfh[r f. 1^nw.rplw/Constructiont I;4/411'r • 0•etlrlorth l! Serif-wont work•rebtrdinar,es and Merl ti,a are dmgnrlted byn phyurrnn w Scenvd health care prnlefuonm cart is rr;ordaoln•r h lalay.uvnwnr ram., Myers Concrete LP •Wor4•rClolMinjunH and fllnetsrl that meet any 0(that a your local OSHA office for aryl through 1901.17. [IerlfK rr[ar?rnq nnom L Lard in in c!N Part 10019 •Fref!•rr to use two titles la n angle cote if you mind lo. •Complete the S Steps kw each case. [n„Wimberley TX Step 1.Identify the person Sfop,2.Doscnbe the case (A) f0j IC) (o) (0) T17T][f1. I:xe I.mplm'tr'a name Job 011r (F1 t1iL�sillr Enter the nunlbos of nn. natr or m)un SS'hrrt the error.knnflrll I)tnrrlhe,njm r or Moss,.pares nl had, - rc g.If,d,!.,l or nnsrl nl Icy l.rn.hne,/.m f nt,ne end/ affected,and nhjeceauha,anee roar days Me Inured or ill SeMcl one column fline,t woreer was n,• dketlh iejun.lm made peraon ill lap -.- -• . . . WO Sr.'nr,iS y lee •rr, Remained at Woe r r4'rr r,s•ler y,rrurm tarn• IYtrn, w en Mne mot III bars Job uanaq. s 0a aln rremwer .t,r•t ncrlen tither revere- 11waY On tub (M) I- I nor r• tlw of L. 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Jo 'sasodJnd yl(eey pue r(la;es)euo[)edn03o eJeudojdde se eJelmleaolne w peulwej6old we swJoJ ayJ „, �-� )pasn 6ulaq Si uollewlo)ul ayl allym alglssod 'uo(1(ppe u 1e easessau ue sa_�.Jnfu, ZZ �Z•/gad lualxa au;of saar(o dwa o I ei ua uoa a s as old l p a dad egopy ow)ayJ buisn slndul JnoA ones uayl i 1 AI 3 py yl l 3 pue splay uuo)lndul ate olw edA ueo nor('sluewnaop dad /7a;elaam}I,�OM - ley!Jauuew e ul pesn eq lsnw pue&Meer aar(oldwa ,elgelUMielgepy.we ee f" o Doi of 6ugelal uopeuuo)ul suieluoa two s( e)loed e113 ow!and situ u(suuo)ayJ esneoeg Cii-,i)) J yl:uo�><ue>t>}y l!ones pue si47 ow!Jndu�ad.(l uoa noA:aJory ('0oZ/l0'nael) 000 LUJOJ s,VHSO OSHA s Form 300A (Rev.01/2004) Note:You can type input into this form and save it. i l;. Because the forms in this recordkeeping package are'fillable/writable• Year 20�� \• t l PDF documents,you can form fields Summary of Work-Related Injuries and Illnesses yourinputs using the free Reader p then save in u U.S.Department of Labor nceupsl/anal safety and Haelth AdmNls4AtIon All establishments covered byPart 1904 must complete this SummaryForm epp ns ed OMB no 12111,1176 p page,even ifno work-related injuries or illnesses occurred during the year. Remember to review the Log to verify that the entries are complete and accurate before completing this summary. Using the Log,count the individual entries you made for each category. Then write the totals below,making sure you've added the entries from Establishment information every page of the Log.If you had no cases, write'0.' v...r..t.wishna.m n.,n. Myers Concrete Construction LP Employees,former employees,and their representatives have the right to review the OSHA Form 300 in its entirety. They also have limited access to the OSHA Form 301 or its equivalent.See 29 CFR Part 1904.35,in OSHA's recordkeeping rule,for further details on the access provisions for 2301 FM 3237 these forms. Street Number of Cases City Wimberley State TX Zip 78676 Industry description(e.g..MansOciam of moose hick millers) Total number of Total number of Total number of cases Total number of Concrete Construction deaths cases with days with job transfer or other recordable away from work restriction cases Standard Industrial Classification(SIC),If known(e.g.,37/s) L/ O C) (J 5200 (G) (H) (I) (J) OR North American Industnal Classification(NAICS),if known(e.g.,336212) Number of Days Total number of days Total number of days of job Employment information(/J yoti don't hove these figures.see the away from workwork transfer or restriction Workshec(on the next pog,e(o ecnmalr.) v (_) Annual average number of employees 45 (K) (L) Total hours worked by all employees last year 144683 Injury and Illness Types Sign here Total number of... Knowingly falsifying this document may result In a fine. (M) /l (I)Injuries U (4) Poisonings l/ I certif.that I have amined this document and that to the best of my k wlcdge the tries arc true,accurate,and comlete. (2)Skin disorders U (5) Hearing loss U L (J�1 /1�J Company exec velel Title (3) Respiratory conditions U (8) All other illnesses v Phone 5-/L - 747 _ 4060 Date 01 l 0, l .7083 Post this Summary page from February 1 to April 30 of the year following the year covered by the form. Save Input Public;cporting burden for this colkcuon of Information is ntinrotcd to mange So minute.per responu including time to,evku the matnmonas.search end gather the dais needed.and complete end!MCA,the collection of Information Persons arc not required m respond to the colkcuon of infomutmn mikes n drspin e it eurn:sty valid Ohta control number If you ha,a am comments about then estimates or not°thct aspects of this data collection.confer.US Depaament of Lain,.OSI IA Office of Smirsiteal Ana's its,Room N•1644.Hot('onstitincm Atomic.NW. Washington,IX 21121u no not iced the completed forms to this office 00500 AGREEMENT City of Round Rock, Texas Contract Forms Standard Form of Agreement: Section 00500 City of Round Rock, Texas Standard Form of Agreement between Owner and Contractor AGREEMENT made as of the ( 1 (th)day of �,��L.�- in the year 20 Zc BETWEEN the Owner: City of Round Rock,Texas(hereafter"Owner"or"City") 221 East Main Street Round Rock,Texas 78664 and the Contractor Myers Concrete Construction,LP ("Contractor") 2301 FM 3237 Wimberley,TX,United States-78676 The Project is described as: Rock Hollow Park Improvement Project 2025 The Engineer is: Antonio A.Prete,P.E. Waeltz&Prete,Inc. 211 N.A.W.Grimes Blvd. Round Rock,TX 78665 For and in consideration of the mutual terms, conditions and covenants of this Agreement and all accompanying documents between Owner and Contractor, the receipt and sufficiency of which are hereby acknowledged,Owner and Contractor agree as follows: ARTICLE I THE CONTRACT DOCUMENTS The Contract Documents consist of this Agreement,Conditions of the Contract(General,Supplementary and other Conditions), Drawings,Specifications,Addenda issued prior to execution of this Agreement,other documents listed in this Agreement and Modifications issued after execution of this Agreement;these form the Contract,and are as fully a part of the Contract as if attached to this Agreement or repeated herein. The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations,representations or agreements, either written or oral.An enumeration of the Contract Documents,other than Modifications,appears in Article 7. ARTICLE 2 THE WORK OF THIS CONTRACT Contractor shall fully execute the Work described in the Contract Documents,except to the extent specifically indicated in the Contract Documents to be the responsibility of others. 00500 4-2020 Page 1 of 5 Standard Form of Agreement 00443647 ARTICLE 3 DATE OF COMMENCEMENT;DATE OF SUBSTANTIAL COMPLETION;DATE OF FINAL COMPLETION 3.1 The date of commencement of the Work shall be the date of this Agreement unless a different date is stated below or provision is made for the date to be fixed in a Notice to Proceed issued by Owner. 3.2 The Contract Time shall be measured from the date delineated in the Notice to Proceed. 3.3 Contractor shall commence Work within Ten ( 10 ) calendar days from the date delineated in the Notice to Proceed. 3.4 Contractor shall achieve Substantial Completion of the items of Work listed on Attachment A to this Agreement no later than One Hundred Twe ( 120 )calendar days from issuance by Owner of Notice to Proceed, and Contractor shall achieve Substantial Completion of the entire Work no later than One Hundred Twenty ( 120 )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 hundred and No/100 Dollars($ 500.00 ) for each calendar day that Substantial Completion is delayed after the date(s) specified for Substantial Completion. It is hereby agreed that the liquidated damages to which Owner is entitled hereunder are a reasonable forecast of just compensation for the harm that would be caused by Contractor's failure to achieve Substantial Completion of the Work(or any portion thereof)on or before the date(s)specified for Substantial Completion in the Agreement and is not a penalty. It is agreed that the harm that would be caused by such failure, which includes loss of expected use of the Project areas,provision of alternative storage facilities and rescheduling of moving and occupancy dates, is one that is incapable or very difficult of accurate estimation. It is hereby agreed that if Substantial Completion of the Work(or any portion thereof)is not achieved on or before thirty(30)days after the date(s) specified for Substantial Completion in the Agreement, the Owner shall have the option to either collect liquidated damages as set forth herein or to thereafter rely on its remedies under the Contract Documents and at law and in equity, including without limitation, the recovery of actual damages. The date(s) specified for Substantial Completion of the Work(or any portion thereof)in the Agreement shall be subject to adjustment as provided in the Contract Documents. 3.6 Contractor shall achieve Final Completion of the entire Work no later than One Hundred Fifty ( 150 )calendar days from issuance by Owner of Notice to Proceed. ARTICLE 4 CONTRACT SUM 4.1 Owner shall pay Contractor the Contract Sum in current funds for Contractor's full and complete performance of the Work and all of Contractor's obligations under this Agreement. The Contract Sum shall be Two hundred sixty-eight thousand three hundred four dollars and zero cents ($268, 304.00 ),subject to additions and deductions as provided in the Contract Documents. 4.2 Does the Contract Sum include alternates which are described in the Bid Form? No X . Yes .If yes,please provide details below: N Pc L. L 00500 4-2020 Page 2 of 5 Standard Form of Agreement 00443647 CERTIFICATE OF LIABILITY INSURANCE Instruction Sheet 1. CERTIFICATE OF LIABILITY INSURANCE FORM The City of Round Rock's Certificate of Liability Insurance form provided herein or a standard ACORD form. 2. PRODUCER and INSURED - Please list name, address,phone number and e-mail. 3. COMPANIES AFFORDING COVERAGE — TDI number required. The TDI number can be obtained from the Texas Dept of Insurance Website: http://www.tdi.state.tx.us/. —Company Lookup. Note: Exception to this rule.In certain instances where there is unusual risks involved,Surplus Lines Insurance Carriers can be used.Below are the guidelines: a. Insurance Company does not have to be"licensed in Texas",but they do have to be"eligible for a Texas license." Please verify with the Texas Dept of Insurance Website:http://www.tdi.state.tx.us/.—Company Lookup b. Policy has to be written by licensed surplus lines Agent. Also verify with the Texas Dept of Insurance Website:http://www.tdi.state.tx.us/-Agent Lookup 4. TYPES OF INSURANCE COVERAGE— CONSTRUCTION CONTRACT: Please double check the General Conditions and the Supplemental General Conditions for the types and amounts of insurance required. The Supplemental General Conditions usually state the following: a. Business Automobile Liability Insurance b. Workers' Compensation and Employers' Liability Insurance c. Commercial General Liability Insurance d. Builders' Risk Insurance — (Generally required for all "vertical" construction. Check with Project Manager for requirements.) FOR ALL OTHER CONTRACTS, PLEASE REFER TO THE INSURANCE SECTION FOR TYPE OF INSURANCE REQUIRED. (For example Engineering Service Contracts usually require "professional liability insurance".) 5. EFFECTIVE DATE & EXPIRATION DATE Please make sure dates are current. 6. City of Round Rock must be listed on the Certificate of Insurance as an additional insured (except Workers Compensation and Builders Risk). 7. Certificate must indicate that the insurance Company must give the City of Round Rock notice of any changes, cancellation , etc. at least thirty(30) days prior to date of change. 8. Make sure Certificate is signed by an Agent Licensed in the State of Texas, this can also be found on the Texas Department of Insurance website—www.tdi.state.tx.us—Agent Lookup. PERFORMANCE BOND THE STATE OF TEXAS § Bond No:4479727 § KNOW ALL BY THESE PRESENTS: COUNTY OF WILLIAMSON § That Myers Concrete Construction, LP , of the City of Wimberley County of Hays , and State of Texas , as Principal, and Suretec Insurance Company authorized under the law of the State of Texas to act as surety on bonds for principals, are held and firmly bound unto the CITY OF ROUND ROCK,TEXAS (Owner), in the penal sum of Two hundred sixty-eight three hundred four dollars and zero cents Dollars ($268,304.00 ) for the payment whereof, well and truly to be made the said Principal and Surety bind themselves, and their heirs, administrators, executors, successors and assigns,jointly and severally,by these presents: WHEREAS, the Principal has ntered into a certain written Agreement with the Owner dated the / y day of , 20'5-to which the Agreement is hereby referred to and made a part hereof as fully an to the same extent as if copied at length herein consisting of: Rock Hollow Park Improvement Project 2025 NOW, THEREFORE, THE CONDITIONS OF THIS OBLIGATION IS SUCH, that if the said Principal shall faithfully perform said Agreement and shall, in all respects, duly and faithfully observe and perform all and singular the covenants, conditions and agreements in and by said Agreement, agreed and covenanted by the Principal to be observed and performed, including but not limited to, the repair of any and all defects in said work occasioned by and resulting from defects in materials furnished by or workmanship of,the Principal in performing the Work covered by said Agreement and occurring within a period of twelve (12) months from the date of Final Completion and all other covenants and conditions, according to the true intent and meaning of said Agreement and the Plans and Specifications hereto annexed,then this obligation shall be void; otherwise to remain in full force and effect; PROVIDED, HOWEVER,that this bond is executed pursuant to the provisions of Chapter 2253, Texas Government Code, as amended, and all liabilities on this bond shall be determined in accordance with the provisions of said Chapter 2253 to the same extent as if it were copied at length herein. Page 1 00610 4-2020 Performance Bond 00443639 PERFORMANCE BOND(continued) Surety, for value received, stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Agreement, or to the Work performed thereunder, or the Plans, Specifications, or drawings accompanying the same, shall in anywise affect its obligation on this bond,and it does hereby waive notice of any such change,extension of time,alteration or addition to the terms of the Agreement, or to the work to be performed thereunder. If Principal fails to faithfully perform said Agreement, Surety, after receipt of written notice of Principal's default,shall perform all of Principal's duties and obligations under the Agreement. If, within ten (10) days after receipt of such notice from Owner, Surety does not commence to complete the obligations of Principal with a contractor acceptable to Owner and diligently complete the performance of the Principal's duties and obligations, Owner shall have the right but not the obligation to have the duties and obligations of Principal performed. In such event, Surety shall pay to Owner,upon demand,all costs, expenses and damages sustained by Owner as a result of Principal's failure to perform its duties and obligations under the Agreement up to the total sum of this Performance Bond, plus all costs and expenses, including attomey'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 29th day of July , 20 25 . Myers Concrete Construction, LP Suretec Insurance Company Principal Surety GJasE 13s��,•J Shawn Claiborne Printed Name Printed Name By: � c � � N.fJ Tit e: bPGCaoK Yvvamik(-,CK Title: Attorney-in-Fact Address: 2301 FM 3237 Address: 2103 CityWest Blvd., Suite 1300 Wimberley,TX 78676 Houston,TX 77042 R dent Agent of Surety: Signature Scott Burton Printed Name 225 W. Hopkins Street Address San Marcos,TX 78666 City, State& Zip Code Page 2 00610 4-2020 Performance Bond 00443639 PAYMENT BOND THE STATE OF TEXAS § Bond No:4479727 § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF WILLIAMSON § That Myers Concrete Construction,LP , of the City of Wimberley County of Hays , and State of Texas ,as Principal, and Suretec Insurance Company authorized under the laws of the State of Texas to act as Surety on Bonds for Principals,are held and firmly bound unto the CITY OF ROUND ROCK, TEXAS (OWNER), and all subcontractors, workers, laborers, mechanics and suppliers as their interest may appear, all of whom shall have the right to sue upon this bond, in the penal sum of Two hundred sixty-eight three hundred four dollars and zero cents Dollars($ 268,304.00 ) 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 ntered into a certain written Agreement with the Owner,dated the /l day of , 20ZTo which Agreement is hereby referred to and made a part hereof as fully an to the same extent as if copied at length herein consisting of: Rock Hollow Park Improvement Project 2025 NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall well and truly pay all subcontractors, workers, laborers, mechanics, and suppliers, all monies to them owing by said Principals for subcontracts,work, labor,equipment,supplies and materials done and furnished for the construction of the improvements of said Agreement, then this obligation shall be and become null and void;otherwise to remain in full force and effect. PROVIDED, HOWEVER,that this bond is executed pursuant to the provisions of Chapter 2253, Texas Government Code, as amended, and all liabilities on this bond shall be determined in accordance with the provisions of said Chapter 2253 to the same extent as if it were copied at length herein. Page 1 00620 04-2020 Payment Bond 00437699 PAYMENT BOND (continued) Surety, for value received, stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Agreement, or to the Work performed thereunder, or the plans, specifications or drawings accompanying the same shall in anywise affect its obligation on this bond,and it does hereby waive notice of any such change,extension of time, alteration or addition to the terms of the contract,or to the work to be performed thereunder. IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this Instrument this 29th day of July , 20 25. Myers Concrete Construction, LP Suretec Insurance Company Principal Surety G14f.sa— Shawn Claiborne Printed Name Printed Name By< 0 By: �ti 2 � Cca - Y-.1A Title: OP aT I 0145 N,.a in Title: Attorney-in-Fact Address:2301 FM 3237 Address: 2103 CityWest Blvd., Suite 1300 Wimberley,TX 78676 Houston, TX 77042 R s dent Agent of S Signature Scott Burton Printed Name 225 W.Hopkins Street Address San Marcos,TX 78666 City, State&Zip Code Page 2 006201-2020 Payment Bond 00090656 POA#: 4479727 SureTec Insurance Company LIMITED POWER OF ATTORNEY Know All Men by These Presents, That SURETEC INSURANCE COMPANY (the "Company"), a corporation duly organized and existing under the laws of the State of Texas, and having its principal office in Houston, Harris County, Texas, does by these presents make,constitute and appoint Scott Burton, Shawn Claibome,Jennifer Webb its true and lawful Attorney-in-fact,with full power and authority hereby conferred in its name,place and stead,to execute, acknowledge and deliver any and all bonds, recognizances, undertakings or other instruments or contracts of suretyship to include waivers to the conditions of contracts and consents of surety for,providing the bond penalty does not exceed Ten Million and 00/100 Dollars($10,000,000.00) and to bind the Company thereby as fully and to the same extent as if such bond were signed by the President, sealed with the corporate seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorney-in-Fact may do in the premises. Said appointment is made under and by authority of the following resolutions of the Board of Directors of the SureTec Insurance Company: Be it Resolved, that the President, any Vice-President,any Assistant Vice-President,any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attomey(s)-in-Fact to represent and act for and on behalf of the Company subject to the following provisions: Attorney-in-Fact may be given full power and authority for and in the name of and of behalf of the Company, to execute, acknowledge and deliver,any and all bonds,recognizances,contracts,agreements or indemnity and other conditional or obligatory undertakings and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attorney-in-Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary. Be it Resolved, that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile,and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached. (Adopted at a meeting held on 20'h of April, 1999.) In Witness Whereof, SURETEC INSURANCE COMPANY has caused these presents to be signed by its President,and its corporate seal to be hereto affixed this 16th day of August , A.D. 2024 SURETEC INSURANCE COMPANY 4+y Ftant... � `, By: w w I $ Michael DCPresident cri Air co 7r•`t1 State of Texas ss: ~w4;: _/ County of Harris On this isth day of August , A.D. 2024 before me personally came Michael C.Keimig,to me known,who,being by me duly sworn,did depose and say,that he resides in Houston,Texas,that he is President of SURETEC INSURANCE COMPANY,the company described in and which executed the above instrument;that he knows the seal of said Company;that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said Company;and that he sigrOthi6+Alm4,t4ereto by like order. " (.1) Chelsea Turner,Notary Public ;r � �; My commission expires July 6,2028 •.,0E OF '�•' • I,M.Brent Beaty,Assistant Secretary of SURETEC INSUIUjIE�C17p`fiereby certify that the above and foregoing is a true and correct copy of a Power of Attorney,executed by said Company,which is S!' xt 8�1/10r@ effect;and furthermore,the resolutions of the Board of Directors,set out in the Power of Attorney are in full force and effect. .'"i...''' Given under my hand and the seal of said Company at Houston, Texas this 29th day of July , 2025 , A.D. M. rent Beaty, ssistant cretary Any instrument issued in excess of the penalty stated above is totally void and without any validity.4221235 For verification of the authority of this power you may call(713)812-0800 any business day between 8:30 am and 5:00 pm CST. SureTec Insurance Company THIS BOND RIDER CONTAINS IMPORTANT COVERAGE Statutory Complaint Notice To obtain information or make a complaint: You may call the Surety's toll free telephone number for information or to make a complaint at: 1-866-732-0099. You may also write to the Surety at: SureTec Insurance Company 9500 Arboretum Blvd., Suite 400 Austin, TX 78759 SIC OS Rider Non-TX Claims Notice rev 07_2022 Page 1 of 1 , l ® DATE(MM/DD/YYYY) 4��o CERTIFICATE OF LIABILITY INSURANCE 07/29/2025 IT CD S A MTFAN ONLYE A CONFERS R CERTIFICATE HISERTIFICATE DOES IS NOT ISSUE AFFIRMATIVELY OREROF NEGATIVELY INFORMATION AO MEND, XTENDND OR ALTERNO THE RIGHTS COVERAGE UPON THE AFFORDED BYCERTIFICATE THEHOLDE POLICIES.THIS BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. II rtife ADDITIONAL IUR , e policy(ies) s hav ADDITIONAL INSURED provisions or be endorsed. 1k IfMP SUBROGATIONRTANT: Ifth IS Wce AIV icatED,subject is toan the termsDTIONA and conditionsNS ED of th the policy,cemurtaint policiese may ION require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). CONTACT Jennifer Webb NAME: BenchmaRODUCERrk Insurance Group,Inc. PHONE(A/C,No,Ext): (512)754-2700 FAX (A No): (512)754-2717 AIL 225 West Hopkins ADDRESS: JWebb@Benchmark-Ins.com DO Box 1687 INSURER(S)AFFORDING COVERAGE NAIC# ISan Marcos TX 78667-1687 INSURERA: Cincinnati Insurance Companies 10677 ENSURED INSURER B: Texas Mutual Insurance Company 22945 • Myers Concrete Construction,LP INSURER C: Endurance American Insurance Company 10641 2301 FM 3237 INSURER D: INSURER E Wmberley TX 78676 INSURER F: OVERAGES CERTIFICATE NUMBER: CL2542405944 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 WTH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TOALLTHE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. SR TYPE OF INSURANCE ADDL SUER POLICY NUMBER POLICY EFF POLICY EXP LIMITS t TR INSD WVD (MM/DDIYYYY) (MMIDD/YYYY) X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS-MADE X OCCUR PREM SES(a occurrence) $ 500,000 MED EXP(Any one person) $ 10,000 Y Y ENP0533937 04/25/2025 04/25/2026 PERSONAL&ADVINJURY $ 1,000,000 GEN'LAGGREGI�ATE LIMIT APPLIES PER. GENERAL AGGREGATE $ 2,000,000 POLICY n PRO- LOC PRODUCTS-COMP/OPAGG $ 2,000,000 JECT OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 (Ea accident) X ANY AUTO BODILY INJURY(Per person) $ A OWNED ��SCHEDULED Y Y EBA 0533937 04/25/2025 04/25/2026 BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY (Per accident) $ X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 3,000,000 A EXCESS LIAB ^ CLAIMS-MADE Y Y ENP 0533937 04/25/2025 04/25/2026 AGGREGATE $ 3,000,000 DED X RETENTION$ 0 _ $ WORKERS COMPENSATION X PER OTH STATUTE ER AND EMPLOYERS'LIABILITY Y/N 1,000,000 I B ANY PROPRIETOR/PARTNEDREIN CUTIVE N N/A Y 0001156496 04/25/2025 04/25/2026 E.L.EACH ACCIDENT $ OFICER/MEMBER EXCLUDED? (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under 1,000,000 DESCRIPTION OF OPERATIONS belo.� E.L.DISEASE•POLICY LIMIT $ Each Occurrence 5,000,000 Excess Liability-Follow Form C Y Y EXC30036390602 04/25/2025 04/25/2026 Aggregate 5,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached If more space is required) IProjelak Improvnject City ofct:RoundRock Ho Rock,low TexasPr and all partiesemetPro required2025 by written contract are named as additional insureds on all policies except workers compensation and a Waiver of Subrogation in favor of same,per blanket forms attached.A blanket waiver of subrogation applies on the Work Comp. General Liability is Primary and Non-Contributory.Commercial Umbrella follows form according to the terms,conditions,and endorsements found in the policy. 30 days notice will be Iprovided to the certificate holder if the company cancels the policy prior to the expiration date for any reason other than non-payment of premium. CERTIFICATE HOLDER CANCELLATION ISHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN City of Round Rock,Texas ACCORDANCE WITH THE POLICY PROVISIONS. I221 East Main Street AUTHORIZED REPRESENTATIVE Round Rock TX 78664 h 1X ( I �tl� taAPMCV ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CinciPlus® BUSINESS AUTO XC+® (EXPANDED COVERAGE PLUS) ENDORSEMENT This endorsement modifies insurance provided by the following: BUSINESS AUTO COVERAGE FORM With respect to the coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement. A. Blanket Waiver of Subrogation This provision does not apply unless the valid SECTION IV - BUSINESS AUTO CONDI- written contract has been: TIONS, A. Loss Conditions, 5. Transfer of 1. Executed prior to the accident causing Rights of Recovery Against Others to Us is "bodily injury"or"property damage"; and amended by the addition of the following: 2. Is still in force at the time of the "accident" We waive any right of recovery we may have causing "bodily injury" or "property dam- against any person or organization because of age". payments we make for "bodily injury" or "property damage"arising out of the operation D. Employee Hired Auto of a covered "auto" when you have assumed 1. Changes in Liability Coverage liability for such "bodily injury" or "property damage" under an "insured contract", provid- The following is added to the SECTION II ed the "bodily injury" or"property damage" oc- - LIABILITY COVERAGE, A. Coverage, curs subsequent to the execution or the "in- 1.Who is an Insured: sured contract". An "employee" of yours is an "insured" B. Noncontributory Insurance while operating an "auto" hired or rented SECTION IV - BUSINESS AUTO CONDI- under a contract or agreement in that "employee's" name, with your permission, TIONS, B. General Conditions, 5. Other In- while performing duties related to the surance c. is deleted in its entirety and re- conduct of your business. placed by the following: 2. Changes in General Conditions c. Regardless of the provisions of Par- agraph a. above, this Coverage SECTION IV - BUSINESS AUTO CON- Form's Liability Coverage is primary DITIONS, B. General Conditions, 5. and we will not seek contribution Other Insurance is deleted in its entirety from any other insurance for any lia- and replaced by the following: bility assumed under an "insured contract" that requires liability to be b. For Hired Auto Physical Damage assumed on a primary noncontributo Coverage the following are deemed ry basis. to be covered "autos"you own: C. Additional Insured by Contract (1) Any covered "auto" you lease, hire, rent or borrow; and SECTION II - LIABILITY COVERAGE, A. Coverage, 1. Who is an Insured is amended (2) Any covered "auto" hired or to include as an insured any person or organi rented by your "employee" under zation for whom you have agreed in a valid a contract in that individual "em written contract to provide insurance as of ployee's" name, with your per forded by this policy. mission, while performing duties related to the conduct of your This provision is limited to the scope of the business. valid written contract. Includes copyrighted material of ISO AA 288 06 20 Properties, Inc.. with its permission. Page 1 of 4 However, any "auto" that is leased, a. Is effective on the date of acquisition hired, rented or borrowed with a driver or formation, and is afforded for 180 is not a covered "auto". days after such date; E. Audio, Visual and Data Electronic Equip- b. Does not apply to "bodily injury' or ment "property damage" resulting from an SECTION III - PHYSICAL DAMAGE COV- "accident" that occurred before you acquired or formed the organization; ERAGE, C. Limit of Insurance is amended by adding the following: c. Does not apply to any newly acquired or formed organization that is a joint 4. The most we will pay for all "loss" to au- venture or partnership; and dio, visual or data electronic equipment and any accessories used with this d. Does not apply to an insured under equipment as a result of any one "acci- any other automobile liability policy or dent" is the lesser of: would be an insured under such a policy but for the termination of such a. The actual cash value of the dam- policy or the exhaustion of such poli- aged or stolen property as of the time cys limits of insurance. of the"accident"; 3. Any of your "employees" while using a b. The cost of repairing or replacing the covered "auto" in your business or your damaged or stolen property with oth- personal affairs, provided you do not own, er property of like kind and quality; or hire or borrow that"auto". c. $2,500. G. Liability Coverage Extensions - Supple- Provided the equipment, at the time of the mentary Payments -Higher Limits "loss" is: SECTION II - LIABILITY COVERAGE, A. a. Permanently installed in or upon the Coverage, 2. Coverage Extensions, a. Sup- covered "auto" in a housing, opening plementary Payments is amended by: or other location that is not normally 1. Replacing the $2,000 Limit of Insurance used by the "auto" manufacturer for for bail bonds with $4,000 in (2); and the installation of such equipment; 2. Replacing the $250 Limit of Insurance for b. Removable from a permanently in- reasonable expenses with S500 in (4). stalled housing unit as described in Paragraph 2.a.above; or H. Amended Fellow Employee Exclusion c. An integral part of such equipment. SECTION II - LIABILITY COVERAGE, B.F. Who is an Insured -Amended Ex- clusions, 5. Fellow Employee is modified as follows: SECTION II - LIABILITY COVERAGE, A. Exclusion 5. Fellow Employee is deleted. Coverage, 1. Who is an Insured is amended by adding the following: I. Hired Auto - Physical Damage The following are "insureds": If hired "autos" are covered "autos"for Liability Coverage, then Comprehensive and Collision 1. Any subsidiary which is a legally incorpo- Physical Damage Coverages as provided un- rated entity of which you own a financial der SECTION III - PHYSICAL DAMAGE interest of more than 50% of the voting COVERAGE of this Coverage Part are ex- stock on the effective date of this cover- tended to "autos" you hire, subject to the fol- age form. lowing: However, the insurance afforded by this 1. The most we will pay for "loss" to any provision does not apply to any subsidiary hired "auto" is $50,000 or the actual cash that is an "insured" under any other au- value or cost to repair or replace, which- tomobile liability policy or would be an "in- ever is the least, minus a deductible. sured" under such policy but for termina- tion of such policy or the exhaustion of 2. The deductible will be equal to the largest such policy's limits of insurance. deductible applicable to any owned "auto" for that coverage, or $1,000, whichever is 2. Any organization that is newly acquired or less. formed by you and over which you main- tain majority ownership. The insurance 3. Hired Auto - Physical Damage coverage provided by this provision: is excess over any other collectible insur- ance. Includes copyrighted material of ISO AA 288 06 20 Properties, Inc., with its permission. Page 2 of 4 4. Subject to the above limit, deductible, and K. Transportation Expense-Higher Limits excess provisions we will provide cover- SECTION III - PHYSICAL DAMAGE COV- age equal to the broadest coverage appli- cable to any covered "auto" you own in- ERAGE, A. Coverage, 4. Coverage Exten- sured under this policy. sions is amended by replacing $20 per day with $50 per day, and $600 maximum with Coverage includes loss of use of that hired au- $1,500 maximum in Extension a. Transpor- to, provided it results from an "accident" for tation Expenses. which you are legally liable and as a result of which a monetary loss is sustained by the L. Airbag Coverage leasing or rental concern. The most we will SECTION III - PHYSICAL DAMAGE COV- pay for any one"accident"is $3,000. ERAGE, B. Exclusions, 3.a. is amended by If a limit for Hired Auto - Physical Damage is adding the following: shown in the Schedule, then that limit replac- However, the mechanical and electrical es, and is not added to, the $50,000 limit indi- breakdown