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Contract - Fazzone Construction - 2/25/2021 R-2074--453 ammory- IRIGINAL CITY OF ROUND ROCK PARKS AND RECREATION DEPARTMENT ROUND ROCK TEXAS Project Manual For: Old Settlers Park Adult Recreation Complex Basketball Court Project 2021 January 2021 Prepared By: �Q'.t,O\,pND3�',� 5 ,��E p' 84 N31 r8 J• 32U5 4Ci APPROVED BY OF CI 1J, ATTQRNEY ,N;°/V'Z° ADDENDUM #1 Date: January 22, 2021 Project Name: Old Settlers Park Adult Recreation Complex Basketball Court Project 2021 This Addendum forms a part of contract documents and clarifies, corrects or modifies original bid documents, dated January 2021. 1) Do you have any existing elevations? I see final elevations on the plans, but no existing?See Attached As-Built drawing from completion of construction of adjacent softball fields and parking showing existing grades. 2) For the shade structure and bleachers done by others, will those be surface mount? I ask only because after you place a PT slab you do not want to core or drill into it due to the possibility of hitting a cable compromising the integrity of the slab. Please refer to Section 1.07 — 1(a) of the Technical Specifications. The post-tension court design shall make accommodations for shade structure footings as "existing conditions" Shade structure will installed prior to finalization of construction contract. Bleachers will set atop the surface only (for ease of moving/flexibility). 3) Would Douglas be approved for pickleball net post and nets? Yes, but installation shall still include all net sleeves and plugs, including center strap T-plug for that specific system. If sleeves/plugs are not available, then equal is not considered. 4) The plans call for a 18" ribbon curb, but the bid for a 24" ribbon curb? Please bid a 24" ribbon curb as shown in the bid form. 5) Would Hellas TPS 5000 acrylic surfacing system be approved for the surfacing system? Yes. 6) Would California Sports Surfaces Plexipave System be approved for the surfacing system? Yes. Acknowledgement of this addendum is required. All bidders shall acknowledge receipt of Addendum No. 1 by signing the Addenda Acknowledgment on the Proposal Form. Failure to do so will subject bidder to disqualification. Sincerely, ,/ (&E \OIDSC4pi --- (<2 4 4<4:3' Pk. 450 414- Katie Baker, PLA I ASLA Park Development Manager City of Round Rock i,(r) 3205 o II Il ll 1 I I I I I II I 111 I I' I I 1l I I (LEGEND I Z HALL OF COMPLEX FAME o o < O --� SLOPE INDICATOR Q^ Y J , SWALE CENTERLINE rl.i. Q FG Ce 707.0, A vJ U t1�4 �ateII�f j ate r 1 Y !1 A• • lei/' — EXISTING INDEX CONTOUR ,�/ CL w t� EXISTING INTERVAL CONTOUR . . "•`� � � �' PROPOSED INDEX CONTOUR _ 1- (l CI -.iit,..,' 14 ■1�1#1/Irllrtl•li. I— Li] 0 //-�� '1 I'♦ wviac m , ■ PROPOSED INTERVAL CONTOUR F. O LL i "�+4/ \ .r- .anei.PCMien-Fi' y// _ - 30 L O rl- , r r10 0 EXISTING SPOT ELEVATION r CY YOUNG �_�I I I U) J pO ■ 1 ,/-�PROPOSED SPOT ELEVATION ~ 0 COMPLEX / , 702 ".' G SLOPE OF SWALE CENTERLINE UI ,8 of•oeow.... GR GRATE ELEVATION O Q �� a� ' TC TOP OF CURB % II to amv.c ,III ,,--- ■ Ali , ,.•;,,„,,--, ,.,...----TrDOl DOl OOI—i—DOl N < og 1 G9`O / � �� /' FUTURE I: J §If, ti 7. DEVELOPMENT ■ 1 p �. I Fo ,. o PHASE op `°4 / o • I ° / W rz \FE," / 1 / o�, 1p1 iU� w J / FIELD 1 It \ U. N W 7 ' r� I Q Aoh I / \ e, - ,. ;,, ---4)1 p - II I tytgi I , / i I tka, / / 10 , .m•ttb O LOC LOC LOC LOC .■.�QwLL 1111MEE I V `... 1 '''''',,,,'"= nr. p ' '\ i L3. 697 / '"'"' .EXFIELD A ,..n w s�, .. 1 L3.04 z 0 z SPACE '� '^'•"°" r � �,—� o�a o_ i .i i r - , //////////,///% v// r//. /////�//,�//i /i////// /////////,�/%/ //,i!/,///!4/e /l%///N,'1// //r///,////N/ ////l////,/ /b//, i/%l//// ////r///./ --// /////�//, ///i////U// ////////i///,. -%///////%//,'/// ,/////!I////// /%/e—%i///////L//r-�//////,// //,i.////.///, ///i///,//i %////,////// .////i///,y/%. /////N,�/N// ///////// /i//Ly // I 11 .m..v /" FIRELANE, c C Z P �'� - ,� �� L3.03 W o / a'"7:�4 _ _ mow Irk I� ii�y %' i 5 Q z ter. I uaur gil/1111 ... sae. 3s'..xdme> I tl p W a :,!/ • ... V, / .CN.SNEEr Cr..14➢J y O Q(n(n Illi IIIIIiiiIIMP./ \ \ 0II ��DQI DOl DOl DOl DOI m —\:!I 7- i N -- = ti es / -- 1' amrmu.; ■ r� f'1� _ % REVISED LIMITS OF0.01 =P°m,,' \ FIELD DIR ,B,N 1,1 a I CONSTRUCTION AND '% R 'o� FIELD 2 r I; SPOILS DISPOSAL AREA. �'''',:1;1,!±_- \ / D6zo,6 I '�� ° FUTURE ■. 11-19-18 I \\� �\ '',, `' me,un j .. �\�� DEVELOPMENT ■.- '♦, ,'-\,\,�\\ I k Sheet y Ke wA I i CONTRACTOR HELD SET co,'"' � AIR THIS PERMIT SHALL 43 \�� \� o LOC REMAIN N THE SITE � � ,r. � PREMISES FOR THE LIFE OF `I a \ \� %/ '"'"� I THE PROJECT AND SHALL \ z�`,.� I BE UTILIZED FOR ANY AND t SPOILS DISPOSAL v- , *`� .' -?,, ■ f �'�� . i I ALL IMPROVEMENTS : ` AREA �, ., '� ,`��` �� Project No.: 31238 ■IE11.1�1 111111.1■I■I MIEIMIEIII MIEREIMIIIMIMIIMI/" CONTAINED HEREIN. Issued: 05-18-2018 Drawn By: NW,TR.BM �. �-�.�--.�-='—cam- 0 Checked By:BB Sheet Title OVERALL NORTH GRADING PLAN i0 60' 120' iiii SCALE:1"=60' L3'00 Sheet Number ' ' � . / ' . i | \ } � > ' ' � 000,20 NOTICE TO BIDDERS . ` � ` }' | � � ' ( � ! � . ' / NOTICE TO BIDDERS Sealed bids addressed to Katie Baker, PLA, City of Round Rock, Parks and Recreation, 221 E. Main St., Round Rock, TX 78665, for furnishing all labor, material and equipment and performing all work required for the project titled, Old Settlers Park Adult Recreation Complex Basketball Court Project 2020 (project includes site preparation, demolition and haul-off (if required),general site concrete work,design and installation of engineered post-tensioned concrete slab, court surfacing application, court line application, installation of new fence (alternate), and installation of new basketball goals and pickleball net sleeves, posts, and nets), will be received until January 26, 2021 at 10:00 a.m.,then publicly opened and read aloud at the same address. Bid envelopes shall state date and time of bid and "Old Settlers Park Adult Recreation Complex �- Basketball Court Project 2021".Bids must also be accompanied by a"Statement of Bidder's Safety Experience" included in Section 410 of the Project Manual. No bids may be withdrawn after the scheduled opening time. Any bids received after scheduled bid opening time will be returned unopened. Bids must be submitted on City of Round Rock bid forms and must be accompanied by an AIM acceptable bid security as outlined in the Instructions to Bidders, payable to the City of Round Rock, Texas equal to five percent (5%) of the total bid amount. Plans, Bid Forms, Specifications, and Instructions to Bidders may be obtained at roundrocktexas.gov/solicitations. Bidders shall be �— responsible for printing or obtaining prints of the aforementioned documents as necessary. For questions please contact the City's Project Manager, Katie Baker, PLA, kbaker@roundrocktexas.gov. In case of ambiguity, duplication, or obscurity in the bids,the City of Round Rock reserves the right to construe the meaning thereof. The City of Round Rock further reserves the right to reject any or all bids and to waive any informalities and irregularities in the bids received. The successful bidder will be expected to execute the City of Round Rock's standard contract and to furnish performance and payment bonds, all as described in the bid documents. Contractors and subcontractors shall pay to laborers,workmen,and mechanics the prevailing wage rates as determined by the City of Round Rock. Publish Dates: 411.11 Austin American Statesman: January 9, 2021 January 16, 2021 AMMID 00020 10-2019 Notice to Bidders 00193093 Page 1 INSTRUCTIONS TO BIDDERS 1. Prior to submitting any bid,bidders are required to read all drawings(plans),specifications, and all other Project Manual and/or Contract Documents carefully; to inform themselves by their independent research, test and investigation of the difficulties to be encountered and judge for themselves of the accessibility of the Work and all attending circumstances affecting the cost of doing the Work and the time required for its completion and obtain all information required to make a bid. The aforementioned documents may only be obtained from the City's website at the following web address: www.roundrocktexas.gov/solicitations. Bidders shall be responsible for printing or obtaining prints of the aforementioned documents as necessary. r 2. Should the bidder find discrepancies in, or omissions from the drawings (plans), specifications, or other Project Manual and/or Contract Documents, or should he be in doubt as to their meaning, he should notify at once the City and obtain clarification or -� addendum prior to submitting any bid. Any addenda issued will be posted with the documents at the web address mentioned in 1 above no later than two business days prior to the Bid Opening Date. Prior to submitting a bid,the bidder is responsible for OEM determining if any addenda have been issued and for following any instructions required in any addenda issued. 3. It shall be the responsibility of the bidder to see that his bid is received at the place and time named in the Notice to Bidders in the Project Manual. Bids received after the scheduled opening time will be returned unopened. 4. Bids shall be submitted in sealed envelopes plainly marked "Sealed Bid" and showing the name of the project, the job number if applicable, and the opening date and time. 5. Bidders shall be responsible for submitting a copy of the City's Bid Form, Bid Bond Form, and Statement of Bidder's Safety Experience from the Project Manual ... documents posted at the web address as described in 1 above. 6. Bids shall be accompanied by a bid security consisting of a certified cashier's check in an amount not less than five percent (5%) of the total maximum bid price, payable without recourse to the City of Round Rock,or a bid bond in the same amount from a reliable surety company, as a guarantee that the bidder will enter into a contract and execute performance mi„ and payment bonds, as stipulated by item 15 below, within ten (10) days after notice of award of contract to him. Bid securities must be submitted in the same sealed envelope with the bid. Bids submitted without a bid security may not be considered at the sole discretion of the City. AIM Page 1 00100 6-2019 Instructions to Bidders MEI 00426487 AIM 7. If awarded the bid, bidder must submit Form 1295 on the Texas Ethics Commission (TEC) Website at https://www.ethics.state.tx.us/whatsnew/elf info form1295.htm and submit the signed Form 1295 to the City Clerk at s`vhite( roundrocktexas.gov within ten (10) business days of notification of the award. Instructions for completing a Form 1295 are attached as Exhibit"A" to the Instructions to Bidders. 8. No conditional bids will be accepted. AIM 9. A bidder wishing to withdraw his submitted sealed bid prior to the scheduled bid opening time must do so by presenting in person a written request signed by an authorized representative of the bidder to a City employee at the location for which sealed bids are to -- be addressed. No telephone, facsimile, or email requests will be accepted. The City will expend the time and effort that the City in its sole discretion determines is necessary to investigate the authenticity of a request before complying with a request. The City shall in MOM its sole discretion determine if the City will comply with a request and the City shall not be held liable for not complying with a request. If the City does not comply with a request, the request shall automatically become null and void. 4111.1. 10. A bidder wishing to revise his sealed bid after submittal but before the scheduled bid opening time must first withdraw his bid as provided for in the Instructions to Bidders and „_ then submit a sealed bid in accordance with the Instructions to Bidders. No revisions to a bid will be allowed after the scheduled bid opening time. The bidder shall be responsible for ensuring the amount of the bid security is as specified in the Instructions to Bidders. 11. All bid securities will be returned to the respective bidders within twenty-five (25) days after bids are opened, except those which the City elects to hold until the successful bidder has executed the Agreement. Thereafter, all remaining securities, including security of the MOM successful bidder, will be returned within sixty (60) days. 12. Until the award of the contract,the City reserves the right to reject any and all bids and to AIM waive technicalities; to advertise for new bids; or to do the work otherwise when the best interest of the City will be thereby promoted. 13. In case of ambiguity or lack of clarity in the statement of prices in the bids,the City reserves the right to consider the most favorable analysis thereof, or to reject the bid. Unreasonable and/or unbalanced prices submitted in a bid may result in rejection of such bid or other bids. 14. Award of the contract, if awarded,will be made within sixty (60)days after opening of the bids, and no bidder may withdraw his bid within said sixty (60) day period of time unless a prior award is made. A Notice to Proceed will be issued within sixty (60) days after contract Execution Date as defined in the General Conditions. 15. Within ten (10) days after written notification of award of the contract, the successful bidder must furnish a performance bond and a payment bond in the amount of one hundred percent (100%) of the total Contract Amount. Said performance bond and payment bond Page 2 00100 6-2019 Instructions to Bidders 00426487 ,' !"" !" shall 11)e from an approved surety company holding a permit from the State of Texas, indicating it is authorized and admitted to write surety bonds in this state. In the event the bond exceeds$100,000.00,the surety must also (1)hold a certificate of authority from the 7 United States secretary of the treasury to qualify as a surety on obligations permitted or requir d under federal law; or (2) have obtained reinsurance for any liability in excess of $100, 00.00 from a reinsures that is authorized and admitted as a reinsures in this state and 7 is the older of a certificate of authority from the United States secretary of the treasury to qualif as a surety or reinsures on obligations permitted or required under federal law. 7 In determining whether the surety or reinsures holds a valid certificate of authority,the City may rely on the list of companies holding certificates of authority as published in the Federal Register covering the date on which the bond is to be executed. 