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Contract - Braun & Butler Construction, Inc. - 2/27/2025 low CITY OF ROUND ROCK IFC/ORIGINAL GENERAL SERVICES ROUND ROCK TEXAS Project Manual For: Fire Station No. 10 February 2025 Prepared By: Hayden Schiller Project Manager Building Construction Division General Service Department APPROVED BY CITY ATTORNEY TBPE Firm Registration No #17821 Fire Station #10 Volume No. 1 Proposal Documents TABLE OF CONTENTS Section Description No. of Pages 00020 Notice to Bidders 1 00100 Instructions to Bidders 4 Exhibit A 1 00200 Bid Bond 2 00300 Proposal Form 4 00410 Statement of Bidder's Safety Experience 1 00500 Agreement 5 00600 Insurance & Construction Bond Forms Performance & Payment Bond Instructions 1 Insurance Instructions 1 00610 Performance Bond 2 00620 Payment Bond 2 00650 Certificate of Liability Insurance 1 00700 General Conditions 41 00800 Supplemental General Conditions 2 00900 Special Conditions 5 01000 Technical Specifications 02000 Plans, Details and Notes 8-2016 Table of Contents 00090665 Notice to Proposers Pursuant to the provisions of Texas Local Government Code, Section 2269.056, it is the intention of the City of Round Rock to select, via the Request for Proposal, to select a Prime Contractor by using the Competitive Sealed Proposal process for the construction of the Fire Station #10 as generally described herein. The project includes 13,951 SF masonry and stone clad fire station for the City of Round Rock. The new facility is fully sprinkled, Class "B" occupancy and construction Type V-B. It will be built on City of Round Rock owned property located at 4380 E Old Settlers Blvd., Round Rock, Texas 78665. Estimated construction budget is $8,145,000.00. Proposals are required to be submitted through the City's procurement portal "Bonfire" at: https://roundrocktexas.bonfirehub.com. Proposals must be electronically submitted in sufficient time so as to be received on or before the time and date shown on this Request. It is the sole responsibility of the Proposer to ensure the timely submittal of the Proposal. Bonfire will no longer accept Proposals after 3:30PM on December 5, 2024. No oral, telegraphic, or facsimile proposals will be accepted. No late proposals will be accepted. No proposals may be withdrawn after the scheduled proposal deadline. All proposals received after the scheduled proposal deadline cannot be considered and will not be accepted. Proposals are to include the specific qualification information requested in the sequence and format prescribed in the Proposal Packet that may be obtained from https://roundrocktexas.bonfirehub.com. The proposal packets will be available beginning at 3:OOPM on November 8, 2024. A pre-proposal meeting will be held online via Teams (Meeting ID: 292 896 821 Access Code: F5kBRb) on November 13, 2024 at 9:OOam. Attendance is encouraged but is not mandatory. The Architect/ Engineer and the Owner's Rep will be in attendance to discuss the project. Proposals received will be opened and publicly displayed on Bonfire, in the form of a "Bid Tab" and available through Bonfire shortly after the Proposal deadline. Proposals will be publicly opened and read aloud online on December 5, 2024 at 3:30pm via Teams Meeting ID: 230 471 831 034 and Access Code: br8MZ3) Each proposal must be accompanied by a cashier's check or acceptable bond payable to the City of Round Rock in an amount not less than five percent (5%) of the total proposed contract sum, plus alternates as submitted. The successful proposer will be required to furnish payment bonds and performance bonds in amounts equal to one hundred percent (100%) of the contract sum, in accordance with chapter 2253 of the Texas government Code, within five (5) days of award of contract. Selection of the successful Proposer will be based on the selection criteria set forth in the instructions to proposers. In case of ambiguity, duplication or obscurity in the proposals, The City of Round Rock reserves the right to reject any and/or all proposals and waive any informalities and irregularities in any and/or all proposals received in Bonfire. Contractors and subcontractors shall pay to laborers, workman and mechanics the prevailing wage rates as determined by the City of Round Rock Publication Dates: Austin American Statesman The Round Rock Leader 1. 11/8/2024 1. 11/8/2024 2. 11/15/2024 2. 11/15/2024 00100 INSTRUCTIONS TO PROPOSERS City of Round Rock, Texas Instructions to Proposers: Section 00100 INSTRUCTIONS TO PROPOSERS Fire Station #10 1.1 RELATED DOCUMENTS A. Drawings and general provisions of the contract forms, including General Conditions and Supplemental General Conditions and other specification sections, are applicable documents. 1.2 DEFINITIONS A. All definitions set forth in the General Conditions and Supplemental General Conditions, in Round Rock's "Standard Form of Agreement between Owner and Contractor," and in other contract documents are applicable to these proposal documents. B. Proposals are required to be submitted through the City's procurement portal "Bonfire" at: https:Hroundrocktexas.bonfirehub.com. Proposal documents include the Request for Competitive Sealed Proposals for Construction Services, Instructions to Proposers, Proposal Form, sample bond and contract forms, and the proposed contract documents including any addenda issued prior to receipt of proposals. C. Addenda are written or graphic instruments issued prior to the close date in Bonfire of the proposals which modify or interpret the proposal documents (including drawings and specifications) by additions, deletions, clarifications, or corrections. Addenda become part of the contract documents when the Standard Form of Agreement between Owner and Contractor is executed. D. The City of Round Rock may be referred to in the proposal documents as Owner. E. A proposal is a complete and properly signed proposal to do the Work for the sums stipulated therein, submitted in accordance with the proposal documents. F. The base contract sum is the sum stated in the proposal for which the Proposer offers to perform the work described in the proposal documents as the base, to which work may be added or from which work may be deleted, for sums stated in alternate proposals, if alternate proposals are required. G. An alternate proposal (or alternate) is an amount stated in the proposal to be added to or deducted from the amount of the base contract sum and the corresponding change in the work, as described in the proposal documents or in the proposed contract documents. H. A unit price is an amount stated in the proposal as a price per unit of measurement for materials or service as described in the proposal documents or in the proposed contract documents. 1. A Proposer is a person or entity who submits a proposal. J. A subcontractor is a person or entity who submits a proposal to a Proposer for materials or labor for a portion of the Work. K. The Contractor is the person or entity that has been determined to provide the best value for Owner based on Owner's Selection Criteria and its ranking evaluation, and to whom Owner awards the contract. L. Contract refers to the City of Round Rock's"Standard Form of Agreement between Owner and Contractor." 1.3 EXAMINATION OF DOCUMENTS AND SITE A. Each Proposer, by making a proposal, represents that she/he has read and understands the proposal documents. B Each Proposer, by making a proposal, represents that she/he has visited the site, performed investigations and verifications as she/he deems necessary, and familiarized her/himself with the local conditions under which the Work is to be performed, and will be responsible for any and all errors in her/his proposal resulting from failure to do so. C. The location and elevations of the various utilities and pipe work included within the scope of the Work are offered as a general guide only, without guarantee as to accuracy. The Proposer shall verify and investigate to her/his own satisfaction the location and elevation of all utilities, pipe work, and the like and shall adequately inform her/himself of their relation to the work before submitting a proposal. D. Before electronically submitting a proposal in Bonfire each Proposer will, at Proposer's own expense, make or obtain any additional examinations, investigations,explorations,tests and studies and obtain any additional information (surface, subsurface, and underground facilities) at or contiguous to the site, or otherwise,which may affect cost, progress,performance or furnishing of the Work and which Proposer deems necessary to determine her/his proposal for performing and furnishing the Work in accordance with the time, price and other terms and conditions of the contract documents. E. On request in advance, Owner will provide each Proposer access to the site to conduct explorations and tests as each Proposer deems necessary for submission of a proposal. Proposer shall fill all holes, clean up, and restore the site to its former condition upon completion of such explorations. F. The lands upon which the Work is to be performed, all rights-of way and easements for access thereto, and other lands designated for use by Contractor in performing the Work are identified in the contract documents. G. Each Proposer,by making her/his proposal,represents that her/his proposal is based upon the materials, systems, and equipment required by the proposal documents without exception. 1.4 PROPOSAL DOCUMENTS A. Complete sets of proposal documents shall be used in preparing proposals; neither Owner nor the Architect or Engineer assumes any responsibility for errors or misinterpretations resulting from use of incomplete sets of proposal documents. B. Owner or the Architect or Engineer, in making copies of the proposal documents available on the above terms, do so only for the purpose of obtaining proposals on the Work and do not confer a license or grant for any other use. 1.5 PROPOSAL PROCEDURES A. All proposals shall be prepared on the Proposal Form provided by the Architect or Engineer and submitted in accordance with these Instructions to Proposers. Proposers shall provide all requested information. B. A proposal is invalid if it has not been submitted through the City's procurement portal "Bonfire" at: https:Hroundrocktexas.bonfirehub.com indicated in the Request for Competitive Sealed Proposals for Construction Services and/or the Notice to Proposers [included at Section 00020 of the Project Manual], or prior to any extension thereof issued by addenda to the proposers. Proposals must be electronically submitted in sufficient time so as to be received on or before the time and date shown on this Request. It is the sole responsibility of the Proposer to ensure the timely submittal of the Proposal. Proposals received after submission deadline will be considered unacceptable and shall be considered void. Owner shall never be held responsible for lateness of submissions or electronic submittal errors in Bonfire. C. Unless otherwise provided in any supplement to these Instructions to Proposers, no proposer shall modify, withdraw, or cancel her/his proposal or any part thereof for one hundred twenty(120)days after the time designated for the receipt of proposals in the Request for Competitive Sealed Proposals for Construction Services. D. Proposals shall not contain any recapitulation of the Work to be done. E. Proposers shall make no additional stipulations on the Proposal Form,nor limit,nor qualify proposals in any other manner. Proposals so qualified will be subject to disqualification. F. Itemized Bids and listed Key Subcontractors are due three (3) business days after bid opening or by December 10,2024, at 3:30PM. Itemized bids must be submitted on the form included with the proposal documents and include a breakdown of major divisions of construction and key Subcontractors list. Key Subcontractors can be described as a licensed trade, any Subcontract totaling 3% or more of the proposed contract sum, or a critical path Subcontractor. Itemized Bids must be submitted in Bonfire, by the date described herein. Email with read receipt is advised. G. A Financial Statement may be included with proposal,marked,"CONFIDENTIAL," and submitted through the City's procurement portal "Bonfire" at https://roundrocktexas.bonfirehub.com. *In lieu of an electronic submittal, a paper copy of the Financial Statement may be delivered to Round Rock City Hall, 221 E. Main Street, Round Rock, TX 78664 before the proposal due date. Financial Statements must be in a sealed envelope and marked "CONFIDENTIAL," addressed to: Attn: Hayden Schiller, General Services RE: Fire Station #10 221 E. Main Street, Round Rock, TX 78664 Sealed envelopes received will be time and date stamped. Any envelopes received after the proposal deadline will not be accepted. H. Summary of key dates: Bid Release— 11/8/2024 Pre Bid Online Teams Meeting— 11/13 Questions/Substitutions Due— 11/20 Answers Due— 11/22 Proposals Due— 12/5 Itemized Bid and Key Subcontractors Due— 12/10 CORR Scoring Committee Meeting— 12/17 Top Ranked Proposers Interviews— 12/19 1.6 DISCREPANCIES AND AMBIGUITIES A. Each proposer shall examine the proposal documents carefully and, not later than, 3:OOPM on November 20,2024,shall make a request,via Bonfire and Bonfire only, to the Owner for questions, interpretations, or corrections of any ambiguity, inconsistency, or error therein. Any interpretations, corrections and changes to proposal documents or extensions to the opening date will be made by addenda to the proposal documents by Owner and communicated publicly through: https:Hroundrocktexas.bonfirehub.com Sole authority to authorize addenda shall be vested in the Owner. All responses will be sent via addenda, prior to bid closing, through Bonfire and Bonfire only. Proposers shall acknowledge receipt of all addenda in Bonfire. It shall be the Proposer's sole responsibility to insure receipt of all addenda before proposal submission in Bonfire. 1.7 SUBSTITUTIONS A. Each Proposer represents that her/his proposal is based upon the materials and equipment described in the proposal documents. B. No substitution will be considered unless written request has been submitted to the Owner for approval not later than 3:OOPM on November 20, 2024. C. If the Architect or Engineer and Owner approve a proposed substitution, such approval will be set forth in an addendum. D. Substitutions not submitted and approved by 3:OOPM on November 20, 2024 may be added as a Voluntary Alternate and submitted at time of bid on the proposal form. 1.8 QUALIFICATION OF PROPOSERS A. Every Proposer shall submit with her/his proposal a properly executed Questionnaire. B. Proposers may be disqualified and their proposals not considered for, by way of illustration but not by way of limitation, any one or more of the following reasons: 1. Reasonable information or belief that collusion exists among Proposers; 2. Proposer being interested in any manner in any litigation involving Owner; 3. Proposer being in arrears on any existing contract or having defaulted on any previous contract; 4. Lack of competency as revealed by the financial statement, experience and equipment, Questionnaire, or qualification statement; 5. Uncompleted work which in the judgment of Owner will prevent or hinder the prompt completion of additional work if awarded. 1.9 PREPARATION OF PROPOSAL A. Proposer shall submit her/his proposal on the Proposal Form furnished as part of the proposal documents in the required format. All blank spaces in all forms shall be correctly filled in and the Proposer shall state the prices, written in words and in figures. Where there is a discrepancy between the price written in words and the price written in figures, the price written in words shall govern. If the proposal is submitted by an individual,that person's name must be signed by that person or by that person's duly authorized agent. If the proposal is submitted by a firm, association or partnership, the name and address of each member must be given, and the proposal must be signed by an official or duly authorized agent. Powers of Attorney which authorize agents or others to sign proposals must be properly certified and must be in writing and submitted with the proposal. 1.10 PROPOSAL SECURITY A. Each proposal must be accompanied by proposal security made payable to Owner in an amount of five percent (5%) of the Proposer's maximum proposal price; and same shall be in the form of a cashier's check or a Proposal Bond, duly executed by Proposer as principal and having as surety thereon a corporate surety authorized and admitted to do business in the state of Texas and licensed to issue such bond, as a guarantee that Proposer will enter into the City's contract and execute the required Performance and Payment Bonds within five (5) days of Owner's award of contract. B. The Proposal Security will be retained until such Proposer has executed the Standard Form of Agreement between Owner and Contractor, and furnished the required bonds,whereupon the proposal security will be returned. If Proposer fails to execute and deliver the Standard Form of Agreement between Owner and Contractor and furnish the required bonds within five (5) days of Owner's award of contract, Owner may annul the award of contract. In that event, the proposal security of that Proposer will be become the property of Owner, not as a penalty but as liquidated damages. Owner reserves the right to award the contract to the next-ranking Proposer based on Owner's evaluations of the proposal, as Owner deems it to be in the best interests of Owner. The proposal security of the other proposers whom Owner believes to have a reasonable chance of receiving the award may be retained by Owner until the earlier of the seventh (7th) day after the effective date of the Standard Form of Agreement between Owner and Contractor or the one hundred twentieth(120th)day after the proposal opening, whereupon the proposal security furnished by such proposers will be returned. C. Owner has the right to retain the proposal security of all Proposers until either: 1. The Standard Form of Agreement between Owner and Contractor has been executed and the bonds have been furnished, or 2. The specified time has elapsed so that proposals may be withdrawn, or 3. All proposals have been rejected. 1.11 PERFORMANCE BOND & LABOR& MATERIAL PAYMENT BOND A. Contractor shall post with Owner, within five (5) days of Owner's award of contract, a Performance Bond in the amount of one hundred percent(100%) of the total contract price in such form as is deemed satisfactory by Owner. This bond shall be executed by a corporate surety company duly authorized and admitted to do business in the state of Texas and licensed to issue such bond in the state. B. Contractor shall post with Owner, within five (5) days of Owner's award of contract, a Payment Bond in the amount of one hundred percent(100%)of the total contract price in such form as is deemed satisfactory by Owner. This bond shall be executed by a corporate surety company duly authorized and admitted to do business in the state of Texas and licensed to issue such bond in the state. C. In addition to the above requirements, if the amount of any bond exceeds One Hundred Thousand and No/100 Dollars ($100,000.00), then the surety on such bond must also: I. Hold a certificate of authority from the United States Secretary of the Treasury to qualify as a surety on obligations permitted or required under federal law; or 2 Have obtained reinsurance for any liability in excess of$100,000.00 from a reinsurer that is authorized and admitted as a reinsurer in Texas and is the holder of a certificate of authority from the United States Secretary of the Treasury to qualify as a surety or reinsurer on obligations permitted or required under federal law. In determining whether the surety on the bond or the reinsurer holds a certificate of authority from the United States Secretary of the Treasury, Owner may conclusively rely on the list of companies holding certificates of authority as acceptable sureties on federal bonds and as acceptable reinsuring companies published in the Federal Register by the United States Department of the Treasury covering the date on which the bond was executed. D. Contractor must file, along with the Performance Bond and Payment Bond, all documents and information necessary to establish that the agent signing the bond is authorized to write the bond in the amount requested and, if applicable, that reinsurance requirements have been met, including limits and ratings or other evidence of company solvency. E. If the corporate surety company on any bond furnished by Contractor to Owner is declared bankrupt or becomes insolvent or such corporate surety company's right to do business in the state of Texas is revoked,then Contractor shall within five(5) days thereafter substitute another bond and corporate surety company, both of which must be deemed acceptable by Owner. 1.12 FILING PROPOSAL A. No proposal will be considered unless it is filed with Owner within the time limit for receiving proposals as stated in the Request for Competitive Sealed Proposals and/or the Notice to Proposers [included at Section 00020 of the Project Manual]. Each proposal is required to be submitted through the City's procurement portal "Bonfire" at: https://roundrocktexas.bonfirehub.com. 1.13 MODIFICATION AND WITHDRAWAL OF PROPOSAL A. No proposal may be withdrawn or modified after the proposal closing except where the award of the contract has been delayed beyond one hundred twenty (120) days after date of proposal opening. 1.14 IRREGULAR PROPOSAL A. Proposals will not be considered if they show any omissions, alterations of form, additions, conditions not requested, unauthorized alternate proposals, or irregularities of any kind. However, Owner reserves the right to waive any irregularities and to make the award in the best interests of Owner. 1.15 REJECTION OF PROPOSAL A. Proposer acknowledges the right of Owner to reject any or all proposals and to waive any informality or irregularity in any proposal received. In addition, Proposer recognizes the right of Owner to reject a proposal if Proposer failed to furnish any required proposal security, or to submit the data required by the proposal documents, or if the proposal is any way deemed incomplete or irregular. 1.16 SELECTION CRITERIA AND OWNER EVALUATION A. Owner intends to award the contract to the Proposer whose proposal represents the best value to Owner according to the selection criteria and the relative weighting set forth herein. The selection criteria that Owner will use in selecting the successful Proposer and the relative weighting of such criteria are as follows: Selection Criteria a) Price: The quoted price, cost methodology, alternatives proposed, and markup for changes. (Total 40pts.) b) Past Projects with References Listed: 1) Has the proposer performed local projects (local is defined as the Austin-Round Rock MSA) if yes, projects listed? 2) Are there governmental clients listed (with contact information) and was the project overall a positive experience for those clients? 3)Are the projects presented equal or greater in complexity, scope, and dollar value when compared with the proposed project? 4) Was the completion of similar projects completed according to the construction schedule (scheduled construction dates included)? (Total 20pts.) C) Company and Construction Team Qualifications: 1) Is the company competent, financially stable, and experienced to complete the proposed project? 2) Has the project manager and superintendent been successful in managing projects of similar size, complexity, and scope as the proposed project? 3) Does the construction team's resumes reflect technical knowledge and practical experience managing and constructing projects, equal to the proposed project? 4)Has this team worked together on previous projects? List the projects. What was the team's contribution to making the previous projects successful?Provide previous project Owner and Architect contact information. Describe why you think the proposed team is the best fit for this project. (Total 20pts.) d) Project Plan, Approach and Quality Control: 1) Are all project steps clearly identified, in a logical order, and does the schedule meet the City's needs? 2) Does the company have a valid contingency plan if delays occur and the ability to execute that plan? 3) Can the company complete the project within the schedule and accomplish existing commitments? 4) Is the proposed program for quality control sound and specifically related to the project? (Total 20pts.) B. Proposals shall be publicly opened, and the names of each Proposer shall be read aloud, together with all prices stated in each proposal. Proposals will be publicly opened and read aloud on December 5,2024,at 3:30PM via Teams (Meeting ID: 230 471 831 034 Access Code: br8MZ3) C. Within forty-five(45) days after the proposals are opened, Owner or its designated representatives shall evaluate and rank each proposal submitted in relation to the published selection criteria and weighting. D. Owner will initially attempt to negotiate a contract with the first ranked Proposer. If Owner does not require any modifications to the scope, time, or price, then the first ranked Proposer shall execute the Standard Form of Agreement between Owner and Contractor, as awarded. If for any reason Owner is unable to reach contract execution with the first ranked Proposer, then Owner will give written notification to that Proposer that negotiations are ended and will then proceed to negotiate with the next ranked Proposer in the order of selection ranking until such time as a contract is reached or all proposals are rejected. Proposals may be rejected at any time. 1.17 EXECUTION OF CONTRACT A. No contract shall be binding on Owner until it has been executed by Owner or its duly authorized representative, and same delivered to Contractor. 1.18 FAILURE TO EXECUTE CONTRACT A. The failure of the Proposer to execute the required bonds or to sign the required contract within five (5) days after the Contractor is notified that the scoring committee has selected them as the 1" choice contractor shall be considered by Owner as abandonment of the proposal, and Owner may rescind the notice. 1.19 PURCHASE ORDER A. Purchase order(s) shall be generated by Owner to Contractor. The purchase order number must appear on all itemized invoices. 1.20 NOTICE TO PROCEED A. Upon the execution of bonds and contract, Owner will issue a written Notice to Proceed to Contractor requesting that she/he proceed with construction and establishing the commencement of the contract time; thereafter, Contractor shall commence work within ten (10) calendar days after the date of Notice to Proceed. 1.21 CONSTRUCTION SCHEDULE A. The time for completion is up to Four Hundred and Fifty-Seven days(457)calendar days for construction, from the notice to proceed letter and such deadline for completion will be included in the Standard Form of Agreement between Owner and Contractor. 1.22 LIQUIDATED DAMAGES A. Should Contractor fail to achieve completion of the work within the specified completion schedule, then the sum of One Thousand and No/100 Dollars ($1,000.00) per calendar day of delay will be deducted from the monies due Contractor for the work, and such sums shall be reasonable liquidated damages due to the impracticability or impossibility of ascertaining the actual damages. 1.23 PERMITS A. Contractor shall be responsible for obtaining all necessary permits. 1.24 MATERIALS TESTING A. Owner will be responsible for providing or contracting for inspection services and materials testing, all in accordance with Texas Local Government Code §271.116(c) and any other applicable statutes. 1.25 WAGE SCALE A. In accordance with V.T.C.A., Government Code,Title 10, §2258"Prevailing Wage Rates," the general prevailing wage rate has been determined for this locality for the craft or type of worker needed to execute work of a similar character to the project listed herein. Contractor shall pay the prevailing wage rate in this locality to all employees and subcontractors performing work on this project, and in no event shall Contractor pay less than the rate shown in the following schedule: Except for work on legal holidays,the"General Prevailing Rate of Per Diem Wage" for the various crafts or type of workers or mechanics is the product of (a) the number of hours worked per day, except for overtime hours, times (b) the above respective rate per hour. B. For legal holidays,the"General Prevailing Rate of Per Diem Wage"for the various crafts or type of workers or mechanics is the product of(a) one and one-half times the above respective rate per hour, times (b) the number of hours worked on the legal holiday. C. For overtime work,the"General Prevailing Rate of Per Diem Wage"for the various crafts or type of workers or mechanics is the product of(a) one and one-half times the above respective rate per hour, times (b) the number of hours worked on overtime. D. Under the provisions of V.T.C.A., Government Code, Title 10, §2258 "Prevailing Wage Rates,"Contractor or subcontractor of Contractor shall forfeit as a penalty to the entity on whose behalf the contract is made or awarded, the sum of Sixty and No/100 Dollars ($60.00) for each calendar day, or portion thereof, that the worker is paid less than the wage rates stipulated in the contract. E. If the construction project involves the expenditure of federal funds in excess of Two Thousand and No/100 Dollars ($2,000.00), then the minimum wages to be paid various classes of laborers and mechanics will be based upon the wages that will be determined by the Secretary of Labor to be prevailing for the corresponding classes of laborers and mechanics employed on the project of a character similar to the contract work. 1.26 MISCELLANEOUS PROVISIONS A. Any quantities given in any portion of the contract documents, including the plans, are estimates only, and the actual amount of work required may differ somewhat from the estimates. The basis for payment shall be the actual amount of work done and/or material furnished. B. Contractor shall not commence work until she/he has furnished certification of all insurance required and such has been approved by the City of Round Rock, nor shall Contractor allow any subcontractor to commence work on her/his subcontract until proof of all similar insurance that is required of the subcontractor has been furnished and approved. The certificate of insurance form included in the contract documents must be used by Contractor's insurer to furnish proof of insurance. C. Proposals shall be submitted on a separated contract basis. No Texas sales tax shall be included in the prices proposed for materials consumed or incorporated into the finished product under this contract. This contract is issued by an organization that is qualified for exemption pursuant to the provisions of§151.309(5) of the Texas Tax Code. The City of Round Rock will issue an exemption certificate to Contractor. Contractor must then issue a resale certificate to the material supplier for materials purchased. Contractor must have a valid sales tax permit in order to issue a resale certificate. In obtaining consumable materials, Contractor will issue a resale certificate in lieu of payment of sales tax, and the following conditions shall be observed: 1. The contract will transfer title of consumable,but not incorporate,materials to the City at the time and point of receipt by Contractor; 2. Contractor will be paid for these consumable materials by the City of Round Rock as soon as is practicable. Payment will not be made directly, but considered subsidiary to the pertinent item. Contractor's monthly estimate will state that the estimate includes consumables that were received during the month covered by the estimate; and 3. The designated representative of the City of Round Rock must be notified as soon as possible of the receipt of these materials so that an inspection can be made by the City's representative. Where possible,the materials will be labeled as the property of the City of Round Rock. D. If Proposer's insurance company is authorized, pursuant to its agreement with Proposer, to arrange for the replacement of a loss rather than by making a cash payment directly to the City of Round Rock, the insurance company must furnish or have furnished by Proposer a Performance Bond in accordance with §2253.021(b), Texas Government Code, and a Payment Bond in accordance with §2253.021(c), Texas Government Code. Format of Submitted Proposal Cover Sheet Tab A. Bid Bond Tab B. Proposal Form Tab C. Questionnaire 1. Basic information 2. Organization 3. Experience Tab labeled 3.1) Insert Current Project List Tab labeled 3.2) Insert Past Project List Tab labeled 3.5) Insert Claims and Suits Explanation Tab labeled 3.6) Insert up to ten projects constructed inside Austin-Round Rock MSA Tab labeled 3.7) Insert 00410 Statement of Bidders Safety Experience and attached OSHA 200/300 Logs 4. Financial Information Tab labeled 4.1) Insert Financial Statement Tab labeled 4.7) Insert Certificate of Insurance(s) 5. Proposed Personnel Tab labeled 5.1) Insert Personnel Resumes Tab labeled 5.2) Insert Team Projects 6. Proposed Plan, Schedule, and Quality Control Program Tab labeled 6.8) Insert Construction Schedule 7. Ability to Meet Project Schedule Questionnaire Signature/Acknowledgment 1 ■1 Name of Organization: ■ Braun & Butler Construction, Inc. Address of Principal Office: 1 :2 300 Hazelwood Street, Suite 100, Leander, Texas 78641 1 :3 Telephone number and Faxsimile number of principal office: Telephone: 512-837-2882 1 Faxsimile: 512-837-5115 Z Form of business organization (e.g., corporation, partnership, O 1 :4 point venture): S-Corporation Year founded:1 :5 1982 Individual named as primary contact(including telephone 1 :6 number if not at principal office): O Colin Juren LL Z V TCESD2-Fire Station#6 Pflugerville Weiss fM. lam; f r YT y � 07, STATION 67 ��■ 1 -Ud� 17221 WEISS LANE r.'. RSn'+rr* Braun&Butler I ONSTRVCTION braun-butler.com N � fl .. M t M n i• S r- s O C o� n t rp � N �D d ' IK:+ How many years has your organization been in business in its current capacity? 2:1 Braun &Butler Construction has provided commercial construction services for the past 42 years. 2■2 How many years has your organization been in business under its ■ present name? Braun & Butler has been operating under the same name for the duration of its 42 years. 2 :3 Under what other former names has your organization ever Z ■ operated? Braun & Butler has been operating under the same name for the duration O of its 42 years. If your organization Is a corporation, answer the following: (a) date 2:4 and state of incorporation, and (b) names and titles of all N corporate officers. • Date of incorporation: March 30, 1982 Z • State of incorporation:Texas • Corporate officers Kenton Heinze, President/CEO Brian Lauterjung - Chief Operating Officer Colin Juren - Vice President of Preconstruction Services Kaci Roberts - Secretary/Treasurer O 2:5 If your organization is a partnership, answer the following: • Date of organization • Type of partnership (if applicable) • Names of General Partner(s). Section 2.5 is not applicable to Braun & Butler. If your organization is individually owned answer the following: 2:6 Section 2.6 is not applicable to Braun & Butler. 2■ If the form of your organization is other than those listed above, describe it and ■ name the managers/principals. Section 2.7 is not applicable to Braun & Butler. 2 Is your organization authorized to do business in Texas? ■ Braun &Butler is authorized to do business in Texas. ■ TCESD6 Steiner Ranch Fire Station#605 T \ I • _ Q■,q T Braun&Butler CONSTRUCTION braun-butier.com •t a OEPA��c OER STA $ P� ESO NO, TRAvfs COU� W ' .- W . r W �C r W , Y t i L tt i tillWR1� l S yAk ompetitive Sealed Proposal 3:1 Current Work: Attach a list of all projects your organization is currently constructing. For each such project provide: L (a)the name, and for whom constructed; (b) location; (c) general nature of the project; (d) construction procurement method (e.g., competitive bid); (e) nature of your services (e.g., general contractor); (f) contract amount; (g) size in square feet; (h) percent complete; and W (i) scheduled completion date, including name of owner I 1 (and contact person with telephone number) and V architect (and contact person with telephone number). Z W City of Round Rock Griffith Building &Paseo/ 2 Palm House Relocation Florence ISD HS Band Hall Procurement Method - Const. Mgr at Risk Procurement Method - Const. Mgr at Risk W Location: 2121216 East Main Street, Location: 401 FM 970 Florence, TX 76527 a Round Rock. TX 78664 Nature of Project: New Construction X Nature of Project: Renovation/Other Contract Amount: $2,149,680 W Contract Amount: $15,031,728 Square Feet: 8,000 sq. ft. Square Feet: 33,042 sq.ft Scheduled Completion: 12/15/2024 Scheduled Completion: 08/27/2025 Owner Contact: Rick Kirkpatrick Owner Contact: Dustin Harrison 512-627-7615 (254) 793-2850 Architect: McKinney York Architects Architect: VLK Architects Architect Contact: Andrew Green Architect Contact: Brian Cotsworth 512-852-0268 512.807.3147 First United Methodist Church Renovation Florence ISD HS Fieldhouse Procurement Method - Const. Mgr at Risk Procurement Method - Const. Mgr at Risk Location: 1201 Lavaca Street, Location: 401 FM 970 Florence, TX 76527 Austin, Texas 78701 Nature of Project: New Construction Nature of Project: Renovation Contract Amount: $5,341,128 Contract Amount: $3,420,583 Square Feet: 16,000 sq. ft. Square Feet: 37,733 sq.ft. Owner Contact: Rick Kirkpatrick Scheduled Completion: 12/31/2025 (254) 793-2850 Owner Contact: Mark Steves 512-656-0486 Scheduled Completion: 12/15/2024 Architect: Heimsath Architects Architect: VLK Architects Architect Contact: Sandy Stone Architect Contact: Brian Cotsworth 512-789-6086 512.807.3147 PFISD Safety + Security Upgrades Phase 3 Hyde Park HS Fieldhouse Procurement Method - Const. Mgr at Risk Procurement Method - Const. Mgr at Risk Location: Multiple Campuses, Location: 401 FM 970 Florence, TX 76527 Pflugerville, TX 78662 Contract Amount: $4,252,502 Nature of Project: Renovation Square Feet: 3,715 Addition; 15,012 Contract Amount: $3,956,210 Renovation Square Feet: N/A Scheduled Completion: 1/15/2025 Scheduled Completion: 11/30/2024 Owner Contact: Dr. Christopher Coy - Owner Contact: Craig Pruett - 512-594-0200 512-465-8338 Architect: O'Connell Robertson Architect: Shelton Architecture Architect Contact: Kurt Schwerdtfeger - Architect Contact: Bob Shelton 16 - (512) 478-7286 512-589-5689 (Current jobs continued on next page) Braun&Butler CONSTRUCTION braun-butler.com Founders Classical Academy Contract Amount: 10,694,512 Procurement Method - Const. Mgr at Risk Square Feet: 15,670 sf Location: 1303 Leander Drive, Scheduled Completion: 10/23/25 Leander, Texas 78641 Owner Contact: Dean Sharp - 512-247-8609 Nature of Project: New Construction Contract Amount: $9,923,926 Square Feet: 21,974 sf Architect: Brown Reynolds Watford Scheduled Completion: 11/30/2025 Architects 979-694-1791 Owner Contact: Steve Hilton - 972-316-3663 ext.37 Horseshoe Bay Fire Station No. 2 W Architect: hohe design Procurement Method - Const. Mgr at Risk Architect Contact: Jorge L. Ramirez - Location: 601 Broken Hills Drive 0 469-902-4466 Horseshoe Bay, TX 78657 Z Nature of Project: New Construction Horseshoe Bay City Hall Contract Amount: 3,856,881 W Procurement Method - Const. Mgr at Risk Square Feet: 5380 sf Location: 9101 W. FM 2147, Scheduled Completion: 12/20/25 Horseshoe Bay, TX 78657 Owner Contact: Dean Sharp - 512-247-8609 W Nature of Project: New Construction Architect: Brown Reynolds Watford CL Architects - 979-694-1791 X W WCESD#2-Liberty Hill Fire Station Addition&Reno Hays County ESD8 Buda Fire Station 3 West I s' i� 91 �YgD6 1�5 16 TCESD6 Hudson Bend Fire Station#601 ABTA Airport Fire-Rescue Station Braun&Butler CONSTRUCTION braun-butler.com 3:2 Work Over Past Five Years: Attach a list of major projects (particularly any government facilities) constructed by your organization over the preceding five year period. For each such project provide: (a) the name, and for whom constructed; (b) location; (c) general nature; (d) construction procurement method (e.g., competitive bid); (e) nature of your services (e.g., general contractor); (f) contract amount; (g) size in square feet; (h) and completion date; (i) name of owner, including contact person and telephone number; and (j) name of architect, including contact person and W telephone number. 0 TCESD #2 - Fire Station #6 TCESD#2 Pflugerville New Fire Station #5 Z Constructed for - TCESD #2 (11,962 SF) W Procurement Method - Const. Manager at Risk 1541 Pflugerville Loop, Pflugerville, Texas 78660 Location -17221 Weiss Lane, Pflugerville, TX Constructed for - TCESD #2 ce 78660 Procurement Method - Const. Manager at Risk W Nature of Project - New Construction Location -17221 Weiss Lane, Contract Amount - $7,502,535 Pflugerville, TX 78660 Date of Completion: March 2023 Nature of Project - New Construction Size - 13,122 sf Contract Amount - $4,423,124 W Nature of Services - General Construction Date of Completion: 04/03/2020 Preconstruction, Estimating Size - 11,962 sf Owner -Travis County Emergency District No. 2 Nature of Services - General Construction Owner Contact - Michael Anderson - Preconstruction, Estimating 512-989-4559 Project Manager. Damon Pfaltzgraff Architect - Brinkley Sargent - Wiginton Superintendent Allen Sutherland Architects Owner - Travis County Emergency District #2 Architect Contact - Laurie Greer - Owner Contact - Nick Perkins 512-610-4700 (512) 251-2801 Architect KAH Architecture & Interior Design TCESD#3 Station 301 Expansion Architect Contact -Keith Hickman 921 TCESD#3 Station 301 Expansion (3,001 SF) (512) 255-9690 Constructed for - TCESD #3 Procurement Method - Competitive Sealed WCESD#3 Vic Stern Hutto Proposal Fire Station #2 Location -17221 Weiss Lane, Constructed for - WCESD #3 Pflugerville, TX 78660 Procurement Method - Competitive Sealed Nature of Project - New Construction Proposal Contract Amount - $823,512 Location -150 Swindoll Lane, Date of Completion: 11/2/2023 Hutto, Texas 78634 Size - 3,001 sf Nature of Project - New Construction Nature of Services - General Construction Contract Amount - $4,479,015 Preconstruction, Estimating Date of Completion: 11/20/2019 Project Manager. Kyle Pearson Size - 13,020 sf Superintendent Sid Wegert Nature of Services - General Construction Owner Contact - Michael Anderson - Preconstruction, Estimating 512-989-4559 Project Manager. Mack Ellis Architect - Spencer-Pierce Architecture + Superintendent Keith Farrell Interiors, Inc. Owner - Williamson County ESD No. 3 Architect Contact - Stephanie Pierce Owner Contact - Chief Scott Kerwood (512) 388-0677 (512) 757-2616 Architect:KAH Architecture & Interior Design Architect Contact - Keith Hickman (512) 255-9690 Braun&Butler (Past jobs continued on next page) CONSTRUCTION braun-butler.com TCESD#2 Pflugerville Fire Statioi. .. . 