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Contract - Andale Construction - 7/8/2021 g - c CITY OF ROUND ROCK ORIGINAL TRANSPORTATION DEPARTMENT • rl? ROUND ROCK TEXAS Project Manual For: 2021 Street Maintenance Program (SMP) High Density Mineral Bond ��•...•.•.•��4* is May 2021 •1"." 4, f*:: L tor 0-t': e• I MATTHEW BUSHAK .0,\ 48 0 :A Prepared By: 10.***46‘49.g 3/ Jose (JC) Montelongo I[, E.I.T. Associate Engineer City of Round Rock TABLE OF CONTENTS Section Description No. of Pages 00020 Notice to Bidders 1 00100 Instructions to Bidders 4 Exhibit A 1 00200 Bid Bond 2 00300 Bid Form 3 00410 Statement of Bidder's Safety Experience 1 00500 Agreement 5 00600 Insurance& Construction Bond Forms Performance & Payment Bond Instructions 1 Insurance Instructions 1 00610 Performance Bond 2 00620 Payment Bond 2 00650 Certificate of Liability Insurance 1 00700 General Conditions 42 00800 Supplemental General Conditions 1 00900 Special Conditions 5 01000 Technical Specifications 4 02000 Plans, Details and Notes 24 8-2016 Table of Contents 00090665 00020 NOTICE TO BIDDERS NOTICE TO BIDDERS Sealed bids addressed to Jose (JC) Montelongo II, Associate Engineer/ Project Manager, City of Round Rock, Transportation Department, 3400 Sunrise Road, Round Rock, TX 78665, for furnishing all labor, material and equipment and performing all work required for the project titled: 2021 Street Maintenance Program (SMP) High Density Mineral Bond (reseal of current roadway utilizing a high density mineral bond overlay) will be received until Tuesday, June 15, 2021 at 10:00 am, then publicly opened and read aloud at the same address. Bid envelopes shall state date and time of bid and "Sealed Bid — 2021 Street Maintenance Program ( S M P ) High Density Mineral Bond". Bids must also be accompanied by a "Statement of Bidder's Safety Experience" included in Section 410 of the Project Manual. No bids may be withdrawn after the scheduled opening time. Any bids received after scheduled bid opening time will be returned unopened. Bids must be submitted on City of Round Rock bid forms and must be accompanied by an 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 from the City of Round Rock website at the following web address: https://www.roundrocktexas.gov/businesses/solicitations/and https://www.civcastusa.com. Bidders shall be responsible for printing or obtaining prints of the aforementioned documents as necessary. For questions please contact the City's Project Manager, Jose (JC) Montelongo II, 512.218.7026. 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 pre-bid conference is NOT scheduled. Publication Dates: Round Rock Leader: May 27, 2021 June 3, 2021 00020 10-2015 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: www.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 15 below, within ten (10) days after notice of award of contract to him. Bid securities must be submitted in the same sealed envelope with the bid. Bids submitted without a bid security may not be considered at the sole discretion of the City. Page 1 00100 6-2019 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 swhite(a,roundrocktexas.gov within ten (10) business days of notification of the award. Instructions for completing a Form 1295 are attached as Exhibit "A" to the Instructions to Bidders. 8. No conditional bids will be accepted. 9. A bidder wishing to withdraw his 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 within sixty (60) days after opening of the bids, and no bidder may withdraw his bid within said sixty (60) day period of time unless a prior award is made. A Notice to Proceed will be issued within sixty (60) days after contract Execution Date as defined in the General Conditions. 15. Within ten (10) days after written notification of award of the contract, the successful bidder must furnish a performance bond and a payment bond in the amount of one hundred percent (100%) of the total Contract Amount. Said performance bond and payment bond Page 2 00100 6-2019 Instructions to Bidders 00426487 shall 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. 16. Failure to execute the Agreement within ten (10) days of written notification of award or failure to furnish the performance bond and payment bond as required by item 15 above, shall be just cause for the annulment of the award. In case of annulment of the award, the bid security shall become the property of the City, not as a penalty, but as liquidated damages. 