7., 16. Failure to execute the Agreement within ten (10) days of written notification of award or failure to furnish the performance bond and payment bond as required by item 15 above, r., shall be just cause for the annulment of the award. In case of annulment of the award, the bid security shall become the property of the City, not as a penalty, but as liquidated. damages. ,,,,, 17. No coitract shall be binding upon the City until it has been signed by its Mayor after having been duly authorized to do so by the City Council. ,.,., 18. The ontractor shall not commence Work under the Agreement until he has furnished certifiation of all insurance required and such has been approved by the City,nor shall the rui, Contr ctor allow any Subcontractor to commence work on his subcontract until proof of all si filar insurance that is required of the subcontractor has been furnished and approved. The ontractor's insurer shall use the certificate of insurance form included in the bid 7 docuMents or the standard ACORD form. 19. If the !Didder's insurance company is authorized, pursuant to its agreement with bidder, to !" arrange for the replacement of a loss,rather than by making a cash payment directly to the City,4ie insurance company must furnish or have furnished by bidder,a performance bond in accrdance with Section 2253.02 1(b), Texas Government Code, and a payment bond in accor4ance with Section 2253.021(c). !...., 1 20. Any quantities given in any portion of the Bid Documents, including the drawings (plans), are estimates only, and the actual amount of work required may differ somewhat from the Pa, estimates. The basis for payment shall be the actual amount of work done and/or material furni4red as specified in the General Conditions. foi 21. Bids si.all be submitted on a separated contract basis.No Texas sales tax shall be included in the prices bid for materials consumed or incorporated into the Work. This contract is issued by an organization which is qualified for exemption pursuant to the provisions of r" Section 151.309(5)of the Texas Tax Code. The City will issue an exemption certificate to the Contractor. The Contractor must then issue a resale certificate to the material supplier il ,i Page 3 00100 6-2019 Instructions to Bidders 1 00426487 ow, for materials purchased.The Contractor must have a valid sales tax permit in order to issue a resale certificate. Upon obtaining consumable materials, the Contractor will issue a resale certificate in lieu of payment of sales tax, and the following conditions shall be observed; 1) The Contractor will transfer title of consumable, but not incorporated, materials to the City at the time and point of receipt by the Contractor; ,., 2) The Contractor will be paid for these consumable materials by the City as soon as practicable. Payment will not be made directly but considered subsidiary to the pertinent bid item. The Contractor's monthly estimate will state that the estimate includes consumables that were received during the month covered by the estimate; and 3) The designated representative of the City must be notified as soon as possible of the ,.., receipt of these materials so that an inspection can be made by the representative. Where practical,the materials will be labeled as the property of the City. 22. The Contractor, after execution of the contract and pursuant to Internal Revenue Service (IRS) regulations, shall furnish its Taxpayer Identification Number(TIN)to the City. The Contractor shall provide the appropriate information on a W-9 form(which can be provided by the City upon request). This form shall be submitted directly to the City's Accounts Payable Department to ensure security of the information. 23. If the Bid Form includes Add and/or Deduct Alternate bid items and/or otherwise provides for Alternate bids, the City will determine whether to select or not select one or more of the Add and/or Deduct Alternate bid items and/or Alternate bids at the City's sole discretion and for its greatest advantage. If the City selects any Add and/or Deduct Alternate bid items, the total bid amount will be determined by adding the amount of the selected Add Alternates)to,and deducting the amount of the selected Deduct Alternates) from the Base Bid or the selected Alternate bid. Page 4 t*. 00100 6-2019 Instructions to Bidders 00426487 � `- � ' ' '. . | ' 00200BIDBOND � | | | � | - ) ' } ) \ '- \ - r AMINS BID BOND THE STATE OF TEXAS § KNOW ALL BY THESE PRESENTS: COUNTY OF WILLIAMSON § That Fazzone Construction Company, Inc. of the City of Cedar Park County of Williamson State of Texas as Principal, and Travelers Casualty and Surety Company of America authorized under the laws of the State of Texas to act as surety on bonds for principals,are held and firmly bound unto the CITY OF ROUND ROCK,TEXAS("Owner"), in the penal sum of Five Percent(5%)of the total amount of the Bid of the Principal submitted to the Owner, for the Work described below; for the payment whereof,well and truly to be made, and the said Principal and Surety do herby bind themselves and their heirs, administrators, executors, successors and assigns, jointly and severally,as follows: In no case shall the liability of the Surety hereunder exceed the sum of( Five Percent of Amount Bid*** Dollars($ 5% ). THE CONDITIONS OF THIS OBLIGATION ARE SUCH that, whereas,the Principal has submitted the above-referenced Bid to the Owner, for construction of the Work under the "Specifications for Construction of OSPARC Basketball Court Project for which Bids are to be opened at the office of Owner on the 26th day of January ,20 21 . NOW,THEREFORE,if the Principal is awarded the Contract,and within the time and manner required under the"Instructions to Bidders,"after the prescribed forms are presented to her/him for signature,enters into a written Agreement substantially in the form contained in the Bid Documents,in accordance with the Bid, and files the two (2) bonds with the Owner, one to guarantee faithful performance and the other to guarantee payment for labor and materials,then this obligation shall be null and void;otherwise,it shall be and remain in full force and effect. If, however, Principal fails to enter into a written Agreement with the Owner in accordance with the Bid or Principal and Surety fail to timely deliver to Owner the performance and payment bonds required by the Bid Documents, Surety within five(5)business days after receipt of a written demand from Owner shall pay to Owner the full penal sum of this Bid Bond,subject to the limitation described herein. In the event that suit is brought upon this Bond by the Owner and judgment is recovered, said Surety shall pay all costs incurred by the Owner in such suit, including a reasonable attorney's fee to be fixed by the Court. IN WITNESS WHEREOF, the said Principal and Surety have signed this instrument on this the 26th day of the month of January 20 21 . Fazzone Construction Company, Inc. Travelers Casualty and Surety Company of America Prin ipal Surety " &A Courtney J. Goulding Printed Name Printed Name C C)„ e.. (ieri By: By. eal _. �.•.�. i� Title: Pco eC; " (tr 6 i\no.A or Title: Attorney-i 1 .� Address: IcOS t; kfter, Address: 9601 McAllister Freeway, Suite 700 Lam'C C PCt C Y._ t x. —MCA San Antonio,TX 78216 00200 4-2020 Page 1 Bid Bond "` 00443638 Resident Agent of Surety: 3151,tAtk%A..,644‘t II Signature • Courtney J. Goulding, USI Southwest, Inc. Printed Name 7600-C N. Capital of Texas Highway#200 Street Address Austin, TX 78731 City, State,Zip AMEN NMI AMEN ANNN AIM ammo Page 2 00200 4-2020 Bid Bond 00443638 Aisik TRAVELERS J POWER OF ATTORNEY Travelers Casualty and Surety Company of America Travelers Casualty and Surety Company St. Paul Fire and Marine Insurance Company Attorney-In-Fact No. 230196 KNOW ALL MEN BY THESE PRESENTS: That Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company are corporations duly organized under the laws of the State of Connecticut (herein collectively called the "Companies"),and that the Companies do hereby make,constitute and appoint Courtney J Goulding,of the City of Austin,State of Texas,their true and lawful Attorney-in-Fact to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory inthe nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF, the Companies have caused this instrument to be signed and their corporate seals to be hereto affixed, this 3rd day of February, 2017. Travelers Casualty and Surety Company of America Travelers Casualty and Surety Company St. Paul Fire and Marine Insurance Company t Ittorryom It cams* es State of Connecticut By: City of Hartford ss. Robert L.Raney,Senior Vice President On this the 3rd day of February,2017, before me personally appeared Robert L.Raney,who acknowledged himself to be the Senior Vice President of Travelers Casualty and Surety Company of America,Travelers Casualty and Surety Company,and St. Paul Fire and Marine Insurance Company,and that he,as such,being authorized so to do,executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. In Witness Whereof,I hereunto set my hand and official seal. At- My Commission expires the 30th day of June, 2021 .L. 0 Marie C.Tetreault, Notary Public This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Travelers Casualty and Surety Company of America,Travelers Casualty and Surety Company,and St.Paul Fire and Marine Insurance Company,which resolutions are now in full force and effect,reading as follows: RESOLVED,that the Chairman,the President,any Vice Chairman,any Executive Vice President,any Senior Vice President,any Vice President,any Second Vice President,the Treasurer, any Assistant Treasurer,the Corporate Secretary or any Assistant Secretary may appoint Attorneys-in-Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances,contracts of indemnity,and other writings obligatory in the nature of a bond, recognizance,or conditional undertaking,and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her;and it is FURTHER RESOLVED,that the Chairman,the President,any Vice Chairman,any Executive Vice President,any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary; and it is FURTHER RESOLVED,that anybond, recognizance,contract of indemnity,or writingobligatory in the nature of a bond, recognizance, or conditional 9 tY� 9 Y 9 , undertaking shall be valid and binding upon the Company when(a)signed by the President,any Vice Chairman,any Executive Vice President,any Senior Vice President or any Vice President,any Second Vice President,the Treasurer,any Assistant Treasurer,the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary;or(b)duly executed(under seal,if required)by one or more Attorneys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers �.. pursuant to a written delegation of authority;and it is FURTHER RESOLVED,that the signature of each of the following officers: President,any Executive Vice President,any Senior Vice President,any Vice President,any Assistant Vice President,any Secretary,any Assistant Secretary,and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents,Resident Assistant Secretaries or Attorneys-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof,and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. I,Kevin E.Hughes,the undersigned,Assistant Secretary of Travelers Casualty and Surety Company of America,Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies,which will remain in full force and effect through December 31,2018. 7*.:6 Kevin E. Hughes,Assistant Secretary Dated this ' -day of 1 Jr s °Mk A. out jr! To verify the authenticity of this Power of Attorney,call 1-800-421-3880 to contact us. Please refer to the Attorney-In-Fact number, the above-named individual and the details of the bond to which the power is attached. IMPORTANT NOTICE To obtain information or make a complaint: You may call Travelers Casualty and Surety Company of America and its affiliates' toll- free telephone number for information or to make a complaint at: 1-800-328-2189 You may contact the Texas Department of Insurance to obtain information on companies, coverages, rights or complaints at: 1-800-252-3439 You may write the Texas Department of Insurance: P. O. Box 149104 Austin, TX 78714-9104 Fax: (512)475-1771 Web: http://www.tdi.state.tx.us E-mail: ConsumerProtection@tdi.state.tx.us PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim you should contact your Agent or Travelers first. If the dispute is not resolved, you may contact the Texas Department of Insurance. ATTACH THIS NOTICE TO YOUR BOND: This notice is for information only and does not become a part or condition of the attached document and is given to comply with Texas legal and regulatory requirements. (PN-042-B) Ed.10.18.07 I• ' f BID FORM JOB NAME: Old Settlers Park Adult Recreation Complex Covered Basketball Court 2021 JOB LOCATION: Round Rock, Williamson County, Texas OWNER: City of Round Rock, Texas DATE: January 2021 Ladies and Gentlemen: Pursuant to the foregoing Notice to Bidders and Instructions to Bidders, the undersigned bidder hereby proposes to do all the work, to furnish all necessary superintendence, labor, machinery, equipment, tools, materials, insurance and miscellaneous items, to complete all the Work on which he bids as provided by the attached supplemental specifications, and as shown on the plans for the construction of Old Settlers Park Adult Recreation Complex Covered Basketball Court 2021 and binds himself on acceptance of this bid to execute the Agreement and bond for completing said Work within the time stated, for the following prices, to wit: Any addenda issued will be posted with the Project Manual and/or Contract Documents on the o City's website at Y . °o.�. drt: kk'\ .go\- bu i esses,solicitation,-, by the close of business Friday, January 22°d. Prior to submitting a bid, the bidder is responsible for determining if any addenda have been issued and for following any instructions in any addenda issued. Bidder acknowledges receipt of the following Addenda by listing Addendum "number" and "date". The Owner reserves the right to award any combination of bid items in the Base Bid. BASE BID Bid Approx. Item Description Unit Item Quantity Unit and Written Unit Price Price Amount 1. 1 LS Total Mobilization Payment, -M complete in place per plan & specs, for dollars 1‘ and cents. $ 1 '/ / $ /04 00300 7-2009 Page 1 fi 00090653 Bid Form Bid Approx. Item Description Unit Item Quantity Unit and Written Unit Price Price Amount 2. 1 LS Stabilized Construction Entrance, including installation and removal complete in place per plan & specs, for dollars and cents. $ 12.0 a� $ /24-0 3. 1 EA. Temporary Concrete Washout, complete in place per plan & specs, for dollars ie and cents. $ 6-0 $ CO 4. 335 LF Erosion Control Log, complete in place per plan & specs, for dollars � 2 and cents. 5 5. 1 LS Unclassified Excavation and haul off, including subgrade preparation, proof rolling, and grading within Limits of Construction complete in place per plan & specs, for dollars and cents. 12-/"D (7iO 11) 6. 7,850 SF 5" Thick Engineered Post- Tensioned Concrete Slab, including slab design and installation, complete in place per plan and specifications, for_ dollars 1Q and cents. $ $ a 7. 1 LS Basketball Court Surfacing, complete in place per plan and specifications, for dollars and cents. 11 00300 7-2009 Page 2 00090653 Bid Form Bid Approx. Item Description Unit Item Quantity Unit and Written Unit Price Price Amount 8. 1 LS Basketball Court Striping, complete in place, per plans and specifications, Z.bk elk -e' vv1. 7 for dollars 1 �c r_ .... and cents. $ $ 9. 2 EA Basketball backboard, goals, and post, complete in place per plan & specifications, for dollars and cents. $ '9115 $ /Do1) 10. 2 EA Pickleball Net Post Systems, Nets, Center Straps, and T-Plugs, complete in place per plans and specifications, for dollars i 1 0-0 2.-29-0 and cents. $ $ 11. 760 SF 4" Thick Concrete walkway, complete in place per plan & specs, for dollarsAl 5/° clop and cents. $ $ ,— 12. 840 SF 24" ribbon curb, complete in place per plan & specs, for dollars and fr3 cents. $ fb $ tt .` 13. 1 LS Shipping container slab and footing, complete in place per plan & specs, for dollars and cents. $ 6Cle° $ 60 Ce 00300 7-2009 Page 3 00090653 Bid Form 14. 1 LS Installation of shipping container, complete in place per plan & specs, for dollars and cents. O 15. 1 LS Re-vegetation using Bermuda hydroseed of all disturbed areas, complete in place per plan & specs, for dollars and cents. $ /g7( $ I ✓ N M o F „ �' e. a e 3 : / ... , J y ,7 T� .n , e X v < n . iA X � . ts2 . � ? • yk ; tc* ,.............s.............. ,.. .. ....... ... .... »j Total Base Bid (Items1 /33, V? 7. 3 thru,��'}• � GRAND TOTAL $ J c' a-7-1. -7 3 A ... .,..: .a, .. w ./ ..<n£.».fiYS .. fug. A'/.. ... 'E> '♦� x- / 3.H/. ,.. h �.. ...: ..., ,..,. .. Y,.. , .:,./�.,� ,.:. to lH. .. /.r5+. "fn .: 5•n .�. .s>",<<E.. ..N, 5 ra'. .,.. .t i'+Y .s;3•.. /.. a..,.,.r .A.r..r./.. v.!: .n »s r .;.: rAa+> '�• �„`•, ♦) ,ra S<i ., :✓ �.o.. ...n.....z ....m ,. ,id<.. ... .. ..+� .d's�: ..T... :r/ 1� /3 F ''Y'., "�:'rv::, r ,. < .: ..Y.+L r... .. .. <........./ .. .... , ff .. .3•.":rY>f,'"' �£, ftfgr'� .. .. 1, .. :......:.. .. ....,.H..'%'/.::c.<:.,.,. ...:..,... ..Is,.. ' f: .. , .A'. ..,.,L. ... .. K ...............S,............,.i:.... .....� .:.< <:kff:.� nd,...a '' �rf..Ra ......��.<�in......39f., ,. ��✓. .: a.. ., ... ,.,.,::.,:....:�,.:. .r:.:s.:..»<' .3'., �i�T`�3.. �'.:Y". «:rr.r4.. �z5✓.rrs>s� ...N..rr,r •,,,F~� .#.:6,s..'�5> ,',IA.,la�.''.s.�sfr'�>t?.�tY .,� �a�: r•::. :r.r.;uf:dd?:.r� ra, b'fi,:,.:st'.aid..