3 Spy Constructior Warehouse Addition (10,340 SF) Nature of Services - General Procurement Method - Const. Mgr at Risk o Construction, Preconstruction, Location: 911 Pflugerville Parkway, Estimating Pflugerville,Texas 78660 �AMEa�a Contract Amount -$4,462,500 Nature of Project - New Construction 2023 Completed: Nov 2023 Contract Amount: $2,598,492 Recipient of Owner Contact - Joe Mendez 1 Date of Completion: 12/13/2019 Outstanding 512-278 - 4115 Construction Nature of Services - General Construction Award Architect - Pfluger Architects Preconstruction, Estimating Architect Contact - Cliff Trinkaus Project Manager. Ravi Menon 512.476.4040 Superintendent:Austin Rocha Owner:Travis County ESD #2 Manor New Tech HS Building (43,923 sf) Owner Contact - Michael Anderson - Procurement Method - Competitive Bid W 512-989-4559 ��g� Location - 10323 US-290, Architect: KAH Architecture & Interior Design .4 �riy Manor, TX 78653 Architect Contact: Keith Hickman y Nature of Project - New Z (512) 255-9690 Construction W y Contract Amount$6,982,500 _ St. Julian of Norwich Episcopal Church r�AMEaCompleted Dec 2023 Procurement Method - Const. Mgr at Risk 2023 Nature of Services - General Location: 3823 Brushy Creek Road, Recipient of Construction, Preconstruction, W Cedar Park, TX 78613 Outstanding Estimating a Construction Nature of Project: New Construction Award Owner - Manor ISD X Contract Amount: $7,644,915 Owner Contact - Joe Mendez 512-278 4115 W Square Feet: 6,993 sq.ft. Building, Architect - Pfluger Architects 8 acre site Architect Contact - Cliff Trinkaus Date of Completion: 08/31/2024 512.476.4040 Owner Contact: The Reverend Miles Brandon (512) 694-7121 Murchison Elementary Restroom Architect: McKinney York Architects Renovation Project Architect Contact: Al York Procurement Method-Competitive Sealed Proposal Integral Care Facility Renovation (6,193 sf) Location - 2215 Kelly Ln, Procurement Method - Const. Mgr at Risk Pflugerville, TX 78660 Location: 13311 Burnet Road, Nature of Project - Renovation Austin, Texas, 78727 Contract Amount - $777,640 Nature of Project: Renovation Date of Completion - 10/10/2023 Contract Amount: $1,196,136 Nature of Services - General Construction, Date of Completion:8/31/2024 Preconstruction, Estimating Owner Contact: Matthew Kinman-512-949-0145 Owner - Pflugerville ISD Architect: STG Design Owner Contact-Craig Pruett 512-594-0200 Architect Contact: Marla Elm - 512.899.3500 Architect - Pfluger Architects Architect Contact - Robert Shelton Austin International School (11,000 sf) 512-589-5689 Procurement Method - Const. Mgr at Risk Location: 4001 Adelphi Lane, Pflugerville HS Traffic Reroute Austin, Texas 78727 Procurement Method-Competitive Sealed Nature of Project: Renovation Proposal Contract Amount: $1,595,253 Location - 1301 West Pecan, Date of Completion: 8/31/2024 Pflugerville, TX 78660 Owner Contact: Tim Harper Nature of Project - Renovation 603-273-5427 Contract Amount - $3,449,750 Architect: McKinney York Architects Date of Completion -10/10/2023 Architect Contact: Paul Holmes(512) 852-0267 Nature of Services - General Construction, Preconstruction, Estimating Manor HS Practice Gym (9,986 sf) Owner - Pflugerville ISD Procurement Method - Competitive Bid Owner Contact - Craig Pruett Location - 14832 FM 973, Manor, TX 78653 (512) 594-0200 Nature of Project - New Architect - N/A Braun&Butler [:n NCTRII(:TinN (Past jobs continued on next page) braun-butier.com Education Service Center Region 13 Size - 21,186 sf Procurement Method: Const. Mgr at Risk Date Completed - 3/31/2023 Location: Marble Falls - 803 Steve Hawkins Nature of Services - General Construction, PRKY, Marble Falls, TX Preconstruction, Estimating La Grange - 215 Ellinger Rd. Owner- Hyde Park Baptist Church La Grange, TX 78945 Owner Contact - Buck Hendrix Nature of Project - Renovations Architect - Shelton Architecture Contract Amount - $2,466,848 Architect Contact - Robert Shelton Size - 24,446 sf 512-589-5689 Nature of Services - General Construction, W Preconstruction, Estimating Round Rock ISD CRHS CTE Renovation Date of Completion - 7/7/2023 Location: 2801 Gattis School Rd Owner- Education Service Center Region 13 Round Rock,TX 78664 Owner Contact - Jerry Vaughn Procurement Method - Purchase Order W (512) 919-5313 Nature of Project: Renovation Architect - PBK Architects Contract Amount - $2,253,775 Architect Contact - 512-340-0676 Date of Completion: 8/31/22 1i Project Manager - Kyle Pearson W BBTCS La Esperanza Respite Superintendent - Keith Farrell an Procurement Method: Const. Mgr at Risk Owner - Round Rock ISD Location - 1105 W. Court Street, Owner Contact- Melanie Camerena Seguin, TX 78155 (512)464-5912 W Nature of Project - Renovation Architect - Stantec Architecture, Inc. Contract Amount - $799,328 Architect Contact - No longer at Stantec Size - 3,874 sf Nature of Project - General Construction, Del Valle ISD Ojeda MS HVAC Preconstruction, Estimating Procurement Method - Purchase Order Date of Completion - 8/7/2023 Location: 4900 McKinney Falls Pkwy, Owner - Bluebonnet Trails Community Services Austin, TX 78744 Owner Contact - Andrea Richardson Nature of Project: Renovation (512)244-8305 Contract Amount - $4,728,000 Architect - Ascension Architecture Date of Completion: 8/31/22 Architect Contact - Brandi McDaniel Project Manager - Jeff Rubino (512) 657-8946 Superintendent - Sid Wegert Owner - Del Valle ISD Kappa Alpha Theta Owner Contact: Steven Alves (512) 386-3131 Procurement Method - Const. Mgr at Risk Architect - EMA Engineering and Consulting Location - 2401 Pearl Street, Austin, TX 78705 Architect Contact: N/A Nature of Project - Renovation/Addition Contract Amount - $6,255,182 Round Rock ISD Forest Creek Elem. Size - 22,050 sf Procurement Method - Const. Mgr at Risk Nature of Services - General Construction, Location: 3505 Forest Creek Dr., Preconstruction, Estimating Round Rock,TX 78664 Date of Completion - 9/27/2023 Nature of Project - Renovation Owner - Kappa Alpha Theta FHC Contract Amount - $6,280,955 Owner Contact - Aimee Wheatley Date of Completion: 8/31/22 317-876-8593 Project Manager - Austin Rocha Architect - McKinney Architects, Inc. Superintendent - Nathan Barry Architect Contact- Patrica Hunt 512-852-0283 Owner - Round Rock ISD Owner Contact: Melanie Camerena Hyde Park Baptist Church (512)464-5912 Procurement Method - Const. Mgr at Risk Architect - Agnew Associates, Inc. Location -3901 Speedway, Austin, TX 78751 Architect Contact: Donald P. Smith Nature of Project - Renovation (512) 828-0753 (ext. 102) 123) Contract Amount - $2,765,614 (Past jobs continued on next page) Braun&Butler CONSTRVCTTON braun-butler.com Round Rock ISD Spicewood Eler Owner Contact: Conor O'H (512) 259-1900 Nature of Project - Renovation Architect: Link Architecture Contract Amount - $4,700,313 Architect Contact:Tony Keller(512) 821-3555 Completion 8/31/22 Project Manager- Austin Rocha Sigma Chi House Redevelopment(46,054 SF) Superintendent - Richard Huddleston Procurement Method - Const. Mgr at Risk Owner - Round Rock ISD Location: 2701 Nueces St., Austin, TX 78705 Owner Contact-Terry Worcestor(512)464-5000 Nature of project: New Construction L Architect - BLGY Architects (512) 977-0390 Contract Amount: $7,302,600 Date of Completion: 06/15/2022 Round Rock ISD Great Oaks Elem. Project Manager: Jon Hunter Nature of Project -Renovation Superintendent: Greg Berlin Contract Amount - $3,822,453 Owner: Alpha Nu House Corporation, Inc. Completion 8/31/22 Owner Contact: Lucian Morehead (512)825-6287 Project Manager- Austin Rocha Architect: Eubanks Group Architects W Superintendent - Ian Doyle Architect Contact: Paul Morin (Ext. 104) Owner - Round Rock ISD (713) 522-2652 Owner Contact - Melanie Camerena Z (512) 464-5000 Roosevelt Gardens (29,715 SF) W Architect Contact-Jose I. Guerra, Inc Procurement Method - Const. Mgr at Risk (512)445-2090 Location: 5606 Roosevelt Ave., UNE,Pq� Austin, TX 78756 Copperfield ES HVAC Replacement Nature of Project: New W Procurement Method:Competitive Sealed a ' Construction a Proposal y Date of Completion: 06/15/2022 x Location: 12135 Thompkins Dr., �AMEa,�a• Contract Amount: $7,459,352 W Austin,TX 78753 2022 Project Manager: Damon Nature of Project: Renovation Recipient of Pfaltzgraff Contract Amount - $1,975,000 Outstanding Superintendent: Nathan Date of Completion 8/31/22 Construction Stanford Project Manager- Kyle Pearson Award Owner: Project Transitions Superintendent - Nathan Stanford Owner Contact: Mitch Weynand(512)454-8646 Owner - Pflugerville ISD Architect: hatch + ulland owen architects Owner Contact: Craig Pruett (512) 594-0200 Architect Contact:Jason Haskins(512)474-8548 Architect - EMA Engineering and Consulting Architect Contact: N/A Forbes Middle School Renovations(15,500 Sl� Procurement Method - Const. Mgr at Risk Del Valle ISD Del Valle HS Portables Location: 1911 NE Inner Loop, Location: 5201 Ross Rd., Del Valle,TX 78617 Georgetown, TX 78626 Nature of Project - Renovation Nature of project: Renovations Procurement Method: Job Order Contract Contract Amount: $1,979,183 Contract Amount - $1,599,400 Date of Completion: 08/17/2021 Date of Completion 8/31/22 Project Manager: Matt Harton Owner - Del Valle ISD Superintendent: Stephen Bates Owner Contact-Steven Alves(512)386-3131 Owner: Georgetown Independent School District Project Manager- Jeff Rubino Owner Contact: Kirby Campbell (512) 943-5129 Superintendent - Tommy McDow Architect: Huckabee&Associates Architect - N/A Architect Contact: Natalie Welch(512)428-8958 Architect Contact: N/A RRISD McNeil HS Area B (21,500 SF) Northway Bible Church Leander(36,950 SF) Procurement Method - Job Order Contract Procurement Method: Const. Mgr at Risk SEN E,pq� Location: 5720 McNeil Dr., UNE� Location: 589 San Gabriel Pkwy., �S �iy Austin, TX 78729 ��P goy Leander, TX 78641 ' SO Contract Amount: $4,153,677 a Nature of Project: New Const. y Nature of Services: Building y o Contract Amount: $9,430,573Addition AMER y y Date of Completion: 03/1/2022 2021a Date of Completion: 3/15/2021 � '�aProject Manager: Matt Harton Recipient 2021 of Project Manager: Mack Ellis 2022 Superintendent: James Castillo Outstanding Superintendent: Nathan Barry Recipient of Owner: Northway Bible Church - Construction Owner: Round Rock Indep. Outstanding Leander Award Construction School District Braun&Butler (CONSTRUCTION Award (Past jobs continued on next page) braun-butler.com Owner Contact: Melanie Camerena Architect: Huckabee &Associates (512)464-5912 Architect Contact: Natalie Welch Architect: Perkins+Will (512) 428-8958 Architect Contact: Angela Whitaker-Williams L (512)997-5260 Eagle Bank - Taylor(5,710 SF) Procurement Method - Competitive Sealed Lake Travis Elementary& Lake Point Proposal Elementary Renovations (185,440 SF) Location: 106 NW Carlos G Parker Blvd., Procurement Method - Const. Mgr at Risk Taylor,TX 76574 Location: 15303 Kollmeyer Dr, Date of Completion: 3/8/2021 Austin, TX 78734 Contract Amount: $2,131,019 W 11801 Sonoma Dr, Austin, TX 78738 Project Manager: Damon Pfaltzgraff Nature of Project: Renovations Superintendent: Cliff Frank Contract Amount: $3,031,707 Owner: Round Top State Bank Z Date of Completion: 08/16/2021 Owner Contact: Ronny Sacks(979) 249-3151 W Project Manager: Kyle Pearson Architect: Cutright & Prihoda, Inc. Superintendent: Nathan Barry &Jeff Krueger Architect Contact: Brad Cutright Owner: Lake Travis Independent School District (979) 968-8888 re Owner Contact: Robert Winovitch(512)533-5963 W Architect: Haddon+Cowan Architects Hazelwood Commons Office Building a Architect Contact: Michael Cowan (5,942 SF) �/ (512)374-9120 Procurement Method - Const. Mgr at Risk x Location 300 Hazelwood Street, W BBTCS La Grange (16,670 SF) Leander, TX 78641 Procurement Method - Const. Mgr at Risk Nature of Project: New Construction GENE Location: 750 W. Travis, La Contract Amount: $1,645,164 Grange, TX 78945 Date of Completion: 3/4/2021 A Nature of Project: New Project Manager: Jon Hunter Construction Superintendent: Pat Tims Contract Amount: $4,499,881 Owner: KBARH92, LLC �AMEa'�aDate of Completion: 4/19/2021 Owner Contact: Kenton Heinze (512) 837-2882 2021 Project Manager: Kyle Pearson Architect: Studio RM Recipient of Superintendent: Darrell Architect Contact: Richard Mies (512)423-8147 Outstanding Quinlivan Construction Award Owner: Bluebonnet Trails Florence ISD Elementary, Middle, & High Community Services School Additions & Renovations (16,703 SF) Owner Contact: Andrea Richardson Procurement Method - Const. Mgr at Risk (512) 244-8305 Location: Multiple Campuses, Architect: Cutright & Prihoda, Inc. Florence, TX 76527 Architect Contact: Brad Cutright Nature of Project: Renovations (979) 968-8888 Contract Amount: $6,394,860 Date of Completion: 1/12/2021 Tippit MS Athletic Wing Addition Project Manager: Matt Harton & Renovation (38,778 SF) Superintendent: Howard Herron, Ian Doyle Procurement Method - Const. Mgr at Risk Owner: Florence Independent School District Location: 1601 Leander Rd, Owner Contact: Rick Kirkpatrick Georgetown, TX 78628 (254) 793-2850 Nature of Project: New Construction/Reno. Architect: Huckabee &Associates Contract Amount: $5,401,904 Architect Contact: Mike Boyle Date of Completion: 1/4/2021 (512) 428-8958 Project Manager: Matt Harton Superintendent: Keith Farrell Garth & Columbarium Renovation Owner: Georgetown Independent School District and Addition (4,973 SF) Owner Contact: Kirby Campbell (512) 943-5129 Procurement Method - Const. Mgr at Risk (Past jobs continued on next page) Braun&Butler CONSTRUCTION braun-butler.com Location: 2206 Exposition Blvd., Architect: Huckabee &Associates Austin, TX 78703 Architect Contact: Natalie Welch Contract Amount: $1,851,778 (512) 428-8958 Date of Completion: 12/22/2020 , Project Manager: Damon Pfaltzgraff GISD Klett Center Systems Upgrades(10,000 SF) Superintendent: Richard Huddleston Procurement Method - Const. Mgr at Risk Owner: The Episcopal Church of Location: 2211 N. Austin Ave, the Good Shepherd Georgetown, Texas 78626 Owner Contact: Taylor Bowles (512) 476-3523 Nature of Project: Renovation Architect: Heimsath Architects Contract Amount: $2,840,620 Architect Contact: Eric Maclnerney Date of Completion: 10/29/2020 (512) 478-1621 Project Manager: Mack Ellis W Superintendent: Austin Rocha AHA! C Briarcliff(24,000 SF) Owner: Georgetown ISD V Procurement Method - Const. Mgr at Risk Owner Contact: Kirby Campbell (512) 943-5129 Z Location: 1915 Briarcliff Dr., Austin, TX 78723 Architect: WJHW, Inc. UJ Contract Amount: $4,850,040 Architect Contact: Emily Piersol Nature of Project: New Construction (972) 934-3700 Date of Completion: 1/22/2021 Project Manager: Jon Hunter Renovations &Additions at LTISD LULU Superintendent: Nathan Stanford Distribution &Transportation Buildings Owner:Accessible Housing Austin! (57,438 SF) X Owner Contact: Jolene Keene (512) 640-7781 Procurement Method - Const. Mgr at Risk W Architect: Austin Community Design and Location: 16101 TX-71 Building A, Development Center Austin, Texas 78734 Architect Contact: Michael Gatto Nature of Project: Building Addition/Reno. (512) 220-4254 Contract Amount: $4,852,653 Date of Completion: 10/26/2020 Krause Children's Project Manager: Kyle Pearson Center Renovation (16,200 SF) Superintendent: Jeff Krueger Procurement Method - Const. Mgr at Risk Owner: Lake Travis ISD Location: 25722 Kingsland Blvd., Owner Contact: Robert Winovitch Katy, TX 77494 (512) 533-5963 Nature of Project: Renovations Architect: Fields &Associates Architects Contract Amount: $3,165,426 Architect Contact: Chuck Fields Date of Completion: 1/4/2021 (512) 327-8444 Project Manager: Mack Ellis Superintendent: Bob Snap East View HS Renovations (11,970 SF) Owner: Upbring Procurement Method - Const. Mgr at Risk Owner Contact: Dr. Andrew Benscoter Location: 4490 E University Ave, (512) 459-1000 Georgetown,Texas 78626 Architect: Heimsath Architects Nature of Project: Renovation Architect Contact: Ben Heimsath Contract Amount: $1,431,420 512-478-1621 Date of Completion: 9/4/2020 Project Manager: Damon Pfaltzgraff Georgetown HS Corridor Addition (8,522 SF) Superintendent: Stephen Bates Procurement Method - Const. Mgr at Risk Owner: Georgetown Independent School District Location: 2211 N. Austin Ave, Owner Contact: Kirby Campbell Georgetown, TX 78626 (512) 943-5129 Nature of Project: Building Addition Architect: Huckabee &Associates Contract Amount: $1,373,946 Architect Contact: Natalie Welch Date of Completion: 10/30/2020 (512) 428-8958 Project Manager: Matt Harton Superintendent: Tommy McDow Owner: Georgetown ISD 1$3 Owner Contact: Kirby Campbell (512)943-5129 (Past jobs continued on next page) Braun&Butler CONSTRUCTION braun-butler.com Voigt ES Renovations (61,000 SF) Owner Contact: Kirby Campbell (512) 943-5129 Procurement Method - Purchase Order Architect: Huckabee&Associates Location: 1201 Cushing Dr, Architect Contact: Les Reddin (512) 428-8958 Round Rock, Texas 78664 Nature of Project: Renovation CEC Alternate Utilities and Brackenridge Contract Amount: $1,071,766 Central Plant Decommissioning L Date of Completion: 8/24/2020 Procurement Method - Const. Mgr at Risk Project Manager: Kyle Pearson Location: 1400 N IH 35 Frontage Road, Superintendent: Keith Farrell Austin,Texas 78701 Owner: Round Rock Independent School District Nature of Project: Renovation Owner Contact: Melanie Camerena Contract Amount: $1,954,298 (512) 464-5912 Date of Completion: 6/1/2020 Architect: Pfluger Architects Nature of Services - General Construction W Architect Contact: Sean Connor Preconstruction, Estimating (512) 476-4040 Project Manager: Ravi Menon Superintendent: Keith Farrell Z My Real Life - Temporary Worship Center/ Owner: Central Health W Student Center(11,752 SF) Owner Contact: Steven Lamp (512)978-8155 Procurement Method - Const. Mgr at Risk Architect: IMEG Location: 13701 FM 1826, Austin, Texas 78737 Architect Contact: Aflab Sheikh Nature of Project: New Construction (512) 416-1654 W Contract Amount: $4,600,995 a Date of Completion: 8/19/2020 milk + honey Arboretum (11,620 SF) X Project Manager: Jon Hunter Procurement Method - Const. Mgr at Risk W Superintendent: James Castillo Location: 9722 Great Hills Trail, Ste.210, Owner: My Real Life Austin,Texas 78759 Owner Contact: Pastor Matt Elledge Nature of Project: Renovation (512) 807-8015 Contract Amount: $2,590,553 Architect: Overland Partners, Inc. Date of Completion: 11/19/2019 Nature of Services - General Construction BCMUD Maintenance Yard Renovation Preconstruction, Estimating (12,775 SF) Project Manager: Kyle Pearson Procurement Method - Const. Mgr at Risk Superintendent: Nathan Barry Location: 16318 Great Oaks Drive, Owner: milk + honey Spa Round Rock,Texas 78681 Owner Contact: Alissa Bayer (512) 234-1115 Nature of Project: Renovation Architect: baldridge ARCHITECTS Contract Amount: $1,954,779 Architect Contact: R. Burton Baldridge Date of Completion: 8/1/2020 (512) 441-1700 Project Manager: Kyle Pearson Superintendent: Sid Wegert Vista Ridge HS JROTC/Incubator (10,754 SF) Owner: Brushy Creek MUD Procurement Method - Const. Mgr at Risk Owner Contact: Paul Hanson Location: 200 S Vista Ridge Blvd, (Ext. 230) (512) 255-7871 Cedar Park,Texas 78613 Architect: MRB Group Nature of Project: Building Addition Architect Contact: Randy Stumberg Contract Amount: $1,853,007 (254) 771-2054 Date of Completion: 10/31/2019 Nature of Services - General Construction Ford ES Classroom Addition (11,800 SF) Preconstruction, Estimating Procurement Method - Const. Mgr at Risk Project Manager: Damon Pfaltzgraff Location: 210 Woodlake Drive, Superintendent: Richard Huddleston Georgetown, Texas 78633 Owner: Leander Independent School District Nature of Project: Building Addition Owner Contact: Jimmy Disler(512) 570-0415 Contract Amount: $3,181,556 Architect: Huckabee &Associates Date of Completion: 7/30/2020 Architect Contact: Jason Andrus Project Manager: Damon Pfaltzgraff (512) 428-8958 Superintendent: Ian Doyle Owner: Georgetown Independent School District (Past jobs continued on next page) Braun&Butler CONSTRUCTION braun-butler.com New Concession/Restroom Austin, Texas 78723 Building at Benold, Forbes, Nature of Project: Renovation &Tippit Middle School (4,575 SF) Contract Amount $697,918 Procurement Method - Const. Mgr at Risk Date of Completion: 8/27/2019 Location: Multiple Campuses, Project Manager. Damon Pfaltzgraff Georgetown, Texas 78626 Superintendent Tommy McDow Nature of Project: New Construction Owner.Rooster Teeth Productions, LLC Contract Amount: $1,743,541 Owner Contact Beverlee Parker Date of Completion: 3/20/2020 (512) 684-5980 Nature of Services - General Construction Architect: Studio Steinbomer Preconstruction, Estimating Architect Contact:Amy Bramwell Project Manager: Kyle Pearson (512) 479-0022 W Superintendents:Tommy McDow/Stephen Bates Owner: Georgetown Independent PHSD Mott ES Portables(varies SF) School District Procurement Method - Job Order Contract z Owner Contact Kirby Campbell Location: 20101 Hodde Lane, (512) 943-5129 Pflugerville, Texas 78660 W Architect: Huckabee &Associates Nature of Project: Renovation Architect Contact: Les Reddin (512) 428-8958 Contract Amount $540,000 li Date of Completion: 8/22/2019 W GISD East View HS Wrestling Project Manager. Mack Ellis L Room Addition (2,475 SF) Superintendent Keith Farrell Procurement Method - Const. Mgr at Risk Owner. Pflugerville Independent School District Location: 4490 E University Ave, Owner Contact:Craig Pruett(512)594-0200 W Georgetown,Texas 78626 Architect: N/A Nature of Project: Building Addition Architect Contact:N/A Contract Amount$795,336 Date of Completion:3/3/2020 UMHB Soccer Tennis Field House(10,550 SF) Nature of Services - General Construction Procurement Method - Competitive Sealed Preconstruction, Estimating GENERq� Proposal Project Manager. Matt Harton �»j Location: 1650 Crusader Way, Superintendent: Pat Tims ' Belton, Texas 76513 Owner: Georgetown Independent Nature of Project: New School District Construction Owner Contact Kirby Campbell �AMEa'�aContract Amount:$3,732,874 (512) 943-5129 2020 Date of Completion: 8/20/2019 Architect: Huckabee&Associates Recipient of Outin g project Manager. Matt Harton tsand Architect Contact Les Reddin (512) 428-8958 Construction Superintendent Cliff Frank Award Owner. Univ. Mary Hardin Baylor GISD Infrastructure Improvements(varies SF) Owner Contact:Scott Dodd (254) 295-4264 Procurement Method - Job Order Contract Architect: Populous Location: Multiple Campuses, Architect Contact: Mike Donovan Georgetown, Texas 78626 (816) 221-1500 Nature of Project: Renovation Contract Amount:$11,895,693 ARC North OB/Gyn (7,390 SF) Date of Completion:9/16/2019 Procurement Method - Const. Mgr at Risk Project Manager. Matt Harton Location: 12201 Renfert Way.,Ste.240, Superintendent: Darrell Quinlivan/ Ian Doyle/ Austin,Texas 78758 Pat Tims Nature of Project: Remodel - Interior Only Owner: Georgetown Independent School District Contract Amount:$1,154,010 Owner Contact: Kirby Campbell (512) 943-5129 Date of Completion: 7/16/2019 Architect: Huckabee &Associates Project Manager. Kyle Pearson Architect Contact Natalie Welch(800)687-1229 Superintendent Ian Doyle Owner Covenant Management Systems, LP Rooster Teeth Tech Office Linc Theater Owner Contact: Darlene Guynes(512)338-3833 (8,450 SF) Architect: BSA LifeStructure Procurement Method - Const. Mgr at Risk Architect Contact:Craig Puccetti Location: 6406 N. IH-35, Ste. 2200, (512) 531-9075 Braun Butler CONSTRUCTION braun-butler.com ARC William Cannon Tenant Infill (3,776 SF) PfISD Connally High School Procurement Method - Const. Mgr at Risk Concession Stand (1,024 SF) Location: 111 W. William Cannon Dr. Ste. 312, Procurement Method - Const. Mgr at Risk Austin, Texas 78745 Location: 13212 N. Lamar Blvd., Nature of Project: Remodel - Interior Only Austin, Texas 78753 Contract Amount:$752,775 Nature of Project: New Construction Date of Completion: 6/3/2019 Contract Amount: $869,150 Project Manager. Matt Harton Date of Completion: 5/10/2019 Superintendent: Stephen Bates Project Manager. Kyle Pearson Owner Covenant Management Systems, LP Superintendent: Sid Wegert Owner Contact: Darlene Guynes (512) 338-3833 Owner. Pflugerville Independent School District Architect KGA Architecture Owner Contact: Craig Pruett (512) 594-0200 Architect Contact: Luma Jaffar(512) 441-8200 Architect: PBK Architects W Architect Contact:James Fauver (512) 340-0676 UJ First Unitarian Universalist Church of Austin Renovation &Addition (13,500 SF) CMS Admin Building (48,360 SF) Z Procurement Method - Const. Mgr at Risk Procurement Method - Const. Mgr at Risk W Location: 4700 Grover Avenue, Location: 6210 US 290 Frontage Rd, Austin, Texas 78756 Austin, Texas 78723 111111111 Nature of Project: Building Addition Nature of Project: New Construction 1Z Contract Amount $2,585,228 Contract Amount $1,533,284 W Date of Completion: 5/17/2019 Date of Completion: 3/15/2019 a Project Manager. Kyle Pearson Project Manager. Matt Harton �/ Superintendent Darrell Quinlivan Superintendent Jeff Krueger X Owner. First Unitarian Universalist Church of Austin Owner. Covenant Management Systems, LP W Owner Contact Brian Moore(512)971-8564 Owner Contact Darlene Guynes (512) 338-3833 Architect: McKinney York Architects Architect: Sixthriver Architect Contact Aaron Taylor(512)852-0271 Architect Contact: Christie Schultz(512)306-9928 1 rA tam_ TCESD2 Pflugerville Fire Station TCESD2-Warehouse at#4 1 FIRE BTATION E.B.D. :Llk WCESD#3-Vic Stern Hutto Fire Station 2 Braun&Butler CONSTRUCTION braun-butler.com 3:3 List the categories of work that your organization normally performs with its own forces. Would you propose to do any work with your own forces or to bid all work to subcontractors. Braun & Butler chooses to avoid the appearance of conflicting interests and solely operates as the Construction Manager and provides in-house preconstruction services and estimating. We have found it most beneficial to the project to subcontract the work to our team of qualified subcontractors to allow us to hold them accountable for the performance of all trade work according to the plans and specifications. Braun & Butler Construction, Inc. employs our own in-house Preconstruction, Estimating, and Construction Management services that will provide the following, but not limited to: • Preparation of budgets at all major • Attend all design meetings, W design milestones regardless of impact • Preparation of budgets for alternative • Public notice requirements for bidding systems for team evaluation • Subcontractor solicitation • Preparation of guaranteed maximum • Constructability reviews W price budget • Contract administration • Preparation and enforcement of • Submittal reviews ■i construction schedule • Quality control W • Plan completeness/quality reviews • Weekly project meetings with design team L at major milestones • Weekly project meetings with subcontractors X • Identification, tracking, and mitigation • Issuance of weekly project updates W of safety concerns • Preparation of pay applications with • Enforcement of a safe work site complete subcontractor backup List any subcontractors in which your organization has some ownership and list 3:4 the categories of work those subcontractors normally perform. Braun & Butler has no ownership in any subcontracting company. 3:5 Claims and suits (If the answer to any of the questions below is yes, please attach details). 3.5.1 Has your organization ever failed to complete any work awarded? No. 3.5.2 Are there any pending or outstanding judgements? No. 3.5.3 Are there any pending or outstanding claims? No. 3.5.4 Are there any pending or outstanding arbitration proceedings? Braun & Butler prides itself for having never been in a courtroom. We do currently have one issue that is approaching arbitration.The project involved two large pre-engineered metal buildings. The subcontractor was given multiple opportunities to perform but continued to push the project further and further into delay. Braun &Butler always works to find win-win solutions for everyone involved. In this instance, the subcontractor did not have the capacity to learn or show any desire to improve. Ultimately, we are more passionate about completing excellent projects per the plans and specification than worrying about threats of litigation. Is Braun&Butler CONSTRUCTION braun-butler.com The subcontractor was terminated, and we hired a replacement. The costs to hire the replacement, as well as, costs to repair previous nonconforming items was in excess of the money owed to the subcontractor. This creates a dispute whereby the subcontractor believes they are owed money despite their failure to perform, and Braun &Butler believes we have the right to complete the project per our subcontract. We are awaiting arbitration with this subcontractor. We expect the arbitrator to side with Braun &Butler and the terms of our subcontract. 3.55.55 Are there any pending or outstanding lawsuits? No. 3.5.6 Within the preceding five years, has your organization filed any lawsuits or requested arbitration with regard to any W construction contract? 0 No. x 3.5.7 Within the preceding five years, has any officer or principal W of your organization ever been an officer or principal of another organization when it failed to complete a construction contract? W No. List up to ten projects of like size, scope and complexity your organization has X3:6 performed, if any, inside the Austin-Round Rock MSA and date those projects were completed. W TCESD #2 - Fire Station #6 Date of Completion: March 2023 TCESD#3 Station 301 Expansion Date of Completion: November 2023 TCESD#2 Pflugerville New Fire Station #5 Date of Completion: March 2020 Manor New Tech HS Building Date of Completion: December 2023 WCESD#3 Vic Stern Hutto Date of Completion: November 2019 TCESD#2 Pflugerville Fire Station #4 Warehouse Addition Date of Completion: December 2019 St. Julian of Norwich Episcopal Church Date of Completion:August 2024 Northway Bible Church Leander Date of Completion: March 2022 Roosevelt Gardens Date of Completion: June 2022 Tippit MS Athletic Wing Addition & Renovation Date of Completion: January 2021 GISD Infrastructure Improvements Date of Completion: September 2019 Liberty Hill Fire Station Remodel Date of Completion: September 2010 Braun&Butler braun-butler.com 3■ Describe your firm's job site safety program for this project and specific safety ■ policies in which each employee must be in compliance. Safety & Health Program Braun & Butler Construction, Inc. recognizes our responsibility to provide healthful and safe working conditions for all employees. Management realizes that it is not L enough merely to approve the adoption of a safety program. Kyle Pearson is the designated Safety Officer for our company and works closely with the Austin Chapter of the Associated General Contractors (AGC), OSHA, company Project Managers and Superintendents to maintain a superior safety program. Braun & Butler Construction's safety program has been recognized by the local, state, and national Associated General Contractors, along with the City of Austin, and the Austin Safety Consortium. It is the intention of our company to always emphasize safe working W conditions at all times and to require the help and cooperation of all employees in our accident prevention endeavors. Such an effort will require each employee to accept his share of responsibility in complying with Federal, State, and local Z safety regulations. W All our Project Managers and Superintendents hold first aid, CPR, and OSHA 30- 2 hour safety training certifications. In addition to daily safety inspections, the Project W Superintendent will conduct a weekly safety meeting with all personnel working a on the job site. The Superintendent will interface with the supervisors of every subcontractor on-site to verify that the subcontractors are properly managing their own safety program. The Superintendent is assisted in the safety program by the W Braun & Butler Safety Officer and the AGC Safety Officer who both conduct OSHA level safety inspections of the project on an unscheduled basis. The goal of Braun & Butler Construction's Safety and Health Program is to eliminate all job site incidents and injuries, property damage, fire damage, and occupational illness. These objectives are all of equal importance and must be given attention in the implementation of the Company Safety and Health Program. It is the intent of this program to identify and assess hazards prior to and during the execution of work on the job site, to put in place control measures that will serve to prevent accident or injury. These control measures will be reviewed and evaluated on a regular basis by the Company Safety Committee to determine their effectiveness, and if necessary, modified to be more effective in preventing accident or injury. Braun & Butler Construction is committed to the safe performance of work under our control. All supervisors, employees, and subcontractors must accept their responsibility for the prevention of incidents and the safety of workers under their direction. It is only with the cooperation and assistance of everyone that the goal of zero incidents and injuries will be achieved. Safety Partnership and Certifications Braun & Butler is in the process of entering a partnership with OSHA. Also of note: Our superintendents have OSHA 30 Certifications as well as first aid/CPR certifications. Experience Modification Rate 100 Year Total 9 , . , ,, , , , ;, , , 2022 0 300 Log 1 404 Report 2020 030 ,o 0 2023 2022 2021 2020 2019 Braun&Butler CoNSTRVCTION braun-butler.com W OSHA's Form 300A Year 2023 `p Summary of Work-Related Injuries and Illnesses U.S. ty ,d1mentofLabor "noccuPauonai scary aria nuns nemrmawuon Foi*n epp,,wd OMB ria 1218 0176 All establishments covered by Part 1904 must complete this Summarypage,even d no injuries or O illnesses occurred during the year. Remember to review the Log to verify that the entries are complete 0 .i Using the Log,count the individual entries you made for each category. Then write the totals below, Establishment information O making sure you've added the entries from every page of the log. If you had no cases write"0." 41 7 Employees tomrer employees,and their representatives have the tight to review the OSHA Form 300 in Your establishment name BRAUN&BUTLER CONSTRUCTION a its entirety. They also have limited access to the OSHA Form 301 or its equivalent. See 29 CFR O 1904.35,in OSHA's Recordkeeping rule,for further details on the access provisions for these forms. Street 300 Hazelwood Street,Suite 100 (n Number of Cases City Leander State Texas zip 78641 D N Industry description(e.g.,Manufacture of motor truck trailers) Q Total number of Total number of Total number of cases Total number of Commercial Construction8 deaths cases with days with job transfer or other recordable WO away from work restriction cases Standard Industrial Classification(SIC),if known(eg,SIC 3715) O 0 0 0 0 (G) (H) (I) (J) — — — — p ra N Number of Days Employment information O 0 Total number of Total number of days days of job transfer away from work Annual average number of employees 32 fD or restriction d 0 0 Total hours worked by all employees last year 68,471 N Injury and Illness Types M Sign here (D Total number of... Knowingly falsifying this document may result in a fine. Ca (M) sG (1) Injury 0 (4) Poisoning 0 M (2) Skin Disorder 0 (5) All other illnesses 0 y (3) Respiratory I certify that I have examined this document and that to the best of my knowledge the Condition 0 entries are true,accurate,and complete. Kaci Roberts Sec/Treas Company executive Title 512/837-2882 1131/24 Post this Summary page from February 1 to April 30 of the year following the year covered by the form Phone Date Public reporting burden for this collection of information is estmated to average 50 minutes per response,including time to review the instruction,search and gather the data needed,and complete and review the collection of information.Persons are not required to respond to the collection of information unless it displays a curendy valid OMB control number.If you have any comments about these estimates or any aspects of this data collection,contact:US Department of Labor,OSHA Office of Statistics,Room N-3844,200 Constitution Ave,NW,Washington,DC 20210.Do not send the completed forms to this I n , EXPERIENCE I— Z C y� n W � 'fC zCD 3 -1 6 W OSHA's Form 300A Year 2022 Summary of Work-Related Injuries and Illnesses U.S.Department of Labor Illlllllllllll� 0cL p,tIO,l Safety end Health Mn, iatration T Furm appro"ad OMB no 1216-01lti O All establishments covered by Part 1904 must complete this Summary page,even if no injuries or illnesses occurred during the year. Remember to review the Log to verily that the entries are complete O Using the Log,count the individual entries you made for each category. Then write the totals below, Establishment Information Q making sure you've added the entries from every page of the log. If you had no cases write"0." J Employees former employees,and their representatives have the right to review the OSHA Form 300 in Your establishment name BRAUN 8 BUTLER CONSTRUCTION its entirety. They also have limited access to the OSHA Form 301 or its equivalent. See 2g CFR 1904 35,in OSHA's Recordkeeping rule,for further details on the access provisions for these forms. Street 300 Hazelwood Street,Suite 100 a Number of Cases City Leander State Texas zip 78641 N Industry description(e.g. Manufacture of motor truck trailers) Total number of Total number of Total number of cases Total number of Commercial Construction > deaths cases with days with job transfer or other recordable ro O away from work restriction cases Standard Industrial Classification(SIC),if known(e.g.,SIC 3715) Q 0 0 0 0 (G) (H) P) W O 0 Number of Days Employment information O to Cl) Total number of Total number of days p days of job transfer away from work Annual average number of employees 32 or restriction S 0 0 Total hours worked by all employees last year 64,776 M (K) (L) Injury and Illness Types ,f Sign here S Total number of... Knowingly falsifying this document may result in a fine CD (M) (1) Injury 0 (4) Poisoning 0 (2) Skin Disorder 0 (5) All other illnesses 0 .� (3) Respiratory I certify that I have examined this document and that to the best of my knowledge the Condition 0 entries are true,accurate,and complete. to Kaci Roberts Sec/Tma s Company executive Title 512/837-2882 1 t3 t/2023 Post this Summary page from February 1 to April 30 of the year following the year covered by the form Phone Date Public reporting burden for this collection of information is estimated to average 50 minutes per response,including time to review the instruction,search and gather the data needed,and complete and review the collection of information.Persons are not required to respond to the collection of information unless it displays a currently valid OMB control number.If you have any comments about these estimates or any aspects of this data collection,contact.US Department of Labor.OSHA Office of Statistics,Room N-3644,200 Constitution Ave,NW,Washington,OC 20210 Do not send the completed forms to this office. I EXPERIENCE n� 7 z C nW � C Z tD 3 9 y #.R 3 , x W Z 7 ...: O 0 W � r W OF00 . �.. a U O .