17. No 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. 18. 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. 19. If the bidder's insurance company is authorized, pursuant to its agreement with bidder, to arrange for the replacement of a loss, rather than by making a cash payment directly to the City,the insurance company must furnish or have furnished by bidder,a performance bond in accordance with Section 2253.021(b), Texas Government Code, and a payment bond in accordance with Section 2253.021(c). 20. Any quantities given in any portion of the Bid Documents, including the drawings(plans), are estimates only, and the actual amount of work required may differ somewhat from the estimates. The basis for payment shall be the actual amount of work done and/or material furnished as specified in the General Conditions. 21. 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 Page 3 00100 6-2019 Instructions to Bidders 00426487 for aterials purchased.The Contractor must have a valid sales tax permit in order to issue a res.le certificate. Upon obtai Hng consumable materials, the Contractor will issue a resale certificate in lieu of payment of s les tax, and the following conditions shall be observed; 1) The Contractor will transfer title of consumable, but not incorporated, materials to the City at the time and point of receipt by the Contractor; 2) ,The Contractor will be paid for these consumable materials by the City as soon as practicable. Payment will not be made directly but considered subsidiary to the pertinent bid item. The Contractor's monthly estimate will state that the estimate includes consumables that were received during the month covered by the estimate; and 3) The designated representative of the City must be notified as soon as possible of the receipt of these materials so that an inspection can be made by the representative. Where practical,the materials will be labeled as the property of the City. 22. The I ontractor, after execution of the contract and pursuant to Internal Revenue Service (IRS) regulations, shall furnish its Taxpayer Identification Number(TIN)to the City. The Cont actor shall provide the appropriate information on a W-9 form(which can be provided by thL City upon request). This form shall be submitted directly to the City's Accounts Paya le Department to ensure security of the information. 23. If theBid Form includes Add and/or Deduct Alternate bid items and/or otherwise provides for Al ternate bids, the City will determine whether to select or not select one or more of the A'dd and/or Deduct Alternate bid items and/or Alternate bids at the City's sole discr;tion and for its greatest advantage. If the City selects any Add and/or Deduct Alter ate bid items, the total bid amount will be determined by adding the amount of the selec red Add Alternate(s)to, and deducting the amount of the selected Deduct Alternate(s) from 'he Base Bid or the selected Alternate bid. Page 4 00100 6-2019 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 swhitegroundrocktexas.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 Andale Construction, Inc. of the City of Wichita County of Sedgwick State of Kansas as Principal, and Old Republic Surety Company authorized under the laws of the State of Texas to act as surety on bonds for principals,are held and firmly bound unto the CITY OF ROUND ROCK,TEXAS("Owner"), in the penal sum of Five Percent(5%)of the total amount of the Bid of the Principal submitted to the Owner, for the Work described below; for the payment whereof,well and truly to be made, and the said Principal and Surety do herby bind themselves and their heirs, administrators, executors, successors and assigns, jointly and severally,as follows: In no case shall the liability of the Surety hereunder exceed the sum of( Five Percent of Amount Bid Dollars(S 5%of Amount Bid ). 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 2021 SMP HIGH DENSITY MINERAL BOND"for which Bids are to be opened at the office of Owner on the 15th day of June ,2021 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 15th day of the month of June 20 21 . Andale Construction, Inc. Old Republic Surety Company Principal Surety Pt+e.r 4i. PI 0 I(+t.r Mary T. Flanigan Printed e Printed Name f By: 'n By: _ Title: r e ' d,e.r<k Title: Attorne in-Fact Address: 317Q N. Ohio Street Address: P.O. Box 1635 Wichita, KS 67219 Milwaukee,WI 53201-1635 00200 4-2020 Page 1 Bid Bond 00443638 Resident Agent of,Surety: 1//7 //c Signature Florence McClellan - Printed Name 3657 Briarpark Dr., Suite 700 Street Address Houston, TX 77042 City, State, Zip Page 2 00200 4-2020 Bid Bond 00443638 ** .