//.,�i°Ss3<.55u<r:' <.,,lo t�f„ rw: » ��. r STATEMENT OF SEPARATE CHARGES: Materials: $ v_, /l/. a ' All Other Charges: S 4'3 lb s *Total: S 2 .3 *Note: This total must be the same amount as shown above for "Total Base Bid" ALTERNATIVE BID ITEMS (Owner may choose any or all), ADDITIVE, & DEDUCTIVE QUANITIES A-1. 373 LF 10' Chain Link Fence, complete in place per plan & specs, for dollars1 'fig IS/2--Lf. � and cents. $ $ A-2. 1 EA 12' Chain Link Fence Gate, complete in place per plan & specs, 1; 7-- for dollarsta-teCif- l �� 7 and cents. $ 2.$ l a .. .� :. .. ,. , ..vP ,..,P.,..,.....,e,...F a,H' ,... :. .'t: rs^ .,�<':��,r`.L.. :.:i9.,u✓L:"h.,, { ._I v:�''`�.:::hP 'o uj"^r.rC<., 3A <S"y,. fi- .. '. r .w .,.::fr. ....x.u.,c,u:.:rt.... , a.,,,:3,'<'..,5 � "N<�. ,'f,f%';kt�Afr'�.� :.�ii vx ,.ry.�iii+63'6bi:,;{"S /:: h' �#`.<rf ..'a:i �•i<'r� ..,sf' .rs .u�k� k sf,k,n «./ '� o.c.,. .H��'�. Y<'£�. H.,r 11..+9.'fi...:'/d.. .�^'. c, L?,.nr r 1ST P •`r`s�". /bL fY:. • .. O ,.. /l. .. ...._n.... ....:.................'..,.�/h', :.r.....Yz...... > hw Tt' :ifJ'r''M..S::f3°,+.. �,:Y3'+ n: ..... :.,dk, ... .. ,.1/.a�++ ....4... f f�...'t£ .:..)...f,r:u'.t5..t .. �nixt;•s.,.a ... .... ..✓ a ...:r r.:.r vr,Y b..... ...:: q:),n:a ,:5rdr• 00300 7-2009 Page 4 00090653 Bid Form If this bid is accepted, the undersigned agrees to execute the Agreement and provide necessary bonds and insurance certification as per the Instructions to Bidders and commence work within Ten (10) days after written Notice to Proceed. The undersigned further agrees to complete the Work within Ninety ( 90 ) calendar days after the date of the written Notice-to-Proceed. The undersigned certifies that the bid prices contained in the bid have been carefully checked and are submitted as correct and final. The Owner reserves the right to reject any or all bids and may waive any informalities or technicalities. Re ectfully Sub itte , -/ Signature /) ( 7L4 e- z_coo g . (A) Print Name Address Cialail igG-.41€ 7-5e '7 /13 AA 1-72_ g-5 3c Title for Telephone {�"w-2Z-a✓�-`� Cam—S 01/4. 2 Name of Firm Date Secretary, if Contractor is a Corporation 00300 7-2009 Page 5 00090653 Bid Form PAIM 0411, 00410 STATEMENT OF BIDDER'S SAFETY EXPERIENCE Page 1 00410 8-2014 Statement of Bidder's Safety Experience 00090654 Solicitation Requirements, Contract Forms & Conditions of Contract Statement of Bidder's Safety Experience Section 00410 Bidder must submit a signed Statement of Bidder's Safety Experience form with his Bid; failure to do so will constitute an incomplete Bid that may be rejected. In order to make a responsive Bid, Bidder must provide evidence that it meets minimum OSHA construction safety program requirements, has not been fined by OSHA for any willful safety violations in the past three years, and has a lost time injury rate that doesn't exceed the limits established below. All questions must be answered and data given must be clear and comprehensive. If necessary, questions may be answered on separate attached sheets. Company Name: Fazzone Construction Co. LLC. Address: 2008 Windy Terrace Cedar Park TX Phone: 512-3 31-44 84 Completed by: Carrie Wyman Date: 01/26/2021 1. Does the company have a written construction Safety program? x Yes No 2. Does the company conduct construction safety inspections? x Yes No 3. Does the company have an active construction safety-training program? x Yes No 4. Has the company been fined by OSHA for any willful safety violations in the past Yes x No three years? 5. Does the company have a lost time injury rate of 7.8 for SIC 15, or 7.6 for SIC 16, x Yes No or less over the past three years? Attach the company's OSHA 200/300 logs for the past three years. 6. Does the company or affected subcontractors have competent persons in the following Areas? A. Scaffolding x Yes No N/A B. Excavation x Yes No N/A C. Cranes x Yes No N/A D. Electrical x Yes No N/A E. Fall Protection x Yes No N/A F. Confined Spaces x Yes No N/A I hereby certify that the above information is true and correct. Signature av _... Title (100(-Cco\naksOr Page 1 00410 8-2014 Statement of Bidder's Safety Experience 00090654 i I I I I OSHA's Form 300A (Rev. 01/2004) Year 20 1 9 4). Summary of Work-Related Injuries and Illnesses U.S. Department of Labor Occupational Saf lthety and Hea Administration ,,, ,;,iag4: i>W4 'Aa .,I,,,,, ,40i'j.:, Wa.4 ,,,,,i: ,,ii. a, ,jtA,' ,igit;4M,WkAM,,, W,,,, aaaiPjka :W.a ':',:,',,,,,,,efgrAregSStdtVM:VefiaSing':g ::>: :,:arkltIWP,iggaWtfitMN:igftnSANA-:N;n,'!iMi,,M,,,:,"i,a.tdk.:,:,.S.ZrtW,,ei41a,ika,;. .........,.....•.,...,,..,.;.,:,::.......:.,:::,,,4,44*',UMM:: Form approved OMB no.1215-0176 .._ All establishments covered by Part 1904 must complete this Summary pace,even if no work-related injuries or illnesses occurred during the year.Remember to review the Log to verify that the entries are complete and accurate before completing this summary. Using the Log,count the individual entries you made for each category Then write the totals below,making sure you've added the entries from every page of the Log.If you Establishment information had no cases,write*0.' Your establishment name Faz zone Construction Co. , Inc. Employees,former employees,and their representatives have the right to review the OSHA Form 300 in its entirety.They also have limited access to the OSHA Form 301 or ifs equivalent.See 29 CFR Part 7904.35,in OSHA's recordkeeping rule,for further details on the access provisions for these forms. Street 1 3 02 W Blanco Rd City San Antonio State TX ZIP Number of Cases . . Total number of Total number of Total number of Total number of Industry description(e.g.,Manufacture of motor truck trailers) deaths cases with days cases with job other recordable Construction away from work transfer or restriction cases Standard Industrial Classification(SIC),if known(e.g.,3715) 0 0 0 0 1 5 4 2 (G) (H) (I) GO OR North American Industrial Classification(NAICS),if known(e.g.,336212) Number of Days Total number of days away Total number of days ofjob Employment information(If you don't have taese h 1- j.7 gures,see the from work transfer or restriction Worksheet on the back of this page to estimate.) 0 0 Annual average number of employees 22 (K) (L) Total hours worked by all employees last year 45, 760 injury and Illness Types Sign here Knowingly falsifying this document may result in a fine. Total number of. . . (M) (1) Injuries __O__ (4) Poisonings IL il (5) Hearing loss 0 I certify t at I havefrxtlunined this document and that to the best of my knowle si e the enikith are true,accurate,and complete. (2) Skin disorders l_ (6)All other illnesses 0 I ;I I i (3) Respiratory conditions 0 111.k'- President p--1.111.1AZulr, '11.0k*'''''-'------- Tnie (2 1 ) 4 0 8-9 01i 5- / ilei 0244 lone Datt Post this Summary page from February 1 to April 30 of the year following the year covered by the form. Public reporting burden for this collection of information is estimated to average.58 minutes per response,including time to review the instructions,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 other aspects of this data collection,contact,US Department of Labor,OSHA Office of Statistical Analysis,Room N-3644,200 Constitution Avenue,NW, Washington,DC 20210.Do not send the completed forms to this office. .. . ' '.,... .,7s.. ., ..- ,,,...";'-', „':,-,-;..—'..' - :'-.'.:-:',,,,‘: ;r'''',7 ,'.';',:',•-4-.',77:',..',-": ...-":...* .'',.,_....,- •.,,,;7..:", ':•••''•... .;.' . t OSHA's Form 300A (Rev. 01/2004-) Year 20 I 9 Summary of Work-Related Injuries and Illnesses U.S.Department of Labor Occupational Safety and Health Administration . . . . ,...-,....-..,- ...-.. ,.-:•••. , ....::::-......,,,,:,,,,,,,,,,,,:.,,,,,,,,,,...-::-mPv..N,Y-T,'::,, ,,,, ,Yv,,,,,,,,fzaxt.wmral,,'-', F,Tri approve,"OMB no.1218-0176 — _----- Ail establishments covered by Part 1904 must complete this Summary pace,even if no work-related injuries or illnesses occurred during the year.Remember to review the Log - to verity that the entries are complete and accurate before completing this summary Using the Log,count the individual entries you made for each category.Then write the totals below,making sure you've added the entries from ever/page of the Log.If you Establishment information had no cases,write.0." Your establishment name Fazzone Construction Co. , Inc. Erriployees,former employees,and their representatives have the right to review the OSHA Form 300 in its entirety They also have limited access to the OSHA Form 301 or its equivalent.See 29 CFR Part 1904.35,in OSHA's reoordkeeping rule,for further details on the access provisions for these forms. Street 1302 W Bianco Rd - .. V City San Antonio State TX ZIP - Number of Cases .. ., .. . Total number of Total number of Total number of Total number of Industry description(e.g‘,Manufacture qf motor truck trailers) I deaths cases with days cases with job other recordable Construction away from work transfer or restriction cases I Standard Industrial Classification(SIC),if known(e.g.,3715) 0 O . Q Q .. : 1 5 4 2 .... (G) (H) (1) (J) OR North American Industrial Classification(NAICS),if known(e.g.,336212) Number of Days . Total number of days away Total number of days ofjob Employment information(If you don't have these figures,see the from work transfer or restriction Works/wet on the back oft/us page to estiniak.) 0 0 Annual average number of employees 2 2 (K) (L) Total hours worked by all employees last year 4 5 , 7 6 0 Injury and Illness Types , Sign here Total number of. . Knowingly falsifying this document may result in a fine. . (M) (i) Injuries i (4) Poisonings ____a_ Pi , i . (5) Hearing loss 0 I certi i fy tlat I havefr4mmed this document and that to the best of my 1- i knowlediti.e the enr,s are true,accurate,and complete. (2) Skin disorders 0 (6)All other illnesses 0 r , (3) Respiratory conditions com 0 i I President Title (,..,21(1)408-901,5 i t" gl; ho ne V '''' Post this Summary page from February 1 to April 30 of the year following the year covered by the form. Public reporting burden for this collection of information is estimated to average 58 minutes per response,including time to review the instructions,search anti 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 - comments about these estimates or any other aspects of this data collection,contact:US Department of Labor,OSHA Office of Statistical Analysis,Room N--364 4,2(X)Constitution Avenue,NW, Washington,DC 20210.Do not send the completed forms to this office. ...... .,. _ _ .--.- -,•- ..'. , ..'7., ' '' ' ...:-'-'41 _1r . -, _ - - ' ' - .=.- . - , , , -...',-;.- i'::.,, -. .' ..t,' : ':...,.'.."' .'. . .'...',', :,...! .:: .7, ..,";:-----1 ,--H,:.,.1,-,.:. ,,-,.. t.,;,-.,,--,7.:, ',^''' ..:"." , • ' ' ' '''' , ' . , ,. " ., . . „ I 1 I I I I I i 1 I 1 f 1 I I OSHA'S Form 300A (Rev. 0 2004 Year 20 1 8 Summary of Work-Related an u sses U.S. Department of Labor Occupational Safety and Health Administration .. .... ::;..... :-...... ... '.. ..... ..: :: :- .- + to:,:::?-axa:» r..t:. ..r•< y .. ..............:........... .._.:....i...''may........:........,,:.:::....:....::. ...,.,:.;. . -s.,,.;..._...'.�€€:..........,..r.<..., .... ..: .. .. ... .... Form approved OMB no.1218-0176 All establishments covered by Part 1904 must complete this Summary page,even if no work-related injuries or illnesses occurred during the year.Remember to review the Log to verify that the entries are complete and accurate before completing this summary. Using the Log, count the individual entries you made for each category Then write the totals below,making sure you've added the entries from every page of the Log.if you Establishment information had no cases,write"0. Employees,former employees,and their representatives have the right to review the OSHA Form 300 in its entirety. They also have limited access to the OSHA Form 301 or Your establishment name Fa z ion e Construction Co. , Inc. its equivalent.See 29 CFR Part 1904.35,in OSHA's recordkeepino rule,for further details on the access provisions for these forms. Street 13 02 W Bianco Rd City San Antonio State TX ZIP Number of Cases • - '- ji,,,,. Total number of Total number of Total number of Total number of Industry description(e.g.,MauuJuctnr'of motor tnnck trailers) deaths cases with days cases with job other recordable Construct?°n away from work transfer or restriction cases Standard industrial Classification(SIC),if known(e.g.,3715) 0 0 0 0 1 5 4 2 (G) (H) (1) (J) OR North American Industrial Classification(N CS),if known e.g. 336212) a Number of Days _ Total number of days away Total number of days of job Employment information E f yen don't have thhese_figures,see the Ill.rksheet on the back of this page to estimate.) from work transfer or restriction - 0 0 Annual average number of employees 1 7 (K) (L) Total hours worked by all employees last year 3 5.3 6 0 . Injury and Illness.Type, 1 Sign here Total number of. . . I knowingly falsifying this document may result in a fine. (M) (1) Injuries 0 (4) Poisonings 0 n I ccr tif-that Ihave examined this document and that to the best of my (5) Hearing loss V know dge tli 4ntries are true,accurate,and complete. (2) Skin disorders _ t J Q ,6)All other illnesses 0 1 I il (3) Respiratory conditionsI President Lutnpflrpv executive Title Yf (210)408-9095- f //' 2oi Phone Date Post this Summary page from February 1 to April 30 of the year following the year covered by the form. Public reporting burden for this collection of information is estimated to average 58 minutes per response,including time to review the instructions,search and gather the data needed,and complete and review the collection of infornsalicn.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 other aspects of this data collection,contact:US Department of Labor,OSHA Office of Statistical Analysis,Room N-3644,200 Constitution Avenue,NW, Washington,DC 20210.Do not send the completed forms to this office. • , OSHA 5s Form 300A (Rev. 01 2004 Year 20 1 7 Summary of Work-Related and Illnesses U.S. Department of Labor Occupational Safer and health Administration ,;.., P Y .:p}. � ..:. . ....... :............. 1. .-C/l.:.. /}' Form approved OMB so.1218-0176 All establishments covered by Part 1904 must complete this Summary page,even if no work-related injuries or illnesses occurred during the year.Remember to review the Log to verify that the entries are complete and accurate before completing this summary. Using the Log,count the individual entries you made for each category Then write the totals below,making sure you've added the entries from every page of the Log.If you Establishment information had no cases,write"0." Employees, r A� representatives A '+n t F it m T tA�'accessthe OSHA Your establishment name F'a Z z one Construction Co. , Inc. employees,former employees,and their have the right to review the OSHA Form 300 in._s entirety.They also nave limitea to the OSHA Form 301 or its equivalent.See 29 CFR Part 1904.35,in OSHA's recordkeeping rule, for further details on the access provisions for these forms. Street 13 02 W Bianco Rd -- - ._ City San Antonio State TX ZIP :A lumber.er.of:Cases _fi s., r- _ . - :_ f Total number of Total number of Total number of Total number of Industry description(co.,Manufacture of motor truck trailers) deaths cases with d2 ys cases with job other recordable Construction away from work transfer or restriction cases i Standard Industrial Classification(SIC),if known(e.g.,3715) O 0 0 0 , 5 4 2 (G) (H) (I) (J) OR North American Industrial Classification(NAICS),if known(e.g.,336212) n '...: ."w. .. _ rim - N ber- of Days - Employment information;I ors don't have these rr ures,secs the Total number of days away Total number of days of job _ Y _figures, from work transfer or restriction ; Itbrksheet on the back of this page to estimate.) 