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Contract - Royal Vista - 5/27/2021 (2) 2•02•1 CITY OF ROUND ROCK Utilities and Environmental Services Department 1 ROUND ROCK TEXAS Project Manual For: Chisholm Valley Water, Wastewater, and Storm Drain Improvements Area 3 April 2021 Prepared By: City of Round Rock AP* ROVED BY CI ATTOEINEY 11`..-11, f��Ll Chisholm Valley Water, Wastewater, and Storm Drain Improvements Area 3 TABLE OF CONTENTS Section Description No. of Pages 00020 Notice to Bidders 1 00100 Instructions to Bidders 4 Exhibit A 1 00200 Bid Bond 4 00300 Bid Form 10 00410 Statement of Bidder's Safety Experience 7 00500 Agreement 5 00600 Insurance & Construction Bond Forms Performance & Payment Bond Instructions 1 Insurance Instructions 1 00610 Performance Bond 2 00620 Payment Bond 2 00650 Certificate of Liability Insurance 1 00700 General Conditions 41 00800 Supplemental General Conditions 2 00900 Special Conditions 5 01000 Technical Specifications 4 Attachment A 13 02000 Plans, Details and Notes 1 8-2016 Table of Contents 00090665 00020 NOTICE TO BIDDERS NOTICE TO BIDDERS Pursuant to the provisions of Texas Government Code, Section 2269.101, it is the intention of the City of Round Rock to select a prime contractor by using the Competitive Bidding Method for the construction of the Chisholm Valley Water, Wastewater, and Storm Drain Improvements Area 3 Project as generally described herein. Sealed bids addressed to Federico Sanchez, City of Round Rock, Utilities and Environmental Services, 3400 Sunrise Road, Round Rock, TX 78665, for furnishing all labor, material, and equipment and performing all work required for the project titled, Chisholm Valley Water, Wastewater, and Storm Drain Improvements Area 3 (The project consists of water, wastewater, storm sewer and paving improvements to the Chisholm Valley Neighborhood. There is approximately 2165 LF of new wastewater line, including replacement of existing lateral services, 333 LF of water line replacement and lateral services, 2800 LF of new storm sewer pipe and box culverts, new storm sewer curb inlets and 2-inches of mill and overlay. ),will be received until April 30, 2021, at 9 a.m., then publicly opened and read aloud at the same address. Bid envelopes shall state the date and time of bid and "Project : Chisholm Valley Water, Wastewater, and Storm Drain Improvements Area 3." 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 the 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 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, Federico Sanchez, 512-218-6609. 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. A non-mandatory Pre-Bid Conference will be held at 3400 Sunrise Road, Round Rock, Texas, on April 22, 2021, at 2 p.m. Publish Dates: Austin American Statesman: April 12, 2021 00020 03-2021 Notice to Bidders 00193093 Page 1 April 19, 2021 Round Rock Leader: April 22,202 1 Pflu2erville Pflag: April 21, 2021 00020 03-2021 Notice to Bidders 00193093 Page 1 00100 INSTRUCTIONS TO BIDDERS 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: roundrocktexas.gov/solicitations. Bidders shall be responsible for printing or obtaining prints of the aforementioned documents as necessary. 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 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 and payment bonds, as stipulated by item 16 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. Page 1 00100 2-2021 Instructions to Bidders 00426487 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 swhitena,roundrocktexas.2ov within ten (10) business days of notification of the award. Instructions for completing a Form 1295 are attached as Exhibit "A" to the Instructions to Bidders. 8. No conditional bids will be accepted. 9. A bidder wishing to withdraw his 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 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. 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 successful bidder, will be returned within sixty (60) days. 12. Until the award of the contract, the City reserves the right to reject any and all bids and to waive technicalities; to advertise for new bids; or to do the work otherwise when the best interest of the City will be thereby promoted. 13. In case of ambiguity or lack of clarity in the statement of prices in the bids, the City reserves the right to consider the most favorable analysis thereof, or to reject the bid. Unreasonable and/or unbalanced prices submitted in a bid may result in rejection of such bid or other bids. 14. Award of the contract, if awarded, will be made based upon the criteria set forth in Section 2269.055 of the Texas Government Code. In determining the award of a contract under Chapter 2269, the City may consider; 1) the price; 2) the bidder's experience; 3) the quality of the bidder's goods or services; 4)the impact on the ability of the City to comply with rules relating to historically underutilized business; 5) the bidder's safety record; 6) the bidder's proposed personnel; 7)whether the bidder's financial capability is appropriate to the size and scope of the project; and 8) any other relevant factor specifically listed in the request for bids. Page 2 00100 2-2021 Instructions to Bidders 00426487 15. Award of the contract, if awarded, will be made within sixty (60) days after opening of the bids, and no bidder may withdraw his bid within said sixty (60) day period of time unless a prior award is made. A Notice to Proceed will be issued within sixty(60) days after contract Execution Date as defined in the General Conditions. 16. Within ten(10) days after written notification of award of the contract, the successful bidder must furnish a performance bond and a payment bond in the amount of one hundred percent (100%) of the total Contract Amount. Said performance bond and payment bond shall be from an approved surety company holding a permit from the State of Texas, indicating it is authorized and admitted to write surety bonds in this state. In the event the bond exceeds $100,000.00, the surety must also (1) hold a certificate of authority from the United States secretary of the treasury to qualify as a surety on obligations permitted or required under federal law; or(2)have obtained reinsurance for any liability in excess of$100,000.00 from a reinsurer that is authorized and admitted as a reinsurer in this state and is the holder of a certificate of authority from the United States secretary of the treasury to qualify as a surety or reinsurer on obligations permitted or required under federal law. In determining whether the surety or reinsurer holds a valid certificate of authority, the City may rely on the list of companies holding certificates of authority as published in the Federal Register covering the date on which the bond is to be executed. 17. Failure to execute the Agreement within ten (10) days of written notification of award or failure to furnish the performance bond and payment bond as required by item 15 above, shall be just cause for the annulment of the award. In case of annulment of the award, the bid security shall become the property of the City, not as a penalty, but as liquidated damages. 18. No contract shall be binding upon the City until it has been signed by its Mayor after having been duly authorized to do so by the City Council. 19. The Contractor shall not commence Work under the Agreement until he has furnished certification of all insurance required and such has been approved by the City, nor shall the Contractor allow any Subcontractor to commence work on his subcontract until proof of all similar insurance that is required of the subcontractor has been furnished and approved. The Contractor's insurer shall use the certificate of insurance form included in the bid documents or the standard ACORD form. 20. If the bidder's insurance company is authorized, pursuant to its agreement with bidder, to arrange for the replacement of a loss, rather than by making a cash payment directly to the City, the insurance company must furnish or have furnished by bidder, a performance bond in accordance with Section 2253.02 1(b), Texas Government Code, and a payment bond in accordance with Section 2253.021(c). 21. Any quantities given in any portion of the Bid Documents, including the drawings (plans), are estimates only, and the actual amount of work required may differ somewhat from the Page 3 00100 2-2021 Instructions to Bidders 00426487 estimates. The basis for payment shall be the actual amount of work done and/or material furnished as specified in the General Conditions. 22. Bids shall be submitted on a separated contract basis. No Texas sales tax shall be included in the prices bid for materials consumed or incorporated into the Work.This contract is issued by an organization which is qualified for exemption pursuant to the provisions of Section 151.309(5) of the Texas Tax Code. The City will issue an exemption certificate to the Contractor. The Contractor must then issue a resale certificate to the material supplier for materials purchased. The Contractor must have a valid sales tax permit in order to issue a resale certificate. Upon obtaining consumable materials, the Contractor will issue a resale certificate in lieu of payment of sales tax, and the following conditions shall be observed; 1) The Contractor will transfer title of consumable, but not incorporated, materials to the City at the time and point of receipt by the Contractor; 2) The Contractor will be paid for these consumable materials by the City as soon as practicable.Payment will not be made directly but considered subsidiary to the pertinent bid item. The Contractor's monthly estimate will state that the estimate includes consumables that were received during the month covered by the estimate; and 3) The designated representative of the City must be notified as soon as possible of the receipt of these materials so that an inspection can be made by the representative.Where practical, the materials will be labeled as the property of the City. 23. The Contractor, after execution of the contract and pursuant to Internal Revenue Service (IRS) regulations, shall furnish its Taxpayer Identification Number (TIN) to the City. The Contractor shall provide the appropriate information on a W.-9 form (which can be provided by the City upon request). This form shall be submitted directly to the City's Accounts Payable Department to ensure security of the information. 24. If the Bid Form includes Add and/or Deduct Alternate bid items and/or otherwise provides for Alternate bids, the City will determine whether to select or not select one or more of the Add and/or Deduct Alternate bid items and/or Alternate bids at the City's sole discretion and for its greatest advantage. If the City selects any Add and/or Deduct Alternate bid items, the total bid amount will be determined by adding the amount of the selected Add Alternates) to, and deducting the amount of the selected Deduct Alternates) from the Base Bid or the selected Alternate bid. Page 4 00100 2-2021 Instructions to Bidders 00426487 EXHIBIT "A" FORM 1295 INSTRUCTIONS Pursuant to Section 2252.90 of the Texas Government Code, as of January 1, 2016, any business entity entering into a contract with a local government that requires approval of the governing body must submit a disclosure of interested parties (Form 1295) to the local governmental prior to the execution of the contract. The Texas Ethics Commission (TEC) has created an electronic filing application for business entities to submit the required information and generate the required form. The City of Round Rock may not enter into a contract that requires the approval of the City Council until the business entity files a Form 1295 with the City Clerk. Please follow the instructions below to file your Form 1295 with the TEC and the City of Round Rock: • Upon being notified of a bid award, the award recipient("business entity")must go to the following website: https://www.ethics.state.tx.us/filinginfo/1295/and follow the login instructions on the website application to complete a Form 1295. ✓ If this is a business entity's first time logging on to the website application, the business entity must create a Username and Password and then follow the application's instructions to complete a Form 1295. ✓ The City does not have a Contract ID Number System. Please insert 000000 and the project name in this box. Do not put the resolution number of the initial agreement if this is a supplemental agreement- only put the project name. ✓ Even if a business entity has no interested parties, Form 1295 still must be completed using the website application and filed with the City Clerk. Please note that there are very few instances that a business will not have any interested parties. Visit the TEC's FAQ page for the definition of an interested party. ✓ If a business is publicly traded, they are exempt from having to complete a Form 1295. Please e-mail the City Clerk stating such. • The business entity MUST print and sign the completed Form 1295 once it has been accepted by the TEC and no longer has DRAFT stamped on it. ✓ The signed Form 1295 must be scanned and e-mailed directly to the City Clerk at swhite@roundrocktexas.gov as soon as it is completed. DO NOT send the form back to the Purchasing Department, Project Manager, or mail it with signed original agreements/contracts. ✓ The City Clerk only has 30 days from receipt to acknowledge the form in the TEC system. If you do not return it to the City Clerk promptly, and the 30 days has expired when she receives it, you WILL have to complete another one. • A new Form 1295 must be done for each contract a business entity enters into with the City, including Supplementals, Amendments, and Change Orders. • A Form 1295 cannot be handwritten. It must be completed electronically through the TEC website application. If you have any questions regarding the process of filing of Form 1295 with the City, please contact: Sara White, City Clerk Phone: (512) 218-5404 E-mail: swhitegroundrocktexas.gov If you have questions regarding the actual form or the online filing application, please visit the TEC's FAQ page: https://www.ethics.state.tx.us/resources/FAQs/FAQ_Form1295.php Revised 8/2020 00200 BID BOND BID BOND THE STATE OF TEXAS KNOW ALL BY THESE PRESENTS: COUNTY OF WILLIAMSON That Royal Vista, Inc. of the City of Liberty Hill County of Williamson State of Texas as Principal, and authorized under the laws of the State of Texas to act as surety on bonds for principals,are held and firmly bound unto the CITY OF ROUND ROCK,TEXAS("Owner"), in the penal sum of Five Percent(5%)of the total amount of the Bid of the Principal submitted to the Owner, for the Work described below; for the payment whereof, well and truly to be made,and the said Principal and Surety do herby bind themselves and their heirs, administrators, executors, successors and assigns, jointly and severally,as follows: In no case shall the liability of the Surety hereunder exceed the sum of( Five Percent of The Total Amount Bid 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 Chisholm Valley Water,Wastewater,and Storm Drain lipTrovements Area 3 for which Bids are to be opened at the office of OWner on the , 30th day of April ,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 30th day of the month of April 1021 Royal Vista SureTec Insurance Company Principal Surety D - April M Terbay Printine At 14, Title: r .? le: Att_3?›y-In-FaCt 1F Address: ir*112L _ Address: 9737 Spicewood Springs Road 7aret,(2 Austin, Texas 78759 00200 4-2020 Pagel Bid Bond 00443638 40 f Resit . 'gent of Surety: WLail- ia Signature April M Terbay Printed Name 3834 Spicewood Springs Road Street Address Austin, Texas 78759 City,State,Zip Page 2 00200 4-2020 Bid Bond 00443638 POA/$ 4221197 JOINT LIMITED POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS:That SureTec Insurance Company,a Corporation duly organized and existing under the laws of the State of Texas and having its principal office in the County of Harris,Texas and Markel Insurance Company(the"Company"),a corporation duly organized and existing under the laws of the state of Illinois,and having its principal administrative office in Glen Allen,Virginia,does by these presents make,constitute and appoint: Patrick L Watkins,Sheila Pennington Noxon,Joy Holten,Rodney T Watkins,James F Siddons,April M Terbay,Andrew Webb,Hanna Ogle Their true and lawful agent(s)and attorney(:)-in-fact,each in their separate capacity if more than one is named above,to make,execute,seal and deliver for and on their own behalf,individually as a surety or jointly,as co-sureties,and as their act and deed any and all bonds and other undertaking in suretyship provided,however, that the penal sum of any one such instrument executed hereunder shall not exceed the sum of: Ten Million and 00/100 Dollars($10,000,000.00) This Power of Attorney is granted and is signed and sealed under and by the authority of the following Resolutions adopted by the Board of Directors of SureTec Insurance Company and Markel Insurance Company: "RESOLVED,That the President,Senior Vice President,Vice President,Assistant Vice President,Secretary,Treasurer and each of them hereby is authorized to execute powers of attorney,and such authority can be executed by use of facsimile signature,which may be attested or acknowledged by any officer or attorney,of the company,qualifying the attorney or attorneys named in the given power of attorney,to execute in behalf of,and acknowledge as the act and deed of the SureTec Insurance Company and Markel Insurance Company,as the case may be,all bond undertakings and contracts of suretyship,and to affix the corporate seal thereto." IN WITNESS WHEREOF,Markel Insurance Company and SureTec Insurance Company have caused their official seal to be hereunto affixed and these presents to be signed by their duly authorized officers on the 18th day of September ,2020 . SureTec Insurance Company 46*AA�C Markel Insurance Company • fo 'frjr:X/14,del; W wAwc` =• : SEAL °' -` By: cc Apr Michael C.Keirrtig,President , -, • s '.,� , Rabin Russo,Senior Vice President Commonwealth of Virginia County of Henrico SS: On this 18th day of September,2020 A.D.,before me,a Notary Public of the Commonwealth of Virginia,in and for the County of Henrico,duly commissioned and qualified,came THE ABOVE OFFICERS OF THE COMPANIES,to me personally known to be the individuals and officers described in,who executed the preceding instrument,and they acknowledged the execution of same,and being by me duly sworn,disposed and said that they are the officers of the said companies aforesaid, and that the seals affixed to the proceeding instrument are the Corporate Seals of said Companies,and the said Corporate Seals and their signatures as officers were duly affixed and subscribed to the said instrument by the authority and direction of the said companies,and that Resolutions adopted by the Board of Directors of said Companies referred to in the preceding instrument is now in force. 6 e e III 8 s s s @m4 p.0 Cl V o,�a IN TESTIMONY WHEREOF,I have hereunto set my hand,and affixed me I•$eaI.at.tlag ty''pf Henrico,the day and year first above written. .ems' MY C�. _. ® . COM M IS. ION By;. nNUI,A FR Q C • • ` .. Donna Donavant,Notary Public • •. 7083968 ,' d My commission expires 1/31/2023 We,the undersigned Officers of SureTec Insurance Company and Markel' sur Fi O iy d,Goierby certify that the original POWER OF ATTORNEY of which the foregoing is a full,true and correct copy is still in full force and effect and ha€ftfljm pypfic$d. IN WITNESS WHEREOF,we have hereunto set our hands,and affixed the Seals of said Companies,on the3 day of Sur ec Insurr ce C panyl Markel Insurance Company '11 V A pi\ By V By•( -\t ', `{r 16. � .• M.Br t Beaty,Assistant Secreta Richard R.Grinnan,Vice President and--Sect ary Any Instrument Issued in excess of the penalty stated above is totally void and without any validity.4221197 For verification of the authority of this Power you may call(713)812-0800 on any business day between 8:30 AM and 5:00 PM CST. ‘., , " 0 SureTec Insurance Company IMPORTANT NOTICE Statutory Complaint Notice/Filing of Claims To obtain information or make a complaint:You may call the Surety's toll free telephone number for information or to make a complaint or file a claim at: 1-866-732-0099.You may also write to the Surety at: SureTec Insurance Company 9737 Great Hills Trail, Suite 320 Austin,TX 78759 You may contact the Texas Department of Insurance to obtain information on companies, coverage, rights or complaints at 1-800-252-3439.You may write the Texas Department of Insurance at: PO Box 149104 Austin,TX 78714-9104 Fax#:512-490-1007 Web: http:llwww.tdi.texas.gov Email: ConsumerProtectiontdLtexas.gov PREMIUM OR CLAIMS DISPUTES:Should you have a dispute concerning your premium or about a claim,you should contact the Surety first. If the dispute is not resolved,you may contact the Texas Department of Insurance. ------------------------------------------------------------------------------------------------------------------------- Texas Rider 8/2019 1 00300 BID FORM BID FORM PROJECT NAME: Chisholm Valley Water,Wastewater and Storm Drain Improvements-Area 3 PROJECT LOCATION: Round Rock,Texas OWNER: City of Round Rock,Texas DATE: April 12,2021 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 Bid Documents,and as shown on the plans for the construction of Chisholm Valley Water,Wastewater and Storm Drain Improvements-Area 3 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 City's website at www.civcastusa.com by the close of business on April 28,2021 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". BASE BID Bid Approx. Item Description Item Quantity Unit and Written Unit Price Unit Price Amount STREET AND STORM SEWER ITEMS: 1 2 EA REMOVE STRUCTURE(INLET) complete in place per TxDOT Item 104 for Seven Hundred Fifty dollars and Zero cents. $ 750.00 $ 1,500.00 2 1381 TON HOT MIX ASPHALT CONCRETE PAVEMENT,2"TYP-D complete in place per TxDOT Item 341 for One Hundred Fouty Five dollars and Zero cents. $ 145.00 $ 200,245.00 3 11543 SY SURFACE PLANING(MILLING)(2") complete in place per TxDOT Item 354 for Six dollars and Zero cents. $ 6.00 $ 69,258.00 4 1 EA NEW MANHOLE CONSTRUCTION,60"DIA. complete in place per CORK Item 506 for Five Thousand One Hundred dollars and Zero cents. $ 5,100.00 $ 5,100.00 5 2 EA NEW MANHOLE CONSTRUCTION,72"DIA. complete in place per CORK Item 506 for Six Thousand One Hundred dollars and Zero cents. $ 6,100.00 $ 12,200.00 6 4 EA PRECAST JUNCTION BOX 4 FT X 4 FT complete in place per CORK Item 506 for Four Thousand Five Hundred dollars and Zero cents. $ 4,500.00 $ 18,000.00 7 4 EA PRECAST JUNCTION BOX 5 FT X 5 FT 00300-9-2015 Page 1 of 9 Bid Form BASE BID Bid Approx. Item Description Item Quantity Unit and Written Unit Price Unit Price Amount complete in place per CORK Item 506 for Six Thousand One Hundred dollars and Zero cents. $ 6,100.00 $ 24,400.00 8 2 EA PRECAST NNCTION BOX 5 FT X 6 FT complete in place per CORK Item 506 for Nine Thousand Seven Hundred dollars and Zero cents. $ 9,700.00 $ 19,400.00 9 2 EA PRECAST JiJNCTION BOX 7 FT X 7 FT complete in place per CORK Item 506 for Nineteen Thousand Five Hundred dollars and Zero cents. $ 19,500.00 $ 39,000.00 10 1 EA PRECAST JUNCTION BOX 8 FT X 8 FT complete in place per CORK Item 506 for Twenty Thousand Five Hundred dollars and Zero cents. $ 20,500.00 $ 20,500.00 11 1 EA GRATE INLET(3-FOOT X 3-FOOT) complete in place per CORK Item 508 for Four Thousand Five Hundred dollars and Zero cents. $ 4,500.00 $ 4,500.00 12 3 EA INLET(COMPL)(PCO)(SFT)(BOTH) complete in place per CORK Item 508 for Five Thousand Seven Hundred dollars and Zero cents. $ 5,700.00 $ 17,100.00 13 2 EA INLET(COMPL)(PCO)(SFT)RIGHT) complete in place per CORK Item 508 for Three Thousand Nine Hundred Fifty dollars and Zero cents. $ 3,950.00 $ 7,900.00 14 2 EA INLET(COMPL)(PCU)(SFT)(BOTH) complete in place per CORK Item 508 for Four Thousand Nine Hundred Fifty dollars and Zero cents. $ 4,950.00 $ 9,900.00 15 9 EA INLET(COMPL)(PCU)(SFT)(LEFT) complete in place per CORK Item 508 for Four Thousand Two Hundred Fifty dollars and Zero cents. $ 4,250.00 $ 38,250.00 16 13 EA INLET(COMPL)(PCU)(5FT)RIGHT) complete in place per CORK Item 508 for Four Thousand Three Hundred dollars and Zero cents. $ 4,300.00 $ 55,900.00 00300-9-2015 Page 2 of 9 Bid Form BASE BID Bid Approx. Item Description Item Quantity Unit and Written Unit Price Unit Price Amount 17 2 EA HEADWALLS,WINGWALLS AND SAFETY END TREATMENTS complete in place per Item SP508 for Thirteen Thousand Five Hundred dollars and Zero cents. $ 13,500.00 $ 27,000.00 18 2808 LF TRENCH SAFETY SYSTEMS,(ALL DEPTHS) complete in place per CORK Item 509 for Seven dollars and Zero cents. $ 7.00 $ 19,656.00 19 361 LF PIPE(RCP CLASS 111)18-INCHES,(ALL DEPTHS),INCLUDING EXCAVATION AND BACKFILL complete in place per CORK Item 510 for Seventy Five dollars and Zero cents. $ 75.00 $ 27,075.00 20 370 LF PIPE(RCP CLASS III)24-INCHES,(ALL DEPTHS),INCLUDING EXCAVATION AND BACKFILL complete in place per CORK Item 510 for Eighty Five dollars and Zero cents. $ 85.00 $ 31,450.00 21 367 LF PIPE(RCP CLASS III)30-INCHES,(ALL DEPTHS),INCLUDING EXCAVATION AND BACKFILL complete in place per CORK Item 510 for One Hundred Five dollars and Zero cents. $ 105.00 $ 38,535.00 22 342 LF PIPE(RCP CLASS III)36-iNCHES,(ALL DEPTHS),INCLUDING EXCAVATION AND BACKFILL complete in place per CORK Item 510 for One Hundred Thirty Five dollars and Zero cents. $ 135.00 $ 46,170.00 23 267 LF PIPE(RCP CLASS III)42-INCHES,(ALL DEPTHS),INCLUDING EXCAVATION AND BACKFILL complete in place per CORK Item 510 for One Hundred Eighty Five dollars and Zero cents. $ 185.00 $ 49,395.00 24 129 LF PIPE(RCP CLASS III)48-INCHES,(ALL DEPTHS),INCLUDING EXCAVATION AND BACKFILL complete in place per CORK Item 510 for Two Hundred Five dollars and Zero cents. $ 205.00 $ 26,445.00 00300-9-2015 Page 3 of 9 Bid Form BASE BID Bid Approx. Item Description Item Quantity Unit and Written Unit Price Unit Price Amount 25 372 LF P.C.CONCRETE CURB AND GUTTER,INCLUDING EXCAVATION complete in place per TxDOT Item 529 for Twenty Five dollars and Zero cents. $ 25.00 $ 9,300.00 26 135 SY TYPE I P.C.CONCRETE DRIVEWAY complete in place per TXDOT Item 530 for One Hundred Ten dollars and Zero cents. $ 110.00 $ 14,850.00 27 165 SY RECONSTRUCTION CONCRETE SIDEWALK TO 4-INCH THICKNESS,INCLUDING REMOVAL OF EXISTING SIDEWALK complete in place per TxDOT Item 531 for Eighty Five dollars and Zero cents. $ 85.00 $ 14,025.00 28 4 EA RECONSTRUCTION CONCRETE SIDEWALK RAMPS, INCLUDING REMOVAL OF EXISTING SIDEWALK RAMPS complete in place per TxDOT Item 531 for Two Thousand One Hundred Fifty dollars and Zero cents. $ 2,150.00 $ 8,600.00 29 11 LF PRECAST CONCRETE BOX CULVERTS,4 FT x 2 FT,(ALL DEPTHS),INCLUDING EXCAVATION AND BACKFILL complete in place per SP559 for Two Hundred Sixty dollars and Zero cents. $ 260.00 $ 2,860.00 30 97 LF PRECAST CONCRETE BOX CULVERTS,4 FT x 3 FT,(ALL DEPTHS),INCLUDING EXCAVATION AND BACKFILL complete in place per SP559 for Three Hundred Five dollars and Zero cents. $ 305.00 $ 29,585.00 31 326 LF PRECAST CONCRETE BOX CULVERTS,4 FT x 4 FT,(ALL DEPTHS),INCLUDING EXCAVATION AND BACKFILL complete in place per SP559 for Three Hundred Thirty Five dollars and Zero cents. $ 335.00 $ 109,210.00 00300-9-2015 Page 4 of 9 Bid Form BASE BID Bid Approx. Item Description Item Quantity Unit and Written Unit Price Unit Price Amount 32 402 LF PRECAST CONCRETE BOX CULVERTS,5 FT x 4 FT,(ALL DEPTHS),INCLUDING EXCAVATION AND BACKFILL complete in place per SP559 for Four Hundred Thirty Five dollars and Zero cents. $ 435.00 $ 174,870.00 33 136 LF PRECAST CONCRETE BOX CULVERTS,5 FT x 5 FT,(ALL DEPTHS),INCLUDING EXCAVATION AND BACKFILL complete in place per SP559 for Four Hundred Fifty dollars and Zero cents. $ 450.00 $ 61,200.00 34 5 EA REFLECTORIZED PAVEMENT MARKERS(TYPE II-B-B) complete in place per TxDOT Item 672 for Ten dollars and Zero cents. $ 10.00 $ 50.00 WATER LINE ITEM: 35 333 LF TRENCH SAFETY SYSTEMS,(ALL DEPTHS) complete in place per CORK Item 509 for Six dollars and Zero cents. $ 6.00 $ 1,998.00 36 60 LF PIPE,18",STEEL ENCASEMENT complete in place per CORK Item 505 for One Hundred Twenty Five dollars and Zero cents. $ 125.00 $ 7,500.00 37 0.5 TON DUCTILE IRON FITTINGS complete in place per CORK Item 510 for Twelve Thousand dollars and Zero cents. $ 12,000.00 $ 6,000.00 38 95 LF PIPE,6",CLASS 350 DIP(ALL DEPTHS),INCLUDING EXCAVATION AND BACKFILL complete in place per CORK Item 510 for One Hundred Five dollars and Zero cents. $ 105.00 $ 9,975.00 39 238 LF PIPE,8",CLASS 350 DIP(ALL DEPTHS),INCLUDING EXCAVATION AND BACKFILL complete in place per CORK Item 510 for One Hundred Twenty Five dollars and Zero cents. $ 125.00 $ 29,750.00 40 13 EA RECONNECTING LATERAL SERVICE TO REPLACED PIPE (W) complete in place per CORK Item 510 for One Thousand Nine Hundred dollars and Zero cents. $ 1,900.00 $ 24,700.00 00300-9-2015 Page 5 of 9 Bid Form BASE BID Bid Approx. Item Description Item Quantity Unit and Written Unit Price Unit Price Amount 41 8 EA WET CONNECTIONS(W) complete in place per CORK Item 510 for Two Thousand One Hundred dollars and Zero cents. $ 2,100.00 $ 16,800.00 42 2 EA FIRE HYDRANTS complete in place per CORK Item 511 for Four Thousand One Hundred dollars and Zero cents. $ 4,100.00 $ 8,200.00 43 3 EA VALVES(6"DIA.) complete in place per SP511 for One Thousand Two Hundred dollars and Zero cents. $ 1,200.00 $ 3,600.00 44 3 EA VALVES(8"DIA.) complete in place per SP511 for One Thousand Six Hundred dollars and Zero cents. $ 1,600.00 $ 4,800.00 WASTEWATER LINE ITEMS: 45 3200 LF TRENCH SAFETY SYSTEMS,(ALL DEPTHS) complete in place per CORK Item 509 for Six dollars and Zero cents. $ 6.00 $ 19,200.00 46 36 CY FLOWABLE BACKFILL(WASTEWATER) complete in place per TxDOT Item 401 for One Hundred Fifty dollars and Zero cents. $ 150.00 $ 5,400.00 47 50 LF PIPE, 16",STEEL ENCASMENT complete in place per CORK Item 505 for One Hundred Twenty Five dollars and Zero cents. $ 125.00 $ 6,250.00 48 1 EA DROP MANHOLE,60"DIA.(PRE-CAST BASE) complete in place per CORK Item 506 for Seven Thousand Nine Hundred dollars and Zero cents. $ 7,900.00 $ 7,900.00 49 4 EA NEW MANHOLE CONSTRUCTION,48"DIA.(WW)(CIP BASE) (ALL DEPTHS) complete in place per CORK Item 506 for Five Thousand eight Hundred Fifty dollars and Zero cents. $ 5,850.00 $ 23,400.00 00300-9-2015 Page 6 of 9 Bid Form BASE BID Bid Approx. Item Description Item Quantity Unit and Written Unit Price Unit Price Amount 50 10 EA NEW MANHOLE CONSTRUCTION,48"DIA.(WW)(PRE- CAST BASE)(ALL DEPTHS) complete in place per CORK Item 506 for Five Thousand Fifty dollars and Zero cents. $ 5,050.00 $ 50,500.00 51 927 LF PIPE,12",ASTM 3034 DR-26(ALL DEPTHS),INCLUDING EXCAVATION AND BACKFILL complete in place per CORK Item 510 for One Hundred Thirty Five dollars and Zero cents. $ 135.00 $ 125,145.00 52 1238 LF PIPE,8",ASTM 3034 DR-26(ALL DEPTHS),INCLUDING EXCAVATION AND BACKFILL complete in place per CORK Item 510 for One Hundred Twenty Five dollars and Zero cents. $ 125.00 $ 154,750.00 53 45 EA RECONNECTING LATERAL SERVICE TO REPLACED PIPE (WW) complete in place per CORK Item 510 for One Thousand Five Hundred dollars and Zero cents. $ 1,500.00 $ 67,500.00 54 45 EA NEW SERVICE CLEANOUTS complete in place per CORK Item 510 for Three Hundred Fifty dollars and Zero cents. $ 350.00 $ 15,750.00 55 4 EA ABANDONMENT OF EXISTING MANHOLES complete in place per CORK Item 506 for Nine Hundred dollars and Zero cents. $ 900.00 $ 3,600.00 56 1 LS BYPASS PUMPING complete in place per SS1540 for Fifteen Thousand dollars and Zero cents. $ 15,000.00 $ 15,000.00 GENERAL ITEMS: 57 8 CY DRY ROCK RIPRAP CL III(DEPTH 24-INCHES) complete in place per CORK Item RR591 for One Hundred Seventy Five dollars and Zero cents. $ 175.00 $ 1,400.00 58 500 SY SEEDING complete in place per CORK Item 604 for Four dollars and Zero cents. $ 4.00 $ 2,000.00 00300-9-2015 Page 7 of 9 Bid Form BASE BID Bid Approx. Item Description Item Quantity Unit and Written Unit Price Unit Price Amount 59 450 SY SODDING complete in place per CORK Item 602 for Fourteen dollars and Zero cents. $ 14.00 $ 6,300.00 60 10 EA TREE PROTECTION complete in place per CORK Item RR610 for Five Hundred Fifty dollars and Zero cents. $ 550.00 $ 5,500.00 61 50 LF ROCK FILTER DAM complete in place per CORK Item 639 for Fourty Five dollars and Zero cents. $ 45.00 $ 2,250.00 62 39 EA EROSION CONTROL LOGS INLET PROTECITON (INSTALLATION,MAINTENANCE AND REMOVAL) complete in place per SP628 for One Hundred Fifty dollars and Zero cents. $ 150.00 $ 5,850.00 63 140 LF EROSION CONTROL LOG(18"DIA.),INSTALLATION, MAINTENANCE AND REMOVAL complete in place per SS642 for Thirty dollars and Zero cents. $ 30.00 $ 4,200.00 64 2 AC PREPARE ROW(FOR STORM DRAIN OUTFALL)(INCLUDING REMOVAL OF TREES) complete in place per TxDOT Item 100 for Three Thousand dollars and Zero cents. $ 3,000.00 $ 6,000.00 65 300 CD BARRICADES,SIGNS AND TRAFFIC HANDLING complete in place per SP502 for Eighty Five dollars and Zero cents. $ 85.00 $ 25,500.00 66 6 EA RELOCATE EXISTING MAILBOX complete in place per TxDOT Item 560 for Five Hundred dollars and Zero cents. $ 500.00 $ 3,000.00 67 110 LF REMOVE AND RELOCATE EXISTING WOODEN FENCE complete in place per CORK Item RR702 for Twenty Five dollars and Zero cents. $ 25.00 $ 2,750.00 68 2 EA C.I.P.PROJECT SIGNS complete in place per CORK Item RR802 for Eight Hundred dollars and Zero cents. $ 800.00 $ 1,600.00 00300-9-2015 Page 8 of 9 Bid Form . . BASE BID Bid Approx. Item Description Item Quantity Unit and Written Unit Price Unit Price Amount 69 1 LS CONTRACTOR TO PREPARE,SUBMIT,IMPLEMENT,AND UPDATE STORM WATER POLLUTION PREVENTION PLAN (INCLUDING IINSPECTIONS) complete in place per TXR150000 for Five Thousand dollars and Zero cents. $ 5,000.00 $ 5,000.00 70 1 LS TOTAL MOBILIZATION PAYMENT complete in place per CORK Item RR700 for Seventy Five Thousand dollars and Zero cents. $ 75,000.00 $ 75,000.00 TOTAL BASE BID(Items 1 thru 70 ) $1,987,497.00 Materials: All Other Charges: *Total: $ - 00300-9-2015 Page 9 of 9 Bid Form TOTAL BASE BID (Items 1 thru 70 ) $ 1,987,497.00 Materials: (6 I Z.56 ,gip All Other Charges: I, e?5 ' ,* Total: t �j8? 