portion of this exclusion does not cated above and the deductibles shown in the apply to the accidental discharge of an airbag. Schedule are applicable. This coverage for airbags is excess over any J. Rental Reimbursement other collectible insurance or warranty. SECTION III - PHYSICAL DAMAGE COV- M. Loan or Lease Gap Coverage ERAGE is amended by adding the following: 1. SECTION III - PHYSICAL DAMAGE 1. We will pay for rental reimbursement ex- COVERAGE, C. Limit of Insurance is penses incurred by you for the rental of deleted in its entirety and replaced by the an "auto"because of a "loss"to a covered following, but only for private passenger "auto". Payment applies in addition to the type"autos"with an original loan or lease, otherwise applicable amount of each coy- and only in the event of a 'total loss" to erage you have on a covered "auto". No such a private passenger type"auto": deductible applies to this coverage. a. The most we will pay for"loss" in any 2. We will pay only for those expenses in- one"accident"is the greater of: curred during the policy period beginning (1) The amount due under the terms 24 hours after the "loss" and ending, re- of the lease or loan to which gardless of the policy's expiration, with your covered private passenger the lesser of the following number of type "auto"is subject, but will not days: include: a. The number of days reasonably re- (a) Overdue lease or loan pay- quired to repair the covered "auto". If ments; "loss" is caused by theft, this number of days is added to the number of (b) Financial penalties imposed days it takes to locate the covered under the lease due to high "auto"and return it to you; or mileage, excessive use or b. 30 days. abnormal wear and tear; a ent is limited to the lesser of the (c) Security deposits not re- 3. Our p funded by the lessor; following amounts: a. Necessaryand actual expenses in- (d) Costs for extended warran- pties, Credit Life Insurance, curred; or Health, Accident or Disabil- b. $50 per day. ity Insurance purchased with the loan or lease; and 4. This coverage does not apply while there are spare or reserve "autos" available to (e) Carry-over balances from you for your operations. previous loans or leases, or 5. We will pay under this coverage only that (2) Actual cash value of the stolen amount of your rental reimbursement ex- or damaged property. penses which is not already provided for b. An adjustment for depreciation and under SECTION III - PHYSICAL DAM- physical condition will be made in de- AGE COVERAGE, A. Coverage, 4. termining actual cash value at the Coverage Extensions. time of"loss". Includes copyrighted material of ISO AA 288 06 20 Properties, Inc., with its permission. Page 3 of 4 2. SECTION V - DEFINITIONS is amended P. Unintentional Failure to Disclose Hazards by adding the following, but only for the SECTION IV - BUSINESS AUTO CONDI- purposes of this Loan or Lease Gap Coverage: TIONS, B. General Conditions, 2. Conceal- ment, Misrepresentation or Fraud is 'Total loss" means a "loss" in which the amended by adding the following: cost of repairs plus the salvage value ex- ceeds the actual cash value. However, if you unintentionally fail to disclose any hazards existing on the effective date of N. Glass Repair-Waiver of Deductible this Coverage Form, we will not deny cover- SECTION III - PHYSICAL DAMAGE COV- age under this Coverage Form because of ERAGE, D. Deductible is amended by adding such failure. the following: Q. Mental Anguish Resulting from Bodily Inju- No deductible applies to glass damage if the ry glass is repaired in a manner acceptable to us SECTION V - DEFINITIONS, C. "Bodily inju- rather than replaced. ry" is deleted in its entirety and replaced by the following: O. Duties in the Event of an Accident, Claim, Suit or Loss-Amended "Bodily injury" means bodily injury, sickness or IV - BUSINESS AUTO CONDI- disease sustained by a person, including men- SECTIONtal anguish and death sustained by the same TIONS, A. Loss Conditions, 2. Duties in the person that results from such bodily injury, Event of Accident, Claim, Suit or Loss, a. is sickness or disease. "Bodily injury" does not amended by adding the following: include mental anguish or death that does not This condition applies only when the "acci- result from bodily injury, sickness or disease. dent"or'loss"is known to: R. Coverage for Certain Operations in Con- 1. You, if you are an individual; nection with Railroads 2. A partner, if you are a partnership; With respect to the use of a covered "auto" in operations for or affecting a railroad: 3. An executive officer or insurance manag- er, if you are a corporation; or DEFINITIONS, H. "Insured contract", 1.c. is deleted in its entirety and 4. A member or manager, if you are a lim- replaced by the following: ited liability company. c. An easement or license agreement; 2. SECTION V - DEFINITIONS, H. "Insured contract", 2.a. is deleted. Includes copyrighted material of ISO AA 288 06 20 Properties, Inc., with its permission. Page 4 of 4 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONTRACTORS' COMMERCIAL GENERAL LIABILITY BROADENED ENDORSEMENT - TEXAS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Endorsement-Table of Contents: Coverage: Begins on Page: 1. Employee Benefit Liability Coverage 2 2. Unintentional Failure To Disclose Hazards 8 3. Damage To Premises Rented To You 8 4. Supplementary Payments 10 5. Medical Payments 10 6. 180 Day Coverage For Newly Formed Or Acquired Organizations 10 7. Waiver Of Subrogation 10 8. Automatic Additional Insured -Specified Relationships: 10 (a) Managers Or Lessors Of Premises (b) Lessor Of Leased Equipment (c) Vendors (d) State Or Governmental Agency Or Subdivision Or Political Subdivision - Permits Or Authorizations Relating To Premises (e) Mortgagee,Assignee Or Receiver 9. Property Damage To Borrowed Equipment 13 10. Employees As Insureds - Specified Health Care Services And Good Samaritan Services 14 11. Broadened Notice Of Occurrence 14 12. Nonowned Aircraft 14 13. Bodily Injury Redefined 15 14. Expected Or Intended Injury Redefined 15 15. Former Employees As Insureds 15 16. Voluntary Property Damage Coverage and Care, Custody Or Control Liability Coverage 15 17. Broadened Contractual Liability -Work Within 50' Of Railroad Property 17 18. Alienated Premises . . . 17 B. Limits Of Insurance: The Commercial General Liability Limits of Insurance apply to the insurance provided by this endorse- ment, except as provided below: 1. Employee Benefit Liability Coverage Each Employee Limit: $1,000,000 Aggregate Limit: $3,000,000 Deductible Amount: $ 1,000 3. Damage To Premises Rented To You The lesser of: a. The Each Occurrence Limit shown in the Declarations; or b. 3500,000 unless otherwise stated $ 4. Supplementary Payments a. Bail Bonds: $2,500 b. Loss Of Earnings: $ 500 Includes copyrighted material of Insurance GA 233 TX 09 20 Services Office, Inc., with its permission. Page 1 of 17 5. Medical Payments Medical Expense Limit: $10,000 9. Property Damage To Borrowed Equipment Each Occurrence Limit: $10,000 Deductible Amount: $ 250 16. Voluntary Property Damage Coverage (Coverage D) and Care, Custody Or Control Liability Coverage Limits Of Insurance Voluntary Property Damage Coverage: $1,000 Each Occurrence $5,000 Aggregate Care, Custody Or Control Liability Coverage: $5,000 Each Occurrence unless otherwise stated $ Deductible Amount(Each Occurrence) Voluntary Property Damage Coverage: $250 Care, Custody Or Control Liability Coverage: $250 unless otherwise stated $ COVERAGE PREMIUM BASIS RATE ADVANCE PREMIUM (a) Area (For Limits in Excess of (For Limits in Excess of (b) Payroll $5,000) $5,000) (c) Gross Sales (d) Units (e) Other Care, Custody Or Control Liability TOTAL ANNUAL PREMIUM $ C. Coverages 1) The amount we will pay for damages is limited 1. Employee Benefit Liability Coverage as described in C. Cov- a. The following is added to Section I - erages, 1. Employee Coverages: Benefit Liability Cover- age, c. Limits Of Insur- EMPLOYEE BENEFIT LIABILITY ance of this endorse- COVERAGE ment; and (1) Insuring Agreement 2) Our right and duty to (a) We will pay those sums that defend ends when we cab the insured becomes legally used upthe ance obligated to pay as damag- in cable limit off insurance judg- es caused by any act, error the payment ments or settlemea nts.. or omission of the insured, or of any other person for No other obligation or liabil- whose acts the insured is ity to pay sums or perform legally liable, to which this acts or services is covered insurance applies. We will unless explicitly provided for have the right and duty to under Supplementary Pay- defend the insured against ments. any "suit" seeking those damages. However, we will (b) This insurance applies to have no duty to defend damages only if the act, er- against any "suit" seeking ror or omission is negligently damages to which this in- committed in the "admin- surance does not apply. We istration" of your "employee may, at our discretion, in benefit program"; and vestigate any report of an 1) Occurs during the policy act, error or omission and period; or settle any daim or"suit'that may result. But: Includes copyrighted material of Insurance GA 233 TX 09 20 Services Office, Inc., with its permission. Page 2 of 17 der the Internal Revenue (c) A limited liability company, Code or any similar state or you are an insured. Your local law. members are also insureds, but only with respect to the (j) Employment-Related Prac- conduct of your business. tices Your managers are in- Any liability arising out of sureds, but only with respect any: to their duties as your man- agers. 1) Refusal to employ; (d) An organization other than a 2) Termination of employ- partnership, joint venture or ment; limited liability company, you 3 Coercion, demotion, are an insured. Your "execu- tive officers" and directors evaluation, reassign- are insureds, but only with ment, discipline, defa- respect to their duties as mation, harassment, your officers or directors. humiliation, discrimina- Your stockholders are also tion or other employ- insureds, but only with re- ment-related practices, spect to their liability as acts or omissions; or stockholders. 4) Consequential liability (e) A trust, you are an insured. as a result of 1), 2)or 3) Your trustees are also in- above. sureds, but only with respect This exclusion applies to their duties as trustees. whether the insured may be (2) Each of the following is also an held liable as an employer insured: or in any other capacity and to any obligation to share (a) Each of your "employees" damages with or repay who is or was authorized to someone else who must pay administer your "employee damages because of the in- benefit program"; jury. (b) Any persons, organizations (3) Supplementary Payments or"employees" having prop- erSection I Supplementary Pay- temporary authorization "employ- ments - Coverages A and B also atadminister benefit i program"your apply to this Coverage, however d if you 1.b. and 2. of the Supplementary die,p but only until your legal Payments provision do not apply. representative is appointed; or b. Who Is An Insured (c) Your legal representative if As respects Employee Benefit Liabil you die, but only with re ity Coverage, Section II -Who Is An spect to duties as such. That Insured is replaced by the following: representative will have all your rights and duties under (1) If you are designated in the Dec- this Coverage Part. larations as: (3) Any organization you newly ac- (a) An individual, you and your quire or form, other than a part- spouse are insureds, but on- nership, joint venture or limited ly with respect to the con- liability company, and over which duct of a business of which you maintain ownership or major- you are the sole owner. ity interest, will qualify as a (b) A partnership or joint ven Named Insured if no other similar insurance applies to that organi- ture, you are an insured. zation. However, coverage under Your members, your part- this provision: ners, and their spouses are also insureds but only with (a) Is afforded only until the respect to the conduct of 180th day after you acquire your business. or form the organization or Includes copyrighted material of Insurance GA 233 TX 09 20 Services Office, Inc., with its permission. Page 4 of 17 tification of the action taken, ceived in connec- you shall promptly reim- tion with the daim burse us for such part of the or"suit"; Deductible Amount as we have paid. (2) Authorize us to ob- tain records and d. Additional Conditions other information; As respects Employee Benefit Liabil- (3) Cooperate with us ity Coverage, Section IV - Commer- in the investigation cial General Liability Conditions is or settlement of the amended as follows: claim or defense against the "suit"; (1) Item 2. Duties In The Event Of and Occurrence, Offense, Claim Or Suit is replaced by the following: (4) Assist us, upon our request, in the en- 2. Duties In The Event Of An forcement of any Act, Error, Omission, right against any Claim Or Suit person or organi- a. You must see to it that zation which may we are notified as soon be liable to the in- as practicable of an act, sured because of error or omission which an act, error or may result in a daim. omission to which To the extent possible, this insurance may notice should indude: also apply. (1) What the act, error d. No insured will, except or omission was at that insured's own and when it oc- cost, voluntarily make a curred; and payment, assume any obligation, or incur any (2) The names and expense without our addresses of any- consent. one who may suf- fer damages as a (2) Item 4. Other Insurance is re- result of the act, placed by the following: error or omission. 4. Other Insurance b. If a daim is made or If other valid and collectible "suit" is brought against insurance is available to the any insured, you must: insured for a loss we cover (1) Immediately record under this Employee Benefit the specifics of the Liability Coverage, our obli- claim or "suit" and gations are limited as fol the date received; lows: and a. Primary Insurance (2) Notify us as soon This insurance is prima- as practicable. ry except when c. below You must see to it that applies. If this insurance we receive written no- is primary, our obliga- tice of the daim or"suit" tions are not affected as soon as practicable. unless any of the other insurance is also prima- c. You and any other in- ry. Then, we will share volved insured must: with all that other insur- ance Immediately send by the method de- (1) scribed in Paragraph b. us copies of any below. demands, notices, summonses or le- gal papers re- Includes copyrighted material of Insurance GA 233 TX 09 20 Services Office, Inc., with its permission. Page 6 of 17 fits are made generally 2. Unintentional Failure To Disclose Haz- available to all "employ- ards ees" who are eligible under the plan for such Section IV-Commercial General Liabil- benefits; ity Conditions, 6. Representations is amended by the addition of the following: c. Unemployment insur- ance, social security Based on our dependence upon your rep- benefits, workers' corn- resentations as to existing hazards, if un- pensation and disability intentionally you should fail to disdose all benefits; and such hazards at the inception date of your policy, we will not reject coverage under d. Vacation plans, includ- this Coverage Part based solely on such ing buy and sell pro- failure. grams; leave of ab- sence programs, includ- 3. Damage To Premises Rented To You ing military, maternity, a. The last paragraph of 2. Exclusions family, and civil leave; under Section I -Coverage A-Bod- tuition assistance plans; ily Injury And Property Damage Li- transportation and ability is replaced by the following: health dub subsidies. Exdusions c.through n. do not apply 4. "First effective date" means to damage by fire, explosion, light- the date upon which cover- ping, smoke or soot to premises while age was first effected in a rented to you or temporarily occupied series of uninterrupted re- by you with permission of the owner, newals of insurance cover- for which the amount we will pay is age. limited to the Damage To Premises (2) The following definitions are de- Rented To You Limit as described in leted in their entirety and re Section III- Limits Of Insurance. placed by the following: b. The insurance provided under Sec- s. "Employee" means a person tion I- Coverage A- Bodily Injury And actively employed, formerly Property Damage Liability applies to employed, on leave of ab- "property damage" arising out of wa- sence or disabled, or retired. ter damage to premises that are both "Employee" includes a rented to and occupied by you. "leased worker". "Employee" As respects Water Damage Legal Li- does not include a "tempo- ability, as provided in Paragraph 3.b. rary worker". above: 18. "Suit"means a civil proceed- The exdusions under Section I - ing in which money damag- Coverage A- Bodily Injury And Prop- es because of an act, error erty Damage Liability, 2. Exclusions, or omission to which this in- other than i. War and the Nuclear surance applies are alleged. Energy Liability Exdusion (Broad "Suit"includes: Form), are deleted and the following a. An arbitration proceed- are added: ing in which such dam- This insurance does not apply to: ages are claimed and to which the insured must (a) "Property damage": submit or does submit with our consent; (i) Assumed in any contract or agreement; or b. Any other alternative dispute resolution pro- (ii) Caused by or resulting from any ceeding in which such of the following: damages are daimed and to which the in- sured submits with our 2) Rust or other corrosion, de- consent; or cay, deterioration, hidden or latent defect or any quality in c. An appeal of a civil pro- property that causes it to ceeding. damage or destroy itself; Includes copyrighted material of Insurance GA 233 TX 09 20 Services Office, Inc., with its permission. Page 8 of 17 bonds required because of accidents (1) Any person(s) or organization(s) or traffic law violations arising out of described in Paragraph 8.a.