* OLD RE:PUBLIC SURETY COMPANY * • - - • -- .*: • -• • • - *** POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS:That OLD REPUBLIC SURETY COMPANY,a Wisconsin stock insurance corporation,does make,constitute and appoint: CHRISTY M.BRAILE,ZEBRA J.SCARBOROUGH,JEFFREY C.CAREY,MARY T,FLANIGAN,PATRICK T.PRIBYL,EVAN D.SIZEMORE,CHARISSA D.LECUYER, CHARLES R.TETER,III,REBECCA S.LEAL,TAHITIA M.FRY,C.STEPHENS GRIGGS,KELLIE A.MEYER,VERONICA LAWYER,LAUREN SCOTT of KANSAS CITY,MO its true and lawful Attorney(s)-in-Fact, with full power and authority for and on behalf of the company as surety, to execute and deliver and affix the seal of the company thereto (if a seal is required), bonds, undertakings, recognizances or other written obligations in the nature thereof, (other than ball bonds, bank depository bonds, mortgage deficiency bonds, mortgage guaranty bonds, guarantees of Installment paper and note guaranty bonds, self-insurance workers compensation bonds guaranteeing payment of benefits, or black lung bonds),as follows: ALL WRITTEN INSTRUMENTS and to bind OLD REPUBLIC SURETY COMPANY thereby,and all of the acts of said Attorneys-in-Fact, pursuant to these presents,are ratified and confirmed. This appointment is made under and by authority of the board of directors at a special meeting held on February 18,1982. This Power of Attorney is signed and sealed by facsimile under and by the authority of the following resolutions adopted by the board of directors of the OLD REPUBLIC SURETY COMPANY on February 18,1982. RESOLVED that, the president. any vice-president or assistant vice president, in conjunction with the secretary or any assistant secretary, may appoint attorneys-in-fact or agents with authority as defined or limited in the instrument evidencing the appointment in each case,for and on behalf of the company to execute and deliver and affix the seal of the company to bonds,undertakings,recognizances,and suretyship obligations of all kinds;and said officers may remove any such attorney-in-fact or agent and revoke any Power of Attorney previously granted to such person. RESOLVED FURTHER,that any bond,undertaking,recognizance,or suretyship obligation shall be valid and binding upon the Company (i) when signed by the president,any vice president or assistant vice president,and attested and sealed(if a seal be required)by any secretary or assistant secretary;or (ii) when signed by the president,any vice president or assistant vice president,secretary or assistant secretary,and countersigned and sealed(if a seal be required)by a duly authorized attorney-in-fact or agent:or (iii) when duly executed and sealed (if a seal be required) by one or more attorneys-in-fact or agents pursuant to and within the limits of the authority evidenced by the Power of Attorney issued by the company to such person or persons. RESOLVED FURTHER that the signature of any authorized officer and the seal of the company may be affixed by facsimile to any Power of Attorney or certification thereof authorizing the execution and delivery of any bond,undertaking,recognizance,or other suretyship obligations of the company;and such signature and seal when so used shall have the same force and effect as though manually affixed. IN WITNESS WHEREOF, OLD REPUBLIC SURETY COMPANY has caused these presents to be signed by its proper officer,and its corporate seal to be affixed this 2nd day of November 2020 w . SCR ��,,,, OLD REPUBLIC SURETY COMPANY , • Gp11PORATl\; �• �+. 4", � SEAL S, 11411 :' 44:4 • Asss.ant Secret.� �=,,, .._........ \``�.•� President STATE OF WISCONSIN,COUNTY OF WAUKESHA-SS On this end day of November 2020 ,personally came before me, Alan Pavlic and Karen J Haffner ,to me known to be the individuals and officers of the OLD REPUBLIC SURETY COMPANY who executed the above instrument,and they each acknowledged the execution of the same,and being by me duly sworn,did severally depose and say:that they are the said officers of the corporation aforesaid,and that the seal affixed to the above instrument is the seal of the corporation,and that said corporate seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority of the board of directors of said corporation. I . . • . �.