�- - Compe ealed Proposal City of Round Rock Fire Station No. 10 5:1 Personnel:ldentifythesp c Project Manager(s)and Job Site Supe ndent(s) who would work on this act. If any of these individuals will not assigned on a full time basis to this project, identify those individuals and describe their other responsibilities.Attach a resume with their city of residence listed and list of references with phone numbers, for each individual identified. The identified Project Manager(s) and Job Site Superintendents) shall be assigned to the project through final completion of the project. ' Project Manager Matt Harton W 4 Matt joined Braun & Butler Construction in February 2016. He holds a Z W Bachelor of Science in Industrial Engineering from Western Carolina Z University. Since then, Matt has provided leadership for numerous O 0 Industry Experienc commercial construction projects. He has been responsible for the total construction effort to ensure the project is completed per plans, 21 years specifications, budget, and schedule. Maintaining a quality building Years with relationship with the client and a good working relationship with all Uw Company: subcontractors has proven effective. The ability to implement and W v/ years monitor cost and value-engineered strategies has produced satisfied a clients at project completion. Q = PROJECT EXPERIENCE/CLIENT REFERENCES LV Western • _University, BIE Florence Independent School District City of Residence: Rick Kirkpatrick 1 (254) 793-2850 1 rkirkpatrick@florenceisd.net O O Lampasas,TX Florence Band Hall no U Florence,Texas-2024 $2,149,680 O Certifications- Florence Field House Florence,Texas-2024 $5,341,128 OSHA 30-hour Florence ISD Additions&Renovations(16,703 SF Building Addition) Construction Safety Florence,Texas-2021 $6,357,863 ■� & Health Travis County ESD #2 CPR&First Aid Michael Anderson 1512-989-4559 j manderson@pflugervillefire.org TCESD#2-Fire Station#6 Aerial Equipment Pflugerville,Texas-2023 $7,502,535 Certification GDA Contractors Dan Cain 214-496-9999 j dcain@gdacontractors.com George D.Alan Office&Warehouse Facility(8,170SF Building Addition) REFERENCES Manor,Texas-2022 $1,809,695 Jackson Galloway Northway Bible Church Leander FGM Architects Conor O'Hearn 1 (512)259-1900 1 cohearn@northwaybiblechurch.com GallowayBob Northway Bible Church Leander(36,950 SF New Construction) (512)474-8085 Leander,Texas-2021* $9,430,573 Georgetown Independent School District Sixthriver Kirby Campbell 1 (512) 943-5129 j campbellk2@georgetownisd.org Christie Schultz Forbes Middle School Renovations(15,500 SF Renovation) 0' Georgetown,Texas-2021* $1,979,183 Link Architecture GISD Putting Green Facility(7,856 SF New Construction) Tony Keller Georegtown,Texas-2021 $223,624 (512)821-3555 Tippit MS Athletic Wing Addition&Renovation(38,778 SF Building Addition) Georgetown,Texas-2021 $5,401,904 Populous Covenant Management Systems, L.P. Mike Donovan Darlene Guynes 1 (512)338-3833 1 dguynes@austinregionalclinic.com_ (816)221-1500 CMS Admin Building(48,360 SF Renovation) Austin,Texas-2019 $1,656,724 Braun&Butler CONSTRUCTION braun-butler.com 1 Project Superintendent Richard Huddleston /11 Richard (Tiny) joined the Braun & Butler team in 2015. He graduated from Mansura High School and attended Louisiana State University at Alexandria to study Computer Science. He began his career Industryin the construction industry over 25 years ago while traveling the W country remodeling buildings for one of the largest retail companies Z W 28 years in the market. He moved to Austin in 1996 and spent the next Z Years with Company: 18 years doing metal stud framing and drywall work. Eager to O O achieve more within the industry, He became a Superintendent in 9 years 2014 and enjoys the challenge. He takes pride in problem-solving Cn 19 Education: and going above and beyond to ensure our clients are pleased with ce IL Louisiana State University the finished product. W City of Residence: PROJECT EXPERIENCE/CLIENT REFERENCES a Hutto, Florence Independent School District o Certifications: Rick Kirkpatrick 1 (254) 793-2850 1 rkirkpatrick@florenceisd.net W OSHA 30-hourFlorence Field House U) W Construction Safety Florence,Texas-2024 $5,341,128& Health O O Manor Independent School District Ryan Marcum 1 (512) 278-4000 1 ryan.marcum@manorisd.net CL U CPR& First • Manor New Tech HS Building $6,982,500 0 Manor,Texas-2024 Bluebonnet Trails Community Services Andrea Richardson 1 (512) 244-8305 j Andrea.richardson@bbtrails.org REFERENCES BBTCS Jarrell Clinic(1,430 SF New Construction) Ascensio Jarrell,Texas-2021 $499,600 Architecture,5LLC BBTCS Lockhart Exterior Repairs(Renovation) BrandiLockhart,Texas-2021 $183,255 (512)657-8946 Catholic Diocese of Austin Patrick Baker 1 (512)949-2418 1 patrick-baker@austindiocese.org Associates,PickettKelm& St.Austin Sanctuary Repairs&Alterations(8,000 SF Renovation) Gary Pickett Austin,Texas-2021 $500,000 (512)345-5538 St.Austin Catholic Church Exterior Renovation &Lobby Addition(Building Addition) Sixthriver Austin,Texas-2018 $3,991,172 Chris Dolce 306-9928The Episcopal Church of the Good Shepherd Garth&Columbarium Renovation and Addition (4,973 SF Building Addition) Heimsath Architects Taylor Bowles 1 (512)476-3523 Eric Macinerney Austin,Texas-2020 $1,851,778 (512)478-1621 Leander Independent School District Vista Ridge HS Renovations &Addition(10,754 SF Building Addition) Jimmy Disler 1 512)570-0415 1iimmy.disler@leanderisd.org Cedar Park,Texas-2019 $1,853,007 Foundation Communities Live Oak Trails Apartments(New Construction) Walter Moreau 1 (512) 447-2026 1 walter.moreau@foundcom.ora Austin,Texas-2016 $10,566,003 le3) Braun&Butler CONSTRUCTION braun-butler.com President & CEO ' i ■ r Kenton Henze c3 Kenton joined Braun & Butler Construction upon graduation from W Texas A&M University in 1994 with a Bachelor of Science degree in Z W Construction Science. He served as a Project Manager and Estimator for 13 years, the Vice President for Operations for nine years, and Z Experience- is currently the President and Chief Executive Officer. In 2008, he O 30 years earned the LEED Accredited Professional certification from the US 0 Green Building Council. Additionally in 2014, Kenton earned the C4 V9 Years with Company: Certified Construction Manager designation through the Construction 09 30 years Management Association of America. Kenton is actively involved in the W Austin Chapter of AGC, previously serving as the Chairman. CL Kenton's leadership and emphasis on Braun & Butler's core values = quality, safety and client satisfaction is evident on all projects. His Q University, BSCM technical knowledge and positive attitude make him well qualified to W City of Residence: deliver quality projects that improve our community. Cedar00 PROJECT EXPERIENCE/CLIENT REFERENCES a un OSHA . . Construction Bluebonnet Trails Community Services - O Safety&Health Andrea Richardson 1 (512) 244-8305 1 Andrea.richardson@bbtrails.org CPR& First . . Northway Bible Church Leander Conor O'Hearn j(512) 259-1900 j cohearn@northwaybiblechurch.com EquipmentAerial Pflugerville Independent School District— Certificati' Craig Pruett 1 (512)845 5605 1 Craig Pruett@pfisd.net LEED Accredited Travis County ESD #2 - Professional Michael Anderson 1 (512) 989-4559 j manderson@pflugervillefire.org Del Valle Independent School District Steven Alves 512-386-3050 steven.alves@dvisd.net REFERENCES Ascension Architecture Brandi D. Principal Sandy(512)657-8946 Heimsath Architects .. (512)478-1621 PBK Architects Darrell Pearson,Partner 340-0676 Studio Steinbomer PrincipalAmy Bramwell, 00 Braun&Butier CONSTRUCTION braun-butler.com Chief Operating Officer ' Brian Lauterjung Brian graduated from The University of Texas at Austin in 1996 with W a Bachelor of Business Administration degree in Finance. Immediately Z W Industry Experience: following graduation, Brian worked for JPI in Irving, Texas. His initial role was in the construction accounting department, and he completed25 years 0 his employment in the Asset Management group as a financial analyst. O Brian began working for Rizzo Construction as a project manager in U Years with Company: January of 1999. He gained experience managing a wide range of Ce IL25 years projects, from tenant finish out to ground up construction, and in March ii 2018 he became President of Rizzo Construction. Brian's experience, W leadership, and affable personality have allowed him to build a The University of strong, lasting relationships with clients, local architects, engineers, N Austin, BBA&Finance subcontractors and vendors. His knowledge and commitment to safety Q City of Residence: makes him an invaluable asset to the projects he leads. After Rizzo W 0 Austin,TX I Construction's merger with Braun & Butler in October 2019, Brian became the Executive Vice President and has since been promoted to O O Certifications: the Chief Operations Officer. •SHA 30-hour a LL ConstructionPROJECT EXPERIENCE/CLIENT REFERENCESSafety&Health O Four T Reality - ce CPR&First Aid Taylor Steed 1 (512)590-7737 1 taylor.steed@fourtrealty._c_om a Foundation Communities - Vicki McDonald j (512) 447-2026 1 vicki.mcdonald@foundcom.org REFERENCES Ironwood Real Estate - Scot Krieger 1 (512)477-2224 j skreiger@ironwoodre.com FIC Architects Rick Canales The Catholic Diocese of Austin - • 06Pat Baker 1 (512)949-2400 1 patrick-baker@austindiocese.org Project Transitions Spencer+ .riorsPiercMitch Weynand 1 (512)454-8646 j mitchweynand@yahoo.com Bo Spencer Accessible Housing of Austin (AHA) - 0622 Mrs.Jolene Keene 1 512)640-77811 jolene.keene@ahaustin,org Pickett, Kelm TCESD #3- Oak Hill Fire Department - &Associates Chief J.J. Wittig (512) 569-8380Gary Pickett (512)474-8548 jwittig�oakhillfire.org YMCA of Austin - BGK Architects Mr. James Finck (512) 236-9622 j iames.finck@austinymca.org ... Kaiser (313)330-3821 Braun&Butler CONSTRVCTfON braun-butler.com Vice President of Preconstruction Services Colin Juren L , I jL J Iwo joined Braun & Butler Construction in April 2004. He holds a W Bachelor of Business Administration degree from Texas Tech University. Colin served as Superintendent for three years, as a Project Manager Z W Industry Experience: for eight years, and was promoted to Vice President in 2012. In 2008, Z Colin earned the LEED Accredited Professional certification from the US 25 years O 0 Green Building Council.Colin is actively involved in the Austin Chapterof Associated General Contractors. He currently serves as Vice President19 Years with Company: of Preconstruction Services preparing budgets and estimates from w/ a 1 years the earliest design stages. Colin's previous experience in the W construction materials industry has given him a solid foundation on Education: which to build, along with over 10 years' experience preparing budgets a Texas Tech for millions of dollars' worth of new construction and renovations jobs. 1313A His knowledge makes him extremely valuable to any project and its o City of team. Colin is an outstanding communicator and has a keen eye for W Liberty Hill,TX I attention to the details. U) W PRECONSTRUCTION & ESTIMATING SERVICES 0 0 OSHA 30-hour I L Un Construction Travis County ESD#2 0 Safety&Health Michael Anderson (512)989-4559 1 manderson@pflugervillefire.org Round Rock Independent School District—CPR& First • Melanie Camarena 1 (512)464-5000 1 melanie camarena@roundrockisd.org a Aerial Equipment Bluebonnet Trails Community Services Certification Paul Sisler 512-244-8344 1 Pau l.Sister@bbtrails.org LEED Accredited Pflugerville Independent School District— Craig Pruett 1 (512)845 5605 1 Craig Pruett@pfisd.net Hyde Park Baptist Church Buck Hendrix 1 (512)459-6587 1 buckh@hcengineeccom REFERENCES Rawson Saunders Haddon" Laura Steinbach 512-476-8382 Isteinbach@rawsonsaunders.org Michael Cowan,Principal (512)374-9120 Ascension Architecture Brandi D. Principal :•.. Principal (512)476-0201 Braun&Butler CONSTRUCTION braun-butler.com Controller L Kaci Roberts A .4 Kaci joined Braun & Butler in 2006. Since then, she has learned W every aspect of the construction industry; her knowledge has greatly Z W benefited our corporation. Because of her vast abilities and strong Industrywork ethic, Kaci has held multiple positions throughout her tenure with Z O Braun & Butler, which led to her promotion as Controller in 2012. Kaci O 18 years possesses strong numerical proficiency, organization, good problem- U) W Years with Company: solving skills, and excellent use of logic. W 18 years Her role as the company Controller involves managing the accounting W department operations and their operations.She ensures that accounts payable are paid promptly, accounts receivable are collected promptly, Xa Texas • and that periodic bank reconciliations are completed. Kaci reviews Q City of•Residence: all client pay applications for accuracy before submission. She is also TX responsible for company compliance with local, state, and federal W Liberty government reporting requirements and tax filings. In addition to her U Certifications: executive duties, she is the acting Secretary and Treasurer for Braun O O CPR&First • & Butler. as U In addition to her financial responsibilities, Kaci serves as the Human O Resources Manager. The key areas within the human resources ("HR")TRADE w/ REFERENCES department are administered in conjunction with senior management, ii including policy and procedure compliance and the development and a Air Craft Inc. maintenance of HR practices. Kaci's duties include the preparation and Steve Everage, processing of payroll for personnel, assisting department managers 690 with hiring staff, including posting jobs online, scheduling interviews, and generating offer letters. She initiates personnel onboarding and Constructionoff-boarding procedures and oversees employee benefits enrollment Lundell,Bert and management. Higgins(512)248-0772 Harvey Electric Michelle (512)251-2203 Braun&Butler CONSTRUCTION braun-butler.com Senior Project Manager/Safety Officer 7L R:�r Kyle Pearson Kyle began his career with Braun & Butler in 2005 as a Superintendent and served in that role for 9 years overseeing diverse projects including schools, fire stations, multi-family, and J Industry Experience; medical. Kyle currently serves as the Senior Project Manager, and W our Safety Officer where he uses his field experience in conjunction Z W • years with his excellent management skills to create a unique project and Z make sure every job is maintaining safety standards. Kyle excels atYears with O Company: understanding and meeting our clients' needs. His calm approach, O • years knowledge of the industry, commitment to safety, communication, U) 19 and leadership make him a valuable addition to any project. ce Texas . University PROJECT EXPERIENCE/CLIENT REFERENCES W Residence:City of — Lake Travis Independent School District a Robert Winovitch 1 (512) 533-5963 1 winovitchr@ltisdschools.orgLiberty Hill,TX Q LTISD Renovations&Additions at Lake Travis ES W &Lake Pointe ES(Building Addition) $2,699,817 U Certifications: Renovations&Additions at LTISD Distribution& 09 OSHA 30-hour Transportation Buildings(Building Addition) $4,852,653 O O Construction Safety Lake Travis ES&Lake Pointe ES Finish Renovations $2,945,219 as U &Health Manor Independent School District O CPR& First Aid Joe Mendez 1 (512)278-4115 1ioe.mendez�manorisd.net w/ Manor HS Practice Gym(in Progress) $4,462,500 Aerial Equipment I Certification Manor HS Multi-Purpose Bldg.(in Progress) $6,825,000 Manor New Tech HS Building(in Progress) $6,982,500 Travis County ESD #3 Chief Jeffrey J.Wittig (512) 288-5534REFERENCES iwittig�oakhillfire.org Travis County Station 301 Expansion -2020 $819,337 milk+ honey Spa Brad Cutright Alissa Bayer 1 (512) 234-1115 j alissa@milkandhoney.com (979)968-8888 milk+ honey Arboretum (11,620 SF Renovation) Austin,Texas-2019 $2,590,553 Architects Bluebonnet Trails Community Services Michael Cowan Andrea Richardson (512) 244-8305 1 andrea.richardson@bbtrails.org (512)374-9120 BBTCS La Grange(16,670 SF New Construction) La Grange,Texas-2021 $4,499,881 Pfluger Architects Sean C •nnor Brushy Creek MUD 476-4040 Shean Dalton 1512-255-7871 1 s.dalton@bcmud.ora BCMUD Maintenance Yard Renovation (12,775 SF New Construction) Round Rock,Texas-2020 $1,954,779 Architecture+Interiors,Inc. Stephanie Pierce Eanes Independent School District 388-0677 Brian Bolek 1 (512) 732-9040 1 bbolek@eanesisd.net Bridge Point ES HVAC Renovations(94,221 SF Renovation) Austin,Texas-2017 $2,706,295 MRB •p Valley View ES HVAC(62,000 SF Renovation) Randy StumAustin,Texas-2016 $2,577,850 le3) (254)771-2054 Austin,Texas-2021 $2,958,856 Braun&Butler CONSTRUCTION braun-butler.com Has this team worked together .,II previous projects, list the projects?V_- the projects successful? Yes, In 2022 the pair was awarded an Austin Associated General Contrators Award for their work. Key Personnel Responsibilities Li Kenton Heinze-President - (Offsite) Kenton supervises all personnel and oversees all aspects on every Braun & Butler project. He is involved in each construction phase, from design review, estimating assistance to site visits. Kenton meets with the Preconstruction Manager prior to establishing the Guaranteed W Maximum Price(GMP)to assess the budget and he communicates with the Project Manager x W on a monthly basis to ensure that Braun &Butler is the foundational principles that have been the key to our success. Z M) Brian Lauterjung-Chief Operating Officer - (Offsite) Q O Brian is responsible for overseeing company operations. He is responsible for identifying and 19 mitigating operational risks, monitoring each project's financial performance, implementing and maintaining quality control standards, implementing and maintaining safety standards, building and maintaining relationships with clients and providing a productive and positive W work environment for all employees. Brian works closely with Kenton (CEO) to implement IL the company's strategic plan, collaborating with Preconstruction and Finance/Accounting to X ensure the Braun & Butler team is running effectively and efficiently. 0 Colin Juren-Vice President Preconstruction Services - (Offsite) W w/ Colin will be in charge of the estimating and constructability reviews during preconstruction iOi services in preparation of the GMP Colin has over 8 years experience preparing budgets Q for hundreds of millions of dollars' worth of new construction and renovations jobs. Colin's a U construction experience and attention to detail make him extremely valuable to the project 0 and its team. Colin will be in project design meetings, when possible, will prepare all 0 budgets and takeoffs, will present all budgets, will attend all prebid meetings, will prepare subcontracts and purchase orders once GMP is approved. a Kyle Pearson -Senior Project Manager (Periodically onsite) Kyle supervises all project managers to assure policies, procedures and schedules are being met as well as helping to provide site planning and problem solving. He works with the preconstruction services department to provide preliminary project schedules and perform constructability assessments. He performs regular site visits to review progress, quality assurance and site safety as well as attending periodic architect / owner site meetings. He coordinates with the Austin AGC safety officer to have them perform regular site safety inspections in addition to the site safety assessments provided by Braun & Butler. Kaci Roberts - Controller (Offsite) Kaci manages the accounting operations and its department. She ensures that accounts payable are paid promptly, accounts receivable are collected promptly, and that periodic bank reconciliations are completed. Kaci reviews all client pay applications for accuracy before submission. She is also responsible for company compliance with local, state, and federal government reporting requirements and tax filings. In addition to her executive duties, she is the acting Secretary and Treasurer for Braun & Butler. Matt Harton- Project Manager - (Onsite Part-time 133 - 75%) Matt will be in charge of contract administration, weekly OAC meetings, pay applications, submittal review, maintenance of the long-range schedule, tracking of BFI's, changes, and formal correspondence. They will be on the project site weekly to meet with the superintendent and to meet with the project team. 16 Richard Huddleston-Superintendent - (Onsite Full-Time - 100%) James will be on the job site daily and will be in charge of safety, quality control, and Braun&Butler short-term schedule. CONSTRUCTION braun-butler.com Responsibilities Li Braun & Butler Construction TASK VICE PRESIDENT OF PROJECT PROJECT PRECONSTRUCTION MANAGER SUPERINTENDANT W ESTIMATING ✓ ✓ x z W VALUE ENGINEERING V, z M) • DOCUMENT REVIEW ✓ ✓ x MATERIAL 00 SPECS/LEAD • CONSTRUCTIBILITY REVIEWS x x ✓ SUBS PREQUALIFICATION • PROJECT ACCOUNTING x ✓ x BID ANALYSIS ✓ x x a SCHEDULING Q PREPARE SUBCONTRACTS x ✓ x W REVIEW AND MONITOR SHOP V/ DRAWINGS x x EXPEDITE MATERIALS X O FINAL SCHEDULE x ✓ /� • • • L COST AND BUDGET REPORTS x O REPORTSWEEKLY STATUS CONDUCT TEAW/OWNER MEETINGS x • • - . • PAY APPLICATIONS ✓ x RECORD KEEPING&MAINTENANCE V/ CHANGE ORDER MANAGEMENT x CLOSE-OUT ZERO DEFECT-PUNCHLIST x ✓ JOBSITE SAFETY V7-- LAYOUT&STAGING x ' PHASING&SEOUENCING EQUIPMENT SELECTION x ✓ PERSONNELFIELD • DAILY FIELD OPERATIONS y- SHOP DRAWING FIELD CHECK LOG ✓ x PAYROLL • RECORDS PROGRESS MEETINGS ✓ x FOREMAN MEETINGS CRITICAL PATH SCHEDULE ✓ x EQUIPMENT ZERO DEFECT-PUNCHLIST x ✓ RESPONSIBILITY ✓= PRIMARY x =SECONDARY Braun&Butler CONSTRUCTION braun-butler.com Lu 0 LU Cd X CL U j • • mix 1 .I I • mj t i + C LLJ r l on CL ealed Proposal r 1�• l L M .1 city of Round R Fire Station No. 10 Describe your proposal work plan for this project. 6:1 Braun & Butler will equip the project with (1) full time superintendent, (1) 1/3-time project manager, (1) 1/10-time Sr. project manager, and administrators as needed. Braun & Butler subcontracts 100% of our work to qualified area subcontractors. ' All work will be scheduled using critical path method scheduling and performed per l plans and specifications. Our preconstruction services team, led by Colin Juren will start when selected by 062 having conversations with the design team to understand where they are headed with the design. We will utilize this information to inform subcontractors and suppliers of W where we are headed so that all together, we can create a comprehensive conceptual budget that will represent where we ultimately will end up. When completed this budget will be presented to the entire team in full transparency. Additionally, we will discuss other options the design team may want to explore. With this information we 0 O can prepare probable costs for alternative options. Armed with these two items we W w/ look to the owner to consider this as the trajectory of the project. The entire team can discuss important issues concerning budget, scope etc. If the project is overbudget Z IL then we need to have conversations about what is the most important aspects of the project program. We will work through this issue until we reach a place that the O owner is satisfied with the budget, design team is satisfied with where we are headed in design and Braun & Butler is satisfied that we can deliver the intended project for .. the intended budget. This will allow design to continue onto design development Z and ultimately construction drawings. We will prepare new budgets, schedules, and constructability reviews at each design milestone. This process ultimately leads to 14 Z preparation of a guaranteed maximum price budget at 95-100% CDs (construction O drawings). This process leads to fewer surprises and delivery of a project that meets I everyone's expectations. The preconstruction team will complete the process with competitive bidding to W multiple subcontractors in each trade. We will prequalify subcontractors, identify scopes, answer questions, and encourage participation throughout the subcontractor community. We will present the budget, fully transparently, to the entire team. The 0 entire team will see all bids and responses so that everyone is comfortable with the a Q information used to create the final budget. O When complete the project will be transitioned to the project manager and project W CY superintendent. This team will begin construction and ensure a safe project, per plans a and under budget. They will do this through careful submittal review, kick off meetings, weekly foreman's meetings, RFI creation and tracking, safety inspections, schedule updates, owner/architect/contractor coordination meetings. The project manager will be the point of contact for all formal correspondence. The site superintendent will be the point of contact for day-to-day operational issues like traffic flow, special events, or other items that might have an impact. Once construction begins, the Superintendent focuses on a short-range schedule referred to as the Two-Week Look Ahead; while the Project Manager concentrates on the long-range overall schedule which includes confirming that long lead material items are available when required. The Superintendent conducts a weekly work schedule meeting with subcontractors to facilitate information sharing and confirm that schedules are being adhered to. If necessary, the schedule is updated. An up- to-date schedule is provided with each monthly pay application. The construction schedule accounts for work that must be accomplished outside of normal hours, submittal review, approval times for the owner and architect, and material lead times. 1230 Braun&Butler 111N%TRIJCTJON bun-butt r. m 6 Describe your construction management approach and ability to coordinate work with all subcontractors and suppliers in order to meet the deadlines established in the submittal construction schedule Braun & Butler uses Microsoft Project scheduling software. The schedule is created ' by the Project Manager along with early conceptual budgets. As detail is added l to the design, the schedule will receive updates and added detail. This schedule becomes the overall project schedule. The Project Manager will continue to update this schedule monthly until completion. The Superintendent uses the overall project c schedule to develop a more refined and detailed 2 to 3 week look ahead schedule. This schedule is reviewed and updated weekly with the Project Foreman. The look W ahead schedule is the jobsite's tool to meet the milestones on the overall project schedule. 6.3 Describe your ability to complete the project within the schedule taking into account Q O existing commitments. �/ We have currently have 10 significant projects underway at all phases of W ii construction. Braun & Butler has not failed to complete a project on schedule. _ L Any extension to schedules has been due to additional scopes of work added to the project by the owner. Our team was chosen based on experience and availability during the project timeframe outlined by the CSP. They will be committed U) O to the project. 0%W Describe your ability to identify and resolve potential issues, delays, etc. Z 6:4 Issues are usually first identified in the field by the project superintendent and Q Z trade partners. We ask every superintendent and project manager to always bring J O potential solutions to every issue. The field sees the issue firsthand and usually has a a pretty good grasp on what can be done to overcome that challenge. The proposed issue and possible solution are sent to the design team to get their 0 decision on how to handle the issue. We have no hurt feelings if another solution is W more appropriate. The architect, engineer and owner all bring different skill sets to the project and O the diversity of these ideas are what make a good project a great project. Braun & Butler is here to be part of the solution and to get to that solution as expeditiously as possible. O ' Describe your back up/contingency plan for any unanticipated delays. 0: CY 6:5 Unanticipated delays happen and can be dealt with in several successful ways. a The first key is flexibility. The men and women of Braun & Butler are first and foremost problem solvers. We will identify the challenge, identify solutions, solicit additional feedback, agree upon a course of action, and act. We will look inside the box, outside the box and anywhere else we need to minimize the impact of an unanticipated delay. Second, we will work with the project schedule to determine if items can be reordered to provide relief to the delay. Third, we will work with subcontractors to find ways to make up for lost time. The last two years have brought about lots of unanticipated events. We will continue to deal with them as they arise to minimize their impact and achieve project success. 6:6Describe your quality control program. Explain the methods used to ensure quality control during the construction phase of the project. Provide specific examples of how these techniques or procedures were used from any of three (3) projects listed in response to Section 1. Background, Experience, Qualifications Quality Control begins during submittal review. Our project manager will perform a detailed review of all submittal and shop drawings. A best-in-class effort during the submittal phase makes the superintendent's job much easier. The project superintendent will review the approved submittal and shop drawings and discuss them with the subcontractor at their pre-construction conference. Braun & Butler's project superintendent will be active in and around the project site . They will observe materials as they are delivered and when they are being installed. The Braun Butler CONSTRUCTION braun-butler.com project manager also visits the project weekly and will observe all work to ensure the plans and specifications are being followed. Any work not meeting plans and specifications will be removed and replaced. At substantial completion the project superintendent and project manager will create a punch list prior to the design ' team's punch list. This gives the project the best opportunity to meet Braun & Butler 7Lstandards of high quality and attention to detail. Our submittal review process definitely helped eliminate design conflicts for ad 2 TCESD #2 Station No. 5. The coordination of the pre-engineered metal building in the apparatus bay and the structural load bearing metal studs and engineered wood W trusses in the living quarters came together nicely as the building went vertical. At Buda Fire Station No. 2 East, Braun & Butler built two similar stations No. 2 East and No. 3 West. No. 3 West was built first followed by the east station. We used our Q O punch list to tweak the design for the east station to ensure that issues discovered W w/ during construction of the first station would not be repeated in the second station. Z At Pedernales TCESD No. 8 Station 1, Braun & Butler utilized preconstruction I meetings and weekly foreman's meetings to ensure that the timing of work was O accurate. The station was built into a hill with a large retaining wall and drainage system on the back of the apparatus bay. This coordination allowed for all the parts ■.� and pieces to assemble smoothly. Additionally, the pre-engineered metal building fit perfectly on top of the retaining wall. 14 Z Describe how your quality control team will measure the quality of construction J 6:7performed by Subcontractors on this project, and how will you address non- CL O conforming work. U The score card to measure quality construction is two items. First and foremost, the 0 plans and specifications. The identification of product type, tolerance, and industry W quality references all indicate whether the product installed meets or exceeds the expected quality level. The second item, if additional information is needed, is the manufacturer's product and installation data. These two references have O the information required to determine acceptability of wonk. This information, in a cooperation with the project design team, will determine the quality of the work. Q Work determined not to meet the standard will be removed and replaced. 6■Q Provide complete construction schedule assuming a notice to proceed will be A9 CY ■8 provided within 120 days of bid opening (actual notice to proceed will be a different L date). Schedule should reflect the proposed duration but shall not exceed the construction schedule in the Instructions to Proposers Section 1.21 A. Please see following pages for schedule 1230 Braun&Butler f-IT.11111- braun-butlerx m - -- — ��s.���.�<..�_-., -.... _. ._ ... ...��:_,�a�.��-�_.�.�-�:_:���_:._„�:�_...:�_-�•.�_.s;���.��,s,:�ys.._�.,,.�..,.:.z,�..�,..�..�a.=,,.�,.s=.�._._y.ss�.z:_..s_s„��:,�.,::.�,��_.� ..1.,. s a _ -- _—-- W J co - Z J O O H J == O 0 HW WJ LU Z) � = W O = J v . W m Q ' O x ^� .A ; Competitive Sealed "TTor Fire Station No. 10 Ro und L.: fi 7:1 Do you foresee any proble... ...eeting the project schedule? (If answer is yes, please explain.) All modern-day schedules are challenged by supply chain issues and labor availability. This project will not be exempt from the challenges of the current market, but Braun & Butler will work hard to mitigate delays that they might cause. Does the stipulated time of 457 calendar days seem reasonable for this project? 7:2 457 days is a reasonable time frame to complete the project. l 7Does■� the stipulated time effect cost of project and if so please explain? ■ Regarding the connection between time and costs, general conditions are a function of time. The longer the project team is working on a project the higher the cost. Braun & Butler has reviewed the stipulated time compared to the anticipated project schedule W and believe that the proposed stipulated time is the correct balance between cost and productivity. Braun & Butler has prepared a preliminary schedule for this project and determined the correct amount of time that we need to complete the project. Our goal is always to complete the project in as expeditious a manner as possible without Q adding unnecessary costs through overtime and/or weekends when not required. One W technique we anticipate is after award we will postpone mobilization for about one month to allow long lead time items to get submitted, approved and in the queue. Z This will allow for less start and stop during the project, shorten general conditions and U minimize costs. 7Describe■■� the scheduling techniques, including any scheduling or project management software, you would employ on this project. FM Braun & Butler uses Microsoft Project software for scheduling. This software allows V you to visually review the detailed schedule with timelines for specific tasks and W their durations. A preliminary schedule is drafted by the Project Manager and reviewed with the proposal budget. It is prepared early during the award phase to O ensure that the project remains within the time constraints established by the client. The schedule is updated when necessary. A final construction schedule is c■ created once the Contract is executed has been confirmed with the design team, L Owner, and subcontractors. This final schedule will be used during construction. Once construction begins, the Superintendent focuses on a short-range schedule IMM referred to as the Two-Week Look Ahead; while the Project Manager concentrates W on the long-range overall schedule which includes confirming that long lead material terms are available when required. The Superintendent conducts a weekly work W schedule meeting with subcontractors to facilitate information sharing and confirm that schedules are being adhered to. If necessary, the schedule is updated. An up-to-date schedule is provided with each monthly pay application. The construction 0 schedule accounts for work that must be accomplished outside of normal hours, 0 submittal review, approval times for the owner and architect, and material lead times. Braun & Butler has not failed to complete a project on schedule. Any extension to schedules has been due to additional scopes of work added to the project by the owner. 7:5 What other projects will your organization be starting during while this project is starting? Founders Classical Academy Hyde Park Gym m Q 7■ Has your organization been assessed any liquidated damages or other damages for delay ■ on any project during the last five years? If answer is yes, identify project and provide details. No. 1 Braun&Butler CONSTRUCTION braun-butler.com (4� 1 Signature of Proposer Colin Juren Printed Name of Proposer W Vice President of Preconstruction Services J Title 0 Braun & Butler Construction, Inc. W Name of Firm Z U 300 Hazelwood St., Ste. 100, Leander, TX 78641 W Address of Firm 512-837-2882 W Telephone Number of Firm O 512-837-5115 19 Facsimile Number of Firm IL W W E O F- H J m Q Braun&Butler braun-butler.com ACKNOWLEDGMENT L THE STATE OF TEXAS § COUNTY OF ilkamson § W SUBSCRIBED AND SWORN TO BEFORE ME on this the 5+'day of the month of 2024, in the capacity and for the purposes indicated. W ;a;y .. MJ0M8RWHA Nota Public, a of Texas ', T �8 Comm.5.09-23-20251 My Commission Expires: Qq—2-9-Zo .� Z _- W 7 O 19 L H W W 2 O H N J m a Braun&Butler CONSTRUCTION braun-butler.com THE STATE OF TEXAS § BID BOND § KNOW ALL BY THESE PRESENTS: COUNTY OF WILLIAMSON § That Braun&Butler Construction, Inc. of the City of Leander County of Williamson State of Texas as Principal, and Continental Casualty 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, 0 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: 0 " In no case shall the liability of the Surety hereunder exceed the sum of( Five Percent of the W Greatest Amount Bid------- Dollars($ 5%Max Amt Bid ). Q THE CONDITIONS OF THIS OBLIGATION ARE SUCH that,whereas,the Principal has submitted M� the above-referenced Bid to the Owner, for construction of the Work under the "Specifications for W Construction of City of Round Rock Fire Station#10 for which Bids are to be opened at the office of Owner on the 5th day of December ,2024 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 O into a written Agreement substantially in the form contained in the Bid Documents,in accordance with the U 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 mi and remain in full force and effect. 44 If, however, Principal fails to enter into a written Agreement with the Owner in accordance with the 0 Bid or Principal and Surety fail to timely deliver to Owner the performance and payment bonds required 0 by the Bid Documents, Surety within five(5) business days after receipt of a written demand from Owner CL 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 O shall pay all costs incurred by the Owner in such suit, including a reasonable attorney's fee to be fixed by the Court. IN WITNESS WHEREOF, the said Principal and Surety have signed this instrument on this the 5th day of the month of December 2024 . Braun & Butler Construction, Inc. Continental Casualty Company _ PrSurety Karen L. Baylor Printed Name Printed Name By: By: Title:_ Title: Attorne -n-Fact _ Address: 300 azelwood St..Ste 100 Address: 151 N. Franklin St. Leander,TX 78641 Chicago, IL 60606 002004-2020 Page 1 Bid Bond Braun&Butler 00443638 CONSTRUCTION braun-butler.com Resident Agent S r Signature Stephen Smith Alliant Insurance Services, Inc. Printed Name 1421 Hanz Dr. ' Street Address Z New Braunfels,TX 78130 0 City, State,Zip m 0 LL J Q 0 a 0 ce IL 1 Braun&Butler CONSTRUCTION braun-butler.com Figure: 28 TAC§1.601(a)(3) 1 IMPORTANT NOTICE "ISO IMPORTANTE To obtain information or make a complaint: Para obtener informacion o para someter una queja: 2 You may contact Continental Casualty Company, Puede comunicarse con Continental Casualty National Fire Insurance Company of Hartford, Company,National Fire Insurance Company de American Casualty Company of Reading, PA and Hartford,American Casualty Company de Reading, PA Continental Insurance Company at 312-822-5000. y Continental Insurance Company al 312-822-5000. 3 You may call Continental Casualty Company, Usted puede Ilamar al numero de telefono gratis de National Fire Insurance Company of Hartford, Continental Casualty Company, National Fire American Casualty Company of Reading, PA and Insurance Company de Hartford,American Casualty • Continental Insurance Company's toll-free telephone Company de Reading,PA y Continental Insurance O number for information or to make a complaint at: Company's para informacion o para someter una _ queja al: ca 1-877.672-6115 1-877-672-6115 0 4 You may also write to Continental Casualty Usted tambien puede escribir a Continental Casualty Company, National Fire Insurance Company of Company,National Fire Insurance Company de m Hartford,American Casualty Company of Reading, Hartford,American Casualty Company de Reading, PA and Continental Insurance Company at: PA y Continental Insurance Company: CNA Surety CNA Surety 151 North Franklin, 17th Floor 151 North Franklin, 17th Floor Chicago, IL 60606 Chicago, IL 60606 5 You may contact the Texas Department of Puede comunicarse con el Departamento de Seguros Insurance to obtain information on companies, de Texas para obtener informacion acerca de O coverages, rights or complaints at: companias,coberturas,derechos o quejas al: U 1-800-252-3439 1-800-252-3439 mi 6 You may write the Texas Department of Puede escribir al Departamento de Seguros de Insurance: Texas: P.O. Box 149104 P.O. Box 149104 O Austin,TX 78714-9104 Austin,TX 78714-9104 /� Fax: (512)490-1007 Fax:(512)490-1007 CL Web: www.tdi.texas.gov Web: www.tdi.texas.gov O E-Mail: ConsumerProtection@tdi.texas.gov E-Mail: ConsumerProtection@tdi.texas.gov 19 7 PREMIUM OR CLAIM DISPUTES: DISPUTAS SOBRE PRIMAS O RECLAMOS: A Should you have a dispute concerning your Si tiene una disputa concerniente a su prima o a li premium or about a claim you should contact un reclamo,debe comunicarse con el Continental Continental Casualty Company,National Fire Casualty Company, National Fire Insurance Insurance Company of Hartford,American Casualty Company de Hartford,American Casualty Company Company of Reading,PA and Continental Insurance de Reading,PA y Continental Insurance Company Company first. If the dispute is not resolved,you primero. Si no se resuelve la disputa, puede may contact the Texas Department of Insurance. entonces comunicarse con el departamento(TDI). 8 ATTACH THIS NOTICE TO YOUR POLICY: UNA ESTE AVISO A SU POLIZA: Este aviso es This notice is for information only and does not solo para proposito de informacion y no se become a part or condition of the attached convierte en parte o condicion del documento document. adjunto. Form F8277.6-2018 1$3 Braun&Butler CONSTRUCTION braun-butler.com 00300 PROPOSAL FORM i or LL, --A VAL 00 ir f � � y Competitive Sealed Pro osal City of Round Rock Fire Station No. 10 Request for Competitive Sealed Proposals for Construction Services PROPOSAL FORM PROJECT NAME: Fire Station No. 10 PROJECT LOCATION: 4380 East old Settlers Blvd. PROJECT OWNER: City of Round Rock,Texas DATE: December 5, 2024 0 PROPOSER: z Firm Name: Braun & Butler Construction, Inc. O Principal Office Address: 300 Hazelwood St., Ste. 100, Leander, TX 78641 m Telephone Number: 512-837-2882 �_ • Facsimile Number: 512-837-5115 • Primary Contact Name: Colin Juren Primary Contact Title: Vice President of Preconstruction Services ADDENDA ACKNOWLEDGMENT: The undersigned Proposer acknowledges receipt of the following addenda: O U Addendum No. 1 dated 11-22-2024 Date Received 11-22-2024 mi Addendum No. 2 dated Date Received Q Addendum No. 3 dated Date Received O Addendum No. 4 dated Date Received a O 19 NO MODIFICATIONS,ADDITIONS,DELETIONS OR ATTACHMENTS SHALL BE MADE TO IL THIS PROPOSAL FORM. IN SUBMITTING THIS PROPOSAL, THE PROPOSER REPRESENTS THAT ALL LABOR, MATERIALS, EQUIPMENT AND SERVICES ASSOCIATED WITH THE WORK, AS WELL AS THE TERMS AND CONDITIONS OF THE PROPOSED CONTRACT, SHALL BE IN STRICT CONFORMANCE WITH THE CONTRACT DOCUMENTS ON WHICH THIS PROPOSAL IS BASED. CONTRACTOR PROPOSES: In response to the Request for Competitive Sealed Proposals for Construction Services for the execution of the work described by the contract documents for the above-described project, and having examined the site where the work is to be performed,and being familiar with local conditions as they might 1 Braun&Butler CONSTRUCTION braun-butler.com in any way affect the cost and/or time for execution of the work, and having carefully examined all of the contract documents and addenda thereto, the undersigned Proposer agrees to perform all of the work, to provide all services,to furnish all necessary superintendence,labor,machinery,equipment,tools,materials, insurance and miscellaneous items, including transportation and other facilities as may be required for the complete and satisfactory and timely execution of the work for which this proposal is submitted,as provided by the attached supplemental specifications and as shown on the plans for the construction of the project, all for the lump-sum consideration stated as follows: TOTAL PROPOSED CONTRACT SUM to Include the Following Allowances: 1. Owner's Betterment Allowance of Two Hundred and Forty-Five Hundred Thousand Dollars ($245,000.00) 2. Furniture, Fixtures, and Equipment Allowance of One Hundred and Five Thousand Dollars Z ($105,000.00). O • 3. US Digital Paging System Allowance of One Hundred and Five Thousand Dollars($105,000.00). 