0 9 Annual average number of employees 17 (K) (L) Total hours worked by all employees last year 3 5 f 3 6 0� Injuryand"Ripest Typos:- Sign here Total number of.. . Knowingly falsifying this document may result in a fine. (M) (1) Injuries __i)! (4) Poisonings _ 0 _ I certify th I have examined this document and that to the best of my (5) Hearing loss knowled d the en 1,s are true,accurate,and complete. (2) Skin disorders 0__ (6)All other illnesses O `l (� �� President (3) Respiratory conditions ,,) r Co:»in �re 1 icie (210)408-9095- C 4/ 20i6-- Phone Date Post this Summary page from February 1 to April 30 of the year following the year covered by the form. Public reporting burden for this collection of infc.t-^cation is estimated to average 58 minutes per response,including time to review the instructions,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 other aspects of this data collection,contact:US Department of Labor,OSHA Office of Statistical Analysis,Room N-3644,200 Constitution Avenue,NW, - Washington,DC 20210.Do not send the comp!:•:ed forms to this office. .ram.. �., �, - ...� .. .. _ '9[_'I_ •''°-'7�1'�.;"i► _.i-SIC" .P'.if....s.r .. -• _ . - . - - - .. _ ....+-1 . r : - - _ .. iT._ fir' '�r1Utir,- .�y•�: - - a'.�_ ?7r ..,.,,i:r._� _ - r+ _. .. - -- _ •e -. ...s. _ ... -�-:•s .cM ... .:. --.7'.--: _ .. .�� _• .. _. . '�4-�aaw-: .�.-' _ --�•�.�--=.� .�vs` +.-a!�� c'7'"��'-.c. �. ..... r�.. � - ��: �� ..a'..tF"ram'r�-^- �—. ;��. �.. _.�.... ._�.. .�'.i�'•wr .- � _ .+ �.. :.*d.,.�'.� + .. .'«�� .. . _ °-�-act. �. � �+• .. Y i nr r•umn�n�ak 11',Miny��t n,nN�R '�HSll tJ d'•fo+d�au33� iOiB�,hN�niryrynn�rF88 City of Round Rock, Texas Contract Forms OEM Standard Form of Agreement: Section 00500 City of Round Rock, Texas Standard Form of Agreement between Owner and Contractor rTh AGREEMENT made as of the (Q )day of Prii, in the year 20 BETWEEN the Owner: City of Round Rock,Texas(hereafter"Owner"or"City") 221 East Main Street Round Rock,Texas 78664 and the Contractor z.zo rtC. COns6.wcA•=ar► ed., "CAC.• ("Contractor") The Project is described as: site preparation,demolition and haul-off,general site concrete work design and installation of engineered ,ost-tensioned concrete slab,court surfacing application, AIM court line.pplication,and insiallation_of new haskethall,gals _and_u.et sleeves, The Engineer is: Katie Baker,PLA. City of Round Rock 301 W.Bagdad, Ste.#250 Round Rock,Texas 78664 SIM For and in consideration of the mutual terms, conditions and covenants of this Agreement and all accompanying documents between Owner and Contractor, the receipt and sufficiency of which are hereby - acknowledged,Owner and Contractor agree as follows: ARTICLE I THE CONTRACT DOCUMENTS The Contract Documents consist of this Agreement,Conditions of the Contract(General,Supplementary and other Conditions),Drawings, Specifications, Addenda issued prior to execution of this Agreement, other documents listed in this Agreement and Modifications issued after execution of this Agreement;these form the Contract,and are as fully a part of the Contract as if attached to this Agreement or repeated herein. The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations,representations or agreements, either written or oral.An enumeration of the Contract Documents,other than Modifications,appears in Article 7. ARTICLE 2 THE WORK OF THIS CONTRACT Contractor shall fully execute the Work described in the Contract Documents,except to the extent specifically indicated in the Contract Documents to be the responsibility of others. 00500 4-2020 Page 1 of 5 Standard Form of Agreement 00443647 ARTICLE 3 DATE OF COMMENCEMENT;RATE OF SUBSTANTIAL COMPLETION;DATE OF ^� FINAL COMPLETION 3.1 The date of commencement of the Work shall be the date of this Agreement unless a different date is stated below or provision is made for the date to be fixed in a Notice to Proceed issued by Owner. 3.2 The Contract Time shall be measured from the date delineated in the Notice to Proceed. 3.3 Contractor shall commence Work within ten (10 ) calendar days from the date delineated in the Notice to Proceed. 3.4 Contractor shall achieve Substantial Completion of the items of Work listed on Attachment A to this Agreement no later than sixty ( 60 )calendar days from issuance by Owner of Notice to Proceed, and Contractor shall achieve Substantial Completion of the entire Work no later than sixty (60 )calendar days from issuance by Owner of Notice to Proceed, subject to adjustments of this Contract Time as provided in the Contract Documents. 3.5 If Contractor fails to achieve Substantial Completion of the Work(or any portion thereof)on or before the date(s)specified for Substantial Completion in the Agreement,Contractor shall pay to Owner,as liquidated damages, the sum of two hundred fifty and No/100 Dollars($ 250.00 ) for each calendar day that Substantial Completion is delayed after the date(s) specified for Substantial Completion. It is hereby agreed that the liquidated damages to which Owner is entitled hereunder are a reasonable forecast of just compensation for the harm that would be caused by Contractor's failure to achieve Substantial Completion of the Work(or any portion thereof)on or before the date(s)specified f Substantial Completion in the Agreement and is not a penalty. It is agreed that the harm that would be caused by such failure, which includes loss of expected use of the Project areas,provision of alternative storage facilities and rescheduling of ,., moving and occupancy dates, is one that is incapable or very difficult of accurate estimation.It is hereby agreed that if Substantial Completion of the Work(or any portion thereof) is not achieved on or before thirty(30)days after the date(s) specified for Substantial Completion in the Agreement, the Owner shall have the option to either collect liquidated damages as set forth herein or to thereafter rely on its remedies under the Contract Documents and at law and in equity, including without limitation, the recovery of actual damages. The date(s) specified for Substantial Completion of the Work(or any portion thereof in the Agreement shall be subject to adjustment as provided in the Contract Documents. 3.6 Contractor shall achieve Final Completion of the entire Work no later than ninety (90 )calendar days from issuance by Owner of Notice to Proceed. ARTICLE 4 CONTRACT SUM 4.1 Owner shall pay Contractor the Contract Sum in current funds for Contractor's full and complete performance of the Work and all of Contractor's obligations under this Agreement. The Contract Sum shall be one hundred fife-five thousand,two hundcestmysnty-s.even dollars and seventy-three cents ($ 155,277.73 ),subject to additions and deductions as provided in the Contract Documents. 4.2 Does the Contract Sum include alternates which are described in the Bid Form? No X Yes .If yes,please provide details below: N/A 00500 4-2020 Page 2 of 5 Standard Form of Agreement 00443647 ARTICLE 5 PAYMENTS 5.1 PROGRESS PAYMENTS 5.1.1 Based upon Applications for Payment submitted to Engineer and Owner by Contractor,and Certificates for Payment issued by Engineer and not disputed by Owner and/or Owner's lender,Owner shall make progress payments on account of the Contract Sum to Contractor as provided below, in Article 14 of the General Conditions, and elsewhere in the Contract Documents. 5.1.2 The period covered by each Application for Payment shall be one calendar month ending on the last day of the month. 5.1.3 Provided that an Application for Payment is received by Engineer and Owner, and Engineer issues a Certificate of Payment not later than the tenth (loth) day of a month, Owner shall make payment to Contractor of amounts approved by the Owner not later than the tenth(10th)day of the next month.If an Application for Payment is received by Engineer and Owner after the application date fixed above,payment shall be made by Owner not later � than one month after the Engineer issues a Certificate for Payment. The Owner shall not have any obligation to pay any amount covered by the Engineer's Certificate for Payment that is disputed by the Owner. 5.1.4 Each Application for Payment shall be based on the most recent schedule of values submitted by Contractor in accordance with the Contract Documents.The schedule of values shall allocate the entire Contract Sum among the various portions of the Work. The schedule of values shall be prepared in such form and supported by such data to substantiate its accuracy as Engineer and Owner may require.This schedule,unless objected to by Engineer or Owner, shall be used as a basis for reviewing Contractor's Applications for Payment. 5.1.5 Applications for Payment shall warrant the percentage of completion of each portion of the Work as of the end of the period covered by the Application for Payment. 5.1.6 Subject to other provisions of the Contract Documents, the amount of each progress payment shall be computed as provided in Article 14 of the General Conditions. pm, 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 p.m .2 a final Certificate for Payment has been issued by Engineer and approved by the Owner. 5.2.2 Owner's final payment to Contractor shall be made no later than thirty (30) days after the issuance of Engineer's final Certificate for Payment. In no event shall final payment be required to be made prior to thirty(30) days after all Work on the Contract has been fully performed.Defects in the Work discovered prior to final payment shall be treated as non-conforming Work and shall be corrected by Contractor prior to final payment,and shall not be treated as warranty items. 'MI ARTICLE 6 TERMINATION OR SUSPENSION 6.1 The Contract may be terminated by Owner or Contractor as provided in Article 15 of the General Conditions. 00500 4-2020 Page 3 of 5 Standard Form of Agreement 00443647 6.2 The Work may be suspended by Owner as provided in Article 15 of the General Conditions. ARTICLE 7 ENUMERATION OF CONTRACT DOCUMENTS 7.1 The Contract Documents,except for Modifications issued after execution of this Agreement,are enumerated as follows: 7.1.1 The Agreement is this executed version of the City of Round Rock, Texas Standard Form of Agreement between Owner and Contractor,as modified. 7.1.2 The General Conditions are the "City of Round Rock Contract Forms 00700," General Conditions, as modified. 7.1.3 The Supplementary,Special,and other Conditions of the Contract are those contained in the Project Manual dated January 2021 "^ 7.1.4 The Specifications are those contained in the Project Manual dated January 2021 7.1.5 The Drawings, if any,are those contained in the Project Manual dated January 2021 7.1.6 The Insurance&Construction Bond Forms of the Contract are those contained in the Project Manual dated January 2021 ,orm 7.1.7 The Notice to Bidders,Instructions to Bidders,Bid Form,and Addenda,if any,are those contained in the Project Manual dated January 2021 7.1.8 If this Agreement covers construction involving federal funds, thereby requiring inclusion of mandated ow" 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: pow, N/A ARTICLE S MISCELLANEOUS PROVISIONS 8.1 Where reference is made in this Agreement to a provision of any document, the reference refers to that provision as amended or supplemented by other provisions of the Contract Documents. 8.2 Owner's representative is: Katie Baker,PLA City of Round Rock 301 Vll.BaQdad,Ste.#250 Round Rock,`Texas 78664 8.3 Contractor's representative is: Pa.i Wkaff+,nc rnQZews O.6rlAkjat1 e*. �=tlG- 3• - 514)to. KJ. �&PI Atiphi,i rx ii 2 3 2- 8.4 Neither Owner's nor Contractor's representative shall be changed without ten(10)days'written notice to the "o" other party. 00500 4-2020 Page 4 of 5 Standard Form of Agreement 00443647 8.5 Waiver of any breach of this Agreement shall not constitute waiver of any subsequent breach. 8.6 Owner agrees to pay Contractor from available funds for satisfactory performance of this Agreement in accordance with the bid or proposal submitted therefor, subject to proper additions and deductions,all as provided in the General Conditions, Supplemental Conditions, and Special Conditions of this Agreement, and Owner agrees to make payments on account thereof as provided therein. Lack of funds shall render this Agreement null and void to the extent funds are not available. This Agreement is a commitment of City of Round Rock's current revenues only. 8.7 Although this Agreement is drawn by Owner,both parties hereto expressly agree and assert that,in the event of any dispute over its meaning or application,this Agreement shall be interpreted reasonably and fairly,and neither more strongly for nor against either party. 8.8 This Agreement shall be enforceable in Round Rock,Texas, and if legal action is necessary by either party with respect to the enforcement of any or all of the terms or conditions herein, exclusive venue for same shall lie in Williamson County, Texas. This Agreement shall be governed by and construed in accordance with the laws and court decisions of the State of Texas. 8.9 Both parties hereby expressly agree that no claims or disputes between the parties arising out of or relating to this Agreement or a breach thereof shall be decided by an arbitration proceeding, including without limitation,any proceeding under the Federal Arbitration Act(9 USC Section 1-14)or any applicable state arbitration statute. 8.10 The parties, by execution of this Agreement, bind themselves, their heirs, successors, assigns, and legal representatives for the full and faithful performance of the terms and provisions hereof. This Agreement is entered into as of the day and year first written above and is executed in at least two (2) original copies,of which one is to be delivered to Owner. OWNER CONTRACTOR fAllON6 cT.Ic • / igt . - CITY OF OUND ROC ,TEXAS � � AIM � � h ] Printed Name: 11J 1 ;V Printed lame. Titlevitkpp-- Title: AIM Date Signed: • Date Signed: (2,0z.g ATTEST: f3fAllia • •' V r City Clerk FOR k I Y,APPROV D AS TO FORM: City Atto3,ey 00500 4-2020 Page 5 of 5 Standard Form of Agreement 00443647 00600 INSURANCE AND CONSTRUCTION BOND FORMS AIM MIND INS BONDS AND INSURANCE INSTRUCTIONS Instruction Sheet r— 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 am. Owner. Please state the title of the authorized person. — MUM man PERFORMANCE BOND Bond No. 107367265 THE STATE OF TEXAS § KNOW ALL BY THESE PRESENTS: COUNTY OF WILLIAMSON § eMb That Fazzone Construction Company,Inc. , of the City of Cedar Park , County of Williamson , and State of Texas , as Principal, and .. Tray Comp ny olt"Amgrscaretyauthorized 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 One Hundred Fitly Five Thousand Two Hundred Seventy Seven&73/100*** Dollars ($ 155,277.73 ) 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 as entered into a certain written Agreement with the Owner dated the day of 1,. , 2021 to which the Agreement is hereby referred to and made a part hereof as ly and to the same extent as if copied at length herein consisting of: Site Preparation,Demolition and Haul-Off,General Site Concrete Work,Design and Installation of Engineered Post-Tensioned Concrete Slab,Court Surfacing Application,Court Line Application,and Installation of New -r Basketball Goals and Net Sleeves 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. Mee Page 1 00610 4-2020 Performance Bond 00443639 dINIII PERFORMANCE BOND (continued) Surety, for value received, stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Agreement, or to the Work performed thereunder, or the Plans, Specifications, or drawings accompanying the same, shall in anywise affect its obligation on this bond,and it does hereby waive notice of any such change,extension of time,alteration or addition to the terms of the Agreement, or to the work to be performed thereunder. AIM If Principal fails to faithfully perform said Agreement, Surety, after receipt of written notice of Principal's default,shall perform all of Principal's duties and obligations under the Agreement. If, within ten (10) days after receipt of such notice from Owner, Surety does not commence to complete the obligations of Principal with a contractor acceptable to Owner and diligently complete the performance of the Principal's duties and obligations, Owner shall have the right but not the obligation to have the duties and obligations of Principal performed. In such event, Surety shall pay to Owner, upon demand, all costs,expenses and damages sustained by Owner as a result of Principal's failure to perform its duties and obligations under the Agreement up to the penal sum of this Performance Bond, plus all costs and expenses, including -S attorney's fees and expert and consultant fees incurred by Owner to enforce its rights under this Performance Bond. MIN IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this day of , 20 . .. Fazzone Construction Company,Inc. Travelers Casualty and Surety Company of America Principal Surety eF Courtney J.Goulding Printed N e Printed Name By: By: ::sat_ Title: reji\c - Title: Attorney-in- ct �► _ Address: ,2cc9,tut ,f .. Address: 9601 McAllister Freeway,Suite 700 eVA! 76(0 San Antonio,TX 78216 Resident Agent of Surety: 'ACOWit‘.41104P,-02 ? Signature Courtney J.Gou ing Printed Name 7600-C N.Capital of Texas Hwy.