-• Vs��•� '' Notary Public My Commission Expires: September 28, 2022 CERTIFICATE (Expiration of notary's commission does not invalidate this instrument) I,the undersigned,assistant seqe#asy of the OLD REPUBLIC SURETY COMPANY,a Wisconsin corporation,CERTIFY that the foregoing and attached Power of Attorney remain, ?rfufl-force and'he's nof been revoked; and furthermore, that the Resolutions of the board of directors set forth in the Power of Attorney,are now in force.. -- ,,.� -0, ?'`X. � AArt Oss. � � -. Z.°C� SEAL,, �;" Signed and sealed at the City of Brookfield,WI this 15th day of June 2021 40-5654 i g. . M 's 0�' tom, /•'rs. _ • - . - ORSC 22262(3-06) ,,rn • ii Assis....it Secrete LOCKTON COMPANIES, LLC IMPORTANT NOTICE AVISO IMPORTANTE To obtain information or make a complaint: Para obtener informacion o para some-ter una queja: You may call Old Republic Surety Company's and/or Old Republic Insurance Usted puede llama(al numero de telefono gratis de Company's toll-free telephone number for Old Republic Surety Company's Old Republic information or to make a complaint at: Insurance Company's para, informacion o para someter una queja al: 14800) 527.9834 14800) 527-9834 You may also write to Old Republic Surety Company and/or Old Republic Insurance Usted tambien puede escribir a Old Republic Surety Company at: Company I Old Republic Insurance Company: PO Box 569480 PO Box 569480 Dallas, TX 75356-9480 Dallas, TX 75356-9480 You may contact the Texas Department of Puede comunicarse con el Departamento de insurance to obtain information on Seguros de Texas para obtener informacion acerca companies, coverages, rights or complaints de companies, coberturas, derechos o quejas al: at: 14800)25203439 1-(800) 252-3439 Puede escribir al Departa.mento de Seguros de You may write the Texas Department of Texas: Insurance: P.O. Box 149104 P.O. Box 149104 Austin, TX 78714-9104 Austin, TX 78714-9104 Fax: (512)475-1771 Fax: (512)475-1771 Web: htt Web:htt ://wm tdi eAx..us E-Mail: ConsurnerProtem Idiestate.bc.us E-Mail: ConsumerPtroteckIi..tate„.tK..usa DISPUTAS SOBRE PRIMAS 0 RECLAMOS: PREMIUM OR CLAIM DISPUTES: Si tiene una disputa concerniente a su prima o a un Should you have a dispute concerning your reclamo,debe comunicarse con el agents o Old premium or about a claim you should Republic Surety Company I Old Republic Insurance contact the agent or Old Republic Surety Company primero. Si no se resuelve la disputa,. Company andfor Old Republic Insurance puede..entonces comunicarse con el departamento Company first. If the dispute is not resolved, (TDI), you may contact the Texas Department of Insurance. UNA ESTE AVISO A SU POLIZA: Este aviso es solo para proposito de informacion y no se ATTACH THIS NOTICE TO YOUR convierte en parte o condicion del documento POLICY: This notice is for information only adjunto. and does not become a part or condition of the attached document. 00300 BID FORM BID FORM PROJECT NAME: 2021 SMP HIGH DENSITY MINERAL BOND PROJECT LOCATION: Round Rock,Texas OWNER: City of Round Rock,Texas DATE: May 20, 2021 Gentlemen: Pursuant to the foregoing Notice to Bidders and Inshuctions 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 2021 SMP HIGH DENSITY MINERAL BOND 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 project website: www.civcastusa.com by the close of business on June 11, 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". SASE SID 'Sad Approx. Item Description .Item Qty. Unit and Written Unit Price Unit Price Amount 1 1 LS Video DVD of Project Areas prior to and after construction complete in place per LS for Two Thousand, Two Hundred.Fifty dollars and Zero cents. $ 2,250.00 $ 2,250.00 2 1 EA Engineered Traffic Control Plan complete in place per EA for Three Thousand dollars and Zero cents. $ 3,000.00 $ 3,000.00 3 2 MO Traffic Control Implementation complete in place per MO fox Ten Thousand Six Hundred Ei,qhtyOned011ars and Zero cents. $ 1O681.00 $ 21,362.00 003OO92O15 Page l of 3 Bid Form BASE Bid Approx. Item Description Item Qty. Unit and Written Unit Price Unit Price Amount 4 960 LF REFL PAV MRK TY I (W) 12" (SLD)(100 MIL) complete in place per LF for Nine dollars and Sixty cents. $ 9.60 $ 9,216.00 5 200,000SY Materials,equipment and labor necessary for High Density Mineral Bond in accordance with attached project specific notes and specifications • complete in place per SY for Three dollars and Twenty Seven cents. $ 3.27 $ 654,000.00 003OO-92O15 Page 2 of 3 Bid Form TOTAL BASE BID(Items