(2) of the use of any vehicle to which the this endorsement (hereinafter re- Bodily Injury Liability Coverage ap- ferred to as additional insured) plies. We do not have to furnish these whom you are required to add as bonds. an additional insured under this b. Paragraph 1.d. is replaced bythe fol- Coverage Part by reason of a Pwritten contract, written agree- lowing: ment, written permit or written All reasonable expenses incurred by authorization. the insured at our request to assist us (2) Only the following persons or or- in the investigation or defense of the ganizations are additional in- claim or"suit', including actual loss of sureds under this endorsement, earnings up to the limit shown in Sec- and insurance coverage provided tion B. Limits Of Insurance, 4.b. Loss to such additional insureds is lim- Of Earnings of this endorsement per ited as provided herein: day because of time off from work. Mnaers 5. Medical Payments (a) Premises Or Lessors Of The Medical Expense Limit of Any One The manager or lessor of a Person as shown in the Dedarations is premises leased to you you amended to the limit shown in Section B. are required per Paragraph Limits Of Insurance, 5. Medical Payments 8.a.(1) of this endorsement of this endorsement. to provide insurance, but on- 6. 180 Day Coverage For Newly Formed ly with respect to liability for Or Acquired Organizations 'bodily injury", "property damage" or "personal and Section II - Who Is An Insured is advertising injury"caused, in amended as follows: whole or in part, by you or those acting on your behalf Subparagraph a. of Paragraph 3. is re- in connection with the own- placed by the following: ership, maintenance or use a. Coverage under this provision is of of that part of the premises forded only until the 180th day after leased to you, subject to the you acquire or form the organization following additional exclu or the end of the policy period, sions: whichever is earlier; This insurance does not ap- 7. Waiver Of Subrogation ply to: Section IV-Commercial General Liabil- (i) Any "occurrence" which ity Conditions, 8. Transfer Of Rights Of takes place after you Recovery Against Others To Us is cease to be a tenant in amended by the addition of the following: that premises; We waive any right of recovery against (i) Structural alterations, any additional insured under this en- new construction or dorsement, because of any payment we demolition operations make under this endorsement, to whom performed by or on be- the insured has waived its right of recov- ery in a written contract, written agree- insured. ment, written permit or written authoriza- (b) Lessor Of Leased Equip- tion. Such waiver by us applies only to ment the extent that the insured has waived its right of recovery against such additional Any person(s) or organiza- insured prior to loss. tion(s) from whom you lease equipment you are required 8. Automatic Additional Insured - Speci- per Paragraph 8.a.(1) of this fled Relationships endorsement to provide in- a. The following is added to Section II - surance. Such person(s) or Who Is An Insured: organization(s) are insureds only with respect to liability for "bodily injury", "property Includes copyrighted material of Insurance GA 233 TX 09 20 Services Office, Inc., with its permission. Page 10 of 17 (c)(i)4) or 6) of division has issued a permit this endorse- or authorization in connec- ment; or tion with premises you own, b) Such inspec rent or control and to which tions, adjust- this insurance applies: ments, tests or (i) The existence, mainte- servicing as nance, repair, construc- the vendor has tion, erection or removal agreed to of advertising signs, make or nor- awnings, canopies, cel- mally under- lar entrances, coal takes to make holes, driveways, man- in the usual holes, marquees, hoist course of away openings, side- business, in walk vaults, street ban- connection ners or decorations and with the distri- similar exposures; bution or sale of the prod- (ii) The construction, erec- ucts. tion or removal of eleva- tors; or (ii) This insurance does not apply to any insured (ii) The ownership, mainte- person or organization: nance or use of any el evators covered by this 1) From whom you insurance. have acquired such products, or (e) Mortgagee, Assignee Or any ingredient, part Receiver or container, enter- Any person or organization ing into, accompa- you are required per Para- nying or containing graph 8.a.(1) of this en- such products; or dorsement to provide insur- 2) When liability in- ance, but only with respect cluded within the to their liability as mortga- "products- gee, assignee or receiver completed opera- and arising out of the own- tions hazard" has ership, maintenance or use been excluded un- of the premises by you. der this Coverage However, this insurance Part with respect to does not apply to structural such products. alterations, new construction and demolition operations (d) State Or Governmental performed by or for that per- Agency Or Subdivision Or son or organization. Political Subdivision - Permits Or Authorizations (3) The insurance afforded to addi- Relating To Premises tional insureds described in Par- agraph 8.a.(1) of this endorse- Any state or governmental ment: agency or subdivision or po- litical subdivision you are (a) Only applies to the extent required per Paragraph permitted by law, 8.a.(1) of this endorsement (b) Will not be broader than that to provide insurance, subject which you are required by to the following additional the written contract, written provision: agreement, written permit or This insurance applies only written authorization to pro with respect to the following vide for such additional in- hazards for which the state sured; and or governmental agency or (c) Does not apply to any per- subdivision or political sub- son, organization, vendor, Includes copyrighted material of Insurance GA 233 TX 09 20 Services Office, Inc., with its permission. Page 12 of 17 (b) Claims made or "suits" 11. Broadened Notice Of Occurrence brought; or Paragraph a. of Condition 2. Duties In (c) Persons or organizations The Event Of Occurrence, Offense, making daims or bringing Claim Or Suit under Section IV - Corn- "suits". mercial General Liability Conditions is replaced by the following: (2) Deductible Clause (a) Our obligation to pay dam- a. You must see to it that we are notified as soon as practicable of an "occur- ages on your behalf applies rence"or an offense which may result only to the amount of dam- in a daim. To the extent possible, no- ages for each "occurrence" tice should indude: which are in excess of the Deductible Amount shown in (1) How, when and where the "oc- Section B. Limits Of Insur- currence"or offense took place; ance, 9. Property Damage To Borrowed Equipment of (2) The names and addresses of this endorsement. The limits any injured persons and wit- of insurance will not be re- nesses; and duced by the application of (3) The nature and location of any such deductible amount. injury or damage arising out of (b) Section IV - Commercial the "occurrence"or offense. General Liability Conditions, This requirement applies only when 2. Duties In The Event Of the "occurrence" or offense is known Occurrence, Offense, Claim to any insured listed under Paragraph Or Suit, applies to each 1. of Section II - Who Is An Insured or claim or "suit" irrespective of any "employee" authorized by you to the amount. give or receive notice of an "occur- (c) We may pay any part or all rence"or offense. of the deductible amount to 12. Nonowned Aircraft effect settlement of any claim or "suit" and, upon no- The following is added to Exclusion 2.g. tification of the action taken, Aircraft, Auto Or Watercraft under Sec- you shall promptly reim- tion I - Coverage A - Bodily Injury And burse us for such part of the Property Damage Liability: deductible amount as has been paid by us. This exdusion does not apply to an air- craft you do not own, provided that: 10. Employees As Insureds - Specified Health Care Services And Good Samar- a. The pilot in command holds a current itan Services effective certificate, issued by a duly constituted authority of the United Paragraph 2.a.(1)(d) under Section II - States of America or Canada, desig- Who Is An Insured does not apply to: nating that person as a commercial or 1) Your "employees" who provide pro airline transport pilot; fessional health care services on your b. The aircraft is rented with a trained, behalf as a duly licensed nurse, paid crew; and emergency medical technician or paramedic in the jurisdiction where an c. The aircraft does not transport per- "occurrence" or offense to which this sons or cargo for a charge. insurance applies takes place; or 13. Bodily Injury Redefined 2) Your "employees" or "volunteer work- Section V - Definitions, 3. "Bodily injury' ers", other than an employed or vol- is replaced by the following: unteer doctor, providing first aid or good samaritan services during their 3. "Bodily injury' means bodily harm or work hours for you will be deemed to injury, sickness, disease, disability, be acting within the scope of their humiliation, shock, fright, mental an- employment by you or performing du- guish or mental injury, including care, ties related to the conduct of your loss of services or death resulting business. from any of these at any time. Includes copyrighted material of Insurance GA 233 TX 09 20 Services Office, Inc., with its permission. Page 14 of 17 formation, facts or pro- and Care, Custody Or Control grams, stored as or on, cre- Liability Coverage in this en- ated or used on, transmitted dorsement. These limits are in- to or from computer soft- clusive of, and not in addition to, ware, including systems and the limits being replaced. The applications software, hard Limits of Insurance shown in the or floppy disks, CD-ROMs, Schedule fix the most we will pay tapes, drives, cells, data regardless of the number of: processing devices or any other media which are used (a) Insureds; with electronically controlled (b) Claims made or "suits" equipment. brought;or b. Care, Custody Or Control Liability (c) Persons or organizations Coverage making claims or bringing For purposes of the coverage provid- "suits". ed by Care, Custody Or Control Lia- (2) (a) Subject to (3) below, the bility Coverage in this endorsement Voluntary Property Damage only: Coverage Each Occurrence (1) Section I - Coverage A - Bodily Limit Of Insurance is the Injury And Property Damage Lia- most we will pay for the sum bility, 2. Exdusions, j. Damage of damages under Voluntary To Property, Paragraphs (3), (4) Property Damage Coverage; and (5) do not apply to "property (b) The Care, Custody Or Con- damage" to the property of oth- trol Liability Coverage Each ers described therein. Occurrence Limit Of Insur- (2) It shall be your duty, not our duty, ance is the most we will pay to defend any daim or "suit" to for the sum of damages un- which this insurance applies. der Care, Custody Or Con- trol Liability Coverage; No other obligation or liability to pay sums or perform acts or ser because of all "property damage" vices is covered. arising out of any one "occur- rence". This Paragraph (2) supersedes any provision in the Coverage (3) The Voluntary Property Damage Part to the contrary. Coverage, Aggregate Limit Of Insurance is the most we will pay (3) "Property damage" for which for the sum of all damages under Care, Custody Or Control Liabil- Voluntary Property Damage ity Coverage provides coverage Coverage. This limit applies sep- shall be deemed to be caused by arately to each "coverage term". an "occurrence" but shall not serve to limit or restrict the ap- (4) Deductible Clause plicability of any exclusion for (a) Our obligation to pay dam- "property damage" under this ages on your behalf applies Coverage Part. only to the amount of dam- c. Limits Of Insurance And Deducti- ages for each "occurrence" bles which are in excess of the Deductible Amount shown in For purposes of the coverage provid- Section B. Limits Of Insur- ed by Voluntary Property Damage ance, 16.Voluntary Property Coverage and Care, Custody Or Con- Damage Coverage and trol Liability Coverage, Section III - Care, Custody Or Control Limits Of Insurance is amended to Liability Coverage. The lim- include the following: its of insurance will not be reduced by the application (1) The Limits of Insurance shown in of such Deductible Amount. the Declarations are replaced by the limits shown in Section B. (b) Section IV - Commercial Limits Of Insurance, 16. Volun- General Liability Conditions, tary Property Damage Coverage 2. Duties In The Event Of Includes copyrighted material of Insurance GA 233 TX 09 20 Services Office, Inc., with its permission. Page 16 of 17 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONTRACTORS ADDITIONAL INSURED - AUTOMATIC STATUS AND AUTOMATIC WAIVER OF SUBROGATION WHEN REQUIRED IN WRITTEN CONTRACT, AGREEMENT, PERMIT OR AUTHORIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Additional Insured - Owners, Lessees Or cluded in the "products-completed Contractors - Automatic Status For Other operations hazard", but only if Parties When Required In Written Contract Or Agreement With You (1) The Coverage Part to which this endorsement is attached pro- 1. Section II - Who Is An Insured is vides coverage for "bodily injury" amended to include as an additional in- or "property damage" included sured any person or organization you within the "products-completed have agreed in writing in a contract or operations hazard"; and agreement to add as an additional in- sured on this Coverage Part. Such per- (2) The written contract or written son(s) or organization(s) is an additional agreement requires you to pro- insured only with respect to liability for: vide additional insured coverage included within the "products- a. "Bodily injury", "property damage" or completed operations hazard" "personal and advertising injury" for that person or organization. caused, in whole or in part, by the performance of your ongoing opera- If the written contract or written tions by you or on your behalf, under agreement requires you to provide that written contract or written additional insured coverage included agreement. Ongoing operations does within the "products completed oper- not apply to "bodily injury" or"proper- ations hazard" for a specified length ty damage"occurring after: of time for that person or organiza- tion, the "bodily injury" or "property (1) All work, including materials, damage" must occur prior to the ex- parts or equipment furnished in piration of that period of time in order connection with such work, on for this insurance to apply. the project (other than service, maintenance or repairs) to be If the written contract or written performed by or on behalf of the agreement requires you to provide additional insured(s) at the loca additional insured coverage for a tion of the covered operations person or organization per only ISO has been completed; or additional insured endorsement form number CG 20 10, without specifying (2) That portion of"your work"out of an edition date, and without specifi- which the injury or damage aris- cally requiring additional insured es has been put to its intended coverage included within the "prod- use by any person or organiza- ucts-completed operations hazard", tion other than another contrac- this Paragraph b. does not apply to tor or subcontractor engaged in that person or organization. performing operations for a prin- cipal as a part of the same pro- 2. If the written contract or written agree- ject; and ment described in Paragraph 1. above specifically requires you to provide addi- b. "Bodily injury' or "property damage" tional insured coverage to that person or caused, in whole or in part, by "your organization: work" performed under that written contract or written agreement and in- a. Arising out of your ongoing opera- tions or arising out of'your work"; or Includes copyrighted material of Insurance GA 472 05 20 Services Office, Inc., with its permission. Page 1 of 3 This insurance applies only if the "bodily inju- scribed in Paragraph A. or B. that this in- ry" or "property damage" occurs, or the "per- surance would be primary to any other in- sonal and advertising injury' offense is corn- surance available to the additional in- mitted: sured. 