#200 Street Address Austin,TX 78731 City, State&Zip Code AIM " Page 2 00610 4-2020 Performance Bond 00443639 r.. i PAYMENT BOND Bond No. 107367265 THE STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF WILLIAMSON § That Fazzone Construction Company,Inc. , of the City of Cedar Park County of Williamson , and State of Texas , as Principal, and Travelers Casualty and Surety Company of America authorized under the laws of the State of Texas to act as Surety ... on Bonds for Principals, are held and firmly bound unto the CITY OF ROUND ROCK,TEXAS (OWNER), and all subcontractors, workers, laborers, mechanics and suppliers as their interest may appear, all of whom shall have the right to sue upon this bond, in the penal sum of ,IR One Hundred Fifty Five Thousand Two Hundred Seventy Seven&73/100*** Dollars($ 155,277.73 )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 day ofki2-1L- , 2021 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: Site Preparation,Demolition and Haul-Off,General Site Concrete Work,Design and Installation of Engineered M• Post-Tensioned Concrete Slab,Court Surfacing Application,Court Line Application,and Installation of New Basketball Goals and Net Sleeves 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. 1.1111 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 i length herein. MIMI Page 1 00620 04-2020 Payment Bond 00437699 411115 MEI PAYMENT BOND (continued) Surety, for value received, stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Agreement, or to the Work performed thereunder, or the plans, specifications or drawings accompanying the same shall in anywise affect its obligation on this bond,and it does hereby waive notice of any such change,extension of time,alteration or addition to the terms of the contract, or to the work to be performed thereunder. IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this Instrument this day of , 20 . AIM Fazzone Construction Company,Inc. Travelers Casualty and Surety Company of America Principal Surety -z. Courtney J.Goulding Printed N e . Printed Name MEI By: By: Title: cid --- Title: Attorney-in-F t Address: ,z U [A,. ,.f ' c., . —... Address: 9601 McAllister Freeway, Suite 700 CC.. c. `)64 f San Antonio,TX 78216 Resident Agent of Surety: Signature C::;M.)2 Courtney J.Goulding - Printed Name 7600-C N.Capital of Texas Hwy.#200 Street Address Austin,TX 78731 City, State& Zip Code MIMI Page 2 00620 1-2020 Payment Bond 00090656 Aak TRAVELERS POWER OF ATTORNEY Travelers Casualty and Surety Company of America Travelers Casualty and Surety Company St. Paul Fire and Marine Insurance Company Attorney-In-Fact No. 230196 KNOW ALL MEN BY THESE PRESENTS: That Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company are corporations duly organized under the laws of the State of Connecticut (herein collectively called the "Companies"),and that the Companies do hereby make,constitute and appoint Courtney]Goulding,of the City of Austin,State of Texas,their true and lawful Attorney-in-Fact to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory inthe nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF, the Companies have caused this instrument to be signed and their corporate seals to be hereto affixed, this 3rd day of February, 2017. Travelers Casualty and Surety Company of America Travelers Casualty and Surety Company St. Paul Fire and Marine Insurance Company <I• �w,4, sorigN 131CRTFORaccom, Iteifil"Kkomi, r cammi s*, State of Connecticut , By: City of Hartford ss. Robert L.Raney,Senior Vice President On this the 3rd day of February, 2017,before me personally appeared Robert L.Raney,who acknowledged himself to be the Senior Vice President of Travelers Casualty and Surety Company of America,Travelers Casualty and Surety Company,and St. Paul Fire and Marine Insurance Company, and that he,as such,being authorized so to do,executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. �- In Witness Whereof,I hereunto set my hand and official seal. terN My Commission expires the 30th day of June, 2021 C. c+`j0t�e00s` Marie C.Tetreault,Notary Public , PPR This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Travelers Casualty and Surety Company of America,Travelers Casualty and Surety Company,and St.Paul Fire and Marine Insurance Company,which resolutions are now in full tows force and effect,reading as follows: RESOLVED,that the Chairman,the President,any Vice Chairman,any Executive Vice President,any Senior Vice President,any Vice President,any Second Vice President,the Treasurer,any Assistant Treasurer,the Corporate Secretary or any Assistant Secretary may appoint Attorneys-in-Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the !!" Company's name and seal with the Company's seal bonds,recognizances,contracts of indemnity,and other writings obligatory in the nature of a bond, recognizance,or condifion0l undertaking,and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her;and it is pm. FURTHER RESOLVED,that the Chairman,the President,any Vice Chairman,any Executive Vice President,any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company,provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary;and it is FURTHER RESOLVED,that any bond,recognizance,contract of indemnity,or writing obligatory in the nature of a bond,recognizance,or conditional tim""" undertaking shall be valid and binding upon the Company when(a)signed by the President,any Vice Chairman,any Executive Vice President,any Senior Vice President or any Vice President,any Second Vice President,the Treasurer,any Assistant Treasurer,the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary;or(b)duly executed(under seal,if required)by one or more Attorneys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers oPirm pursuant to a written delegation of authority;and it is FURTHER RESOLVED,that the signature of each of the following officers: President,any Executive Vice President,any Senior Vice President,any Vice President,any Assistant Vice President,any Secretary,any Assistant Secretary,and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents,Resident Assistant Secretaries or Attorneys-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof,and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. minm I,Kevin E.Hughes,the undersigned,Assistant Secretary of Travelers Casualty and Surety Company of America,Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company,do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies,which will remain in full force and effect through December 31,2018. Ca/''‘ MP, Kevin E.Hughes,Assistant Secretary Dated this day of piP N,' * ' I,: gem ti k um. .7,, To verify the aenUc of this Power ofAmey,caII24OO21-3MO to contact us. Please refer to the Ay-In-Fanumr, the above-named Individual and the details of the bond to which the power is attached. IMPORTANT NOTICE To obtain information or make a complaint: You may call Travelers Casualty and Surety Company of America and its affiliates' toll- free telephone number for information or to make a complaint at: 1-800-328-2189 You may contact the Texas Department of Insurance to obtain information on companies, coverages, rights or complaints at: 1-800-252-3439 You may write the Texas Department of Insurance: P. O. Box 149104 Austin, TX 78714-9104 Fax: (512)475-1771 Web: http://www.tdi.state.tx.us E-mail: ConsumerProtection@tdi.state.tx.us PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim you should contact your Agent or Travelers first. If the dispute is not resolved, you may contact the Texas Department of Insurance. ATTACH THIS NOTICE TO YOUR BOND: This notice is for information only and does not become a part or condition of the attached document and is given to comply with Texas legal and regulatory requirements. (PN-042-B) Ed.10.18.07 mom Client#:4518 FAZCO ACORDTM CERTIFICATE OF LIABILITY INSURANCE DATE(MNVDDM/YY)3/05/2021 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 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 NAMEA�T Carolym Ruffeno #134 Insurepointe of Texas,Inc. I(A/C, o,Ext): (A/C,No):PHONE 713 9640022 FAX713 964 0044 2909 Hillcroft Ste#200 E-MAIL ADDRESS: Houston,TX 77057-5848 INSURER(S)AFFORDING COVERAGE NAIC# PM, 713 964-0022 INSURER A:Continental Casualty Company 20443 INSURED INSURER B:Texas Mutual Insurance Company 22945 Fazzone Construction Company,Inc. INSURER C:Continental Insurance Company 35289 1302 W.Blanco San Antonio,TX 78232 ENSURER D INSURER E INSURER F COVERAGES CERTIFICATE NUMBER: 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. INSRT ADDL TYPE OF INSURANCE INSR YWD POLICY NUMBERJIMM/DD/YYYY)BR POLICY EFF POLICY EXP LIMITS (MM/DD/YYYY) A GENERAL LIABILITY PMT6078793176 07/26/2020 07/26/2021 EACH OCCURRENCE $1,000,000 X COMMERCIAL GENERAL LIABILITY RIVARHMEoNciarrence) $100,000 CLAIMS-MADE X OCCUR MED EXP(Any one person) $5,000 M1P' X PD Ded:250 PERSONAL&ADV INJURY $1,000,000 X X Contractual Liabilit GENERAL AGGREGATE s2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $2,000,000 POLICY X PRET LOC $ JEC C AUTOMOBILE LIABILITY BUA6078793193 07/26/2020 07/26/2021 r�BcIMD SINGLE LIMIT $1,000,000 X ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS AUTOS NON-OWNED PROPERTY DAMAGE X HIRED AUTOS X AUTOS (Per accident) A X UMBRELLA LIAB X OCCUR CUE6078793212 07/26/2020 07/26/2021 EACH OCCURRENCE $5,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE $$5,000,000 DED X RETENTION sl0,000 S BR WORKERS COMPENSATION SBP0001120588 07/26/2020 07/2612021 X RYTLIMITS ERH AND EMPLOYERS'LIABILITY OFFICER/MEMBER/EXCLUDED?ECUTIVE YY N/A E.L.EACH ACCIDENT $1,000,000 (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 A Owned Equipment PMT6078793176 07/26/2020 07/26/2021 $432,628 Rent/Lease Equip PMT6078793176 07/26/2020 07/26/2021 $50,000 Max per Item Unscheduled Tools PMT6078793176 07/26/2020 07/26/2021 $2.5K/Item;$5K Max EE DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(Attach ACORD 101,Additional Remarks Schedule,if more space is required) Project:Old Setters Park Adult Recreation Complex Basketball Court ming, General Liability and Automobile policy includes a blanket automatic additional insured endorsement that provides additional insured status to the certificate holder when required by written contract between the named insured and the certificate holder that requires such status.The General Liability Blanket mop (See Attached Descriptions) CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Round Rock THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Attn:City Manager ACCORDANCE WITH THE POLICY PROVISIONS. 221 East Main Street Round Rock,TX 78664 AUTHORIZED REPRESENTATIVE I 1. • 444-, ?h 90.4xt„ ©1988-2010 ACORD CORPORATION.All rights reserved. ACORD 25(2010/05) 1 of 2 The ACORD name and logo are registered marks of ACORD #S484852/M477563 CXR DESCRIPTIONS (Continued from Page 1) Additional Insured Endorsement applies to both Ongoing and Completed Operations when required by written contract between the named insured and Certificate Holder that requires such status.The General Liability, Workers Compensation and Automobile policies include a blanket automatic waiver of subrogation endorsement that provides this feature when required by written contract between the named insured and the certificate holder that requires it.General Liability and Automobile policies include a specific notice of cancellation endorsement to the certificate holder providing for 30 days advance notice if the policy is canceled by the company other than for nonpayment of premium, 10 days notice after the policy is canceled ma, for nonpayment of premium.The Workers Compensation Policy has a Blanket 30 Day Notice of Cancellation Endorsement.Notice is sent to certificate holders with mailing addresses on file with the agent or the company.These endorsements do not provide for notice of cancellation if the named insured requests cancellation.General Liability Policy contains Primary Wording.Umbrella Policy follows Form to Underlying Pwi'n Policies. Executive Officer is Excluded from Workers Compensation Coverage. !!'" 71" !Pi", Pi" P.1.1 !"I SAGITTA 25.3(2010/05) 2 Of 2 "„R #S484852/M477563 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 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. CONTRACTO ......................................................................16 � 7. OTHERWORK.........................................................................................................................24..................... .....................................................................24 8. OWNER'S RESPONSIBILITIES.....................................................................................................................25....................................................................................................................25 9. ENGINEER/ARCHITECT' ...............................26 r-, 10. CHANGES IN THE WORK.........................................................................................27...................................................27 11. CHANGE OF CONTRACT AMOUNT.............................................................................................................28............................................................................................................28 12. CHANGE OF CONTRACT TIMES.................................................................................................................31 13. TESTS AND INSPECTIONS;AND CORRECTION OR REMOVAL OF DEFECTIVE WORK...................... ............................32 "P", 14. PAYMENTS TO CONTRACTOR AND COMPLETION...................................................................................35.................................................................................35 15. SUSPENSION OF WOR ......................................................39 16. DISPUTE RESOLUTION.........................................................................................................41. ........ ....................................................................................................................41 17 RIGHT TO AUDIT 18. MISCELLANEOUS.........................................................................................................................................43 pm, smik 00700 04-2020 Page 1 General Conditions 00443641 mip GENERAL CONDITIONS ma, 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. r., 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. op, 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 fon, 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. 0044 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 001,m 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 r 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. Pm" 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. "4" 1.19 Field 9rder-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 !Ps, 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 rw 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 Fl" Memorial Day Last Monday in May lndep;ndence Day July 4 Labor II ay First Monday in September Veter-n's Day November 11 !si‘" ThankSgiving Day Fourth Thursday in November Friday after Thanksgiving Friday after Thanksgiving Christ as Eve December 24 Christ as Day December 25 r"" 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. RN, 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 pm, 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. ow, 1.30 Project Manual - That portion of the Contract Documents which may include the following: introductory information; bidding requirements, Contract forms and General and Supplemental General Conditions; General ,., Requirements; Specifications; Drawings; Project Safety Manual; and Addenda. 