4. Overhead&Bi-fold Door Allowance of Four Hundred and Seventy-Nine Thousand One Hundred m Dollars($500,000.00) 5. Parking/Detention Pond Area Security Gate, Mangate, and Fencing Allowance of One Hundred 0 Thousand Dollars($100,000.00) c • TOTAL PROPOSED CONTRACT SUM: line Million Four Hundred Twenty-Two Thousand Six Hundred Eighty Fivq)ollars ($ $9,422,685 O VOLUNTARY ALTERNATE SUM: (Attach description on separate sheet if needed) U J No Bid Dollars ($ $0.00 Q The undersigned Proposer agrees to commence work within ten (10)days after the date of written O "Notice to Proceed." The undersigned Proposer further agrees to complete the work in full within 457 L calendar days after the date of the written"Notice to Proceed,"subject to any extensions of time allowed 0 by the contract documents,and in phases as indicated on the drawings. The undersigned Proposer and the Owner agree that for each and every calendar day on which the work,or any portion thereof,remains incomplete after the stated calendar-day period,the Proposer shall pay the amount of One Thousand Dollars($1,000.00)per calendar day as liquidated damages,not as a penalty but for delay damages to the Owner. Such amount shall be deducted by the Owner from any payment due to the Proposer. The undersigned Proposer agrees that this proposal shall be good for and may not be withdrawn for a period of one hundred and twenty(120) calendar days after closing deadline for receiving proposals. The undersigned Proposer agrees,if notified of the acceptance of this proposal within one hundred and twenty(120)days of the time set for opening of proposals,to execute and deliver to the Owner within five(5)days from the date of such notification the required construction contract,a performance bond and a payment bond for the total amount of the construction agreement, and a certificate of insurance, all as stipulated in the contract documents. Braun&Butler CONSTRUCTION braun-butler.com The undersigned Proposer agrees to attach to this proposal a certified check, cashier's check or proposal bond in the amount of five percent(5%)of the total proposed contract sum. Also accompanying this proposal is all information required in the"Instruction to Proposers." , It is understood and agreed by and between the parties that the proposal security accompanying this proposal will be returned to the Proposer, except in the following instance: in the event of acceptance of this proposal, if the Proposer fails to execute the required construction agreement and deliver the required performance and payment bonds within five (5) days after acceptance, then the proposal security shall become the property of the Owner and shall be considered as liquidated damages for the delay and other inconveniences suffered by the Owner because of such failure of the Proposer. 0 The undersigned Proposer acknowledges that the Owner reserves the right to reject any and/or all Z proposals covered in this Request for Competitive Sealed Proposals and that the Owner has the right to 0 waive any informalities and/or defects in proposals or to accept such proposals as it shall deem to be in the m best interests of the Owner. In submitting this proposal, the Proposer represents that no person or company other than the Proposer listed below or otherwise indicated hereinafter has any interest whatsoever in this proposal or the m • construction agreement that may be entered into as a result hereof. The undersigned Proposer certifies that the proposed contract sum and all prices contained in this proposal have been carefully checked and are submitted as correct and final. The undersigned Proposer further certifies that the unit prices have been shown in words and figures for each item listed in this proposal; and it is understood and agreed that, in the event of a discrepancy,the words shall govern. 0 The undersigned Proposer affirms that she/he/they are duly authorized to execute this proposal,and LL that this company, corporation, firm, partnership, and/or individual has not prepared this proposal in collusion with any other Proposer. The undersigned Proposer affirms that the content of this proposal as to Mi prices, terms, and conditions has not been communicated by the undersigned nor by any agents or lQ employees of the undersigned to any other person engaged in this type of business, prior to the official U) public opening of this proposal. 0 This Proposal Form shall be signed by the Proposer as follows: IL J. Sole Proprietorship: Signature of sole proprietor in the presence of a notary public who will also 0 sign and affix seal, printed name, and printed title (if any). Insert the printed words "Sole 19 Proprietor"under the signature. CL K. Partnership or Joint Venture: Signature of all partners or joint venturers in the presence of a notary public who will also sign and affix seal,printed name,and printed title (if any). Insert the printed words"Partner"or"Joint Venturer"under each signature. L. Corporation: Signature of duly authorized signing officers,printed names,and printed titles. Under each such signature, insert the capacity in which the signing officer acts. Affix the corporate seal. 1 Braun&Butler CONSTRUCTTON braun-butler.com 66 �' Li Signature of Proposer Colin Juren Printed Name of Proposer Vice President of Preconstruction Services Z Title 0 • Braun& Butler Construction, Inc. W Name of Firm Q 300 Hazelwood St., Ste. 100, Leander,TX 78641 _ Address of Firm 512-837-2882 Telephone Number of Firm 512-837-5115 Facsimile Number of Firm O u [Corporate Seal,if a corporation] O ACKNOWLEDGMENT no O THE STATE OF TEXAS § COUNTY OF (kYj1IIamSOn § a SUBSCRIBED AND SWORN TO BEFORE ME on this the 5+%qday of the month of 2024,in the capacity and for the purposes indicated. B ;:�sP;.. NotaV Public, a oZcxas iA '• PUBLIC IN 733550785185 �?•. State of Texas M Commission Expires: 025 y p ��2�—� Comm.Exp 09.23.2 Braun&Butler CONSTRUCTION braun-butler,com 00410 STATEMENT OF BIDDER'S SAFETY EXPERIENCE Page 1 00410 8-2014 Statement of Bidder's Safety Experience 00090654 1 Solicitation Requirements, Contract Forms & Conditions of Contract ' Statement of Bidder's Safety Experience Section 00410 Bidder must submit a signed Statement of Bidder's Safety Experience form with his Bid; failure to do so will constitute an incomplete Bid that may be rejected. In order to make a responsive Bid, Bidder must provide evidence that it meets minimum OSHA construction safety program requirements, has not been fined by OSHA for any willful safety violations in the past three years, and has a lost time injury rate that doesn't exceed the limits established below. All questions must be answered and data given must be clear and comprehensive. If necessary, questions may be answered on separate attached sheets. O Company Name: Braun & Butler Construction, Inc. U Address: 300 Hazelwood St., Ste. 100, Leander, TX 78641 Phone: 512-837-2882 Q W Completed by: Colin Juren Date: 12/3/2024 w/ 1. Does the company have a written construction Safety program? ®Yes ❑No 2. Does the company conduct construction safety inspections? ®Yes ❑No CY 3. Does the company have an active construction safety-training program? ®Yes ❑No LU 4. Has the company been fined by OSHA for any willful safety violations in the past []Yes ®No W three years? ce 5. Does the company have a lost time injury rate of 7.8 for SIC 15,or 7.6 for SIC 16, []Yes ®No W or less over the past three years? Attach the company's OSHA 200/300 logs for the past three years. I 6. Does the company or affected subcontractors have competent persons in the O following Areas? A. Scaffolding ®Yes ❑No ❑N/A B. Excavation ®Yes ❑No ❑N/A C. Cranes ®Yes ❑No El N/A D. Electrical ®Yes ❑No ❑N/A E. Fall Protection ®Yes ❑No ❑N/A F. Confined Spaces ®Yes ❑No ❑N/A I hereby certify that the above information is true and correct. Signature Title Vice President of Preconstruction Services Page 1 00410 8-2014 Statement of Bidder's Safety Experience 00090654 Braun&Butler CONSTRUCTION braun-butler.com 00500 STANDARD FORM AGREEMENT City of Round Rock,Texas Contract Forms Standard Form of Agreement for Competitive Sealed Proposal: Section 00500 City of Round Rock, Texas Standard Form of Agreement between Owner and Contractor AGREEMENT made as of the /(] ( )day of&✓GAn the year 2025. BETWEEN the Owner: City of Round Rock,Texas (hereafter"Owner"or"City") 221 East Main Street Round Rock,Texas 78664 and the Contractor: Braun and Butler Construction,Inc. ("Contractor) 300 Hazlewood Street,Suite 100 Leander Texas 78641 The Project is described as: Fire Station No. 10 4380 East Old Settlers Boulevard Round Rock,Texas 78665 The Architect is: McKinney York Architects Inc. 1301 East Th Street Austin,Texas 78746 For and in consideration of the mutual terms, conditions and covenants of this Agreement and all accompanying documents between Owner and Contractor, the receipt and sufficiency of which are hereby acknowledged,Owner and Contractor agree as follows: ARTICLE I THE CONTRACT DOCUMENTS The Contract Documents consist of this Agreement, Conditions of the Contract (General, Supplementary and other Conditions), Drawings, Specifications, Addenda issued prior to execution of this Agreement, other documents listed in this Agreement and Modifications issued after execution of this Agreement; these form the Contract and are as fully a part of the Contract as if attached to this Agreement or repeated herein. The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations or agreements, either written or oral. An enumeration of the Contract Documents, other than Modifications,appears in Article 7. ARTICLE 2 THE WORK OF THIS CONTRACT Contractor shall fully execute the Work described in the Contract Documents, except to the extent specifically indicated in the Contract Documents to be the responsibility of others. 00500 Page 1 of 6 Standard Form of Agreement 00479740/ss2 ARTICLE 3 DATE OF COMMENCEMENT;DATE OF SUBSTANTIAL COMPLETION;DATE OF FINAL COMPLETION 3.1 The date of commencement of the Work shall be the date of this Agreement unless a different date is stated below or provision is made for the date to be fixed in a Notice to Proceed issued by Owner. 3.2 The Contract Time shall be measured from the date delineated in the Notice to Proceed. 3.3 Contractor shall commence Work within ten (10) calendar days from the date delineated in the Notice to Proceed. 3.4 Contractor shall achieve Substantial Completion of the entire Work no later than Four Hundred Fifty-Seven 457 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 One Thousand and No/100 Dollars ($1 000.00 for each calendar day that Substantial Completion is delayed after the date(s)specified for Substantial Completion. It is hereby agreed that the liquidated damages to which Owner is entitled hereunder are a reasonable forecast of just compensation for the harm that would be caused by Contractor's failure to achieve Substantial Completion of the Work(or any portion thereof)on or before the date(s)specified for Substantial Completion in the Agreement.It is agreed that the harm that would be caused by such failure, which includes loss of expected use of the Project areas, provision of alternative storage facilities and rescheduling of moving and occupancy dates, is one that is incapable or very difficult of accurate estimation.It is hereby agreed that if Substantial Completion of the Work(or any portion thereof)is not achieved on or before thirty (30) days after the date(s) specified for Substantial Completion in the Agreement, the Owner shall have the option to either collect liquidated damages as set forth herein or to thereafter rely on its remedies under the Contract Documents and at law and in equity, including without limitation, the recovery of actual damages. The date(s)specified for Substantial Completion of the Work(or any portion thereof)in the Agreement shall be subject to adjustment as provided in the Contract Documents. 3.6 Contractor shall achieve Final Completion of the entire Work no later than Four Hundred Eighty-Seven (487)calendar days from issuance by Owner of Notice to Proceed. ARTICLE 4 CONTRACT SUM 4.1 Owner shall pay Contractor the Contract Sum in current funds for Contractor's performance of the Contract. The Contract Sum shall be Nine Million One Hundred Forty-Nine Thousand Nine Hundred Forty-Seven and No/100 Dollars($9.149.947.00),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: ARTICLE 5 PAYMENTS 5.1 PROGRESS PAYMENTS 5.1.1 Based upon Applications for Payment submitted to Architect and Owner by Contractor,and Certificates for Payment issued by Architect and not disputed by Owner and/or Owner's lender, Owner shall make progress Page 2 of 6 payments on account of the Contract Sum to Contractor as provided below,in Article 14 of the City of Round Rock General Conditions,and elsewhere in the Contract Documents. 5.1.2 The period covered by each Application for Payment shall be one calendar month ending on the last day of the month. 5.1.3 Provided that an Application for Payment is received by Architect and Owner, and Architect issues a Certificate of Payment not later than the tenth(10th)day of a month, Owner shall make payment to Contractor not later than the tenth(10th)day of the next month.If an Application for Payment is received by Architect and Owner after the application date fixed above,payment shall be made by Owner not later than one month after the Architect issues a Certificate for Payment. 5.1.4 Each Application for Payment shall be based on the most recent schedule of values submitted by Contractor in accordance with the Contract Documents. The schedule of values shall allocate the entire Contract Sum among the various portions of the Work.The schedule of values shall be prepared in such form and supported by such data to substantiate its accuracy as Architect and Owner may require. This schedule, unless objected to by Architect or Owner,shall be used as a basis for reviewing Contractor's Applications for Payment. 5.1.5 Applications for Payment shall warrant the percentage of completion of each portion of the Work as of the end of the period covered by the Application for Payment. 5.1.6 Subject to other provisions of the Contract Documents, the amount of each progress payment shall be computed as provided in Article 14 of the City of Round Rock General Conditions. 5.1.7 Except with Owner's prior written approval,Contractor shall not make advance payments to suppliers for materials or equipment which have not been delivered and stored at the site. 5.2 FINAL PAYMENT 5.2.1 Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made by Owner to Contractor when: .1 Contractor has fully performed the Contract except for Contractor's responsibility to correct Work,and to satisfy other requirements,if any,which extend beyond final payment;and .2 a final Certificate for Payment has been issued by Architect. 5.2.2 Owner's final payment to Contractor shall be made no later than thirty (30) days after the issuance of Architect's final Certificate for Payment. In no event shall final payment be required to be made prior to thirty(30) days after all Work on the Contract has been fully performed.Defects in the Work discovered prior to final payment shall be treated as non-conforming Work and shall be corrected by Contractor prior to final payment, and shall not be treated as warranty items. ARTICLE 6 TERMINATION OR SUSPENSION 6.1 The Contract may be terminated by Owner or Contractor as provided in Article 15 of the City of Round Rock General Conditions. 6.2 The Work may be suspended by Owner as provided in Article 15 of the City of Round Rock General Conditions. Page 3 of 6 ARTICLE 7 ENUMERATION OF CONTRACT DOCUMENTS 7.1 The Contract Documents, except for Modifications issued after execution of this Agreement, are enumerated as follows: 7.1.1 The Agreement is this executed version of the City of Round Rock, Texas Standard Form of Agreement between Owner and Contractor for Competitive Sealed Proposals,as modified. 7.1.2 The General Conditions are the "City of Round Rock Contract Forms 00700," General Conditions, as modified. 7.1.3 The Supplementary, Special, and other Conditions of the Contract are those contained in the Project Manual dated February 2025. 7.1.4 The Specifications are those contained in the Project Manual dated Februaa 2025. 7.1.5 The Drawings,if any,are those contained in the Project Manual dated February 2025. 7.1.6 The Insurance&Construction Bond Forms of the Contract are those contained in the Project Manual dated February 2025. 7.1.7 The Notice to Proposers, Instructions to Proposers, Proposal Form, and Addenda, if any, are those contained in the Project Manual dated February 2025. 7.1.8 If this Agreement covers construction involving federal funds, thereby requiring inclusion of mandated contract clauses, such federally required clauses are those contained in the "City of Round Rock Contract Forms 03000,"Federally Required Contract Clauses,as modified. 7.1.9 Other documents,if any,forming part of the Contract Documents are as follows: Itemized Bid Form Supplemental Information to Standard Form of Agreement between Owner and Contractor ARTICLE 8 MISCELLANEOUS PROVISIONS 8.1 Where reference is made in this Agreement to a provision of any document, the reference refers to that provision as amended or supplemented by other provisions of the Contract Documents. 8.2 Owner's representative is: Hayden Schiller,Project Manager General Services Department City of Round Rock 737-329-6596 8.3 Contractor's representative is: Colin Juren Vice President of Preconstruction Servies Braun and Butler Construction,Inc. 512-837-2882 8.4 Neither Owner's nor Contractor's representative shall be changed without ten(10) days' written notice to the other party. 8.5 Waiver of any breach of this Agreement shall not constitute waiver of any subsequent breach. Page 4 of 6 8.6 Owner agrees to pay Contractor from available funds for satisfactory performance of this Agreement in accordance with the proposal submitted therefor, subject to proper additions and deductions, all as provided in the General Conditions, Supplemental Conditions, and Special Conditions of this Agreement, and Owner agrees to make payments on account thereof as provided therein. Lack of funds shall render this Agreement null and void to the extent funds are not available. This Agreement is a commitment of City of Round Rock's current revenues only. 8.7 Although this Agreement is drawn by Owner, both parties hereto expressly agree and assert that, in the event of any dispute over its meaning or application,this Agreement shall be interpreted reasonably and fairly,and neither more strongly for nor against either party. 8.8 In accordance with Chapter 2271, Texas Government Code, a governmental entity may not enter into a contract with a company for goods or services unless the contract contains written verification from the company that it: (1) does not boycott Israel; and (2) will not boycott Israel during the term of this contract. The signatory executing this Agreement on behalf of Contractor verifies Contractor does not boycott Israel and will not boycott Israel during the term of this Agreement. 8.9 This Agreement shall be enforceable in Round Rock,Texas,and if legal action is necessary by either party with respect to the enforcement of any or all of the terms or conditions herein,exclusive venue for same shall lie in Williamson County, Texas. This Agreement shall be governed by and construed in accordance with the laws and court decisions of the State of Texas. 8.10 Both parties hereby expressly agree that no claims or disputes between the parties arising out of or relating to this Agreement or a breach thereof shall be decided by an arbitration proceeding, including without limitation, any proceeding under the Federal Arbitration Act(9 USC Section 1-14)or any applicable state arbitration statute. 8.11 The parties, by execution of this Agreement, bind themselves, their heirs, successors, assigns, and legal representatives for the full and faithful performance of the terms and provisions hereof. [Signatures on the following page.] Page 5 of 6 This Agreement is entered into as of the day and year first written above and is executed in at least two(2) original copies,of which one is to be delivered to Owner. OWNER CONTRACTOR CITY OF ROUND ROCK,TEXAS BRAUN AND BUTLER CO RU T N Printed Name:Crai Mor an M Printed Name:Colin Juren Title: Ma or Title: Vice President of Preconstruction Services Date Signed: GlJ Date Signed: AST: qAAj j(A Ar, City erk FOR CITY,APPROVED AS TO FORM: 6. ity Atto Page 6 of 6 City of Round Rock,Texas Contract Preparation Supplemental Information to Standard Form of Agreement between Owner and Contractor Project Title Related to Article 4 Contract Sum A.TOTAL CONTRACT SUM (including Owner's Betterment): $9,149,947.00. Nine million, one hundred and forty nine thousand, nine hundred and forty seven dollars and zero cents. B. See attached Exhibit: Scope and Price Descriptions C. All changes to the project represented by a change order or a change directive incurring cost shall be limited to 15 percent (%)of Overhead and Profit generated by Subcontractors and 5 percent (%) Profit/Fee submitted by the General Contractor. Related to Article 3 Schedule A. 15 month duration upon notice to proceed and receipt of all applicable permits Related to Article 8 Miscellaneous Provisions A. Contractors proposed Supervision and Superintendence for the project shall be as specified below and follow the terms and condition set forth in Article b of the 00700 General Conditions Senior Project Manager: Brian Lauterjung/COO Assumed work capacity dedicated to project 20 percent Project Manager: Matt Harton/Project Manager Assumed work capacity dedicated to project 33 percent (%) Superintendent: Richard Huddleston/ Project Superintendent Assumed work capacity dedicated to project 100 percent (%) Contractor: Braun & Butler C s io Representative Signature: Ll— Printed Name: Colin Juren �� ' -�-3lTZAr—TtorJ Date Signed: 1 (31�Z5 00600 INSURANCE AND CONSTRUCTION BOND FORMS BONDS AND INSURANCE INSTRUCTIONS Instruction Sheet 1. Insurance Company must be licensed by State of Texas. 2. Agent signing bonds must be licensed in Texas. 3. Agent signing bonds must have Power of Attorney on behalf of insurance company. 4. If Agent signing bonds has Power of Attorney, but not licensed in Texas, then the bond must be counter-signed by Texas local recording_agent. ALL THE ABOVE INFORMATION CAN BE FOUND AT Texas Department of Insurance website—www.tdi.state.tx.us 5. Make sure the dollar amount on both Performance and Payment Bonds match the amount of the Agreement&Bid Form Sheet. 6. Both Performance and Payment Bonds should be signed by Authorized Person. If the contractor is a corporation, then it should be signed by the President or the Vice-President. If the contractor is not incorporated, then it may be signed by the Owner. Please state the title of the authorized person. BOND #30221799 PERFORMANCE BOND THE STATE OF TEXAS § § KNOW ALL BY THESE PRESENTS: COUNTY OF WILLIAMSON § That Braun&Butler Construction, Inc. of the City of Leander County of Williamson , and State of Texas , as Principal, and conunentai Casual 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 Nine Million One Hundred Forty Nine Thousand Nine Hundred Forty Seven and No/100 Dollars ($ 9,149,947.00 ) for the payment whereof, well and truly to be made the said Principal and Surety bind themselves, and their heirs, administrators, executors, successors and assigns,jointly and severally, by these presents: WHEREAS,the Principal has entered into a certain written Agreement with the Owner dated the / day of n/IG rC,,h , 2076to which the Agreement is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein consisting of-. Fire Station No. 10 4380 East Old Settlers Boulevard Round Rock,TX 78665 (Name of the Project) 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 7-2009 Performance Bond 00090656 PERFORMANCE BOND(continued) Surety, for value received, stipulates and agrees that no change, extension of time, alteration or addition to the term 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. IN WITNESS WHERE�F, the said Principal and Surety have signed and sealed this instrument this Zq day of T-- ,20?j Braun&Butler Construction, Inc. Continental Casualty Company Princinal SuretyWe-1 Karen L.Bavlor Printed Name Printed Name By: By: '' v Title: Title: Attornev-in-Fact Address: 300 Hazelwood St. Ste. 100 Address: 151 N.Franklin Street Leander,TX 78641 Chicaeo,IL.60606 Resident Agent of Surety: Signature Stephen Smith-Alliant Insurance Services, Inc. Printed Name 1421 Hanz Drive Street Address New Braunfels,TX 78130 City, State&Zip Code Page 2 00610 7-2009 Performance Bond 00090656 BOND #30221799 PAYMENT BOND THE STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF WILLIAMSON § That Braun&Butter Construction, Inc. , of the City of Leander County of Williamson , and State of Texas as Principal, and c ,ac�mnv � 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, (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 Nine Million One Hundred Forty Nine Thousand Nine Hundred Forty Seven and No/100 Dollars ($ 9,149.947.00 ) for the payment whereof, well and truly be made the said Principal and Surety bind themselves and their heirs, administrators, executors, successors, and assigns,jointly and severally,by these presents: WHEREAS, the Principal has entered into a certain written Agreement with the Owner, dated the /V'6 day of ) 29_L-5. to which Agreement is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein consisting of. Fire Station No. 10 4380 East Old Settlers Boulevard Round Rock,TX 78665 (Name of the Project) 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 7-2009 Payment Bond 00090656 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 it's 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 WITNESWHEREOF, the said Prince al and Surety have signed and sealed this Instrument this `% ''"day of ,20�t Braun&Butler Construction, Inc. Continental Casualty Company Principal I'v� Surety KjV'jI'y Karen L.Bavlor Printed Name Printed Name By: lw� By: Y- k q-,, Title: S Title: Attomev-m-Fact Address: 300 f&zelwood St.. Ste. 10( Address: 151 N. Franklin Street Leander,TX 78641 Chicago,IL 60606 Resident Agent of Surety: Signature Stephen Smith-Alliant Insurance Services, Inc. Printed Name 1421 Hanz Drive Street Address New Braunfels,TX 78130 Page 2 00620 7-2009 Payment Bond 00090656 POWER OF ORNEY APPOINTING INDIVIDUAL ATT EY-IN-FACT Know All Men By These Presents,That Continental Casualty Company,an Illinois insurance company,National Fire Insurance Company of Hartford,an Illinois insurance company,and American Casualty Company of Reading,Pennsylvania,a Pennsylvania insurance company(herein called "the CNA Companies"),are duly organized and existing insurance companies having their principal offices in the City of Chicago,and State of Illinois, and that they do by virtue of the signatures and seals herein affixed hereby make,constitute and appoint Brannon Brooke,Cory Brooke,Stephen Smith,Byron R Dudney,Kristin Darling,Douglas X Brewka,Karen L Baylor, Individually of New Braunfels,CA,their true and lawful Attomey(s)-in-Fact with full power and authority hereby conferred to sign,seal and execute for and on their behalf bonds,undertakings and other obligatory instruments of similar nature -In Unlimited Amounts- and to bind them thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of their insurance companies and all the acts of said Attorney,pursuant to the authority hereby given is hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By-Laws and Resolutions,printed on the reverse hereof,duly adopted,as indicated,by the Boards of Directors of the insurance companies. In Witness Whereof,the CNA Companies have caused these presents to be signed by their Vice President and their corporate seals to be hereto affixed on this 28th day of June,2023. �rcAsu ter %NSUR4 Continental Casualty Company ��P �cF National Fire Insurance Company of Hartford Z, coaPoaArE ci American Casualty Company of Reading,Pennsylvania Zs MY X 0 SEAL r NAL s tB97 IA"Kasten Vice President State of South Dakota,County of Minnehaha,ss: On this 28th day of June,2023,before me personally came Lary Kasten to me known,who,being by me duly sworn,did depose and say: that he resides in the City of Sioux Falls,State of South Dakota;that he is a Vice President of Continental Casualty Company,an Illinois insurance company, National Fire Insurance Company of Hartford,an Illinois insurance company,and American Casualty Company of Reading,Pennsylvania,a Pennsylvania insurance company described in and which executed the above instrument;that he knows the seals of said insurance companies;that the seals affixed to the said instrument are such corporate seals;that they were so affixed pursuant to authority given by the Boards of Directors of said insurance companies and that he signed his name thereto pursuant to like authority,and acknowledges same to be the act and deed of said insurance companies. .......................... M.BENT �NOPUBLIC �SOUUTHTH DAKOTA SEAL In Azrl� My Commission Expires March 2,2026 M.Bent Notary Public CERTIFICATE I,D.Johnson,Assistant Secretary of Continental Casualty Company,an Illinois insurance company,National Fire Insurance Company of Hartford, an Illinois insurance company,and American Casualty Company of Reading,Pennsylvania,a Pennsylvania insurance company do hereby certify that the Power of Attorney herein above set forth is still in force,and further certify that the By-Laws and Resolutions of the Board of Directors of the insurance companies printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said insurance companies this cAsu� Continental Casualty Company ?�Pv tr otsuR� � � National Fire Insurance Company of Hartford GOgPORATE if c ��coaarr American Casualty Company of Reading,Pennsylvania 1 • ; u Z D td NRY 31. oU SEAL r y� t I9o2 1a97 D. Johnson 40Assir#atnt Secretary Form F6853-4-2023 Go to www.cnasurety.com>Owner/Obligee Services>Validate Bond Coverage,if you want to verify bond authenticity. Authorizing By-Laws and Resolutions This Power of Attorney is signed by Larry Kasten,Vice President of each of the CNA Companies(as defined in the Power of Attorney),who has been authorized pursuant to the below Bylaws and Resolutions to execute power of attorneys on behalf of each of the CNA Companies. ADOPTED BY THE BOARD OF DIRECTORS OF CONTINENTAL CASUALTY COMPANY: This Power of Attorney is made and executed pursuant to and by authority of the following resolution duly adopted by the Board of Directors of the Company at a meeting held on May 12,1995: "RESOLVED: That any Senior or Group Vice President may authorize an officer to sign specific documents,agreements and instruments on behalf of the Company provided that the name of such authorized officer and a description of the documents,agreements or instruments that such officer may sign will be provided in writing by the Senior or Group Vice President to the Secretary of the Company prior to such execution becoming effective." This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company by unanimous written consent dated the 25i6 day of April,2012: "Whereas,the bylaws of the Company or specific resolution of the Board of Directors has authorized various officers(the"Authorized Officers")to execute various policies,bonds,undertakings and other obligatory instruments of like nature;and Whereas,from time to time,the signature of the Authorized Officers,in addition to being provided in original,hard copy format,may be provided via facsimile or otherwise in an electronic format(collectively,"Electronic Signatures');Now therefore be it resolved: that the Electronic Signature of any Authorized Officer shall be valid and binding on the Company." This Power of Attorney may be signed by digital signature and sealed by a digital or otherwise electronic-formatted corporate seal under and by the authority of the following Resolution adopted by the Board of Directors of the Company by unanimous written consent dated the 27th day of April,2022: "RESOLVED:That it is in the best interest of the Company to periodically ratify and confirm any corporate documents signed by digital signatures and to ratify and confirm the use of a digital or otherwise electronic-formatted corporate seal,each to be considered the act and deed of the Company" ADOPTED BY THE BOARD OF DIRECTORS OF NATIONAL FIRE INSURANCE COMPANY OF HARTFORD: This Power of Attorney is made and executed pursuant to and by authority of the following resolution duly adopted by the Board of Directors of the Company by unanimous written consent dated May 10,1995: "RESOLVED: That any Senior or Group Vice President may authorize an officer to sign specific documents,agreements and instruments on behalf of the Company provided that the name of such authorized officer and a description of the documents,agreements or instruments that such officer may sign will be provided in writing by the Senior or Group Vice President to the Secretary of the Company prior to such execution becoming effective." This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company by unanimous written consent dated the 25'day of April,2012: "Whereas,the bylaws of the Company or specific resolution of the Board of Directors has authorized various officers(the"Authorized Officers")to execute various policies,bonds,undertakings and other obligatory instruments of like nature;and Whereas,from time to time,the signature of the Authorized Officers,in addition to being provided in original,hard copy format,may be provided via facsimile or otherwise in an electronic format(collectively,"Electronic Signatures");Now therefore be it resolved: that the Electronic Signature of any Authorized Officer shall be valid and binding on the Company." This Power of Attorney may be signed by digital signature and sealed by a digital or otherwise electronic-formatted corporate seal under and by the authority of the following Resolution adopted by the Board of Directors of the Company by unanimous written consent dated the 27th day of April,2022: "RESOLVED:That it is in the best interest of the Company to periodically ratify and confirm any corporate documents signed by digital signatures and to ratify and confirm the use of a digital or otherwise electronic-formatted corporate seal,each to be considered the act and deed of the Company." ADOPTED BY THE BOARD OF DIRECTORS OF AMERICAN CASUALTY COMPANY OF READING,PENNSYLVANIA: This Power of Attorney is made and executed pursuant to and by authority of the following resolution duly adopted by the Board of Directors of the Company by unanimous written consent dated May 10,1995: "RESOLVED: That any Senior or Group Vice President may authorize an officer to sign specific documents,agreements and instruments on behalf of the Company provided that the name of such authorized officer and a description of the documents,agreements or instruments that such officer may sign will be provided in writing by the Senior or Group Vice President to the Secretary of the Company prior to such execution becoming effective." This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company by unanimous written consent dated the 25te day of April,2012: "Whereas,the bylaws of the Company or specific resolution of the Board of Directors has authorized various officers(the"Authorized Officers")to execute various policies,bonds,undertakings and other obligatory instruments of like nature;and Whereas,from time to time,the signature of the Authorized Officers,in addition to being provided in original,hard copy format,may be provided via facsimile or otherwise in an electronic format(collectively,"Electronic Signatures");Now therefore be it resolved: that the Electronic Signature of any Authorized Officer shall be valid and binding on the Company." This Power of Attorney may be signed by digital signature and sealed by a digital or otherwise electronic-formatted corporate seal under and by the authority of the following Resolution adopted by the Board of Directors of the Company by unanimous written consent dated the 27th day of April,2022: "RESOLVED:That it is in the best interest of the Company to periodically ratify and confirm any corporate documents signed by digital signatures and to ratify and confirm the use of a digital or otherwise electronic-formatted corporate seal,each to be considered the act and deed of the Company." State of Texas Claim Notice Endorsement To be attached to and form a part of Bond No. 30221799 In accordance with Section 2253.021(f) of the Texas Government Code and Section 53.202(6) of the Texas Property Code any notice of claim to the named surety under this bond(s) should be sent to: CNA Surety 151 North Franklin, 17th Floor Chicago, IL 60606 Telephone: 1-877-672-6115 Form F6944-6-2018 Figure: 28 TAC §1.601(a)(3) 1 IMPORTANT NOTICE AVISO IMPORTANTE To obtain information or make a complaint: Para obtener informacion o para someter una queja: 2 You may contact Continental Casualty Company, Puede comunicarse con Continental Casualty National Fire Insurance Company of Hartford, Company, National Fire Insurance Company de American Casualty Company of Reading, PA and Hartford, American Casualty Company de Reading, PA Continental Insurance Company at 312-822-5000. y Continental Insurance Company al 312-822-5000. 3 You may call Continental Casualty Company. Usted puede Ilamar al numero de telefono gratis de National Fire Insurance Company of Hartford, Continental Casualty Company, National Fire American Casualty Company of Reading, PA and Insurance Company de Hartford, American Casualty Continental Insurance Company's toll-free telephone Company de Reading, PA y Continental Insurance number for information or to make a complaint at: Company's para informacion o para someter una queja al: 1-877-672-6115 1-877-672-6115 4 You may also write to Continental Casualty Usted tambien puede escribir a Continental Casualty Company, National Fire Insurance Company of Company, National Fire Insurance Company de Hartford, American Casualty Company of Reading, Hartford, American Casualty Company de Reading, PA and Continental Insurance Company at: PA y Continental Insurance Company: CNA Surety CNA Surety 151 North Franklin, 17th Floor 151 North Franklin, 17th Floor Chicago, IL 60606 Chicago, IL 60606 5 You may contact the Texas Department of Puede comunicarse con el Departamento de Seguros Insurance to obtain information on companies, de Texas para obtener informacion acerca de coverages, rights or complaints at: companias, coberturas, derechos o quejas al: 1-800-252-3439 1-800-252-3439 6 You may write the Texas Department of Puede escribir al Departamento de Seguros de Insurance: Texas: P.O. Box 149104 P.O. Box 149104 Austin, TX 78714-9104 Austin, TX 78714-9104 Fax: (512)490-1007 Fax: (512)490-1007 Web: www.tdi.texas.gov Web: www.tdi.texas.gov E-Mail: ConsumerProtection@tdi.texas.gov E-Mail: ConsumerProtection@tdi.texas.gov 7 PREMIUM OR CLAIM DISPUTES: DISPUTAS SOBRE PRIMAS O RECLAMOS: Should you have a dispute concerning your Si tiene una disputa concerniente a su prima o a premium or about a claim you should contact un reclamo, debe comunicarse con el Continental Continental Casualty Company, National Fire Casualty Company, National Fire Insurance Insurance Company of Hartford, American Casualty Company de Hartford, American Casualty Company Company of Reading, PA and Continental Insurance de Reading, PA y Continental Insurance Company Company first. If the dispute is not resolved, you primero. Si no se resuelve la disputa, puede may contact the Texas Department of Insurance. entonces comunicarse con el departamento (TDI). 8 ATTACH THIS NOTICE TO YOUR POLICY: UNA ESTE AVISO A SU POLIZA: Este aviso es This notice is for information only and does not solo para proposito de informacion y no se become a part or condition of the attached convierte en parte o condicion del documento document. adjunto. Form F8277-6-2018 CER'i it ICATE 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: hqp://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 A¢ent. 