I thru 5 ) $ 689, Materials: $ 654,000.00 All Other Charges: $ 35,828.00 *Total: $ 689 828 00 ,...,____L--7---. ,* 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. Respectfully Submitted, .4:- ��Air Andale Construction, Inc. Signature Peter J. Molitor 3170 N. Ohio St., Wichita, KS 67219 Print Name Address President 316-832-0063 Title Telephone Andale Construction, Inc. Name of Firm 411 i 06/14/2021 -....14 Aw/ Jennifer.Cham.ion Date 'ere ' , if d r is a orporation QO2OO-92O15 Page 3 of 3 Bid Form 00410 STATEMENT OF BIDDER'S SAFETY EXPERIENCE Page 1 00410 8-2014 Statement of Bidder's Safety Experience 00090654 Solicitation Requirements, Contract Forms & Conditions of Contract Statement of Bidder's Safety Experience Section 00410 Bidder must submit a signed Statement of Bidder's Safety Experience form with his Bid; failure to do so will constitute an incomplete Bid that may be rejected. In order to make a responsive Bid, Bidder must provide evidence that it meets minimum OSHA construction safety program requirements, has not been fined by OSHA for any willful safety violations in the past three years, and has a lost time injury rate that doesn't exceed the limits established below. All questions must be answered and data given must be clear and comprehensive. If necessary, questions may be answered on separate attached sheets. Company Name: Andale Construction, Inc. Address: 3170 N. Ohio St. Phone: 316-832-0063 Completed by: Phillip Boudreaux Date: 06/14/2021 1. Does the company have a written construction Safety program? �✓Y e s 0 No 2. Does the company conduct construction safety inspections? OYes 0 No 3. Does the company have an active construction safety-training program? OYes 0 No 4. Has the company been fined by OSHA for any willful safety violations in the past DYes 0 No three years? 5. Does the company have a lost time injury rate of 7.8 for SIC 15, or 7.6 for SIC 16, OYes El No or less over the past three years? Attach the company's OSHA 200/300 logs for the past three years. 6. Does the company or affected subcontractors have competent persons in the following Areas? A. Scaffolding DYes ONo 0 N/A B. Excavation 0 Yes ONo ON/A C. Cranes 0 Yes ONo EZI N/A D. Electrical DYes ONo 0 N/A E. Fall Protection 0 Yes ONo 0 N/A F. Confined Spaces 0 Yes ONo ON/A I hereby certify that the above information is true and correct. rt.> Safety Manager Signature J ',� Title Page 1 00410 8-2014 Statement of Bidder's Safety Experience 00090654 i OSHA's Form 0112004) Yea: 2018 Summary of Work-Related Injuries U.S.Department of Labor t iy:,4-!y'1,:,!t:«:1!►�•t i:':t.►t�:•�~"�.:�r. 't i?t'!:�•"�,kt••ty...�o::s•s�.••>,::�, �. • .. times "i:• •t•+a-:•td•+!:.:. a y-r:::•¢..-•v.•rnt`::y.,. .yt,- ......r..•.•.: i•.Yh,r}Y ''rY*i.t�\'S.`Ss',•,Rir+:•+.':'.fti�¢,`r.'tiO r/L�'`-`.,^:'�. ,:i.! • .,*:'+--•+. w :i.ti•-i•t:rf.-;7• •.-_r�l.LT1►'.•�-':�f,.ls.•••.•..>:t�••t:'....•�...t.f•�.••L�••1.71.••rs-;,.i.ji.ltf..� �t�:1::�•��t�fi•, M Z'n:'��•SY'.,. .� •. w.:r, :i•"i.Y.•. �a�i.R'-^�,,-��.•T�•}[!;�•wr7A'��tt•1^'•�'!•r}}'It :��-;t!ti'f►:%v:a •s:.•!.�'rt!•.`.,•IS•'•t.►�:>�.'•�:� •'s'^ w.•t!•-\'. ♦...•� - Occupational Safety��Administration T i`N:/..Ir.ay:W:•... 4i 1.-��•a-:i.�.-..1i4%�.^..�" $'.�.• 4b�f�L..,Y Y• {i•i I•:tt�-i�':il.•�•-1• - .�'. .{•..a�Y..��:�•'fti j'r �. �� r:w: •y. a.tom.:-i•i -1t.,. •hp• .ir, .-4,.. :1:,.._i... i': t ♦ •1'i��'.•'i ice•:" •a::•''-. .'.i ft• ty...�..Sat-,�K':• a. • 'r'• •rC i.r.,.•^A':., r•. ...ti•^• .�.fir,•�'A•.tit :tY;�ryq,•lt♦r!S.•,•:i;i..Iiw,j-►r:'yr`'pp,��",Y:""':�.•i�•y:.7-^y,4�I•�''f0.•tr!f..5S��4:'..+,•1'� !4t v .► �i•- •y{.•" !:GZ T•r '�', f.. 'ii:': ,=�'7.•y':i!..:•.r.''tr�►;A: i'•V: > •. 7�.1.: Ia•'�+ .'FA Y.• 1•.� tT-. i� ♦ ♦.•.,t..• sI,.M.i ;•1=•w.►:..-f,�'•. •r..r ,ia. Y. '�. S^' A,tt%7!'.' �'..s `.a!!:t Is• �:« - •S ♦t•..Ya.r,';�'S.j%a •1 +� /.,r�s�•'i.t.-:I-...•a•.•s.•:•F:wt•U+vw..:.it`•i::�:1t�/.►"•3f:ii►�}.�t'�+'i�ir•r•;w"tl;�•i'iS}tfri,�;,'�'r'•'Y All establishments covered by Part 1904 must complete this Summary page,even if no injuries or Fomn approved OM8 no.