'J97 e" i * Note: This total must be the same amount as shown above for "Total Base Bid" If this bid is accepted, the undersigned agrees to execute the Agreement and provide necessary bonds and insurance certification as per the Instructions to Bidders. The undersigned certifies that the bid prices contained in the 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. Res.ectfu S - 4 OA Signature Larry Foust 350 CR 260 Liberty Hill, Tx 78642 Print Name Address Vice President 512-515-6824 Title Telephone Royal Vista, Inc. Name of Firm April 30, 2021 , 42_ Date Secret, if Bidder is a Corporation 00200-9-2015 Page 1 of 1 Bid Form 00410 STATEMENT OF BIDDER'S SAFETY EXPERIENCE Page 1 00410 8-2014 Statement of Bidder's Safety Experience 00090654 , . . e, , . , , Solicitation Requirements, Contract Forms & Conditions of Contract Statement of Bidder's Safety Experience Section 004 1 0 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 fmed 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: 4E7i 1/i / , 357 G�rZ ��� �� i�hone: 4-",.. (2 � l ,..- Address: 4...„„ ---1- cas '-:*- i-7,-, Completed by:____/__ RZ7 W,,,,,As-i., Date: / /zf2i 1. Does the company have a written construction Safety program? [(files 0 No 2. Does the company conduct construction safety inspections? [des 0 No 3. Does the company have an active construction safety-training program? Les 0 No 4. Has the company been fmed by OSHA for any willful safety violations in the past DYes !Digo three years? 5. Does the company have a lost time injury rate of 7.8 for SIC 15,or 7.6 for SIC 16, ii es ONo 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 DYes ONo EKT/A B. Excavation EPfes ONo ON/A C. Cranes DYes ONo Pk/A D. Electrical DYes ONo [jJ.NYA E. Fall Protection Q; es ONo ON/A F. Confined Spaces Erres ONo ON/A I hereby certify that the above i 1 . II ation is true and correct. Signature _ Allielidir Title 1/-77 Nur Page 1 00410 8-2014 Statement of Bidder's Safety Experience 00090654 . , 2124/2020 ITA I Occupational Safety and Health Administration , - . ., ‘ . - Injury Tracking Application • U--11: '' ,, = Y.,L t 1 Ad` , dZ:,4 , a it.'4•124 Ai. a i 0 On 2/24/2020 at 6:03:27 PM,you successfully submitted this establishment to OSHA. 1 An email confirmation will besentsh0rtIY. 1 1 Establishment Details: Royal Vista Inc ID:144713 EIN:742866773 Company:Royal Vista Inc Address:350 CR 260, Liberty Hill,TX,78642 NAICS:237110 Size:20-249 employees Government: 300A Status:Submitted -. _,...._..._ ..._......-...---. 300A Submission Progress fyi G 1.Create an Establishment I ril 2.Add 300A Summary Data I C+�l 3.Submit Data bo OSHA 4.Review Confirmation Email - I .._-....,_ 1 I Summary for Filing Year 2019 View Submission 2019 • I 1 Employee Information i Annual average number of employees:43 � I Total hours worked by all employees last year: 1042751 Number Of Cases . I I TOTAL NUMBER OF: Deaths(G) 1 1 Cases with days away from work(H) I i 1 Cases with job transfer or restriction(I) I i 0 Other recordable cases(3) 1 i 1 httns://www_osha.aov/iniurvreportincgita/establishments/144713 1/2 , , 2124/2O2G , 0 ITA I Occupational Safety and Health Administration i ae eo Number Of Days TOTAL NUMBER OF: Days away from work(K) 15 Days of job transfer or restriction(L) 0 Ir Injury And Illness Types I TOTAL NUMBER OF: 1 Injuries(Ml) Poisonings(M4) i 2 0 I Skin disorders(M2) Hearing loss(M5) 1 i t 0 0 i 1 1 Respiratory conditions(M3) All other illnesses(M6) I 1 0 0 : 1 , I 1 _ . _ ...,_ ..__...„ ' Illness &Injury Rates1 Total Case Incidence Rate(TCR):3.80 Days Away Restrictions and Transfers(DART): 1.90 1 hftnc://www.osha. ov/injurvreportiflg/ita/eStabliShmefltS/l447l3 2/2 , . c - ° ... .. ., ,... , ° injury Traddng Application vl i4jsigitagiai4e6Itifment el- on 2/19/2O94 :37ou ,..��-�- , submitted ,,a- :_... . a '',...,,.,.. ,.. , to 11 ., L . 4/2 An email confirmation will be sent shortly. Establishment Details: Royal -ir- . Iiic ID: 144713 Company: Royal Vista Inc Address:350 CR 260, Liberty Hill,TX, 78642 NAICS: 237110 Size: 20-249 employees _ Government: 300A Status: Submitted 1 I _ 300A Submission Progress Eff 1. Create an Establishment Fs 2.Add 300A Summary Data ' Eff 3. Submit Data to OSHA 4. Review Confirmation Email Summary for Filing Year 2018 view Submission 2018 • i Employee Information Annual average number of employees: 42 Total hours worked by all employees last year: 100627 Number Of Cases TOTAL NUMBER OF: 1 Deaths(G) t- ° Cases with days away from work(H) 1 ; Cases with job transfer or restriction(I) 1 Other recordable cases(3) 0 Number Of Days TOTAL NUMBER OF: Days away from work(K) 55 Days of job transfer or restriction(L) • 42 "'- Injury And Illness Types TOTAL NUMBER OF: Injuries(Ml) Poisonings(M4) 2 0 Skin disorders(M2) Hearing loss(MS) • 0 Respiratory conditions(M3) All other illnesses(M6) � 0 Illness & Injury Rates Total Case Incidence Rate(T9 ) Days Away Restrictions and Transfers(DART): 390 ZuiZuia ITA I Occupational Safety and Health Administration 21k 61. Injury Tracking Application vii4tertagitgbILgffment - - - • On 4/20/2018 at 2:07:50 PM, you successfully submitted this establishment to OSHA. An email confirmation will be sent shortly. C>7(9 7 Establishment Details: Royal Vista Inc ID: 144713 Company: Royal Vista Inc Address:350 CR 260, Liberty Hill,TX, 78642 NAICS: 237110 Size: 20-249 employees Government: 300A Status: Submitted • 300A Submission Progress Elf 1. Create an Establishment Ff 2. Add 300A Summary Data Et"3. Submit Data to OSHA 4. Review Confirmation Email d' Summary for Filing Year 2017 view Submission 2017 • Employee Information Annual average number of employees: 44 Total hours worked by all employees last year: 104533 __ . Number Of Cases TOTAL NUMBER OF: Deaths(G) ttps://www.osha.goviinjuryreportingfita/establishments/144713 1/3 4/20/2018 `'-� ITA I Occupational Safety and Health Administration , ,0, . , . ' , i 0 Cases with days away from work(H) 1 . . Cases with job transfer or restriction(I) 3 Other recordable cases(J) 0 4. ..........._ . ........... Number Of Days TOTAL NUMBER OF: iDays away from work(IQ 160 Days of job transfer or restriction(L) 53 .........._.............._____,............................_____......._......__,......________......, i Injury And Illness Types I TOTAL NUMBER OF: Injuries(Ml) Poisonings(M4) 4 0 I Skin disorders(M2) Hearing loss(M5) 0 0 Respiratory conditions(M3) All other illnesses(MG) 0 0 Illness & Injury Rates Total Case Incidence Rate(TCR): 7.6 8 Days Away Restrictions and Transfers(DART): 7.60 ___,__,____,_______________ https://www.osha.gov/injuryreporting/itaiestablishments/144713 2/3 I I I I I I i 1 I i I I 1 i I I I i I i J I 1 I i I i I I 1 I I I I i I I 1 i i I i I i I i i I City of Round Rock, Texas Contract Forms Standard Form of Agreement: Section 00500 City of Round Rock, Texas Standard Form of Agreement between Owner and Contractor AGREEMENT made as of the )day of 04/It, in the year 20 11BETWEEN the Owner: City of Round Rock,Texas(hereafter"Owner"or"City") 221 East Main Street Round Rock,Texas 78664 and the Contractor Royal Vista,Inc. ("Contractor") 350 CR 260 Liberty Hill,Texas 78642 The Project is described as: Chisholm Valley Water,Wastewater,and Storm Drain Improvements Area 3 The Engineer is: John Conquest,PE,CFM Senior Project Manager Halff Associates,Inc. 512-777-4636 For and in consideration of the mutual terms, conditions and covenants of this Agreement and all accompanying documents between Owner and Contractor, the receipt and sufficiency of which are hereby acknowledged,Owner and Contractor agree as follows: ARTICLE I THE CONTRACT DOCUMENTS The Contract Documents consist of this Agreement,Conditions of the Contract(General,Supplementary and other Conditions),Drawings, Specifications,Addenda issued prior to execution of this Agreement,other documents listed in this Agreement and Modifications issued after execution of this Agreement;these form the Contract,and are as fully a part of the Contract as if attached to this Agreement or repeated herein. The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations,representations or agreements, either written or oral.An enumeration of the Contract Documents,other than Modifications,appears in Article 7. ARTICLE 2 THE WORK OF THIS CONTRACT Contractor shall fully execute the Work described in the Contract Documents,except to the extent specifically indicated in the Contract Documents to be the responsibility of others. 00500 4-2020 Page 1 of 5 Standard Form of Agreement 00443647 ARTICLE 3 DATE OF COMMENCEMENT;DATE OF SUBSTANTIAL COMPLETION;DATE OF FINAL COMPLETION 3.1 The date of commencement of the Work shall be the date of this Agreement unless a different date is stated below or provision is made for the date to be fixed in a Notice to Proceed issued by Owner. 3.2 The Contract Time shall be measured from the date delineated in the Notice to Proceed. 3.3 Contractor shall commence Work within ten (10 ) calendar days from the date delineated in the Notice to Proceed. 3.4 Contractor shall achieve Substantial Completion of the items of Work listed on Attachment A to this Agreement no later than NA ( )calendar days from issuance by Owner of Notice to Proceed, and Contractor shall achieve Substantial Completion of the entire Work no later than two hundred seventy (270 )calendar days from issuance by Owner of Notice to Proceed,subject to adjustments of this Contract Time as provided in the Contract Documents. 3.5 If Contractor fails to achieve Substantial Completion of the Work(or any portion thereof)on or before the date(s)specified for Substantial Completion in the Agreement,Contractor shall pay to Owner,as liquidated damages, the sum of one thousand and No/100 Dollars($ 1000 ) for each calendar day that Substantial Completion is delayed after the date(s) specified for Substantial Completion. It is hereby agreed that the liquidated damages to which Owner is entitled hereunder are a reasonable forecast of just compensation for the harm that would be caused by Contractor's failure to achieve Substantial Completion of the Work(or any portion thereof)on or before the date(s)specified for Substantial Completion in the Agreement and is not a penalty. It is agreed that the harm that would be caused by such failure, which includes loss of expected use of the Project areas,provision of alternative storage facilities and rescheduling of moving and occupancy dates,is one that is incapable or very difficult of accurate estimation.It is hereby agreed that if Substantial Completion of the Work(or any portion thereof)is not achieved on or before thirty(30)days after the date(s) specified for Substantial Completion in the Agreement, the Owner shall have the option to either collect liquidated damages as set forth herein or to thereafter rely on its remedies under the Contract Documents and at law and in equity, including without limitation, the recovery of actual damages. The date(s) specified for Substantial Completion of the Work(or any portion thereof)in the Agreement shall be subject to adjustment as provided in the Contract Documents. 3.6 Contractor shall achieve Final Completion of the entire Work no later than three hundred (300 )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 Million Nine Hundred Eight Seven Thousand Four Hundred Ninety Seven Dollars and Zero Cents ($ 1,987,497.00 ),subject to additions and deductions as provided in the Contract Documents. 4.2 Does the Contract Sum include alternates which are described in the Bid Form? No X . Yes .Ifyes,please provide details below: 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(loth)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. 5.1.7 Except with Owner's prior written approval, Contractor shall not make advance payments to suppliers for materials or equipment which have not been delivered and stored at the site. 5.2 FINAL PAYMENT 5.2.1 Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made by Owner to Contractor when: .1 Contractor has fully performed the Contract except for Contractor's responsibility to correct Work, and to satisfy other requirements,if any,which extend beyond final payment;and .2 a final Certificate for Payment has been issued by 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. 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 ADril 2021 7.1.4 The Specifications are those contained in the Project Manual dated ADril 2021 7.1.5 The Drawings,if any,are those contained in the Project Manual dated Aril 2021 7.1.6 The Insurance&Construction Bond Forms of the Contract are those contained in the Project Manual dated ADri12021 7.1.7 The Notice to Bidders,Instructions to Bidders,Bid Form,and Addenda,if any,are those contained in the Project Manual dated Anril 2021 7.1.8 If this Agreement covers construction involving federal funds, thereby requiring inclusion of mandated contract clauses, such federally required clauses are those contained in the "City of Round Rock Contract Forms 03000,"Federally Required Contract Clauses,as modified. 7.1.9 Other documents,if any,forming part of the Contract Documents are as follows: Performance and Payment Bonds,Certificate of Insurance ARTICLE 8 MISCELLANEOUS PROVISIONS 8.1 Where reference is made in this Agreement to a provision of any document, the reference refers to that provision as amended or supplemented by other provisions of the Contract Documents. 8.2 Owner's representative is: Federico Sanchez Senior Engineer 3400 Sunrise Rd Round Rock,TX 78665 8.3 Contractor's representative is: Steve Green,Operations Manager (512)923-1220 Stevan DeLeon,Project Manager (512)515-6824 8.4 Neither Owner's nor Contractor's representative shall be changed without ten(10)days'written notice to the 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 CITY OF UND R ,TEX• . Royal Vista,Inc. 1 40- 01111111..4 Asp / Printed Name: Printed Name: Larry Foust Title rIA‘ya2Title: Vice President Da te Signed: h*(9) 42.4Date Si ned: I',').�aeSig edg •� ATTEST: 4tifkLy V\SOM9C>11 City Clerk FOR CI Y, • PPROVED A' TO FORM: 41111617W . -44411112" - City Atto .y 00500 4-2020 Page 5 of 5 Standard Form of Agreement 00443647 00600 INSURANCE AND CONSTRUCTION BOND FORMS BONDS AND INSURANCE INSTRUCTIONS Instruction Sheet 1. Insurance Company must be licensed by State of Texas. 2. Agent signing bonds must be licensed in Texas. 3. Agent signing bonds must have Power of Attorney on behalf of insurance company. 4. If Agent signing bonds has Power of Attorney, but not licensed in Texas, then the bond must be counter-signed by Texas local recording agent. ALL THE ABOVE INFORMATION CAN BE FOUND AT Texas Department of Insurance website—www.tdi.state.tx.us 5. Make sure the dollar amount on both Performance and Payment Bonds match the amount of the Agreement & Bid Form Sheet. 6. Both Performance and Payment Bonds should be signed by Authorized Person. If the contractor is a corporation, then it should be signed by the President or the Vice-President. If the contractor is not incorporated, then it may be signed by the Owner. Please state the title of the authorized person. CERTIFICATE OF LIABILITY INSURANCE Instruction Sheet 1. CERTIFICATE OF LIABILITY INSURANCE FORM The City of Round Rock's Certificate of Liability Insurance form provided herein or a standard ACORD form. 2. PRODUCER and INSURED -Please list name, address, phone number and e-mail. 3. COMPANIES AFFORDING COVERAGE — TDI number required. The TDI number can be obtained from the Texas Dept of Insurance Website: http://www.tdi.state.tx.us/.—Company Lookup. Note: Exception to this rule. In certain instances where there is unusual risks involved,Surplus Lines Insurance Carriers can be used. Below are the guidelines: a. Insurance Company does not have to be"licensed in Texas",but they do have to be"eligible for a Texas license." Please verify with the Texas Dept of Insurance Website:http://www.tdi.state.tx.us/.—Company Lookup b. Policy has to be written by licensed surplus lines Agent. Also verify with the Texas Dept of Insurance Website:http://www.tdi.state.tx.us/-Agent Lookup 4. TYPES OF INSURANCE COVERAGE— CONSTRUCTION CONTRACT: Please double check the General Conditions and the Supplemental General Conditions for the types and amounts of insurance required. The Supplemental General Conditions usually state the following: a. Business Automobile Liability Insurance b. Workers' Compensation and Employers' Liability Insurance c. Commercial General Liability Insurance d. Builders' Risk Insurance— (Generally required for all "vertical" construction. Check with Project Manager for requirements.) FOR ALL OTHER CONTRACTS, PLEASE REFER TO THE INSURANCE SECTION FOR TYPE OF INSURANCE REQUIRED. (For example Engineering Service Contracts usually require "professional liability insurance") 5. EFFECTIVE DATE & EXPIRATION DATE Please make sure dates are current. 6. City of Round Rock must be listed on the Certificate of Insurance as an additional insured (except Workers Compensation and Builders Risk). 7. Certificate must indicate that the insurance Company must give the City of Round Rock notice of any changes, cancellation, etc. at least thirty(30) days prior to date of change. 8. Make sure Certificate is signed by an Agent Licensed in the State of Texas, this can also be found on the Texas Department of Insurance website—www.tdi.state.tx.us—Agent Lookup. PERFORMANCE BOND Bond #4447317 THE STATE OF TEXAS § § KNOW ALL BY THESE PRESENTS: COUNTY OF WILLIAMSON § That Royal Vista, Inc. , of the City of Liberty Hill , County of Williamson , and State of Texas , as Principal, and SureTec Insurance Company authorized under the law of the State of Texas to act as surety on bonds for principals, are held and firmly bound unto the CITY OF ROUND ROCK, TEXAS (Owner),in the penal sum of One Million Nine Hundred Eighty Seven Thousand Four Hundred i et Seven a��d Ze o C� is Dollars ($1,987,497.00 ) for the payment whereof, well and truly to be made the said Principal and Surety bind themselves, and their heirs, administrators, executors, successors and assigns,jointly and severally,by these presents: WHEREAS, e Principal has entered into a certain written Agreement with the Owner dated the 1.81 '1 ,- day of cJ14 RC , 2021 to which the Agreement is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein consisting of: Chisholm Valley Water,Wastewater, and Storm Drain Improvements Area 3 NOW, THEREFORE, THE CONDITIONS OF THIS OBLIGATION IS SUCH, that if the said Principal shall faithfully perform said Agreement and shall, in all respects, duly and faithfully observe and perform all and singular the covenants, conditions and agreements in and by said Agreement, agreed and covenanted by the Principal to be observed and performed, including but not limited to, the repair of any and all defects in said work occasioned by and resulting from defects in materials furnished by or workmanship of,the Principal in performing the Work covered by said Agreement and occurring within a period of twelve (12) months from the date of Final Completion and all other covenants and conditions, according to the true intent and meaning of said Agreement and the Plans and Specifications hereto annexed,then this obligation shall be void; otherwise to remain in full force and effect; PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Chapter 2253, Texas Government Code, as amended, and all liabilities on this bond shall be determined in accordance with the provisions of said Chapter 2253 to the same extent as if it were copied at length herein. Page 1 00610 4-2020 Performance Bond 00443639 PERFORMANCE BOND (continued) Surety, for value received, stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Agreement, or to the Work performed thereunder, or the Plans, Specifications, or drawings accompanying the same, shall in anywise affect its obligation on this bond,and it does hereby waive notice of any such change, extension of time,alteration or addition to the terms of the Agreement, or to the work to be performed thereunder. If Principal fails to faithfully perform said Agreement, Surety, after receipt of written notice of Principal's default,shall perform all of Principal's duties and obligations under the Agreement. If, within ten (10) days after receipt of such notice from Owner, Surety does not commence to complete the obligations of Principal with a contractor acceptable to Owner and diligently complete the performance of the Principal's duties and obligations, Owner shall have the right but not the obligation to have the duties and obligations of Principal performed. In such event, Surety shall pay to Owner,upon demand,all costs, expenses and damages sustained by Owner as a result of Principal's failure to perform its duties and obligations under the Agreement up to the I,, 9 7,' 7, to sum of this Performance Bond, plus all costs and expenses, including attorneys fees and expert and consultant fees incurred by Owner to enforce its rights under this Performance Bond. IN WITNESS WHEREOF, the said Principal and Suety have signed and sealed this instrument this Ii day of J , 20 21 . SureTec Insurance Company SureTec Insurance Company Pri ci al Surety April M Terbay Y Printed Name Printed Na - B MIVAILAE;- • ' Y _.._ Title: Title: A 4 ey- ►-Fact Address:350 CR 260 Address: 2103 City West Blvd. Suite 1300 Liberty Hill, Texas 78642 Houston, Texas 77042 Resident Agent of Surety: S. ature James F Siddons Printed Name 3834 Spicewood Springs Road Street Address Austin, Texas 78759 City, State&Zip Code Page 2 00610 4-2020 Performance Bond 00443639 PAYMENT BOND Bond #4 4 4 7 317 THE STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF WILLIAMSON § That Royal Vista, Inc. , of the City of Liberty Hill County of Williamson , and State of Texas , as Principal, and SureTec Insurance Company authorized under the laws of the State of Texas to act as Surety on Bonds for Principals,are held and firmly bound unto the CITY OF ROUND ROCK, TEXAS (OWNER), and all subcontractors, workers, laborers, mechanics and suppliers as their interest may appear, all of whom shall have the right to sue upon this bond, in the penal sum of One Million Nine Hundred Eighty Seven Thousand Four Hundred Ninety Seven and Zero Cents Dollars($ 1,987,497.00 )for the payment whereof,well and truly be made the said Principal and Surety bind themselves and their heirs, administrators, executors, successors, and assigns,jointly and severally,by these presents: WHEREAS the Principal has entered into a certain written Agreement with the Owner, dated the 41' ' 2021 to which A eement is l� day of �u , � hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein consisting of: Chisholm Valley Water,Wastewater, and Storm Drain Improvements Area 3 NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall well and truly pay all subcontractors, workers, laborers, mechanics, and suppliers, all monies to them owing by said Principals for subcontracts,work,labor,equipment,supplies and materials done and furnished for the construction of the improvements of said Agreement, then this obligation shall be and become null and void; otherwise to remain in full force and effect. PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Chapter 2253, Texas Government Code, as amended, and all liabilities on this bond shall be determined in accordance with the provisions of said Chapter 2253 to the same extent as if it were copied at length herein. Page 1 00620 04-2020 Payment Bond 00437699 a 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 ''I day of �,1 k,r•-% , 20 21 . Royal Vista, Inc. SureTec Insurance Company Principal Surety Ld4IQ*yApril M Terbay Printed Name Printed Name i By. By -, ',, ' _ Title: A.p. Tit • ttorn In-Fact Address:350 CR 260 Address: 2103 City West Blvd. Suite 131 1 Liberty Hill, Texas 78642 Houston,Texas 77042 Resident Agent of S rety: I ?a& Sign, re James F Siddons Printed Name 3834 Spicewood Springs Road Street Address Austin, Texas 78759 City, State&Zip Code Page 2 00620 1-2020 Payment Bond 00090656 POA# 4221197 JOINT LIMITED POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS:That SureTec Insurance Company,a Corporation duly organized and existing under the laws of the State of Texas and having its principal office in the County of Harris,Texas and Markel Insurance Company(the"Company"),a corporation duly organized and existing under the laws of the state of Illinois,and having its principal administrative office in Glen Allen,Virginia,does by these presents make,constitute and appoint: Patrick L Watkins,Sheila Pennington Noxon,Joy Holten,Rodney T Watkins,James F Siddons,April M Terbay,Andrew Webb,Hanna Ogle Their true and lawful agent(s)and attorney(s)•in-fact,each in their separate capacity if more than one is named above,to make,execute,seal and deliver for and on their own behalf,individually as a surety or jointly,as co-sureties,and as their act and deed any and all bonds and other undertaking in suretyship provided;however, that the penal sum of any one such instrument executed hereunder shall not exceed the sum of: Ten Million and 00/100 Dollars($10,000,000.00) This Power of Attorney is granted and is signed and sealed under and by the authority of the following Resolutions adopted by the Board of Directors of SureTec Insurance Company and Market Insurance Company: "RESOLVED,That the President,Senior Vice President,Vice President,Assistant Vice President,Secretary,Treasurer and each of them hereby is authorized to execute powers of attorney,and such authority can be executed by use of facsimile signature,which may be attested or acknowledged-by any officer or attorney,of the company,qualifying the attorney or attorneys named in the given power of attorney,to execute in behalf of,and acknowledge as the act and deed of the SureTec Insurance Company and Markel Insurance Company,as the case may be,all bond undertakings and contracts of suretyship,and to affix the corporate seal thereto." IN WITNESS WHEREOF,Markel insurance Company and SureTec insurance Company have caused their official seal to be hereunto affixed and these presents to be signed by their duly authorized officers on the 18th day of September,2020 . SureTec Insurance Company �v C 0 ����vti�c�,i� Market Insurance Company 4% f -17 111 `%A_\c,��- Eti � 1-ros 7444,07. By: -_ luArl co lig =te 1.P: By: (/ - Michael C.Keimig President � ' '.,� '�4 R f=s in Russo.Senior Vice President -- Commonwealth of Virginia County of Henrico SS: On this lath day of september,2020 A.D.,before me,a Notary Public of the Commonwealth of Virginia,in and for the County of Henrico,duly commissioned and qualified,came THE ABOVE OFFICERS OF THE COMPANIES,to me personally known to be the individuals and officers described in,who executed the preceding instrument,and they acknowledged the execution of same,and being by me duly sworn,disposed and said that they are the officers of the said companies aforesaid, and that the seals affixed to the proceeding instrument are the Corporate Seals of said Companies,and the said Corporate Seals and their signatures as officers were duly affixed and subscribed to the said instrument by the authority and direction of the said companies,and that Resolutions adopted by the Board of Directors of said Companies referred to in the preceding instrument is now in force. 00`a e"'t cos,* 0 IN TESTIMONY WHEREOF,I have hereunto set my hand,and affixed mob ha��-�• Seatth��kytrAf Henrico,the day and year first above written. • • Y Po <9. A **0 (,•• • COMMISSION :my -C)% By: NUMBER • '�� • -- o O ; Donna Donavan,Notary Public •.� 7083968te, :cD` � My commission expires 1/31/2023 • We,the undersigned Officers of SureTec Insurance Company and MarkP' 1ø9 'iy Verby certify that the original POWER OF ATTORNEY of which the _ foregoing is a full,true and correct copy is still in full force and effect and ha€1 ROA. IN WITNESS WHEREOF,we have hereunto set our hands,and affixed the Seals of said Companies,on the day of 2021 Sur- ec insur- ce s,::pan At Markel Insurance Company B By:( 41/11— - — 4/41 r""") M.Br rt Beaty,Assistant Secrete Richard R.Grinnan,Vice President an s .- ary Any Instrument Issued in excess of the penalty stated above is totally void and without any validity.4221197 For verification of the authority of this Power you may call(713)812-0800 on any business day between 8:30 AM and 5:00 PM CST. SureTec Insurance Company IMPORTANT NOTICE Statutory Complaint Notice/Filing of Claims To obtain information or make a complaint: You may call the Surety's toll free telephone number for information or to make a complaint or file a claim at: 1-866-732-0099.You may also write to the Surety at: SureTec Insurance Company 9737 Great Hills Trail, Suite 320 Austin,TX 78759 You may contact the Texas Department of Insurance to obtain information on companies, coverage, rights or complaints at 1-800-252-3439.You may write the Texas Department of Insurance at: PO Box 149104 Austin,TX 78714-9104 Fax#: 512-490-1007 Web: http://www.tdi.texas.gov Email: ConsumerProtection@tdi.texas.gov PREMIUM OR CLAIMS DISPUTES: Should you have a dispute concerning your premium or about a claim, you should contact the Surety first. If the dispute is not resolved, you may contact the Texas Department of Insurance. Texas Rider 8/2019 1 ARD DATE(MMD ) CERTIFICATE OF LIABILITY INSURANCE 6/3/2021 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 have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Watkins Insurance Group-Austin PHONE Susan Hord FAX 3834 Spicewood Springs Rd,Ste. 100 (A/c.No,mac):512-452-8877 (NC.Noy 512-452-0999 Austin TX 78759 noDRess: shord@watkinsinsurancegroup.com INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:FCCI Insurance Group 10178 INSURED ROYA-11 INSURER s:Travelers Property Casualty Company of America 25674 Royal Vista, Inc. dba RVI Excavation&Utilities INSURER c:Texas Mutual Insurance Company _ 22945 350 County Road 260 INSURER D: Liberty Hill TX 78642-6202 INSURER E INSURER F COVERAGES CERTIFICATE NUMBER:486579316 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TypE OF INSURANCE � WIND. SUBR POLICY EFF POLICY EXP LIMITS LTR INSD ND, POLICY NUMBER (MMIDDIYYYY) (MM!DDIYYYY) A X COMMERCIALGENERAL LIABILITY CPP100048323-01 6/22/2020 6/22/2021 EACH OCCURRENCE $1,000,000 CLAIMS-MADE X OCCUR DAMAGE TO RENTED PREMISES(Ea occurrence) $100,000 MED EXP(Any one person) $5,000 PERSONAL&ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 X POLICY X 78- LOC PRODUCTS-COMP/OP AGG $2,000,000 OTHER: $ A AUTOMOBILE LIABILITY CA100048322-01 6/22/2020 6/22/2021 COMBINED SINGLE LIMIT $1,000,000 (Ea accident) X ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS X HIRED X NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY (Per accident) A X UMBRELLA LIAB X OCCUR UMB100048324-01 6/22/2020 6/22/2021 EACH OCCURRENCE $2,000,000 e ZUP-81N26705-20-NF 3/10/2020 6/22/2021 X EXCESS LIAB CLAIMS-MADE AGGREGATE $2,000,000 DED RETENTION$ Excess Liab Occ/Agg $$4Mil/$4Mi1 C WORKERS COMPENSATION 0001239145 6/22/2020 6/22/2021 X STATUTE Fr - AND EMPLOYERS'LIABILITY Y/N ANYPROPRIETOR/PARTNERlEXECUTIVE N�A E.L.EACH ACCIDENT $1,000,000 OFFICER/MEMBEREXCLUDED? (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $1,000,000 If yes,destxibe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000 A Equipment Floater CPP100048323-01 6/22/2020 6/22/2021 Scheduled Limit 830,388 Leased/Rented Eqpt 250,000 DESCRIPTION OF OPERATIONS(LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached If more space Is required) City of Round Rock is additional insured on the general liability and auto liability policies where required by written contract.30 day notice of cancellation endorsement applies when required by written contract. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City Manager ACCORDANCE WITH THE POLICY PROVISIONS. City of Round Rock 221 E. Main Street AUTHORIZED REPRESENTATIVE Round Rock TX 78664 /1; ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD 00700 GENERAL CONDITIONS City of Round Rock Contract Forms General Conditions Section 00700 TABLE OF CONTENTS OF GENERAL CONDITIONS Article Page Number& Title Number 1. DEFINITIONS 2 2. PRELIMINARY MATTERS 5 3. CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE 7 4. AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; REFERENCE POINTS 8 5. BONDS AND INSURANCE 10 6. CONTRACTOR'S RESPONSIBILITIES 16 7. OTHER WORK 24 8. OWNER'S RESPONSIBILITIES 25 9. ENGINEER/ARCHITECT'S STATUS DURING CONSTRUCTION 26 10. CHANGES IN THE WORK 27 11. CHANGE OF CONTRACT AMOUNT 28 12. CHANGE OF CONTRACT TIMES 31 13. TESTS AND INSPECTIONS; AND CORRECTION OR REMOVAL OF DEFECTIVE WORK 32 14. PAYMENTS TO CONTRACTOR AND COMPLE 35 15. SUSPENSION OF WORK AND TERMINATION.......................................................................................39............................. 39 16. DISPUTE RESOLUTION 41 17 RIGHT TO AUDIT 42 18. MISCELLANEOUS 43 00700 04-2020 Page 1 General Conditions 00443641 GENERAL CONDITIONS ARTICLE 1 -DEFINITIONS Whenever used in these General Conditions or in the other Contract Documents, the term printed with initial capital letters or all capital letters, including the term's singular and plural forms, will have the meaning indicated in the definitions below or as defined in these General Conditions or other Contract Documents: 1.1 Addenda - Written or graphic instruments issued prior to the receipt of Proposals or the opening of Bids that clarify, correct or change the proposal or bidding requirements or the Contract Documents. 1.2 Agreement- Prescribed form, referenced as Section 00500. 1.3 Alternative Dispute Resolution-The process by which a disputed Claim may be settled if the OWNER and the CONTRACTOR cannot reach an agreement between themselves, as an alternative to litigation. 1.4 Bid - Proposal of bidder on prescribed forms setting forth prices for performing the Work described in the Contract Documents. 1.5 Bid Documents-The advertisement or invitation for bids, instructions to bidders, the bid form, the Contract Documents and Addenda. 1.6 Calendar Day-Any day of the week; no days being excepted. Work on Saturdays, Sundays, and/or Legal Holidays shall only be conducted with prior express written consent of the OWNER. 1.7 Change Directive-A written directive to the CONTRACTOR, signed by the OWNER, ordering a change in the Work and stating a proposed basis for adjustment, if any, in the Contract Amount or Contract Time, or both. A Change Directive may be used in the absence of total agreement on the terms of a Change Order. A Change Directive does not change the Contract Amount or Contract Time, but is evidence that the parties expect that the change directed or documented by a Change Directive will be incorporated in a subsequently issued Change Order. 