1.31 Proposal—Proposal of Offeror, on prescribed forms setting forth prices for performing the Work described in the Contract Documents. 1.32 Proposal Documents—The advertisement or invitation for Proposals, Instruction to Offerors, the Proposal form, the Contract Documents and Addenda. 1.33 Resident Project Representative-The authorized representative of E/A who may be assigned to the site or any part thereof. 1.34 Shop Drawings -All drawings, diagrams, illustrations, schedules and other data or information which are specifically prepared or assembled by or for the CONTRACTOR and submitted by the CONTRACTOR as required by the Contract Documents. 1.35 Specifications -Those portions of the Contract Documents consisting of written technical descriptions as applied to the Work, which set forth to the CONTRACTOR, in detail, the requirements which must be met by all materials, equipment, construction systems, standards,workmanship, equipment and services in order to render a completed and useful project. 1.36 Substantial Completion - The stage in the progress of the Work when the Work, or designated portions thereof, may still require minor modifications or adjustments but, in the OWNER's opinion,the Work has progressed PINN, 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. pi" 00700 04-2020 Page 4 General Conditions poR 1.37 Subcontractor-An individual, firm, or corporation having a direct contract with the CONTRACTOR for the performance of a part of the Work. r^ 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. paa, 1.39 Superintendent - The representative of the CONTRACTOR authorized in writing to receive and fulfill instructions from Owner's Representative, and who shall supervise and direct construction of the Work. 1.40 Supplemental General Conditions-The part of the Contract Documents which either amends or supplements the General Conditions. All General Conditions which are not so amended or so supplemented shall be considered as remaining in full force and effect. 1.41 Supplier-An individual or entity having a direct contract with the CONTRACTOR or with any Subcontractor or Sub-subcontractor to furnish materials or equipment to be incorporated in the Work by the CONTRACTOR or any Subcontractor. 1.42 Time extension Request-An approved request for time extension on a form acceptable to the OWNER. 1.43 Work The entire completed construction, or the various separately identifiable parts thereof, required to be furnished under the Contract Documents. 1.44 Working Day - Any day of the week, not including Saturdays, Sundays, or Legal Holidays, in which conditions not under the CONTRACTOR's control will permit work for at least seven(7)hours of the Working Times. Upon authorization by the Owner's Representative, work on Saturdays, Sundays and/or Legal Holidays may be allowed and, in that event, a Working Day will be counted for each such day. 1.45 Working Times —Times of day(s) during which work may be performed. Unless authorized by Owner's Representative, all Work shall be performed between 7:00 a.m. and 6:00 p.m. on weekdays and, if previously authorized as provided for in paragraph 1.44 or paragraph 1.6 herein, as applicable, between 9:00 a.m. and 6:00 p.m. on Saturdays, Sundays or Legal Holidays. When the CONTRACTOR has been authorized to perform Work during hours outside Working Times, such hours shall be considered time worked on Working Day contracts. Notwithstanding the preceding, emergency work may be done without prior permission only as provided in paragraph 6.11.5 herein. 1.46 Written Notice-Written communication between the OWNER and the CONTRACTOR. Written Notice shall be deemed to have been duly served if delivered in person to Owner's Representative or to the CONTRACTOR's duly authorized representative, or if such Written Notice is delivered to or sent by registered or certified mail to the attention of Owner's Representative or to the CONTRACTOR's duly authorized representative at the last business mu" address known to the party giving notice. r 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. paw 2.2 Copies of Documents: The OWNER shall furnish to the CONTRACTOR two (2) copies of the Contract Documents unless otherwise specified. Pol 00700 O42O2O 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 pan, 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; pm, .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; 0. .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. SimiR 00700 04-2020 Page 6 General Conditions r!" 2.6 Initially Acceptable Schedules: Unless otherwise provided in the Contract Documents, the CONTRACTOR shall obtain approval of Owner's fi 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 r^ 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 DQcuments and any provisions of any such law or regulation applicable to the performance of the Work 00700 O42O2O Page 7 General Conditions mot, mr, 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. 0.001 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. Ammi .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 s., 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 EtA. mip ARTICLE 4-AVAILABILITY OF LANDS;SUBSURFACE AND PHYSICAL CONDITIONS; REFERENCE POINTS 4.1 Availability of Lands: gm" 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 ow. 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 r., 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 r^ 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 fo, 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, fa" 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 es" 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 Am' 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 pa, 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 'is" 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, Pint 00700 04-2020 Page 10 General Conditions in'ependent contractors, Subcontractors, leasing companies, motor carriers, owner-operators, e ployees of any such entity, or employees of any entity which furnishes persons to provide services o the Project. "Services" include, without limitation, providing, hauling, or delivering equipment or �^ m aterials, or providing labor, transportation, or other service related to a project. "Services"does not ins lude activities unrelated to the Project, such as food/beverage vendors, office supply deliveries, and d:livery of portable toilets. 5.2.2 The C•NTRACTOR shall provide coverage, based on proper reporting of classification codes and payroll amounts and piling of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.0 1(44)for all employees of the CONTRACTOR providing services on the Project, for the duration of .., the Project. 5.2.3 The 0 NER will not execute the Contract prior to the CONTRACTOR providing all required certificates of coverage. �^ 5.2.4 If the overage period shown on the CONTRACTOR's current certificate of coverage ends during the duration of th Project, the CONTRACTOR must, prior to the end of the coverage period, file a new certificate of coverage with he OWNER showing that coverage has been extended. 5.2.5 The C•NTRACTOR shall obtain from each person providing services on the Project, and provide to the OWNER: ,.., .1 a ertificate 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 n• later than seven(7)days after receipt by the CONTRACTOR,a new certificate of coverage showing e ension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the Project. 5.2.6 The C NTRACTOR shall retain all required certificates of coverage for the duration of the Project and for one(1)year thereafter. 5.2.7 The C•NTRACTOR 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 a y person providing services on the Project. mot 5.2.8 The C•NTRACTOR 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 thy are required to be covered, and stating how a person may verify coverage and report lack of coverage. 5.2.9 The C NTRACTOR 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 O42O2O Page 11 General Conditions .4 obtain from each other person with whom it contracts, and provide to the CONTRACTOR: oak 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 ^N" 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 fop, 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. fents 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. 10014 .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 ro, 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, tosi," 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. too, 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 ow, relative to this Project. b) Completed Operations/Products Liability for the duration of the warranty period. omm, c) Explosion, Collapse and Underground (X, C &U)coverage. d) Independent Contractors coverage. pop e) Aggregate limits of insurance per project, endorsement CG 2503. melt 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: ma, .1 A combined bodily injury and property damage limit of$500,000 per occurrence. 5.3.1.5 Builders' Risk Insurance. mot 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 tow. 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 ft.. Contract Time is 60 Calendar DaysI4O 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, fo" 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. pa" .1 If the Contract Amount exceeds $50,000, CONTRACTOR shall furnish OWNER with a Payment Bond in the form set out by OWNER. fi .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. "go4 00700 O42O2O Page 15 General Conditions amok mink 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 am, 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 o" 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, ma, 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 pm% 1..., 6.2.4 Substi utes and"Approved Equal" Items: f...... 6.2.4.1 When ver 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 t pe,function and quality required. Unless the specification or description contains words reading that no like, equiva ent or"approved equal" item or no substitution is permitted, other items of material or equipment of "o, 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. i......, 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 0..., 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 ti..., 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 r^ 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. fps, 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: 0...., 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: 0...., .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. 0,., pm, 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. omml 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 fwm, 6.5.2 The CONTRACTOR shall pay all royalties and license fees and shall provide, prior to commencement of Work hereund r and at all times during the performance of same, for lawful use of any design, device, material or process coverd by letters, patent or copyright by suitable legal agreement with the patentee, copyright holder, or ^' their duly auth.rized representative whether or not a particular design, device, material, or process is specified by the OWNER. 6.5.3 The ONTRACTOR 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 attorneys 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 eserves the right to provide its own defense,with counsel of its own choosing,to any suit or claim of infringement o 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 0 NER shall have the right to stop the Work and/or terminate this Agreement at any time in the event the CONTRAS TOR fails to disclose to the OWNER that the CONTRACTOR's work methodology includes the use of any infringi g design, device, material or process. 6.6 Permi s, Fees: Unless othe ise provided in the Supplemental General Conditions, the CONTRACTOR shall obtain and pay for all constructio permits, licenses and fees required for prosecution of the Work. OW ER 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 •nd Regulations: 6.7.1 The C NTRACTOR shall give all notices and comply with all laws and regulations applicable to furnishing and performin! the Work. Except where otherwise expressly required by applicable laws and regulations, neither the OWNER or E/A shall be responsible for monitoring the CONTRACTOR's compliance with any laws and regulations. 6.7.2 The C•NTRACTOR 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:ir pollution. 6.7.3 If the ONTRACTOR performs any Work that it is contrary to laws or regulations,then the CONTRACTOR shall bear an. shall indemnify, defend and hold OWNER harmless from all claims, costs, losses and damages arising therefr.m; 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 CONTRALTO' of the CONTRACTOR's obligations under Article 3. 6.8 Taxes: 6.8.1 The C•NTRACTOR shall pay all sales, consumer, use and other similar taxes required to be paid by the CONTRALTO' in accordance with the laws and regulations of the State of Texas. 00700 O A-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: opo' 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 9., .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 prop rty and of underground facilities, and utility owners when prosecution of the Work may affect them, and shall coop rate with them in the protection, removal, relocation and replacement of their property. All damage, injury or loss t any property referred to in paragraph 6.11.1.2 and paragraph 6.11.1.3 caused, directly or indirectly, f....., in whole or in part, by the CONTRACTOR, Subcontractor, Supplier or any person or organization directly or indirectly empi yed by any of them to perform or furnish any of the Work or anyone for whose acts any of them may be responsibl , shall be remedied by the CONTRACTOR (except damage or loss attributable to the fault of Drawings or pecifications or to the acts or omissions of the OWNER, or E/A, or E/A's consultant or anyone o.. employed by ny 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 r organization directly or indirectly employed by any of them). The CONTRACTOR's duties and responsibilitie for safety and protection of the Work shall continue until such time as all the Work is completed and 0..., 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 fos., 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. p..4, 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 s...., 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 r.,, 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 !sx..., 00700 O42O2O 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 rw", 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 !ow, 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. 0." 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 ppm, 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 ?..., f....A 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 p.... 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 AN (SUCH CLAIMS,AND AGAINST ALL COSTS,LOSSES,AND DAMAGES(INCLUDING BUT NOT p...., 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. rip, 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 r...., 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 r, Points),Article 7 (Other Work)and Article 14(Payments to the CONTRACTOR and Completion). 8.6 Notic of Claim: Should the O'AJNER suffer injury or damage to person or propertybecause of anyerror, 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) 0., 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 r., 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 0,..., 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. 