�Z18-0176 illnesses occurred during the year.Remember to review the Log to verify that the entries are complete Using the Log,count the individual entries you made for each category. Then write the totals below, Establishment Information making sure you4ve added the entries from every page of the log.If you had no cases write'O." Employees former employees,and their representatives have the right to review the OSHA Form 300 in Your establishment name Andale Construction,Inc. its entirety. They also have lire access to the OSHA Form 301 or its equivalent_ See 29 CFR 1904.35,in OSHA's Recordkeep ng►rule,for further details on the access provisions for these forms. Street 3170 l`i Otto . •+s.rj.,; ir + -. : : � . i w : • r INmro>l:4 S '.i''r".:7'e34:. -•� � FI v ;% . i f F t w ktl : � n;i C� Wichita State Kansas Zip 67219 tCase s0 �, �d','•�';:•4••�#.yt.$, j,,2: ��.•{.'w:Cr tPv .Y S0r t•7 r� Tii Y`Y "j/.!«Ytpt+r •i ' . Yr• : ,:",:••vr,yii'f,f �.Vh•' iItsa.tin i•:Ytt >'":.:, vLs i smo,,ti1♦l � t•1�•�'"f r'Ko�sf:•♦;'•T ,,ar-f �•A ,;;:i:..„,,,,,,,,,,,,,,,,,,,,,,,,,,,ix......,. a •YY r.w K^ „ v:• 31 rt t/}.S t,.t.I.>M:t.r. � •w«,.,,,, �..)�V .. �.-••,;.. ..r:;,,�r .rt,0,o .c ,? . Industry description(e.g.,Manufacture of motor truck trailers) Total number or Total number of Total number of cases Total number of . C�vil work deaths cases with days with job transfer or other recordable away from work restriction cases Stan dard Industrial Classification(SIC),if known(e.g.,SIC 3715) 0 0 0 0 1 6 1 1 (G) (H) (I) (J) OR North American Industrial Classification(NAICS),•�f known(e.g.,336212) 'r;.--ti::r •if=f,.r..•:::.,•>.:�'"- •�:>�S- r+�•ri..•:,'.�:' •yv •i.�. r'a•''j' ,.:-i.!.�.r.�: •; r!:•:•"4-`::..-•.I ti -l�.! :%•`• :t•-1•.'s! f r •r. �•. :: y r i": s: • mow: ':-: . i•it'':� a :t;••{':r s. )Af i.<_ T�Y .Oiti.i4;4;rvst..�t v:•WS.i r r.?-. ':_ �':J"4(Y:• •"ti t ti-'i',V. :'N:4:..i%. Number Days c ii.. :��s Y.4_.1 l y� _T�• 7 T.. ? 4r Y:i r=•Y'f.:s:..1tS ''a ::• ',+'�,•v w'�•!}r'*,.:>s-~i:t.7 Employment norat�o,s `•;+',%f= i '''VYvf-;r::.•4:s Iv ' ::k.; ii y�j,-Zr> r1,;•%!.vw}:s !;w f f '7• r' �i :..,;:•"4,f••r%f :i`:1:r,'•rii s-t - ,..•..•�:rr!:1ij',.i.a r'3;x:4..-.7.•s«t: .•;" ':o ..s.i •s::, -•y?.}t:j't►:�, r.:ar taS,v.t:..•f:'s::jr. .i,.• :�jdS_+tir:/..'.% _r t _ t•,is: _.!r,. i 1 Total number of Total number of days of days away from job transfer or restriction Annual average number of employees 60 wink Total hours worked by all employees last __ 0 0 • year 256,829 (K) (I) ��` r, _ .• -r?-• �.�.:1'*�:•ai:�•.,-+ ".:R•.eL',t'i✓' •_f%:t'"�:••::'.•::•:r'i�1..•• .s...s..,. it Wit• .t:" t '••\.Y '.•' 'i•:•••• d. 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(M) (1) Injury 0 (4) Poisoning 0 • (2) Skin Disorder 0 (5) Hearing Loss 0 (3) Respiratory I certify that I have examined this document and that to the best of my knowledge the entries are true,accurate,and Condition 0 (6)Ali Other illnesses comet 0 1 ---,.. /dri„,0President ompany executive • Title 31 f-832-0063 Post this Summary page from February 1 to April 30 of theyear the in4rZOt9 following yearcovered by the form Phone Date Public reporting burden for this cohec ion of information is estimated to average 58 minvte,s per response,including time to review the instruction search and gather the data needed,and complete and review the collection of information.Persons are not required to respond to the collection of information unless it displays a currently valid OMB control number.ff you have any comments about these estimates or any needs of this data collection,contact:US Department ot Labor.OSHA Office of Statistics.Room N-3644.200 Ccnsbtution Ave,NW.Washington.DC 20210.Do not send the completed urns to this office. .';i+.��'-�{ a-.�^eJ'J,a Y.i.f2��^�•..��-�'•�''� •.nYi.E•so•'.'�s;<s,P�Y'�l.:`�..t��IT •'•.r:':t.• - a.2• •� � �L wr•. {. :4;..a•:'�"'<}t,-1"-,�5 SJ`� -:•.v .ti..-�_• �.i<.:7cr ,..-,:•.:� :.�joc�t`:.j.* -j.� •,2 i 1i, •y�J..:.f{r=r..' .�� .:.•' ;Y 2;-..;,`.-C t.•�:L'. .`l.- I. < L +i-J... .--..c.,�-ta'=.-� 'i�i• a� 1 F M.-.r,�:u. � �+ter-�lx��7;<• ..-.. .. :�'" ! =ti.Y!� .*i 'J -- ,' ti..ti � .•�„•.r ._. it «�'� -L 1.�''y 2,... 7 - t•;,`•'J' • ♦ r s. - - . ,Ct, ,.._/ .t:- �};Zv.:`�. a f J_�-,-''•ta:..ii:•4;,+=. Y'Y.1'�♦♦c,.i...a�ttit-•♦ ✓�+,v..'nc�.r•-• .� .t:. .':: .<••..{-+:Tr ,-., r.{w'.ti- ♦ .,?+;1�,'.�:.`J``a.:.�.1 f•:':''C,r�t'�?. !<.:fit'��i7 '✓;.t?.l�.y-t'e t�:w-;-:;,yi.•t 1�.Y' '•.' !� ) �.[ _ • 6:• ..r.,.. �JS.�.•�f.•..5.„�.+�t'•.1-i..l!"=.i�.•+v..„allpl;+�3��(•t. •.Zw e.:,1�i...n;hY7i f4�-':1,:j 4'�1�v =j:e.f' {�v+t',�i�-'.' „-r: •�' ,. .. -"..� •.'.a•�,•.t,•b,sS�r?•-;.,1;�2-�•ti•i�`-t:�t}��.3^S�,,,�;<-3•Y;i's'•?-•�:r?r+M:,s-.• �•"�:�+..F'..��:.:rr'1•�•;-r'�r�.,yjt:�'.•,xs:.r,.•�.., .;,t,. _,-••�i ,. ,_.,._ ,t ,.s,- t".-+n,�:�"J5, ;, •"Y'•li.,.-Ns) •.ate. -1�l �.r7i-��...•.� !. �tie,`.z. ,-. ..t.. ..,..,- .tit.._.Mt .... c:..