1. During the policy period; and As used in this endorsement, wrap-up insur- ance means a centralized insurance program 2. Subsequent to your execution of the writ- under which one party has secured either in- ten contract or written agreement, or the surance or self-insurance covering some or all issuance of a written permit or written au- of the contractors or subcontractors perform- thorization, described in Paragraphs A. and B. ing work on one or more specific project(s). Primary And Noncontributory Insurance F. Except when G.below applies, the following is When Required By Written Contract, added to Section IV - Commercial General Agreement, Permit Or Authorization Liability Conditions, Other Insurance, and supersedes any provision to the contrary: Except when wrap-up insurance applies to the Other Additional Insured Coverage claim or "suit" on behalf of the additional in- Wheng sured, this insurance is primary to and will not Applies On An Excess Basis seek contribution from any other insurance This insurance is primary to other insurance available to the additional insured described in available to the additional insured described in Paragraphs A.and B. provided that: Paragraphs A.and B.except: 1. The additional insured is a Named In- 1. As otherwise provided in Section IV - sured under such other insurance; and Commercial General Liability Condi- You have agreed reed in writing ng ino a contract, tions, Other Insurance, b. Excess In- agreement, permit or authorization de- surance; or scribed in Paragraph A. or B. that this in- 2. For any other valid and collectible insur- surance would be primary and would not ance available to the additional insured as seek contribution from any other insur- an additional insured on another insur- ance available to the additional insured. ance policy that is written on an excess As used in this endorsement, wrap-up insur- basis. In such case, this insurance is also ance means a centralized insurance program excess. under which one party has secured either in- G. The following is added to Section IV - Corn- surance or self-insurance covering some or all mercial General Liability Conditions, Other of the contractors or subcontractors perform Insurance, and supersedes any provision to ing work on one or more specific project(s). the contrary: H. Section IV - Commercial General Liability Primary Insurance When Required By Writ- Conditions, Transfer Of Rights Of Recov- ten Contract, Agreement, Permit Or Au- ery Against Others To Us is amended by the thorization addition of the following: Except when wrap-up insurance applies to the Waiver of Subrogation claim or "suit" on behalf of the additional in- We waive any right of recovery against any sured, this insurance is primary to any other additional insured under this endorsement, insurance available to the additional insured because of any payment we make under this described in Paragraphs A. and B. provided endorsement, to whom the insured has that: waived its right of recovery in a written con- 1. The additional insured is a Named In- tract, written agreement, written permit or writ- sured under such other insurance; and ten authorization. Such waiver by us applies only to the extent that the insured has waived 2. You have agreed in writing in a contract, its right of recovery against such additional in- agreement, permit or authorization de- sured prior to loss. Includes copyrighted material of Insurance GA 472 05 20 Services Office, Inc., with its permission. Page 3 of 3 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - CG 20 37 07 04 - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Location And Description Of Completed Or Organization(s): Operations: 1.Any person or organization for whom you are Any location at which work or operations were performed performing operations when you and such person or by you or on your behalf organization have agreed in writing in a contract or agreement that such person or organization can be added as an additional insured on your policy. 2.Any person or organization you are required to add as an additional insured under the contract or agreement in Paragraph 1 above. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Section II - Who Is An Insured is amended to in- clude as an additional insured the person(s) or organ- ization(s) shown in the Schedule, but only with respect to liability for "bodily injury" or "property damage" caused, in whole or in part, by "your work" at the loca- tion designated and described in the schedule of this endorsement performed for that additional insured and included in the "products-completed operations hazard". CG 20 37 07 04 © ISO Properties, Inc., 2004 Includes copyrighted material of Insurance GA 4519 05 20 Services Office, Inc., with its permission. Page 1 of 1 of"bodily injury"or"property damage" induded doned and then restarted, or if the authorized in the "products-completed operations hazard" contracting parties deviate from plans, blue- will reduce the Products-completed Operations prints, designs, specifications or timetables, Aggregate Limit, and not reduce the General the project will still be deemed to be the same Aggregate Limit nor the Designated Construc- construction project. tion Project General Aggregate Limit. E. The provisions of Section III - Limits Of Insur- D. If the applicable designated construction pro- ance not otherwise modified by this endorse- ject has been abandoned, delayed, or aban- ment shall continue to apply as stipulated. CG 25 03 05 09 ©Insurance Services Office, Inc., 2008 Page 2 of 2 ❑ 00700 GENERAL CONDITIONS City of Round Rock Contract Forms General Conditions Section 00700 TABLE OF CONTENTS OF GENERAL CONDITIONS Article Page Number& Title Number 1. DEFINITIONS 2 2. PRELIMINARY MATTERS 5 3. CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE 7 4. AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; REFERENCE POINTS 8 5. BONDS AND INSURANCE 10 6. CONTRACTOR'S RESPONSIBILITIES 16 7. OTHER WORK 24 8. OWNER'S RESPONSIBILITIES 25 9. ENGINEER/ARCHITECT'S STATUS DURING CONSTRUCTION 26 10. CHANGES IN THE WORK 27 11. CHANGE OF CONTRACT AMOUNT 28 12. CHANGE OF CONTRACT TIMES 31 13. TESTS AND INSPECTIONS; AND CORRECTION OR REMOVAL OF DEFECTIVE WORK 32 14. PAYMENTS TO CONTRACTOR AND COMPLETION 35 15. SUSPENSION OF WORK AND TERMINATION 39 16. DISPUTE RESOLUTION 41 17 RIGHT TO AUDIT 42 18. MISCELLANEOUS 43 00700 04-2020 Page 1 General Conditions 00443641 GENERAL CONDITIONS ARTICLE 1 - DEFINITIONS Whenever used in these General Conditions or in the other Contract Documents, the term printed with initial capital letters or all capital letters, including the term's singular and plural forms, will have the meaning indicated in the definitions below or as defined in these General Conditions or other Contract Documents: 1.1 Addenda - Written or graphic instruments issued prior to the receipt of Proposals or the opening of Bids that clarify, correct or change the proposal or bidding requirements or the Contract Documents. 1.2 Agreement- Prescribed form, referenced as Section 00500. 1.3 Alternative Dispute Resolution -The process by which a disputed Claim may be settled if the OWNER and the CONTRACTOR cannot reach an agreement between themselves, as an alternative to litigation. 1.4 Bid - Proposal of bidder on prescribed forms setting forth prices for performing the Work described in the Contract Documents. 1.5 Bid Documents -The advertisement or invitation for bids, instructions to bidders, the bid form, the Contract Documents and Addenda. 1.6 Calendar Day-Any day of the week; no days being excepted. Work on Saturdays, Sundays, and/or Legal Holidays shall only be conducted with prior express written consent of the OWNER. 1.7 Change Directive-A written directive to the CONTRACTOR, signed by the OWNER, ordering a change in the Work and stating a proposed basis for adjustment, if any, in the Contract Amount or Contract Time, or both. A Change Directive may be used in the absence of total agreement on the terms of a Change Order. A Change Directive does not change the Contract Amount or Contract Time, but is evidence that the parties expect that the change directed or documented by a Change Directive will be incorporated in a subsequently issued Change Order. 1.8 Change Orders - Written agreements entered into between the CONTRACTOR and the OWNER authorizing an addition, deletion, or revision to the Contract, issued on or after the Execution Date of the Agreement and within the Contract term. 1.9 Claim - A written demand seeking, as a matter of right, adjustment or interpretation of Contract terms, payment of money, extension of time or other relief with respect to the terms of the Contract. 1.10 Contract - The Contract represents the entire and integrated agreement between the OWNER and the CONTRACTOR for performance of the Work, as evidenced by the Contract Documents. 1.11 Contract Amount- The amount payable by the OWNER to the CONTRACTOR for completion of the Work in accordance with the Contract Documents. 1.12 Contract Documents — Includes the Invitation to Bid, Instructions to Bidders, Agreement, General Conditions, Supplemental General Conditions, Special Conditions, Specifications, Project Manual, Drawings, Addenda and Change Orders. 1.13 Contract Time - The number of days allowed for completion of the Work as defined by the Contract. When any period is referred to in days, it will be computed to exclude the first and include the last day of such period. A day of twenty-four (24) hours measured from midnight to the next midnight will constitute a day. 1.14 CONTRACTOR - The individual, firm, corporation, or other business entity with whom the OWNER has entered into the Contract. 00700 04-2020 Page 2 General Conditions 1.15 Drawings - Those portions of the Contract Documents which are graphic representations of the scope, extent and character of the Work to be furnished and performed by the CONTRACTOR and which have been approved by the OWNER. Drawings may include plans, elevations, sections, details, schedules and diagrams. Shop Drawings are not Drawings as so defined. 1.16 Engineer/Architect (E/A) - The OWNER's design professional identified as such in the Agreement. The titles of"Architect/Engineer,""Architect"and "Engineer"used in the Contract Documents shall be read the same as Engineer/Architect (E/A). Nothing contained in the Contract Documents shall create any contractual or agency relationship between E/A and the CONTRACTOR. 1.17 Equal -The terms"equal"or"approved equal"shall have the same meaning. 1.18 Execution Date- Date of last signature of the parties to the Agreement. 1.19 Field Order - A written order issued by Owner's Representative which orders minor changes in the Work and which does not involve a change in the Contract Amount or the Contract Time. 1.20 Final Acceptance—The stage in the Contract process when, in the OWNER's opinion, Final Completion of the Work has been attained and a Certificate of Acceptance approved by the OWNER is issued. 1.21 Final Completion -The stage in the progress of the Work when, in the OWNER's opinion, the entire Work has been completed, the CONTRACTOR's obligations under the Contract Documents have been fulfilled, and the OWNER is processing or has made final payment to the CONTRACTOR, as evidenced by a Certificate of Acceptance approved by the OWNER. 1.22 Inspector-The authorized representative of any regulatory agency that has jurisdiction over any portion of the Work. 1.23 Legal Holidays 1.23.1 The following are recognized by the OWNER: Holiday Date Observed New Year's Day January 1 Martin Luther King, Jr.'s Birthday Third Monday in January President's Day Third Monday in February Memorial Day Last Monday in May Independence Day July 4 Labor Day First Monday in September Veteran's Day November 11 Thanksgiving Day Fourth Thursday in November Friday after Thanksgiving Friday after Thanksgiving Christmas Eve December 24 Christmas Day December 25 00700 04-2020 Page 3 General Conditions 1.23.2 If a Legal Holiday falls on Saturday, it will be observed on the preceding Friday. If a Legal Holiday falls on Sunday, it will be observed on the following Monday. 1.23.3 If Christmas Eve falls on a Saturday or a Sunday, the preceding Friday is observed as the Christmas Eve holiday. 1.23.4 If Christmas Day falls on a Saturday or a Sunday, the following Monday is observed as the Christmas Day holiday. 1.24 Milestones-A significant event specified in the Contract Documents relating to an intermediate completion date or time prior to Substantial Completion of all the Work. 1.25 Notice to Proceed - A Written Notice given by the OWNER to the CONTRACTOR notifying the CONTRACTOR to commence the Work and which may also fix the date on which the Contract Times will commence to run and on which the CONTRACTOR shall start to perform the CONTRACTOR's obligations under the Contract Documents. 1.26 OWNER—The City of Round Rock,Texas,a municipal corporation, home-rule city and political subdivision organized and existing under the laws of the State of Texas, acting through the City Manager or his/her designee, officers, agents or employees to administer design and construction of the Project. 1.27 Owner's Representative-The designated representative of the OWNER. 1.28 Partial Occupancy or Use - Use by the OWNER of a partially completed part of the Work for the purpose for which it is intended (or a related purpose) prior to Substantial Completion of all the Work. 1.29 Project - The total construction of which the Work to be provided under the Contract Documents may be the whole, or a part, as indicated elsewhere in the Contract Documents. 1.30 Project Manual - That portion of the Contract Documents which may include the following: introductory information; bidding requirements, Contract forms and General and Supplemental General Conditions; General Requirements; Specifications; Drawings; Project Safety Manual; and Addenda. 1.31 Proposal—Proposal of Offeror, on prescribed forms setting forth prices for performing the Work described in the Contract Documents. 1.32 Proposal Documents—The advertisement or invitation for Proposals, Instruction to Offerors, the Proposal form, the Contract Documents and Addenda. 1.33 Resident Project Representative - The authorized representative of E/A who may be assigned to the site or any part thereof. 1.34 Shop Drawings - All drawings, diagrams, illustrations, schedules and other data or information which are specifically prepared or assembled by or for the CONTRACTOR and submitted by the CONTRACTOR as required by the Contract Documents. 1.35 Specifications - Those portions of the Contract Documents consisting of written technical descriptions as applied to the Work, which set forth to the CONTRACTOR, in detail, the requirements which must be met by all materials, equipment, construction systems, standards, workmanship, equipment and services in order to render a completed and useful project. 1.36 Substantial Completion - The stage in the progress of the Work when the Work, or designated portions thereof, may still require minor modifications or adjustments but, in the OWNER's opinion,the Work has progressed to the point such that all parts of the Work under consideration are fully operational and the beneficial use and occupancy of which can be assumed by the Owner, as evidenced by a Certificate of Substantial Completion approved by the OWNER. 00700 04-2020 Page 4 General Conditions 2.3 Commencement of Contract Times; Notice to Proceed: The Contract Time(s) commence on the date indicated in the Agreement or in the Notice to Proceed. Notice to Proceed will be given at any time within sixty(60)Calendar Days after the Execution Date of the Agreement, unless extended by written agreement of the parties. 2.4 Before Starting Construction: 2.4.1 No Work shall be done at the site prior to the preconstruction conference without the OWNER's approval. Before undertaking each part of the Work, the CONTRACTOR shall carefully study and compare the Contract Documents and check and verify pertinent figures shown thereon and all applicable field measurements. The CONTRACTOR shall promptly report in writing to Owner's Representative any conflict, error, ambiguity or discrepancy which the CONTRACTOR may discover and shall obtain a written interpretation or clarification from Owner's Representative before proceeding with any Work affected thereby. The CONTRACTOR shall be liable to the OWNER for failure to report any conflict, error, ambiguity or discrepancy in the Contract Documents of which the CONTRACTOR knew or reasonably should have known. 