1.8 Change Orders - Written agreements entered into between the CONTRACTOR and the OWNER authorizing an addition, deletion, or revision to the Contract, issued on or after the Execution Date of the Agreement and within the Contract term. 1.9 Claim - A written demand seeking, as a matter of right, adjustment or interpretation of Contract terms, payment of money, extension of time or other relief with respect to the terms of the Contract. 1.10 Contract - The Contract represents the entire and integrated agreement between the OWNER and the CONTRACTOR for performance of the Work, as evidenced by the Contract Documents. 1.11 Contract Amount-The amount payable by the OWNER to the CONTRACTOR for completion of the Work in accordance with the Contract Documents. 1.12 Contract Documents - Includes the Invitation to Bid, Instructions to Bidders, Agreement, General Conditions, Supplemental General Conditions, Special Conditions, Specifications, Project Manual, Drawings, Addenda and Change Orders. 1.13 Contract Time-The number of days allowed for completion of the Work as defined by the Contract. When any period is referred to in days, it will be computed to exclude the first and include the last day of such period. A day of twenty-four(24) hours measured from midnight to the next midnight will constitute a day. 1.14 CONTRACTOR - The individual, firm, corporation, or other business entity with whom the OWNER has entered into the Contract. 00700 04-2020 Page 2 General Conditions 1.15 Drawings. - Those portions of the Contract Documents which are graphic representations of the scope, extent and character of the Work to be furnished and performed by the CONTRACTOR and which have been approved by the OWNER. Drawings may include plans, elevations, sections, details, schedules and diagrams. Shop Drawings are not Drawings as so defined. 1.16 Engineer/Architect (E/A) - The OWNER's design professional identified as such in the Agreement. The titles of"Architect/Engineer,""Architect"and"Engineer" used in the Contract Documents shall be read the same as Engineer/Architect (E/A). Nothing contained in the Contract Documents shall create any contractual or agency relationship between E/A and the CONTRACTOR. 1.17 Equal -The terms"equal"or"approved equal" shall have the same meaning. 1.18 Execution Date- Date of last signature of the parties to the Agreement. 1.19 Field Order- A written order issued by Owner's Representative which orders minor changes in the Work and which does not involve a change in the Contract Amount or the Contract Time. 1.20 Final Acceptance—The stage in the Contract process when, in the OWNER's opinion, Final Completion of the Work has been attained and a Certificate of Acceptance approved by the OWNER is issued. 1.21 Final Completion -The stage in the progress of the Work when, in the OWNER's opinion, the entire Work has been completed, the CONTRACTOR's obligations under the Contract Documents have been fulfilled, and the OWNER is processing or has made final payment to the CONTRACTOR, as evidenced by a Certificate of Acceptance approved by the OWNER. 1.22 Inspector-The authorized representative of any regulatory agency that has jurisdiction over any portion of the Work. 1.23 Legal Holidays 1.23.1 The following are recognized by the OWNER: Holiday Date Observed New Year's Day January 1 Martin Luther King, Jr.'s Birthday Third Monday in January President's Day Third Monday in February Memorial Day Last Monday in May Independence Day July 4 Labor Day First Monday in September Veteran's Day November 11 Thanksgiving Day Fourth Thursday in November Friday after Thanksgiving Friday after Thanksgiving Christmas Eve December 24 Christmas Day December 25 00700 04-2020 Page 3 General Conditions 1.23.2 If a Legal Holiday falls on Saturday, it will be observed on the preceding Friday. If a Legal Holiday falls on Sunday, it will be observed on the following Monday. 1.23.3 If Christmas Eve falls on a Saturday or a Sunday, the preceding Friday is observed as the Christmas Eve holiday. 1.23.4 If Christmas Day falls on a Saturday or a Sunday, the following Monday is observed as the Christmas Day holiday. 1.24 Milestones-A significant event specified in the Contract Documents relating to an intermediate completion date or time prior to Substantial Completion of all the Work. 1.25 Notice to Proceed - A Written Notice given by the OWNER to the CONTRACTOR notifying the CONTRACTOR to commence the Work and which may also fix the date on which the Contract Times will commence to run and on which the CONTRACTOR shall start to perform the CONTRACTOR's obligations under the Contract Documents. 1.26 OWNER—The City of Round Rock,Texas, a municipal corporation, home-rule city and political subdivision organized and existing under the laws of the State of Texas, acting through the City Manager or his/her designee, officers, agents or employees to administer design and construction of the Project. 1.27 Owner's Representative-The designated representative of the OWNER. 1.28 Partial Occupancy or Use - Use by the OWNER of a partially completed part of the Work for the purpose for which it is intended (or a related purpose) prior to Substantial Completion of all the Work. 1.29 Project - The total construction of which the Work to be provided under the Contract Documents may be the whole, or a part, as indicated elsewhere in the Contract Documents. 1.30 Project Manual - That portion of the Contract Documents which may include the following: introductory information; bidding requirements, Contract forms and General and Supplemental General Conditions; General Requirements; Specifications; Drawings; Project Safety Manual; and Addenda. 1.31 Proposal—Proposal of Offeror, on prescribed forms setting forth prices for performing the Work described in the Contract Documents. 1.32 Proposal Documents—The advertisement or invitation for Proposals, Instruction to Offerors, the Proposal form, the Contract Documents and Addenda. 1.33 Resident Project Representative - The authorized representative of E/A who may be assigned to the site or any part thereof. 1.34 Shop Drawings - All drawings, diagrams, illustrations, schedules and other data or information which are specifically prepared or assembled by or for the CONTRACTOR and submitted by the CONTRACTOR as required by the Contract Documents. 1.35 Specifications - Those portions of the Contract Documents consisting of written technical descriptions as applied to the Work, which set forth to the CONTRACTOR, in detail, the requirements which must be met by all materials, equipment, construction systems, standards,workmanship, equipment and services in order to render a completed and useful project. 1.36 Substantial Completion - The stage in the progress of the Work when the Work, or designated portions thereof, may still require minor modifications or adjustments but, in the OWNER's opinion,the Work has progressed to the point such that all parts of the Work under consideration are fully operational and the beneficial use and occupancy of which can be assumed by the Owner, as evidenced by a Certificate of Substantial Completion approved by the OWNER. 00700 04-2020 Page 4 General Conditions 1.37 Subcontractor-An individual, firm, or corporation having a direct contract with the CONTRACTOR for the performance of a part of the Work. 1.38 Sub-subcontractor-A person or entity who has a direct or indirect contract with a Subcontractor or a Sub- subcontractor of any tier to perform a portion of the Work. 1.39 Superintendent - The representative of the CONTRACTOR authorized in writing to receive and fulfill instructions from Owner's Representative, and who shall supervise and direct construction of the Work. 1.40 Supplemental General Conditions-The part of the Contract Documents which either amends or supplements the General Conditions. All General Conditions which are not so amended or so supplemented shall be considered as remaining in full force and effect. 1.41 Supplier-An individual or entity having a direct contract with the CONTRACTOR or with any Subcontractor or Sub-subcontractor to furnish materials or equipment to be incorporated in the Work by the CONTRACTOR or any Subcontractor. 1.42 Time Extension Request-An approved request for time extension on a form acceptable to the OWNER. 1.43 Work- The entire completed construction, or the various separately identifiable parts thereof, required to be furnished under the Contract Documents. 1.44 Working Day - Any day of the week, not including Saturdays, Sundays, or Legal Holidays, in which conditions not under the CONTRACTOR's control will permit work for at least seven(7)hours of the Working Times. Upon authorization by the Owner's Representative, work on Saturdays, Sundays and/or Legal Holidays may be allowed and, in that event, a Working Day will be counted for each such day. 1.45 Working Times —Times of day(s) during which work may be performed. Unless authorized by Owner's Representative, all Work shall be performed between 7:00 a.m. and 6:00 p.m. on weekdays and, if previously authorized as provided for in paragraph 1.44 or paragraph 1.6 herein, as applicable, between 9:00 a.m. and 6:00 p.m. on Saturdays, Sundays or Legal Holidays. When the CONTRACTOR has been authorized to perform Work during hours outside Working Times, such hours shall be considered time worked on Working Day contracts. Notwithstanding the preceding, emergency work may be done without prior permission only as provided in paragraph 6.11.5 herein. 1.46 Written Notice-Written communication between the OWNER and the CONTRACTOR. Written Notice shall be deemed to have been duly served if delivered in person to Owner's Representative or to the CONTRACTOR's duly authorized representative, or if such Written Notice is delivered to or sent by registered or certified mail to the attention of Owner's Representative or to the CONTRACTOR's duly authorized representative at the last business address known to the party giving notice. ARTICLE 2 -PRELIMINARY MATTERS 2.1 Delivery of Agreement, Bonds, Insurance, and Other Documentation: Within ten(10)Calendar Days after written notification of award of Contract, the CONTRACTOR shall deliver to the OWNER signed Agreement, Bond(s), Insurance Certificate(s) and other documentation required for execution of the Contract. 2.2 Copies of Documents: The OWNER shall furnish to the CONTRACTOR two (2) copies of the Contract Documents unless otherwise specified. 00700 04-2020 Page 5 General Conditions 2.3 Commencement of Contract Times; Notice to Proceed: The Contract Time(s) commence on the date indicated in the Agreement or in the Notice to Proceed. Notice to Proceed will be given at any time within sixty(60)Calendar Days after the Execution Date of the Agreement, unless extended by written agreement of the parties. 2.4 Before Starting Construction: 2.4.1 No Work shall be done at the site prior to the preconstruction conference without the OWNER's approval. Before undertaking each part of the Work, the CONTRACTOR shall carefully study and compare the Contract Documents and check and verify pertinent figures shown thereon and all applicable field measurements. The CONTRACTOR shall promptly report in writing to Owner's Representative any conflict, error, ambiguity or discrepancy which the CONTRACTOR may discover and shall obtain a written interpretation or clarification from Owner's Representative before proceeding with any Work affected thereby. The CONTRACTOR shall be liable to the OWNER for failure to report any conflict, error, ambiguity or discrepancy in the Contract Documents of which the CONTRACTOR knew or reasonably should have known. 2.4.2 The CONTRACTOR shall submit the following to Owner's Representative for review and approval no later than the preconstruction conference: .1 a preliminary progress schedule indicating the times (number of days or dates) for starting and completing the various stages of the Work, including any Milestones specified in the Contract Documents, identifying when all Subcontractors will be utilized, and taking into consideration any limitations on Working Hours; .2 a preliminary schedule of Shop Drawing and sample submittals; .3 a preliminary schedule of values for all of the Work, subdivided into component parts in sufficient detail to serve as the basis for progress payments during construction. Such prices will include an appropriate amount of overhead and profit applicable to each item of Work. The preliminary schedule of values submitted by the CONTRACTOR should include a reasonable estimation of value of each item included and shall not contain disproportionate values assigned to any item or items; .4 a letter designating CONTRACTOR's Superintendent; .5 a letter from the CONTRACTOR and Subcontractor(s) listing any salaried specialists; .6 if applicable, a letter designating the "Competent Person(s)" on general safety and trench safety measures; .7 if applicable, a trench safety system plan; .8 if applicable, a plan illustrating proposed locations of temporary facilities; .9 if applicable, a traffic control plan; .10 a completed Non-Use of Asbestos Affidavit(Prior to Construction); and .11 if applicable, a letter designating the Texas Registered Professional Land Surveyor for layout of the Work. 2.5 Preconstruction Conference: Prior to commencement of Work at the site, a preconstruction conference attended by the CONTRACTOR, Owner's Representative and others will be held. 00700 04-2020 Page 6 General Conditions 2.6 Initially Acceptable Schedules: Unless otherwise provided in the Contract Documents, the CONTRACTOR shall obtain approval of Owner's Representative on final versions of the schedules submitted in accordance with paragraph 2.4.2 before the first progress payment will be made to the CONTRACTOR. The progress schedule must provide for an orderly progression of the Work to completion within any specified Milestones and Contract Times. Acceptance of the schedule by Owner's Representative will neither impose on Owner's Representative responsibility for the sequencing, scheduling or progress of the Work nor interfere with or relieve the CONTRACTOR from the CONTRACTOR's full responsibility therefor. The CONTRACTOR's schedule of Shop Drawings and sample submissions must provide an arrangement agreeable to the parties for reviewing and processing the required submittals. 2.7 Electronic Transmittals: 2.7.1 Except as otherwise stated elsewhere in the Contract Documents, the OWNER, EtA, and CONTRACTOR may transmit,and shall except, Project-related correspondence, texts, data, documents, drawings, information, and graphics, including but not limited to Shop Drawings and other submittals, in electronic media or digital format,either directly, or through access to a secure Project website. 2.7.2 When transmitting items in electronic media or digital format, the transmitting party makes no representations as to long term compatibility, usability, or readability of the items resulting from the recipient's use of software application packages, operating systems, or computer hardware differing from those used in the drafting or transmittal of the items. ARTICLE 3 -CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE 3.1 Intent: 3.1.1 The intent of the Contract Documents is to include all information necessary for the proper execution and completion of the Work by the CONTRACTOR. The Contract Documents are complementary, and what is required by one shall be as binding as if required by all. In cases of disagreement, the following order of precedence shall govern (top item receiving priority of interpretation): Change Orders Modifications to the Contract Documents made after the Execution Date Signed Agreement Addenda to the Contract Documents Special Conditions Supplemental General Conditions General Conditions Other Bidding Requirements and Contract Forms Special Provisions to the Standard Technical Specifications Special Specifications Standard Technical Specifications Drawings(figured dimensions shall govern over scaled dimensions) Project Safety manual, if applicable 3.1.2 Unless otherwise stated in the Contract Documents,words which have well-known technical or construction industry meanings are used in the Contract Documents in accordance with such recognized meanings. 3.2 Reporting and Resolving Discrepancies: Prior to commencing the Work, the CONTRACTOR shall review the Contract Documents for the purpose of discovering any conflict, error, ambiguity or discrepancy in the Contract Documents. If, at any time, the CONTRACTOR discovers any conflict, error, ambiguity or discrepancy within the Contract Documents or between the Contract Documents and any provisions of any such law or regulation applicable to the performance of the Work 00700 04-2020 Page 7 General Conditions or of any such standard, specification, manual or code or instructions of any Supplier, the CONTRACTOR shall immediately report it to Owner's Representative in writing, and the CONTRACTOR shall not proceed with the Work affected thereby until an amendment or supplement to the Contract Documents has been issued by one of the methods indicated in paragraph 3.3.1 or paragraph 3.3.2. The CONTRACTOR shall be liable to the OWNER for failure to report any such conflict, error, ambiguity or discrepancy of which the CONTRACTOR knew or reasonably should have known. 3.3 Amending and Supplementing Contract Documents: 3.3.1 The Contract Documents may be amended to provide for additions, deletions and revisions in the Work or to modify the terms and conditions thereof in one or more of the following ways: .1 Change Order. .2 Change Directive. 3.3.2 In addition, the requirements of the Contract Documents may be supplemented, and minor variations and deviations in the Work may be authorized, in one or more of the following ways: .1 Field Order. .2 Review of a Shop Drawing or sample. .3 Written interpretation or clarification. 3.4 Reuse of Documents Prohibited: The CONTRACTOR and any Subcontractor or Supplier or other person or organization performing or furnishing any of the Work under a direct or indirect contract with the OWNER: (i) shall not have or acquire any title to or ownership rights in any of the Drawings, Specifications or other documents (or copies of any thereof) prepared by or bearing the seal of E/A or E/A's consultants, and (ii) shall not reuse any of such Drawings, Specifications, other documents or copies on extensions of the Project or any other project without written consent of the OWNER and E/A. ARTICLE 4-AVAILABILITY OF LANDS;SUBSURFACE AND PHYSICAL CONDITIONS; REFERENCE POINTS 4.1 Availability of Lands: The OWNER shall furnish, as indicated in the Contract Documents, all required rights to use the lands upon which the Work is to be performed, rights-of-way and easements for access thereto, and such other lands which are designated for the use of the CONTRACTOR. The OWNER shall identify any encumbrances or restrictions not of general application but specifically related to use of lands so furnished with which the CONTRACTOR will have to comply in performing the Work. Easements for permanent structures or permanent changes in existing facilities will be obtained and paid for by the OWNER, unless otherwise provided in the Contract Documents. If the OWNER fails to furnish these lands, rights-of-way or easements in a timely manner, the CONTRACTOR may make a Claim for adjustments in the Contract Times. The CONTRACTOR shall provide for all additional lands and access thereto that may be required for temporary construction facilities or storage of materials and equipment. 4.2 Subsurface and Physical Conditions: 4.2.1 The CONTRACTOR hereby covenants that it has examined the site of the proposed Work and is familiar with all of the conditions surrounding construction of the Project, having conducted all inquiries, tests and investigations deemed necessary and proper. Unless the CONTRACTOR, prior to the execution of the Agreement, has notified the OWNER in writing of any condition of the site of the proposed Work that would adversely impact 00700 04-2020 Page 8 General Conditions the performance of the Work by the CONTRACTOR, CONTRACTOR covenants that there are no conditions at the site of the proposed work which would adversely impact the performance of Work by the CONTRACTOR. 4.2.2 If conditions are encountered at the site which are (1) subsurface or otherwise concealed physical conditions that differ materially from those indicated in the Contract Documents or(2) unknown physical conditions of an unusual nature, that differ materially from those normally encountered in the type of work being performed under this Contract, then notice by the observing party shall be given to the other party promptly before conditions are disturbed and in no event later than seven (7) calendar days after first observance of the conditions. Owner's Representative will promptly investigate such conditions with E/A and, if they differ materially and cause an increase or decrease in the CONTRACTOR's cost of, or time required for, performance of any part of the Work, OWNER will consider an equitable adjustment in the Contract Amount or Contract Time, or both. If Owner's Representative determines that the conditions at the site are not materially different from those indicated in the Contract Documents and that no change in the terms of the Contract is justified, the CONTRACTOR shall be notified in writing, stating the reasons. Any disputes arising from Owner's Representative's determination shall be resolved in accordance with Article 16. 4.2.3 Notwithstanding any other provision of this Contract, the CONTRACTOR shall be solely responsible for the location and protection of any and all public lines and utility customer service lines in the Work area. For the purposes of this section, "public lines"means the utility distribution and supply system within public rights-of-way or easements, and "utility customer service lines" (service) means any utility line connecting a utility customer to the utility distribution system. Generally, existing service connections within right-of-way or easements are not shown on the Drawings. The CONTRACTOR shall notify the OWNER and"One Call"and exercise due care to locate and to mark, uncover or otherwise protect all such lines in the construction zone and any of the CONTRACTOR's work or storage areas. The CONTRACTOR's obligation hereunder shall be primary and nondelegable. The CONTRACTOR shall indemnify or reimburse the OWNER for such expenses or costs (including fines that may be levied against the OWNER) that may result from unauthorized or accidental damage to all public lines and utility customer service lines in the Work area.The OWNER reserves the right to repair such damage the CONTRACTOR may cause, at the CONTRACTOR's expense. 4.2.4 The CONTRACTOR shall take reasonable precaution to avoid disturbing primitive records and antiquities of archaeological, paleontological or historical significance. No objects of this nature shall be disturbed without written permission of the OWNER and the Texas Department of Antiquities Protection. When such objects are uncovered unexpectedly, the CONTRACTOR shall stop all Work in close proximity and notify Owner's Representative and the Texas Department of Antiquities Protection of their presence and shall not disturb them until written permission and permit to do so is granted.All primitive rights and antiquities uncovered on the OWNER's property shall remain property of the State of Texas, the Texas Department of Antiquities Protection conforming to the Texas Natural Resources Code. If it is determined by the OWNER, in consultation with the Texas Department of Antiquities Protection,that exploration or excavation of primitive records or antiquities on Project site is necessary to avoid loss, the CONTRACTOR shall cooperate in salvage work attendant to preservation. If the Work stoppage or salvage work causes an increase in the CONTRACTOR's cost of, or time required for, performance of the Work, the Contract Amount and/or Contract Time may be equitably adjusted. 4.3 Reference Points: Unless otherwise specified, the OWNER will furnish all reference points, benchmarks, survey monuments, and control points which, in the OWNER's opinion, are suitable for laying out the Work. Such benchmarks and reference points will be placed at intervals not to exceed 1,500 feet. All reference points, benchmarks, survey monuments and control points shall be carefully preserved by the CONTRACTOR by use of flags, laths or other appropriate measures and, in case of destruction or removal by the CONTRACTOR or its employees, such reference points, benchmarks, survey monuments, and control points shall be replaced by a Registered Professional Land Surveyor at the CONTRACTOR's expense. When reference points, benchmarks, survey monuments, or control points are in conflict with the Work, then reestablishment will be the OWNER's responsibility during or upon completion of the Work. 4.4 Hazardous Materials: 00700 04-2020 Page 9 General Conditions 4.4.1 The OWNER shall be responsible for any hazardous material uncovered or revealed at the site which was not shown, indicated or identified in the Contract Documents to be within the scope of the Work and which may present a substantial danger to persons or property exposed thereto in connection with the Work at the site. The CONTRACTOR shall immediately notify Owner's Representative of any suspected hazardous materials encountered before or during performance of the Work and shall take all necessary precautions to avoid further disturbance of the materials. 4.4.2 The CONTRACTOR shall be responsible for any hazardous materials brought to the site by the CONTRACTOR, Subcontractor, Suppliers or anyone else for whom the CONTRACTOR is responsible. 4.4.3 No asbestos-containing materials shall be incorporated into the Work or brought on the Project site without prior approval of the OWNER. 4.4.4 TO THE FULLEST EXTENT PERMITTED BY LAWS AND REGULATIONS, CONTRACTOR SHALL INDEMNIFY AND HOLD HARMLESS OWNER,AND ITS COUNCIL MEMBERS, EMPLOYEES, AGENTS,AND CONSULTANTS FROM AND AGAINST ALL CLAIMS, COSTS, LOSSES, AND DAMAGES (INCLUDING BUT NOT LIMITED TO ALL FEES AND CHARGES OF ENGINEERS, ARCHITECTS, ATTORNEYS, AND OTHER PROFESSIONALS AND ALL COURT OR ARBITRATION OR OTHER DISPUTE RESOLUTION COSTS)ARISING OUT OF OR RELATING TO FAILURE TO CONTROL, CONTAIN OR REMOVE A HAZARDOUS MATERIAL BROUGHT TO THE SITE BY CONTRACTOR OR BY ANYONE FOR WHOM CONTRACTOR IS RESPONSIBLE, OR TO A HAZARDOUS ENVIRONMENTAL CONDITION CREATED BY CONTRACTOR OR BY ANYONE FOR WHOM CONTRACTOR IS RESPONSIBLE. ARTICLE 5 -BONDS AND INSURANCE 5.1 Surety and Insurance Companies: All bonds and insurance required by the Contract Documents shall be obtained from solvent surety or insurance companies that are duly licensed by the State of Texas and authorized to issue bonds or insurance policies for the limits and coverages required by the Contract Documents. The bonds shall be in a form acceptable to the OWNER and shall be issued by a surety which complies with the requirements of Chapter 3503, Texas Insurance Code (2005)and which is otherwise acceptable to the OWNER. OWNER may require the surety to obtain reinsurance for any portion of the risk that exceeds 10% of the surety's capital and surplus. For bonds exceeding $100,000, the surety must also hold a certificate of authority from the U.S. Secretary of the Treasury or have obtained reinsurance from a reinsurer that is authorized as a reinsurer in Texas and holds a certificate of authority from the U.S. Secretary of the Treasury. 5.2 Workers'Compensation Insurance Coverage: 5.2.1 Definitions: .1 Certificate of coverage ("certificate") -A copy of a certificate of insurance, a certificate of authority to self-insure issued by the commission, or a coverage agreement showing statutory workers' compensation insurance coverage for the person's or entity's employees providing services on the Project, for the duration of the Project. .2 Duration of the Project - includes the time from the beginning of the Work on the Project until the CONTRACTOR's/ person's Work on the Project has been completed and accepted by the OWNER. .3 Persons providing services on the Project ("subcontractor" herein) - includes all persons or entities performing all or part of the services the CONTRACTOR has undertaken to perform on the Project, regardless of whether that person contracted directly with the CONTRACTOR and regardless of whether that person has employees. This includes, by way of illustration and not of limitation, 00700 04-2020 Page 10 General Conditions independent contractors, Subcontractors, leasing companies, motor carriers, owner-operators, employees of any such entity, or employees of any entity which furnishes persons to provide services on the Project. "Services" include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project. "Services" does not include activities unrelated to the Project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. 5.2.2 The CONTRACTOR shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44)for all employees of the CONTRACTOR providing services on the Project, for the duration of the Project. 5.2.3 The OWNER will not execute the Contract prior to the CONTRACTOR providing all required certificates of coverage. 5.2.4 If the coverage period shown on the CONTRACTOR's current certificate of coverage ends during the duration of the Project, the CONTRACTOR must, prior to the end of the coverage period, file a new certificate of coverage with the OWNER showing that coverage has been extended. 5.2.5 The CONTRACTOR shall obtain from each person providing services on the Project, and provide to the OWNER: .1 a certificate of coverage, prior to that person beginning Work on the Project, so the OWNER will have on file certificates of coverage showing coverage for all persons providing services on the Project; and .2 no later than seven(7)days after receipt by the CONTRACTOR, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the Project. 5.2.6 The CONTRACTOR shall retain all required certificates of coverage for the duration of the Project and for one(1) year thereafter. 5.2.7 The CONTRACTOR shall notify the OWNER in writing by certified mail or personal delivery within ten (10) days after the CONTRACTOR knew or should have known of any change that materially affects the provision of coverage of any person providing services on the Project. 5.2.8 The CONTRACTOR shall post at its office or on each Project site a notice, in the text, form and manner prescribed by the Texas Workers' Compensation Commission, informing all persons providing services on the Project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage. 5.2.9 The CONTRACTOR shall contractually require each person with whom it contracts to provide services on a Project to: .1 provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44)for all of its employees providing services on the Project, for the duration of the Project; .2 provide to the CONTRACTOR, prior to that person beginning Work on the Project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the Project, for the duration of the Project; .3 provide the CONTRACTOR, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the Project; 00700 04-2020 Page 11 General Conditions .4 obtain from each other person with whom it contracts, and provide to the CONTRACTOR: a) a certificate of coverage, prior to the other person beginning Work on the Project; and b) a new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the Project; .5 retain all required certificates of coverage on file for the duration of the Project and for one (1) year thereafter; .6 notify the OWNER in writing by certified mail or personal delivery within ten (10) days after the person knew or should have known of any change that materially affects the provision of coverage of any person providing services on the Project; and .7 contractually require each person with whom it contracts, to perform as required by paragraphs 5.2.9.1 - 5.2.9.7, with the certificates of coverage to be provided to the person for whom they are providing services. 5.2.10 By signing this Contract or providing or causing to be provided a certificate of coverage, the CONTRACTOR is representing to the OWNER that all employees of the CONTRACTOR who will provide services on the Project will be covered by workers'compensation coverage for the duration of the Project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self-insured, with the commission's Division of Self-Insurance Regulation. Providing false or misleading information may subject the CONTRACTOR to administrative penalties, criminal penalties, civil penalties, or other civil actions. 5.2.11 The CONTRACTOR's failure to comply with any of these provisions is a breach of Contract by the CONTRACTOR which entitles the OWNER to declare the Contract void if the CONTRACTOR does not remedy the breach within ten (10)days after receipt of notice of breach from the OWNER. 5.3 Contractor Insurance Requirements: For specific bond requirements and additional insurance requirements, refer to the Supplemental General Conditions. 5.3.1.1 General Requirements: .1 CONTRACTOR shall carry insurance in the types and amounts indicated below for the duration of the Contract, which shall include items owned by OWNER in the care, custody and control of CONTRACTOR prior to and during construction and warranty period. .2 CONTRACTOR must complete and forward the required Certificates of Insurance to OWNER before the Contract is executed as verification of coverage required below. CONTRACTOR shall not commence Work until the required insurance is obtained and until such insurance has been reviewed by OWNER. Approval of insurance by OWNER shall not relieve or decrease the liability of CONTRACTOR hereunder and shall not be construed to be a limitation of liability on the part of CONTRACTOR. CONTRACTOR must also complete and forward the required Certificates of Insurance to OWNER whenever a previously identified policy period has expired as verification of continuing coverage. .3 CONTRACTOR's insurance coverage is to be written by companies licensed to do business in the State of Texas at the time the policies are issued and shall be written by companies with A.M. Best ratings of B+VII or better, except for hazardous material insurance which shall be written by companies with A.M. Best ratings of A-or better. 