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. CERTIFICATE OF LIABILI I Y INSURANCE Date: TDI number required.Please refer to the PRODUCER: Texas Dept of Insurance website: hftp://www.tdi.state.tx.us/ COMPANIES AFFORDING COVERAGE TDI Phone: E-mail: A INSURED: B C Phone: E-mail: D THIS IS TO CERTIFY THAT the Insured named above is insured by the Companies listed above with respect to the business operations hereinafter described, for the types of insurance and in accordance with the provisions of the standard policies used by the companies, and further hereinafter described. Exceptions to the policies are noted below. CO TYPE OF POLICY EFFECTIVE EXPIRATION LIMITS LTR INSURANCE NUMBER DATE DATE GENERAL LIABILITY GENERAL AGGREGATE $ PRODUCTS-COMP/OP AGG. $ PERSONAL&ADV INJURY $ EACH OCCURRENCE $ FIRE DAMAGE(Any one fire) $ MED. EXPENSE(Any one person) $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ BODILY INJURY(Per person) $ BODILY INJURY(Per accident) $ PROPERTY DAMAGE $ EXCESS LIABILITY EACH OCCURRENCE $ AGGREGATE $ WORKERS'COMPENSATION STATUTORY LIMITS $ AND EMPLOYERS'LIABILITY EACH ACCIDENT $ DISEASE-POLICY LIMIT $ DISEASE-EACH EMPLOYEE $ PROFESSIONAL LIABILITY BUILDERS' RISK INSURANCE OR INSTALLATION INSURANCE DESCRIPTION OF OPERATION S/LOCATIONS/VEH IC LES/SPECIAL ITEMS/EXCEPTIONS The City of Round Rock is named as additional insured with respect to all policies except 'Workers' Compensation and Employers' Liability' and 'Professional Liability'. Should any of the above described policies be cancelled or changed before the expiration date thereof,the issuing company will mail thirty(30)days written notice to the certificate holder named below. CERTIFICATE HOLDER: City Manager City of Round Rock SIGNATURE OF AGENT LICENSED IN STATE OF TEXAS 221 E. Main Street Round Rock,Texas 78664 Typed Name: License ID: Page 1 00650 10-2010 Certificate of Liability Insurance 00205796 ® DATE(MM/DD/YYYY) CERTIFICATE OF LIABILITY INSURANCE 2,21,2025 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Laura Gregory B n0 Marsh&McLennan Agency LLC PHONE 512-226-7900 AX No Rollingwood Center, Building I E-MAIL 2500 Bee Cave Road, Suite 125 ADDRESS: laura.gregory@marshmma.com Austin TX 78746 INSURERS AFFORDING COVERAGE NAIC# INSURERA:Texas Mutual Insurance Company 22945 INSURED BRAUN& INSURER B:Travelers Casualty and Surety Company 19038 Braun&Butler Construction, Inc. INSURER C:Lloyds Syndicate 3624 55555 300 Hazelwood St., Ste. 100 Leander TX 78641 INSURER D:Travelers Lloyds Insurance Company 41262 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:912718022 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP POLICY NUMBER MMIDD/YYYY MWDDIYYYY LIMITS LTR C X COMMERCIALGENERALLIABILITY ANE192680323 12/31/2024 12/31/2025 EACH OCCURRENCE $1,000,000 DAMAGE TO RNTED CLAIMS-MADE [_�]OCCUR PREMISES (EaEoccu ence) $200,000 X 5,000 MED EXP(Any one person) $10,000 PERSONAL&ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 POLICY 1 PRO JECT LOC PRODUCTS-COMP/OP AGG $2,000,000 OTHER: $ C AUTOMOBILE LIABILITY ANE192680323 12/31/2024 12/31/2025 COEaMBI accidNED ent d.nl)s GLELIMIT 81,000,000 IX ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS X HIRED X NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY Per accident D X UMBRELLA LIAB X OCCUR QT6608J930403TLC22 12/31/2024 12/31/2025 EACH OCCURRENCE $5,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE $5,000,000 DED I X I RETENTION$n $ A WORKERS COMPENSATION 0001262832 12/31/2024 12/31/2025 X PER OTH- AND EMPLOYERS'LIABILITY Y/N STATUTE ER ANYPROPRIETOR/PARTNER/EXECUTIVEE.L.EACH ACCIDENT $1,000,000 OFFICER/MEMBE R EXCLUDED? ❑ NIA (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000 D Crime/Cyber QT6608J930403TLC22 12/31/2024 12/31/2025 $1,000,000 C Professional/Pollution ANE192680323 12/31/2024 12/31/2025 $1.000,000 Poll $2,000,000 Prof B D&O 107764508 12/31/2024 12/31/2025 $1000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Forms and Endorsements Schedule: General Liability: Contractors'Commercial General Liability Broadened Endorsement#GA233 09 17 Commercial General Liability Coverage Form#GA101 TX0910 Cancellation or NonRenewal by Us Notification to Designated Entity#IA4087 0917 Contractors Additional Insured-Automatic Status and Automatic Waiver of Subrogation When Required In Written Contract,Agreement, Permit or Authorization.#GA 472 0918 See Attached... CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Round Rock,Texas 221 East Main Street AUTHORIZED REPRESENTATIVE Round Rock TX 78664 ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: BRAUN& LOC#: ,a�oizo ADDITIONAL REMARKS SCHEDULE Page 1 of 1 AGENCY NAMED INSURED Marsh&McLennan Agency LLC Braun&Butler Construction,Inc. 300 Hazelwood St.,Ste.100 POLICY NUMBER Leander TX 78641 CARRIER NAIC CODE EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: CERTIFICATE OF LIABILITY INSURANCE Automobile: Business Auto XC+(Expanded Coverage plus)#AA288 0116 Workers Compensation: Texas Waiver of Our Right to Recover from Others#WC420304B Texas Notice of Material Change Endorsement#WC420601 Crime Carrier:C Policy#107710883 Policy Period:12/31/2024-12/31/2025 Limit:$1,000,000 Retention:$1,000 Cyber Carrier:C Policy#107710883 Policy Period:12/31/2024-12/31/2025 Limit:$1,000,000 Retention:$10,000 Directors&Officers Carrier.0 Policy#107764508 Policy Period: 12/31/2024-12/31/20245 Retention:$5,000 Re:Fire Station No. 10 4380 East Old Settlers Boulevad Round Rock,TX 78665 ACORD 101 (2008/01) ©2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD YYY A`ORo® EVIDENCE OF COMMERCIAL PROPERTY INSURANCE DAT2/21/2o2b ) THIS EVIDENCE OF COMMERCIAL PROPERTY INSURANCE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE ADDITIONAL INTEREST NAMED BELOW.THIS EVIDENCE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS EVIDENCE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE ADDITIONAL INTEREST. PRODUCER NAME, I PHONE COMPANY NAME AND ADDRESS NAIC NO: CONTACT PERSON AND ADDRESS :512-226-7900 41262 Marsh&McLennan Agency LLC Travelers Lloyds Insurance Company Rollingwood Center,Building I One Tower Square 2500 Bee Cave Road,Suite 125 Hartford,CT 06183 Austin,TX 78746 FAX _ E-MAIL (AIC, /C No): I ADDRESS: IF MULTIPLE COMPANIES,COMPLETE SEPARATE FORM FOR EACH CODE: SUB CODE: POLICY TYPE AGENCYCUSTOMER ID#: Builders Risk NAMED INSURED AND ADDRESS LOAN NUMBER POLICY NUMBER Braun&Butler Construction,Inc. 300 Hazelwood St.,Ste.100 QT6608J930403TLC22 Leander TX 78641 EFFECTIVE DATE EXPIRATION DATE CONTINUED UNTIL 12/31/2024 12/31/2025 TERMINATED IF CHECKED ADDITIONAL NAMED INSURED(S) THIS REPLACES PRIOR EVIDENCE DATED: PROPERTY INFORMATION ACORD 101 may be attached if mores ace is required) ❑ BUILDING OR ❑ BUSINESS PERSONAL PROPERTY LOCATION/DESCRIPTION Various Locations See Attached... THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS EVIDENCE OF PROPERTY INSURANCE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. COVERAGE INFORMATION PERILS INSURED I BASIC I I BROAD IX I SPECIAL COMMERCIAL PROPERTY COVERAGE AMOUNT OF INSURANCE: $BR-$12M/$4M Frame/JM DED:$2,500 YES NO N/A ❑BUSINESS INCOME ❑RENTAL VALUE X If YES,LIMIT: Actual Loss Sustained;#of months: BLANKET COVERAGE X If YES,indicate value(s)reported on property identified above:$ TERRORISM COVERAGE X Attach Disclosure Notice/DEC IS THERE A TERRORISM-SPECIFIC EXCLUSION? X IS DOMESTIC TERRORISM EXCLUDED? X LIMITED FUNGUS COVERAGE X If YES,LIMIT: DED: FUNGUS EXCLUSION(If"YES",specify organization's form used) X REPLACEMENT COST X AGREED VALUE X COINSURANCE X If YES, % EQUIPMENT BREAKDOWN(If Applicable) X If YES,LIMIT: DED: ORDINANCE OR LAW -Coverage for loss to undamaged portion of bldg X If YES,LIMIT:Induded DED:$2,500 Demolition Costs X If YES,LIMIT:$250,000 DED:$2,500 Incr.Cost of Construction X If YES,LIMIT:$250,000 DED:$2,500 EARTH MOVEMENT(if Applicable) X If YES,LIMIT:$2,500,000 DED:$25,000 FLOOD(if Applicable) X If YES,LIMIT:$2,500,000 DED:$10,000 WIND/HAIL INCL ❑YES ❑NO Subject to Different Provisions: X If YES,LIMIT: DED:$25,000 NAMED STORM INCL ❑YES ❑No Subject to Different Provisions: X If YES,LIMIT: DED: PERMISSION TO WAIVE SUBROGATION IN FAVOR OF MORTGAGE X HOLDER PRIOR TO LOSS CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. ADDITIONAL INTEREST CONTRACT OF SALE LENDER'S LOSS PAYABLE LOSS PAYEE LENDER SERVICING AGENT NAME AND ADDRESS MORTGAGEE NAME AND ADDRESS City of Round Rock,Texas 221 East Main Street AUTHORIZED REPRESENTATIVE Round Rock,TX 78664 ©2003-2015 ACORD CORPORATION. All rights reserved. ACORD 28(2016/03) The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: _ LOC#: A`oREP ADDITIONAL REMARKS SCHEDULE Page 1 of 1 AGENCY NAMED INSURED Marsh&McLennan Agency LLC Braun&Butler Construction,Inc. 300 Hazelwood St.,Ste. 100 POLICY NUMBER Leander TX 78641 QT6608J93O4O3TLC22 CARRIER NAIC CODE Travelers Lloyds Insurance Company 41262 EFFECTIVE DATE: 12/31/2024 ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 28 FORM TITLE: EVIDENCE OF COMMERCIAL PROPERTY INSURANCE REMARKS: RE:Fire Station No. 10 4380 East Old Settlers Boulevard Round Rock,TX 78665 LOCATION/DESCRIPTION: Builders Risk-Frame/JM$4M,All Other$12M Deductible$2,500 ACORD 101 (2008/01) ©2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD 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 Prosect Representative - The authorized representative of E/A who may be assigned to the site or any part thereof. 1.34 Shop Drawings - All drawings, diagrams, illustrations, schedules and other data or information which are specifically prepared or assembled by or for the CONTRACTOR and submitted by the CONTRACTOR as required by the Contract Documents. 1.35 Specifications - Those portions of the Contract Documents consisting of written technical descriptions as applied to the Work, which set forth to the CONTRACTOR, in detail, the requirements which must be met by all materials, equipment, construction systems, standards, workmanship, equipment and services in order to render a completed and useful project. 1.36 Substantial Completion - The stage in the progress of the Work when the Work, or designated portions thereof, may still require minor modifications or adjustments but, in the OWNER's opinion, the Work has progressed to the point such that all parts of the Work under consideration are fully operational and the beneficial use and occupancy of which can be assumed by the Owner, as evidenced by a Certificate of Substantial Completion approved by the OWNER. 00700 04-2020 Page 4 General Conditions 1.37 Subcontractor-An individual, firm, or corporation having a direct contract with the CONTRACTOR for the performance of a part of the Work. 1.38 Sub-subcontractor-A person or entity who has a direct or indirect contract with a Subcontractor or a Sub- subcontractor of any tier to perform a portion of the Work. 1.39 Superintendent - The representative of the CONTRACTOR authorized in writing to receive and fulfill instructions from Owner's Representative, and who shall supervise and direct construction of the Work. 1.40 Supplemental General Conditions -The part of the Contract Documents which either amends or supplements the General Conditions. All General Conditions which are not so amended or so supplemented shall be considered as remaining in full force and effect. 1.41 Su tier-An individual or entity having a direct contract with the CONTRACTOR or with any Subcontractor or Sub-subcontractor to furnish materials or equipment to be incorporated in the Work by the CONTRACTOR or any Subcontractor. 1.42 Time Extension Request-An approved request for time extension on a form acceptable to the OWNER. 1.43 Work - The entire completed construction, or the various separately identifiable parts thereof, required to be furnished under the Contract Documents. 1.44 Working Day - Any day of the week, not including Saturdays, Sundays, or Legal Holidays, in which conditions not under the CONTRACTOR's control will permit work for at least seven (7)hours of the Working Times. Upon authorization by the Owner's Representative, work on Saturdays, Sundays and/or Legal Holidays may be allowed and, in that event, a Working Day will be counted for each such day. 1.45 Working Times — Times of day(s) during which work may be performed. Unless authorized by Owner's Representative, all Work shall be performed between 7:00 a.m. and 6:00 p.m. on weekdays and, if previously authorized as provided for in paragraph 1.44 or paragraph 1.6 herein, as applicable, between 9:00 a.m. and 6:00 p.m. on Saturdays, Sundays or Legal Holidays. When the CONTRACTOR has been authorized to perform Work during hours outside Working Times, such hours shall be considered time worked on Working Day contracts. Notwithstanding the preceding, emergency work may be done without prior permission only as provided in paragraph 6.11.5 herein. 1.46 Written Notice-Written communication between the OWNER and the CONTRACTOR. Written Notice shall be deemed to have been duly served if delivered in person to Owner's Representative or to the CONTRACTOR's duly authorized representative, or if such Written Notice is delivered to or sent by registered or certified mail to the attention of Owner's Representative or to the CONTRACTOR's duly authorized representative at the last business address known to the party giving notice. ARTICLE 2 - PRELIMINARY MATTERS 2.1 Delivery of Agreement, Bonds, Insurance, and Other Documentation: Within ten (10) Calendar Days after written notification of award of Contract, the CONTRACTOR shall deliver to the OWNER signed Agreement, Bond(s), Insurance Certificate(s) and other documentation required for execution of the Contract. 2.2 Copies of Documents: The OWNER shall furnish to the CONTRACTOR two (2) copies of the Contract Documents unless otherwise specified. 00700 04-2020 Page 5 General Conditions 2.3 Commencement of Contract Times; Notice to Proceed: The Contract Time(s) commence on the date indicated in the Agreement or in the Notice to Proceed. Notice to Proceed will be given at any time within sixty (60) Calendar Days after the Execution Date of the Agreement, unless extended by written agreement of the parties. 2.4 Before Starting Construction: 2.4.1 No Work shall be done at the site prior to the preconstruction conference without the OWNER's approval. Before undertaking each part of the Work, the CONTRACTOR shall carefully study and compare the Contract Documents and check and verify pertinent figures shown thereon and all applicable field measurements. The CONTRACTOR shall promptly report in writing to Owner's Representative any conflict, error, ambiguity or discrepancy which the CONTRACTOR may discover and shall obtain a written interpretation or clarification from Owner's Representative before proceeding with any Work affected thereby. The CONTRACTOR shall be liable to the OWNER for failure to report any conflict, error, ambiguity or discrepancy in the Contract Documents of which the CONTRACTOR knew or reasonably should have known. 2.4.2 The CONTRACTOR shall submit the following to Owner's Representative for review and approval no later than the preconstruction conference: .1 a preliminary progress schedule indicating the times (number of days or dates) for starting and completing the various stages of the Work, including any Milestones specified in the Contract Documents, identifying when all Subcontractors will be utilized, and taking into consideration any limitations on Working Hours; .2 a preliminary schedule of Shop Drawing and sample submittals; .3 a preliminary schedule of values for all of the Work, subdivided into component parts in sufficient detail to serve as the basis for progress payments during construction. Such prices will include an appropriate amount of overhead and profit applicable to each item of Work. The preliminary schedule of values submitted by the CONTRACTOR should include a reasonable estimation of value of each item included and shall not contain disproportionate values assigned to any item or items; .4 a letter designating CONTRACTOR's Superintendent; .5 a letter from the CONTRACTOR and Subcontractor(s) listing any salaried specialists; .6 if applicable, a letter designating the "Competent Person(s)" on general safety and trench safety measures; .7 if applicable, a trench safety system plan; .8 if applicable, a plan illustrating proposed locations of temporary facilities; .9 if applicable, a traffic control plan, .10 a completed Non-Use of Asbestos Affidavit (Prior to Construction); and .11 if applicable, a letter designating the Texas Registered Professional Land Surveyor for layout of the Work. 2.5 Preconstruction Conference: Prior to commencement of Work at the site, a preconstruction conference attended by the CONTRACTOR, Owner's Representative and others will be held. 00700 04-2020 Page 6 General Conditions 2.6 Initially Acceptable Schedules: Unless otherwise provided in the Contract Documents, the CONTRACTOR shall obtain approval of Owner's Representative on final versions of the schedules submitted in accordance with paragraph 2.4.2 before the first progress payment will be made to the CONTRACTOR. The progress schedule must provide for an orderly progression of the Work to completion within any specified Milestones and Contract Times. Acceptance of the schedule by Owner's Representative will neither impose on Owner's Representative responsibility for the sequencing, scheduling or progress of the Work nor interfere with or relieve the CONTRACTOR from the CONTRACTOR's full responsibility therefor. The CONTRACTOR's schedule of Shop Drawings and sample submissions must provide an arrangement agreeable to the parties for reviewing and processing the required submittals. 2.7 Electronic Transmittals: 2.7.1 Except as otherwise stated elsewhere in the Contract Documents, the OWNER, E/A, and CONTRACTOR may transmit, and shall except, Project-related correspondence, texts, data, documents, drawings, information, and graphics, including but not limited to Shop Drawings and other submittals, in electronic media or digital format, either directly, or through access to a secure Project website. 2.7.2 When transmitting items in electronic media or digital format, the transmitting party makes no representations as to long term compatibility, usability, or readability of the items resulting from the recipient's use of software application packages, operating systems, or computer hardware differing from those used in the drafting or transmittal of the items. ARTICLE 3 -CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE 3.1 Intent: 3.1.1 The intent of the Contract Documents is to include all information necessary for the proper execution and completion of the Work by the CONTRACTOR. The Contract Documents are complementary, and what is required by one shall be as binding as if required by all. In cases of disagreement, the following order of precedence shall govern (top item receiving priority of interpretation): Change Orders Modifications to the Contract Documents made after the Execution Date Signed Agreement Addenda to the Contract Documents Special Conditions Supplemental General Conditions General Conditions Other Bidding Requirements and Contract Forms Special Provisions to the Standard Technical Specifications Special Specifications Standard Technical Specifications Drawings (figured dimensions shall govern over scaled dimensions) Project Safety manual, if applicable 3.1.2 Unless otherwise stated in the Contract Documents,words which have well-known technical or construction industry meanings are used in the Contract Documents in accordance with such recognized meanings. 3.2 Reporting and Resolving Discrepancies: Prior to commencing the Work, the CONTRACTOR shall review the Contract Documents for the purpose of discovering any conflict, error, ambiguity or discrepancy in the Contract Documents. If, at any time, the CONTRACTOR discovers any conflict, error, ambiguity or discrepancy within the Contract Documents or between the Contract Documents and any provisions of any such law or regulation applicable to the performance of the Work 00700 04-2020 Page 7 General Conditions or of any such standard, specification, manual or code or instructions of any Supplier, the CONTRACTOR shall immediately report it to Owner's Representative in writing, and the CONTRACTOR shall not proceed with the Work affected thereby until an amendment or supplement to the Contract Documents has been issued by one of the methods indicated in paragraph 3.3.1 or paragraph 3.3.2. The CONTRACTOR shall be liable to the OWNER for failure to report any such conflict, error, ambiguity or discrepancy of which the CONTRACTOR knew or reasonably should have known. 3.3 Amending and Supplementing Contract Documents: 3.3.1 The Contract Documents may be amended to provide for additions, deletions and revisions in the Work or to modify the terms and conditions thereof in one or more of the following ways: .1 Change Order. .2 Change Directive. 3.3.2 In addition, the requirements of the Contract Documents may be supplemented, and minor variations and deviations in the Work may be authorized, in one or more of the following ways: .1 Field Order. .2 Review of a Shop Drawing or sample. .3 Written interpretation or clarification. 3.4 Reuse of Documents Prohibited: The CONTRACTOR and any Subcontractor or Supplier or other person or organization performing or furnishing any of the Work under a direct or indirect contract with the OWNER: (i) shall not have or acquire any title to or ownership rights in any of the Drawings, Specifications or other documents (or copies of any thereof) prepared by or bearing the seal of E/A or E/A's consultants, and (ii) shall not reuse any of such Drawings, Specifications, other documents or copies on extensions of the Project or any other project without written consent of the OWNER and E/A. ARTICLE 4-AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; REFERENCE POINTS 4.1 Availability of Lands: The OWNER shall furnish, as indicated in the Contract Documents, all required rights to use the lands upon which the Work is to be performed, rights-of-way and easements for access thereto, and such other lands which are designated for the use of the CONTRACTOR. The OWNER shall identify any encumbrances or restrictions not of general application but specifically related to use of lands so furnished with which the CONTRACTOR will have to comply in performing the Work. Easements for permanent structures or permanent changes in existing facilities will be obtained and paid for by the OWNER, unless otherwise provided in the Contract Documents. If the OWNER fails to furnish these lands, rights-of-way or easements in a timely manner, the CONTRACTOR may make a Claim for adjustments in the Contract Times. The CONTRACTOR shall provide for all additional lands and access thereto that may be required for temporary construction facilities or storage of materials and equipment. 4.2 Subsurface and Physical Conditions: 4.2.1 The CONTRACTOR hereby covenants that it has examined the site of the proposed Work and is familiar with all of the conditions surrounding construction of the Project, having conducted all inquiries, tests and investigations deemed necessary and proper. Unless the CONTRACTOR, prior to the execution of the Agreement, has notified the OWNER in writing of any condition of the site of the proposed Work that would adversely impact 00700 04-2020 Page 8 General Conditions the performance of the Work by the CONTRACTOR, CONTRACTOR covenants that there are no conditions at the site of the proposed work which would adversely impact the performance of Work by the CONTRACTOR. 4.2.2 If conditions are encountered at the site which are (1) subsurface or otherwise concealed physical conditions that differ materially from those indicated in the Contract Documents or(2) unknown physical conditions of an unusual nature, that differ materially from those normally encountered in the type of work being performed under this Contract, then notice by the observing party shall be given to the other party promptly before conditions are disturbed and in no event later than seven (7) calendar days after first observance of the conditions. Owner's Representative will promptly investigate such conditions with E/A and, if they differ materially and cause an increase or decrease in the CONTRACTOR's cost of, or time required for, performance of any part of the Work, OWNER will consider an equitable adjustment in the Contract Amount or Contract Time, or both. If Owner's Representative determines that the conditions at the site are not materially different from those indicated in the Contract Documents and that no change in the terms of the Contract is justified, the CONTRACTOR shall be notified in writing, stating the reasons. Any disputes arising from Owner's Representative's determination shall be resolved in accordance with Article 16. 4.2.3 Notwithstanding any other provision of this Contract, the CONTRACTOR shall be solely responsible for the location and protection of any and all public lines and utility customer service lines in the Work area. For the purposes of this section, "public lines" means the utility distribution and supply system within public rights-of-way or easements, and "utility customer service lines" (service) means any utility line connecting a utility customer to the utility distribution system. Generally, existing service connections within right-of-way or easements are not shown on the Drawings. The CONTRACTOR shall notify the OWNER and "One Call" and exercise due care to locate and to mark, uncover or otherwise protect all such lines in the construction zone and any of the CONTRACTOR's work or storage areas. The CONTRACTOR's obligation hereunder shall be primary and nondelegable. The CONTRACTOR shall indemnify or reimburse the OWNER for such expenses or costs (including fines that may be levied against the OWNER) that may result from unauthorized or accidental damage to all public lines and utility customer service lines in the Work area.The OWNER reserves the right to repair such damage the CONTRACTOR may cause, at the CONTRACTOR's expense. 4.2.4 The CONTRACTOR shall take reasonable precaution to avoid disturbing primitive records and antiquities of archaeological, paleontological or historical significance. No objects of this nature shall be disturbed without written permission of the OWNER and the Texas Department of Antiquities Protection. When such objects are uncovered unexpectedly, the CONTRACTOR shall stop all Work in close proximity and notify Owner's Representative and the Texas Department of Antiquities Protection of their presence and shall not disturb them until written permission and permit to do so is granted.All primitive rights and antiquities uncovered on the OWNER's property shall remain property of the State of Texas, the Texas Department of Antiquities Protection conforming to the Texas Natural Resources Code. If it is determined by the OWNER, in consultation with the Texas Department of Antiquities Protection,that exploration or excavation of primitive records or antiquities on Project site is necessary to avoid loss, the CONTRACTOR shall cooperate in salvage work attendant to preservation. If the Work stoppage or salvage work causes an increase in the CONTRACTOR's cost of, or time required for, performance of the Work, the Contract Amount and/or Contract Time may be equitably adjusted. 4.3 Reference Points: Unless otherwise specified, the OWNER will furnish all reference points, benchmarks, survey monuments, and control points which, in the OWNER's opinion, are suitable for laying out the Work. Such benchmarks and reference points will be placed at intervals not to exceed 1,500 feet. All reference points, benchmarks, survey monuments and control points shall be carefully preserved by the CONTRACTOR by use of flags, laths or other appropriate measures and, in case of destruction or removal by the CONTRACTOR or its employees, such reference points, benchmarks, survey monuments, and control points shall be replaced by a Registered Professional Land Surveyor at the CONTRACTOR's expense. When reference points, benchmarks, survey monuments, or control points are in conflict with the Work, then reestablishment will be the OWNER's responsibility during or upon completion of the Work. 4.4 Hazardous Materials: 00700 04-2020 Page 9 General Conditions 4.4.1 The OWNER shall be responsible for any hazardous material uncovered or revealed at the site which was not shown, indicated or identified in the Contract Documents to be within the scope of the Work and which may present a substantial danger to persons or property exposed thereto in connection with the Work at the site. The CONTRACTOR shall immediately notify Owner's Representative of any suspected hazardous materials encountered before or during performance of the Work and shall take all necessary precautions to avoid further disturbance of the materials. 4.4.2 The CONTRACTOR shall be responsible for any hazardous materials brought to the site by the CONTRACTOR, Subcontractor, Suppliers or anyone else for whom the CONTRACTOR is responsible. 4.4.3 No asbestos-containing materials shall be incorporated into the Work or brought on the Project site without prior approval of the OWNER. 4.4.4 TO THE FULLEST EXTENT PERMITTED BY LAWS AND REGULATIONS, CONTRACTOR SHALL INDEMNIFY AND HOLD HARMLESS OWNER, AND ITS COUNCIL MEMBERS, EMPLOYEES, AGENTS, AND CONSULTANTS FROM AND AGAINST ALL CLAIMS, COSTS, LOSSES, AND DAMAGES (INCLUDING BUT NOT LIMITED TO ALL FEES AND CHARGES OF ENGINEERS, ARCHITECTS, ATTORNEYS, AND OTHER PROFESSIONALS AND ALL COURT OR ARBITRATION OR OTHER DISPUTE RESOLUTION COSTS) ARISING OUT OF OR RELATING TO FAILURE TO CONTROL, CONTAIN OR REMOVE A HAZARDOUS MATERIAL BROUGHT TO THE SITE BY CONTRACTOR OR BY ANYONE FOR WHOM CONTRACTOR IS RESPONSIBLE, OR TO A HAZARDOUS ENVIRONMENTAL CONDITION CREATED BY CONTRACTOR OR BY ANYONE FOR WHOM CONTRACTOR IS RESPONSIBLE. ARTICLE 5 - BONDS AND INSURANCE 5.1 Surety and Insurance Companies: All bonds and insurance required by the Contract Documents shall be obtained from solvent surety or insurance companies that are duly licensed by the State of Texas and authorized to issue bonds or insurance policies for the limits and coverages required by the Contract Documents. The bonds shall be in a form acceptable to the OWNER and shall be issued by a surety which complies with the requirements of Chapter 3503, Texas Insurance Code (2005) and which is otherwise acceptable to the OWNER. OWNER may require the surety to obtain reinsurance for any portion of the risk that exceeds 10% of the surety's capital and surplus. For bonds exceeding $100,000, the surety must also hold a certificate of authority from the U.S. Secretary of the Treasury or have obtained reinsurance from a reinsurer that is authorized as a reinsurer in Texas and holds a certificate of authority from the U.S. Secretary of the Treasury. 5.2 Workers' Compensation Insurance Coverage: 5.2.1 Definitions: .1 Certificate of coverage ("certificate") - A copy of a certificate of insurance, a certificate of authority to self-insure issued by the commission, or a coverage agreement showing statutory workers' compensation insurance coverage for the person's or entity's employees providing services on the Project, for the duration of the Project. .2 Duration of the Project - includes the time from the beginning of the Work on the Project until the CONTRACTOR's/ person's Work on the Project has been completed and accepted by the OWNER. .3 Persons providing services on the Project ("subcontractor" herein) - includes all persons or entities performing all or part of the services the CONTRACTOR has undertaken to perform on the Project, regardless of whether that person contracted directly with the CONTRACTOR and regardless of whether that person has employees. This includes, by way of illustration and not of limitation, 00700 04-2020 Page 10 General Conditions independent contractors, Subcontractors, leasing companies, motor carriers, owner-operators, employees of any such entity, or employees of any entity which furnishes persons to provide services on the Project. "Services" include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project. "Services" does not include activities unrelated to the Project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. 5.2.2 The CONTRACTOR shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all employees of the CONTRACTOR providing services on the Project, for the duration of the Project. 5.2.3 The OWNER will not execute the Contract prior to the CONTRACTOR providing all required certificates of coverage. 5.2.4 If the coverage period shown on the CONTRACTOR's current certificate of coverage ends during the duration of the Project, the CONTRACTOR must, prior to the end of the coverage period, file a new certificate of coverage with the OWNER showing that coverage has been extended. 5.2.5 The CONTRACTOR shall obtain from each person providing services on the Project, and provide to the OWNER: .1 a certificate of coverage, prior to that person beginning Work on the Project, so the OWNER will have on file certificates of coverage showing coverage for all persons providing services on the Project; and .2 no later than seven (7)days after receipt by the CONTRACTOR, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the Project. 5.2.6 The CONTRACTOR shall retain all required certificates of coverage for the duration of the Project and for one (1) year thereafter. 5.2.7 The CONTRACTOR shall notify the OWNER in writing by certified mail or personal delivery within ten (10) days after the CONTRACTOR knew or should have known of any change that materially affects the provision of coverage of any person providing services on the Project. 5.2.8 The CONTRACTOR shall post at its office or on each Project site a notice, in the text, form and manner prescribed by the Texas Workers' Compensation Commission, informing all persons providing services on the Project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage. 5.2.9 The CONTRACTOR shall contractually require each person with whom it contracts to provide services on a Project to: .1 provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44)for all of its employees providing services on the Project, for the duration of the Project; .2 provide to the CONTRACTOR, prior to that person beginning Work on the Project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the Project, for the duration of the Project; .3 provide the CONTRACTOR, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the Project,- 00700 roject;00700 04-2020 Page 11 General Conditions .4 obtain from each other person with whom it contracts, and provide to the CONTRACTOR: a) a certificate of coverage, prior to the other person beginning Work on the Project; and b) a new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the Project; .5 retain all required certificates of coverage on file for the duration of the Project and for one (1) year thereafter; .6 notify the OWNER in writing by certified mail or personal delivery within ten (10) days after the person knew or should have known of any change that materially affects the provision of coverage of any person providing services on the Project; and .7 contractually require each person with whom it contracts, to perform as required by paragraphs 5.2.9.1 - 5.2.9.7, with the certificates of coverage to be provided to the person for whom they are providing services. 5.2.10 By signing this Contract or providing or causing to be provided a certificate of coverage, the CONTRACTOR is representing to the OWNER that all employees of the CONTRACTOR who will provide services on the Project will be covered by workers' compensation coverage for the duration of the Project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self-insured, with the commission's Division of Self-Insurance Regulation. Providing false or misleading information may subject the CONTRACTOR to administrative penalties, criminal penalties, civil penalties, or other civil actions. 5.2.11 The CONTRACTOR's failure to comply with any of these provisions is a breach of Contract by the CONTRACTOR which entitles the OWNER to declare the Contract void if the CONTRACTOR does not remedy the breach within ten (10) days after receipt of notice of breach from the OWNER. 5.3 Contractor Insurance Requirements: For specific bond requirements and additional insurance requirements, refer to the Supplemental General Conditions. 5.3.1.1 General Requirements: .1 CONTRACTOR shall carry insurance in the types and amounts indicated below for the duration of the Contract, which shall include items owned by OWNER in the care, custody and control of CONTRACTOR prior to and during construction and warranty period. .2 CONTRACTOR must complete and forward the required Certificates of Insurance to OWNER before the Contract is executed as verification of coverage required below. CONTRACTOR shall not commence Work until the required insurance is obtained and until such insurance has been reviewed by OWNER. Approval of insurance by OWNER shall not relieve or decrease the liability of CONTRACTOR hereunder and shall not be construed to be a limitation of liability on the part of CONTRACTOR. CONTRACTOR must also complete and forward the required Certificates of Insurance to OWNER whenever a previously identified policy period has expired as verification of continuing coverage. .3 CONTRACTOR's insurance coverage is to be written by companies licensed to do business in the State of Texas at the time the policies are issued and shall be written by companies with A.M. Best ratings of B+VII or better, except for hazardous material insurance which shall be written by companies with A.M. Best ratings of A-or better. 00700 04-2020 Page 12 General Conditions .4 All endorsements naming the OWNER as additional insured, waivers, and notices of cancellation endorsements as well as the Certificate of Insurance shall indicate: City of Round Rock, 221 E. Main St., Round Rock, Texas 78664. .5 The "other" insurance clause shall not apply to the OWNER where the OWNER is an additional insured shown on any policy. It is intended that policies required in the Contract, covering both OWNER and CONTRACTOR, shall be considered primary coverage as applicable. .6 If insurance policies are not written for amounts specified below, CONTRACTOR shall carry Umbrella or Excess Liability Insurance for any differences in amounts specified. If Excess Liability Insurance is provided, it shall follow the form of the primary coverage. .7 OWNER shall be entitled, upon request and without expense, to receive certified copies of policies and endorsements thereto and may make any reasonable requests for deletion or revision or modification of particular policy terms, conditions, limitations, or exclusions except where policy provisions are established by law or regulations binding upon either of the parties hereto or the underwriter on any such policies. .8 OWNER reserves the right to review the insurance requirements set forth during the effective period of this Contract and to make reasonable adjustments to insurance coverage, limits, and exclusions when deemed necessary and prudent by OWNER based upon changes in statutory law, court decisions, the claims history of the industry or financial condition of the insurance company as well as CONTRACTOR. .9 CONTRACTOR shall not cause any insurance to be canceled nor permit any insurance to lapse during the term of the Contract or as required in the Contract. .10 CONTRACTOR shall be responsible for premiums, deductibles and self-insured retentions, if any, stated in policies. All deductibles or self-insured retentions shall be disclosed on the Certificate of Insurance. .11 CONTRACTOR shall provide OWNER thirty (30) days written notice of erosion of the aggregate limits below occurrence limits for all applicable coverages indicted within the Contract. .12 If OWNER-owned property is being transported or stored off-site by CONTRACTOR, then the appropriate property policy will be endorsed for transit and storage in an amount sufficient to protect OWNER's property. .13 The insurance coverages required under this contract are required minimums and are not intended to limit the responsibility or liability of CONTRACTOR. 5.3.1.2 Business Automobile Liability Insurance. Provide coverage for all owned, non-owned and hired vehicles. The policy shall contain the following endorsements in favor of OWNER: a) Waiver of Subrogation endorsement TE 2046A; b) 30 day Notice of Cancellation endorsement TE 0202A; and c) Additional Insured endorsement TE 9901 B. Provide coverage in the following types and amounts: 00700 04-2020 Page 13 General Conditions .1 A minimum combined single limit of$500,000 per occurrence for bodily injury and property damage. Alternate acceptable limits are $250,000 bodily injury per person, $500,000 bodily injury per occurrence and at least$100,000 property damage liability each accident. 5.3.1.3 Workers' Compensation and Employers' Liability Insurance: Coverage shall be consistent with statutory benefits outlined in the Texas Workers' Compensation Act (Section 401). CONTRACTOR shall assure compliance with this Statute by submitting two (2) copies of a standard certificate of coverage (e.g. ACCORD form) to Owner's Representative for every person providing services on the Project as acceptable proof of coverage. The required Certificate of Insurance must be presented as evidence of coverage for CONTRACTOR. Workers' Compensation Insurance coverage written by the Texas Workers Compensation Fund is acceptable to OWNER. CONTRACTOR's policy shall apply to the State of Texas and include these endorsements in favor of OWNER: a) Waiver of Subrogation, form WC 420304; and b) 30 day Notice of Cancellation, form WC 420601. The minimum policy limits for Employers' Liability Insurance coverage shall be as follows: .1 $100,000 bodily injury per accident, $500,000 bodily injury by disease policy limit and $100,000 bodily injury by disease each employee. 5.3.1.4 Commercial General Liability Insurance. The Policy shall contain the following provisions: a) Blanket contractual liability coverage for liability assumed under the Contract and all contracts relative to this Project. b) Completed Operations/Products Liability for the duration of the warranty period. c) Explosion, Collapse and Underground (X, C & U) coverage. d) Independent Contractors coverage. e) Aggregate limits of insurance per project, endorsement CG 2503. f) OWNER listed as an additional insured, endorsement CG 2010. g) 30 day notice of cancellation in favor of OWNER, endorsement CG 0205. h) Waiver of Transfer of Recovery Against Others in favor of OWNER, endorsement CG 2404. Provide coverages A&B with minimum limits as follows: .1 A combined bodily injury and property damage limit of$500,000 per occurrence. 5.3.1.5 Builders' Risk Insurance. CONTRACTOR shall maintain Builders' Risk Insurance or Installation Insurance on an all risk physical loss form in the Contract Amount. Coverage shall continue until the Work is accepted by OWNER. OWNER shall be a loss payee on the policy. If off site storage is permitted, coverage shall include transit and storage in an amount sufficient to protect property being transported or stored. 5.4 Bonds: 00700 04-2020 Page 14 General Conditions 5.4.1 General. .1 Bonds, when required, shall be executed on forms furnished by or acceptable to OWNER. All bonds signed by an agent must be accompanied by a certified copy of such agent's authority to act. .2 If the surety on any bond furnished by CONTRACTOR is declared bankrupt or becomes insolvent or its right to do business is terminated in the State of Texas or it ceases to meet the requirements of the preceding paragraph, CONTRACTOR shall within ten (10)days thereafter substitute another bond and surety, both of which must be acceptable to OWNER. .3 When Performance Bonds and/or Payment Bonds are required, each shall be issued in an amount of one hundred percent (100%) of the Contract Amount as security for the faithful performance and/or payment of all CONTRACTOR's obligations under the Contract Documents. Performance Bonds and Payment Bonds shall be issued by a solvent surety company authorized to do business in the State of Texas, and shall meet any other requirements established by law or by OWNER pursuant to applicable law. Any surety duly authorized to do business in Texas may write Performance and Payment Bonds on a project without reinsurance to the limit of 10 percent of its capital and surplus. Such a surety must reinsure any obligations over 10 percent. .4 If CONTRACTOR has failed to obtain or maintain a required bond, OWNER may exclude the CONTRACTOR from the site of the Project and exercise OWNER's suspension and/or termination rights under the Contract Documents. 