2.4.2 The CONTRACTOR shall submit the following to Owner's Representative for review and approval no later than the preconstruction conference: .1 a preliminary progress schedule indicating the times (number of days or dates) for starting and completing the various stages of the Work, including any Milestones specified in the Contract Documents, identifying when all Subcontractors will be utilized, and taking into consideration any limitations on Working Hours; .2 a preliminary schedule of Shop Drawing and sample submittals; .3 a preliminary schedule of values for all of the Work, subdivided into component parts in sufficient detail to serve as the basis for progress payments during construction. Such prices will include an appropriate amount of overhead and profit applicable to each item of Work. The preliminary schedule of values submitted by the CONTRACTOR should include a reasonable estimation of value of each item included and shall not contain disproportionate values assigned to any item or items; .4 a letter designating CONTRACTOR's Superintendent; .5 a letter from the CONTRACTOR and Subcontractor(s) listing any salaried specialists; .6 if applicable, a letter designating the "Competent Person(s)" on general safety and trench safety measures; .7 if applicable, a trench safety system plan; .8 if applicable, a plan illustrating proposed locations of temporary facilities; .9 if applicable, a traffic control plan; .10 a completed Non-Use of Asbestos Affidavit(Prior to Construction); and .11 if applicable, a letter designating the Texas Registered Professional Land Surveyor for layout of the Work. 2.5 Preconstruction Conference: Prior to commencement of Work at the site, a preconstruction conference attended by the CONTRACTOR, Owner's Representative and others will be held. 00700 04-2020 Page 6 General Conditions 2.6 Initially Acceptable Schedules: Unless otherwise provided in the Contract Documents, the CONTRACTOR shall obtain approval of Owner's Representative on final versions of the schedules submitted in accordance with paragraph 2.4.2 before the first progress payment will be made to the CONTRACTOR. The progress schedule must provide for an orderly progression of the Work to completion within any specified Milestones and Contract Times. Acceptance of the schedule by Owner's Representative will neither impose on Owner's Representative responsibility for the sequencing, scheduling or progress of the Work nor interfere with or relieve the CONTRACTOR from the CONTRACTOR's full responsibility therefor. The CONTRACTOR's schedule of Shop Drawings and sample submissions must provide an arrangement agreeable to the parties for reviewing and processing the required submittals. 2.7 Electronic Transmittals: 2.7.1 Except as otherwise stated elsewhere in the Contract Documents, the OWNER, E/A, and CONTRACTOR may transmit, and shall except, Project-related correspondence,texts, data,documents,drawings, information, and graphics, including but not limited to Shop Drawings and other submittals, in electronic media or digital format,either directly, or through access to a secure Project website. 2.7.2 When transmitting items in electronic media or digital format, the transmitting party makes no representations as to long term compatibility, usability, or readability of the items resulting from the recipient's use of software application packages,operating systems,or computer hardware differing from those used in the drafting or transmittal of the items. ARTICLE 3 -CONTRACT DOCUMENTS: INTENT,AMENDING, REUSE 3.1 Intent: 3.1.1 The intent of the Contract Documents is to include all information necessary for the proper execution and completion of the Work by the CONTRACTOR. The Contract Documents are complementary, and what is required by one shall be as binding as if required by all. In cases of disagreement, the following order of precedence shall govern (top item receiving priority of interpretation): Change Orders Modifications to the Contract Documents made after the Execution Date Signed Agreement Addenda to the Contract Documents Special Conditions Supplemental General Conditions General Conditions Other Bidding Requirements and Contract Forms Special Provisions to the Standard Technical Specifications Special Specifications Standard Technical Specifications Drawings (figured dimensions shall govern over scaled dimensions) Project Safety manual, if applicable 3.1.2 Unless otherwise stated in the Contract Documents,words which have well-known technical or construction industry meanings are used in the Contract Documents in accordance with such recognized meanings. 3.2 Reporting and Resolving Discrepancies: Prior to commencing the Work, the CONTRACTOR shall review the Contract Documents for the purpose of discovering any conflict, error, ambiguity or discrepancy in the Contract Documents. If, at any time, the CONTRACTOR discovers any conflict, error, ambiguity or discrepancy within the Contract Documents or between the Contract Documents and any provisions of any such law or regulation applicable to the performance of the Work 00700 04-2020 Page 7 General Conditions or of any such standard, specification, manual or code or instructions of any Supplier, the CONTRACTOR shall immediately report it to Owner's Representative in writing, and the CONTRACTOR shall not proceed with the Work affected thereby until an amendment or supplement to the Contract Documents has been issued by one of the methods indicated in paragraph 3.3.1 or paragraph 3.3.2. The CONTRACTOR shall be liable to the OWNER for failure to report any such conflict, error, ambiguity or discrepancy of which the CONTRACTOR knew or reasonably should have known. 3.3 Amending and Supplementing Contract Documents: 3.3.1 The Contract Documents may be amended to provide for additions, deletions and revisions in the Work or to modify the terms and conditions thereof in one or more of the following ways: .1 Change Order. .2 Change Directive. 3.3.2 In addition, the requirements of the Contract Documents may be supplemented, and minor variations and deviations in the Work may be authorized, in one or more of the following ways: .1 Field Order. .2 Review of a Shop Drawing or sample. .3 Written interpretation or clarification. 3.4 Reuse of Documents Prohibited: The CONTRACTOR and any Subcontractor or Supplier or other person or organization performing or furnishing any of the Work under a direct or indirect contract with the OWNER: (i) shall not have or acquire any title to or ownership rights in any of the Drawings, Specifications or other documents (or copies of any thereof) prepared by or bearing the seal of E/A or E/A's consultants, and (ii) shall not reuse any of such Drawings, Specifications, other documents or copies on extensions of the Project or any other project without written consent of the OWNER and E/A. ARTICLE 4-AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; REFERENCE POINTS 4.1 Availability of Lands: The OWNER shall furnish, as indicated in the Contract Documents, all required rights to use the lands upon which the Work is to be performed, rights-of-way and easements for access thereto, and such other lands which are designated for the use of the CONTRACTOR. The OWNER shall identify any encumbrances or restrictions not of general application but specifically related to use of lands so furnished with which the CONTRACTOR will have to comply in performing the Work. Easements for permanent structures or permanent changes in existing facilities will be obtained and paid for by the OWNER, unless otherwise provided in the Contract Documents. If the OWNER fails to furnish these lands, rights-of-way or easements in a timely manner, the CONTRACTOR may make a Claim for adjustments in the Contract Times. The CONTRACTOR shall provide for all additional lands and access thereto that may be required for temporary construction facilities or storage of materials and equipment. 4.2 Subsurface and Physical Conditions: 4.2.1 The CONTRACTOR hereby covenants that it has examined the site of the proposed Work and is familiar with all of the conditions surrounding construction of the Project, having conducted all inquiries, tests and investigations deemed necessary and proper. Unless the CONTRACTOR, prior to the execution of the Agreement, has notified the OWNER in writing of any condition of the site of the proposed Work that would adversely impact 00700 04-2020 Page 8 General Conditions the performance of the Work by the CONTRACTOR, CONTRACTOR covenants that there are no conditions at the site of the proposed work which would adversely impact the performance of Work by the CONTRACTOR. 4.2.2 If conditions are encountered at the site which are (1) subsurface or otherwise concealed physical conditions that differ materially from those indicated in the Contract Documents or(2) unknown physical conditions of an unusual nature, that differ materially from those normally encountered in the type of work being performed under this Contract, then notice by the observing party shall be given to the other party promptly before conditions are disturbed and in no event later than seven (7) calendar days after first observance of the conditions. Owner's Representative will promptly investigate such conditions with E/A and, if they differ materially and cause an increase or decrease in the CONTRACTOR's cost of, or time required for, performance of any part of the Work, OWNER will consider an equitable adjustment in the Contract Amount or Contract Time, or both. If Owner's Representative determines that the conditions at the site are not materially different from those indicated in the Contract Documents and that no change in the terms of the Contract is justified, the CONTRACTOR shall be notified in writing, stating the reasons. Any disputes arising from Owner's Representative's determination shall be resolved in accordance with Article 16. 4.2.3 Notwithstanding any other provision of this Contract, the CONTRACTOR shall be solely responsible for the location and protection of any and all public lines and utility customer service lines in the Work area. For the purposes of this section, "public lines"means the utility distribution and supply system within public rights-of-way or easements, and "utility customer service lines" (service) means any utility line connecting a utility customer to the utility distribution system. Generally, existing service connections within right-of-way or easements are not shown on the Drawings. The CONTRACTOR shall notify the OWNER and "One Call"and exercise due care to locate and to mark, uncover or otherwise protect all such lines in the construction zone and any of the CONTRACTOR's work or storage areas. The CONTRACTOR's obligation hereunder shall be primary and nondelegable. The CONTRACTOR shall indemnify or reimburse the OWNER for such expenses or costs (including fines that may be levied against the OWNER) that may result from unauthorized or accidental damage to all public lines and utility customer service lines in the Work area.The OWNER reserves the right to repair such damage the CONTRACTOR may cause, at the CONTRACTOR's expense. 4.2.4 The CONTRACTOR shall take reasonable precaution to avoid disturbing primitive records and antiquities of archaeological, paleontological or historical significance. No objects of this nature shall be disturbed without written permission of the OWNER and the Texas Department of Antiquities Protection. When such objects are uncovered unexpectedly, the CONTRACTOR shall stop all Work in close proximity and notify Owner's Representative and the Texas Department of Antiquities Protection of their presence and shall not disturb them until written permission and permit to do so is granted.All primitive rights and antiquities uncovered on the OWNER's property shall remain property of the State of Texas, the Texas Department of Antiquities Protection conforming to the Texas Natural Resources Code. If it is determined by the OWNER, in consultation with the Texas Department of Antiquities Protection,that exploration or excavation of primitive records or antiquities on Project site is necessary to avoid loss, the CONTRACTOR shall cooperate in salvage work attendant to preservation. If the Work stoppage or salvage work causes an increase in the CONTRACTOR's cost of, or time required for, performance of the Work, the Contract Amount and/or Contract Time may be equitably adjusted. 4.3 Reference Points: Unless otherwise specified, the OWNER will furnish all reference points, benchmarks, survey monuments, and control points which, in the OWNER's opinion,are suitable for laying out the Work. Such benchmarks and reference points will be placed at intervals not to exceed 1,500 feet. All reference points, benchmarks, survey monuments and control points shall be carefully preserved by the CONTRACTOR by use of flags, laths or other appropriate measures and, in case of destruction or removal by the CONTRACTOR or its employees, such reference points, benchmarks, survey monuments, and control points shall be replaced by a Registered Professional Land Surveyor at the CONTRACTOR's expense. When reference points, benchmarks, survey monuments, or control points are in conflict with the Work, then reestablishment will be the OWNER's responsibility during or upon completion of the Work. 4.4 Hazardous Materials: 00700 04-2020 Page 9 General Conditions 4.4.1 The OWNER shall be responsible for any hazardous material uncovered or revealed at the site which was not shown, indicated or identified in the Contract Documents to be within the scope of the Work and which may present a substantial danger to persons or property exposed thereto in connection with the Work at the site. The CONTRACTOR shall immediately notify Owner's Representative of any suspected hazardous materials encountered before or during performance of the Work and shall take all necessary precautions to avoid further disturbance of the materials. 4.4.2 The CONTRACTOR shall be responsible for any hazardous materials brought to the site by the CONTRACTOR, Subcontractor, Suppliers or anyone else for whom the CONTRACTOR is responsible. 4.4.3 No asbestos-containing materials shall be incorporated into the Work or brought on the Project site without prior approval of the OWNER. 4.4.4 TO THE FULLEST EXTENT PERMITTED BY LAWS AND REGULATIONS, CONTRACTOR SHALL INDEMNIFY AND HOLD HARMLESS OWNER, AND ITS COUNCIL MEMBERS, EMPLOYEES, AGENTS, AND CONSULTANTS FROM AND AGAINST ALL CLAIMS, COSTS, LOSSES, AND DAMAGES (INCLUDING BUT NOT LIMITED TO ALL FEES AND CHARGES OF ENGINEERS, ARCHITECTS, ATTORNEYS, AND OTHER PROFESSIONALS AND ALL COURT OR ARBITRATION OR OTHER DISPUTE RESOLUTION COSTS) ARISING OUT OF OR RELATING TO FAILURE TO CONTROL, CONTAIN OR REMOVE A HAZARDOUS MATERIAL BROUGHT TO THE SITE BY CONTRACTOR OR BY ANYONE FOR WHOM CONTRACTOR IS RESPONSIBLE, OR TO A HAZARDOUS ENVIRONMENTAL CONDITION CREATED BY CONTRACTOR OR BY ANYONE FOR WHOM CONTRACTOR IS RESPONSIBLE. ARTICLE 5 - BONDS AND INSURANCE 5.1 Surety and Insurance Companies: All bonds and insurance required by the Contract Documents shall be obtained from solvent surety or insurance companies that are duly licensed by the State of Texas and authorized to issue bonds or insurance policies for the limits and coverages required by the Contract Documents. The bonds shall be in a form acceptable to the OWNER and shall be issued by a surety which complies with the requirements of Chapter 3503, Texas Insurance Code (2005) and which is otherwise acceptable to the OWNER. OWNER may require the surety to obtain reinsurance for any portion of the risk that exceeds 10% of the surety's capital and surplus. For bonds exceeding $100,000, the surety must also hold a certificate of authority from the U.S. Secretary of the Treasury or have obtained reinsurance from a reinsurer that is authorized as a reinsurer in Texas and holds a certificate of authority from the U.S. Secretary of the Treasury. 5.2 Workers' Compensation Insurance Coverage: 5.2.1 Definitions: .1 Certificate of coverage ("certificate") - A copy of a certificate of insurance, a certificate of authority to self-insure issued by the commission, or a coverage agreement showing statutory workers' compensation insurance coverage for the person's or entity's employees providing services on the Project, for the duration of the Project. .2 Duration of the Project - includes the time from the beginning of the Work on the Project until the CONTRACTOR's/ person's Work on the Project has been completed and accepted by the OWNER. .3 Persons providing services on the Project ("subcontractor" herein) - includes all persons or entities performing all or part of the services the CONTRACTOR has undertaken to perform on the Project, regardless of whether that person contracted directly with the CONTRACTOR and regardless of whether that person has employees. This includes, by way of illustration and not of limitation, 00700 04-2020 Page 10 General Conditions independent contractors, Subcontractors, leasing companies, motor carriers, owner-operators, employees of any such entity, or employees of any entity which furnishes persons to provide services on the Project. "Services" include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project. "Services" does not include activities unrelated to the Project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. 5.2.2 The CONTRACTOR shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all employees of the CONTRACTOR providing services on the Project, for the duration of the Project. 5.2.3 The OWNER will not execute the Contract prior to the CONTRACTOR providing all required certificates of coverage. 