00700 04-2020 Page 12 General Conditions .4 All endorsements naming the OWNER as additional insured, waivers, and notices of cancellation endorsements as well as the Certificate of Insurance shall indicate: City of Round Rock, 221 E. Main St., Round Rock, Texas 78664. .5 The "other" insurance clause shall not apply to the OWNER where the OWNER is an additional insured shown on any policy. It is intended that policies required in the Contract, covering both OWNER and CONTRACTOR, shall be considered primary coverage as applicable. .6 If insurance policies are not written for amounts specified below, CONTRACTOR shall carry Umbrella or Excess Liability Insurance for any differences in amounts specified. If Excess Liability Insurance is provided, it shall follow the form of the primary coverage. .7 OWNER shall be entitled, upon request and without expense, to receive certified copies of policies and endorsements thereto and may make any reasonable requests for deletion or revision or modification of particular policy terms, conditions, limitations, or exclusions except where policy provisions are established by law or regulations binding upon either of the parties hereto or the underwriter on any such policies. .8 OWNER reserves the right to review the insurance requirements set forth during the effective period of this Contract and to make reasonable adjustments to insurance coverage, limits, and exclusions when deemed necessary and prudent by OWNER based upon changes in statutory law, court decisions, the claims history of the industry or financial condition of the insurance company as well as CONTRACTOR. .9 CONTRACTOR shall not cause any insurance to be canceled nor permit any insurance to lapse during the term of the Contract or as required in the Contract. .10 CONTRACTOR shall be responsible for premiums, deductibles and self-insured retentions, if any, stated in policies. All deductibles or self-insured retentions shall be disclosed on the Certificate of Insurance. .11 CONTRACTOR shall provide OWNER thirty (30) days written notice of erosion of the aggregate limits below occurrence limits for all applicable coverages indicted within the Contract. .12 If OWNER-owned property is being transported or stored off-site by CONTRACTOR, then the appropriate property policy will be endorsed for transit and storage in an amount sufficient to protect OWNER's property. .13 The insurance coverages required under this contract are required minimums and are not intended to limit the responsibility or liability of CONTRACTOR. 5.3.1.2 Business Automobile Liability Insurance. Provide coverage for all owned, non-owned and hired vehicles. The policy shall contain the following endorsements in favor of OWNER: a) Waiver of Subrogation endorsement TE 2046A; b) 30 day Notice of Cancellation endorsement TE 0202A; and c) Additional Insured endorsement TE 9901 B. Provide coverage in the following types and amounts: 00700 04-2020 Page 13 General Conditions .1 A minimum combined single limit of$500,000 per occurrence for bodily injury and property damage. Alternate acceptable limits are $250,000 bodily injury per person, $500,000 bodily injury per occurrence and at least$100,000 property damage liability each accident. 5.3.1.3 Workers' Compensation and Employers' Liability Insurance: Coverage shall be consistent with statutory benefits outlined in the Texas Workers' Compensation Act (Section 401). CONTRACTOR shall assure compliance with this Statute by submitting two (2) copies of a standard certificate of coverage (e.g. ACCORD form) to Owner's Representative for every person providing services on the Project as acceptable proof of coverage. The required Certificate of Insurance must be presented as evidence of coverage for CONTRACTOR. Workers' Compensation Insurance coverage written by the Texas Workers Compensation Fund is acceptable to OWNER. CONTRACTOR's policy shall apply to the State of Texas and include these endorsements in favor of OWNER: a) Waiver of Subrogation, form WC 420304; and b) 30 day Notice of Cancellation, form WC 420601. The minimum policy limits for Employers' Liability Insurance coverage shall be as follows: .1 $100,000 bodily injury per accident, $500,000 bodily injury by disease policy limit and $100,000 bodily injury by disease each employee. 5.3.1.4 Commercial General Liability Insurance. The Policy shall contain the following provisions: a) Blanket contractual liability coverage for liability assumed under the Contract and all contracts relative to this Project. b) Completed Operations/Products Liability for the duration of the warranty period. c) Explosion, Collapse and Underground (X, C & U) coverage. d) Independent Contractors coverage. e) Aggregate limits of insurance per project, endorsement CG 2503. fl OWNER listed as an additional insured, endorsement CG 2010. g) 30 day notice of cancellation in favor of OWNER, endorsement CG 0205. h) Waiver of Transfer of Recovery Against Others in favor of OWNER, endorsement CG 2404. Provide coverages A&B with minimum limits as follows: .1 A combined bodily injury and property damage limit of$500,000 per occurrence. 5.3.1.5 Builders' Risk Insurance. CONTRACTOR shall maintain Builders' Risk Insurance or Installation Insurance on an all risk physical loss form in the Contract Amount. Coverage shall continue until the Work is accepted by OWNER. OWNER shall be a loss payee on the policy. If off site storage is permitted, coverage shall include transit and storage in an amount sufficient to protect property being transported or stored. 5.4 Bonds: 00700 04-2020 Page 14 General Conditions 5.4.1 General. .1 Bonds, when required, shall be executed on forms furnished by or acceptable to OWNER. All bonds signed by an agent must be accompanied by a certified copy of such agent's authority to act. .2 If the surety on any bond furnished by CONTRACTOR is declared bankrupt or becomes insolvent or its right to do business is terminated in the State of Texas or it ceases to meet the requirements of the preceding paragraph, CONTRACTOR shall within ten (10)days thereafter substitute another bond and surety, both of which must be acceptable to OWNER. .3 When Performance Bonds and/or Payment Bonds are required, each shall be issued in an amount of one hundred percent (100%) of the Contract Amount as security for the faithful performance and/or payment of all CONTRACTOR's obligations under the Contract Documents. Performance Bonds and Payment Bonds shall be issued by a solvent surety company authorized to do business in the State of Texas, and shall meet any other requirements established by law or by OWNER pursuant to applicable law. Any surety duly authorized to do business in Texas may write Performance and Payment Bonds on a project without reinsurance to the limit of 10 percent of its capital and surplus. Such a surety must reinsure any obligations over 10 percent. .4 If CONTRACTOR has failed to obtain or maintain a required bond, OWNER may exclude the CONTRACTOR from the site of the Project and exercise OWNER's suspension and/or termination rights under the Contract Documents. 5.4.2 Performance Bond. .1 If the Contract Amount exceeds $100,000, CONTRACTOR shall furnish OWNER with a Performance Bond in the form set out by OWNER. .2 If the Contract Amount exceeds $25,000 but is less than or equal to $100,000, CONTRACTOR shall furnish OWNER with a Performance Bond in the form set out by OWNER, unless the original Contract Time is 60 Calendar Days/40 Working Days or less, in which case CONTRACTOR can agree to the following terms and conditions for payment in lieu of providing a Performance Bond: no money will be paid to CONTRACTOR until completion and acceptance of the Work by OWNER; CONTRACTOR shall be entitled to receive 95%of the Contract Amount following Final Completion, and the remaining 5%of the Contract Amount following the one year warranty period. .3 If the Contract Amount is less than or equal to $25,000, CONTRACTOR will not be required to furnish a Performance Bond; provided that no money will be paid to CONTRACTOR until completion and acceptance of the Work by OWNER under the following terms and conditions: CONTRACTOR shall be entitled to receive 95%of the Contract Amount following Final Completion, and the remaining 5%of the Contract Amount following the one year warranty period. .4 If a Performance Bond is required to be furnished, it shall extend for the one year warranty period. 5.4.3 Payment Bond. .1 If the Contract Amount exceeds $50,000, CONTRACTOR shall furnish OWNER with a Payment Bond in the form set out by OWNER. .2 If the Contract Amount is less than or equal to $50,000, CONTRACTOR will not be required to furnish a Payment Bond; provided that no money will be paid to CONTRACTOR until completion and acceptance of the Work by OWNER under the terms and conditions specified in paragraph 5.4.2.3. 00700 04-2020 Page 15 General Conditions ARTICLE 6-CONTRACTOR'S RESPONSIBILITIES 6.1 Supervision and Superintendence: 6.1.1 The CONTRACTOR shall supervise, inspect and direct the Work competently and efficiently,devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Contract Documents. Unless otherwise directed by the OWNER in the Contract Documents, the CONTRACTOR shall be solely responsible for the means, methods, techniques, sequences and procedures of construction. The CONTRACTOR shall be responsible to see that the completed Work complies accurately with the Contract Documents. 6.1.2 The CONTRACTOR shall have an English-speaking, competent Superintendent on the Work at all times that work is in progress. Upon request of Owner's Representative, the CONTRACTOR shall present the resume of the proposed Superintendent to Owner's Representative showing evidence of experience and successful superintendence and direction of work of a similar scale and complexity. If, in the opinion of Owner's Representative, the proposed Superintendent does not indicate sufficient experience in line with the Work, he/she will not be allowed to be the designated Superintendent for the Work. The Superintendent shall not be replaced without Written Notice to Owner's Representative. If the CONTRACTOR deems it necessary to replace the Superintendent, the CONTRACTOR shall provide the necessary information for approval, as stated above, on the proposed new Superintendent. A qualified substitute Superintendent may be designated in the event that the designated Superintendent is temporarily away from the Work, but not to exceed a time limit acceptable to Owner's Representative. The CONTRACTOR shall replace the Superintendent upon the OWNER's request in the event the Superintendent is unable to perform to the OWNER's satisfaction. The Superintendent will be the CONTRACTOR's representative on the Work and shall have the authority to act on behalf of the CONTRACTOR. All communications given to the Superintendent shall be as binding as if given to the CONTRACTOR. Either the CONTRACTOR or the Superintendent shall provide an emergency and home telephone number at which one or the other may be reached if necessary when work is not in progress. 6.2 Labor, Materials and Equipment: 6.2.1 The CONTRACTOR agrees to employ only orderly and competent workers, skillful in performance of the type of Work required under this Contract. The CONTRACTOR, Subcontractors, Sub-subcontractors, and their employees may not use or possess any firearms, alcoholic or other intoxicating beverages, illegal drugs or controlled substances while on the job or on the OWNER's property, nor may such workers be intoxicated, or under the influence of alcohol or drugs, on the job. If the OWNER or Owner's Representative notifies the CONTRACTOR that any worker is incompetent, disorderly or disobedient, has knowingly or repeatedly violated safety regulations, has possessed any firearms, or has possessed or was under the influence of alcohol or drugs on the job, the CONTRACTOR shall immediately remove such worker from performing Contract Work, and may not employ such worker again on Contract Work without the OWNER's prior written consent. The CONTRACTOR shall at all times maintain good discipline and order on or off the site in all matters pertaining to the Project. The CONTRACTOR shall pay workers no less than the wage rates established in Section 00900, and maintain weekly payroll reports as evidence thereof. 6.2.2 Unless otherwise specified, the CONTRACTOR shall provide and pay for all materials, equipment, labor, transportation, construction equipment and machinery, tools, appliances, fuel, power, light, heat, telephone, water, sanitary facilities, temporary facilities and all other facilities and incidentals necessary for the furnishing, performance, re-testing of defective work, start-up and completion of the Work. 6.2.3 All materials and equipment shall be of good quality and new (including new products made of recycled materials), except as otherwise provided in the Contract Documents. If required by Owner's Representative, the CONTRACTOR shall furnish satisfactory evidence (reports of required tests, manufacturer's certificates of compliance with material requirements, mill reports, etc.) as to the kind, quantity and quality of materials and equipment. All materials and equipment shall be applied, installed, connected, erected, used, cleaned and conditioned in accordance with instructions of the applicable Supplier, except as otherwise provided in the Contract Documents. 00700 04-2020 Page 16 General Conditions 6.2.4 Substitutes and "Approved Equal" Items: 6.2.4.1 Whenever an item of material or equipment is specified or described in the Contract Documents by using the name of a proprietary item or the name of a particular Supplier, the specification or description is intended to establish the type,function and quality required. Unless the specification or description contains words reading that no like, equivalent or"approved equal" item or no substitution is permitted, other items of material or equipment of other Suppliers may be submitted to Owner's Representative under the following circumstances: .1 "Approved Equal": If, in the OWNER's sole discretion, an item of material or an item of equipment proposed by the CONTRACTOR is functionally equal to that named and sufficiently similar so that no change in related Work will be required, it may be considered by the OWNER as an "approved equal" item, in which case review of the proposed item may, in the OWNER's sole discretion, be accomplished without compliance with some or all of the requirements for evaluation of proposed substitute items. The CONTRACTOR shall provide the OWNER with the documentation required for the OWNER to make its determination. .2 Substitute Items: If, in the OWNER's sole discretion, an item of material or an item of equipment proposed by the CONTRACTOR does not qualify as an "approved equal" item under paragraph 6.2.4.1.1, then it will be considered a proposed substitute item. The CONTRACTOR shall submit sufficient information to allow the OWNER to determine that the item of material or item of equipment proposed is essentially equivalent to that named and a substitute therefor. 6.2.4.2 Substitute Construction Methods and Procedures: If a specific means, method, technique, sequence or procedure of construction is shown or indicated in and expressly required by the Contract Documents, the CONTRACTOR may with prior approval of the OWNER furnish or utilize a substitute means, method, technique, sequence, or procedure of construction. The CONTRACTOR shall submit sufficient information to Owner's Representative to allow the OWNER, in the OWNER's sole discretion, to determine that the substitute proposed is equivalent to that expressly called for by the Contract Documents. 6.2.4.3 OWNER's Evaluation: The OWNER will be allowed a reasonable time within which to evaluate each proposal or submittal made pursuant to paragraph 6.2.4.1.1 and paragraph 6.2.4.1.2. The OWNER will be the sole judge of acceptability. No"approved equal"or substitute shall be ordered, installed, or utilized until the OWNER's review is complete, which will be evidenced by either a Change Order or completion of the Shop Drawing review procedure. The OWNER may require the CONTRACTOR to furnish at the CONTRACTOR's expense a special performance guarantee or other surety bond with respect to any"approved equal"or substitute. The OWNER shall not be responsible for any delay due to review time for any"approved equal"or substitute. 6.2.4.4 CONTRACTOR's Expense: All data to be provided by the CONTRACTOR in support of any proposed "approved equal"or substitute item will be at the CONTRACTOR's expense. 6.2.5 The CONTRACTOR agrees to assign to the OWNER any rights it may have to bring antitrust suits against its Suppliers for overcharges on materials incorporated in the Project growing out of illegal price fixing agreements. The CONTRACTOR further agrees to cooperate with the OWNER should the OWNER wish to prosecute suits against Suppliers for illegal price fixing. 6.3 Progress Schedule: Unless otherwise directed, the CONTRACTOR shall adhere to the progress schedule established in accordance with paragraph 2.6 as it may be adjusted from time to time as provided below: .1 The CONTRACTOR shall submit to Owner's Representative for acceptance proposed adjustments in the progress schedule that will not change the Contract Times or Milestones. Such adjustments will conform generally to the progress schedule then in effect. 00700 04-2020 Page 17 General Conditions .2 Proposed adjustments in the progress schedule that will change the Contract Times or Milestones shall be submitted in accordance with the requirements of Article 12. Such adjustments may only be made by a Change Order or Time Extension Request in accordance with Article 12. 6.4 Concerning Subcontractors, Suppliers and Others: 6.4.1 Assignment: The CONTRACTOR agrees to retain direct control of and give direct attention to the fulfillment of this Contract. The CONTRACTOR agrees not to, by Power of Attorney or otherwise,assign said Contract without the prior written consent of the OWNER. 6.4.2 Award of Subcontracts for Portions of the Work: The CONTRACTOR shall not employ any Subcontractor, Supplier or other person or organization, whether initially or as a substitute, against whom the OWNER may have reasonable objection. The CONTRACTOR must provide the OWNER with a list of all Subcontractors, Suppliers, or other persons or organizations it will use in the Work, and such list must be provided prior to the preconstruction conference. Should the OWNER have objections,the OWNER will communicate such objections by Written Notice. If the OWNER requires a change without good cause of any Subcontractor, person or organization previously accepted by OWNER,the Contract Amount may be increased or decreased by the difference in the cost occasioned by any such change, and an appropriate Change Order shall be issued. The CONTRACTOR shall not substitute any Subcontractor, person or organization that has been accepted by the OWNER, unless the substitute has been accepted in writing by the OWNER. No acceptance by the OWNER of any Subcontractor, Supplier or other person or organization shall constitute a waiver of any right of the OWNER to reject defective Work. 6.4.3 The CONTRACTOR shall enter into written agreements with all Subcontractors and Suppliers which specifically bind the Subcontractors or Suppliers to the applicable terms and conditions of the Contract Documents for the benefit of the OWNER and E/A. The OWNER reserves the right to specify that certain requirements shall be adhered to by all Subcontractors and Sub-subcontractors as indicated in other portions of the Contract Documents and these requirements shall be made a portion of the agreement between the CONTRACTOR and Subcontractor or Supplier. 6.4.4 The CONTRACTOR shall be fully responsible to the OWNER for all acts and omissions of the Subcontractors, Suppliers and other persons and organizations performing or furnishing any of the Work under a direct or indirect contract with the CONTRACTOR just as the CONTRACTOR is responsible for the CONTRACTOR's own acts and omissions. Nothing in the Contract Documents shall create for the benefit of any such Subcontractor, Supplier or other person or organization any contractual relationship between the OWNER and any such Subcontractor, Supplier or other person or organization, nor shall it create any obligation on the part of the OWNER or E/A to pay or to see to the payment of any amounts due any such Subcontractor, Supplier or other person or organization except as may otherwise be required by laws and regulations. 6.4.5 The CONTRACTOR shall be solely responsible for scheduling and coordinating the Work of Subcontractors, Suppliers and other persons and organizations performing or furnishing any of the Work under a direct or indirect contract with the CONTRACTOR. The CONTRACTOR shall require all Subcontractors, Suppliers and such other persons and organizations performing or furnishing any of the Work to communicate with Owner's Representative through the CONTRACTOR. 6.4.6 The divisions and sections of the Specifications and the identifications of any Drawings shall not control the CONTRACTOR in dividing or delineating the Work to be performed by any specific trade. 6.4.7 The CONTRACTOR shall pay each Subcontractor and Supplier their appropriate share of payments made to the CONTRACTOR not later than ten(10) Days after the CONTRACTOR's receipt of payment from the OWNER. 6.5 Patent Fees and Royalties: 6.5.1 The CONTRACTOR shall be responsible at all times for compliance with applicable patents or copyrights encompassing, in whole or in part, any design, device, material, or process utilized, directly or indirectly, in the performance of the Work or the formulation or presentation of its Bid. 00700 04-2020 Page 18 General Conditions 6.5.2 The CONTRACTOR shall pay all royalties and license fees and shall provide, prior to commencement of Work hereunder and at all times during the performance of same, for lawful use of any design, device, material or process covered by letters, patent or copyright by suitable legal agreement with the patentee, copyright holder, or their duly authorized representative whether or not a particular design, device, material, or process is specified by the OWNER. 6.5.3 The CONTRACTOR shall defend all suits or claims for infringement of any patent or copyright and shall indemnify and save the OWNER harmless from any and all claims, costs, losses,expenses and damages(including but not limited to 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 reserves the right to provide its own defense, with counsel of its own choosing, to any suit or claim of infringement of any patent or copyright in which event the CONTRACTOR shall indemnify and save harmless the OWNER from all costs and expenses of such defense as well as satisfaction of all judgments entered against the OWNER. 6.5.4 The OWNER shall have the right to stop the Work and/or terminate this Agreement at any time in the event the CONTRACTOR fails to disclose to the OWNER that the CONTRACTOR's work methodology includes the use of any infringing design, device, material or process. 6.6 Permits, Fees: Unless otherwise provided in the Supplemental General Conditions, the CONTRACTOR shall obtain and pay for all construction permits, licenses and fees required for prosecution of the Work. OWNER will obtain and pay for the following permits, licenses and/or fees, if required: .1 Site Development Permit. .2 Building Permit(s). .3 Texas Department of Transportation permit for work in State rights-of-way. .4 Railroad Utility License Agreement. 6.7 Laws and Regulations: 6.7.1 The CONTRACTOR shall give all notices and comply with all laws and regulations applicable to furnishing and performing the Work. Except where otherwise expressly required by applicable laws and regulations, neither the OWNER nor E/A shall be responsible for monitoring the CONTRACTOR's compliance with any laws and regulations. 6.7.2 The CONTRACTOR shall plan and execute its operations in compliance with all applicable Federal, State and local laws and regulations, including those concerning control and abatement of water pollution and prevention and control of air pollution. 6.7.3 If the CONTRACTOR performs any Work that it is contrary to laws or regulations, then the CONTRACTOR shall bear and shall indemnify, defend and hold OWNER harmless from all claims, costs, losses and damages arising therefrom; however, it shall not be the CONTRACTOR's primary responsibility to make certain that the Specifications and Drawings are in accordance with laws and regulations, but this does not relieve the CONTRACTOR of the CONTRACTOR's obligations under Article 3. 6.8 Taxes: 6.8.1 The CONTRACTOR shall pay all sales, consumer, use and other similar taxes required to be paid by the CONTRACTOR in accordance with the laws and regulations of the State of Texas. 00700 04-2020 Page 19 General Conditions 6.8.2 The OWNER is an exempt organization as defined by Chapter 11 of the Property Tax Code of Texas and is thereby exempt from payment of Sales Tax under Chapter 151, Limited Use Sales, Excise and Use Tax, Texas Tax Code, and Chapter 321, Texas Tax Code. 6.9 Use of Premises: 6.9.1 The CONTRACTOR shall confine construction equipment, the storage of materials and equipment and the operations of workers to the site and land and areas identified in and permitted by the Contract Documents and other land and areas permitted by laws and regulations, rights-of-way, permits and easements, and shall not unreasonably encumber the premises with construction equipment or other materials or equipment. The CONTRACTOR shall assume full responsibility for any damage to any such land or area, or to the owner or occupant thereof or of any adjacent land or areas, resulting from the performance of the Work. Should any claim be made by any such owner or occupant because of the performance of the Work, the CONTRACTOR shall promptly settle with such other party by negotiation or otherwise resolve the claim by dispute resolution proceeding or at law. The CONTRACTOR shall indemnify, defend and hold harmless the OWNER, E/A, EtA's consultants and anyone directly or indirectly employed by any of them from and against all claims, costs, losses and damages (including court costs and reasonable attorneys' fees) arising out of or resulting from any claim or action, legal or equitable, brought by any such owner or occupant against the OWNER, E/A or any other party indemnified hereunder to the extent caused by or based upon performance of the Work or failure to perform the Work. 6.9.2 During the progress of the Work and on a daily basis, the CONTRACTOR shall keep the premises free from accumulations of waste materials, rubbish and other debris resulting from the Work. At the completion of the Work, the CONTRACTOR shall remove all waste materials, rubbish and debris from and about the premises as well as all tools, appliances, construction equipment and machinery and surplus materials. The CONTRACTOR shall leave the site clean and ready for occupancy by the OWNER at Substantial Completion of the Work. The CONTRACTOR shall, at a minimum, restore to original condition all property not designated for alteration by the Contact Documents. 6.9.3 The CONTRACTOR shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall the CONTRACTOR subject any part of the Work or adjacent property to stresses or pressures that will endanger it. 6.10 Record Documents: The CONTRACTOR shall maintain in a safe place at the site, or other location acceptable to the OWNER, one(1) record copy of all Drawings, Specifications,Addenda, Change Orders, Change Directives, Field Orders and written interpretations and clarifications (issued pursuant to paragraph 9.5) in good order and annotated to show all changes made during construction. These record documents, together with all final samples and all final Shop Drawings,will be available to the OWNER and E/A for reference during performance of the Work. Upon Substantial Completion of the Work, these record documents, samples and Shop Drawings showing the final "as built" construction of the Project shall be promptly delivered to Owner's Representative. 6.11 Safety and Protection: 6.11.1 The CONTRACTOR shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work. Upon request, and prior to installation of measures,the CONTRACTOR shall submit a site security and safety plan for approval by the OWNER. By reviewing the plan or making recommendations or comments, the OWNER will not assume liability nor will the CONTRACTOR be relieved of liability for damage, injury or loss. The CONTRACTOR shall take all necessary precautions for the safety of and shall provide the necessary protection to prevent damage, injury or loss to: .1 all persons on the Work site or who may be affected by the Work; .2 all the Work and materials and equipment to be incorporated therein, whether in storage on or off the site; and 00700 04-2020 Page 20 General Conditions .3 other property at the site or adjacent thereto, including but not limited to, trees, shrubs, lawns, walks, pavements, roadways, structures, utilities and underground facilities not designated for removal, relocation or replacement in the course of construction. 6.11.2 The CONTRACTOR shall comply with all applicable laws and regulations of any public body having jurisdiction for safety of persons or property or to protect them from damage, injury or loss; and shall erect and maintain all necessary safeguards for such safety and protection. The CONTRACTOR shall notify owners of adjacent property and of underground facilities, and utility owners when prosecution of the Work may affect them, and shall cooperate with them in the protection, removal, relocation and replacement of their property. All damage, injury or loss to any property referred to in paragraph 6.11.1.2 and paragraph 6.11.1.3 caused, directly or indirectly, in whole or in part, by the CONTRACTOR, Subcontractor, Supplier or any person or organization directly or indirectly employed by any of them to perform or furnish any of the Work or anyone for whose acts any of them may be responsible, shall be remedied by the CONTRACTOR (except damage or loss attributable to the fault of Drawings or Specifications or to the acts or omissions of the OWNER, or E/A, or E/A's consultant or anyone employed by any of them or anyone for whose acts any of them may be responsible, and not attributable, directly or indirectly, in whole or in part, to the faults or negligence of the CONTRACTOR or any Subcontractor, Supplier or other person or organization directly or indirectly employed by any of them). The CONTRACTOR's duties and responsibilities for safety and protection of the Work shall continue until such time as all the Work is completed and Owner's Representative has issued a notice to the OWNER and the CONTRACTOR in accordance with Article 14 that the Work is acceptable (except as otherwise expressly provided in connection with Substantial Completion). 6.11.3 Safety Representative: The CONTRACTOR shall designate a qualified and experienced safety representative at the site whose duties and responsibilities shall be the prevention of accidents and the maintaining and supervising of safety precautions and programs. Upon request of the OWNER, the CONTRACTOR shall provide certifications or other documentation of the safety representative's qualifications. At a minimum, the safety representative shall have received the OSHA thirty (30) hour training and a certificate evidencing that the safety representative has received such training within the last five (5) years shall be provided to the OWNER's representative. 6.11.4 Hazard Communication Programs: The CONTRACTOR shall be responsible for coordinating any exchange of material safety data sheets or other hazard communication information required to be made available to or exchanged between or among employers at the site in accordance with laws and regulations. 6.11.5 Emergencies: 6.11.5.1 In emergencies affecting the safety or protection of persons or the Work at the site or adjacent thereto, the CONTRACTOR, without special instruction or authorization from the OWNER or EtA, is obligated to act reasonably to prevent threatened damage, injury or loss and to mitigate damage or loss to the Work. The CONTRACTOR shall give Owner's Representative prompt written notice if the CONTRACTOR believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby. If Owner's Representative determines that a change in the Contract Documents is required because of the action taken by the CONTRACTOR in response to such an emergency,a Change Directive or Change Order will be issued to document the consequences of such action; otherwise the OWNER will not be responsible for the CONTRACTOR's emergency action. 6.11.5.2 Authorized agents of the CONTRACTOR shall respond immediately to call-out at any time of any day or night when circumstances warrant the presence on Project site of the CONTRACTOR or its agent to protect the Work or adjacent property from damage, restriction or limitation or to take such action or measures pertaining to the Work as may be necessary to provide for the safety of the public. Should the CONTRACTOR and/or its agent fail to respond and take action to alleviate such an emergency situation, the OWNER may direct other forces to take action as necessary to remedy the emergency condition,and the OWNER will deduct any cost of such remedial action from the funds due to the CONTRACTOR under this Contract. 6.11.5.3 In the event there is an accident involving injury to any individual on or near the Work, the CONTRACTOR shall notify Owner's Representative within twenty-four (24) hours of the event and shall be responsible for recording the location of the event and the circumstances surrounding the event through 00700 04-2020 Page 21 General Conditions photographs, interviewing witnesses, obtaining medical reports and other documentation that describes the event. Copies of such documentation shall be provided to Owner's Representative, for the OWNER's and E/A's records, within forty-eight(48) hours of the event. 6.12 Continuing the Work: The CONTRACTOR shall carry on the Work and adhere to the progress schedule during all disputes or disagreements with the OWNER. No Work shall be delayed or postponed pending resolution of any disputes or disagreements, except as the OWNER and the CONTRACTOR may agree in writing. 