�r Z�tt?t'i>"„�y{:i.=••K.�1i �i,'S_��+'r->_'..'YY xs'.l^..i::•"�.��?`'.r,.,�4..,4.;._-• �..'�-2..• �..t, .:.^ , .-.<., .....�.!-'!•�/.�:..-�•. ti.�'-'k;.c`•%:`i�`ff.'r 1i•:"�":�_..s'.�'i�,��,�Y t}:,'4,4L+;'/.�`�1�!(�°�-^�-.�: r :.Y' w s-Sr y ate..-. �i'�-_'t�r.;�is`':C;j�7',t i,?,.:^S,'M-;f.`;f.nt-, • OSHA's Form 300A (Rev.01/2004) . Year 2019 •• Summary of Work-Related tnj a n d IOn essesU.S.Department of tabor _ Occupational Safe and Health Administration Rom.'-,..,,mR-RIS�i Xsli3 f X�.Sri.23,f .Yf4..t,,,ss,r,ezaef4W,YOniKltit:s»w7'.z.?Nt£ ..xk,.2t1,Affi'RiAd&�►3�? f�ttE4�S�Y� 1r4Y g4,1xce.f-",,.- '$�:f9�"....w.. ( $9`.9°.,t,.lafS riZ r4 .-e"�..;aWgitcrZtce��srv!attY .mrvfo44#' u.U—ASSh:LA7E...4W.,,,. ti: "Jl:`cYi�F91!: Kp�R�Sr8= All establishments covered by Part 1904 must complete this Summarypage,even if no injuries or t=orrzt approved a�1a na.121a ut7a illnesses occurred during the rear. Remember to review the Loci to verify that the entries are comcrlele Using the Log,count the individual entries you made for each category. Then Ode the totals below, Establishment information making sure you've added the entries from every page of the log. If you had no cases wile"0." Employees former employees,and their representatives have the right to review the OSHA Farm 300 in Your establishment name Andale Construction,Inc. its entirety. They also have limited access to the OSHA Form 301 or its equivalent. See 29 CFR 1904.35,in OSHA's Recordkeepiog rule,for further details on the access provisions for these forms. Street 3170 1.Ohio " - _ ',-' i w ~ - "" - be •. ',. , • City Wichita State ..i., .. ^„ f� s `�''+-�1'.i' 4'b: •,"�.�, Kansas Zip 67219 �f industry description(e.g.,Manufacture of motor truck traitors) Total number of Total number of Total number of cases Total number of Civil work deaths cases with days with job transfer or other recordable away from work restriction cases Standard industrial Classification(SIC),if known(e.g.,SIC 3715) 0 0 0 0 1 6 1 1 (C) (H) (I) (J) OR North American Industrial Classification(NNAICS),if known(e.g.,336212) y w.c. ��ygi x•i 4 e, -if.'1t x . �'• v"�� "`es 3i,"�"d6kt�..P.O.A; . a s=nd.- W t�'ny�,„ 'tAu. A vr� e,.ti xrn 'lN„r"t .c'�' �L ,may h<[+�p�^$�� w„f �>i ��'�. �`,`� � �"G ��I'�.'si n��'��yu'�'S.K�Y'r<1_�� q�-r-� ., , ' STy�,,r .t aft fir. 1�,4y�. Employment information . ',...'i_,_;,.k,-: . •s,�.t. <acY _�4r'`- r� � .. ��f'.a` .`9",,� as �?,.. � A�'�.m�«.� V N�./Jti.�n9. Ki`4' Y1`l�• t�<�lOG�,�..,,'��. tom • 4 Total number of Total number of days of days away from job transfer or restriction Annual average number of employees 79 0 Total hours worked by all employees last year 187228 (K) -'''''A' (k) • . ;�°, � I.xt ) F 4+•- .`y-.,'�',,.moo�S ti� S `��#tI'� ,qt Jin � ~,f -��' ¢� `�, �` 5 s i f y 9 r s f' 1,1!'i yG ','S._c � 'i , x„s�--s-"'t asaS;L ..,� 4 ,, �.-�b:� . .-..�.� �:.�.-- �-t� ' Sign here , Total number of... Knowingly falsifying this document may result in a fine. (M) (1) lniury . 0 (4) Poisonfn 0 (2) Skin Disorder 0 (5) Nearing Loss 0 (3) Respiratory I certify that 1 have examined this document and that to the best of my knowledge the wines are true,accurate,and Condition 0 (6)All Other Illnesses 0 complete. „V::":4( _...,,:,.r c,,--,,e,"/ ,ifmpany executive �_ The .316-83241063 113120 1 s Post this Summary page'from February 1 to April 30 of the year following the year covered by the form Phone Date Public reporting burden t'or this collection of information is estimated to averaga 58 Orioles pa"response,including lime to review the inslruclion,search red gather the dale needed,and complete and review the collectisnot information.Persons are not requ€rod to respond to the cellecllon of information unless it displays a currently vaid OMB control number,it you have any comments about these esllmates or any aspocts of this data cdtecline,umlaut:US Deparlmernl sot t_aboe.OSllA Office of Slaiislics.Room N3&44.200 Conslilulirrs Ave.NW.Wasl:inokur.DC 20210.Drivel rood the oomaseted twain In ibis office. q�t, y-�p,-�y !? %1?.. °41.. . „ ,, ..4E :'4st-7i _ #5.A 'D W 5�:..s'L aM '2. `.��PY�a',. 4 i 7 e'P.S7c'-.