5.4.2 Performance Bond. .1 If the Contract Amount exceeds $100,000, CONTRACTOR shall furnish OWNER with a Performance Bond in the form set out by OWNER. .2 If the Contract Amount exceeds $25,000 but is less than or equal to $100,000, CONTRACTOR shall furnish OWNER with a Performance Bond in the form set out by OWNER, unless the original Contract Time is 60 Calendar Days/40 Working Days or less, in which case CONTRACTOR can agree to the following terms and conditions for payment in lieu of providing a Performance Bond: no money will be paid to CONTRACTOR until completion and acceptance of the Work by OWNER; CONTRACTOR shall be entitled to receive 95%of the Contract Amount following Final Completion, and the remaining 5%of the Contract Amount following the one year warranty period. .3 If the Contract Amount is less than or equal to $25,000, CONTRACTOR will not be required to furnish a Performance Bond, provided that no money will be paid to CONTRACTOR until completion and acceptance of the Work by OWNER under the following terms and conditions: CONTRACTOR shall be entitled to receive 95%of the Contract Amount following Final Completion, and the remaining 5%of the Contract Amount following the one year warranty period. .4 If a Performance Bond is required to be furnished, it shall extend for the one year warranty period. 5.4.3 Payment Bond. .1 If the Contract Amount exceeds $50,000, CONTRACTOR shall furnish OWNER with a Payment Bond in the form set out by OWNER. .2 If the Contract Amount is less than or equal to $50,000, CONTRACTOR will not be required to furnish a Payment Bond; provided that no money will be paid to CONTRACTOR until completion and acceptance of the Work by OWNER under the terms and conditions specified in paragraph 5.4.2.3. 00700 04-2020 Page 15 General Conditions ARTICLE 6 -CONTRACTOR'S RESPONSIBILITIES 6.1 Supervision and Superintendence: 6.1.1 The CONTRACTOR shall supervise, inspect and direct the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Contract Documents. Unless otherwise directed by the OWNER in the Contract Documents, the CONTRACTOR shall be solely responsible for the means, methods, techniques, sequences and procedures of construction. The CONTRACTOR shall be responsible to see that the completed Work complies accurately with the Contract Documents. 6.1.2 The CONTRACTOR shall have an English-speaking, competent Superintendent on the Work at all times that work is in progress. Upon request of Owner's Representative, the CONTRACTOR shall present the resume of the proposed Superintendent to Owner's Representative showing evidence of experience and successful superintendence and direction of work of a similar scale and complexity. If, in the opinion of Owner's Representative, the proposed Superintendent does not indicate sufficient experience in line with the Work, he/she will not be allowed to be the designated Superintendent for the Work. The Superintendent shall not be replaced without Written Notice to Owner's Representative. If the CONTRACTOR deems it necessary to replace the Superintendent, the CONTRACTOR shall provide the necessary information for approval, as stated above, on the proposed new Superintendent. A qualified substitute Superintendent may be designated in the event that the designated Superintendent is temporarily away from the Work, but not to exceed a time limit acceptable to Owner's Representative. The CONTRACTOR shall replace the Superintendent upon the OWNER's request in the event the Superintendent is unable to perform to the OWNER's satisfaction. The Superintendent will be the CONTRACTOR's representative on the Work and shall have the authority to act on behalf of the CONTRACTOR. All communications given to the Superintendent shall be as binding as if given to the CONTRACTOR. Either the CONTRACTOR or the Superintendent shall provide an emergency and home telephone number at which one or the other may be reached if necessary when work is not in progress. 6.2 Labor, Materials and Equipment: 6.2.1 The CONTRACTOR agrees to employ only orderly and competent workers, skillful in performance of the type of Work required under this Contract. The CONTRACTOR, Subcontractors, Sub-subcontractors, and their employees may not use or possess any firearms, alcoholic or other intoxicating beverages, illegal drugs or controlled substances while on the job or on the OWNER's property, nor may such workers be intoxicated, or under the influence of alcohol or drugs, on the job. If the OWNER or Owner's Representative notifies the CONTRACTOR that any worker is incompetent, disorderly or disobedient, has knowingly or repeatedly violated safety regulations, has possessed any firearms, or has possessed or was under the influence of alcohol or drugs on the job, the CONTRACTOR shall immediately remove such worker from performing Contract Work, and may not employ such worker again on Contract Work without the OWNER's prior written consent. The CONTRACTOR shall at all times maintain good discipline and order on or off the site in all matters pertaining to the Project. The CONTRACTOR shall pay workers no less than the wage rates established in Section 00900, and maintain weekly payroll reports as evidence thereof. 6.2.2 Unless otherwise specified, the CONTRACTOR shall provide and pay for all materials, equipment, labor, transportation, construction equipment and machinery, tools, appliances, fuel, power, light, heat, telephone, water, sanitary facilities, temporary facilities and all other facilities and incidentals necessary for the furnishing, performance, re-testing of defective work, start-up and completion of the Work. 6.2.3 All materials and equipment shall be of good quality and new (including new products made of recycled materials), except as otherwise provided in the Contract Documents. If required by Owner's Representative, the CONTRACTOR shall furnish satisfactory evidence (reports of required tests, manufacturer's certificates of compliance with material requirements, mill reports, etc.) as to the kind, quantity and quality of materials and equipment. All materials and equipment shall be applied, installed, connected, erected, used, cleaned and conditioned in accordance with instructions of the applicable Supplier, except as otherwise provided in the Contract Documents. 00700 04-2020 Page 16 General Conditions 6.2.4 Substitutes and "Approved Equal" Items: 6.2.4.1 Whenever an item of material or equipment is specified or described in the Contract Documents by using the name of a proprietary item or the name of a particular Supplier, the specification or description is intended to establish the type,function and quality required. Unless the specification or description contains words reading that no like, equivalent or"approved equal" item or no substitution is permitted, other items of material or equipment of other Suppliers may be submitted to Owner's Representative under the following circumstances: .1 "Approved Equal": If, in the OWNER's sole discretion, an item of material or an item of equipment proposed by the CONTRACTOR is functionally equal to that named and sufficiently similar so that no change in related Work will be required, it may be considered by the OWNER as an "approved equal" item, in which case review of the proposed item may, in the OWNER's sole discretion, be accomplished without compliance with some or all of the requirements for evaluation of proposed substitute items. The CONTRACTOR shall provide the OWNER with the documentation required for the OWNER to make its determination. .2 Substitute Items: If, in the OWNER's sole discretion, an item of material or an item of equipment proposed by the CONTRACTOR does not qualify as an "approved equal" item under paragraph 6.2.4.1.1, then it will be considered a proposed substitute item. The CONTRACTOR shall submit sufficient information to allow the OWNER to determine that the item of material or item of equipment proposed is essentially equivalent to that named and a substitute therefor. 6.2.4.2 Substitute Construction Methods and Procedures: If a specific means, method, technique, sequence or procedure of construction is shown or indicated in and expressly required by the Contract Documents, the CONTRACTOR may with prior approval of the OWNER furnish or utilize a substitute means, method, technique, sequence, or procedure of construction. The CONTRACTOR shall submit sufficient information to Owner's Representative to allow the OWNER, in the OWNER's sole discretion, to determine that the substitute proposed is equivalent to that expressly called for by the Contract Documents. 6.2.4.3 OWNER's Evaluation: The OWNER will be allowed a reasonable time within which to evaluate each proposal or submittal made pursuant to paragraph 6.2.4.1.1 and paragraph 6.2.4.1.2. The OWNER will be the sole judge of acceptability. No "approved equal" or substitute shall be ordered, installed, or utilized until the OWNER's review is complete, which will be evidenced by either a Change Order or completion of the Shop Drawing review procedure. The OWNER may require the CONTRACTOR to furnish at the CONTRACTOR's expense a special performance guarantee or other surety bond with respect to any"approved equal"or substitute. The OWNER shall not be responsible for any delay due to review time for any "approved equal" or substitute. 6.2.4.4 CONTRACTOR's Expense: All data to be provided by the CONTRACTOR in support of any proposed "approved equal" or substitute item will be at the CONTRACTOR's expense. 6.2.5 The CONTRACTOR agrees to assign to the OWNER any rights it may have to bring antitrust suits against its Suppliers for overcharges on materials incorporated in the Project growing out of illegal price fixing agreements. The CONTRACTOR further agrees to cooperate with the OWNER should the OWNER wish to prosecute suits against Suppliers for illegal price fixing. 6.3 Progress Schedule: Unless otherwise directed, the CONTRACTOR shall adhere to the progress schedule established in accordance with paragraph 2.6 as it may be adjusted from time to time as provided below: .1 The CONTRACTOR shall submit to Owner's Representative for acceptance proposed adjustments in the progress schedule that will not change the Contract Times or Milestones. Such adjustments will conform generally to the progress schedule then in effect. 00700 04-2020 Page 17 General Conditions .2 Proposed adjustments in the progress schedule that will change the Contract Times or Milestones shall be submitted in accordance with the requirements of Article 12. Such adjustments may only be made by a Change Order or Time Extension Request in accordance with Article 12. 6.4 Concerning Subcontractors, Suppliers and Others: 6.4.1 Assignment: The CONTRACTOR agrees to retain direct control of and give direct attention to the fulfillment of this Contract. The CONTRACTOR agrees not to, by Power of Attorney or otherwise, assign said Contract without the prior written consent of the OWNER. 6.4.2 Award of Subcontracts for Portions of the Work: The CONTRACTOR shall not employ any Subcontractor, Supplier or other person or organization, whether initially or as a substitute, against whom the OWNER may have reasonable objection. The CONTRACTOR must provide the OWNER with a list of all Subcontractors, Suppliers, or other persons or organizations it will use in the Work, and such list must be provided prior to the preconstruction conference. Should the OWNER have objections,the OWNER will communicate such objections by Written Notice. If the OWNER requires a change without good cause of any Subcontractor, person or organization previously accepted by OWNER, the Contract Amount may be increased or decreased by the difference in the cost occasioned by any such change, and an appropriate Change Order shall be issued. The CONTRACTOR shall not substitute any Subcontractor, person or organization that has been accepted by the OWNER, unless the substitute has been accepted in writing by the OWNER. No acceptance by the OWNER of any Subcontractor, Supplier or other person or organization shall constitute a waiver of any right of the OWNER to reject defective Work. 6.4.3 The CONTRACTOR shall enter into written agreements with all Subcontractors and Suppliers which specifically bind the Subcontractors or Suppliers to the applicable terms and conditions of the Contract Documents for the benefit of the OWNER and E/A. The OWNER reserves the right to specify that certain requirements shall be adhered to by all Subcontractors and Sub-subcontractors as indicated in other portions of the Contract Documents and these requirements shall be made a portion of the agreement between the CONTRACTOR and Subcontractor or Supplier. 6.4.4 The CONTRACTOR shall be fully responsible to the OWNER for all acts and omissions of the Subcontractors, Suppliers and other persons and organizations performing or furnishing any of the Work under a direct or indirect contract with the CONTRACTOR just as the CONTRACTOR is responsible for the CONTRACTOR's own acts and omissions. Nothing in the Contract Documents shall create for the benefit of any such Subcontractor, Supplier or other person or organization any contractual relationship between the OWNER and any such Subcontractor, Supplier or other person or organization, nor shall it create any obligation on the part of the OWNER or E/A to pay or to see to the payment of any amounts due any such Subcontractor, Supplier or other person or organization except as may otherwise be required by laws and regulations. 6.4.5 The CONTRACTOR shall be solely responsible for scheduling and coordinating the Work of Subcontractors, Suppliers and other persons and organizations performing or furnishing any of the Work under a direct or indirect contract with the CONTRACTOR. The CONTRACTOR shall require all Subcontractors, Suppliers and such other persons and organizations performing or furnishing any of the Work to communicate with Owner's Representative through the CONTRACTOR. 6.4.6 The divisions and sections of the Specifications and the identifications of any Drawings shall not control the CONTRACTOR in dividing or delineating the Work to be performed by any specific trade. 6.4.7 The CONTRACTOR shall pay each Subcontractor and Supplier their appropriate share of payments made to the CONTRACTOR not later than ten (10) Days after the CONTRACTOR's receipt of payment from the OWNER. 6.5 Patent Fees and Royalties: 6.5.1 The CONTRACTOR shall be responsible at all times for compliance with applicable patents or copyrights encompassing, in whole or in part, any design, device, material, or process utilized, directly or indirectly, in the performance of the Work or the formulation or presentation of its Bid. 00700 04-2020 Page 18 General Conditions 6.5.2 The CONTRACTOR shall pay all royalties and license fees and shall provide, prior to commencement of Work hereunder and at all times during the performance of same, for lawful use of any design, device, material or process covered by letters, patent or copyright by suitable legal agreement with the patentee, copyright holder, or their duly authorized representative whether or not a particular design, device, material, or process is specified by the OWNER. 6.5.3 The CONTRACTOR shall defend all suits or claims for infringement of any patent or copyright and shall indemnify and save the OWNER harmless from any and all claims, costs, losses, expenses and damages (including but not limited to attorney's fees and consultant fees), direct or indirect, arising with respect to the CONTRACTOR's process in the formulation of its bid or the performance of the Work or otherwise arising in connection therewith. The OWNER reserves the right to provide its own defense, with counsel of its own choosing, to any suit or claim of infringement of any patent or copyright in which event the CONTRACTOR shall indemnify and save harmless the OWNER from all costs and expenses of such defense as well as satisfaction of all judgments entered against the OWNER. 6.5.4 The OWNER shall have the right to stop the Work and/or terminate this Agreement at any time in the event the CONTRACTOR fails to disclose to the OWNER that the CONTRACTOR's work methodology includes the use of any infringing design, device, material or process. 6.6 Permits, Fees: Unless otherwise provided in the Supplemental General Conditions, the CONTRACTOR shall obtain and pay for all construction permits, licenses and fees required for prosecution of the Work. OWNER will obtain and pay for the following permits, licenses and/or fees, if required: .1 Site Development Permit. .2 Building Permit(s). .3 Texas Department of Transportation permit for work in State rights-of-way- .4 Railroad Utility License Agreement. 6.7 Laws and Regulations: 6.7.1 The CONTRACTOR shall give all notices and comply with all laws and regulations applicable to furnishing and performing the Work. Except where otherwise expressly required by applicable laws and regulations, neither the OWNER nor E/A shall be responsible for monitoring the CONTRACTOR's compliance with any laws and regulations. 6.7.2 The CONTRACTOR shall plan and execute its operations in compliance with all applicable Federal, State and local laws and regulations, including those concerning control and abatement of water pollution and prevention and control of air pollution. 6.7.3 If the CONTRACTOR performs any Work that it is contrary to laws or regulations, then the CONTRACTOR shall bear and shall indemnify, defend and hold OWNER harmless from all claims, costs, losses and damages arising therefrom; however, it shall not be the CONTRACTOR's primary responsibility to make certain that the Specifications and Drawings are in accordance with laws and regulations, but this does not relieve the CONTRACTOR of the CONTRACTOR's obligations under Article 3. 6.8 Taxes: 6.8.1 The CONTRACTOR shall pay all sales, consumer, use and other similar taxes required to be paid by the CONTRACTOR in accordance with the laws and regulations of the State of Texas. 00700 04-2020 Page 19 General Conditions 6.8.2 The OWNER is an exempt organization as defined by Chapter 11 of the Property Tax Code of Texas and is thereby exempt from payment of Sales Tax under Chapter 151, Limited Use Sales, Excise and Use Tax, Texas Tax Code, and Chapter 321, Texas Tax Code. 6.9 Use of Premises: 6.9.1 The CONTRACTOR shall confine construction equipment, the storage of materials and equipment and the operations of workers to the site and land and areas identified in and permitted by the Contract Documents and other land and areas permitted by laws and regulations, rights-of-way, permits and easements, and shall not unreasonably encumber the premises with construction equipment or other materials or equipment. The CONTRACTOR shall assume full responsibility for any damage to any such land or area, or to the owner or occupant thereof or of any adjacent land or areas, resulting from the performance of the Work. Should any claim be made by any such owner or occupant because of the performance of the Work, the CONTRACTOR shall promptly settle with such other party by negotiation or otherwise resolve the claim by dispute resolution proceeding or at law. The CONTRACTOR shall indemnify, defend and hold harmless the OWNER, E/A, E/A's consultants and anyone directly or indirectly employed by any of them from and against all claims, costs, losses and damages (including court costs and reasonable attorneys' fees) arising out of or resulting from any claim or action, legal or equitable, brought by any such owner or occupant against the OWNER, E/A or any other party indemnified hereunder to the extent caused by or based upon performance of the Work or failure to perform the Work. 6.9.2 During the progress of the Work and on a daily basis, the CONTRACTOR shall keep the premises free from accumulations of waste materials, rubbish and other debris resulting from the Work. At the completion of the Work, the CONTRACTOR shall remove all waste materials, rubbish and debris from and about the premises as well as all tools, appliances, construction equipment and machinery and surplus materials. The CONTRACTOR shall leave the site clean and ready for occupancy by the OWNER at Substantial Completion of the Work. The CONTRACTOR shall, at a minimum, restore to original condition all property not designated for alteration by the Contact Documents. 6.9.3 The CONTRACTOR shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall the CONTRACTOR subject any part of the Work or adjacent property to stresses or pressures that will endanger it. 6.10 Record Documents: The CONTRACTOR shall maintain in a safe place at the site, or other location acceptable to the OWNER, one (1) record copy of all Drawings, Specifications, Addenda, Change Orders, Change Directives, Field Orders and written interpretations and clarifications (issued pursuant to paragraph 9.5) in good order and annotated to show all changes made during construction. These record documents, together with all final samples and all final Shop Drawings,will be available to the OWNER and E/A for reference during performance of the Work. Upon Substantial Completion of the Work, these record documents, samples and Shop Drawings showing the final "as built" construction of the Project shall be promptly delivered to Owner's Representative. 6.11 Safety and Protection: 6.11.1 The CONTRACTOR shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work. Upon request, and prior to installation of measures, the CONTRACTOR shall submit a site security and safety plan for approval by the OWNER. By reviewing the plan or making recommendations or comments, the OWNER will not assume liability nor will the CONTRACTOR be relieved of liability for damage, injury or loss. The CONTRACTOR shall take all necessary precautions for the safety of and shall provide the necessary protection to prevent damage, injury or loss to: .1 all persons on the Work site or who may be affected by the Work; .2 all the Work and materials and equipment to be incorporated therein, whether in storage on or off the site; and 00700 04-2020 Page 20 General Conditions .3 other property at the site or adjacent thereto, including but not limited to, trees, shrubs, lawns, walks, pavements, roadways, structures, utilities and underground facilities not designated for removal, relocation or replacement in the course of construction. 6.11.2 The CONTRACTOR shall comply with all applicable laws and regulations of any public body having jurisdiction for safety of persons or property or to protect them from damage, injury or loss; and shall erect and maintain all necessary safeguards for such safety and protection. The CONTRACTOR shall notify owners of adjacent property and of underground facilities, and utility owners when prosecution of the Work may affect them, and shall cooperate with them in the protection, removal, relocation and replacement of their property. All damage, injury or loss to any property referred to in paragraph 6.11.1.2 and paragraph 6.11.1.3 caused, directly or indirectly, in whole or in part, by the CONTRACTOR, Subcontractor, Supplier or any person or organization directly or indirectly employed by any of them to perform or furnish any of the Work or anyone for whose acts any of them may be responsible, shall be remedied by the CONTRACTOR (except damage or loss attributable to the fault of Drawings or Specifications or to the acts or omissions of the OWNER, or E/A, or E/A's consultant or anyone employed by any of them or anyone for whose acts any of them may be responsible, and not attributable, directly or indirectly, in whole or in part, to the faults or negligence of the CONTRACTOR or any Subcontractor, Supplier or other person or organization directly or indirectly employed by any of them). The CONTRACTOR's duties and responsibilities for safety and protection of the Work shall continue until such time as all the Work is completed and Owner's Representative has issued a notice to the OWNER and the CONTRACTOR in accordance with Article 14 that the Work is acceptable (except as otherwise expressly provided in connection with Substantial Completion). 6.11.3 Safety Representative: The CONTRACTOR shall designate a qualified and experienced safety representative at the site whose duties and responsibilities shall be the prevention of accidents and the maintaining and supervising of safety precautions and programs. Upon request of the OWNER, the CONTRACTOR shall provide certifications or other documentation of the safety representative's qualifications. At a minimum, the safety representative shall have received the OSHA thirty (30) hour training and a certificate evidencing that the safety representative has received such training within the last five (5) years shall be provided to the OWNER's representative. 6.11.4 Hazard Communication Programs: The CONTRACTOR shall be responsible for coordinating any exchange of material safety data sheets or other hazard communication information required to be made available to or exchanged between or among employers at the site in accordance with laws and regulations. 6.11.5 Emergencies: 6.11.5.1 In emergencies affecting the safety or protection of persons or the Work at the site or adjacent thereto, the CONTRACTOR, without special instruction or authorization from the OWNER or E/A, is obligated to act reasonably to prevent threatened damage, injury or loss and to mitigate damage or loss to the Work. The CONTRACTOR shall give Owner's Representative prompt written notice if the CONTRACTOR believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby. If Owner's Representative determines that a change in the Contract Documents is required because of the action taken by the CONTRACTOR in response to such an emergency, a Change Directive or Change Order will be issued to document the consequences of such action; otherwise the OWNER will not be responsible for the CONTRACTOR's emergency action. 6.11.5.2 Authorized agents of the CONTRACTOR shall respond immediately to call-out at any time of any day or night when circumstances warrant the presence on Project site of the CONTRACTOR or its agent to protect the Work or adjacent property from damage, restriction or limitation or to take such action or measures pertaining to the Work as may be necessary to provide for the safety of the public. Should the CONTRACTOR and/or its agent fail to respond and take action to alleviate such an emergency situation, the OWNER may direct other forces to take action as necessary to remedy the emergency condition, and the OWNER will deduct any cost of such remedial action from the funds due to the CONTRACTOR under this Contract. 6.11.5.3 In the event there is an accident involving injury to any individual on or near the Work, the CONTRACTOR shall notify Owner's Representative within twenty-four (24) hours of the event and shall be responsible for recording the location of the event and the circumstances surrounding the event through 00700 04-2020 Page 21 General Conditions photographs, interviewing witnesses, obtaining medical reports and other documentation that describes the event. Copies of such documentation shall be provided to Owner's Representative, for the OWNER's and E/A's records, within forty-eight (48) hours of the event. 6.12 Continuing the Work: The CONTRACTOR shall carry on the Work and adhere to the progress schedule during all disputes or disagreements with the OWNER. No Work shall be delayed or postponed pending resolution of any disputes or disagreements, except as the OWNER and the CONTRACTOR may agree in writing. 6.13 CONTRACTOR's General Warranty and Guarantee: 6.13.1 The CONTRACTOR warrants and guarantees to the OWNER that all Work will be performed in a good and workmanlike manner in accordance with the Contract Documents and will not be defective. The CONTRACTOR's warranty and guarantee hereunder excludes defects or damage caused by: .1 abuse, modification or improper maintenance or operation by persons other than the CONTRACTOR, Subcontractors or Suppliers; or .2 normal wear and tear under normal usage. 6.13.2 The CONTRACTOR's obligation to perform and complete the Work in a good and workmanlike manner in accordance with the Contract Documents shall be absolute. None of the following will constitute acceptance of Work not in accordance with the Contract Documents or a release of the CONTRACTOR's obligation to perform the Work in accordance with the Contract Documents: .1 observations by Owner's Representative and/or E/A; .2 recommendation of any progress or final payment by Owner's Representative; .3 the issuance of a certificate of Substantial Completion or any payment by the OWNER to the CONTRACTOR under the Contract Documents; .4 use or occupancy of the Work or any part thereof by the OWNER; .5 any acceptance by the OWNER or any failure to do so; .6 any review of a Shop Drawing or sample submittal; .7 any inspection, test or approval by others; or .8 any correction of defective Work by the OWNER. .9 the failure of the OWNER, E/A or any other person or entity acting on behalf of the OWNER or E/A to observe, detect or discover any defect in the Work or any non-conformance of the Work with any requirement of the Contract Documents. CONTRACTOR hereby waives any claim or defense to any claim by the OWNER that any failure by the OWNER, E/A, or any other person or entity acting on behalf of the OWNER or E/A to observe, detect or discover any defect in the Work relieves or releases, in whole or in part, CONTRACTOR from any obligations or responsibility for the correction of such defects or any other obligation of CONTRACTOR under the Contract Documents. 6.14 Indemnification: 00700 04-2020 Page 22 General Conditions 6.14.1 TO THE FULLEST EXTENT PERMITTED BY LAW, AND IN ADDITION TO ANY OTHER OBLIGATIONS OF CONTRACTOR UNDER THE CONTRACT OR OTHERWISE, CONTRACTOR SHALL INDEMNIFY, DEFEND AND HOLD HARMLESS OWNER, ITS COUNCIL MEMBERS , EMPLOYEES, AGENTS, AND CONSULTANTS INCLUDING, BUT NOT LIMITED TO THE E/A (THE "INDEMNIFIED PARTIES" OR INDEMNIFIED PARTY", FROM AND AGAINST ALL CLAIMS, COSTS, LOSSES, AND DAMAGES (INCLUDING BUT NOT LIMITED TO ALL FEES AND CHARGES OF ENGINEERS, ARCHITECTS, ATTORNEYS, CONSULTANTS, EXPERTS AND OTHER PROFESSIONALS AND ALL COURT OR ARBITRATION OR OTHER DISPUTE RESOLUTION COSTS) ARISING OUT OF OR RELATING TO THE PERFORMANCE OF THE WORK, REGARDLESS OF WHETHER SUCH CLAIMS, COSTS, LOSSES, AND DAMAGES ARE CAUSED, IN WHOLE OR IN PARTY BY THE ACTS, ACTIONS, ERRORS OR OMISSIONS OF AN INDEMNIFIED PARTY. BECAUSE OWNER IS A MUNICIPALITY, THE TERMS AND PROVISIONS OF SUBCHAPTER C OF CHAPTER 151 OF THE TEXAS INSURANCE CODE ("CHAPTER 151") DOES NOT APPLY TO THE OWNER. IF, HOWEVER, ANY PROVISION OF CHAPTER 151 APPLIES TO THE OWNER, IT IS THE INTENT OF THE OWNER THAT IF THE PROVISIONS OF CHAPTER 151 DO APPLY, NOTHING HEREIN SHALL IMPOSE ANY REQUIREMENTS ON CONTRACTOR THAT ARE PROHIBITED BY CHAPTER 151 AND THAT ANY OF THE PROVISIONS HEREOF THAT ARE NOT PROHIBITED BY CHAPTER 151 SHALL REMAIN IN FULL FORCE AND EFFECT. ACCORDINGLY, IN THE EVENT THAT IN CONSTRUING AND INTERPRETING THE CONTRACT DOCUMENTS, A COURT OF COMPETENT JURISDICTION OR, IF APPLICABLE, AN ARBITRATOR, DETERMINES THAT CHAPTER 151 APPLIES TO THE OWNER, THEN THE COURT OR ARBITRATOR SHALL REFORM THE PROVISIONS HEREOF SO AS TO COMPLY WITH CHAPTER 151 AND SUCH REFORMATION SHALL NOT AFFECT THE VALIDITY OF ANY PROVISIONS HEREOF THAT ARE NOT PROHIBITED BY CHAPTER 151. 6.14.2 The indemnification obligation under paragraph 6.14.1 shall not be limited in any way by any limitation on the amount or type of damages, or compensation or benefits payable by or for the CONTRACTOR or any such Subcontractor, Supplier or other person or organization under workers'compensation acts, disability benefit acts or other employee benefit acts. 6.14.3 The obligations of the CONTRACTOR under paragraph 6.14.1 shall not extend to the liability of the OWNER, E/A, E/A's consultants, and their officers, directors, partners, employees or agents caused primarily by negligent preparation of maps, drawings, surveys, designs or specifications upon which is placed the applicable state-authorized design professional seal of the OWNER's, E/A's or E/A's consultant's officers, directors, partners, employees or agents. 6.14.4 In the event the CONTRACTOR fails to follow the OWNER's directives concerning use of the site, scheduling or course of construction, or engages in other conduct which proximately causes damage to property based on inverse condemnation or otherwise, then and in that event, the CONTRACTOR shall indemnify the OWNER against all costs resulting from such claims. 6.14.5 In the event the CONTRACTOR unreasonably delays progress of the work being done by others on the site so as to cause loss for which the OWNER becomes liable, then the CONTRACTOR shall reimburse the OWNER for such loss. 6.15 Survival of Obligations: All representations, indemnifications, warranties and guarantees made in, required by or given in accordance with the Contract Documents, as well as all continuing obligations indicated in the Contract Documents, will survive final payment, completion and acceptance of the Work and termination or completion of the Agreement. 6.16 Losses from Natural Causes: Unless otherwise specified, all loss or damage to the CONTRACTOR arising out of the nature of the Work to be done or from action of the elements, floods or from unforeseeable circumstances in prosecution of the Work or from 00700 04-2020 Page 23 General Conditions unusual obstructions or difficulties which may be encountered in prosecution of the Work, shall be sustained and borne by the CONTRACTOR at its own cost and expense. 6.17 Notice of Claim: Should the CONTRACTOR suffer injury or damage to person or property because of any error, omission or act of the OWNER or of any of the OWNER's employees or agents or others for whose acts the OWNER is liable, a Claim will be made to the other party within thirty (30) calendar days of the event giving rise to such injury or damage. The provisions of this paragraph 6.17 shall not be construed as a substitute for or a waiver of the provisions of any applicable statute of limitations, statute of repose, or any other provision of the Contract Documents. 6.18 Liquidated Damages: At set forth in the Agreement, paragraph 1.2,the CONTRACTOR or its Surety shall be liable for Liquidated Damages for the CONTRACTOR's failure to timely complete the Work or any portion thereof within the Contract Time. See Supplemental Conditions for amount of Liquidated Damages. ARTICLE 7 -OTHER WORK 7.1 The OWNER may perform other work related to the Project at the site by the OWNER's own forces, or let other contracts therefor, or have other work performed by utility owners. If the CONTRACTOR believes that delay or additional cost is involved because of such action by the OWNER, the CONTRACTOR may make a Claim as provided in Article 11 or Article 12. 7.2 The CONTRACTOR shall afford other contractors who are in a contract with the OWNER and each utility owner (and the OWNER, if the OWNER is performing the additional work with the OWNER's employees) proper and safe access to the site and a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such other work and shall properly connect and coordinate the Work with theirs. Unless otherwise provided in the Contract Documents, the CONTRACTOR shall do all cutting, fitting and patching of the Work that may be required to make its several parts come together properly and integrate with such other work. The CONTRACTOR shall not endanger any work of others by cutting, excavating or otherwise altering their work and will only cut or alter their work with the written consent of Owner's Representative and the other contractors whose work will be affected. The CONTRACTOR shall promptly remedy damage caused by the CONTRACTOR to completed or partially completed construction or to property of the OWNER or separate contractors. 7.3 If the proper execution or results of any part of the CONTRACTOR's Work depends upon work performed by others under this Article 7, the CONTRACTOR shall inspect such other work and promptly report to Owner's Representative in writing any delays, defects or deficiencies in such other work that render it unavailable or unsuitable for the proper execution and results of the CONTRACTOR's Work. The CONTRACTOR's failure to report will constitute an acceptance of such other work as fit and proper for integration with the CONTRACTOR's Work except for latent or non-apparent defects and deficiencies in such other work. 7.4 The OWNER shall provide for coordination of the activities of the OWNER's own forces and of each separate contractor with the Work of the CONTRACTOR, who shall cooperate with them. The CONTRACTOR shall participate with other separate contractors and Owner's Representative in reviewing their construction schedules when directed to do so. The CONTRACTOR shall make any revisions to the construction schedule deemed necessary after a joint review and mutual agreement. The construction schedules shall then constitute the schedules to be used by the CONTRACTOR, separate contractors and the OWNER until subsequently revised. 7.5 Unless otherwise stated herein, costs caused by delays or by improperly timed activities or defective construction shall be borne by the party responsible therefor. 7.6 If CONTRACTOR damages, delays, disrupts or interferes with the work of any other contractor, or any utility owner performing other work at or adjacent to the site of the Project, through CONTRACTOR's failure to take reasonable and customary measures to avoid such impacts, or if any claim arising out of CONTRACTOR's actions, 00700 04-2020 Page 24 General Conditions inactions or negligence in performance of the Work at or adjacent to the site of the Project is made by any such other contractor or utility owner against CONTRACTOR, OWNER, or E/A, then CONTRACTOR shall (1) promptly attempt to settle the claim as to all parties through negotiations with such other contractor or utility owner, or otherwise resolve the claim by arbitration or other dispute resolution proceeding or at law, and (2)INDEMNIFY AND HOLD HARMLESS THE INDEMNIFIED PARTIES, INCLUDING, BUT NOT LIMITED TO THE E/A FROM AND AGAINST ANY SUCH CLAIMS,AND AGAINST ALL COSTS, LOSSES,AND DAMAGES(INCLUDING BUT NOT LIMITED TO ALL FEES AND CHARGES OF ENGINEERS, ARCHITECTS, ATTORNEYS, AND OTHER PROFESSIONALS AND ALL COURT OR ARBITRATION OR OTHER DISPUTE RESOLUTION COSTS) ARISING OUT OF OR RELATING TO SUCH DAMAGE, DELAY, DISRUPTION, OR INTERFERENCE. ARTICLE 8 -OWNER'S RESPONSIBILITIES 8.1 Prior to the start of construction, the OWNER will designate in writing a person or entity to act as Owner's Representative during construction. Except as otherwise provided in these General Conditions, the OWNER shall issue all communications to the CONTRACTOR through Owner's Representative. 8.2 The OWNER will not supervise, direct, control or have authority over or be responsible for the CONTRACTOR's means, methods, techniques, sequences or procedures of construction or the safety precautions and programs incident thereto. The OWNER is not responsible for any failure of the CONTRACTOR to comply with laws and regulations applicable to furnishing or performing the Work. The OWNER is not responsible for the CONTRACTOR's failure to perform or furnish the Work in accordance with the Contract Documents. Failure or omission of the OWNER to discover, or object to or condemn any defective Work or material shall not release the CONTRACTOR from the obligation to properly and fully perform the Contract. 8.3 The OWNER is not responsible for the acts or omissions of the CONTRACTOR, or of any Subcontractor, any Supplier, or of any other person or organization performing or furnishing any of the Work. 8.4 Information or services under the OWNER's control shall be furnished by the OWNER with reasonable promptness to avoid delay in the orderly progress of the Work. 8.5 The foregoing are in addition to other duties and responsibilities of the OWNER enumerated herein and especially those in respect to Article 4 (Availability of Lands; Subsurface and Physical Conditions; Reference Points), Article 7 (Other Work) and Article 14 (Payments to the CONTRACTOR and Completion). 8.6 Notice of Claim: Should the OWNER suffer injury or damage to person or property because of any error, omission or act of the CONTRACTOR or of any of the CONTRACTOR's employees or agents or others for whose acts the CONTRACTOR is liable, a notice of such injury or damage will be sent to the CONTRACTOR within thirty (30) calendar days of the event giving rise to such injury or damage. The provisions of this paragraph 8.6 shall not be construed as a substitute for or a waiver of the provisions of any applicable statute of limitations or statute of repose. 