6.13 CONTRACTOR's General Warranty and Guarantee: 6.13.1 The CONTRACTOR warrants and guarantees to the OWNER that all Work will be performed in a good and workmanlike manner in accordance with the Contract Documents and will not be defective. The CONTRACTOR's warranty and guarantee hereunder excludes defects or damage caused by: .1 abuse, modification or improper maintenance or operation by persons other than the CONTRACTOR, Subcontractors or Suppliers; or .2 normal wear and tear under normal usage. 6.13.2 The CONTRACTOR's obligation to perform and complete the Work in a good and workmanlike manner in accordance with the Contract Documents shall be absolute. None of the following will constitute acceptance of Work not in accordance with the Contract Documents or a release of the CONTRACTOR's obligation to perform the Work in accordance with the Contract Documents: .1 observations by Owner's Representative and/or E/A; .2 recommendation of any progress or final payment by Owner's Representative; .3 the issuance of a certificate of Substantial Completion or any payment by the OWNER to the CONTRACTOR under the Contract Documents; .4 use or occupancy of the Work or any part thereof by the OWNER; .5 any acceptance by the OWNER or any failure to do so; .6 any review of a Shop Drawing or sample submittal; .7 any inspection, test or approval by others; or .8 any correction of defective Work by the OWNER. .9 the failure of the OWNER, E/A or any other person or entity acting on behalf of the OWNER or E/A to observe, detect or discover any defect in the Work or any non-conformance of the Work with any requirement of the Contract Documents. CONTRACTOR hereby waives any claim or defense to any claim by the OWNER that any failure by the OWNER, E/A, or any other person or entity acting on behalf of the OWNER or E/A to observe, detect or discover any defect in the Work relieves or releases, in whole or in part, CONTRACTOR from any obligations or responsibility for the correction of such defects or any other obligation of CONTRACTOR under the Contract Documents. 6.14 Indemnification: 00700 04-2020 Page 22 General Conditions 6.14.1 TO THE FULLEST EXTENT PERMITTED BY LAW,AND IN ADDITION TO ANY OTHER OBLIGATIONS OF CONTRACTOR UNDER THE CONTRACT OR OTHERWISE, CONTRACTOR SHALL INDEMNIFY, DEFEND AND HOLD HARMLESS OWNER, ITS COUNCIL MEMBERS , EMPLOYEES, AGENTS, AND CONSULTANTS INCLUDING, BUT NOT LIMITED TO THE E/A (THE "INDEMNIFIED PARTIES" OR INDEMNIFIED PARTY", FROM AND AGAINST ALL CLAIMS, COSTS, LOSSES, AND DAMAGES (INCLUDING BUT NOT LIMITED TO ALL FEES AND CHARGES OF ENGINEERS, ARCHITECTS, ATTORNEYS, CONSULTANTS, EXPERTS AND OTHER PROFESSIONALS AND ALL COURT OR ARBITRATION OR OTHER DISPUTE RESOLUTION COSTS) ARISING OUT OF OR RELATING TO THE PERFORMANCE OF THE WORK, REGARDLESS OF WHETHER SUCH CLAIMS, COSTS, LOSSES, AND DAMAGES ARE CAUSED, IN WHOLE OR IN PARTY BY THE ACTS, ACTIONS, ERRORS OR OMISSIONS OF AN INDEMNIFIED PARTY. BECAUSE OWNER IS A MUNICIPALITY,THE TERMS AND PROVISIONS OF SUBCHAPTER C OF CHAPTER 151 OF THE TEXAS INSURANCE CODE ("CHAPTER 151") DOES NOT APPLY TO THE OWNER. IF, HOWEVER, ANY PROVISION OF CHAPTER 151 APPLIES TO THE OWNER, IT IS THE INTENT OF THE OWNER THAT IF THE PROVISIONS OF CHAPTER 151 DO APPLY, NOTHING HEREIN SHALL IMPOSE ANY REQUIREMENTS ON CONTRACTOR THAT ARE PROHIBITED BY CHAPTER 151 AND THAT ANY OF THE PROVISIONS HEREOF THAT ARE NOT PROHIBITED BY CHAPTER 151 SHALL REMAIN IN FULL FORCE AND EFFECT. ACCORDINGLY, IN THE EVENT THAT IN CONSTRUING AND INTERPRETING THE CONTRACT DOCUMENTS, A COURT OF COMPETENT JURISDICTION OR, IF APPLICABLE, AN ARBITRATOR, DETERMINES THAT CHAPTER 151 APPLIES TO THE OWNER, THEN THE COURT OR ARBITRATOR SHALL REFORM THE PROVISIONS HEREOF SO AS TO COMPLY WITH CHAPTER 151 AND SUCH REFORMATION SHALL NOT AFFECT THE VALIDITY OF ANY PROVISIONS HEREOF THAT ARE NOT PROHIBITED BY CHAPTER 151. 6.14.2 The indemnification obligation under paragraph 6.14.1 shall not be limited in any way by any limitation on the amount or type of damages, or compensation or benefits payable by or for the CONTRACTOR or any such Subcontractor, Supplier or other person or organization under workers'compensation acts, disability benefit acts or other employee benefit acts. 6.14.3 The obligations of the CONTRACTOR under paragraph 6.14.1 shall not extend to the liability of the OWNER, E/A, E/A's consultants, and their officers, directors, partners, employees or agents caused primarily by negligent preparation of maps, drawings, surveys, designs or specifications upon which is placed the applicable state-authorized design professional seal of the OWNER's, EtA's or E/A's consultant's officers, directors, partners, employees or agents. 6.14.4 In the event the CONTRACTOR fails to follow the OWNER's directives concerning use of the site, scheduling or course of construction, or engages in other conduct which proximately causes damage to property based on inverse condemnation or otherwise, then and in that event, the CONTRACTOR shall indemnify the OWNER against all costs resulting from such claims. 6.14.5 In the event the CONTRACTOR unreasonably delays progress of the work being done by others on the site so as to cause loss for which the OWNER becomes liable, then the CONTRACTOR shall reimburse the OWNER for such loss. 6.15 Survival of Obligations: All representations, indemnifications, warranties and guarantees made in, required by or given in accordance with the Contract Documents, as well as all continuing obligations indicated in the Contract Documents, will survive final payment, completion and acceptance of the Work and termination or completion of the Agreement. 6.16 Losses from Natural Causes: Unless otherwise specified, all loss or damage to the CONTRACTOR arising out of the nature of the Work to be done or from action of the elements, floods or from unforeseeable circumstances in prosecution of the Work or from 00700 04-2020 Page 23 General Conditions unusual obstructions or difficulties which may be encountered in prosecution of the Work, shall be sustained and borne by the CONTRACTOR at its own cost and expense. 6.17 Notice of Claim: Should the CONTRACTOR suffer injury or damage to person or property because of any error, omission or act of the OWNER or of any of the OWNER's employees or agents or others for whose acts the OWNER is liable, a Claim will be made to the other party within thirty (30) calendar days of the event giving rise to such injury or damage. The provisions of this paragraph 6.17 shall not be construed as a substitute for or a waiver of the provisions of any applicable statute of limitations, statute of repose, or any other provision of the Contract Documents. 6.18 Liquidated Damages: At set forth in the Agreement, paragraph 1.2,the CONTRACTOR or its Surety shall be liable for Liquidated Damages for the CONTRACTOR's failure to timely complete the Work or any portion thereof within the Contract Time. See Supplemental Conditions for amount of Liquidated Damages. ARTICLE 7-OTHER WORK 7.1 The OWNER may perform other work related to the Project at the site by the OWNER's own forces, or let other contracts therefor, or have other work performed by utility owners. If the CONTRACTOR believes that delay or additional cost is involved because of such action by the OWNER, the CONTRACTOR may make a Claim as provided in Article 11 or Article 12. 7.2 The CONTRACTOR shall afford other contractors who are in a contract with the OWNER and each utility owner (and the OWNER, if the OWNER is performing the additional work with the OWNER's employees) proper and safe access to the site and a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such other work and shall properly connect and coordinate the Work with theirs. Unless otherwise provided in the Contract Documents, the CONTRACTOR shall do all cutting, fitting and patching of the Work that may be required to make its several parts come together properly and integrate with such other work. The CONTRACTOR shall not endanger any work of others by cutting, excavating or otherwise altering their work and will only cut or alter their work with the written consent of Owner's Representative and the other contractors whose work will be affected. The CONTRACTOR shall promptly remedy damage caused by the CONTRACTOR to completed or partially completed construction or to property of the OWNER or separate contractors. 7.3 If the proper execution or results of any part of the CONTRACTOR's Work depends upon work performed by others under this Article 7, the CONTRACTOR shall inspect such other work and promptly report to Owner's Representative in writing any delays, defects or deficiencies in such other work that render it unavailable or unsuitable for the proper execution and results of the CONTRACTOR's Work. The CONTRACTOR's failure to report will constitute an acceptance of such other work as fit and proper for integration with the CONTRACTOR's Work except for latent or non-apparent defects and deficiencies in such other work. 7.4 The OWNER shall provide for coordination of the activities of the OWNER's own forces and of each separate contractor with the Work of the CONTRACTOR, who shall cooperate with them. The CONTRACTOR shall participate with other separate contractors and Owner's Representative in reviewing their construction schedules when directed to do so. The CONTRACTOR shall make any revisions to the construction schedule deemed necessary after a joint review and mutual agreement. The construction schedules shall then constitute the schedules to be used by the CONTRACTOR, separate contractors and the OWNER until subsequently revised. 7.5 Unless otherwise stated herein, costs caused by delays or by improperly timed activities or defective construction shall be borne by the party responsible therefor. 7.6 If CONTRACTOR damages, delays, disrupts or interferes with the work of any other contractor,or any utility owner performing other work at or adjacent to the site of the Project, through CONTRACTOR's failure to take reasonable and customary measures to avoid such impacts, or if any claim arising out of CONTRACTOR's actions, 00700 04-2020 Page 24 General Conditions inactions or negligence in performance of the Work at or adjacent to the site of the Project is made by any such other contractor or utility owner against CONTRACTOR, OWNER, or E/A, then CONTRACTOR shall (1) promptly attempt to settle the claim as to all parties through negotiations with such other contractor or utility owner, or otherwise resolve the claim by arbitration or other dispute resolution proceeding or at law, and(2) INDEMNIFY AND HOLD HARMLESS THE INDEMNIFIED PARTIES, INCLUDING, BUT NOT LIMITED TO THE E/A FROM AND AGAINST ANY SUCH CLAIMS,AND AGAINST ALL COSTS,LOSSES,AND DAMAGES(INCLUDING BUT NOT LIMITED TO ALL FEES AND CHARGES OF ENGINEERS, ARCHITECTS, ATTORNEYS, AND OTHER PROFESSIONALS AND ALL COURT OR ARBITRATION OR OTHER DISPUTE RESOLUTION COSTS) ARISING OUT OF OR RELATING TO SUCH DAMAGE, DELAY, DISRUPTION, OR INTERFERENCE. ARTICLE 8 -OWNER'S RESPONSIBILITIES 8.1 Prior to the start of construction, the OWNER will designate in writing a person or entity to act as Owner's Representative during construction. Except as otherwise provided in these General Conditions, the OWNER shall issue all communications to the CONTRACTOR through Owner's Representative. 8.2 The OWNER will not supervise, direct, control or have authority over or be responsible for the CONTRACTOR's means, methods, techniques, sequences or procedures of construction or the safety precautions and programs incident thereto. The OWNER is not responsible for any failure of the CONTRACTOR to comply with laws and regulations applicable to furnishing or performing the Work. The OWNER is not responsible for the CONTRACTOR's failure to perform or furnish the Work in accordance with the Contract Documents. Failure or omission of the OWNER to discover, or object to or condemn any defective Work or material shall not release the CONTRACTOR from the obligation to properly and fully perform the Contract. 8.3 The OWNER is not responsible for the acts or omissions of the CONTRACTOR, or of any Subcontractor, any Supplier, or of any other person or organization performing or furnishing any of the Work. 8.4 Information or services under the OWNER's control shall be furnished by the OWNER with reasonable promptness to avoid delay in the orderly progress of the Work. 8.5 The foregoing are in addition to other duties and responsibilities of the OWNER enumerated herein and especially those in respect to Article 4 (Availability of Lands; Subsurface and Physical Conditions; Reference Points), Article 7 (Other Work)and Article 14 (Payments to the CONTRACTOR and Completion). 8.6 Notice of Claim: Should the OWNER suffer injury or damage to person or property because of any error, omission or act of the CONTRACTOR or of any of the CONTRACTOR's employees or agents or others for whose acts the CONTRACTOR is liable, a notice of such injury or damage will be sent to the CONTRACTOR within thirty (30) calendar days of the event giving rise to such injury or damage. The provisions of this paragraph 8.6 shall not be construed as a substitute for or a waiver of the provisions of any applicable statute of limitations or statute of repose. 8.7 The OWNER is not responsible for the CONTRACTOR's failure to perform or furnish the Work in accordance with the Contract Documents. The failure or omission of the OWNER, E/A or any other person or entity acting on behalf of the OWNER or the E/A to observe, detect, discover, or object to or condemn any defective Work or material shall not release the CONTRACTOR from CONTRACTOR's obligation to properly and fully perform the Work pursuant to the Contract Documents. The OWNER shall not be responsible for the acts, errors or omissions of the CONTRACTOR, or any Subcontractor, Supplier or any other person or entity performing or furnishing any of the Work on behalf of the CONTRACTOR. ARTICLE 9 -ENGINEER/ARCHITECT'S STATUS DURING CONSTRUCTION 9.1 EIA's Authority and Responsibilities: 9.1.1 The duties and responsibilities and the limitations of authority of E/A during construction are set forth in the Contract Documents and shall not be extended without written consent of the OWNER and E/A. The assignment 00700 04-2020 Page 25 General Conditions of any authority, duties or responsibilities to E/A under the Contract Documents, or under any agreement between the OWNER and E/A, or any undertaking, exercise or performance thereof by E/A, is intended to be for the sole and exclusive benefit of the OWNER and is not for the benefit of the CONTRACTOR, Subcontractor, Sub- subcontractor, Supplier, or any other person or organization, or for any surety or employee or agent of any of them. 9.1.2 E/A will not supervise, direct, control or have authority over or be responsible for the CONTRACTOR's means, methods,'techniques, sequences or procedures of construction, or the safety precautions and programs incident thereto. E/A is not responsible for any failure of the CONTRACTOR to comply with laws and regulations applicable to the furnishing or performing the Work. E/A is not responsible for the CONTRACTOR's failure to perform or furnish the Work in accordance with the Contract Documents. Failure or omission of E/A to discover, or object to or condemn any defective Work or material shall not release the CONTRACTOR from the obligation to properly and fully perform the Work. 9.1.3 E/A is not responsible for the acts or omissions of the CONTRACTOR, or of any Subcontractor, any Supplier, or of any other person or organization performing or furnishing any of the Work. 9.1.4 If the OWNER so directs, E/A will review the final Application for Payment and accompanying documentation and all maintenance and operating instructions, schedules, guarantees, bonds and certificates of inspection,tests and approvals and other documentation required to be delivered by Article 14, but only to determine generally that their content complies with the requirements of, and in the case of certificates of inspections, tests and approvals that the results certified indicate compliance with, the Contract Documents. 9.1.5 The limitations upon authority and responsibility set forth in this paragraph 9.1 shall also apply to E/A's Consultants, Resident Project Representative and assistants. 9.2 E/A as Owner's Representative: 9.2.1 E/A may be designated as Owner's Representative under paragraph 8.1. 9.3 Visits to Site: If the OWNER so directs, E/A will make visits to the site at intervals appropriate to the various stages of construction as is necessary in order to observe as an experienced and qualified design professional the progress that has been made and the quality of the various aspects of the CONTRACTOR's executed Work. Based on information obtained during such visits and observations, E/A will endeavor for the benefit of the OWNER to determine if the Work is proceeding in accordance with the Contract Documents. E/A will not be required to make exhaustive or continuous on-site inspections to check the quality or quantity of the Work. E/A's efforts will be directed toward providing for the OWNER a greater degree of confidence that the completed Work will conform to the Contract Documents. On the basis of such visits and on-site observations, E/A will keep the OWNER informed of the progress of the Work and will endeavor to guard the OWNER against defective Work. E/A's visits and on-site observations are subject to all the limitations on EtA's authority and responsibility set forth in paragraph 9.1. 9.4 Project Representative: If the OWNER and E/A agree, E/A will furnish a Resident Project Representative to assist E/A in providing more continuous observation of the Work. The responsibilities and authority and limitations of any such Resident Project Representative and assistants will be as provided in paragraph 9.1 and in the Supplemental General Conditions. The OWNER may designate another representative or agent to represent the OWNER at the site who is not E/A, E/A's consultant, agent or employee. 9.5 Clarifications and Interpretations: E/A may determine that written clarifications or interpretations of the requirements of the Contract Documents (in the form of drawings or otherwise) are necessary. Such written clarifications or interpretations will be consistent with the intent of and reasonably inferable from the Contract Documents,will be issued with reasonable promptness by Owner's Representative and will be binding on the OWNER and the CONTRACTOR. If the OWNER or the 00700 04-2020 Page 26 General Conditions CONTRACTOR believes that a written clarification or interpretation justifies an adjustment in the Contract Amount or the Contract Times, the OWNER or the CONTRACTOR may make a Claim therefor as provided in Article 11 or Article 12. 9.6 Rejecting Defective Work: E/A may recommend that the OWNER disapprove or reject Work which E/A believes to be defective, or believes will not produce a completed Project that conforms to the Contract Documents or will prejudice the integrity of the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. ARTICLE 10-CHANGES IN THE WORK 10.1 Changes: 10.1.1 Without invalidating the Contract and without notice to any surety, the OWNER, at any time or from time to time, may order additions, deletions or revisions in the Work. Such changes in the Work will be authorized by Change Order, Change Directive or Field Order. 10.1.2 Changes in the Work shall be performed under applicable provisions of the Contract Documents, and the CONTRACTOR shall proceed promptly, unless otherwise provided in the Change Order, Change Directive or Field Order. 10.1.3 The CONTRACTOR shall not be entitled to an increase in the Contract Amount or an extension of the Contract Times with respect to any Work performed that is not required by the Contract Documents as amended, modified and supplemented as provided in paragraph 3.3.1 and paragraph 3.3.2, except in the case of an emergency as provided in paragraph 6.11.5 or in the case of uncovering Work as provided in paragraph 13.4. 10.1.4 Except in the case of an emergency as provided in paragraph 6.11.5, a Change Order or Change Directive is required before the CONTRACTOR commences any activities associated with a change in the Work which, in the CONTRACTOR's opinion, will result in a change in the Contract Amount and/or Contract Times. 10.1.5 If notice of any change affecting the general scope of the Work or the provisions of the Contract Documents (including, but not limited to, Contract Amount or Contract Times) is required by the provisions of any Bond to be given to a surety, the giving of any such notice will be the CONTRACTOR's responsibility, and the amount of each applicable Bond will be adjusted accordingly. 10.2 Change Orders: 10.2.1 The OWNER and the CONTRACTOR shall execute appropriate written Change Orders covering: .1 a change in the Work; .2 the amount of the adjustment in the Contract Amount, if any; and .3 the extent of the adjustment in the Contract Time, if any. 10.2.2 An executed Change Order shall represent the complete, equitable, and final amount of adjustment in the Contract Amount and/or Contract Time owed to the CONTRACTOR or the OWNER as a result of the occurrence or event causing the change in the Work encompassed by the Change Order. 10.3 Change Directives: 10.3.1 The OWNER may by written Change Directive,without invalidating the Contract,order changes in the Work within the general scope of the Contract consisting of additions, deletions or other revisions, the Contract Amount 00700 04-2020 Page 27 General Conditions and Contract Time being adjusted as necessary. A Change Directive shall be used in the absence of complete and prompt agreement on the terms of a Change Order. 10.3.2 If the Change Directive provides for an adjustment to the Contract Amount, the adjustment shall be based on the method provided for in paragraph 11.5. 10.3.3 A Change Directive shall be recorded later by preparation and execution of an appropriate Change Order. 10.3.4 Upon receipt of a Change Directive, CONTRACTOR shall promptly proceed with the change in the Work involved. 10.4 Field Order: 10.4.1 Owner's Representative may authorize minor variations in the Work from the requirements of the Contract Documents which do not involve an adjustment in the Contract Amount or the Contract Times and are compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. These shall be accomplished by written Field Order and shall be binding on the OWNER and on the CONTRACTOR who shall perform the Work involved promptly. 10.4.2 If the CONTRACTOR believes that a Field Order would require an adjustment in the Contract Amount and/or Contract Times, the CONTRACTOR shall make written request to Owner's Representative for a Change Order. Any request by the CONTRACTOR for an adjustment in Contract Amount and/or Contract Times shall be made in writing prior to beginning the work covered by the Field Order. 10.5 No Damages for Delay: Except as otherwise provided in the Contract Documents, the CONTRACTOR shall receive no compensation for delays or hindrances to the Work. If delay is caused by specific orders given by the OWNER to stop Work for reasons for which the CONTRACTOR is not responsible, or such delay is not caused by active interference in the Work by OWNER for reasons for which the CONTRACTOR is not responsible, then such delay will entitle the CONTRACTOR only to an equivalent extension of time, the CONTRACTOR's application for which shall, however, be subject to approval of the OWNER. No such extension of time shall release the CONTRACTOR or surety on its performance bond from all the CONTRACTOR's obligations hereunder which shall remain in full force until discharge of the Contract. ARTICLE 11 -CHANGE OF CONTRACT AMOUNT 11.1 The Contract Amount is stated in the Agreement and, including authorized adjustments, is the total amount payable by the OWNER to the CONTRACTOR for performance of the Work under the Contract Documents. 11.2 The original Contract Amount may not be increased by more than twenty-five percent(25%)and it may not be decreased more than twenty-five percent(25%)without the consent of the CONTRACTOR to such decrease. 11.3 The Contract Amount shall only be changed by a Change Order. Any claim for an adjustment in the Contract Amount shall be made by Written Notice delivered by the party making the Claim to the other party promptly (but in no event later than thirty(30)calendar days)after the start of the occurrence or event giving rise to the Claim and stating the general nature of the Claim. Notice of the amount of the Claim with supporting data shall be delivered within thirty (30)calendar days after Written Notice of Claim is delivered by claimant, and shall represent that the adjustment claimed covers all known amounts to which claimant is entitled as a result of said occurrence or event. If the OWNER and the CONTRACTOR cannot otherwise agree, all Claims for adjustment in the Contract Amount shall be determined as set out in Article 16. 11.4 Determination of Value of Work: 00700 04-2020 Page 28 General Conditions 11.4.1 The value of any Work covered by a Change Order or of any Claim for an adjustment in the Contract Amount will be determined by one or more of the following methods: .1 by application of unit prices contained in the Contract Documents to the quantities of the items involved. .2 by a mutually agreed lump sum properly itemized and supported by sufficient substantiating data to permit evaluation. .3 by cost of Work plus the CONTRACTOR's fee for all overhead costs and profit(determined as provided in paragraph 11.5). 11.4.2 Before using the method described in paragraph 11.4.1.3, the OWNER and the CONTRACTOR agree to negotiate a Change Order using the methods identified in paragraph 11.4.1.1 and paragraph 11.4.1.2, as appropriate, to determine the adjustment in the Contract Amount. 11.5 Cost of Work: If neither of the methods defined in paragraph 11.4.1.1 or paragraph 11.4.1.2 can be agreed upon before a change in the Work is commenced which will result in an adjustment in the Contract Amount, the OWNER may issue a Change Directive to the CONTRACTOR. If the OWNER elects to issue a Change Directive, CONTRACTOR shall perform the Changed Work and payment will be made as follows: .1 For all personnel, the CONTRACTOR will receive the rate or wage specified in the prevailing wage rates established in Section 00900 for each hour that said personnel are actually engaged in such Work, to which will be added an amount equal to twenty-five percent (25%) of the sum thereof as compensation for the CONTRACTOR's and any affected Subcontractor's total overhead and profit. No separate charge will be made by the CONTRACTOR for organization or overhead expenses. For the cost of premiums on public liability insurance, workers' compensation insurance, social security and unemployment insurance, an amount equal to fifty-five percent (55%) of the wages paid personnel, excluding the twenty-five(25%)compensation provided above,will be paid to the CONTRACTOR. The actual cost of the CONTRACTOR's bond(s) on the extra Work will be paid based on invoices from surety. No charge for superintendence will be made unless considered necessary and ordered by the OWNER. .2 The CONTRACTOR will receive the actual cost, including freight charges, of the materials used on such Work, to which costs will be added a sum equal to twenty-five percent (25%) thereof as compensation for the CONTRACTOR's and any affected Subcontractor's total overhead and profit. In case material invoices indicate a discount may be taken, the actual cost will be the invoice price minus the discount. .3 For machinery, trucks, power tools, or other similar equipment agreed to be necessary by the OWNER and the CONTRACTOR, the OWNER will allow the CONTRACTOR the rate as given in the latest edition of the Associated General Contractors of America "Contractor's Equipment Cost Guide" as published by Dataquest for each hour that said tools or equipment are in use on such work, which rate includes the cost of fuel, lubricants and repairs. No additional compensation will be allowed on the equipment for the CONTRACTOR's overhead and profit. .4 The compensation, as herein provided for, shall be received by the CONTRACTOR and any affected Subcontractor as payment in full for work done by Change Directive and will include use of small tools, and total overhead expense and profit. The CONTRACTOR and the Owner's Representative shall compare records of work done by Change Directive at the end of each day. Copies of these records will be made upon forms provided for this purpose by the OWNER and signed by both Owner's Representative and the CONTRACTOR, with one (1) copy being retained by the OWNER and one(1) by the CONTRACTOR. Refusal by the CONTRACTOR to sign these records within two (2) working days of presentation does not invalidate the accuracy of the record. 00700 04-2020 Page 29 General Conditions 11.6 Unit Price Work: 11.6.1 Where the Contract Documents provide that all or part of the Work is to be unit price Work, initially the Contract Amount will be deemed to include for all unit price work an amount equal to the sum of the established unit price for each separately identified item of unit price work times the estimated quantity of each item as indicated in the Bid. The estimated quantities of items of unit price work are not guaranteed and are solely for the purpose of comparison of Bids and determining an initial Contract Amount. Determinations of the actual quantities and classifications of unit price work performed by the CONTRACTOR will be made by Owner's Representative. Owner's Representative will review with the CONTRACTOR the preliminary determinations on such matters before rendering a written decision thereon (by recommendation of an Application for Payment or otherwise). 11.6.2 When "plan quantity" is indicated for a bid item, the CONTRACTOR shall be paid the amount specified in the Contract Documents without any measurements. 11.6.3 Each unit price will be deemed to include an amount considered by the CONTRACTOR to be adequate to cover the CONTRACTOR's overhead and profit for each separately identified item. 11.6.4 A Major Item is any individual bid item in the Bid that has a total cost equal to or greater than five percent (5%) of the original Contract Amount or $50,000, whichever is greater, computed on the basis of bid quantities and Contract unit prices. 11.6.5 The OWNER or the CONTRACTOR may make a Claim for an adjustment in the Contract Amount in accordance with Article 11 if: .1 the actual quantity of any Major Item should become as much as twenty percent (20%) more than or twenty percent(20%) less than in the Bid; or .2 The CONTRACTOR presents proper documentation contesting the accuracy of "plan quantity," and Owner's Representative verifies quantity and determines original quantity is in error by five percent (5%) or more. 11.6.E Right to Verify Information: The CONTRACTOR agrees that any designated representative of the OWNER shall have the right to examine the CONTRACTOR's records to verify the accuracy and appropriateness of the pricing data used to price change proposals. Even after a Change Order Proposal has been approved, the CONTRACTOR agrees that if the OWNER later determines the cost and pricing data submitted was inaccurate, incomplete, not current or not in compliance with the terms of this Agreement regarding pricing of change orders, then an appropriate contract price reduction will be made. 11.6.7 Pricing Information Requirements: The CONTRACTOR agrees to provide and require all subcontractors to provide a breakdown of allowable labor and labor burden cost information as outlined herein. This information will be used to evaluate the potential cost of labor and labor burden related to change order work. It is intended that this information represent an accurate estimate of the CONTRACTOR's actual labor and labor burden cost components. This information is not intended to establish fixed billing or change order pricing labor rates. However, at the time change orders are priced the submitted cost data for labor rates may be used to price change order work. The accuracy of any such agreed-upon labor cost components used to price change orders will be subject to later audit. Approved change order amounts may be adjusted later to correct the impact of inaccurate labor cost components if the agreed-upon labor cost components are determined to be inaccurate. ARTICLE 12-CHANGE OF CONTRACT TIMES 12.1 Working Day and Calendar Day Contracts: 12.1.1 The Contract Times (or Milestones) shall only be changed by Change Order or Time Extension Request duly executed by both the CONTRACTOR and Owner's Representative. Any claim for an adjustment of the Contract Times(or Milestones)shall be made by Written Notice delivered by the party making the Claim to the other 00700 04-2020 Page 30 General Conditions party promptly (but in no event later than thirty (30)calendar days) after the start of the occurrence or event giving rise to the delay and stating the general nature of the delay. Notice of the extent of the delay with supporting data shall be delivered within thirty (30) calendar days after Written Notice of Claim is delivered by claimant, and shall represent that the adjustment claimed is the entire adjustment to which claimant is entitled as a result of said occurrence or event. If the OWNER and the CONTRACTOR cannot otherwise agree, all Claims for adjustment in the Contract Times (or Milestones) shall be determined as set out in Article 16. No Claim for an adjustment in the Contract Times(or Milestones)will be valid if not submitted in accordance with the requirements of this paragraph. 12.1.2 When the CONTRACTOR is at fault and the OWNER stops the Work so that corrections in the Work can be made by the CONTRACTOR, then no extension in time will be allowed. 12.1.3 When the CONTRACTOR is prevented from completing any part of the Work within the Contract Times(or Milestones) due to delay for which the CONTRACTOR is not responsible, an extension of the Contract Times (or Milestones) in an amount equal to the time lost due to such delay will be considered by OWNER. Any extension of the Contract Time shall be the CONTRACTOR's sole and exclusive remedy for such delay. However, adverse weather shall not be considered justification for extension of Contract Times on Calendar Day contracts, except as provided for in paragraph 12.2. 