1....., ARTICLE 9- NGINEER/ARCHITECT'S STATUS DURING CONSTRUCTION 9.1 EIA's Authority and Responsibilities: pim 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 0., 00700 O42O2O 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. MP" 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 fam 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 EIA'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: ow, 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. EtA'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. go, 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 out 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, EtA'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 m., 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 ri" 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. tmws 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 toi owin, 11.4.1 The v:lue of any Work covered by a Change Order or of any Claim for an adjustment in the Contract Amount will bz determined by one or more of the following methods: .1 b application of unit prices contained in the Contract Documents to the quantities of the items involved. .2 b a mutually agreed lump sum properly itemized and supported by sufficient substantiating data to pos, p=rmit evaluation. .3 b cost of Work plus the CONTRACTOR's fee for all overhead costs and profit(determined as provided in paragraph 11.5). 11.4.2 Befor; using the method described in paragraph 11.4.1.3, the OWNER and the CONTRACTOR agree to negotiate a Ohange 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 f Work: If neither of th methods defined in paragraph 11.4.1.1 or paragraph 11.4.1.2 can be agreed upon before a change ?is", 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 mo, 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 fl"A 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 mint, 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 oat 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: pot .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 mei 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 PIP 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 Time$(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 ot be considered justification for extension of Contract Times on Calendar Day contracts, except as provided for in paragraph 12.2. 12.1.4 The 0 NER will consider time extension requests and may grant the CONTRACTOR an extension of time because of: .1 C anges ordered in the Work which justify additional time. .2 FiIure of materials or products being at the Project site due to delays in transportation or failures of S ppliers,for which the CONTRACTOR, a Subcontractor or a Supplier is not responsible. The request fo an extension of time shall be supported by a recitation of acts demonstrating that such delays were be,and 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 prdgress 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 O42O2O 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 purpoes ontracts, expected normal weather will prevent performance of Work: m0, 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 000, 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: opt 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. 9,00 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 os, inspections,tests or approvals required by the Contract Documents except: .1 for inspections, tests or approvals covered by paragraph 13.3.3 below; pow, .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 to" 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 r, 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 00+ 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 ow" 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 caims, costs, losses and damages will include but not be limited to all costs of repair or replacement of work of oth rs destroyed or damaged by correction, removal or replacement of the CONTRACTOR's defective Work and any :nd all consultant, expert and attorneys fees incurred by OWNER as a result of OWNER's correction of defective WI RK. The CONTRACTOR shall not be allowed an extension of the Contract Times (or Milestones), or claims of cl:mage because of any delay in the performance of the Work attributable to the exercise by the OWNER of th: OWNER's rights and remedies hereunder. 13.9 ACCE TANCE OF DEFECTIVE WORK If, instead of equiring 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-nd determination to accept such defective Work, including but not limited to any expert, engineering or other cons Itant's fees incurred by the OWNER to investigate such defective Work and/or to determine the appropriate eans or methods and work necessary to allow OWNER to accept the defective Work and CONTRALTO 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 Wor , 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 shal be incorporated in a Change Order. If the parties are unable to agree as to the decrease in the Contract Pric;, then OWNER may impose a reasonable set-off against payments due under the Contract Documents. If he acceptance of defective Work occurs after final payment, CONTRACTOR shall pay to OWNER the above des ribed costs, expenses and damages incurred by OWNER as a result of OWNER's acceptance of defective Wor . foi.! ARTICLE 14-PAYMENTS TO CONTRACTOR AND COMPLETION 14.1 Appli cation for Progress Payment: 14.1.1 Not m're 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 com•leted as of the date of the Application and accompanied by such supporting documentation as is ow.A required by th; Contract Documents or as required by OWNER. 14.1.2 Such .:pplications shall not include requests for payment on account of changes in the Work which have been properly uthorized by Change Directives but not yet included in Change Orders. pm," 14.1.3 Such .:pplications shall not include requests for payment of amounts the CONTRACTOR does not intend to pay to a Su contractor or Supplier because of a dispute or other reason. 14.1.4 Ow er will not pay for materials or equipment not incorporated in the Work but delivered and suitably stored at the s to or at another location. Payment will be made by Owner only for Work completed in accordance with the Contr.:ct Documents. 14.1.5 Wher;the original Contract Amount is less than$400,000, the OWNER will pay to the CONTRACTOR the total amount o approved Application for Payment, less ten percent(10%)of the amount thereof,which ten percent (10%)will be rtained until final payment, less all previous payments and less all sums that may be retained by the OWNER unde the terms of this Agreement. Where the original Contract Amount is$400,000 or more,the OWNER will pay to the ONTRACTOR the total amount of approved Application for Payment, less five percent(5%) of the amount thereon,which five percent(5%)will be retained until final payment, less all previous payments and less all sums that ma be retained by the OWNER under the terms of this Agreement. In either case, if the Work is near completion an,. delay occurs due to no fault or neglect of the CONTRACTOR, the OWNER may pay a portion of the retained a ount to the CONTRACTOR. The CONTRACTOR, at the OWNER's option, may be relieved of the obligation to c•mplete the Work and, thereupon, the CONTRACTOR shall receive payment of the balance due under the Con ract subject to the conditions stated under paragraph 15.2. 00700 OA 2020 Page 35 General Conditions 14.1.E 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, mg' 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. cot 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 opt .2 the quality of the Work is in accordance with the Contract Documents (subject to an evaluation of the Work as a functioning whole prior to or upon Substantial Completion, to the results of any subsequent tests called for in the Contract Documents, to a final determination of quantities and classifications for ,.., unit price Work, and to any other qualifications stated in the recommendation). 14.3.3 By recommending any such payment, Owner's Representative will not thereby be deemed to have represented that: .1 inspections have been made to check the quality or the quantity of the Work or that the Work has been performed in accordance with the Contract Documents; .2 examination has been made to ascertain how or for what purpose the CONTRACTOR has used money previously paid on account of the Contract Amount; ,.., .3 the CONTRACTOR's construction means, methods,techniques, sequences or procedures have been reviewed; or .4 that there may not be other matters or issues between the parties that might entitle the CONTRACTOR - - to be paid additionally by the OWNER or entitle the OWNER to withhold payment to the CONTRACTOR. 14.4 Decisions to Withhold Payment: 14.4.1 The OWNER may withhold or nullify the whole or part of any payment to such extent as may be necessary on account of: .1 defective Work not remedied; 00700 04-2020 Page 36 General Conditions pm, op. .2 reasonable evidence that the Work cannot be completed for the unpaid balance of the Contract Amount; 0., .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; `..k, .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; 0., .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; 0., .10 f ilure of the CONTRACTOR to submit monthly subcontractor reports; .11 t e CONTRACTOR's neglect or unsatisfactory prosecution of the Work, including failure to clean up; o 0., .12 failure of the CONTRACTOR to comply with any provision of the Contract Documents. fia", .13 qwNER's disagreement with the recommendation of the Owner's Representative, provided the WNER 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 he value of Work performed. Payment will be made within thirty (30) calendar days of receipt of approved Appikation for Payment. r 14.5 Delayed Payments: Should the 0 NER fail to make payment to the CONTRACTOR of a sum named in any Application for Payment with which 0 NER agrees and has approved for payment within thirty (30) calendar days after the day on which sii.,' the OWNER eceived the mutually acceptable Application for Payment, then the OWNER will pay to the CONTRALTO', in addition to the sum shown as due by such Application for Payment, interest thereon at the rate of one perce t (1%) per month from date due until fully paid, which shall fully liquidate any injury to the r,., CONTRALTO 7 growing out of such delay in payment. 14.6 Arrea s: rii., No money sha I be paid by the OWNER upon any claim, debt, demand or account whatsoever, to any person, firm or corporation ho 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 0., or account, sh Il affect the right of the OWNER to so offset said amounts, and associated penalties and interest if applicable, ag inst the same. fo., 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 pi" 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 Inor 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 mint 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: tamml 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 mom .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, ous, 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 ps, .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; ows, 00700 O42O2O 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; pm, CONTRACTOR shall not be paid for any profit or overhead for Work not completed. wit 15.3 OWNER May Terminate With Cause: 15.3.1 Upon the occurrence of any one or more of the following events: mg, .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 RN, 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 IPA "..t 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 r., 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 r, 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) 0^ 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 ri, by this paragraph. pi.,4 ARTICLE 16-DISPUTE RESOLUTION 16.1 Filing of Claims: rn., 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 Representativ and the CONTRACTOR shall meet to discuss the Claim, after which an offer of settlement or notification of o settlement offer will be made to claimant. If claimant is not satisfied with the proposal presented, r^ claimant shall ave thirty(30)calendar days in which to: .1 su mit additional supporting data requested by the other party; p.m .2 m dify the initial Claim; or .3 request Alternative Dispute Resolution. ;,....R 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 p^ 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 .m% 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 pop 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 miNR c) If necessary, the extent of the Work performed by the CONTRACTOR at the time of contract termination. pimp, 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.E 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. "uR 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 ON" 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 r., 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): Katie Baker Firm: City of Round Rock Address: 301 W.Bagdad,Suite#250 City, State, Zip: Round Rock,Texas 78664 Telephone: 512.341.335e Facsimile: 512.218.5548 on, Email: kbaker@roundrocktexas.gov 1.27 Owner's Representative: mom Add the following: Name: Katie Baker Title: Park Development Manager Address: 301 W.Bagdad,Suite#250 Pl City, State, Zip: Round Rock,Texas 78664 Telephone: 51 z.3a1.ssss Facsimile: 512.218.5548 mg, Email: kbaker@roundrocktexas.gov ARTICLE 6-CONTRACTOR'S RESPONSIBILITIES 6.18 Liquidated Damages Add the following: 1. CONTRACTOR SHALL PAY LIQUIDATED DAMAGES IN THE AMOUNT OF two hundred fifty dollars ANC NO/I QQ DOLLARS $250.00 PER DAY FOR EACH DAY BEYOND THE DATE ESTABLISHED THEREFOR THAT THE CONTRACTOR FAILS TO ACHIEVE SUBSTANTIAL COMPLETION, AND FOR WHICH OWNER IS UNABLE TO UTILIZE THE IMPROVEMENTS AND FACILITIES DUE TO THE FAILURE OF CONTRACTOR TO HAVE ACHIEVED SUBSTANTIAL COMPLETION IN ACCORDANCE WITH THE --- CONTRACT. END OF SUPPLEMENTAL GENERAL CONDITIONS Page 1 00800 10-2015 Supplemental General Conditions 00090669 00900 SPECIAL CONDITIONS ,., SECTION Ol-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 001, 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 0. such is not the case, the CONTRACTOR will cause such work to be done at his own expense. 00, 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 SION 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 "m, 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. "I" 00900-4-2020 Page 2 Special Conditions 00443643 2258.051. Duty of Public Body to Hear Complaints and Withhold Payment A public body awarding a contract, and an agent or officer of the public body, shall: 1. take cognizance of complaints of all violations of this chapter committed in the execution of the contract; and 2. withhold money forfeited or required to be withheld under this Chapter from the payments to the Contractor under the contract, except that the public body may not withhold money from other than the final payment without determination by the public body that there is good cause to believe that the Contractor has violated this chapter. Applicable wage rates to be used in Williamson and/or Travis County may be obtained from the U.S. Department of Labor website at the following web addresses: Construction Types: Heavy (Sewer/Water Treating Plant and Sewer/Incidental to Highway) http://www.wdol.gov/wdol/scafiles/davisbaconITX33.dvb?v=0 Construction Types: Heavy and Highway http://www.wdol.gov/wdol/scafiles/davisbacon/TX l 6.dvb?v=0 ..� Construction Type: Building http://www.wdol.gov/wdol/scafiles/davisbacon/TX76.dvb?v=1 ,..