5.2.4 If the coverage period shown on the CONTRACTOR's current certificate of coverage ends during the duration of the Project, the CONTRACTOR must, prior to the end of the coverage period, file a new certificate of coverage with the OWNER showing that coverage has been extended. 5.2.5 The CONTRACTOR shall obtain from each person providing services on the Project, and provide to the OWNER: .1 a certificate of coverage, prior to that person beginning Work on the Project, so the OWNER will have on file certificates of coverage showing coverage for all persons providing services on the Project; and .2 no later than seven (7)days after receipt by the CONTRACTOR, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the Project. 5.2.6 The CONTRACTOR shall retain all required certificates of coverage for the duration of the Project and for one (1) year thereafter. 5.2.7 The CONTRACTOR shall notify the OWNER in writing by certified mail or personal delivery within ten (10) days after the CONTRACTOR knew or should have known of any change that materially affects the provision of coverage of any person providing services on the Project. 5.2.8 The CONTRACTOR shall post at its office or on each Project site a notice, in the text, form and manner prescribed by the Texas Workers' Compensation Commission, informing all persons providing services on the Project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage. 5.2.9 The CONTRACTOR shall contractually require each person with whom it contracts to provide services on a Project to: .1 provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44)for all of its employees providing services on the Project, for the duration of the Project; .2 provide to the CONTRACTOR, prior to that person beginning Work on the Project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the Project, for the duration of the Project; .3 provide the CONTRACTOR, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the Project; 00700 04-2020 Page 11 General Conditions .4 obtain from each other person with whom it contracts, and provide to the CONTRACTOR: a) a certificate of coverage, prior to the other person beginning Work on the Project; and b) a new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the Project; .5 retain all required certificates of coverage on file for the duration of the Project and for one (1) year thereafter; .6 notify the OWNER in writing by certified mail or personal delivery within ten (10)days after the person knew or should have known of any change that materially affects the provision of coverage of any person providing services on the Project; and .7 contractually require each person with whom it contracts, to perform as required by paragraphs 5.2.9.1 - 5.2.9.7, with the certificates of coverage to be provided to the person for whom they are providing services. 5.2.10 By signing this Contract or providing or causing to be provided a certificate of coverage, the CONTRACTOR is representing to the OWNER that all employees of the CONTRACTOR who will provide services on the Project will be covered by workers'compensation coverage for the duration of the Project,that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self-insured, with the commission's Division of Self-Insurance Regulation. Providing false or misleading information may subject the CONTRACTOR to administrative penalties, criminal penalties, civil penalties, or other civil actions. 5.2.11 The CONTRACTOR's failure to comply with any of these provisions is a breach of Contract by the CONTRACTOR which entitles the OWNER to declare the Contract void if the CONTRACTOR does not remedy the breach within ten (10)days after receipt of notice of breach from the OWNER. 5.3 Contractor Insurance Requirements: For specific bond requirements and additional insurance requirements, refer to the Supplemental General Conditions. 5.3.1.1 General Requirements: .1 CONTRACTOR shall carry insurance in the types and amounts indicated below for the duration of the Contract, which shall include items owned by OWNER in the care, custody and control of CONTRACTOR prior to and during construction and warranty period. .2 CONTRACTOR must complete and forward the required Certificates of Insurance to OWNER before the Contract is executed as verification of coverage required below. CONTRACTOR shall not commence Work until the required insurance is obtained and until such insurance has been reviewed by OWNER. Approval of insurance by OWNER shall not relieve or decrease the liability of CONTRACTOR hereunder and shall not be construed to be a limitation of liability on the part of CONTRACTOR. CONTRACTOR must also complete and forward the required Certificates of Insurance to OWNER whenever a previously identified policy period has expired as verification of continuing coverage. .3 CONTRACTOR's insurance coverage is to be written by companies licensed to do business in the State of Texas at the time the policies are issued and shall be written by companies with A.M. Best ratings of B+VII or better, except for hazardous material insurance which shall be written by companies with A.M. Best ratings of A-or better. 00700 04-2020 Page 12 General Conditions .4 All endorsements naming the OWNER as additional insured, waivers, and notices of cancellation endorsements as well as the Certificate of Insurance shall indicate: City of Round Rock, 221 E. Main St., Round Rock, Texas 78664. .5 The "other" insurance clause shall not apply to the OWNER where the OWNER is an additional insured shown on any policy. It is intended that policies required in the Contract, covering both OWNER and CONTRACTOR, shall be considered primary coverage as applicable. .6 If insurance policies are not written for amounts specified below, CONTRACTOR shall carry Umbrella or Excess Liability Insurance for any differences in amounts specified. If Excess Liability Insurance is provided, it shall follow the form of the primary coverage. .7 OWNER shall be entitled, upon request and without expense, to receive certified copies of policies and endorsements thereto and may make any reasonable requests for deletion or revision or modification of particular policy terms, conditions, limitations, or exclusions except where policy provisions are established by law or regulations binding upon either of the parties hereto or the underwriter on any such policies. .8 OWNER reserves the right to review the insurance requirements set forth during the effective period of this Contract and to make reasonable adjustments to insurance coverage, limits, and exclusions when deemed necessary and prudent by OWNER based upon changes in statutory law, court decisions, the claims history of the industry or financial condition of the insurance company as well as CONTRACTOR. .9 CONTRACTOR shall not cause any insurance to be canceled nor permit any insurance to lapse during the term of the Contract or as required in the Contract. .10 CONTRACTOR shall be responsible for premiums, deductibles and self-insured retentions, if any, stated in policies. All deductibles or self-insured retentions shall be disclosed on the Certificate of Insurance. .11 CONTRACTOR shall provide OWNER thirty (30) days written notice of erosion of the aggregate limits below occurrence limits for all applicable coverages indicted within the Contract. .12 If OWNER-owned property is being transported or stored off-site by CONTRACTOR, then the appropriate property policy will be endorsed for transit and storage in an amount sufficient to protect OWNER's property. .13 The insurance coverages required under this contract are required minimums and are not intended to limit the responsibility or liability of CONTRACTOR. 5.3.1.2 Business Automobile Liability Insurance. Provide coverage for all owned, non-owned and hired vehicles. The policy shall contain the following endorsements in favor of OWNER: a) Waiver of Subrogation endorsement TE 2046A; b) 30 day Notice of Cancellation endorsement TE 0202A; and c) Additional Insured endorsement TE 9901 B. Provide coverage in the following types and amounts: 00700 04-2020 Page 13 General Conditions .1 A minimum combined single limit of$500,000 per occurrence for bodily injury and property damage. Alternate acceptable limits are $250,000 bodily injury per person, $500,000 bodily injury per occurrence and at least$100,000 property damage liability each accident. 5.3.1.3 Workers' Compensation and Employers' Liability Insurance: Coverage shall be consistent with statutory benefits outlined in the Texas Workers' Compensation Act (Section 401). CONTRACTOR shall assure compliance with this Statute by submitting two (2) copies of a standard certificate of coverage (e.g. ACCORD form) to Owner's Representative for every person providing services on the Project as acceptable proof of coverage. The required Certificate of Insurance must be presented as evidence of coverage for CONTRACTOR. Workers' Compensation Insurance coverage written by the Texas Workers Compensation Fund is acceptable to OWNER. CONTRACTOR's policy shall apply to the State of Texas and include these endorsements in favor of OWNER: a) Waiver of Subrogation, form WC 420304; and b) 30 day Notice of Cancellation, form WC 420601. The minimum policy limits for Employers' Liability Insurance coverage shall be as follows: .1 $100,000 bodily injury per accident, $500,000 bodily injury by disease policy limit and $100,000 bodily injury by disease each employee. 5.3.1.4 Commercial General Liability Insurance. The Policy shall contain the following provisions: a) Blanket contractual liability coverage for liability assumed under the Contract and all contracts relative to this Project. b) Completed Operations/Products Liability for the duration of the warranty period. c) Explosion, Collapse and Underground (X, C & U)coverage. d) Independent Contractors coverage. e) Aggregate limits of insurance per project, endorsement CG 2503. f) OWNER listed as an additional insured, endorsement CG 2010. g) 30 day notice of cancellation in favor of OWNER, endorsement CG 0205. h) Waiver of Transfer of Recovery Against Others in favor of OWNER, endorsement CG 2404. Provide coverages A&B with minimum limits as follows: .1 A combined bodily injury and property damage limit of$500,000 per occurrence. 5.3.1.5 Builders' Risk Insurance. CONTRACTOR shall maintain Builders' Risk Insurance or Installation Insurance on an all risk physical loss form in the Contract Amount. Coverage shall continue until the Work is accepted by OWNER. OWNER shall be a loss payee on the policy. If off site storage is permitted, coverage shall include transit and storage in an amount sufficient to protect property being transported or stored. 5.4 Bonds: 00700 04-2020 Page 14 General Conditions 5.4.1 General. .1 Bonds, when required, shall be executed on forms furnished by or acceptable to OWNER. All bonds signed by an agent must be accompanied by a certified copy of such agent's authority to act. .2 If the surety on any bond furnished by CONTRACTOR is declared bankrupt or becomes insolvent or its right to do business is terminated in the State of Texas or it ceases to meet the requirements of the preceding paragraph,CONTRACTOR shall within ten(10)days thereafter substitute another bond and surety, both of which must be acceptable to OWNER. .3 When Performance Bonds and/or Payment Bonds are required, each shall be issued in an amount of one hundred percent (100%) of the Contract Amount as security for the faithful performance and/or payment of all CONTRACTOR's obligations under the Contract Documents. Performance Bonds and Payment Bonds shall be issued by a solvent surety company authorized to do business in the State of Texas, and shall meet any other requirements established by law or by OWNER pursuant to applicable law. Any surety duly authorized to do business in Texas may write Performance and Payment Bonds on a project without reinsurance to the limit of 10 percent of its capital and surplus. Such a surety must reinsure any obligations over 10 percent. .4 If CONTRACTOR has failed to obtain or maintain a required bond, OWNER may exclude the CONTRACTOR from the site of the Project and exercise OWNER's suspension and/or termination rights under the Contract Documents. 5.4.2 Performance Bond. .1 If the Contract Amount exceeds $100,000, CONTRACTOR shall furnish OWNER with a Performance Bond in the form set out by OWNER. .2 If the Contract Amount exceeds $25,000 but is less than or equal to $100,000, CONTRACTOR shall furnish OWNER with a Performance Bond in the form set out by OWNER, unless the original Contract Time is 60 Calendar Days/40 Working Days or less, in which case CONTRACTOR can agree to the following terms and conditions for payment in lieu of providing a Performance Bond: no money will be paid to CONTRACTOR until completion and acceptance of the Work by OWNER; CONTRACTOR shall be entitled to receive 95%of the Contract Amount following Final Completion, and the remaining 5%of the Contract Amount following the one year warranty period. .3 If the Contract Amount is less than or equal to $25,000, CONTRACTOR will not be required to furnish a Performance Bond; provided that no money will be paid to CONTRACTOR until completion and acceptance of the Work by OWNER under the following terms and conditions: CONTRACTOR shall be entitled to receive 95%of the Contract Amount following Final Completion, and the remaining 5%of the Contract Amount following the one year warranty period. .4 If a Performance Bond is required to be furnished, it shall extend for the one year warranty period. 5.4.3 Payment Bond. .1 If the Contract Amount exceeds $50,000, CONTRACTOR shall furnish OWNER with a Payment Bond in the form set out by OWNER. .2 If the Contract Amount is less than or equal to $50,000, CONTRACTOR will not be required to furnish a Payment Bond; provided that no money will be paid to CONTRACTOR until completion and acceptance of the Work by OWNER under the terms and conditions specified in paragraph 5.4.2.3. 00700 04-2020 Page 15 General Conditions ARTICLE 6 - CONTRACTOR'S RESPONSIBILITIES 6.1 Supervision and Superintendence: 6.1.1 The CONTRACTOR shall supervise, inspect and direct the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Contract Documents. Unless otherwise directed by the OWNER in the Contract Documents, the CONTRACTOR shall be solely responsible for the means, methods, techniques, sequences and procedures of construction. The CONTRACTOR shall be responsible to see that the completed Work complies accurately with the Contract Documents. 6.1.2 The CONTRACTOR shall have an English-speaking, competent Superintendent on the Work at all times that work is in progress. Upon request of Owner's Representative, the CONTRACTOR shall present the resume of the proposed Superintendent to Owner's Representative showing evidence of experience and successful superintendence and direction of work of a similar scale and complexity. If, in the opinion of Owner's Representative, the proposed Superintendent does not indicate sufficient experience in line with the Work, he/she will not be allowed to be the designated Superintendent for the Work. The Superintendent shall not be replaced without Written Notice to Owner's Representative. If the CONTRACTOR deems it necessary to replace the Superintendent, the CONTRACTOR shall provide the necessary information for approval, as stated above, on the proposed new Superintendent. A qualified substitute Superintendent may be designated in the event that the designated Superintendent is temporarily away from the Work, but not to exceed a time limit acceptable to Owner's Representative. The CONTRACTOR shall replace the Superintendent upon the OWNER's request in the event the Superintendent is unable to perform to the OWNER's satisfaction. The Superintendent will be the CONTRACTOR's representative on the Work and shall have the authority to act on behalf of the CONTRACTOR. All communications given to the Superintendent shall be as binding as if given to the CONTRACTOR. Either the CONTRACTOR or the Superintendent shall provide an emergency and home telephone number at which one or the other may be reached if necessary when work is not in progress. 6.2 Labor, Materials and Equipment: 6.2.1 The CONTRACTOR agrees to employ only orderly and competent workers, skillful in performance of the type of Work required under this Contract. The CONTRACTOR, Subcontractors, Sub-subcontractors, and their employees may not use or possess any firearms, alcoholic or other intoxicating beverages, illegal drugs or controlled substances while on the job or on the OWNER's property, nor may such workers be intoxicated, or under the influence of alcohol or drugs, on the job. If the OWNER or Owner's Representative notifies the CONTRACTOR that any worker is incompetent, disorderly or disobedient, has knowingly or repeatedly violated safety regulations, has possessed any firearms, or has possessed or was under the influence of alcohol or drugs on the job, the CONTRACTOR shall immediately remove such worker from performing Contract Work, and may not employ such worker again on Contract Work without the OWNER's prior written consent. The CONTRACTOR shall at all times maintain good discipline and order on or off the site in all matters pertaining to the Project. The CONTRACTOR shall pay workers no less than the wage rates established in Section 00900, and maintain weekly payroll reports as evidence thereof. 