8.7 The OWNER is not responsible for the CONTRACTOR's failure to perform or furnish the Work in accordance with the Contract Documents. The failure or omission of the OWNER, E/A or any other person or entity acting on behalf of the OWNER or the E/A to observe, detect, discover, or object to or condemn any defective Work or material shall not release the CONTRACTOR from CONTRACTOR's obligation to properly and fully perform the Work pursuant to the Contract Documents. The OWNER shall not be responsible for the acts, errors or omissions of the CONTRACTOR, or any Subcontractor, Supplier or any other person or entity performing or furnishing any of the Work on behalf of the CONTRACTOR. ARTICLE 9 - ENGINEER/ARCHITECT'S STATUS DURING CONSTRUCTION 9.1 E/A's Authority and Responsibilities: 9.1.1 The duties and responsibilities and the limitations of authority of E/A during construction are set forth in the Contract Documents and shall not be extended without written consent of the OWNER and E/A. The assignment 00700 04-2020 Page 25 General Conditions of any authority, duties or responsibilities to E/A under the Contract Documents, or under any agreement between the OWNER and E/A, or any undertaking, exercise or performance thereof by E/A, is intended to be for the sole and exclusive benefit of the OWNER and is not for the benefit of the CONTRACTOR, Subcontractor, Sub- subcontractor, Supplier, or any other person or organization, or for any surety or employee or agent of any of them. 9.1.2 E/A will not supervise, direct, control or have authority over or be responsible for the CONTRACTOR's means, methods, techniques, sequences or procedures of construction, or the safety precautions and programs incident thereto. E/A is not responsible for any failure of the CONTRACTOR to comply with laws and regulations applicable to the furnishing or performing the Work. E/A is not responsible for the CONTRACTOR's failure to perform or furnish the Work in accordance with the Contract Documents. Failure or omission of E/A to discover, or object to or condemn any defective Work or material shall not release the CONTRACTOR from the obligation to properly and fully perform the Work. 9.1.3 E/A is not responsible for the acts or omissions of the CONTRACTOR, or of any Subcontractor, any Supplier, or of any other person or organization performing or furnishing any of the Work. 9.1.4 If the OWNER so directs, E/A will review the final Application for Payment and accompanying documentation and all maintenance and operating instructions, schedules, guarantees, bonds and certificates of inspection,tests and approvals and other documentation required to be delivered by Article 14, but only to determine generally that their content complies with the requirements of, and in the case of certificates of inspections, tests and approvals that the results certified indicate compliance with, the Contract Documents. 9.1.5 The limitations upon authority and responsibility set forth in this paragraph 9.1 shall also apply to E/A's Consultants, Resident Project Representative and assistants. 9.2 E/A as Owner's Representative: 9.2.1 E/A may be designated as Owner's Representative under paragraph 8.1. 9.3 Visits to Site: If the OWNER so directs, E/A will make visits to the site at intervals appropriate to the various stages of construction as is necessary in order to observe as an experienced and qualified design professional the progress that has been made and the quality of the various aspects of the CONTRACTOR's executed Work. Based on information obtained during such visits and observations, E/A will endeavor for the benefit of the OWNER to determine if the Work is proceeding in accordance with the Contract Documents. E/A will not be required to make exhaustive or continuous on-site inspections to check the quality or quantity of the Work. E/A's efforts will be directed toward providing for the OWNER a greater degree of confidence that the completed Work will conform to the Contract Documents. On the basis of such visits and on-site observations, E/A will keep the OWNER informed of the progress of the Work and will endeavor to guard the OWNER against defective Work. E/A's visits and on-site observations are subject to all the limitations on E/A's authority and responsibility set forth in paragraph 9.1. 9.4 Project Representative: If the OWNER and E/A agree, E/A will furnish a Resident Project Representative to assist E/A in providing more continuous observation of the Work. The responsibilities and authority and limitations of any such Resident Project Representative and assistants will be as provided in paragraph 9.1 and in the Supplemental General Conditions. The OWNER may designate another representative or agent to represent the OWNER at the site who is not E/A, E/A's consultant, agent or employee. 9.5 Clarifications and Interpretations: E/A may determine that written clarifications or interpretations of the requirements of the Contract Documents (in the form of drawings or otherwise) are necessary. Such written clarifications or interpretations will be consistent with the intent of and reasonably inferable from the Contract Documents,will be issued with reasonable promptness by Owner's Representative and will be binding on the OWNER and the CONTRACTOR. If the OWNER or the 00700 04-2020 Page 26 General Conditions CONTRACTOR believes that a written clarification or interpretation justifies an adjustment in the Contract Amount or the Contract Times, the OWNER or the CONTRACTOR may make a Claim therefor as provided in Article 11 or Article 12. 9.6 Rejecting Defective Work: E/A may recommend that the OWNER disapprove or reject Work which E/A believes to be defective, or believes will not produce a completed Project that conforms to the Contract Documents or will prejudice the integrity of the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. ARTICLE 10 - CHANGES IN THE WORK 10.1 Changes: 10.1.1 Without invalidating the Contract and without notice to any surety, the OWNER, at any time or from time to time, may order additions, deletions or revisions in the Work. Such changes in the Work will be authorized by Change Order, Change Directive or Field Order. 10.1.2 Changes in the Work shall be performed under applicable provisions of the Contract Documents, and the CONTRACTOR shall proceed promptly, unless otherwise provided in the Change Order, Change Directive or Field Order. 10.1.3 The CONTRACTOR shall not be entitled to an increase in the Contract Amount or an extension of the Contract Times with respect to any Work performed that is not required by the Contract Documents as amended, modified and supplemented as provided in paragraph 3.3.1 and paragraph 3.3.2, except in the case of an emergency as provided in paragraph 6.11.5 or in the case of uncovering Work as provided in paragraph 13.4. 10.1.4 Except in the case of an emergency as provided in paragraph 6.11.5, a Change Order or Change Directive is required before the CONTRACTOR commences any activities associated with a change in the Work which, in the CONTRACTOR 's opinion, will result in a change in the Contract Amount and/or Contract Times. 10.1.5 If notice of any change affecting the general scope of the Work or the provisions of the Contract Documents (including, but not limited to, Contract Amount or Contract Times) is required by the provisions of any Bond to be given to a surety, the giving of any such notice will be the CONTRACTOR's responsibility, and the amount of each applicable Bond will be adjusted accordingly. 10.2 Change Orders: 10.2.1 The OWNER and the CONTRACTOR shall execute appropriate written Change Orders covering: .1 a change in the Work; .2 the amount of the adjustment in the Contract Amount, if any; and .3 the extent of the adjustment in the Contract Time, if any. 10.2.2 An executed Change Order shall represent the complete, equitable, and final amount of adjustment in the Contract Amount and/or Contract Time owed to the CONTRACTOR or the OWNER as a result of the occurrence or event causing the change in the Work encompassed by the Change Order. 10.3 Change Directives: 10.3.1 The OWNER may by written Change Directive,without invalidating the Contract, order changes in the Work within the general scope of the Contract consisting of additions, deletions or other revisions, the Contract Amount 00700 04-2020 Page 27 General Conditions and Contract Time being adjusted as necessary. A Change Directive shall be used in the absence of complete and prompt agreement on the terms of a Change Order. 10.3.2 If the Change Directive provides for an adjustment to the Contract Amount, the adjustment shall be based on the method provided for in paragraph 11.5- 10.3.3 A Change Directive shall be recorded later by preparation and execution of an appropriate Change Order. 10.3.4 Upon receipt of a Change Directive, CONTRACTOR shall promptly proceed with the change in the Work involved. 10.4 Field Order: 10.4.1 Owner's Representative may authorize minor variations in the Work from the requirements of the Contract Documents which do not involve an adjustment in the Contract Amount or the Contract Times and are compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. These shall be accomplished by written Field Order and shall be binding on the OWNER and on the CONTRACTOR who shall perform the Work involved promptly. 10.4.2 If the CONTRACTOR believes that a Field Order would require an adjustment in the Contract Amount and/or Contract Times, the CONTRACTOR shall make written request to Owner's Representative for a Change Order. Any request by the CONTRACTOR for an adjustment in Contract Amount and/or Contract Times shall be made in writing prior to beginning the work covered by the Field Order. 10.5 No Damages for Delay: Except as otherwise provided in the Contract Documents, the CONTRACTOR shall receive no compensation for delays or hindrances to the Work. If delay is caused by specific orders given by the OWNER to stop Work for reasons for which the CONTRACTOR is not responsible, or such delay is not caused by active interference in the Work by OWNER for reasons for which the CONTRACTOR is not responsible, then such delay will entitle the CONTRACTOR only to an equivalent extension of time, the CONTRACTOR's application for which shall, however, be subject to approval of the OWNER. No such extension of time shall release the CONTRACTOR or surety on its performance bond from all the CONTRACTOR's obligations hereunder which shall remain in full force until discharge of the Contract. ARTICLE 11 - CHANGE OF CONTRACT AMOUNT 11.1 The Contract Amount is stated in the Agreement and, including authorized adjustments, is the total amount payable by the OWNER to the CONTRACTOR for performance of the Work under the Contract Documents. 11.2 The original Contract Amount may not be increased by more than twenty-five percent(25%)and it may not be decreased more than twenty-five percent (25%)without the consent of the CONTRACTOR to such decrease. 11.3 The Contract Amount shall only be changed by a Change Order. Any claim for an adjustment in the Contract Amount shall be made by Written Notice delivered by the party making the Claim to the other party promptly (but in no event later than thirty(30)calendar days)after the start of the occurrence or event giving rise to the Claim and stating the general nature of the Claim. Notice of the amount of the Claim with supporting data shall be delivered within thirty (30)calendar days after Written Notice of Claim is delivered by claimant, and shall represent that the adjustment claimed covers all known amounts to which claimant is entitled as a result of said occurrence or event. If the OWNER and the CONTRACTOR cannot otherwise agree, all Claims for adjustment in the Contract Amount shall be determined as set out in Article 16. 11.4 Determination of Value of Work: 00700 04-2020 Page 28 General Conditions 11.4.1 The value of any Work covered by a Change Order or of any Claim for an adjustment in the Contract Amount will be determined by one or more of the following methods: .1 by application of unit prices contained in the Contract Documents to the quantities of the items involved. .2 by a mutually agreed lump sum properly itemized and supported by sufficient substantiating data to permit evaluation. .3 by cost of Work plus the CONTRACTOR's fee for all overhead costs and profit(determined as provided in paragraph 11.5). 11.4.2 Before using the method described in paragraph 11.4.1.3, the OWNER and the CONTRACTOR agree to negotiate a Change Order using the methods identified in paragraph 11.4.1.1 and paragraph 11.4.1.2, as appropriate, to determine the adjustment in the Contract Amount. 11.5 Cost of Work: If neither of the methods defined in paragraph 11.4.1.1 or paragraph 11.4.1.2 can be agreed upon before a change in the Work is commenced which will result in an adjustment in the Contract Amount, the OWNER may issue a Change Directive to the CONTRACTOR. If the OWNER elects to issue a Change Directive, CONTRACTOR shall perform the Changed Work and payment will be made as follows: .1 For all personnel, the CONTRACTOR will receive the rate or wage specified in the prevailing wage rates established in Section 00900 for each hour that said personnel are actually engaged in such Work, to which will be added an amount equal to twenty-five percent (25%) of the sum thereof as compensation for the CONTRACTOR's and any affected Subcontractor's total overhead and profit. No separate charge will be made by the CONTRACTOR for organization or overhead expenses. For the cost of premiums on public liability insurance, workers' compensation insurance, social security and unemployment insurance, an amount equal to fifty-five percent (55%) of the wages paid personnel, excluding the twenty-five(25%)compensation provided above,will be paid to the CONTRACTOR. The actual cost of the CONTRACTOR's bond(s) on the extra Work will be paid based on invoices from surety. No charge for superintendence will be made unless considered necessary and ordered by the OWNER. .2 The CONTRACTOR will receive the actual cost, including freight charges, of the materials used on such Work, to which costs will be added a sum equal to twenty-five percent (25%) thereof as compensation for the CONTRACTOR's and any affected Subcontractor's total overhead and profit. In case material invoices indicate a discount may be taken, the actual cost will be the invoice price minus the discount. .3 For machinery, trucks, power tools, or other similar equipment agreed to be necessary by the OWNER and the CONTRACTOR, the OWNER will allow the CONTRACTOR the rate as given in the latest edition of the Associated General Contractors of America "Contractor's Equipment Cost Guide" as published by Dataquest for each hour that said tools or equipment are in use on such work, which rate includes the cost of fuel, lubricants and repairs. No additional compensation will be allowed on the equipment for the CONTRACTOR's overhead and profit. .4 The compensation, as herein provided for, shall be received by the CONTRACTOR and any affected Subcontractor as payment in full for work done by Change Directive and will include use of small tools, and total overhead expense and profit. The CONTRACTOR and the Owner's Representative shall compare records of work done by Change Directive at the end of each day. Copies of these records will be made upon forms provided for this purpose by the OWNER and signed by both Owner's Representative and the CONTRACTOR, with one (1) copy being retained by the OWNER and one (1) by the CONTRACTOR. Refusal by the CONTRACTOR to sign these records within two (2) working days of presentation does not invalidate the accuracy of the record. 00700 04-2020 Page 29 General Conditions 11.6 Unit Price Work: 11.6.1 Where the Contract Documents provide that all or part of the Work is to be unit price Work, initially the Contract Amount will be deemed to include for all unit price work an amount equal to the sum of the established unit price for each separately identified item of unit price work times the estimated quantity of each item as indicated in the Bid. The estimated quantities of items of unit price work are not guaranteed and are solely for the purpose of comparison of Bids and determining an initial Contract Amount. Determinations of the actual quantities and classifications of unit price work performed by the CONTRACTOR will be made by Owner's Representative. Owner's Representative will review with the CONTRACTOR the preliminary determinations on such matters before rendering a written decision thereon (by recommendation of an Application for Payment or otherwise). 11.6.2 When "plan quantity" is indicated for a bid item, the CONTRACTOR shall be paid the amount specified in the Contract Documents without any measurements. 11.6.3 Each unit price will be deemed to include an amount considered by the CONTRACTOR to be adequate to cover the CONTRACTOR's overhead and profit for each separately identified item. 11.6.4 A Major Item is any individual bid item in the Bid that has a total cost equal to or greater than five percent (5%) of the original Contract Amount or $50,000, whichever is greater, computed on the basis of bid quantities and Contract unit prices. 11.6.5 The OWNER or the CONTRACTOR may make a Claim for an adjustment in the Contract Amount in accordance with Article 11 if: .1 the actual quantity of any Major Item should become as much as twenty percent (20%) more than or twenty percent (20%) less than in the Bid; or .2 The CONTRACTOR presents proper documentation contesting the accuracy of "plan quantity," and Owner's Representative verifies quantity and determines original quantity is in error by five percent (5%) or more. 11.6.6 Right to Verify Information: The CONTRACTOR agrees that any designated representative of the OWNER shall have the right to examine the CONTRACTOR's records to verify the accuracy and appropriateness of the pricing data used to price change proposals. Even after a Change Order Proposal has been approved, the CONTRACTOR agrees that if the OWNER later determines the cost and pricing data submitted was inaccurate, incomplete, not current or not in compliance with the terms of this Agreement regarding pricing of change orders, then an appropriate contract price reduction will be made. 11.6.7 Pricing Information Requirements: The CONTRACTOR agrees to provide and require all subcontractors to provide a breakdown of allowable labor and labor burden cost information as outlined herein. This information will be used to evaluate the potential cost of labor and labor burden related to change order work. It is intended that this information represent an accurate estimate of the CONTRACTOR's actual labor and labor burden cost components. This information is not intended to establish fixed billing or change order pricing labor rates. However, at the time change orders are priced the submitted cost data for labor rates may be used to price change order work. The accuracy of any such agreed-upon labor cost components used to price change orders will be subject to later audit. Approved change order amounts may be adjusted later to correct the impact of inaccurate labor cost components if the agreed-upon labor cost components are determined to be inaccurate. ARTICLE 12 -CHANGE OF CONTRACT TIMES 12.1 Working Day and Calendar Day Contracts: 12.1.1 The Contract Times (or Milestones) shall only be changed by Change Order or Time Extension Request duly executed by both the CONTRACTOR and Owner's Representative. Any claim for an adjustment of the Contract Times (or Milestones)shall be made by Written Notice delivered by the party making the Claim to the other 00700 04-2020 Page 30 General Conditions party promptly (but in no event later than thirty (30) calendar days) after the start of the occurrence or event giving rise to the delay and stating the general nature of the delay. Notice of the extent of the delay with supporting data shall be delivered within thirty (30) calendar days after Written Notice of Claim is delivered by claimant, and shall represent that the adjustment claimed is the entire adjustment to which claimant is entitled as a result of said occurrence or event. If the OWNER and the CONTRACTOR cannot otherwise agree, all Claims for adjustment in the Contract Times (or Milestones) shall be determined as set out in Article 16. No Claim for an adjustment in the Contract Times (or Milestones) will be valid if not submitted in accordance with the requirements of this paragraph. 12.1.2 When the CONTRACTOR is at fault and the OWNER stops the Work so that corrections in the Work can be made by the CONTRACTOR, then no extension in time will be allowed. 12.1.3 When the CONTRACTOR is prevented from completing any part of the Work within the Contract Times (or Milestones) due to delay for which the CONTRACTOR is not responsible, an extension of the Contract Times (or Milestones) in an amount equal to the time lost due to such delay will be considered by OWNER. Any extension of the Contract Time shall be the CONTRACTOR's sole and exclusive remedy for such delay. However, adverse weather shall not be considered justification for extension of Contract Times on Calendar Day contracts, except as provided for in paragraph 12.2. 12.1.4 The OWNER will consider time extension requests and may grant the CONTRACTOR an extension of time because of: .1 Changes ordered in the Work which justify additional time. .2 Failure of materials or products being at the Project site due to delays in transportation or failures of Suppliers, for which the CONTRACTOR, a Subcontractor or a Supplier is not responsible. The request for an extension of time shall be supported by a recitation of acts demonstrating that such delays were beyond the control of the CONTRACTOR, a Subcontractor or a Supplier including but not limited to, the CONTRACTOR's, the Subcontractor's or the Supplier's efforts to overcome such delays documented as follows: a) Copy of purchase order for delayed item(s) indicating date ordered by the CONTRACTOR/Subcontractor and date purchase order received by Supplier. b) If item(s) require Shop Drawings or other submittal information in accordance with the Contract Documents, provide record of date submittal(s) forwarded to Owner's Representative, date submittal(s) returned to the CONTRACTOR, and date submittal(s)forwarded to Supplier. c) Copy of document(s) from Supplier, on Supplier's letterhead, indicating date(s) item(s) would be ready for shipment and/or actual shipment date(s). d) Copies of all correspondence between the CONTRACTOR/ Subcontractor and Supplier indicating the CONTRACTOR/ Subcontractor's efforts to expedite item(s). e) If item(s) are being purchased by a Subcontractor, provision of meeting notes, correspondence, and the like which reflect the CONTRACTOR's efforts with the Subcontractor to expedite delivery of the item(s). .3 When acts of the OWNER, E/A, utility owners or other contractors employed by the OWNER delay progress of work through no fault of the CONTRACTOR. .4 When the CONTRACTOR is delayed by strikes, lockouts, fires, losses from natural causes, or other unavoidable cause or causes beyond the CONTRACTOR's control. 12.2 Calendar Day Contracts: 00700 04-2020 Page 31 General Conditions Under a Calendar Day Contract, the CONTRACTOR may also be granted an extension of time because of unusual inclement weather that is beyond the normal weather expected for the Williamson and Travis Counties, Texas area. Normal weather which prevents the CONTRACTOR from performing Work is expected during a Calendar Day Contract, and is not a justification for an extension of time. The following delineates the number of days per month for which, for purposes of Calendar Day Contracts, expected normal weather will prevent performance of Work: January.......................... 7 days February........................ 7 days March............................. 7 days April............................... 7 days May................................ 8 days June................................ 6 days July................................. 6 days August........................... 5 days September..................... 7 days October.......................... 7 days November..................... 7 days December...................... 7 days Days per month exceeding the number shown above may be credited as Rain Days if a Claim is made in accordance with paragraph 12.1.1 and meets the following definition: a "Rain Day" is any day in which a weather event occurs at the site and is sufficient to prevent the CONTRACTOR from performing units of Work critical to maintaining the project schedule during the entire day. ARTICLE 13 -TESTS AND INSPECTIONS; AND CORRECTION OR REMOVAL OF DEFECTIVE WORK 13.1 Notice of Defects: Prompt notice of all defective Work of which the OWNER or E/A has actual knowledge will be given to the CONTRACTOR. All defective Work may be rejected or corrected as provided for in Article 13. 13.2 Access to Work: The OWNER, E/A, E/A's Consultants, other representatives and personnel of the OWNER, independent testing laboratories and governmental agencies having jurisdiction will have unrestricted physical access to the Work site for observing, inspecting and testing. The CONTRACTOR shall provide them proper and safe conditions for such access, and advise them of the CONTRACTOR's site safety procedures and programs so that they may comply therewith as applicable. 13.3 Tests and Inspections: 13.3.1 The CONTRACTOR shall give timely notice of readiness of the Work for all required inspections, tests or approvals, and shall cooperate with inspection and testing personnel to facilitate required inspections or tests. 13.3.2 The OWNER shall employ and pay for services of an independent testing laboratory to perform all inspections, tests or approvals required by the Contract Documents except: .1 for inspections, tests or approvals covered by paragraph 13.3.3 below; .2 for reinspecting or retesting defective Work; and .3 as otherwise specifically provided in the Contract Documents. All testing laboratories shall be those selected by the OWNER. 00700 04-2020 Page 32 General Conditions 13.3.3 If laws or regulations of any public body having jurisdiction require any Work (or part thereof) specifically to be inspected, tested or approved by an employee or other representative of such public body, the CONTRACTOR shall assume full responsibility for arranging and obtaining such inspections, tests or approvals, pay all costs in connection therewith and furnish Owner's Representative the required certificates of inspection or approval. The CONTRACTOR shall also be responsible for arranging and obtaining and shall pay all costs in connection with any inspections, tests or approvals required for the OWNER's and E/A's review of materials or equipment to be incorporated in the Work, or of materials, mix designs or equipment submitted for review prior to the CONTRACTOR's purchase thereof for incorporation in the Work. 13.4 Uncovering Work: 13.4.1 If any Work (or the work of others) that is to be inspected, tested or approved is covered by the CONTRACTOR without concurrence of Owner's Representative, or if any Work is covered contrary to the written request of Owner's Representative, it must, if requested by Owner's Representative, be uncovered and recovered at the CONTRACTOR's expense. 13.4.2 If Owner's Representative considers it necessary or advisable that covered Work be observed, inspected or tested, the CONTRACTOR shall uncover, expose or otherwise make available for observation, inspection or testing that portion of the Work in question, furnishing all necessary labor, material and equipment. If it is found that such Work is defective, the CONTRACTOR shall pay all claims, costs, losses and damages caused by, arising out of or resulting from such uncovering, exposure, observation, inspection and testing and of satisfactory replacement or reconstruction (including but not limited to all costs of repair or replacement of work of others); and the OWNER shall be entitled to an appropriate decrease in the Contract Amount, and may make a Claim therefor as provided in Article 11. If, however, such Work is not found to be defective, the CONTRACTOR shall be allowed an increase in the Contract Amount or an extension of the Contract Times (or Milestones), or both, directly attributable to such uncovering, exposure, observation, inspection, testing, replacement and reconstruction; and the CONTRACTOR may make a Claim therefor as provided in Article 11 and Article 12. 13.5 OWNER May Stop the Work: 13.5.1 If the Work is defective, or the CONTRACTOR fails to supply sufficient skilled workers or suitable materials or equipment, or fails to furnish or perform the Work in such a way that the completed Work will conform to the Contract Documents, the OWNER may order the CONTRACTOR to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, this right of the OWNER to stop the Work shall not give rise to any duty on the part of the OWNER to exercise this right for the benefit of the CONTRACTOR or any surety or other party. 13.5.2 If the CONTRACTOR fails to correct defective Work or submit a satisfactory plan to take corrective action, with procedure and time schedule, the OWNER may order the CONTRACTOR to stop the Work, or any portion thereof, until cause for such order has been eliminated, or take any other action permitted by this Contract. A notice to stop the Work, based on defects, shall not stop calendar or working days charged to the Project. 00700 04-2020 Page 33 General Conditions 13.6 Correction or Removal of Defective Work: If required by the OWNER,the CONTRACTOR shall promptly,as directed, either correct all defective Work,whether or not fabricated, installed or completed, or, if the Work has been rejected by Owner's Representative, remove it from the site and replace it with Work that is not defective. The CONTRACTOR shall correct or remove and replace defective Work, or submit a plan of action detailing how the deficiency will be corrected, within the time frame identified in the notice of defective Work. The CONTRACTOR shall pay all claims, costs, losses and damages caused by or resulting from such correction or removal (including but not limited to all costs of repair or replacement of work of others), including but not limited to all consultant, engineering, expert and attorney's fees incurred by the OWNER as a result of such defective work or as necessary for OWNER to investigate such defective Work and/or to determine the appropriate means or methods to address or correct such defective Work. The OWNER shall have the right, in OWNER's sole discretion, to have the E/A or other consultant specify the means and methods that will be followed to correct or address any defective Work. If the OWNER specifies a means or method by which the defective Work will be addressed or corrected, the CONTRACTOR shall perform the specified work necessary to address or correct the defective Work at CONTRACTOR's sole cost and expense. 13.7 Warranty period: 13.7.1 If, at any time after the date of Substantial Completion or such longer period of time as may be prescribed by laws or regulations or by the terms of any applicable special guarantee required by the Contract Documents or by any specific provision of the Contract Documents, any Work is found to be defective, the CONTRACTOR shall promptly, without cost to the OWNER and in accordance with the OWNER's written instructions: (i) correct such defective Work, or, if it has been rejected by the OWNER, remove it from the site and replace it with Work that is not defective, and (ii) satisfactorily correct or remove and replace any damage to other Work or the work of others resulting therefrom. If the CONTRACTOR does not promptly comply with the terms of such instructions, or in an emergency where delay would cause serious risk of loss or damage, the OWNER may have the defective Work corrected or the rejected Work removed and replaced, and all claims, costs, losses and damages caused by or resulting from such removal and replacement (including but not limited to all costs of repair or replacement of work of others and all consultant, expert and attorney's fees incurred by OWNER) will be paid by the CONTRACTOR. 13.7.2 In special circumstances where a particular item of equipment is placed in continuous service before Substantial Completion of all the Work, the warranty period for that item may start to run from an earlier date if so provided in the Contract Documents and agreed to by OWNER. 13.8 OWNER May Correct Defective Work: If the CONTRACTOR fails within a reasonable time after Written Notice of the OWNER to correct defective Work, or to remove and replace rejected Work, or if the CONTRACTOR fails to perform the Work in accordance with the Contract Documents, or if the CONTRACTOR fails to comply with any other provision of the Contract Documents, the OWNER may, after seven (7) calendar days' Written Notice to the CONTRACTOR, correct and remedy any such deficiency. If, in the opinion of Owner's Representative, significant progress has not been made during this seven (7)calendar day period to correct the deficiency, the OWNER may exercise any actions necessary to remedy the deficiency. In exercising the rights and remedies under this paragraph,the OWNER shall proceed expeditiously. In connection with such corrective and remedial action, the OWNER may exclude the CONTRACTOR from all or part of the site, take possession of all or part of the Work, and suspend the CONTRACTOR's services related thereto, and incorporate in the Work all materials and equipment stored at the site or for which the OWNER has paid the CONTRACTOR but which are stored elsewhere. The CONTRACTOR shall allow the OWNER, its agents and employees,the OWNER's other contractors, E/A and E/A's consultants access to the site to enable the OWNER to exercise the rights and remedies under this paragraph. All claims, costs, losses and damages incurred or sustained by the OWNER in exercising such rights and remedies will be charged against the CONTRACTOR and a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the 00700 04-2020 Page 34 General Conditions Work. Such claims, costs, losses and damages will include but not be limited to all costs of repair or replacement of work of others destroyed or damaged by correction, removal or replacement of the CONTRACTOR's defective Work and any and all consultant, expert and attorneys fees incurred by OWNER as a result of OWNER's correction of defective WORK. The CONTRACTOR shall not be allowed an extension of the Contract Times (or Milestones), or claims of damage because of any delay in the performance of the Work attributable to the exercise by the OWNER of the OWNER's rights and remedies hereunder. 13.9 ACCEPTANCE OF DEFECTIVE WORK If, instead of requiring correction or removal and replacement of defective Work, OWNER prefers to accept it, OWNER may do so. CONTRACTOR shall pay all claims, costs, losses, and damages attributable to OWNER's evaluation of and determination to accept such defective Work, including but not limited to any expert, engineering or other consultant's fees incurred by the OWNER to investigate such defective Work and/or to determine the appropriate means or methods and work necessary to allow OWNER to accept the defective Work and CONTRACTOR shall pay for all work required to be performed to allow OWNER to accept the defective Work and any estimated costs, expenses and damages OWNER may sustain in the future as a result of accepting the defective Work, including any diminution in value of the Project as a result of accepting the defective Work. If any such acceptance occurs prior to final payment, the necessary revisions in the Contract Documents with respect to the Work shall be incorporated in a Change Order. If the parties are unable to agree as to the decrease in the Contract Price, then OWNER may impose a reasonable set-off against payments due under the Contract Documents. If the acceptance of defective Work occurs after final payment, CONTRACTOR shall pay to OWNER the above described costs, expenses and damages incurred by OWNER as a result of OWNER's acceptance of defective Work. ARTICLE 14 - PAYMENTS TO CONTRACTOR AND COMPLETION 14.1 Application for Progress Payment: 14.1.1 Not more than once per month, the CONTRACTOR shall submit to Owner's Representative for review an Application for Payment, in a form acceptable to the OWNER, filled out and signed by the CONTRACTOR covering the Work completed as of the date of the Application and accompanied by such supporting documentation as is required by the Contract Documents or as required by OWNER. 14.1.2 Such applications shall not include requests for payment on account of changes in the Work which have been properly authorized by Change Directives but not yet included in Change Orders. 14.1.3 Such applications shall not include requests for payment of amounts the CONTRACTOR does not intend to pay to a Subcontractor or Supplier because of a dispute or other reason. 14.1.4 Owner will not pay for materials or equipment not incorporated in the Work but delivered and suitably stored at the site or at another location. Payment will be made by Owner only for Work completed in accordance with the Contract Documents. 14.1.5 Where the original Contract Amount is less than $400,000, the OWNER will pay to the CONTRACTOR the total amount of approved Application for Payment, less ten percent (10%) of the amount thereof, which ten percent (10%)will be retained until final payment, less all previous payments and less all sums that may be retained by the OWNER under the terms of this Agreement. Where the original Contract Amount is$400,000 or more, the OWNER will pay to the CONTRACTOR the total amount of approved Application for Payment, less five percent (5%) of the amount thereof, which five percent (5%)will be retained until final payment, less all previous payments and less all sums that may be retained by the OWNER under the terms of this Agreement. In either case, if the Work is near completion and delay occurs due to no fault or neglect of the CONTRACTOR, the OWNER may pay a portion of the retained amount to the CONTRACTOR. The CONTRACTOR, at the OWNER's option, may be relieved of the obligation to complete the Work and, thereupon, the CONTRACTOR shall receive payment of the balance due under the Contract subject to the conditions stated under paragraph 15.2. 00700 04-2020 Page 35 General Conditions 14.1.6 Applications for Payment shall include the following documentation: .1 updated progress schedule; .2 monthly subcontractor report; and .3 any other documentation required under the Supplemental General Conditions. 14.2 CONTRACTOR's Warranty of Title: The CONTRACTOR warrants and guarantees that title to all Work, materials and equipment covered by any Application for Payment, whether incorporated in the Project or not, will pass to the OWNER not later than the time of payment to the CONTRACTOR free and clear of all liens. 14.3 Review of Applications for Progress Payment: 14.3.1 Owner's Representative will, within seven (7) calendar days after receipt of each Application for Payment, either indicate a recommendation for payment and forward the Application for processing by the OWNER, or return the Application to the CONTRACTOR indicating Owner's Representative's reasons for refusing to recommend payment. In the latter case, the CONTRACTOR may make the necessary corrections and resubmit the Application. 14.3.2 Owner's Representative's recommendation of any payment requested in an Application for Payment will constitute a representation by Owner's Representative, based upon Owner's Representative's on-site observations of the executed Work and on Owner's Representative's review of the Application for Payment and the accompanying data and schedules, that to the best of Owner's Representative's knowledge, information and belief: .1 the Work has progressed to the point indicated; and .2 the quality of the Work is in accordance with the Contract Documents (subject to an evaluation of the Work as a functioning whole prior to or upon Substantial Completion, to the results of any subsequent tests called for in the Contract Documents, to a final determination of quantities and classifications for unit price Work, and to any other qualifications stated in the recommendation). 14.3.3 By recommending any such payment, Owner's Representative will not thereby be deemed to have represented that: .1 inspections have been made to check the quality or the quantity of the Work or that the Work has been performed in accordance with the Contract Documents; .2 examination has been made to ascertain how or for what purpose the CONTRACTOR has used money previously paid on account of the Contract Amount,- .3 mount;.3 the CONTRACTOR's construction means, methods, techniques, sequences or procedures have been reviewed; or .4 that there may not be other matters or issues between the parties that might entitle the CONTRACTOR to be paid additionally by the OWNER or entitle the OWNER to withhold payment to the CONTRACTOR. 14.4 Decisions to Withhold Payment: 14.4.1 The OWNER may withhold or nullify the whole or part of any payment to such extent as may be necessary on account of: .1 defective Work not remedied; 00700 04-2020 Page 36 General Conditions .2 reasonable evidence that the Work cannot be completed for the unpaid balance of the Contract Amount; .3 damage to the OWNER or another contractor; .4 reasonable evidence that the Work will not be completed within the Contract Time, and that the unpaid balance would not be adequate to cover actual or liquidated damages for the anticipated delay; .5 failure of the CONTRACTOR to submit a schedule of values in accordance with the Contract Documents; .6 failure of the CONTRACTOR to submit a submittal schedule in accordance with the Contract Documents; .7 failure of the CONTRACTOR to submit or update construction schedules in accordance with the Contract Documents; .8 failure of the CONTRACTOR to maintain a record of changes on drawings and documents; .9 failure of the CONTRACTOR to maintain weekly payroll reports; .10 failure of the CONTRACTOR to submit monthly subcontractor reports; .11 the CONTRACTOR's neglect or unsatisfactory prosecution of the Work, including failure to clean up; or .12 failure of the CONTRACTOR to comply with any provision of the Contract Documents. .13 OWNER's disagreement with the recommendation of the Owner's Representative, provided the OWNER has provided a Written Notice to the CONTRACTOR specifying the reasons why OWNER does not agree with such recommendation. 14.4.2 When the above reasons for withholding payment are removed, the CONTRACTOR shall resubmit a statement for the value of Work performed. Payment will be made within thirty (30) calendar days of receipt of approved Application for Payment. 14.5 Delayed Payments: Should the OWNER fail to make payment to the CONTRACTOR of a sum named in any Application for Payment with which OWNER agrees and has approved for payment within thirty (30) calendar days after the day on which the OWNER received the mutually acceptable Application for Payment, then the OWNER will pay to the CONTRACTOR, in addition to the sum shown as due by such Application for Payment, interest thereon at the rate of one percent (1%) per month from date due until fully paid, which shall fully liquidate any injury to the CONTRACTOR growing out of such delay in payment. 