� 02-04 LIMIT OF FINANCIAL RESOURCES The OWNER has a limited amount of financial resources committed to this Project; therefore, it shall be understood by all bidders that the OWNER may be required to change and/or delete any items which it may feel is necessary to accomplish all or part of the scope of work within its limit of financial resources. CONTRACTOR shall be entitled to no claim for damages or anticipated profits on any portion of work that may be omitted. At any time during the duration of this contract,the OWNER reserves the right to omit any work from this contract.Unit prices for all items previously approved in this contract shall be used to delete or add work per change order. 02-05 LIMITS OF WORK AND PAYMENT It shall be the obligation of the CONTRACTOR to complete all work included in this Contract, so authorized by the OWNER, as described in the contract documents and technical specifications. All items of work not specifically paid for in the bid proposal shall be included in the unit price bids. Any question arising as to the limits of work shall be left up to the interpretation of the E/A. 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 ?Ps., 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. ow) 00900-4-2020 Page 5 Special Conditions 00443643 r 1ke•H+aFV W#'� I III '�y�¢.v.vn n�mnlNMi 4 , fsy..aeaaanwawuuM I I iy.�ae•a�o�ea>�ve 'r.yx� .vNrpii I ' f Sfq]N�p✓e�••vHVc W'oG 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. AIM AIM MIMS 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 "s. 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 thisproject, such stakes markspropertycomers etc., shall be replaced by � the CONTRACTOR at the CONTRACTOR's sole expense. Page 2 01000-4-2020 Technical Specifications 00443645 r•, 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. pipp 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 corner 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 ^1 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. "11' Page 4 01000-4-2020 Technical Specifications 00443645 SECTION 01—GENERAL fmk 1.01 RELATED DOCUMENTS A. Drawings and general provisions of the Contract, including General and ,..,, Supplementary Conditions and other Specification Sections,apply to this Section. 1.02 PROJECT INFORMATION A. Project Identification: Old Settlers Adult Recreation Complex Basketball Court Project 2020 1. Project Location:3300 E. Palm Valley Blvd, Round Rock,TX 78665 B. Project Description:This project involves installing a post-tension multi-use basketball court(including engineering of slab), surfacing,and striping. C. Owner: City of Round Rock 1. Owner's Representative: Katie Baker,301 W. Bagdad Ave.,Suite 250, Round Rock,Texas,78664, (512)341-3355 1.03 WORK COVERED BY THE CONTRACT DOCUMENTS "" A. The base bid consists of the furnishing of all labor, materials,services,and equipment required in conjunction with or properly incidental to the construction of improvements to the Old Settlers Park Adult Recreation Complex Basketball Court Project 2020, including but not limited to, site preparation,demolition and haul-off(if required),general site concrete work,design and installation of engineered post-tensioned concrete slab,court surfacing application,court line application, installation of new fence(alternate),and installation of new basketball goals and pickleball net sleeves, posts, and nets. pm., 1.04 ACCESS TO SITE A. Use of Site: Limit use of Project site to work in areas indicated. Do not disturb portions of Project site beyond areas in which the Work is indicated. 1. Limits: Confine construction operations to the areas indicated in construction plans. 2. Driveways,Walkways,and Entrances: Keep driveways, parking lots,and entrances serving premises clear and available to Owner,Owner's esin employees, public,and emergency vehicles at all times. Do not use these areas for parking or storage of materials. a) Schedule deliveries to minimize use of driveways and entrances by construction operations b) Schedule deliveries to minimize space and time requirements for storage of materials and equipment on-site. 1.05 COORDINATION WITH OCCUPANTS A. Partial Owner Occupancy: Owner will occupy the premises as a public park during entire construction period,with exception of the areas under construction. Cooperate with Owner during construction operations to minimize conflicts and facilitate Owner usage. Perform the Work so as not to interfere with Owner's operations. 1. Maintain access to existing walkways,corridors,and other adjacent occupied or used facilities not under construction. Do not close or obstruct 1 walkways,corridors,or other occupied or used facilities without written permission from Owner and authorities having jurisdiction. 2. Provide not less than 72 hours' notice to Owner of activities that will affect Owner's operations. ram+ 1.06 SCOPE OF WORK A. General Site Work 1. Contractor/Vendor shall utilize Texas811(one call)to locate all underground and overhead utilities. Additionally,Contractor/Vendor shall coordinate with Owner to determine all private utilities in the area, including irrigation, water,and electrical lines. 2. Contractor/Vendor shall install erosion control logs and tree protection fencing per construction drawings. 3. Contractor/Vendor shall install stabilized construction entrance to protect curb and grass area from damage during construction per construction drawings. Construction entrance shall be removed at termination of construction activities. 4. Contractor/Vendor shall provide select fill and/or cushioned sand as needed, per engineered slab plan (refer to next section). 5. Contractor/Vendor shall remove and haul off spoils as necessary. B. Engineered Slab 1. Contractor/Vendor shall provide design for five inch(5")engineered, post- tensioned concrete slab,subsidiary to bid. a) Dig footing for new basketball goals, net posts,and center anchors. b) Dig a 12"wide x 3" beam around the perimeter of existing r.. slab(or as specified by engineer). Dig center beam as designed by engineer. c) Place%:' seven-strand post-tension cables every 3'O.C. maximum(or as specified by engineer)with 2" plastic chairs at all intersections.All tears in sheathing shall be repaired. d) Place(2) pieces of No.4 rebar in all beams(or as specified by engineer). e) Pour 5"thick,minimum 3000 psi concrete slab, no fly ash, no curing agents(or as specified by engineer).Apply a medium broom finish. f) Stress the tendons per engineer specifications. Post- stressing, cut tendons and grout holes with non-shrink grout. g) Allow a minimum of 28 days cure time before applying the acrylic surface. C. Surfacing 1. Contractor/Vendor shall acid etch slab with phosphoric acid,then pressure wash slab clean with a 3500 psi pressure washer. pin 2. Contractor/Vendor shall flood court, mark birdbaths(if any),and repair as per ASBA specifications. 2 3. Contractor/vendor shall apply 1 coat of acrylic adhesion promoter. 4. Contractor/Vendor shall apply minimum one(1) coat of acrylic resurfacer. Contractor/Vendor shall apply additional coats as necessary. 5. Contractor/Vendor shall apply 2 coats of textured acrylic.Surface colors to ,., be determined by Owner prior to installation (See Exhibit A proposed colors —colors shall be approved by Owner prior to installation). a) Surfacing material shall be SportMaster or approved equal. 6. Contractor/Vendor shall follow surfacing material manufacturer installation and curing recommendations. D. Striping 1. Contractor/Vendor shall apply textured WHITE lines per specifications for --_ basketball, including regulation college 3-point line, high school 3-point line, and 3v3 basketball lane striping per Exhibit A.Dimensions provided upon request. 2. Contractor/Vendor shall apply 2"textured RED pickleball lines per Exhibit A. Dimensions provided upon request. E. Accessories 1. Contractor/Vendor shall provide and install (4) Edwards Classic 3" Round Pickleball Net Posts, Edwards Ground sleeves, including Post Sleeve T-Plugs. 2. Contractor/Vendor shall provide and install (2) Edwards Pickleball Net,36" height,with center straps and center strap T-Plugs. 3. Contractor/Vendor shall provide and install (2) PW Athletics Model 1590— Basketball Complete System,6"Square Adjustable Basketball System, Black. 4. All accessories shall be installed per manufacturer installation recommendations. MO, 1.07 SCHEDULE OF WORK A. Shade Structure Coordination: Fabrication of shade structure is currently underway but may not be complete and installed by execution of this Agreement. Contractor shall be responsible for coordinating installation of shade structure if not complete prior to beginning of construction work. Owner will provide fabrication/installation update after agreement is complete. 1. Sequencing of work a) Shade structure shall be installed prior to construction of post-tension concrete court. Post-tension court design shall make accommodations for shade structure footings as "existing conditions." b) Contractor may choose to coordinate with shade structure installation company,if applicable,to install only posts/footings,and schedule a second mobilization to install the shade fabric. Contractor shall be responsible for any additional compensation that may occur due to additional mobilizations. If installation of shade structure is complete prior to finalizing construction contract,this is not an option. c) Shade structure posts shall be protected during concrete pours so as to remain free from concrete overspill, scratches,or dents. 3 _ , - G II !NI 02000 PLANS, DETAILS AND NOTES • II j •pvv.+,a�.�...Nve�� iproi•r+,+�,�r rk'i rp.ya��c�gvdr If applicable, insert reference(s)to project plans; details; and notes ,.. ,... Exhibit A - Court StripingPlan .... .. ,... � ri ..,...;.,:, ,, t - . - 3 3 ,., ,,:::',,:::' .,,,..‹;.„,„ .., ,,,,,, - cl ,,,,,, :: ,, .,:, , , , , iG a ,.. ,._ ____:.............„„sii, ,.. r ■■s .r w THE C1 TY OF ROUND ROCK PARKS& RECREATION DEPARTMENT 301 West Bagdad Round Rods, Texas 78664 (512)218-5540 BID TABULATION CONTRACT : Old Settlers Park Adult Recreation Complex Basketball Court Project 2021 LOCATION:City Hall Chambers PCC Sports Fazzone Construction Hellas Construction,Inc. Partners Remodeling, DATE:January 26,2021 and Waterproofing APPROX. UNIT UNIT UNIT UNIT # ITEM UNIT CITY. PRICE COST PRICE COST PRICE COST PRICE COST 1 Mobilization LS 1 $27,000.00 $27,000.00 $15,946.48 $15,946.48 $4,568.00 $4,568.00 $5,000.00 $5,000.00 2 Stabilized Construction Entrance LS 1 $2,050.00 $2,050.00 $1,200.00 $1,200.00 $5,519.00 $5,519.00 $1,400.00 $1,400.00 3 Temporary Concrete Washout LS 1 $1,000.00 $1,000.00 $650.00 $650.00 $3,136.00 $3,136.00 $1,600.00 $1,600.00 4 Erosion Control Log LF 335 $5.00 $1,675.00 $4.75 $1,591.25 $11.00 $3,685.00 $5.00 $1,675.00 5 Unclassified Excavation and haul off LS 1 $18,400.00 $18,400.00 $12,000.00 $12,000.00 $21,691.00 $21,691.00 $7,000.00 $7,000.00 6 5"Thick Engineered Post-Tensioned Concrete Slab SF 7850 $7.19 $56,441.50 $10.00 $78,500.00 $9.52 $74,732.00 $11.00 $86,350.00 7 Baskebail Court Surfacing LS 1 $10,000.00 $10,000.00 $11,875.00 $11,875.00 $8,782.00 $8,782.00 $11,250.00 $11,250.00 8 Basketball Court Striping LS 1 $2,900.00 $2,900.00 $0.00 *included above $866.00 $866.00 $3,000.00 $3,000.00 9 Basketball backboard,goals,and post EA 2 $5,856.78 $11,713.56 $5,045.00 $10,090.00 $6,754.00 $13,508.00 $6,750.00 $13,500.00 Pickleball Net Post Systems,Nets,Center Straps,and T 10 Plugs EA 2 $2,051.82 $4,103.64 $1,100.00 $2,200.00 $1,015.00 $2,030.00 $3,000.00 $6,000.00 11 4"Thick concretewalkway SF 760 $7.14 $5,426.40 $7.50 $5,700.00 $10.49 $7,972.40 $9.00 $6,840.00 12 24"ribbon curb SF 840 $7.36 $6,182.40 $7.50 $6,300.00 $12.84 $10,785.60 $11.50 $9,660.00 13 Shipping container slab and footing LS 1 $5,700.00 $5,700.00 $6,500.00 $6,500.00 $8,361.00 $8,361.00 $4,500.00 $4,500.00 14 Installation of shipping container LS 1 $1,000.00 $1,000.00 $850.00 $850.00 $2,925.00 $2,925.00 $3,900.00 $3,900.00 15 Re-vegetation using Bermuda LS 1 $5,300.00 $5,300.00 $1,875.00 $1,875.00 $2,164.00 $2,164.00 $2,500.00 $2,500.00 A-1 10'Chan Link Fence LF 373 $72.381 $26,997.741 $48.59 $18,124.07 $117.891 $43,972.971 $50.00 $18,650.00 A-2 12'Chain Link Fence Gate EA 1 $1,900.001 $1,900.001 $21,854.07 $21,854.071 $1,214.001 $1,214.001 $1,500.00 $1,500.00 *indicatesdiscrepency between written price and tabulated price TOTAL BASE BID: I 1 1 $158,892.501 1 $155,277.731 1 $170,725.001 1 $164,175.60 i f ROUND ROCK TEXAS PARKS ANO RECRFATION February 5.2021 RE: Recommendation to Award — Old Settlers Park Adult Recreation Complex Basketball Court Prqiect 2021 Dear Mr. Atkins, As you are aware, on January 26, 2021 at 1:00 a.m., seated bids were opened for the above referenced project. A total of(4) bid proposals were submitted, with the lowest total bid submitted by Fazzone Construction in the amount of$155,277.73. Based upon my review of the Bid Tabulation and analysis of the funding available. I recommend the City of Round Rock accept the bid submitted Fazzone Construction as the best value for the City. if additional information is required, please advise. Sincerely, Katie Baker, PLA I ASLA Park Development Manager City of Round Rock—Parks and Recreation Department Mayor Craig Morgan Enclosures Mayor Pro-tern cc: Project File Rene Flores Council:Members Michelle Lr Matthew Baker Frank Chteea Writ Baese Hilda Montgomery City Manager Laurie Hadley City Attorney Stephan L.Sheets CITY OF ROUND ROCK-•PARKS AND RECREA HON DEPAAR"I'MENI'--301 West Bagdad,Suite 250 Round Rock,"Coxas 78664 Phone:512.'_13.55d0-Fac 512.'itS?��^WR\\CCLi"OUnddoek.Is.Us CERTIFICATE OF INTERESTED PARTIES FORM 1295 lofl Complete Nos.1-4 and 6 if there are interested parties. OFFICE USE ONLY Complete Nos.1,2,3,5,and 6 if there are no interested parties. CERTIFICATION OF FILING 1 Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number: of business. 2021-718138 Fazzone Construction Co., Inc. Cedar Park,TX United States Date Filed: 2 Name of governmental entity or state agency that is a party to the contract for which the form is 02/18/2021 being filed. City of Round Rock Date Acknowledged: 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract,and provide a description of the services,goods,or other property to be provided under the contract. 0000000 Old Settlers Adult Complex Basketball Court 2021 Nature of interest 4 Name of Interested Party City,State,Country(place of business) (check applicable) Controlling Intermediary 5 Check only if there is NO Interested Party. ❑ X 6 UNSWORN DECLARATION Carrie Wyman. My name is and my date of birth is 2008 Windy Terrace. Cedar Park TX 78613 My address is (street) (city) (state) (zip code) (country) I declare under penalty of perjury that the foregoing is true and correct. EY,YjJJ4pmson. County, State Texas. on the17.day of Feb. 2021 (month) (year) Signature of authorized agent of contracting bus less entity (Declarant) Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.1.ceffc198a CERTIFICATE OF INTERESTED PARTIES FORM 1295 1 of 1 Complete Nos.1-4 and 6 if there are interested parties. OFFICE USE ONLY Complete Nos.1,2,3,5,and 6 if there are no interested parties. CERTIFICATION OF FILING 1 Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number: of business. 2021-718138 Fazzone Construction Co., Inc. Cedar Park,TX United States Date Filed: 2 Name of governmental entity or state agency that is a party to the contract for which the form is 02/18/2021 being filed. City of Round Rock Date Acknowledged: 02/22/2021 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract,and provide a description of the services,goods,or other property to be provided under the contract. 0000000 Old Settlers Adult Complex Basketball Court 2021 4 Nature of interest Name of Interested Party City,State,Country(place of business) (check applicable) Controlling Intermediary 5 Check only if there is NO Interested Party. X 6 UNSWORN DECLARATION My name is and my date of birth is My address is (street) (city) (state) (zip code) (country) I declare under penalty of perjury that the foregoing is true and correct. Executed in County, State of on the day of ,20 (month) (year) Signature of authorized agent of contracting business entity (Declarant) Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.1.ceffd98a