12.1.4 The OWNER will consider time extension requests and may grant the CONTRACTOR an extension of time because of: .1 Changes ordered in the Work which justify additional time. .2 Failure of materials or products being at the Project site due to delays in transportation or failures of Suppliers, for which the CONTRACTOR, a Subcontractor or a Supplier is not responsible. The request for an extension of time shall be supported by a recitation of acts demonstrating that such delays were beyond the control of the CONTRACTOR, a Subcontractor or a Supplier including but not limited to, the CONTRACTOR's, the Subcontractor's or the Supplier's efforts to overcome such delays documented as follows: a) Copy of purchase order for delayed item(s) indicating date ordered by the CONTRACTOR/Subcontractor and date purchase order received by Supplier. b) If item(s) require Shop Drawings or other submittal information in accordance with the Contract Documents, provide record of date submittal(s) forwarded to Owner's Representative, date submittal(s) returned to the CONTRACTOR, and date submittal(s) forwarded to Supplier. c) Copy of document(s) from Supplier, on Supplier's letterhead, indicating date(s) item(s) would be ready for shipment and/or actual shipment date(s). d) Copies of all correspondence between the CONTRACTOR/Subcontractor and Supplier indicating the CONTRACTOR/Subcontractor's efforts to expedite item(s). e) If item(s) are being purchased by a Subcontractor, provision of meeting notes, correspondence, and the like which reflect the CONTRACTOR's efforts with the Subcontractor to expedite delivery of the item(s). .3 When acts of the OWNER, E/A, utility owners or other contractors employed by the OWNER delay progress of work through no fault of the CONTRACTOR. .4 When the CONTRACTOR is delayed by strikes, lockouts, fires, losses from natural causes, or other unavoidable cause or causes beyond the CONTRACTOR's control. 12.2 Calendar Day Contracts: 00700 04-2020 Page 31 General Conditions Under a Calendar Day Contract, the CONTRACTOR may also be granted an extension of time because of unusual inclement weather that is beyond the normal weather expected for the Williamson and Travis Counties, Texas area. Normal weather which prevents the CONTRACTOR from performing Work is expected during a Calendar Day Contract, and is not a justification for an extension of time. The following delineates the number of days per month for which, for purposes of Calendar Day Contracts, expected normal weather will prevent performance of Work: January 7 days February 7 days March 7 days April 7 days May 8 days June 6 days July 6 days August 5 days September 7 days October 7 days November 7 days December 7 days Days per month exceeding the number shown above may be credited as Rain Days if a Claim is made in accordance with paragraph 12.1.1 and meets the following definition: a"Rain Day" is any day in which a weather event occurs at the site and is sufficient to prevent the CONTRACTOR from performing units of Work critical to maintaining the project schedule during the entire day. ARTICLE 13-TESTS AND INSPECTIONS; AND CORRECTION OR REMOVAL OF DEFECTIVE WORK 13.1 Notice of Defects: Prompt notice of all defective Work of which the OWNER or E/A has actual knowledge will be given to the CONTRACTOR. All defective Work may be rejected or corrected as provided for in Article 13. 13.2 Access to Work: The OWNER, E/A, E/A's Consultants, other representatives and personnel of the OWNER, independent testing laboratories and governmental agencies having jurisdiction will have unrestricted physical access to the Work site for observing, inspecting and testing. The CONTRACTOR shall provide them proper and safe conditions for such access, and advise them of the CONTRACTOR's site safety procedures and programs so that they may comply therewith as applicable. 13.3 Tests and Inspections: 13.3.1 The CONTRACTOR shall give timely notice of readiness of the Work for all required inspections, tests or approvals, and shall cooperate with inspection and testing personnel to facilitate required inspections or tests. 13.3.2 The OWNER shall employ and pay for services of an independent testing laboratory to perform all inspections, tests or approvals required by the Contract Documents except: .1 for inspections, tests or approvals covered by paragraph 13.3.3 below; .2 for reinspecting or retesting defective Work; and .3 as otherwise specifically provided in the Contract Documents. All testing laboratories shall be those selected by the OWNER. 00700 04-2020 Page 32 General Conditions 13.3.3 If laws or regulations of any public body having jurisdiction require any Work(or part thereof specifically to be inspected, tested or approved by an employee or other representative of such public body, the CONTRACTOR shall assume full responsibility for arranging and obtaining such inspections, tests or approvals, pay all costs in connection therewith and furnish Owner's Representative the required certificates of inspection or approval. The CONTRACTOR shall also be responsible for arranging and obtaining and shall pay all costs in connection with any inspections, tests or approvals required for the OWNER's and E/A's review of materials or equipment to be incorporated in the Work, or of materials, mix designs or equipment submitted for review prior to the CONTRACTOR's purchase thereof for incorporation in the Work. 13.4 Uncovering Work: 13.4.1 If any Work (or the work of others) that is to be inspected, tested or approved is covered by the CONTRACTOR without concurrence of Owner's Representative, or if any Work is covered contrary to the written request of Owner's Representative, it must, if requested by Owner's Representative, be uncovered and recovered at the CONTRACTOR's expense. 13.4.2 If Owner's Representative considers it necessary or advisable that covered Work be observed, inspected or tested, the CONTRACTOR shall uncover, expose or otherwise make available for observation, inspection or testing that portion of the Work in question, furnishing all necessary labor, material and equipment. If it is found that such Work is defective, the CONTRACTOR shall pay all claims, costs, losses and damages caused by, arising out of or resulting from such uncovering, exposure, observation, inspection and testing and of satisfactory replacement or reconstruction (including but not limited to all costs of repair or replacement of work of others); and the OWNER shall be entitled to an appropriate decrease in the Contract Amount, and may make a Claim therefor as provided in Article 11. If, however, such Work is not found to be defective, the CONTRACTOR shall be allowed an increase in the Contract Amount or an extension of the Contract Times (or Milestones), or both, directly attributable to such uncovering, exposure, observation, inspection, testing, replacement and reconstruction; and the CONTRACTOR may make a Claim therefor as provided in Article 11 and Article 12. 13.5 OWNER May Stop the Work: 13.5.1 If the Work is defective, or the CONTRACTOR fails to supply sufficient skilled workers or suitable materials or equipment, or fails to furnish or perform the Work in such a way that the completed Work will conform to the Contract Documents, the OWNER may order the CONTRACTOR to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, this right of the OWNER to stop the Work shall not give rise to any duty on the part of the OWNER to exercise this right for the benefit of the CONTRACTOR or any surety or other party. 13.5.2 If the CONTRACTOR fails to correct defective Work or submit a satisfactory plan to take corrective action, with procedure and time schedule, the OWNER may order the CONTRACTOR to stop the Work, or any portion thereof, until cause for such order has been eliminated, or take any other action permitted by this Contract. A notice to stop the Work, based on defects, shall not stop calendar or working days charged to the Project. 00700 04-2020 Page 33 General Conditions 13.6 Correction or Removal of Defective Work: If required by the OWNER,the CONTRACTOR shall promptly, as directed,either correct all defective Work,whether or not fabricated, installed or completed, or, if the Work has been rejected by Owner's Representative, remove it from the site and replace it with Work that is not defective. The CONTRACTOR shall correct or remove and replace defective Work, or submit a plan of action detailing how the deficiency will be corrected, within the time frame identified in the notice of defective Work. The CONTRACTOR shall pay all claims, costs, losses and damages caused by or resulting from such correction or removal(including but not limited to all costs of repair or replacement of work of others), including but not limited to all consultant, engineering, expert and attorney's fees incurred by the OWNER as a result of such defective work or as necessary for OWNER to investigate such defective Work and/or to determine the appropriate means or methods to address or correct such defective Work. The OWNER shall have the right, in OWNER's sole discretion, to have the E/A or other consultant specify the means and methods that will be followed to correct or address any defective Work. If the OWNER specifies a means or method by which the defective Work will be addressed or corrected, the CONTRACTOR shall perform the specified work necessary to address or correct the defective Work at CONTRACTOR's sole cost and expense. 13.7 Warranty period: 13.7.1 If, at any time after the date of Substantial Completion or such longer period of time as may be prescribed by laws or regulations or by the terms of any applicable special guarantee required by the Contract Documents or by any specific provision of the Contract Documents, any Work is found to be defective, the CONTRACTOR shall promptly, without cost to the OWNER and in accordance with the OWNER's written instructions: (i) correct such defective Work, or, if it has been rejected by the OWNER, remove it from the site and replace it with Work that is not defective, and (ii) satisfactorily correct or remove and replace any damage to other Work or the work of others resulting therefrom. If the CONTRACTOR does not promptly comply with the terms of such instructions, or in an emergency where delay would cause serious risk of loss or damage, the OWNER may have the defective Work corrected or the rejected Work removed and replaced, and all claims, costs, losses and damages caused by or resulting from such removal and replacement (including but not limited to all costs of repair or replacement of work of others and all consultant, expert and attorney's fees incurred by OWNER)will be paid by the CONTRACTOR. 13.7.2 In special circumstances where a particular item of equipment is placed in continuous service before Substantial Completion of all the Work, the warranty period for that item may start to run from an earlier date if so provided in the Contract Documents and agreed to by OWNER. 13.8 OWNER May Correct Defective Work: If the CONTRACTOR fails within a reasonable time after Written Notice of the OWNER to correct defective Work, or to remove and replace rejected Work, or if the CONTRACTOR fails to perform the Work in accordance with the Contract Documents, or if the CONTRACTOR fails to comply with any other provision of the Contract Documents, the OWNER may, after seven (7) calendar days' Written Notice to the CONTRACTOR, correct and remedy any such deficiency. If, in the opinion of Owner's Representative, significant progress has not been made during this seven(7)calendar day period to correct the deficiency,the OWNER may exercise any actions necessary to remedy the deficiency. In exercising the rights and remedies under this paragraph,the OWNER shall proceed expeditiously. In connection with such corrective and remedial action, the OWNER may exclude the CONTRACTOR from all or part of the site, take possession of all or part of the Work, and suspend the CONTRACTOR's services related thereto, and incorporate in the Work all materials and equipment stored at the site or for which the OWNER has paid the CONTRACTOR but which are stored elsewhere. The CONTRACTOR shall allow the OWNER, its agents and employees,the OWNER's other contractors, E/A and E/A's consultants access to the site to enable the OWNER to exercise the rights and remedies under this paragraph. All claims, costs, losses and damages incurred or sustained by the OWNER in exercising such rights and remedies will be charged against the CONTRACTOR and a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the 00700 04-2020 Page 34 General Conditions Work. Such claims, costs, losses and damages will include but not be limited to all costs of repair or replacement of work of others destroyed or damaged by correction, removal or replacement of the CONTRACTOR's defective Work and any and all consultant, expert and attorneys fees incurred by OWNER as a result of OWNER's correction of defective WORK. The CONTRACTOR shall not be allowed an extension of the Contract Times (or Milestones), or claims of damage because of any delay in the performance of the Work attributable to the exercise by the OWNER of the OWNER's rights and remedies hereunder. 13.9 ACCEPTANCE OF DEFECTIVE WORK If, instead of requiring correction or removal and replacement of defective Work, OWNER prefers to accept it, OWNER may do so. CONTRACTOR shall pay all claims, costs, losses, and damages attributable to OWNER's evaluation of and determination to accept such defective Work, including but not limited to any expert, engineering or other consultant's fees incurred by the OWNER to investigate such defective Work and/or to determine the appropriate means or methods and work necessary to allow OWNER to accept the defective Work and CONTRACTOR shall pay for all work required to be performed to allow OWNER to accept the defective Work and any estimated costs, expenses and damages OWNER may sustain in the future as a result of accepting the defective Work, including any diminution in value of the Project as a result of accepting the defective Work. If any such acceptance occurs prior to final payment, the necessary revisions in the Contract Documents with respect to the Work shall be incorporated in a Change Order. If the parties are unable to agree as to the decrease in the Contract Price, then OWNER may impose a reasonable set-off against payments due under the Contract Documents. If the acceptance of defective Work occurs after final payment, CONTRACTOR shall pay to OWNER the above described costs, expenses and damages incurred by OWNER as a result of OWNER's acceptance of defective Work. ARTICLE 14-PAYMENTS TO CONTRACTOR AND COMPLETION 14.1 Application for Progress Payment: 14.1.1 Not more than once per month, the CONTRACTOR shall submit to Owner's Representative for review an Application for Payment, in a form acceptable to the OWNER, filled out and signed by the CONTRACTOR covering the Work completed as of the date of the Application and accompanied by such supporting documentation as is required by the Contract Documents or as required by OWNER. 14.1.2 Such applications shall not include requests for payment on account of changes in the Work which have been properly authorized by Change Directives but not yet included in Change Orders. 14.1.3 Such applications shall not include requests for payment of amounts the CONTRACTOR does not intend to pay to a Subcontractor or Supplier because of a dispute or other reason. 14.1.4 Owner will not pay for materials or equipment not incorporated in the Work but delivered and suitably stored at the site or at another location. Payment will be made by Owner only for Work completed in accordance with the Contract Documents. 14.1.5 Where the original Contract Amount is less than$400,000, the OWNER will pay to the CONTRACTOR the total amount of approved Application for Payment, less ten percent(10%)of the amount thereof, which ten percent (10%)will be retained until final payment, less all previous payments and less all sums that may be retained by the OWNER under the terms of this Agreement. Where the original Contract Amount is$400,000 or more,the OWNER will pay to the CONTRACTOR the total amount of approved Application for Payment, less five percent(5%) of the amount thereof, which five percent(5%)will be retained until final payment, less all previous payments and less all sums that may be retained by the OWNER under the terms of this Agreement. In either case, if the Work is near completion and delay occurs due to no fault or neglect of the CONTRACTOR, the OWNER may pay a portion of the retained amount to the CONTRACTOR. The CONTRACTOR, at the OWNER's option, may be relieved of the obligation to complete the Work and, thereupon, the CONTRACTOR shall receive payment of the balance due under the Contract subject to the conditions stated under paragraph 15.2. 00700 04-2020 Page 35 General Conditions 14.1.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, either indicate a recommendation for payment and forward the Application for processing by the OWNER, or return the Application to the CONTRACTOR indicating Owner's Representative's reasons for refusing to recommend payment. In the latter case, the CONTRACTOR may make the necessary corrections and resubmit the Application. 14.3.2 Owner's Representative's recommendation of any payment requested in an Application for Payment will constitute a representation by Owner's Representative, based upon Owner's Representative's on-site observations of the executed Work and on Owner's Representative's review of the Application for Payment and the accompanying data and schedules, that to the best of Owner's Representative's knowledge, information and belief: .1 the Work has progressed to the point indicated; and .2 the quality of the Work is in accordance with the Contract Documents (subject to an evaluation of the Work as a functioning whole prior to or upon Substantial Completion, to the results of any subsequent tests called for in the Contract Documents, to a final determination of quantities and classifications for unit price Work, and to any other qualifications stated in the recommendation). 14.3.3 By recommending any such payment, Owner's Representative will not thereby be deemed to have represented that: .1 inspections have been made to check the quality or the quantity of the Work or that the Work has been performed in accordance with the Contract Documents; .2 examination has been made to ascertain how or for what purpose the CONTRACTOR has used money previously paid on account of the Contract Amount; .3 the CONTRACTOR's construction means, methods, techniques, sequences or procedures have been reviewed; or .4 that there may not be other matters or issues between the parties that might entitle the CONTRACTOR to be paid additionally by the OWNER or entitle the OWNER to withhold payment to the CONTRACTOR. 14.4 Decisions to Withhold Payment: 14.4.1 The OWNER may withhold or nullify the whole or part of any payment to such extent as may be necessary on account of: .1 defective Work not remedied; 00700 04-2020 Page 36 General Conditions .2 reasonable evidence that the Work cannot be completed for the unpaid balance of the Contract Amount; .3 damage to the OWNER or another contractor; .4 reasonable evidence that the Work will not be completed within the Contract Time, and that the unpaid balance would not be adequate to cover actual or liquidated damages for the anticipated delay; .5 failure of the CONTRACTOR to submit a schedule of values in accordance with the Contract Documents; .6 failure of the CONTRACTOR to submit a submittal schedule in accordance with the Contract Documents; .7 failure of the CONTRACTOR to submit or update construction schedules in accordance with the Contract Documents; .8 failure of the CONTRACTOR to maintain a record of changes on drawings and documents; .9 failure of the CONTRACTOR to maintain weekly payroll reports; .10 failure of the CONTRACTOR to submit monthly subcontractor reports; .11 the CONTRACTOR's neglect or unsatisfactory prosecution of the Work, including failure to clean up; or .12 failure of the CONTRACTOR to comply with any provision of the Contract Documents. .13 OWNER's disagreement with the recommendation of the Owner's Representative, provided the OWNER has provided a Written Notice to the CONTRACTOR specifying the reasons why OWNER does not agree with such recommendation. 14.4.2 When the above reasons for withholding payment are removed, the CONTRACTOR shall resubmit a statement for the value of Work performed. Payment will be made within thirty (30) calendar days of receipt of approved Application for Payment. 14.5 Delayed Payments: Should the OWNER fail to make payment to the CONTRACTOR of a sum named in any Application for Payment with which OWNER agrees and has approved for payment within thirty (30) calendar days after the day on which the OWNER received the mutually acceptable Application for Payment, then the OWNER will pay to the CONTRACTOR, in addition to the sum shown as due by such Application for Payment, interest thereon at the rate of one percent (1%) per month from date due until fully paid, which shall fully liquidate any injury to the CONTRACTOR growing out of such delay in payment. 14.6 Arrears: No money shall be paid by the OWNER upon any claim, debt, demand or account whatsoever, to any person, firm or corporation who is in arrears to the OWNER; and the OWNER shall be entitled to counterclaim and offset against any such debt, claim, demand or account so in arrears and no assignment or transfer of such debt, claim, demand or account, shall affect the right of the OWNER to so offset said amounts, and associated penalties and interest if applicable, against the same. 00700 04-2020 Page 37 General Conditions 14.7 Substantial Completion: 14.7.1 If a Certificate of Occupancy is required by public authorities having jurisdiction over the Work, said certificate shall be issued before the Work or any portion thereof is considered substantially complete. When the CONTRACTOR considers that the Work, or a portion thereof which the OWNER agrees to accept separately, is substantially complete, the CONTRACTOR shall notify Owner's Representative and request a determination as to whether the Work or designated portion thereof is substantially complete. If Owner's Representative does not consider the Work substantially complete, Owner's Representative will notify the CONTRACTOR giving reasons therefor. Failure on the OWNER's part to list a reason does not alter the responsibility of the CONTRACTOR to complete all Work in accordance with the Contract Documents. After satisfactorily completing items identified by Owner's Representative, the CONTRACTOR shall then submit another request for Owner's Representative to determine substantial completion. If Owner's Representative considers the Work substantially complete, Owner's Representative will prepare and deliver a certificate of Substantial Completion which shall establish the date of Substantial Completion, shall include a punch list of items to be completed or corrected before final payment, shall establish the time within which the CONTRACTOR shall finish the punch list, and shall establish responsibilities of the OWNER and the CONTRACTOR for security, maintenance, heat, utilities, damage to the Work, warranty and insurance. Failure to include an item on the punch list does not alter the responsibility of the CONTRACTOR to complete all Work in accordance with the Contract Documents. The certificate of Substantial Completion shall be signed by the OWNER and the CONTRACTOR to evidence acceptance of the responsibilities assigned to them in such certificate. 14.7.2 The OWNER shall have the right to exclude the CONTRACTOR from the Work after the date of Substantial Completion, but the OWNER will allow the CONTRACTOR reasonable access to complete or correct items on the punch list. 14.8 Partial Utilization: The OWNER, at the OWNER's sole option, shall have the right to take possession of and use any completed or partially completed portion of the Work regardless of the time for completing the entire Work. The OWNER's exercise of such use and possession shall not be construed to mean that the OWNER acknowledges that any part of the Work so possessed and used is substantially complete or that it is accepted by OWNER, and the OWNER's exercise of such use and possession shall not relieve the CONTRACTOR of its responsibility to complete all Work in accordance with the Contract Documents. 14.9 Final Inspection: Upon Written Notice from the CONTRACTOR that the entire Work or an agreed portion thereof is complete,Owner's Representative will make a final inspection with the CONTRACTOR and provide Written Notice of all particulars in which this inspection reveals that the Work is incomplete or defective. The CONTRACTOR shall immediately take such measures as are necessary to complete such Work or remedy such deficiencies. 14.10 Final Application for Payment: The CONTRACTOR may make application for final payment following the procedure for progress payments after the CONTRACTOR has completed all such corrections to the satisfaction of Owner's Representative and delivered the following documents: .1 Three (3) complete operating and maintenance manuals, each containing maintenance and operating instructions, schedules, guarantees, and other documentation required by the Contract Documents; .2 Record documents (as provided in paragraph 6.10); .3 Consent of surety, if any, to final payment. If surety is not provided, complete and legally effective releases or waivers (satisfactory to the OWNER) of all claims arising out of or filed in connection with the Work; 00700 04-2020 Page 38 General Conditions .4 Certificate evidencing that insurance required by the Supplemental General Conditions will remain in force after final payment and through any warranty period; .5 Non-Use of Asbestos Affidavit(After Construction); and .6 Any other documentation called for in the Contract Documents. 14.11 Final Payment and Acceptance: 14.11.1 If, on the basis of observation of the Work during construction, final inspection, and review of the final Application for Payment and accompanying documentation as required by the Contract Documents, Owner's Representative is satisfied that the Work has been completed and the CONTRACTOR's other obligations under the Contract Documents have been fulfilled, Owner's Representative will recommend the final Application for Payment and thereby notify the OWNER. If the OWNER agrees with the recommendation of the Owner's Representative, the OWNER will pay to the CONTRACTOR the balance due the CONTRACTOR under the terms of the Contract. 14.11.2 As Contract Time is measured to Final Completion, Owner's Representative will issue a letter of final acceptance to the CONTRACTOR which establishes the Final Completion date and initiates any warranty period. 14.11.3 Final payment is considered to have taken place when the CONTRACTOR or any of its representatives negotiates the OWNER's final payment check, whether labeled final or not, for cash or deposits check in any financial institution for its monetary return. 14.12 Waiver of Claims: The making and acceptance of final payment will constitute: .1 a waiver of claims by the OWNER against the CONTRACTOR, except claims arising from unsettled claims, from defective Work appearing after final inspection, from failure to comply with the Contract Documents or the terms of any warranty specified therein, or from the CONTRACTOR's continuing obligations under the Contract Documents; and .2 a waiver of all claims by the CONTRACTOR against the OWNER other than those previously made in writing and still unsettled. ARTICLE 15-SUSPENSION OF WORK AND TERMINATION 15.1 OWNER May Suspend Work Without Cause and for Convenience: At any time and without cause and for convenience, the OWNER may suspend the Work or any portion thereof for a period of not more than ninety(90)calendar days by written agreement or by Written Notice to the CONTRACTOR which will fix the date on which the Work will be resumed. The CONTRACTOR shall resume the Work on the date so fixed. The CONTRACTOR may be allowed an adjustment in the Contract Amount or an extension of the Contract Times,or both, directly attributable to any such suspension if the CONTRACTOR makes an approved Claim therefor as provided in Article 11 and Article 12. 15.2 OWNER May Terminate Without Cause: Upon seven (7)calendar days'Written Notice to the CONTRACTOR, the OWNER may, without cause and without prejudice to any right or remedy of the OWNER, elect to terminate the Agreement. In such case, the CONTRACTOR shall be paid (without duplication of any items): .1 for completed and acceptable Work executed in accordance with the Contract Documents prior to the effective date of termination; 00700 04-2020 Page 39 General Conditions .2 for all claims incurred in settlement of terminated contracts with Suppliers, Subcontractors, and others. The CONTRACTOR agrees to negotiate in good faith with Subcontractors, Suppliers and others to mitigate the OWNER's cost CONTRACTOR shall include in any subcontract or purchase order language that provides that if the Agreement is terminated without cause, the Subcontractor and Suppliers will only be paid for work performed or materials and equipment supplied and shall not have any other claims against CONTRACTOR or OWNER; CONTRACTOR shall not be paid for any profit or overhead for Work not completed. 15.3 OWNER May Terminate With Cause: 15.3.1 Upon the occurrence of any one or more of the following events: .1 if the CONTRACTOR persistently fails to perform the Work in accordance with the Contract Documents; .2 if the CONTRACTOR disregards laws or regulations of any public body having jurisdiction; .3 if the CONTRACTOR disregards the authority of Owner's Representative; .4 if the CONTRACTOR makes fraudulent statements; .5 if the CONTRACTOR fails to maintain a work force adequate to accomplish the Work within the Contract Time; .6 if the CONTRACTOR fails to make adequate progress and endangers successful completion of the Contract; or .7 if the CONTRACTOR otherwise violates any provisions of the Contract Documents; The OWNER may, after giving the CONTRACTOR (and the surety, if any) seven (7) calendar days'Written Notice terminate the services of the CONTRACTOR. The OWNER, at its option, may proceed with negotiation with surety for completion of the Work. Alternatively,the OWNER may under these circumstances exclude the CONTRACTOR from the site and take possession of the Work (without liability to the CONTRACTOR for trespass or conversion), incorporate in the Work all materials and equipment stored at the site or for which the OWNER has paid the CONTRACTOR but which are stored elsewhere, and finish the Work as the OWNER may deem expedient. In such case the CONTRACTOR shall not be entitled to receive any further payment until the Work is finished. If the unpaid balance of the Contract Amount exceeds all claims, costs, losses and damages sustained by the OWNER arising out of or resulting from completing the Work, such excess will be paid to the CONTRACTOR. If such claims, costs, losses and damage exceed such unpaid balance, the CONTRACTOR or surety shall pay the difference to the OWNER. 15.3.2 Where the CONTRACTOR's services have been so terminated by the OWNER, the termination will not affect any rights or remedies of the OWNER against the CONTRACTOR and surety then existing or which may thereafter accrue. Any retention or payment of amounts due the CONTRACTOR by the OWNER will not release the CONTRACTOR from liability. In the event the OWNER terminates the Contract with cause, the OWNER may reject any and all bids submitted by the CONTRACTOR for up to three(3) years. 00700 04-2020 Page 40 General Conditions 15.4 CONTRACTOR May Stop Work or Terminate: If through no act or fault of the CONTRACTOR,the Work is suspended for a period of more than ninety(90)calendar days by the OWNER or under an order of court or other public authority, or (except during disputes) Owner's Representative fails to forward for processing any mutually acceptable Application for Payment within thirty (30) calendar days after it is submitted, or(except during disputes)the OWNER fails for sixty (60) calendar days after it is submitted to pay the CONTRACTOR any sum finally determined by the OWNER to be due, then the CONTRACTOR may, upon seven(7)calendar days'Written Notice to the OWNER, and provided the OWNER does not remedy such suspension or failure within that time, terminate the Agreement and recover from the OWNER payment on the same terms as provided in paragraph 15.2. In lieu of terminating the Agreement and without prejudice to any other right or remedy, if(except during disputes) Owner's Representative has failed to forward for processing any mutually acceptable Application for Payment within thirty (30)calendar days after it is submitted, or (except during disputes) the OWNER has failed for sixty (60) calendar days after it is submitted to pay the CONTRACTOR any sum finally determined by the OWNER to be due, the CONTRACTOR may upon seven (7) calendar days' Written Notice to the OWNER stop the Work until payment of all such amounts due the CONTRACTOR, including interest thereon. The provisions of this paragraph 15.4 are not intended to preclude the CONTRACTOR from making a Claim under Article 11 and Article 12 for an increase in Contract Amount or Contract Times or otherwise for expenses or damage directly attributable to the CONTRACTOR's stopping Work as permitted by this paragraph. ARTICLE 16-DISPUTE RESOLUTION 16.1 Filing of Claims: 16.1.1 Claims arising from the circumstances identified in paragraphs 3.2, 4.1, 4.2.2, 4.2.4, 6.4.2, 6.11.5.2, 6.17, 7.5, 8.6, 9.5, 10.4.2, 13.8, 15.1, 15.2, 15.3, or 15.4, or other occurrences or events, shall be made by Written Notice delivered by the party making the Claim to the other party within thirty (30) calendar days after the start of the occurrence or event giving rise to the Claim and stating the general nature of the Claim. Notice of the amount of the Claim with supporting data shall be delivered within thirty (30) calendar days after Written Notice of Claim is delivered by claimant and shall represent that the adjustment claimed covers all known amounts to which claimant is entitled. 