6.2.2 Unless otherwise specified, the CONTRACTOR shall provide and pay for all materials, equipment, labor, transportation, construction equipment and machinery, tools, appliances, fuel, power, light, heat, telephone, water, sanitary facilities, temporary facilities and all other facilities and incidentals necessary for the furnishing, performance, re-testing of defective work, start-up and completion of the Work. 6.2.3 All materials and equipment shall be of good quality and new (including new products made of recycled materials), except as otherwise provided in the Contract Documents. If required by Owner's Representative, the CONTRACTOR shall furnish satisfactory evidence (reports of required tests, manufacturer's certificates of compliance with material requirements, mill reports, etc.) as to the kind, quantity and quality of materials and equipment. All materials and equipment shall be applied, installed, connected, erected, used, cleaned and conditioned in accordance with instructions of the applicable Supplier, except as otherwise provided in the Contract Documents. 00700 04-2020 Page 16 General Conditions 6.2.4 Substitutes and "Approved Equal" Items: 6.2.4.1 Whenever an item of material or equipment is specified or described in the Contract Documents by using the name of a proprietary item or the name of a particular Supplier, the specification or description is intended to establish the type, function and quality required. Unless the specification or description contains words reading that no like, equivalent or"approved equal" item or no substitution is permitted, other items of material or equipment of other Suppliers may be submitted to Owner's Representative under the following circumstances: .1 "Approved Equal": If, in the OWNER's sole discretion, an item of material or an item of equipment proposed by the CONTRACTOR is functionally equal to that named and sufficiently similar so that no change in related Work will be required, it may be considered by the OWNER as an "approved equal" item, in which case review of the proposed item may, in the OWNER's sole discretion, be accomplished without compliance with some or all of the requirements for evaluation of proposed substitute items. The CONTRACTOR shall provide the OWNER with the documentation required for the OWNER to make its determination. .2 Substitute Items: If, in the OWNER's sole discretion, an item of material or an item of equipment proposed by the CONTRACTOR does not qualify as an "approved equal" item under paragraph 6.2.4.1.1, then it will be considered a proposed substitute item. The CONTRACTOR shall submit sufficient information to allow the OWNER to determine that the item of material or item of equipment proposed is essentially equivalent to that named and a substitute therefor. 6.2.4.2 Substitute Construction Methods and Procedures: If a specific means, method, technique, sequence or procedure of construction is shown or indicated in and expressly required by the Contract Documents, the CONTRACTOR may with prior approval of the OWNER furnish or utilize a substitute means, method, technique, sequence, or procedure of construction. The CONTRACTOR shall submit sufficient information to Owner's Representative to allow the OWNER, in the OWNER's sole discretion, to determine that the substitute proposed is equivalent to that expressly called for by the Contract Documents. 6.2.4.3 OWNER's Evaluation: The OWNER will be allowed a reasonable time within which to evaluate each proposal or submittal made pursuant to paragraph 6.2.4.1.1 and paragraph 6.2.4.1.2. The OWNER will be the sole judge of acceptability. No "approved equal" or substitute shall be ordered, installed, or utilized until the OWNER's review is complete, which will be evidenced by either a Change Order or completion of the Shop Drawing review procedure. The OWNER may require the CONTRACTOR to furnish at the CONTRACTOR's expense a special performance guarantee or other surety bond with respect to any"approved equal"or substitute. The OWNER shall not be responsible for any delay due to review time for any "approved equal" or substitute. 6.2.4.4 CONTRACTOR's Expense: All data to be provided by the CONTRACTOR in support of any proposed "approved equal" or substitute item will be at the CONTRACTOR's expense. 6.2.5 The CONTRACTOR agrees to assign to the OWNER any rights it may have to bring antitrust suits against its Suppliers for overcharges on materials incorporated in the Project growing out of illegal price fixing agreements. The CONTRACTOR further agrees to cooperate with the OWNER should the OWNER wish to prosecute suits against Suppliers for illegal price fixing. 6.3 Progress Schedule: Unless otherwise directed, the CONTRACTOR shall adhere to the progress schedule established in accordance with paragraph 2.6 as it may be adjusted from time to time as provided below: .1 The CONTRACTOR shall submit to Owner's Representative for acceptance proposed adjustments in the progress schedule that will not change the Contract Times or Milestones. Such adjustments will conform generally to the progress schedule then in effect. 00700 04-2020 Page 17 General Conditions .2 Proposed adjustments in the progress schedule that will change the Contract Times or Milestones shall be submitted in accordance with the requirements of Article 12. Such adjustments may only be made by a Change Order or Time Extension Request in accordance with Article 12. 6.4 Concerning Subcontractors, Suppliers and Others: 6.4.1 Assignment: The CONTRACTOR agrees to retain direct control of and give direct attention to the fulfillment of this Contract. The CONTRACTOR agrees not to, by Power of Attorney or otherwise, assign said Contract without the prior written consent of the OWNER. 6.4.2 Award of Subcontracts for Portions of the Work: The CONTRACTOR shall not employ any Subcontractor, Supplier or other person or organization, whether initially or as a substitute, against whom the OWNER may have reasonable objection. The CONTRACTOR must provide the OWNER with a list of all Subcontractors, Suppliers, or other persons or organizations it will use in the Work, and such list must be provided prior to the preconstruction conference. Should the OWNER have objections,the OWNER will communicate such objections by Written Notice. If the OWNER requires a change without good cause of any Subcontractor, person or organization previously accepted by OWNER,the Contract Amount may be increased or decreased by the difference in the cost occasioned by any such change, and an appropriate Change Order shall be issued. The CONTRACTOR shall not substitute any Subcontractor, person or organization that has been accepted by the OWNER, unless the substitute has been accepted in writing by the OWNER. No acceptance by the OWNER of any Subcontractor, Supplier or other person or organization shall constitute a waiver of any right of the OWNER to reject defective Work. 6.4.3 The CONTRACTOR shall enter into written agreements with all Subcontractors and Suppliers which specifically bind the Subcontractors or Suppliers to the applicable terms and conditions of the Contract Documents for the benefit of the OWNER and E/A. The OWNER reserves the right to specify that certain requirements shall be adhered to by all Subcontractors and Sub-subcontractors as indicated in other portions of the Contract Documents and these requirements shall be made a portion of the agreement between the CONTRACTOR and Subcontractor or Supplier. 6.4.4 The CONTRACTOR shall be fully responsible to the OWNER for all acts and omissions of the Subcontractors, Suppliers and other persons and organizations performing or furnishing any of the Work under a direct or indirect contract with the CONTRACTOR just as the CONTRACTOR is responsible for the CONTRACTOR's own acts and omissions. Nothing in the Contract Documents shall create for the benefit of any such Subcontractor, Supplier or other person or organization any contractual relationship between the OWNER and any such Subcontractor, Supplier or other person or organization, nor shall it create any obligation on the part of the OWNER or E/A to pay or to see to the payment of any amounts due any such Subcontractor, Supplier or other person or organization except as may otherwise be required by laws and regulations. 6.4.5 The CONTRACTOR shall be solely responsible for scheduling and coordinating the Work of Subcontractors, Suppliers and other persons and organizations performing or furnishing any of the Work under a direct or indirect contract with the CONTRACTOR. The CONTRACTOR shall require all Subcontractors, Suppliers and such other persons and organizations performing or furnishing any of the Work to communicate with Owner's Representative through the CONTRACTOR. 6.4.6 The divisions and sections of the Specifications and the identifications of any Drawings shall not control the CONTRACTOR in dividing or delineating the Work to be performed by any specific trade. 6.4.7 The CONTRACTOR shall pay each Subcontractor and Supplier their appropriate share of payments made to the CONTRACTOR not later than ten (10) Days after the CONTRACTOR's receipt of payment from the OWNER. 6.5 Patent Fees and Royalties: 6.5.1 The CONTRACTOR shall be responsible at all times for compliance with applicable patents or copyrights encompassing, in whole or in part, any design, device, material, or process utilized, directly or indirectly, in the performance of the Work or the formulation or presentation of its Bid. 00700 04-2020 Page 18 General Conditions 6.5.2 The CONTRACTOR shall pay all royalties and license fees and shall provide, prior to commencement of Work hereunder and at all times during the performance of same, for lawful use of any design, device, material or process covered by letters, patent or copyright by suitable legal agreement with the patentee, copyright holder, or their duly authorized representative whether or not a particular design, device, material, or process is specified by the OWNER. 6.5.3 The CONTRACTOR shall defend all suits or claims for infringement of any patent or copyright and shall indemnify and save the OWNER harmless from any and all claims, costs, losses, expenses and damages(including but not limited to attorney's fees and consultant fees), direct or indirect, arising with respect to the CONTRACTOR's process in the formulation of its bid or the performance of the Work or otherwise arising in connection therewith. The OWNER reserves the right to provide its own defense, with counsel of its own choosing, to any suit or claim of infringement of any patent or copyright in which event the CONTRACTOR shall indemnify and save harmless the OWNER from all costs and expenses of such defense as well as satisfaction of all judgments entered against the OWNER. 6.5.4 The OWNER shall have the right to stop the Work and/or terminate this Agreement at any time in the event the CONTRACTOR fails to disclose to the OWNER that the CONTRACTOR's work methodology includes the use of any infringing design, device, material or process. 6.6 Permits, Fees: Unless otherwise provided in the Supplemental General Conditions, the CONTRACTOR shall obtain and pay for all construction permits, licenses and fees required for prosecution of the Work. OWNER will obtain and pay for the following permits, licenses and/or fees, if required: .1 Site Development Permit. .2 Building Permit(s). .3 Texas Department of Transportation permit for work in State rights-of-way. .4 Railroad Utility License Agreement. 6.7 Laws and Regulations: 6.7.1 The CONTRACTOR shall give all notices and comply with all laws and regulations applicable to furnishing and performing the Work. Except where otherwise expressly required by applicable laws and regulations, neither the OWNER nor E/A shall be responsible for monitoring the CONTRACTOR's compliance with any laws and regulations. 6.7.2 The CONTRACTOR shall plan and execute its operations in compliance with all applicable Federal, State and local laws and regulations, including those concerning control and abatement of water pollution and prevention and control of air pollution. 6.7.3 If the CONTRACTOR performs any Work that it is contrary to laws or regulations, then the CONTRACTOR shall bear and shall indemnify, defend and hold OWNER harmless from all claims, costs, losses and damages arising therefrom; however, it shall not be the CONTRACTOR's primary responsibility to make certain that the Specifications and Drawings are in accordance with laws and regulations, but this does not relieve the CONTRACTOR of the CONTRACTOR's obligations under Article 3. 6.8 Taxes: 6.8.1 The CONTRACTOR shall pay all sales, consumer, use and other similar taxes required to be paid by the CONTRACTOR in accordance with the laws and regulations of the State of Texas. 00700 04-2020 Page 19 General Conditions 6.8.2 The OWNER is an exempt organization as defined by Chapter 11 of the Property Tax Code of Texas and is thereby exempt from payment of Sales Tax under Chapter 151, Limited Use Sales, Excise and Use Tax, Texas Tax Code, and Chapter 321, Texas Tax Code. 6.9 Use of Premises: 6.9.1 The CONTRACTOR shall confine construction equipment, the storage of materials and equipment and the operations of workers to the site and land and areas identified in and permitted by the Contract Documents and other land and areas permitted by laws and regulations, rights-of-way, permits and easements, and shall not unreasonably encumber the premises with construction equipment or other materials or equipment. The CONTRACTOR shall assume full responsibility for any damage to any such land or area, or to the owner or occupant thereof or of any adjacent land or areas, resulting from the performance of the Work. Should any claim be made by any such owner or occupant because of the performance of the Work, the CONTRACTOR shall promptly settle with such other party by negotiation or otherwise resolve the claim by dispute resolution proceeding or at law. The CONTRACTOR shall indemnify, defend and hold harmless the OWNER, E/A, E/A's consultants and anyone directly or indirectly employed by any of them from and against all claims, costs, losses and damages (including court costs and reasonable attorneys'fees) arising out of or resulting from any claim or action, legal or equitable, brought by any such owner or occupant against the OWNER, E/A or any other party indemnified hereunder to the extent caused by or based upon performance of the Work or failure to perform the Work. 6.9.2 During the progress of the Work and on a daily basis, the CONTRACTOR shall keep the premises free from accumulations of waste materials, rubbish and other debris resulting from the Work. At the completion of the Work, the CONTRACTOR shall remove all waste materials, rubbish and debris from and about the premises as well as all tools, appliances, construction equipment and machinery and surplus materials. The CONTRACTOR shall leave the site clean and ready for occupancy by the OWNER at Substantial Completion of the Work. The CONTRACTOR shall, at a minimum, restore to original condition all property not designated for alteration by the Contact Documents. 6.9.3 The CONTRACTOR shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall the CONTRACTOR subject any part of the Work or adjacent property to stresses or pressures that will endanger it. 6.10 Record Documents: The CONTRACTOR shall maintain in a safe place at the site, or other location acceptable to the OWNER, one (1) record copy of all Drawings, Specifications,Addenda, Change Orders, Change Directives, Field Orders and written interpretations and clarifications (issued pursuant to paragraph 9.5) in good order and annotated to show all changes made during construction. These record documents, together with all final samples and all final Shop Drawings,will be available to the OWNER and E/A for reference during performance of the Work. Upon Substantial Completion of the Work, these record documents, samples and Shop Drawings showing the final "as built" construction of the Project shall be promptly delivered to Owner's Representative. 6.11 Safety and Protection: 6.11.1 The CONTRACTOR shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work. Upon request, and prior to installation of measures,the CONTRACTOR shall submit a site security and safety plan for approval by the OWNER. By reviewing the plan or making recommendations or comments, the OWNER will not assume liability nor will the CONTRACTOR be relieved of liability for damage, injury or loss. The CONTRACTOR shall take all necessary precautions for the safety of and shall provide the necessary protection to prevent damage, injury or loss to: .1 all persons on the Work site or who may be affected by the Work; .2 all the Work and materials and equipment to be incorporated therein, whether in storage on or off the site; and 00700 04-2020 Page 20 General Conditions