14.6 Arrears: No money shall be paid by the OWNER upon any claim, debt, demand or account whatsoever, to any person, firm or corporation who is in arrears to the OWNER; and the OWNER shall be entitled to counterclaim and offset against any such debt, claim, demand or account so in arrears and no assignment or transfer of such debt, claim, demand or account, shall affect the right of the OWNER to so offset said amounts, and associated penalties and interest if applicable, against the same. 00700 04-2020 Page 37 General Conditions 14.7 Substantial Completion: 14.7.1 If a Certificate of Occupancy is required by public authorities having jurisdiction over the Work, said certificate shall be issued before the Work or any portion thereof is considered substantially complete. When the CONTRACTOR considers that the Work, or a portion thereof which the OWNER agrees to accept separately, is substantially complete, the CONTRACTOR shall notify Owner's Representative and request a determination as to whether the Work or designated portion thereof is substantially complete. If Owner's Representative does not consider the Work substantially complete, Owner's Representative will notify the CONTRACTOR giving reasons therefor. Failure on the OWNER's part to list a reason does not alter the responsibility of the CONTRACTOR to complete all Work in accordance with the Contract Documents. After satisfactorily completing items identified by Owner's Representative, the CONTRACTOR shall then submit another request for Owner's Representative to determine substantial completion. If Owner's Representative considers the Work substantially complete, Owner's Representative will prepare and deliver a certificate of Substantial Completion which shall establish the date of Substantial Completion, shall include a punch list of items to be completed or corrected before final payment, shall establish the time within which the CONTRACTOR shall finish the punch list, and shall establish responsibilities of the OWNER and the CONTRACTOR for security, maintenance, heat, utilities, damage to the Work, warranty and insurance. Failure to include an item on the punch list does not alter the responsibility of the CONTRACTOR to complete all Work in accordance with the Contract Documents. The certificate of Substantial Completion shall be signed by the OWNER and the CONTRACTOR to evidence acceptance of the responsibilities assigned to them in such certificate. 14.7.2 The OWNER shall have the right to exclude the CONTRACTOR from the Work after the date of Substantial Completion, but the OWNER will allow the CONTRACTOR reasonable access to complete or correct items on the punch list. 14.8 Partial Utilization: The OWNER, at the OWNER's sole option, shall have the right to take possession of and use any completed or partially completed portion of the Work regardless of the time for completing the entire Work. The OWNER's exercise of such use and possession shall not be construed to mean that the OWNER acknowledges that any part of the Work so possessed and used is substantially complete or that it is accepted by OWNER, and the OWNER's exercise of such use and possession shall not relieve the CONTRACTOR of its responsibility to complete all Work in accordance with the Contract Documents. 14.9 Final Inspection:, Upon Written Notice from the CONTRACTOR that the entire Work or an agreed portion thereof is complete,Owner's Representative will make a final inspection with the CONTRACTOR and provide Written Notice of all particulars in which this inspection reveals that the Work is incomplete or defective. The CONTRACTOR shall immediately take such measures as are necessary to complete such Work or remedy such deficiencies. 14.10 Final Application for Payment: The CONTRACTOR may make application for final payment following the procedure for progress payments after the CONTRACTOR has completed all such corrections to the satisfaction of Owner's Representative and delivered the following documents: .1 Three (3)complete operating and maintenance manuals, each containing maintenance and operating instructions, schedules, guarantees, and other documentation required by the Contract Documents; .2 Record documents (as provided in paragraph 6.10); .3 Consent of surety, if any, to final payment. If surety is not provided, complete and legally effective releases or waivers (satisfactory to the OWNER) of all claims arising out of or filed in connection with the Work; 00700 04-2020 Page 38 General Conditions .4 Certificate evidencing that insurance required by the Supplemental General Conditions will remain in force after final payment and through any warranty period; .5 Non-Use of Asbestos Affidavit (After Construction); and .6 Any other documentation called for in the Contract Documents. 14.11 Final Payment and Acceptance: 14.11.1 If, on the basis of observation of the Work during construction, final inspection, and review of the final Application for Payment and accompanying documentation as required by the Contract Documents, Owner's Representative is satisfied that the Work has been completed and the CONTRACTOR's other obligations under the Contract Documents have been fulfilled, Owner's Representative will recommend the final Application for Payment and thereby notify the OWNER. If the OWNER agrees with the recommendation of the Owner's Representative, the OWNER will pay to the CONTRACTOR the balance due the CONTRACTOR under the terms of the Contract. 14.11.2 As Contract Time is measured to Final Completion, Owner's Representative will issue a letter of final acceptance to the CONTRACTOR which establishes the Final Completion date and initiates any warranty period. 14.11.3 Final payment is considered to have taken place when the CONTRACTOR or any of its representatives negotiates the OWNER's final payment check, whether labeled final or not, for cash or deposits check in any financial institution for its monetary return. 14.12 Waiver of Claims: The making and acceptance of final payment will constitute: .1 a waiver of claims by the OWNER against the CONTRACTOR, except claims arising from unsettled claims, from defective Work appearing after final inspection, from failure to comply with the Contract Documents or the terms of any warranty specified therein, or from the CONTRACTOR's continuing obligations under the Contract Documents; and .2 a waiver of all claims by the CONTRACTOR against the OWNER other than those previously made in writing and still unsettled. ARTICLE 15 - SUSPENSION OF WORK AND TERMINATION 15.1 OWNER May Suspend Work Without Cause and for Convenience: At any time and without cause and for convenience, the OWNER may suspend the Work or any portion thereof for a period of not more than ninety(90)calendar days by written agreement or by Written Notice to the CONTRACTOR which will fix the date on which the Work will be resumed. The CONTRACTOR shall resume the Work on the date so fixed. The CONTRACTOR may be allowed an adjustment in the Contract Amount or an extension of the Contract Times, or both,directly attributable to any such suspension if the CONTRACTOR makes an approved Claim therefor as provided in Article 11 and Article 12. 15.2 OWNER May Terminate Without Cause: Upon seven (7) calendar days' Written Notice to the CONTRACTOR, the OWNER may, without cause and without prejudice to any right or remedy of the OWNER, elect to terminate the Agreement. In such case, the CONTRACTOR shall be paid (without duplication of any items): .1 for completed and acceptable Work executed in accordance with the Contract Documents prior to the effective date of termination; 00700 04-2020 Page 39 General Conditions .2 for all claims incurred in settlement of terminated contracts with Suppliers, Subcontractors, and others. The CONTRACTOR agrees to negotiate in good faith with Subcontractors, Suppliers and others to mitigate the OWNER's cost CONTRACTOR shall include in any subcontract or purchase order language that provides that if the Agreement is terminated without cause, the Subcontractor and Suppliers will only be paid for work performed or materials and equipment supplied and shall not have any other claims against CONTRACTOR or OWNER; CONTRACTOR shall not be paid for any profit or overhead for Work not completed. 15.3 OWNER May Terminate With Cause: 15.3.1 Upon the occurrence of any one or more of the following events: .1 if the CONTRACTOR persistently fails to perform the Work in accordance with the Contract Documents; .2 if the CONTRACTOR disregards laws or regulations of any public body having jurisdiction; .3 if the CONTRACTOR disregards the authority of Owner's Representative; .4 if the CONTRACTOR makes fraudulent statements; .5 if the CONTRACTOR fails to maintain a work force adequate to accomplish the Work within the Contract Time; .6 if the CONTRACTOR fails to make adequate progress and endangers successful completion of the Contract; or .7 if the CONTRACTOR otherwise violates any provisions of the Contract Documents; The OWNER may, after giving the CONTRACTOR(and the surety, if any)seven (7)calendar days'Written Notice terminate the services of the CONTRACTOR. The OWNER, at its option, may proceed with negotiation with surety for completion of the Work. Alternatively,the OWNER may under these circumstances exclude the CONTRACTOR from the site and take possession of the Work (without liability to the CONTRACTOR for trespass or conversion), incorporate in the Work all materials and equipment stored at the site or for which the OWNER has paid the CONTRACTOR but which are stored elsewhere, and finish the Work as the OWNER may deem expedient. In such case the CONTRACTOR shall not be entitled to receive any further payment until the Work is finished. If the unpaid balance of the Contract Amount exceeds all claims, costs, losses and damages sustained by the OWNER arising out of or resulting from completing the Work, such excess will be paid to the CONTRACTOR. If such claims, costs, losses and damage exceed such unpaid balance, the CONTRACTOR or surety shall pay the difference to the OWNER. 15.3.2 Where the CONTRACTOR's services have been so terminated by the OWNER, the termination will not affect any rights or remedies of the OWNER against the CONTRACTOR and surety then existing or which may thereafter accrue. Any retention or payment of amounts due the CONTRACTOR by the OWNER will not release the CONTRACTOR from liability. In the event the OWNER terminates the Contract with cause, the OWNER may reject any and all bids submitted by the CONTRACTOR for up to three (3)years. 00700 04-2020 Page 40 General Conditions 15.4 CONTRACTOR May Stop Work or Terminate: If through no act or fault of the CONTRACTOR,the Work is suspended for a period of more than ninety(90)calendar days by the OWNER or under an order of court or other public authority, or (except during disputes) Owner's Representative fails to forward for processing any mutually acceptable Application for Payment within thirty (30) calendar days after it is submitted, or(except during disputes) the OWNER fails for sixty (60)calendar days after it is submitted to pay the CONTRACTOR any sum finally determined by the OWNER to be due, then the CONTRACTOR may, upon seven (7)calendar days'Written Notice to the OWNER, and provided the OWNER does not remedy such suspension or failure within that time, terminate the Agreement and recover from the OWNER payment on the same terms as provided in paragraph 15.2. In lieu of terminating the Agreement and without prejudice to any other right or remedy, if(except during disputes) Owner's Representative has failed to forward for processing any mutually acceptable Application for Payment within thirty (30)calendar days after it is submitted, or (except during disputes) the OWNER has failed for sixty (60) calendar days after it is submitted to pay the CONTRACTOR any sum finally determined by the OWNER to be due, the CONTRACTOR may upon seven (7) calendar days' Written Notice to the OWNER stop the Work until payment of all such amounts due the CONTRACTOR, including interest thereon. The provisions of this paragraph 15.4 are not intended to preclude the CONTRACTOR from making a Claim under Article 11 and Article 12 for an increase in Contract Amount or Contract Times or otherwise for expenses or damage directly attributable to the CONTRACTOR's stopping Work as permitted by this paragraph. ARTICLE 16 - DISPUTE RESOLUTION 16.1 Filing of Claims: 16.1.1 Claims arising from the circumstances identified in paragraphs 3.2, 4.1, 4.2.2, 4.2.4, 6.4.2, 6.11.5.2, 6.17, 7.5, 8.6, 9.5, 10.4.2, 13.8, 15.1, 15.2, 15.3, or 15.4, or other occurrences or events, shall be made by Written Notice delivered by the party making the Claim to the other party within thirty (30) calendar days after the start of the occurrence or event giving rise to the Claim and stating the general nature of the Claim. Notice of the amount of the Claim with supporting data shall be delivered within thirty (30) calendar days after Written Notice of Claim is delivered by claimant and shall represent that the adjustment claimed covers all known amounts to which claimant is entitled. 16.1.2 Within thirty(30)calendar days of receipt of notice of the amount of the Claim with supporting data, Owner's Representative and the CONTRACTOR shall meet to discuss the Claim, after which an offer of settlement or notification of no settlement offer will be made to claimant. If claimant is not satisfied with the proposal presented, claimant shall have thirty (30) calendar days in which to: .1 submit additional supporting data requested by the other party; .2 modify the initial Claim; or .3 request Alternative Dispute Resolution. 16.2 Alternative Dispute Resolution: 16.2.1 If a dispute exists concerning a Claim, the parties agree to use the following procedure prior to pursuing any other available remedies. The OWNER reserves the right to include E/A as a party. 16.2.2 Negotiating with Previously Uninvolved Personnel: Either party may make a written request for a meeting to be held between representatives of each party within fourteen (14) calendar days of the request or such later period that the parties may agree to. Each party shall endeavor to include, at a minimum, one (1) previously uninvolved senior level decision maker empowered to negotiate on behalf of their organization. The purpose of this and subsequent meetings will be good faith negotiations of the matters constituting the dispute. Negotiations shall be concluded within thirty (30)calendar days of the first meeting, unless mutually agreed otherwise. This step may 00700 04-2020 Page 41 General Conditions be waived by written agreement of both parties, in which event the parties may proceed directly to mediation as described below. 16.2.3 Mediation: 16.2.3.1 If the procedure described in paragraph 16.2.2 proves unsuccessful or is waived pursuant to its terms, the parties shall initiate the mediation process. The parties agree to select within thirty (30)calendar days one (1) mediator trained in mediation skills, to assist with resolution of the dispute. The OWNER and the CONTRACTOR agree to act in good faith in the selection of the mediator and to give consideration to qualified individuals nominated to act as mediator. Nothing in this agreement prevents the parties from relying on the skills of a person who also is trained in the subject matter of the dispute and/or a contract interpretation expert. 16.2.3.2 Mediation is a forum in which an impartial person, the mediator, facilitates communication between parties to promote reconciliation, settlement, or understanding among them. The parties hereby agree that mediation, at a minimum, shall provide for 1)conducting an on-site investigation, if appropriate, by the mediator for fact-gathering purposes, 2) a meeting of all parties for the exchange of points of view and 3) separate meetings between the mediator and each party to the dispute for the formulation of resolution alternatives. The parties agree to participate in mediation in good faith for up to thirty(30)calendar days from the date of the first mediation session, unless mutually agreed otherwise. Should the parties fail to reach a resolution of the dispute through mediation, then each party is released to pursue other remedies available to them. ARTICLE 17—RIGHT TO AUDIT 17.1 Right to Audit: Whenever the OWNER enters into any type of contractual arrangement with the CONTRACTOR, then the CONTRACTOR's "records" shall upon reasonable notice be open to inspection and subject to audit and/or reproduction during normal business working hours. The OWNER's representative, or an outside representative engaged by the OWNER, may perform such audits. The CONTRACTOR shall maintain all records relating to this Agreement for four (4) years from the date of final payment under this Agreement, or until pending litigation has been completely and fully resolved, whichever occurs later. 17.1.1 The OWNER shall have the exclusive right to examine the records of the CONTRACTOR. The term "records"as referred to herein shall include any and all information, materials and data of every kind and character, including without limitation records, books, papers, documents, contracts, schedules, commitments, arrangements, notes, daily diaries, reports, drawings, receipts, vouchers and memoranda, and any and all other agreements, sources of information and matters that may, in the OWNER's judgment, have any bearing on or pertain to any matters, rights, duties or obligations under or covered by any contract document. Such records shall include (hard copy, as well as computer-readable data if it can be made available), written policies and procedures, time sheets, payroll registers, cancelled checks, personnel file data, correspondence, general ledger entries, and any other record in the CONTRACTOR's possession which may have a bearing on matters of interest to the OWNER in connection with the CONTRACTOR's dealings with the OWNER (all of the foregoing are hereinafter referred to as "records"). In addition,the CONTRACTOR shall permit interviews of employees as well as agents, representatives, vendors, subcontractors and other third parties paid by the CONTRACTOR to the extent necessary to adequately permit evaluation and verification of the following: a) The CONTRACTOR's compliance with contract requirements; b) The CONTRACTOR's compliance with the OWNER'S business ethics policies; and c) If necessary, the extent of the Work performed by the CONTRACTOR at the time of contract termination. 17.1.2 The CONTRACTOR shall require all payees(examples of payees include subcontractors, insurance agents, material suppliers, etc.) to comply with the provisions of this Article 17 by securing the requirements hereof in a 00700 04-2020 Page 42 General Conditions written agreement between the CONTRACTOR and payee. Such requirements include a flow-down right of audit provision in contracts with payees that also apply to subcontractors and sub-subcontractors, material suppliers, etc. The CONTRACTOR shall cooperate fully and shall require Related Parties and all of the CONTRACTOR's subcontractors to cooperate fully in furnishing or in making available to the OWNER from time to time whenever requested, in an expeditious manner, any and all such information, materials, and data. 17.1.3 The OWNER's authorized representative or designee shall have reasonable access to the CONTRACTOR's facilities, shall be allowed to interview all current or former employees to discuss matters pertinent to the performance of this Agreement, and shall be provided adequate and appropriate work space in order to conduct audits in compliance with this Article 17. 17.1.4 If an audit inspection or examination in accordance with this Article 17 discloses overpricing or overcharges of any nature by the CONTRACTOR to the OWNER in excess of one-half of one percent (.5%)of the total contract billings, then the reasonable actual cost of the OWNER's audit shall be reimbursed to the OWNER by the CONTRACTOR. Any adjustments and/or payments,which must be made as a result of any such audit or inspection of the CONTRACTOR's invoices and/or records, shall be made within a reasonable amount of time (not to exceed 90 days)from presentation of the OWNER's findings to the CONTRACTOR. 17.1.5 The CONTRACTOR shall take reasonable actions to prevent any actions or conditions which could result in a conflict with the OWNER's best interests. These obligations shall apply to the activities of the CONTRACTOR's employees, agents, subcontractors, etc. in their dealings and relations with the OWNER's current and former employees and their relatives. For example, the CONTRACTOR's employees, agents or subcontractors should not make or provide to be made any employment, gifts, extravagant entertainment, payments, loans or other considerations to the OWNER's representatives, employees or their relatives. 17.1.6 It is also understood and agreed by the CONTRACTOR that any solicitation of gifts or any other item of value by anyone representing the OWNER is to be reported within two (2) business working days to the OWNER at the following telephone number: 512-218-5401. Failure to report any such solicitations or offers shall be deemed a material breach of contract entitling the OWNER to pursue damages resulting from the failure to comply with this provision. ARTICLE 18—MISCELLANEOUS 18.1 Venue: In the event of any suit at law or in equity involving the Contract, venue shall be in Williamson County, Texas and the laws of the state of Texas shall apply to Contract interpretation and enforcement. 18.2 Extent of Agreement: This Contract represents the entire and integrated agreement between the OWNER and the CONTRACTOR and supersedes all prior negotiations, representations or agreements, either written or oral. 18.3 Cumulative Remedies: The rights and remedies available to the parties are not to be construed in any way as a limitation of any rights and remedies available to any or all of them which are otherwise imposed or available by laws or regulations, by special warranty or guarantees or by other provisions of the Contract Documents, and the provisions of this paragraph will be as effective as if repeated specifically in the Contract Documents in connection with each particular duty, obligation, right and remedy to which they apply. 00700 04-2020 Page 43 General Conditions 18.4 Severability: If any word, phrase, clause, sentence or provision of the Contract, or the application of same to any person or set of circumstances is for any reason held to be unconstitutional, invalid or unenforceable,that finding shall only effect such word, phrase, clause, sentence or provision, and such finding shall not effect the remaining portions of this Contract; this being the intent of the parties in entering into the Contract; and all provisions of the Contract are declared to be severable for this purpose. 18.5 Independent Contractor The Contract shall not be construed as creating an employer/employee relationship,a partnership,or a joint venture. The CONTRACTOR's services shall be those of an independent contractor. The CONTRACTOR agrees and understands that the Contract does not grant any rights or privileges established for employees of the OWNER. 18.6 Prohibition of Gratuities The OWNER may, by Written Notice to the CONTRACTOR, terminate the Contract without liability if is determined by the OWNER that gratuities were offered or given by the CONTRACTOR or any agent or representative of the CONTRACTOR to any officer or employee of the OWNER with a view toward securing the Contract or securing favorable treatment with respect to the awarding or amending or the making of any determinations with respect to the performing of such Contract. In the event the Contract is terminated by the OWNER pursuant to this provision, the OWNER shall be entitled, in addition to any other rights and remedies, to recover or withhold the amount of the cost incurred by the CONTRACTOR in providing such gratuities. 18.7 Prohibition Against Personal Interest in Contracts No officer,employee, independent consultant, or elected official of the OWNER who is involved in the development, evaluation, or decision-making process of the performance of any solicitation shall have a financial interest, direct or indirect, in the Contract resulting from that solicitation. Any violation of this provision, with the knowledge, expressed or implied, of the CONTRACTOR shall render the Contract voidable by the OWNER. End of General Conditions 00700 04-2020 Page 44 General Conditions 00800 SUPPLEMENTAL GENERAL CONDITIONS City of Round Rock Contract Forms Supplemental General Conditions Section 00800 SUPPLEMENTAL GENERAL CONDITIONS TO AGREEMENT FOR CONSTRUCTION SERVICES The Supplemental General Conditions contained herein shall amend or supplement the General Conditions, Section 00700. ARTICLE 1 - DEFINITIONS 1.16 Engineer/Architect (E/A): Add the following: Name (Representative): Patricia Hunt Firm: McKinney York Architects Address: 1301 E 7th St City, State, Zip: Austin,TX 78702 Telephone: 512-852-0283 Facsimile: Email: phunt@mckinneyyork.com 1.27 Owner's Representative: Add the following: Name: Hayden Schiller Title: Project Manager Address: 212 Commerce Blvd City, State, Zip: Round Rock,TX 78664 Telephone: 7373296596 Facsimile: Email: Pschiller@roundrocktexas.gov ARTICLE 6 -CONTRACTOR'S RESPONSIBILITIES 6.18 Liquidated Damages Add the following: 1. CONTRACTOR SHALL PAY LIQUIDATED DAMAGES IN THE AMOUNT OF One Thousand AND NO/100 DOLLARS $1.000.00 PER DAY FOR EACH DAY BEYOND THE DATE ESTABLISHED THEREFOR THAT THE CONTRACTOR FAILS TO ACHIEVE SUBSTANTIAL COMPLETION, AND FOR WHICH OWNER IS UNABLE TO UTILIZE THE IMPROVEMENTS AND FACILITIES DUE TO THE FAILURE OF CONTRACTOR TO HAVE ACHIEVED SUBSTANTIAL COMPLETION IN ACCORDANCE WITH THE CONTRACT. END OF SUPPLEMENTAL GENERAL CONDITIONS Page 1 00800 10-2015 Supplemental General Conditions 00090669 SECTION 01-INFORMATION 01-01 COPIES OF PLANS AND SPECIFICATIONS FURNISHED The Agreement will be prepared in not less than two (2) (original signed) sets. The OWNER will furnish to the CONTRACTOR one (1) copy of conforming Contract Documents and Specifications unless otherwise requested. 01-02 GOVERNING CODES All construction as provided for under the Contract Documents shall be governed by any existing Resolutions, Codes and Ordinances, and any subsequent amendments or revisions thereto as set forth by the OWNER. 01-03 LOCATION The location of work shall be as set forth in the Notice to Bidders and as indicated in the Contract Documents. 01-04 USAGE OF WATER All water used during construction shall be provided by the OWNER and shall be metered. The OWNER shall specify the location from which the CONTRACTOR is to procure water. The CONTRACTOR shall be responsible for obtaining a bulk water permit from the OWNER and providing all apparatus necessary for procuring,storing, transporting and using water during construction. The CONTRACTOR shall strive to use no more water than reasonable to perform the work associated with this Contract and shall avoid waste. The CONTRACTOR will be required to pay for all water used if it is found that waste is occurring during construction. SECTION 02-SPECIAL CONSIDERATIONS 02-01 CROSSING UTILITIES Prior to commencing the Work associated with this Contract, it shall be the CONTRACTOR's responsibility to make arrangements with the owners of utility companies to uncover their particular utility lines or otherwise confirm their location. Certain utility companies perform such services at their own expense,however,where such is not the case, the CONTRACTOR will cause such work to be done at his own expense. 02-02 UTILITY SERVICES FOR CONSTRUCTION The CONTRACTOR will be responsible for providing its own utility services while performing the Work associated with this Contract. Provision of said utility services shall be subsidiary to the various bid items and no additional payment will be made for this item. 00900-4-2020 Page 1 Special Conditions 00443643 02-03 WAGE RATES Wage Rates (Information From Chapter 2258,Texas Government Code Title 10) 2288.021. Duty of Government Entity to Pay Prevailing Wage Rates a. The State or any political subdivision of the State shall pay a worker employed by it or on behalf of it: (1) not less than the general prevailing rate of per diem wages for work of a similar character in the locality in which the work is performed; and (2) not less than the general prevailing rate of per diem wages for legal holiday and overtime work. b. Subsection(a) does not apply to maintenance work. C. A worker is employed on a public work for the purposes of this section if a Contractor or Subcontractor in the execution of a contract for the public work with the State, a political subdivision of the State or any officer or public body of the State or a political subdivision of the State, employs the worker. 2258.023. Prevailing Wage Rates to be Paid by Contractor and Subcontractor; Penalty a. The contractor who is awarded a contract by a public body, or a Subcontractor of the Contractor, shall pay not less than the rates determined under Section 2258.022 to a worker employed by it in the execution of the contract. b. A Contractor or Subcontractor who violates this section shall pay to the state or a political subdivision of the state on whose behalf the contract is made, $60 for each worker employed for each calendar day or part of the day that the worker is paid less than the wage rates stipulated in the contract. A public body awarding a contract shall specify this penalty in the contract. C. A contractor or subcontractor does not violate this section if a public body awarding a contract does not determine the prevailing wage rates, and specify the rates in the contract as provided by Section 2258.022. d. The public body shall use any money collected under this section to offset the costs incurred in the administration of this chapter. e. A municipality is entitled to collect a penalty under this section only if the municipality has a population of more than 10,000. 00900-4-2020 Page 2 Special Conditions 00443643 2258.051. Duty of Public Body to Hear Complaints and Withhold Payment A public body awarding a contract, and an agent or officer of the public body, shall: I. take cognizance of complaints of all violations of this chapter committed in the execution of the contract; and 2. withhold money forfeited or required to be withheld under this Chapter from the payments to the Contractor under the contract, except that the public body may not withhold money from other than the final payment without determination by the public body that there is good cause to believe that the Contractor has violated this chapter. Applicable wage rates to be used in Williamson and/or Travis County may be obtained from the U.S. Department of Labor website at the following web addresses: Construction Types: Heavy (Sewer/Water Treating Plant and Sewer/Incidental to Highway) Construction Types: Heavy and Highway Construction Type: Building 02-04 LIMIT OF FINANCIAL RESOURCES The OWNER has a limited amount of financial resources committed to this Project; therefore, it shall be understood by all bidders that the OWNER may be required to change and/or delete any items which it may feel is necessary to accomplish all or part of the scope of work within its limit of financial resources. CONTRACTOR shall be entitled to no claim for damages or anticipated profits on any portion of work that may be omitted. At any time during the duration of this contract, the OWNER reserves the right to omit any work from this contract. Unit prices for all items previously approved in this contract shall be used to delete or add work per change order. 02-05 LIMITS OF WORK AND PAYMENT It shall be the obligation of the CONTRACTOR to complete all work included in this Contract, so authorized by the OWNER, as described in the contract documents and technical specifications. All items of work not specifically paid for in the bid proposal shall be included in the unit price bids. Any question arising as to the limits of work shall be left up to the interpretation of the E/A. 00900-4-2020 Page 3 Special Conditions 00443643 02-06 LAND FOR WORK OWNER provides, as indicated on Drawings, land upon which work is to be done, right- of-way for access to same and such other lands that are designated for the use of the CONTRACTOR. CONTRACTOR provides,at his expense and without liability of OWNER, any additional land and access thereto that may be required for his construction operations, temporary construction facilities, or for storage of materials. 02-07 DEVIATIONS OCCASIONED BY UTILITY STRUCTURES Whenever existing utilities, not indicated on the Drawings, present obstructions to grade and alignment of proposed improvements immediately notify engineer, who without delay, will determine if existing utilities are to be relocated, or grade and alignment of proposed improvements changed. Where necessary to move existing utilities and appurtenances as determined by the E/A, the E/A and CONTRACTOR will make relocation arrangements with the utility owner. The OWNER will not be liable for delay costs or damages due to relocations of utilities which hinder progress of the work. 02-08 CONSTRUCTION STAKING All construction staking required to complete the work associated with this contract shall be provided by the CONTRACTOR. The CONTRACTOR shall be responsible for determining the layout and extent of staking necessary to construct the improvements to the lines and grades shown in the Drawings and such staking shall be satisfactory to the E/A. The CONTRACTOR shall consult with the E/A and Owners Representative in the field for assistance as necessary. Sufficient staking materials and equipment shall be provided by the CONTRACTOR including but not limited to:paint, flagging, laths,hubs,blue tops,nails,hammers,measuring chains or tapes,transits and levels. The CONTRACTOR shall be responsible for setting and marking control and off-set points for measuring distances and angles, for shooting levels, and for any other items pertaining to construction staking. This item shall not be paid for separately and shall be considered subsidiary to other bid items. 00900-4-2020 Page 4 Special Conditions 00443643 SECTION 03-ACCESS AND TRAFFIC CONTROL Access shall be provided for the public and emergency vehicles at all possible times. When it becomes necessary to restrict access, the CONTRACTOR shall notify the OWNER and coordinate with the OWNER, all applicable agencies (i.e. Fire Department,E.M.S.,Public Works,etc.),residents,and affected parties. If emergency access is required during the work and such access is being hindered by the work, the CONTRACTOR will suspend the work if necessary, and otherwise endeavor to assist emergency personnel in accessing a location restricted by the work. Unless otherwise approved by the E/A, at the end of each day all lanes of traffic shall be opened to the public. The CONTRACTOR shall ensure compliance at all times with the accepted Traffic Control Plan for the project and shall be responsible for all maintenance, signing and safety precautions necessary for traffic control. These items shall be included in the bid item Traffic Control. 009004-2020 Page 5 Special Conditions 00443643 01000 TECHNICAL SPECIFICATIONS ITEM 1 GENERAL DESCRIPTION 1.01 SCOPE OF WORK The Work covered by these Specifications consists of furnishing all labor, equipment, appliances, materials and performing all operations in connection with the inspection and testing, complete in accordance with the Plans, and subject to the terms and conditions of the Contract Documents. 1.02 GOVERNING TECHNICAL SPECIFICATIONS STREET, WATER, SEWER AND DRAINAGE IMPROVEMENTS The Round Rock Standard Specification Criteria Manual is hereby referred to and included in this contract as fully and to the same extent as if copied at length herein, and shall be applied to this project unless modified elsewhere as discussed below. The aforementioned Criteria Manual is the"Standard Specifications" section of the City of Round Rock Design and Construction Standards. The Standard Specifications may be accessed from the City of Round Rock website (www.roundrocktexas.gov) at the following web address: www.roundrocktexas.gov/dacs. Any adjustments,alterations,or additional information regarding Governing Technical Specifications are contained in the Plans (Drawings), Details and Notes described in Section 02000 of the Project Manual or are included in Attachment A at the end of this Technical Specifications Section. ITEM 2 CONTROL OF WORK 2.01 CLEAN-UP 2.01.1 CONSTRUCTION SITE During construction, the CONTRACTOR shall keep the site free and clean from all rubbish and debris and shall clean-up the site promptly when notified to do so by the E/A. The CONTRACTOR shall,at its own expense,maintain the streets and roads free from dust, mud, excess earth or debris which constitutes a nuisance or danger to the public using the thoroughfare, or the occupants of adjacent properties. Care shall be taken to prevent spillage on streets and roads over which hauling is done, and any such spillage or debris deposited on streets, due to the CONTRACTOR's operations, shall be immediately removed. Page 1 01000-4-2020 Technical Specifications 00443645 2.01.2 BACKWORK The CONTRACTOR shall coordinate his operations in such a manner as to prevent the amount of clean-up and completion of back works from becoming excessive. Should such a condition exist,the E/A may order all or portions of the work to cease and refuse to allow any work to commence until the back work is done to the E/A's satisfaction. 2.02 GRADING The CONTRACTOR shall do such grading in and adjacent to the construction area associated with this contract as may be necessary to leave such areas in a neat and satisfactory condition approved by the E/A. ITEM 3 EXAMINATION AND REVIEW 3.01 EXAMINATION OF WORK The work covered under this Contract shall be examined and reviewed by the E/A, representatives of all governmental entities which have jurisdiction, and the Owner's Representative. The quality of material and the quality of installation of the improvements shall be to the satisfaction of the E/A. It shall be the CONTRACTOR's responsibility for the construction methods and safety precautions in the undertaking of this Contract. 3.02 NOTIFICATION The E/A and the OWNER must be notified a minimum of 24-hours in advance of beginning construction,testing, or requiring presence of the E/A, Owner's or Owner's Representative. 3.03 CONSTRUCTION STAKING The E/A shall furnish the CONTRACTOR reference points and benchmarks that, in the E/A's opinion, provide sufficient information for the CONTRACTOR to perform construction staking. 3.04 PROTECTION OF STAKES, MARKS, ETC. All engineering and surveyor's stakes, marks, property comers, etc., shall be carefully preserved by the CONTRACTOR, and in case of destruction or removal during the course of this project, such stakes, marks, property comers, etc., shall be replaced by the CONTRACTOR at the CONTRACTOR's sole expense. Page 2 01000-4-2020 Technical Specifications 00443645 ITEM 4 PROTECTION AND PRECAUTION 4.01 WORK IN FREEZING WEATHER Portions of the work may continue as directed by the E/A. 4.02 PROTECTION OF TREES, PLANTS AND SHRUBS The CONTRACTOR shall take necessary precautions to preserve all existing trees, plants and shrubs but where it is justifiable and necessary the CONTRACTOR may remove trees and plants for construction right-of-way but only with approval of the E/A. 4.03 TRAFFIC CONTROL MEASURES AND BARRICADES Traffic control measures and barricades shall be installed in accordance with the Texas Manual of Uniform Traffic Control Devices and in other locations deemed necessary by the E/A, for the protection life and property. Under no circumstances will any existing road be permitted to remain closed over a weekend. No separate pay will be made for this item. Costs for this item shall be subsidiary to other items of work. 4.04 PROPERTY LINES AND MONUMENTS The CONTRACTOR shall be responsible for the protection,reference and resetting of property comer monuments if disturbed. 4.05 DISPOSAL OF SURPLUS MATERIAL The CONTRACTOR shall at his own expense, make arrangement for the disposal of surplus material, such as rock, trees,brush and other unwanted backfill materials. 4.06 CONTRACTOR'S USE OF PREMISES The Contractor shall,at his own expense,provide additional space as necessary for his operations and storage of materials. ITEM 5 MATERIALS 5.01 TRADE NAMES Except as specified otherwise, wherever in the specifications an article or class of material is designated by a trade name or by the name or catalog number of any maker, patentee,manufacturer,or dealer,such designations shall be taken as intending to mean and specify the articles described or another equal thereto in quality, finish, and serviceability for the purpose intended, as may be determined and judged by the E/A in his sole discretion. 5.02 MATERIALS AND WORKMANSHIP No material which has been used by the CONTRACTOR for any temporary purpose whatever is to be incorporated in the permanent structure without the written consent of the E/A. Where materials or equipment are specified by a trade or brand name, it is not the intention of the OWNER to discriminate against an equal product of another Page 3 01000-4-2020 Technical Specifications 00443645 manufacturer, but rather to set a definite standard of quality for performance, and to establish an equal basis for the evaluation of bids. Where the words "equivalent", "proper" or"equal to" are used,they shall be understood to mean that the item referred to shall be "proper",the "equivalent" of, or"equal to" some other item, in the opinion or judgment of the E/A. Unless otherwise specified, all materials shall be the best of their respective kinds and shall be in all cases fully equal to approved samples. Notwithstanding that the words "or equal to"or other such expressions may be used in the specifications in connection with a material, manufactured article or process, the material, article or process specifically designated shall be used, unless a substitute is approved in writing by the E/A, and the E/A will have the right to require the use of such specifically designated material,article or process. Page 4 01000-4-2020 Technical Specifications 00443645 02000 PLANS, DETAILS AND NOTES If applicable, insert reference(s) to project plans; details; and notes 1.) COMcheck 2.) Geotechnical Final Report 3.) Geotechnical Final Report Addendum 1 4.) Geotechnical Final Report Addendum 2 5.) Arch-2340-1 CORR FS 10 Construction Documents 6.) FS 10- Civil - Technical Specifications 7.) 2340-1 CORR FS 10-Construction Documents-Drawings-24_1030 8.) Fire Station No 10 - Civil—LA Bid Set