16.1.2 Within thirty(30)calendar days of receipt of notice of the amount of the Claim with supporting data, Owner's Representative and the CONTRACTOR shall meet to discuss the Claim, after which an offer of settlement or notification of no settlement offer will be made to claimant. If claimant is not satisfied with the proposal presented, claimant shall have thirty (30)calendar days in which to: .1 submit additional supporting data requested by the other party; .2 modify the initial Claim; or .3 request Alternative Dispute Resolution. 16.2 Alternative Dispute Resolution: 16.2.1 If a dispute exists concerning a Claim, the parties agree to use the following procedure prior to pursuing any other available remedies. The OWNER reserves the right to include E/A as a party. 16.2.2 Negotiating with Previously Uninvolved Personnel: Either party may make a written request for a meeting to be held between representatives of each party within fourteen (14) calendar days of the request or such later period that the parties may agree to. Each party shall endeavor to include, at a minimum, one (1) previously uninvolved senior level decision maker empowered to negotiate on behalf of their organization. The purpose of this and subsequent meetings will be good faith negotiations of the matters constituting the dispute. Negotiations shall be concluded within thirty(30)calendar days of the first meeting, unless mutually agreed otherwise. This step may 00700 04-2020 Page 41 General Conditions be waived by written agreement of both parties, in which event the parties may proceed directly to mediation as described below. 16.2.3 Mediation: 16.2.3.1 If the procedure described in paragraph 16.2.2 proves unsuccessful or is waived pursuant to its terms, the parties shall initiate the mediation process. The parties agree to select within thirty (30) calendar days one (1) mediator trained in mediation skills, to assist with resolution of the dispute. The OWNER and the CONTRACTOR agree to act in good faith in the selection of the mediator and to give consideration to qualified individuals nominated to act as mediator. Nothing in this agreement prevents the parties from relying on the skills of a person who also is trained in the subject matter of the dispute and/or a contract interpretation expert. 16.2.3.2 Mediation is a forum in which an impartial person, the mediator, facilitates communication between parties to promote reconciliation, settlement, or understanding among them. The parties hereby agree that mediation, at a minimum, shall provide for 1)conducting an on-site investigation, if appropriate, by the mediator for fact-gathering purposes, 2) a meeting of all parties for the exchange of points of view and 3) separate meetings between the mediator and each party to the dispute for the formulation of resolution alternatives. The parties agree to participate in mediation in good faith for up to thirty(30)calendar days from the date of the first mediation session, unless mutually agreed otherwise. Should the parties fail to reach a resolution of the dispute through mediation, then each party is released to pursue other remedies available to them. ARTICLE 17-RIGHT TO AUDIT 17.1 Right to Audit: Whenever the OWNER enters into any type of contractual arrangement with the CONTRACTOR, then the CONTRACTOR's "records" shall upon reasonable notice be open to inspection and subject to audit and/or reproduction during normal business working hours. The OWNER's representative, or an outside representative engaged by the OWNER, may perform such audits. The CONTRACTOR shall maintain all records relating to this Agreement for four (4) years from the date of final payment under this Agreement, or until pending litigation has been completely and fully resolved, whichever occurs later. 17.1.1 The OWNER shall have the exclusive right to examine the records of the CONTRACTOR. The term "records"as referred to herein shall include any and all information, materials and data of every kind and character, including without limitation records, books, papers, documents, contracts, schedules, commitments, arrangements, notes, daily diaries, reports, drawings, receipts, vouchers and memoranda, and any and all other agreements, sources of information and matters that may, in the OWNER's judgment, have any bearing on or pertain to any matters, rights, duties or obligations under or covered by any contract document. Such records shall include(hard copy, as well as computer-readable data if it can be made available), written policies and procedures, time sheets, payroll registers, cancelled checks, personnel file data, correspondence, general ledger entries, and any other record in the CONTRACTOR's possession which may have a bearing on matters of interest to the OWNER in connection with the CONTRACTOR's dealings with the OWNER(all of the foregoing are hereinafter referred to as "records"). In addition,the CONTRACTOR shall permit interviews of employees as well as agents, representatives, vendors, subcontractors and other third parties paid by the CONTRACTOR to the extent necessary to adequately permit evaluation and verification of the following: a) The CONTRACTOR's compliance with contract requirements; b) The CONTRACTOR's compliance with the OWNER'S business ethics policies; and c) If necessary, the extent of the Work performed by the CONTRACTOR at the time of contract termination. 17.1.2 The CONTRACTOR shall require all payees(examples of payees include subcontractors, insurance agents, material suppliers, etc.) to comply with the provisions of this Article 17 by securing the requirements hereof in a 00700 04-2020 Page 42 General Conditions written agreement between the CONTRACTOR and payee. Such requirements include a flow-down right of audit provision in contracts with payees that also apply to subcontractors and sub-subcontractors, material suppliers, etc. The CONTRACTOR shall cooperate fully and shall require Related Parties and all of the CONTRACTOR's subcontractors to cooperate fully in furnishing or in making available to the OWNER from time to time whenever requested, in an expeditious manner, any and all such information, materials, and data. 17.1.3 The OWNER's authorized representative or designee shall have reasonable access to the CONTRACTOR's facilities, shall be allowed to interview all current or former employees to discuss matters pertinent to the performance of this Agreement, and shall be provided adequate and appropriate work space in order to conduct audits in compliance with this Article 17. 17.1.4 If an audit inspection or examination in accordance with this Article 17 discloses overpricing or overcharges of any nature by the CONTRACTOR to the OWNER in excess of one-half of one percent(.5%)of the total contract billings, then the reasonable actual cost of the OWNER's audit shall be reimbursed to the OWNER by the CONTRACTOR. Any adjustments and/or payments,which must be made as a result of any such audit or inspection of the CONTRACTOR's invoices and/or records, shall be made within a reasonable amount of time(not to exceed 90 days)from presentation of the OWNER's findings to the CONTRACTOR. 17.1.5 The CONTRACTOR shall take reasonable actions to prevent any actions or conditions which could result in a conflict with the OWNER's best interests. These obligations shall apply to the activities of the CONTRACTOR's employees, agents, subcontractors, etc. in their dealings and relations with the OWNER's current and former employees and their relatives. For example,the CONTRACTOR's employees, agents or subcontractors should not make or provide to be made any employment, gifts, extravagant entertainment, payments, loans or other considerations to the OWNER's representatives, employees or their relatives. 17.1.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. 00700 04-2020 Page 43 General Conditions 18.4 Severability: If any word, phrase, clause, sentence or provision of the Contract, or the application of same to any person or set of circumstances is for any reason held to be unconstitutional, invalid or unenforceable, that finding shall only effect such word, phrase, clause, sentence or provision, and such finding shall not effect the remaining portions of this Contract; this being the intent of the parties in entering into the Contract; and all provisions of the Contract are declared to be severable for this purpose. 18.5 Independent Contractor The Contract shall not be construed as creating an employer/employee relationship,a partnership,or a joint venture. The CONTRACTOR's services shall be those of an independent contractor. The CONTRACTOR agrees and understands that the Contract does not grant any rights or privileges established for employees of the OWNER. 18.6 Prohibition of Gratuities The OWNER may, by Written Notice to the CONTRACTOR, terminate the Contract without liability if is determined by the OWNER that gratuities were offered or given by the CONTRACTOR or any agent or representative of the CONTRACTOR to any officer or employee of the OWNER with a view toward securing the Contract or securing favorable treatment with respect to the awarding or amending or the making of any determinations with respect to the performing of such Contract. In the event the Contract is terminated by the OWNER pursuant to this provision, the OWNER shall be entitled, in addition to any other rights and remedies, to recover or withhold the amount of the cost incurred by the CONTRACTOR in providing such gratuities. 18.7 Prohibition Against Personal Interest in Contracts No officer, employee, independent consultant, or elected official of the OWNER who is involved in the development, evaluation, or decision-making process of the performance of any solicitation shall have a financial interest, direct or indirect, in the Contract resulting from that solicitation. Any violation of this provision, with the knowledge, expressed or implied, of the CONTRACTOR shall render the Contract voidable by the OWNER. End of General Conditions 00700 04-2020 Page 44 General Conditions 00800 SUPPLEMENTAL GENERAL CONDITIONS City of Round Rock Contract Forms Supplemental General Conditions Section 00800 SUPPLEMENTAL GENERAL CONDITIONS TO AGREEMENT FOR CONSTRUCTION SERVICES The Supplemental General Conditions contained herein shall amend or supplement the General Conditions, Section 00700. ARTICLE 1 -DEFINITIONS 1.16 Engineer/Architect(E/A): Add the following: Name(Representative): John Conquest Firm: Haiff Associates, Inc. Address: 9500 Amberglen Blvd, Bldg F, Ste 125 City, State, Zip: Austin, TX 78729-1102 Telephone: 512-777-4636 Facsimile: Email: jconquest( halff.com 1.27 Owner's Representative: Add the following: Name: Federico Sanchez Title: Senior Engineer Address: 3400 Sunrise Rd City, State, Zip: Round Rock, TX 78665 Telephone: 512-218-6609 Facsimile: Email: fsanchezAroundrocktexas.gov ARTICLE 6-CONTRACTOR'S RESPONSIBILITIES 6.18 Liquidated Damages Add the following: 1. CONTRACTOR SHALL PAY LIQUIDATED DAMAGES IN THE AMOUNT OF one thousand AND NO/I 00 DOLLARS $ 1000 PER DAY FOR EACH DAY BEYOND THE DATE ESTABLISHED THEREFOR THAT THE CONTRACTOR FAILS TO ACHIEVE SUBSTANTIAL COMPLETION, AND FOR WHICH OWNER IS UNABLE TO UTILIZE THE IMPROVEMENTS AND FACILITIES DUE TO THE FAILURE OF CONTRACTOR TO HAVE ACHIEVED SUBSTANTIAL COMPLETION IN ACCORDANCE WITH THE CONTRACT. END OF SUPPLEMENTAL GENERAL CONDITIONS Page 1 00800 10-2015 Supplemental General Conditions 00090669 00900 SPECIAL CONDITIONS SECTION 01-INFORMATION 01-01 COPIES OF PLANS AND SPECIFICATIONS FURNISHED The Agreement will be prepared in not less than two (2) (original signed) sets. The OWNER will furnish to the CONTRACTOR one (1) copy of conforming Contract Documents and Specifications unless otherwise requested. 01-02 GOVERNING CODES All construction as provided for under the Contract Documents shall be governed by any existing Resolutions, Codes and Ordinances, and any subsequent amendments or revisions thereto as set forth by the OWNER. 01-03 LOCATION The location of work shall be as set forth in the Notice to Bidders and as indicated in the Contract Documents. 01-04 USAGE OF WATER All water used during construction shall be provided by the OWNER and shall be metered. The OWNER shall specify the location from which the CONTRACTOR is to procure water. The CONTRACTOR shall be responsible for obtaining a bulk water permit from the OWNER and providing all apparatus necessary for procuring,storing, transporting and using water during construction. The CONTRACTOR shall strive to use no more water than reasonable to perform the work associated with this Contract and shall avoid waste. The CONTRACTOR will be required to pay for all water used if it is found that waste is occurring during construction. SECTION 02-SPECIAL CONSIDERATIONS 02-01 CROSSING UTILITIES Prior to commencing the Work associated with this Contract, it shall be the CONTRACTOR'S responsibility to make arrangements with the owners of utility companies to uncover their particular utility lines or otherwise confirm their location. Certain utility companies perform such services at their own expense,however,where such is not the case, the CONTRACTOR will cause such work to be done at his own expense. 02-02 UTILITY SERVICES FOR CONSTRUCTION The CONTRACTOR will be responsible for providing its own utility services while performing the Work associated with this Contract. Provision of said utility services shall be subsidiary to the various bid items and no additional payment will be made for this item. 00900-4-2020 Page 1 Special Conditions 00443643 02-03 WAGE RATES Wage Rates(Information From Chapter 2258,Texas Government Code Title 10) 2288.021.Duty of Government Entity to Pay Prevailing Wage Rates a. The State or any political subdivision of the State shall pay a worker employed by it or on behalf of it: (1) not less than the general prevailing rate of per diem wages for work of a similar character in the locality in which the work is performed; and (2) not less than the general prevailing rate of per diem wages for legal holiday and overtime work. b. Subsection(a) does not apply to maintenance work. c. A worker is employed on a public work for the purposes of this section if a Contractor or Subcontractor in the execution of a contract for the public work with the State, a political subdivision of the State or any officer or public body of the State or a political subdivision of the State, employs the worker. 2258.023. Prevailing Wage Rates to be Paid by Contractor and Subcontractor; Penalty a. The contractor who is awarded a contract by a public body, or a Subcontractor of the Contractor, shall pay not less than the rates determined under Section 2258.022 to a worker employed by it in the execution of the contract. b. A Contractor or Subcontractor who violates this section shall pay to the state or a political subdivision of the state on whose behalf the contract is made, $60 for each worker employed for each calendar day or part of the day that the worker is paid less than the wage rates stipulated in the contract. A public body awarding a contract shall specify this penalty in the contract. c. A contractor or subcontractor does not violate this section if a public body awarding a contract does not determine the prevailing wage rates, and specify the rates in the contract as provided by Section 2258.022. d. The public body shall use any money collected under this section to offset the costs incurred in the administration of this chapter. e. A municipality is entitled to collect a penalty under this section only if the municipality has a population of more than 10,000. 00900-4-2020 Page 2 Special Conditions 00443643 2258.051. Duty of Public Body to Hear Complaints and Withhold Payment A public body awarding a contract, and an agent or officer of the public body, shall: 1. take cognizance of complaints of all violations of this chapter committed in the execution of the contract; and 2. withhold money forfeited or required to be withheld under this Chapter from the payments to the Contractor under the contract, except that the public body may not withhold money from other than the final payment without determination by the public body that there is good cause to believe that the Contractor has violated this chapter. Applicable wage rates to be used in Williamson and/or Travis County may be obtained from the U.S. Department of Labor website at the following web addresses: Construction Types: Heavy (Sewer/Water Treating Plant and Sewer/Incidental to Highway) http://www.wdol.gov/wdoliscafiles/davisbacon/TX3 3.dvb?v=0 Construction Types: Heavy and Highway http://www.wdol.gov/wdol/scafiles/davisbacon/TX 1 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 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 EIA, at the end of each day all lanes of traffic shall be opened to the public. The CONTRACTOR shall ensure compliance at all times with the accepted Traffic Control Plan for the project and shall be responsible for all maintenance, signing and safety precautions necessary for traffic control. These items shall be included in the bid item Traffic Control. 00900-4-2020 Page 5 Special Conditions 00443643 01000 TECHNICAL SPECIFICATIONS ITEM 1 GENERAL DESCRIPTION 1.01 SCOPE OF WORK The Work covered by these Specifications consists of furnishing all labor, equipment, appliances, materials and performing all operations in connection with the inspection and testing, complete in accordance with the Plans, and subject to the terms and conditions of the Contract Documents. 1.02 GOVERNING TECHNICAL SPECIFICATIONS STREET, WATER, SEWER AND DRAINAGE IMPROVEMENTS The Round Rock Standard Specification Criteria Manual is hereby referred to and included in this contract as fully and to the same extent as if copied at length herein, and shall be applied to this project unless modified elsewhere as discussed below. The aforementioned Criteria Manual is the "Standard Specifications" section of the City of Round Rock Design and Construction Standards. The Standard Specifications may be accessed from the City of Round Rock website (www.roundrocktexas.gov) at the following web address: www.roundrocktexas.gov/dacs. Any adjustments,alterations,or additional information regarding Governing Technical Specifications are contained in the Plans (Drawings), Details and Notes described in Section 02000 of the Project Manual or are included in Attachment A at the end of this Technical Specifications Section. ITEM 2 CONTROL OF WORK 2.01 CLEAN-UP 2.01.1 CONSTRUCTION SITE During construction, the CONTRACTOR shall keep the site free and clean from all rubbish and debris and shall clean-up the site promptly when notified to do so by the E/A. The CONTRACTOR shall,at its own expense,maintain the streets and roads free from dust, mud, excess earth or debris which constitutes a nuisance or danger to the public using the thoroughfare, or the occupants of adjacent properties. Care shall be taken to prevent spillage on streets and roads over which hauling is done, and any such spillage or debris deposited on streets, due to the CONTRACTOR's operations, shall be immediately removed. Page 1 01000-4-2020 Technical Specifications 00443645 2.01.2 BACKWORK The CONTRACTOR shall coordinate his operations in such a manner as to prevent the amount of clean-up and completion of back works from becoming excessive. Should such a condition exist,the E/A may order all or portions of the work to cease and refuse to allow any work to commence until the back work is done to the E/A's satisfaction. 2.02 GRADING The CONTRACTOR shall do such grading in and adjacent to the construction area associated with this contract as may be necessary to leave such areas in a neat and satisfactory condition approved by the E/A. ITEM 3 EXAMINATION AND REVIEW 3.01 EXAMINATION OF WORK The work covered under this Contract shall be examined and reviewed by the E/A, representatives of all governmental entities which have jurisdiction, and the Owner's Representative. The quality of material and the quality of installation of the improvements shall be to the satisfaction of the E/A. It shall be the CONTRACTOR's responsibility for the construction methods and safety precautions in the undertaking of this Contract. 3.02 NOTIFICATION The E/A and the OWNER must be notified a minimum of 24-hours in advance of beginning construction, testing, or requiring presence of the E/A, Owner's or Owner's Representative. 3.03 CONSTRUCTION STAKING The E/A shall furnish the CONTRACTOR reference points and benchmarks that, in the E/A's opinion, provide sufficient information for the CONTRACTOR to perform construction staking. 3.04 PROTECTION OF STAKES,MARKS, ETC. All engineering and surveyor's stakes, marks, property comers, etc., shall be carefully preserved by the CONTRACTOR, and in case of destruction or removal during the course of this project, such stakes, marks, property comers, etc., shall be replaced by the CONTRACTOR at the CONTRACTOR's sole expense. Page 2 01000-4-2020 Technical Specifications 00443645 ITEM 4 PROTECTION AND PRECAUTION 4.01 WORK IN FREEZING WEATHER Portions of the work may continue as directed by the E/A. 4.02 PROTECTION OF TREES, PLANTS AND SHRUBS The CONTRACTOR shall take necessary precautions to preserve all existing trees, plants and shrubs but where it is justifiable and necessary the CONTRACTOR may remove trees and plants for construction right-of-way but only with approval of the E/A. 4.03 TRAFFIC CONTROL MEASURES AND BARRICADES Traffic control measures and barricades shall be installed in accordance with the Texas Manual of Uniform Traffic Control Devices and in other locations deemed necessary by the E/A, for the protection life and property. Under no circumstances will any existing road be permitted to remain closed over a weekend. No separate pay will be made for this item. Costs for this item shall be subsidiary to other items of work. 4.04 PROPERTY LINES AND MONUMENTS The CONTRACTOR shall be responsible for the protection, reference and resetting of property 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 of the E/A. Where materials or equipment are specified by a trade or brand name, it is not the intention of the OWNER to discriminate against an equal product of another Page 3 01000-4-2020 Technical Specifications 00443645 manufacturer, but rather to set a definite standard of quality for performance, and to establish an equal basis for the evaluation of bids. Where the words "equivalent", "proper" or"equal to" are used,they shall be understood to mean that the item referred to shall be "proper", the "equivalent" of, or "equal to" some other item, in the opinion or judgment of the E/A. Unless otherwise specified, all materials shall be the best of their respective kinds and shall be in all cases fully equal to approved samples. Notwithstanding that the words "or equal to" or other such expressions may be used in the specifications in connection with a material, manufactured article or process, the material, article or process specifically designated shall be used, unless a substitute is approved in writing by the E/A, and the E/A will have the right to require the use of such specifically designated material, article or process. Page 4 01000-4-2020 Technical Specifications 00443645 CITY OF ROUND ROCK CHISHOLM VALLEY WATER, WASTEWATER, AND STORM DRAIN IMPROVEMENTS - AREA 3 LIST OF SPECIFICATIONS Includes Referenced and Related Specifications City of Round Rock Specifications TxDOT Specifications Special Provisions Special Specifications The Specifications identified have been selected by me or under _,NNo�VV` my responsible supervision as being applicable to this project. EE e.... rF�1It 17-;'!:*** 0°*. IN so* %°°°°°°°°°°°°°°°°---"°' JOHN D. CONQUEST April 2, 2021 /°°°Q00000 00000°o°o°.o.0000 89243 :° /C NSV °°+v� ° 1Ii s/oNAL 1 of 5 CORR SPECIFICATIONS- https://www.roundrocktexas.gov/departments/transportation/dacs/ RR 101 Preparing Right of Way RR 102 Clearing and Grubbing RR 201 Subgrade Preparation 501 Jacking or Boring Pipe 502 Tunneling 503 Frames, Grates, Rings and Covers 504 Adjusting Structures 505 Concrete Encasement and Encasement Pipe 506 Manholes 507 Bulkheads 508 Miscellaneous Structures and Appurtenances *(See Special Provision SP508) 509 Trench Safety Systems 510 Pipe 511 Water Valves *(See Special Provision SP551) 559 Portland Cement Concrete Box Culverts *(See Special Provision SP559) RR 591 Riprap for Slope Protection 593 Concrete Retards 594 Gabions and Revet Mattresses 601 Salvaging and Placing Topsoil 602 Sodding for Erosion Control 604 Seeding for Erosion Control 605 Soil Retention Blanket 606 Fertilizer 607 Slope Stabilization Applications for Erosion Control 608 Planting RR 610 Preservation of Trees and Other Vegetation 620 Filter Fabric 628 Sediment Containment Dikes *(See Special Provision SP628) 639 Rock Berm 642 Silt Fence RR 700 Mobilization RR 702 Removal and Relocation of Existing Fences RR 802 Project Signs 2 of 5 TxDOT SPECIFICATIONS-https://www.txdot.gov/business/resources/txdot-specifications.html Item 5 Control of the Work Item 6 Control of Materials Item 100 Preparing Right of Way Item 104 Removing Concrete Item 110 Excavation Item 132 Embankment Item 158 Specialized Excavation Work Item 160 Topsoil Item 162 Sodding for Erosion Control Item 164 Seeding for Erosion Control Item 166 Fertilizer Item 168 Vegetative Watering Item 169 Soil Retention Blankets Item 180 Wildflower Seeding Item 192 Landscape Planting Item 204 Sprinkling Item 210 Rolling Item 247 Flexible Base Item 260 Lime Treatment (Road Mixed) Item 275 Cement Treatment (Road Mixed) Item 300 Asphalts, Oils and Emulsions Item 301 Asphalt Antistripping Agents Item 354 Planing and Texturing Pavement Item 320 Equipment for Asphalt Concrete Pavement Item 340 Dense-Graded Hot-Mix Asphalt (Small Quantity) Item 341 Dense-Graded Hot-Mix Asphalt Item 360 Concrete Pavement Item 400 Excavation and Backfill for Structures Item 401 Flowable Backfill Item 407 Steel Piling Item 420 Concrete Substructures Item 421 Hydraulic Cement Concrete Item 422 Concrete Superstructures Item 431 Pneumatically Placed Concrete Item 432 Riprap Item 438 Cleaning and Sealing Joints Item 440 Reinforcement for Concrete Item 442 Metal for Structures Item 449 Anchor Bolts Item 465 Junction Boxes, Manholes, and Inlets Item 467 Safety End Treatment Item 502 Barricades, Signs, and Traffic Handling *(See Special Provision SP502) 3of5 Item 506 Temporary Erosion, Sedimentation, and Environmental Controls Item 520 Weighing and Measuring Equipment Item 529 Concrete Curb, Gutter and Combined Curb and Gutter Item 530 Intersections, Driveways,and Turnouts Item 531 Sidewalks Item 560 Mailbox Assemblies Item 585 Ride Quality for Pavement Surfaces *SPECIAL PROVISIONS SP502: TxDOT Item 502, Barricades, Signs, and Traffic Handling is amended by revising the first sentence of Section 3 Measurement as follows: 3. MEASUREMENT: Barricades,Signs,and Traffic Handling will be measured by the month or by the calendar day. SP508: CORR Specification 508, Safety End Treatments (Item 467 Safety End Treatment)description shall be modified to include: 508.4.E SAFETY END TREATMENT FOR STRUCTURES: End treatments shall conform to the existing side slope to the greatest extent possible and shall avoid the placement of fill (including structures)within the Waters of the United States (WOTUS)as delineated on the plans. Pipe runners are not required on end treatments outside of vehicular clear zones. SP511: CORR Specification 511 Water Valves is amended by replacing the second paragraph to match Section 511.5 Measurement as follows: 511.6 PAYMENT: Unless indicated otherwise in the Drawings, bury depths that exceed 5.5 feet(1.68 meters) shall be considered subsidiary to the completed unit. SP559: CORR Specification 559 Portland Cement Concrete Box Culverts the second paragraph first sentence shall be revised to include bedding,excavation and backfill as follows. 559.11 PAYMENT: "Concrete Box Culverts"shall be full compensation for constructing,furnishing and transporting boxes;the preparation and shaping of bed;jointing of boxes;for connections to existing structures; concrete, reinforcing steel and all other items of material, labor, equipment,tools and incidentals necessary to complete the work in accordance with the Drawings and specifications, including bedding,excavation and backfill. 4 of 5 SP628: CORR Specification 628 Sediment Containment Dikes is amended by adding Erosion Control Logs to 628.3 Materials and to 628.6 Payment: 628.3 MATERIALS: D. Erosion Control Logs Inlet Protection Supply Erosion Control Logs in accordance with: Special Specification Item No. SS642 Erosion Control Logs 559.11 PAYMENT: When indicated, payment for sediment containment will be made under: Erosion Control Logs Inlet Protection Per Each. SPECIAL SPECIFICATIONS SS624 Erosion Control Logs SS1540 Bypass Pumping 5 of 5 SPECIAL SPECIFICATION SS642 SS642 Special Specification Item No. 642 Erosion Control Logs 1.00 General An erosion control log consists of material encased in a tube of mesh. It is used to intercept, settle, and filter sheet flow and pond runoff. Erosion control logs provide an environmentally sensitive and cost-effective alternative to sediment fences. 1.01 Submittals The submittal requirements for this specification item shall include the following: A. Mulch Material. 1. A small sample of mulch material proposed to be used on the site will be provided to the engineer. 2. Provide a designated project stockpile of mulch for sampling and testing at the producer's site. 3. A copy of the lab analysis, performed by an STA-certified lab, verifying that the mulch material meets the requirements of Table 1. Table 1 Item Requirement Reference Specification 3" minus Equivalent to TXDOT item 161, Compost, Section 1.6.2.B, Particle Size screening Wood Chip requirements process pH 5.5-8.5 TMECC 04. 11-A, "1.5 Slurry pH" Organic Matter �25%, dry weight TMECC 05.07-A, "Loss-On-Ignition Organic Matter Method" Content basis B. Tube Material. The CONTRACTOR shall submit a sample of the material that the CONTRACTOR proposes to use on the project. A sample of the material should be accompanied by material data sheet identifying composition, ability of the material to biodegrade, and size of openings in tube at a minimum. SS642 9/13/19 Page 1 Erosion Control Logs SPECIAL SPECIFICATION SS642 2.00 Materials A. Mulching material can be manufactured on or off the project site and may consist of: 1. Shredded bark 2. Stump grindings 3. Composted bark B. The mulch shall have the following composition: 1. Wood chips shall be produced from a 3-inch minus screening process (equivalent to TxDOT item 161, Compost, Section 1.6.2.E Wood Chip Requirements). 2. Large portions of silts, clays, or fine sands are not acceptable. 3. The pH of the mulch shall be between 5.5 and 8.5. 4. The organic matter content shall be greater than or equal to 25% on a dry weight basis. C. Mulch material must be free of refuse, physical contaminants, and material toxic to plant growth. It is not acceptable for the mulch material to contain ground construction debris, biosolids, manure, or recyclable material. D. Prior to placement, a representative sample of the mulching material must be tested and certified by the project engineer or his/her designee and accepted by the city inspector. E. The log material mesh opening shall be equal to or less than 3/8 inch (10 mm) and the material tensile strength shall be equal to or greater than 202 psi (14.2 kg/cm2). 3.00 Execution A. Use 18 inch diameter erosion control logs for all sediment control applications. This diameter of erosion control log material has proven to be the most consistent for all sediment control applications (TxDOT, April 2006). B. Install erosion control logs per Figure 1.4.5.E in the City of Austin Environmental Criteria Manual. C. Erosion control logs should be used at the base of slopes no steeper than 2:1 and should not exceed the maximum spacing criteria provided in the following table. Slope Max. Slope Length Between 18 in. Max. Drainage Area (sf) per 100 ft Dia. Log (ft) of Log 100:1 - 50:1 100 10,000 50:1 - 30:1 75 7,500 30:1 - 25:1 65 6,500 25:1 - 20:1 50 4,800 20:1 - 10:1 25 2,600 10:1 - 5:1 15 1,300 5:1 - 2:1 10 1,000 SS642 9/13/19 Page 2 Erosion Control Logs SPECIAL SPECIFICATION SS642 D. Place erosion control logs at a 5 ft or greater distance away from the toe of the slopes to maximize space available for sediment deposition. E. When placed on level contours, sheet flow of water should be perpendicular to the erosion control log at impact and unconcentrated. F. Install erosion control logs using rebar (#5 minimum with safety caps) a minimum of 48 inches in length placed on 2-ft centers. In order to prevent the movement or floating of the erosion control log during rain events or construction operations, install steel posts on alternating sides of the log. Drive the posts into the ground to a minimum depth of 24 inches, leaving less than 12 inches of post above the exposed erosion control log. G. In order to prevent water flowing around the ends of the erosion control logs, point the ends of the logs up slope. H. In order to prevent water from flowing between the gaps at adjacent ends of erosion control logs, overlap the ends of adjacent erosion control logs a minimum of 12 inches. Never stack erosion control logs on top of one another. I. Erosion control logs should be placed using 'smiles' and 1-hooks'. See City of Austin ECM Section 1.4.5 G (Silt Fence) J. For steeper slopes, an additional erosion control log can be constructed on the top of the slope and within the slope area as determined by specific field conditions. Multiple erosion control logs are recommended on steeper slopes. K. Do not use erosion control logs in areas of concentrated flow as they are intended to control sheet flow only. 3.01 Inspection and Maintenance A. Inspect erosion control logs after installation for gaps under the erosion control logs and for gaps between the joints of adjacent ends of erosion control logs. Contractor shall repair gaps such that no water flows under or around log. B. Inspect every seven days and within 24 hours of a rainfall event of 0.5 inches or greater. Replace and repair erosion control logs as necessary. C. Sediment retained by the erosion control logs shall be removed when it has reached one third of the exposed height of the erosion control logs. D. Erosion control logs can be vegetated or un-vegetated. Vegetated erosion control logs can be left in place. The vegetation will grow in the slope, further anchoring the log. 4.00 Payment The work performed and the materials furnished as prescribed by this item shall be paid for by the linear foot of erosion control log installed. Payment will be made under: Pay Item No. SS642: Erosion Control Log Per Linear Foot. End SS642 9/13/19 Page 3 Erosion Control Logs SPECIAL SPECIFICATION 5S1540 S51540 Special Specification Item No. S51540 Bypass Pumping PART 1 DESCRIPTION A This special specification includes by-pass pumping for the flow of wastewater around the section or sections of pipe designated for rehabilitation and replacement including active services. R The work covered by this specification consists of furnishing all labor,supervision,tools, equipment, appliances, and materials to perform all operations in connection with pumping of wastewater and wet weather flows around pipe section(s).The purpose of by-pass pumping is to prevent wastewater overflows and provide reliable sewer service at all times.The Contractor shall maintain sewage flow in the construction area in order to prevent back-up and/or overflow into upstream pipe segments and laterals, adjacent ditches, storm sewers, and waterways. C Contractor shall assume full pipe flow for maximum pumping capacity. PART 2 DEFINITIONS A By-pass pumping is the installation and operation of plugs, hoses, piping, and pumps to maintain wastewater flow and prevent backup and overflow. a By-pass pumping provides continuous wastewater service to the users while maintenance or construction operations are in progress by diverting flow when necessary around the construction location and pumping it to a downstream manhole. PART 3 CONTRACTOR'S RESPONSIBILITY A. It is the sole responsibility of the Contractor to locate and identify all existing sewer lines and services and to provide any and all labor, material,equipment,techniques and methods to by- pass pump as necessary for his construction methods and to monitor the effectiveness of this installed system and its effect on adjacent facilities. B. Operate, maintain and modify the system(s) as required to conform to this specification. Upon completion of the Construction,Contractor shall remove the system(s). C. Assume sole responsibility for by-pass pumping systems and for all loss or damage resulting from partial or complete failure of protective measures and any spills or resultant damage caused by his operation. SS1540 4/2/2021 Page 1 of 5 BYPASS PUMPING SPECIAL SPECIFICATION 5S1540 D. It is the sole responsibility of the Contractor to ensure that by-pass pumping operations do not cross,close, reduce, or otherwise impact any streets classified by the City of Round Rock Transportation Criteria Manual as"Arterial Streets". PART 4 MATERIALS A. The pump and by-pass pumping lines shall be of adequate capacity and size to handle peak wet weather flows.All piping,joints,and accessories shall be designed to withstand at least twice the maximum system pressure, or a minimum of 50 psi,whichever is greater. B. Fused high density polyethylene, HDPE or heavy wall discharge hose shall be used. Four-inch and six-inch diameter discharge hose shall be capable of limited traffic driving over the hose for situations where the hose crosses a driveway. Pumps shall be self-priming, in good working order,with a working pressure gauge on the discharge.A back-up pump of the same capacity as the primary pump shall be maintained on site at all times to be used in the event that the primary pump fails. No wastewater shall be allowed to drain or stand in earthen sump pits. C. All pumps shall be equipped with integral sound attenuating enclosures. Sound attenuated pumps shall reduce noise generated by the equipment to a maximum of 70 dBA when measured 30 feet from the pump at 50%throttle. D. Any wastewater back-ups and/or overflows as the result of inadequate equipment are the responsibility of the Contractor. PART 5 SUBMITTALS A. Submittals: Comply with Item 01300"Submittals." B. The Contractor shall provide a written description and plan/sketch for implementation and sequencing of by-pass pumping for review and approval of the Owner's Representative prior to installation of the by-pass system.The plan shall include sufficient detail to show the location, number and size of pumps,the number, location, size and type of hoses and/or rigid piping,and the location of the downstream discharge.Show any special features where pipes or hoses cross roadways,such as temporary trenches, support bridges, etc.A plan for each line segment(s)around which flows are being by-passed is required.The plan shall include but not be limited to details of the following: (a) Project information including the project name, location,and permit number(from plan cover sheet). (b) Contact information for general Contractor/submitting entity shall include the company name,contact person (24hrs/day), phone number(s), and fax number. (c) Staging areas for pumps including a schematic showing the arrangement and layout of the pumping and by-passing facilities at various stages in the work. (d) Sewer plugging method and types of plugs. SS1540 4/2/2021 Page 2 of 5 BYPASS PUMPING SPECIAL SPECIFICATION SS1540 (e) Calculations for selection of by-pass pump and pipe size(s) based on wastewater flows. (f) Length, size, material, location and method of installation of suction piping. (g) Length, size, material, location, method of installation and location of discharge piping and hose. (h) Pump manufacturer model and pump curve. (i) Calculations of static lift,friction losses,and flow velocity, (pump curves showing pump operating range shall be submitted). (j) Downstream discharge plan. (k) Method of protecting discharge manholes or structures from erosion, damage, and unauthorized entry. (I) Method of noise control for each pump and expected decibel levels. (m) Any temporary pipe supports and anchoring, if required. PART 6 CONSTRUCTION METHODS A The Contractor's efforts shall maintain sewage flow to prevent backup of sewage in the collection system with the goal of preventing an overflow onto streets,yards and unpaved areas or into buildings, adjacent ditches, storm sewers, and waterways. Do not divert sewage outside of the sanitary sewer system.The Contractor shall take all necessary steps to prevent flooding of public or private property. Maintaining flow inside the existing pipe during rehabilitation operations is preferred. R Any time the by-pass pump(s) are operating, an experienced operator shall be on site,or be able to monitor the operation remotely with appropriate alarms set.The operator shall be able to adjust pump speed,valves, etc.; maintain and make minor repairs to the system; and report problems. C Where work requires by-passing beyond working hours,the Contractor shall operate by-pass pumping and provide at least 2 attendants for the system for twenty-four(24) hours per day. No overnight bypass pumping is allowed without prior approval from the Owner. D. Contractor shall ensure that no damage will be caused to private property as a result of by-pass pumping operations. Access to adjacent properties shall be maintained at all times including driveways. Ramps, steel plates,or other methods shall be employed by the Contractor to facilitate traffic over surface piping and hose. High traffic commercial properties may require alternate methods to maintain access. SS1540 4/2/2021 Page 3 of 5 BYPASS PUMPING SPECIAL SPECIFICATION SS1540 E Contractor shall complete the Work as quickly as possible and satisfactorily pass all tests, inspections, and repair all deficiencies prior to discontinuing by- pass pumping operations and returning flow to the sewer manhole or line segment. F. During by-pass pumping, do not allow sewage to be leaked,dumped,or spilled in or onto any area outside of the existing sanitary sewer system. G. In the event of accidental spill or overflow, immediately stop the discharge and take immediate action to clean up and disinfect the spill. Promptly notify the Owner so that required reporting can be made to the Texas Commission on Environmental Quality(TCEQ) by the Owner. H. If the Contractor does not take immediate or appropriate action to clean up any spill, the City may retain a third party to address the spill,with all costs passed along to the Contractor. I. In the event of accidental spill or overflow,the Contractor is responsible for any regulatory fees associated with the spill and any damages that may have occurred to public or private property including cleaning, disinfection, and other corrections to the satisfaction of the Owner's Representative at no cost to the Owner. I Contractor shall not intentionally damage,alter,or remove portions of the existing sewer system structures for the purpose of installing a by-pass pumping system without specific approval from the Owner's Representative or Inspector. If a structure is damaged, it shall be reconstructed or replaced to the satisfaction of the Owner's Representative at no additional cost to the Owner. K The Contractor shall be responsible for any and all damage that results directly or indirectly from the interference of storm water runoff to by- passing equipment, piping, and/or appurtenances. L When by-pass pumping operations are complete, piping shall be drained into the sanitary sewer prior to disassembly, and all pumps and lines shall be flushed with clean water until all discharge is clear. M Flow thru plugs may be used in low flow scenarios. PART 7 SCHEDULING A. The Contractor shall report any by-pass pumping activities not included in the submitted plan to the Engineer prior to proceeding with these activities. B. The Contractor shall cease by-pass pumping operations when directed by the Owner's Representative. C. The Contractor shall perform leakage and pressure tests of the by-pass pumping discharge piping using clean water prior to actual operation.The Owner's Representative will be given a 24-hour notice prior to testing. SS1540 4/2/2021 Page 4 of 5 BYPASS PUMPING SPECIAL SPECIFICATION SS1540 PART 8 MEASUREMENT A. Bypass pumping set-up,operation, maintenance, and removal for manhole rehabilitation will be measured per lump sum. PART 9 PAYMENT A Payment for"Bypass Pumping" will be a Lump Sum Bid Item to City of Round Rock Specification 510 Pipe and will include HDPE discharge piping, hose,fittings, and appurtenances, backup pump(s)with power and sound attenuating enclosure of equal capacity. R This shall include furnishing all labor,equipment,tools,time,equipment, materials, by-pass pumping road ramps,fuels, and any incidentals necessary to complete the work. End of Section 5S1540 4/2/2021 Page 5 of 5 BYPASS PUMPING 02000 PLANS, DETAILS AND NOTES If applicable, insert reference(s)to project plans; details; and notes The Plans (Drawings), details and notes consist of 86 pages under separate cover entitled "Chisholm Valley Water, Wastewater, and Storm Drain Improvements Area 3" as prepared by Haiff Associates, Inc. dated April, 2021 CA ..S CITY OF ROUND ROCK Utiliti & EnvironmtX d Ral Services 3400 Sunrise Road Round Rods, Texas78665 BI D TABULAON DD f% ICPT • P hig6hnl nm V �11di Wmar WmckmAomfor mnei C*nrm n rni n 1 mnrrwarncwvfa _ 0 race l BIDS EXTENDED AND CHECKED BY: Amanda Taylor DATE: Apri130, 2021 w 0 a Now 'qw � low, w w -Now w w w w w MW Sunrise Road LOCATION: Round Rods, TX 78665 Company Name: Cash Construction Comppy, Inc Royal Vista I nc CcK Commercial Construction Smith Contracting CoL BID DATE: 4/30/2021 Statement of Safety? Yes Addendum(s)7 Bond? Yes Statement Gf Safety? Yes Addendum(s)? BidBond? Yes Statement aF Safety? Yes Addendum(s)? Bid Band? Yes Statement of Safety? Yes Addendum(s)? Bid Bard? Yes ]Bid ITEM APPROX QTY. UNIT UNIT PRICE COST UNIT PRICE COST UNIT PRICE COST UNIT PRICE COST 1 REM OVE STRUCTURE (INLET) 2 EA $11300-00 $2,600.00 $750.00 $1,500.00 $2500-00 $5,000-00 $1000.00 $2000-00 2 HOT MIX ASPHALT CONCRETE PAVEMENT, 2" TY R D 1381 Ton $120.00 $165,720.00 $145-00 $200,245.00 $95-00 $1311195-00 $122.00 $168,482.00 3 SURFACE PLANING (MILLING) (2") 11543 SY $6.00 $691258-00 $6.00 $69,258.00 $3.00 $341629.00 $5.00 $571715-00 4 NEW MANHOLE CONSTRUCTION, 69'DIA. 1 EA $7,000-00 $71000.00 $5,100.00 $5,100-00 $111000-00 $11,000-00 $5,800-00 $5,800.001 5 NEW MANHOLE CONSTRUCTION, 72" DIA. 2 EA $8,300.00 $16,600-00 $6,100.00 $12,200.00 $121000.00 $241000-00 $71600.00 $151200.00 6 PRECAST JUNCTION BOX 4 FT X 4 FT 4 F.A $6,525-00 $263100.00 $4,500.00 $18,000-00 $6,000-00 $24,000-00 $4,800-00 $19,200.00 7 PRECAST JUNCTION BOX 5 FT X 5 FT 4 EA $61950.00 $271800-00 $6,100-00 $241400.00 $8,000-00 $32,000-00 $51800-00 $23,200.00 8 PRECAST JUNCTION BOX 5 FT X 6 FT 2 EA $111825-00 $231650-00 $91700.00 $19,400.00 $15,000-00 $301000-00 $10,800-00 $21,600.00 9 PRECAST JUNCTION BOX 7 FT X 7 FT 2 EA $171450-00 $341900.00 $19,500.00 $39,000-00 $19,000.00 $38,000-00 $191300.00 $38,600-00 10 PRECAST JUNCTION BOX 8 FT X 8 FT 1 EA $191000-00 $191000.00 $20,500.00 $20,500-00 $211000-00 $211000-00 $23,800-00 $23,800-00 11 GRATE INLET (3-FOOT X 3-FOOT) 1 EA 16,975-00 $57975-00 $4,500-00 $4,500-00 $71 000. 00 $71000-00 $51800.00 $51800.00d 12 INLET(COMPL)(PCO)(5Fn(BOTH) 3 EA $91150-00 $271450-00 $5,700.00 $17,100.00 $10,000.00 $30,000-00 $71700.00 $23,100-00 13 INLET (COM PL) (PCO) (5FT) RI GHT) 2 EA $71450. 00 $141900.00 $3,950-00 $7,900. 00 $9,000-00 $181000-00 $71000.00 $141000-00 14 INLET (COM PL) (PCU) (5FT) (BOTH) 2 EA $9,450.00 $18,900-00 $4,950-00 $9,900-00 $121000-00 $241 000. 00 $71200.00 $141400.001 15 INLET(COMPL)(PCU)(5FT)(LEFT) 9 EA $71950.00 $71,550.00 $4,250-00 $38,250.00 $11,000.00 $C%,.)91000.00 --- $91500.00 $85,500-00 16 INLET (COMPL)(PCU)(5FT)RIGHT) 13 EA 12,050-00 $1041650-00 $4,300.00 $55,900-00 $111000.00 $143,000-00 $8,200.0 $106,600-00 17 HEADWALLS, WINGWALLSAND SAFETY END TREATMENTS 2 EA $23,500-00 $47,000.00 $13,500-00 $27,000.00 $40,000-00 $80,000-00 $201000.00 $40,000-001 18 TRENCH SAFETY SYSTEMS, (ALL DEPTHS) 2808 LF $1.00 $21808.00 $7.00 $19,656.00 $3.00 $8,424-00 $1.001 $21808.00 Page i of 8 Updated 6/17/19 CITY OF ROUND ROCK Utilities& Environmerrtal Services 34W Sunrise Road Round Rack, T 78665 Bi D rABULA T1 ON PR(1_IFr.T• [_hichrAm Vallau WatPr Wa-draaatar_ and Rtnr m Drain I mnrryvpmp-nts- A rpa 3 BIDS EXTENDED AND CHECKED BY: Amanda Taylor DATE: Apri130, 2021 1 I Cash Construction Co-, pany Name. Company, I nc Royal Vista I nc CcxKC mercial Construction Smith Contracting CoL DEPTHS), INCLUDING EXCAVATION AND 19 BACKFILL 36-1 LF $187.00 $67,507.00 $75-00 $271075.00 $160.00 $571760-00 $96.00 $34,656.00 DEPTHS), INCLUDING EXCAVATION AND 20 BACKFILL 370 LF $215.00 $797550-00 $85.00 $311450.00 $170.00 $621900-00 $132.00 $481840.00 DEPTHS), INCLUDING EXCAVATION AND 21 BACKFILL 367 LF $259-00 $95,053-00 $105-00 $38,535-00 $245.00 $89,915-00 $166.00 $601922.00 DEPTHS), INCLUDING EXCAVATION AND 22 BACKFILL 342 LF $304.00 $1031968.00 $135-00 $46,170.00 $290.00 $99,180.00 $218.00 $7415%-00 DEPTHS), INCLUDING EXCAVATION AND 23 BACKFILL 267 LF $395.00 $105,465-00 $185-00 $49,395.00 $325-00 $861775-00 $275-00 $731425.00 DEPTHS), INCLUDING EXCAVATION AND 24 BACKFILL 129 LF $510-00 $651790.00 $205-00 $26,445-00 $335-00 $437215-00 $330.00 $421570.00 P.C. CONCRETE CURB AND GUTTER, 25 INCLUDING EXCAVATION 372 LF $65-00 $241180.00 $25-00 $9,300-00 1 $22.001 $81184.00 $25-001 $91300.004 26 TYPE I P.C..CONCRETE DRIVEWAY 135 SY $185-00 $241975-00 $110.00 $14v850-00 $175-00 $231625-00 $105.001 $141175-00 1 RECONSTRUCTION CONCRETE SIDEWALK TO 4-INCH THICKNESS, INCLUDING 27 REMOVAL OF EXISTING SIDEWALK 165 SY $145-00 $231925-00 $85.00 $14,025-00 $95-00 $15,675-00 $76.00 $121540.00 RECONSTRUCTION CONCRETE SIDEWALK RAMPS, INCLUDING REMOVAL OF EXISTING 28 SIDEWALK RAMPS 4 EA $21500-00 $10,000.00 $2,150-00 $8,600.001 $3,000-00 $127000-00 $11800.00 $71200.001 PRECAST CONCRETE BOX CULVERTS, 4 FT x 1 2 FT, (ALL DEPTHS), INCLUDING 29 EXCAVATION AND BACKFILL 11 LF $485.00 $5,335-001 $260.001 $2,860-00 $415.001 $41565-00 $364.001 $4,004.001 PRECAST CONCRETE BOX CULVERTS, 4 FT x 1 3 FT, (ALL DEPTHS), INCLUDING 30 EXCAVATION AND BACKFILL 97 LF $500.00 $48,500-001 $305-00 $29,585-00 1 $435.001 $421195-00 1 $402.00 11 $38,994-00 PRECAST CONCRETE BOX CULVERTS, 4 FT x 1 4 FT, (ALL DEPTHS), INCLUDING 31 EXCAVATION AND BACKFILL 326 LF $550.00 $1791300.00 $335-00 $109,210.00 $465-00 $1511590-00 $460.00 $1491%0.00 Page 2 of 8 Updated 6/17/19 CITY OF ROUND ROCK Utilities8� EnvironmAenal Services 34W Sunrise R d Round Rods, Tall, mm% 78665 BID TABULATION PR()JECTw_ ChWheimVallav Wattw- Wa4piwativ- and Storm Drain Imnrnvaments-Araa 3 BIDS EXTENDED AND CHECKED BY: Amanda Taylor DATE: Apri130, 2021 I Company Name: Cash Construction C pany, I nc Royal Vista 1 nc Cox C mercial Construction Smith Contracting Co. 32 PRECAST CONCRETE BOX CULVERTS, 5 FT x 4 FT, (ALL DEPTHS), INCLUDING EXCAVATION AND BACKFILL 402 LF $595-00 $20391190. 00 $435-00 $1747870.00 $550-00 $2211100-00 $556.00 $2231512.00 33 PRECAST CONCRETE BOX CULVERTS, 5 FT x 5 FT, (ALL DEPTHS), INCLUDING EXCAVATION AND BACKFILL 136 LF $525-00 $711400.00 $450. 00 $611200.00 $620-00 $841320.00 $590-00 $80,240.00 34 REFLECTORIZED PAVEMENT MARKERS (TYPE I I -B-B) 5 J�EA 1 $12.00 $60.00 $10-00 $50-00 $20.00 $100-00 $30-00 $150-00 35 TRENCH SAFETY SYSTEMS, (ALL DEPTHS) 333 LF $1.00 $333-00 $6.00 $11998.00 $3.00 $999-00 $3.00 $999.00 36 PIPE, 18", STEEL ENCASEMENT 60 LF $170.00 $101200.00 125 $71500-00 230 $13,800-00 165 $9,900-00 37 DUCTILE IRON FITTINGS 0.5 Tat $14,075-00 $7,037.50 $12,000-00 $6,000.00 $81000.00 $4,000.00 $71900.00 $31950.00 38 PIPE, 6", CLASS 350 DIP (ALL DEPTHS), INCLUDING EXCAVATION AND BACKFILL 95 LF $305-00 $281975-00 $105-00 $91975.00 $175-00 $161625-00 $135-001 $12,825-00 1 39 PIPE, 8", CLASS 350 DIP (ALL DEPTHS), INCLUDING EXCAVATION AND BACKFILL 238 L F $315-00 $741970.00 $125-00 $29,750.00 $175-00 $411650-00 $140.001 $331320.00 40 RECONNECTING LATERAL SERVICE TO REPLACED PIPE (W) 13 EA V31000.00 $391000-00 $11900.00 $241700.00 $21500-00 $321500-00 $21300.00 $29,900-001 41 WET CON N ECTI ON S (W) 8 EA $2,000-00 $161000.00 $2, 1 O0. 00 $161800-00 $51000-00 $4010,00-00 $21000.00 $161000.00 42 FIRE HYDRANTS 2 EA $61275.00 $121550-00 $4,100-00 $81200-00 $51000.00 $10,000-00 $51700.00 $111400.00 43 VALVES (61 DIA.) 3 EA $1,450-00 $41350.00 $11200.00 $31600-00 $21000.00 $6,000-00 $11500-00 $4,500-00 44 VALVES(&' DIA.) 3 EA $17900-00 $5,700.00 $11600.00 $4,800-00 $21500-00 $71500-00 1 $11900.00 $51700.001 45 TRENCH SAFETY SYSTEMS, (ALL DEPTHS) 3200 LF $1.00 $31200.00 $6. 00 $191200-00 $3.00 $9,600-00 $1.00 $3,200.00 46 PLOWABLE BACKFILL_ (WASTEWATER) 36 CY $150. 00 $5,400.00 $150-00 $5,400.00 $11000.00 $36,000-00 $210.00 $71560-001 47 PIPE, 16", STEEL ENCASM ENT 50 L F $125-00 $61250-00 $125-00 $6,250.00 $230.00 $111500-00 $145-00 $71250.001 48 DROP MANHOLE, 691 DIA. (PRE -CAST BASE) 1 EA $101500. 00 $101500-00 $7,900.001 $71900-00 $121000-00 $121000-00 $111100.00 $111100-001 49 NEW MANHOLE CONSTRUCTION, 48" DIA. (VWV) (CIP BASE) (ALL DEPTHS) 4 EA 1 $81250-00 $331000-00 $5,850-00 $23,400.00 $16,000-00 $EA1000.00 $81000.00 $32,000-00 50 NEW MANHOLE CONSTRUCTION, 48" DIA. (VWV) (PRE -CAST BASE) (ALL DEPTHS) 10 EA 1 $71750-001 $771500-00 $5,050-00 $50,500-00 $121000.00 $1201000-00 $6,300-00 $631000.00� Page 3 of 8 Updated 6/17/19 CITY OF ROUND ROCK Utilities8� Environmw-iwl Services 34W Sunrise Road BI D TABU LAT I ON Round Rods, Te�cas 7uwv5 PR[1_I5=rT• [_hi4-hr4m Vallau WatPr_ Wa-qtP-vwatsw- and Storm Drain 1mnrnvPnvmts- Arm 3 BIDS EXTENDED AND CHECKED BY: Amanda Taylor DATE: Apri130, 2021 I mpany Name: F927 Cash Construction Comparry, 1-na Royal Vista I nc CoK Commercial Construction Smith Contracting Ca 51 PIPE, 12", ASTM 3034 DR-26 (ALL DEPTHS), INCLUDING EXCAVATION AND BACKFILL LF $365-00 $3381355-00 $135-00 $125,145-00 $200.00 $185,400.00 $222.00 $2051794.00 52 PIPE, 8", ASTM 3034 DR-26 (ALL DEPTHS), INCLUDING EXCAVATION AND BACKALL 1238 LF $285-00 $3521830-00 $125-00 $154,750.00 $180-00 $2221840.00 $158-00 $195,604.00 53 RECONNECTING LATERAL SERVICE TO REPLACED PIPE (WW) 45 EA $250-00 $1111250.00 $11500-00 $677500-00 $21300-00 $1031500-00 $31000-00 $135,000-00 54 NEW SERVICE CLEANOUTS 45 EA $2,500.00 $112,500-00 350 $15,750.00 800 $36,000.00 900 JA01500. 00 55 ABANDONMENT OF EXISTING MANHOLES 4 EA $750-00 $31000-00 $900-00 $31600.00 $2,000-00 $8,000-00 $31700.00 $141800.00 56 BYPASS PUMPING 1 LS $151000.00 $15,000-00 $15,000-00 $151000-00 $70,000.00 $701000-00 $10,000.00 $10,000.00 57 DRY ROCK RI PRA P CL III (DEPTH 24-1 N CH ES) 8 CY $115.00 $920.00 $175-00 $11400.00 $600-00 JA1800-00 $250-00 $21000-00 58 SEEDING 500 SY $3.00 $1,500-00 $4.001 $21000.00 $13-00 $61500-00 $7.00 $31500-00 59 SODDING 450 SY $8.50 $31825-00 $14.00 $6,300-00 $21.00 $9,450.00 $10.00 $4,500-00 60 TREE PROTECTION 10 EA $250-00 $2,500-00 $550-00 $51500-00 $350-00 $31500-00 $450.00 JA1500-00 61 ROCK FILTER DAM 50 L F $25-00 $11250.00 $45.00 $2,250.00 $70.00 $3,500-00 $50-00 $21500-00 62 EROSION CONTROL LOGS INLET PROTECITON (INSTALLATION, MAINTENANCE AND REMOVAL) 39 EA $110-00 U1290.00 $150-00 $51850.00 $130.00 $51070.00 $138.00 $5,382-00 63 INSTALLATION, MAINTENANCE AND REMOVAL 140 LF $7.50 $11050-00 $30.00 $4,200.00 $7.00 $980.00 $14.00 $11960.001 64 PREPARE ROW (FOR STORM DRAIN 2 AC $11,000.00 $22,000.00 $3,000.00 $6,000-00 $10,000.00 $20,000.00 $25,000-00 $50,000-00 65 BARRICADES, SIGNSAND TRAFFIC HANDLIN 300 CD $600.00 $180, 000. 00 $85. 00 $25,500-00 $850-00 $255,000-00 $425.00 $1271500.00 66 RELOCATE EXISTING MAILBOX 6 EA $275-00 $11650.00 $500.00 $3,000-00 $500-00 $3,000-00 $11 000.00 $61000.00 67 REMOVE AND RELOCATE EXISTING WOODEN FENCE 110 L F $67.00 $71370.00 $25-00 $21750.00 $50-00 $5,500-00 $70.00 $71700.001 68 C.I.P. PROJECT S!GNS 2 EA $650-00 $11300-00 $800.00 $1,600-00 $21000.00 $4,000.00 $11500-001 $3v000-00 69 IMPLEMENT, AND UPDATE STORM WATER POLLUTION PREVENTION PLAN (INCLUDING INSPECTIONS) 1 LS $71500.00 $7,500-00 $5,000-00 $5,000-00 $15,000-00 $15,000-00 $6,000-00 $6,000. 70 TOTAL MOBILIZATION PAYMENT 1 LS $417,011-50 $471011.50 $75,000.00 $75,000-00 $340,000.00 $340,000.00 $130,000-00 $1301000-00 TOTAL $3,280,126oOO $1,9879497oOO $39491,56loOO $2,751j693wojo Page 4 of 8 Updated 6/17/19 CITY OF ROUND ROCK Utilities8� Environmu-ml Services 34M Sunrise Road Round Rods, Tcas78665 BID TABULATION PROJECT: ChisholmVaIlley Water, Wastewater, and Storm Drain Improvements= Area 3 PR()_I1=['_T• r.hichAm Vallw WatPr Wadnwatow and qtnrm Drain Imnrnvpmwtc-Area 3 BIDS EXTENDED AND CHECKED BY: Amanda Taylor DATE: Apri130, 2021 LOCATION: 3400 Sunrise Road Round Rock, TX 78665 CompanyName. Austin En 'ncerin Ca I - BI D DATE: 4130/2021 Statement of Safety? Yes Addendum(? Bid Band? Yes Statement of Safety? Yes Addendum(s)? Bid Bondi Yes ]Bid --- Statement of Safety? Yes Addendum(? Bond? Yes Stat of Safety? Yes Addendum(s)? Bid Bard? Yes ITEM APPROX QTY. UNIT UNIT PRICE COST UNIT PRICE COST UNIT PRICE COST UNIT PRICE COST 1 REMOVE STRUCTURE (INLET 2 EA $2,500-00 $51000-00 $0.00 $0.00 $0.00 2 HOT MIX ASPHALT CONCRETE PAVEMENT, 2" TY P- D 1381 Ton $115-00 $158,815-00 $0.00 $0.00 $0.00 3 SURFACE PLANING (MILLING) (2") 11543 SY $3.65 VQ1131-95 $0.00 $0.00 $0.00 4 NEW MANHOLE CONSTRUCTION, 60" DIA. 1 EA $8,500-00 $8,500-001 $0.00 $0.00 $0.00 5 NEW MANHOLE CONSTRUCTION, 72" DIA. 2 EA $9,000.00 $18,000-00 $0.00 $0.00 $0.00 6 PRECAST JUNCTION BOX 4 FT X 4 FT 4 F.A $71500.00 $301000-00 $0.00 $0.00 $0.00 7 PRECAST JUNCTION BOX 5 FT X 5 FT 4 EA $81000.00 $32,000.00 $0.00 $0.00 $0.00 8 PRECAST JUNCTION BOX 5 FT X 6 FT 2 EA $161000.00 $321000.00 $0.00 $0.00 $0.00 9 PRECAST JUNCTION BOX 7 FT X 7 FT 2 EA $241000.00 $4810,00-00 $0.00 $0.00 $0.00 10 PRECAST JUNCTION BOX 8 FT X 8 FT 1 F.A $A251500-00 $25,500-00 $0.00 $0.00 $0.00 11 GRATE INLET (3-FOOT X 3-1700T) 1 EA $5,800-00 $51800-00 $0.00 $0.00 $0.00 12 INLET(COMPL)(PCO)(5FT)(BOTH) 3 EA $151200.00 $451600.00 $0.00 $0.00 $0.00 13 INLET (COM PL) (PCO) (5FT) RIGHT) 2 EA $9,400.00 $181800. 00 $0.00 $0.00 $0.00 14 INLET (COM PL) (PCU) (5FT) (BOTH) 2 EA $15,6010-00 $31,200.00 $0.00 $0.00 $0.00 15 INLET (COM PL) (PCU) (5FT) (L EFT) 9 EA $10,400.00 $931600-00 $0.00 $0.00 $0.00 16 INLET (COM PL) (PCU) (5FT) RI GHT) 13 EA $101000.00 $1301 000. 00 $0.00 $0.00 $0.00 17 HEADWALLS, WINGVVALLSAND SAFETY END TREATMENTS 2 EA $271000-00 $541000-00 $0.00 $0.00 $0.00 18 TRENCH SAFETY SYSTEMS, (ALL DEPTHS) 2808 LF $1.00 $21808. 00 $0.00 $0.0011$0.00 Page 5 of 8 Updated 6/17/19 CITY OF ROUND ROCK Utiliti & Environmental Services 34W Sunrise R d Round Rods, T &%%ffts 78665 BID TABUI.ArIoN D0r1_IP1_T• 1_hichrdm Vallav Water Wactauiatar and .qfnrm brain Imnrnvpms-Area 3 BIDS EXTENDED AND CHECKED BY: Amanda Taylor DATE: April 30, . 1 Company Name: Austin Engineering Ccx 0 0 0 DEPTHS), INCLUDING EXCAVATION AND 19 BACKFILL 361 LF $280.00 $1011080. 00 $0.00 $0.00 $0.00 DEPTHS), INCLUDING EXCAVATION AND 20 BACKFILL 370 L F $285-00 $1051450.00 $0.00 $0.00 $0.00 DEPTHS), INCLUDING EXCAVATION AND 21 BACKFILL 367 L F $300-00 $11011010.00 $0.00 $0.00 $0.00 DEPTHS), INCLUDING EXCAVATION AND 22 BACKFILL 342 LF $368-00 $1251856-00 $0.001 $0.00 $0.00 23 PIPE (RCP CLA SS 111) 42-1 N CH ES, (ALL 267 LF $465-00 $1241155-00 $0.00 $0.00 $0.00 DEPTHS), INCLUDING EXCAVATION AND 24 BACKFILL 129 LF $505-00 $651145-00 $0.00 $0.00 $0.00 P.C. CONCRETE CURB AND GUTTER, 25 INCLUDING EXCAVATION 372 LF $47.00 $171484.00 $0.00 $0.00 $0.00 26 TYPE I P.C. CONCRETE DRIVEWAY 135 SY $155-00 $201925-00 $0.00 $0.001 $0.00 RECONSTRUCTION CONCRETE SIDEWALK TO 4-INCH THICKNESS, INCLUDING 27 REMOVAL OF EXISTING SIDEWALK 165 SY $94.00 $151510.00 $0.00 $0.00 $0.00 RECONSTRUCTION CONCRETE SIDEWALK RAMPS, INCLUDING REMOVAL OF EXISTING 28 SIDEWALK RAMPS 4 EA $11700.001 $61800. 00 $0.00 1 $0.00 $0.00 PRECAST CONCRETE BOX CULVERTS, 4 FT x 1 2 FT, (ALL DEPTHS), INCLUDING 29 EXCAVATION AND BACKFILL 11 L $478-00 $51258.00 $0.00 $0.00 $0.00 PRECAST CONCRETE BOX CULVERTS, 4 FT x 3 FT, (ALL DEPTHS), INCLUDING 30 EXCAVATION AND BACKFILL 97 LF $560.00 $54,320-00 $0.001 $0.00 $0.00 PRECAST CONCRETE BOX CULVERTS, 4 FT x 4 FT, (ALL DEPTHS), INCLUDING 31 EXCAVATION AND BACKFILL 326 LF $615-00 $20:01490.00 $0.00 $0.001--- $0.00 Page 6 of 8 Updated 6/17/19 CITY OF ROUND ROCK Utiliti & Environmental Services 3400 Sunrise Road Round Rack, T&~,ft10'8665 BI D TABULATI ON 00 n 1C f%T • U/ t11a.s UUmfer %N ncfa"mfar nnrl c-zknr m it rni n 1 mnrnvcmonfa _ Aron 'A BIDS EXTENDED AND CHECKED BY: Amanda Taylor DATE: Apri130, 2021 Canpany Name: Austin Engineering CoL 0 0 0 PRECAST CONCRETE BOX CULVERTS, 5 FT x 4 FT, (ALL DEPTHS), INCLUDING 32 EXCAVATION AND BACKFILL 402 LF $750-00 $301,500-00 $0.00 $0.00 $0.00 PRECAST CONCRETE BOX CULVERTS, 5 FT x 5 FT, (ALL DEPTHS), INCLUDING 1 33 EXCAVATION AND BACKFILL 136 LF $765-00 $1041040.00 $0.00 $0.00 $0.00 REFLECTORIZED PAVEMENT MARKERS 34 (TYPE I I -B-B) 5 WOMEN EA 1 $15-00 $75-00 $0.00 $0.00 $0.00 35 TRENCH SAFETY SYSTEMS, (ALL DEPTHS) 333 LF $1.00 $333.00 $0.00 $0.00 $0.00 1 36 PIPE, 18", STEEL ENCASEMENT 60 LF $275.00 $161500-00 INEENEW$0.00 $0.00 $0.00 37 DUCTILE IRON FITTINGS 0.5 Ton $41000-00 $21000.00 $0.00 ANEMONE $0.00 $0.00 PIPE, 61, CLASS 350 DIP (ALL DEPTHS), 38 INCLUDING EXCAVATION AND BACKFILL 95 LF $220.00 $201900-00 $0.00 $0.00 $0.00 PIPE, 8", CLASS 350 DIP (ALL DEPTHS), 39 INCLUDING EXCAVATION AND BACKA LL 238 LF $225.00 $531550.00 $0.00 BEENEEN$0.00 $0.00 1 RECONNECTING LATERAL SERVICE TO 40 REPLACED PIPE (W) 13 EA $29400.00 $311200.00 WEEMEN I ANEMONE $0.00 $0.00 BEEMENN$0.00 41 WET CONNECTIONS (W) 8 $3,000-00 $24, 000. 00 $0.00 $0.00 $0.00 42 FIRE HYDRANTS EWWMWW�EA 2 0 EA ANEMONE $61700.00 $131400-00 $0.00 $0.001 $0.00 43 VALVES (61 DIA.) 3 EA $21600-00 $71800.00 $0.00 BEENEEN$0.00 $0.00 44 VALVES (91 DIA.) 3 EA $31000-00 $91000-00 $0.00 $0.00 MEN ANNOWNE $0.00 1 45 TRENCH SAFETY SYSTEMS, (ALL DEPTHS) 3200 LF $1.001 $31200.00 $0.00 $0.00 $0.00 46 PLOWABLE BACKFILL (WASTEWATER) 36 cy $340.00 $121240.00 $0.00 FOREMEN $0.00 $0.00 47 PIPE, 1611, STEEL ENCASMENT 50 LF $325-00 $161250-00 $0.00 $0.00 $0.00 48 DROP MANHOLE, 6(Y'DIA. (PRF-CA;7RASE) 1 EA $171000.00 $171000-00 $0.00 $0.00 $0.00 NEW MANHOLE CONSTRUCTION, 48" DIA. 49 (WW) (CI P BA SE) (ALL DEPTHS) 4 EA $8,000.00 $32,000.001. $0.00 $0.00 $0.00 50 NEW MANHOLE CONSTRUCTION, 48" DIA. 10 EA $8,500.00 $85,000-00 $0.00 $0.00 $0.00 PIPE, 12", A M 3034 DR-26 (ALL DEPTHS), 51 INCLUDING EXCAVATION AND BACKFILL 927 LF $305.00 $2821735.00 $0.00 $0.00 $0.00 52 PIPE, 8", A STM 3034 D R-26 (ALL DEPTHS), 1 1238 LF $275.00 $3407450.00 $0.00 $0.00 $0.00 Page 7 of 8 Updated 6/17/19 CITY OF ROUND ROCK Utiliti & Environm I Services 34M Sunrise R d Round Rods, Texas 78665 BI D ABU L i ON DR�1_I�rT• [_hichrJm Vallau Watar Wa4awator and Stnrm Drain Imnrhvpmp-ntS-Aroma 3 BIDS EXTENDED AND CHECKED BY: Amanda Taylor DATE: Apri130, 2021 CompanyNama AustinEngin ing Ca 0 0 0 RECONNECTING LATERAL SERVICE TO 53 REPLACED PIPE (WW) 45 EA $11650.00 $749250.00 $0.00 $0.00 $0.00 54 NEW SERVICE CLEANOUTS 45 EA $21900.00 $1301500-00 $0.00 $0.00 $0.00 55 ABANDONMENT OF EXISTING MANHOLES 4 EA $1,800-00 $71200-00 $0.00 $0.00 $0.00 m BYPASS PUMPING 1 LS $6,000-00 $67000-00 $0.00 $0.00 $0.00 57 DRY ROCK RIPRAPCL III (DEPTH 24-INCHES) 8 cy $115-00 $920.00 $0.00 $0.00 $0.00 1 58 SEEDING 500 SY $2.00 $11000-00 $0.00 $0.00 $0.00 59 SODDING 450 SY $8.00 $3,600-00 $0.00 $0.00 $0.00 60 TREE.PROTECTION 10 EA $220.00 $21200.00 $0.00 $0.00 $0.00 61 ROCK FILTER DAM 50 L F $25-00 $11250.00 $0.00 $0.00 $0.00 EROSION CONTROL LOGS INLET PROTECITON (INSTALLATION, 62 MAINTENANCE AND REMOVAL) 39 EA $110.001 $41290.00 $0.00 $0.00 $0.00 63 EROSION CONTROL LOG (1811 DIA.), 140 LF 1 $120.001 $161800-00 $0.00 $0.00 $0.00 PREPARE ROW (FOR STORM DRAIN 64 OUTFA L L) (I N CL U D I N G REMOVAL OF TREES) 2 AC $6,000.00 $1121000-00 $0.00 $0.00 $0-00 65 BARRICADES, SIGNSAND TRAFFIC HANDLIN( 300 CD $55.00 $16,500-00 $0.00 $0.00 $0.00 66 RELOCATE EXISTING MAILBOX 6 EA $225-00 $11350-00 $0.00 $0.00 $0.00 REMOVE AND RELOCATE EXISTING 67 WOODEN FENCE 110 LF $60-00 $61600-00 $0.00 $0.00 $0.00 68 C.I.P. PROJECT SIGNS 2 EA $575-00 $11150-00 $0.00 $0.00 $0.00 CONTRACTOR TO PREPARE, SUBMIT, IMPLEMENT, AND UPDATE STORM WATER POLLUTION PREVENTION PLAN (INCLUDING 69 INSPECTIONS) 1 LS $21000-00 $21000-00 $0.00 $0.00 $0.00 70 TOTAL MOBILIZATION PAYMENT 1 LS $1251000.00 $125,000-00 $0.00 $0.00 $0.00 TOTAL $3952091 l0s95 $0800 $00001 $0.00 Page 8 of 8 Updated 6/17/19 ;;; HALFF May 4, 2021 Michael Thane Director of Utilities and Environmental Services City of Round Rock 3400 Sunrise Road Round Rock, TX 78665 Re: Chisholm Valley Water, Wastewater, and Storm Drain Improvements Area 3 Engineer's Recommendation of Award of Contract A total of 5 sealed bids were received and opened on April 30, 2021 for the above referenced project. The bids ranged from $1,987,497 to $3,520,110.95. Royal Vista, Inc. from Liberty Hill, Tx, submitted the lowest bid in the amount of $1,987,497. After reviewing the contractor's experience and bid price, I recommend award of this project to Royal Vista, Inc. in the amount of $1,987,497. Sincerely, J n Conquest, PE, FM enior Project Manager Halff Associates, Inc. cc: Federico Sanchez, Project Manager, City of Round Rock Halff AVO 33581 HALFF ASSOCIATES, INC. 9500 AMBERGLEN BLVD., BUILDING F, SUITE 125 TEL (512) 777-4600 WWW.HALFF.COM AUSTIN, TX 78729 FAX (512) 252-8141 --- - --- - ----- ------------------------------------ . ....... -------- ------------------------------- - -------------------------------------- ------- -------------------------------- -- - - --- ---- CERTiFICATE OF IIUFORM 295iori USE ONLY'OFFICEComplete. Nos. 1w 4 And.�6 I there, are interested partio-sk ComPlet NOSA 1v 235, and 6- if thore awe.no "nterested. partties.FICATION OF FILI: G M t CERTIcer-11 I M1. Name of antity fifing. ity, si,ta of lhe: bustness entity's -place cate, Nu bevsfv--rm-, and the. c le- and-vountryOf bus1flesS.,2021-w7 -5-288 Royat Vista Inc"ted States LIBERTY HILL, TX UriI Date Filed,................fo............... h .. -n ity o stat -agency, u the r - .S. 05/1312021.2, N of*.. g*bve tha . m.Mme -Mme r. e is a party: e cont orwhtht f CInIng filed*'X4Date AcknovAedged. 3,40' SNRISE R*D ROUND ROCK TCITY OF R0UND ROCK, TEXAS 0 U"I th We a fty- or state agency to t identi a d prow3 Provid'e theldentifitation-number vse-d bythe governmen enti Tackndeseription-W -the.. se.rvkes,, goods, or other pro-pertyto-be p*rovided undet tbe vontract..000000 XER, W---*A..STEWATAREA 3PROJECT*. -CHI'SHOLM VALLEY WA TER, AND S ORM,*,Nature ofinterest 4 e of Interested Party Cfty:: State-0 Country fplac.e. -of busiwPosis.)Namn (check applic-abl- Controllin nter'' g11 me-diaryLIBERTY'KILL X FOUST, MAYDALE TX Un"ted StatesLl-BERTY" LARRY HILL, TX United StatesFOUST X 5 Check only if -thereios N0 Interested Party.6 El UNSi. Wi- ORN� DECLARATION My* name is -and my date of birth 'i's �'" "'�+ � �7" ��9 (,l � rTMy, -_- addressis- --- - - --- --- - 9 cod country state) (z,{street} (city) dedare. under Pena of perjufy that. -the -foregoing m, true and. correct, Ity- inC20.ofExecuted. Stawe 'ofO-n the d y(year') (Monthf .11., entity Signature of authodUe.. rat of -con-tracting-business (6edarant} - ----------- ------------ - -- -------------------- --- -------- V1,1.Ceffdg8a i ton ww, iC5.8C�C8.tX.usVersionForms Provided by Texas Ethics. COMM"Ss", N eth' CERTIFICATE OF INTERESTED PARTIES FORM 1295 10fl Complete Nos. 1- 4 and 6 if there are interested parties. OFFICE USE ONLY Complete Nos. i, 21 39 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. 2021-752288 Royal Vista Inc LIBERTY HILL, 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 05/13/2021 being filed. CITY OF ROUND ROCK, TEXAS 3400 SUNRISE RD ROUND ROCK, TX Date Acknowledged: 05/20/2021 g 41 Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a description of the services, goods, or other property to be provided under the contract. 000000 PROJECT: CHISHOLM VALLEY WATER, WASTEWATER, AND STORM - AREA 3 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling Intermediary FOUST, MAYDALE LIBERTY HILL, TX United States X FOUST, LARRY LIBERTY HILL, TX United States X 5 Check only if there is NO Interested Party. 6 UNSWORN DECLARATION My name is ,and my date of birth is My address is 0 - 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 Ax, us Version Vl,l,ceffd98a