�iF_'x"':11K.41Zt.. t.Wli SM1t� OSHA's Form 300A (Rev.01/2004) Year 2020 Summary of Work-Related Injuries and Illnesses U.S.Department of Labor Occupational Safety and Health Administration Form approved OMB no.1218-0176 All establishments covered by Part 1904 must complete this Summary page,even if no injuries or illnesses occurred during the year. Remember to review the Log to verify that the entries are complete Using the Log,count the individual entries you made for each category. Then write the totals below, Establishment information making sure you've added the entries from every page of the log. If you had no cases write"0." Employees former employees,and their representatives have the right to review the OSHA Form 300 in Your establishment name Andale Construction,Inc. its entirety. They also have limited access to the OSHA Form 301 or its equivalent. See 29 CFR 1904,35.in OSHA's Recordkeeping rule,for further details on the access provisions for these forms. Street 7700 N Hayes Dr Number of Cases City Valley Center State Kansas Zip 67147 Industry description(e.g.,Manufacture of motor truck trailers) Total number of Total number of Total number of cases Total number of deaths cases with days with job transfer or other recordable away from work restriction cases Standard Industrial Classification(SIC),if known(e.g.,SIC 3715) 0 0 0 0 1 6 1 1 (G) (H) (I) (.1) OR North American Industrial Classification(NAICS),if known(e.g.,336212) Number of Days Employment information Total number of Total number of days of days away from job transfer or restriction Annual average number of employees 116 minrk Total hours worked by all employees last 0 0 year 169275 (K) (L) Injury and Illness Types Sign here Total number of... Knowingly falsifying this document may result in a fine. (M) (1) Injury 0 (4) Poisoning 0 (2) Skin Disorder 0 (5) Hearing Loss 0 (3) Respiratory I certify that I have examined this document and that to the best of my knowledge the entries are true,accurate,and complete. Condition 0 (6)All Other Illnesses 0 President j�any executive Title 316-832-0063 1/21/2021 Post this Summary page from February 1 to April 30 of the year following the year covered by the form Phone Date Public reporting burden for this collection of information is estimated to average 58 minutes per response,including time to review the instruction,search and gather the data needed,and complete and review the collection of information.Persons are not required to respond to the collection of information unless it displays a currently valid OMB control number.If you have any comments about these estimates or any aspects of this data collection,contact:US Department of Labor.OSHA Office of Statistics.Room N-3644.200 Constitution Ave,NW,Washington,DC 20210.Do not send the completed forms to this office. WORKERS COMPENSATION EXPERIENCE RATING /vcri Risk Name:ANDALE READY MIX CENTRAL INC Risk ID: 913848896 Rating Effective Date: 10/01/2019 Production Date: 08/15/2019 State: INTERSTATE OW ;':":1:iii,11111:101#r*OUVIC. p0:114V-Viir' 10.***NO , * , vao:0106 ir.",:ttE 4Ayikk „ohms, --„&„0.0igto 4:A4v KS .26 . . : :•• •• •••• ••••.....•..• • .•,,:• • ••:• 15,632 NM .22 323 443 120 0 65,450 0 OK I. 55 ..781 226 0 66,000 Q- • : • 0 Sc .19 47, 623 149 0 73,000 0 0 TX .24. : ..:.., • , f,'-tniketfi,r119.,.;,!:Q71161 tiNgtrittkil .26! I 249,1551 374,8441 125,6891 01 58,8121. 5,632 • 5,6321 710"1410,713.*, Atiligiaik:Ilia" It-itclltiftihtkltil,:,, liMattiStilittli:'IOU* (I) C*(1 -A)+G (A)"(F) (J) Actual 5,632 243,187 0 248,819 (E) C"(1 -A)+G (A)"(C) (K) Expected 125,689 243,187 64,780 433,656 Infollgozwemnaity5x.N.SatierAMORT*140F1,01,RMe qtAUMWIWKOW,60414.7114•5"7904:4,'i:v441,1 targawatik.antaly*i,.0..,,M121it:-PatiltavAin,',W,44+ZOWSatigg4„ (J)I(K) Factors 1.00 .57 REVISED RATING THE ARAP FACTOR SHOWN IS FOR THOSE STATES CONTAINED ON THIS RATING THAT HAVE APPROVED THE ARAP PROGRAM AND IS CALCULATED BASED ON THE STATE WITH THE HIGHEST APPROVED MAXIMUM ARAP SURCHARGE.THE MAXIMUM ARAP SURCHARGE MAY VARY BY STATE. PLEASE REFER TO EACH STATE'S APPROVED RULES FOR THE APPLICABLE MAXIMUM ARAP SURCHARGE. REVISED RATING TO INCLUDE UPDATED DATA FOR: KS, POL.#:ACPWCA7264751957, EFF.:01/01/2016 • WORKERS COMPENSATION EXPERIENCE RATING /Vttl' Risk Name: ANDALE READY MIX CENTRAL INC Risk ID: 913848896 Rating Effective Date: 10/01/2020 Production Date: 05/15/2020 State: INTERSTATE State Wt Exp Excess Expected Exp Prim Act Exc Losses Ballast Act Inc Losses Act Prim Losses Losses Losses Losses Ico I .19 441 75 31 r 0 62,0751 01 OI IKS I .26 253,2701 380,271 127,0011 0 63,0001 8,0951 8,0951 INM I .23 2301 319 891 0 69,0001 01 01 10K I .22 6531 941 2881 0 67,1001 01 O I Isc I .20 9401 1,231 2911 0 72,7501 01 OI 'Tx .25 10,0701 15,955 5,8851 0 64,675 5,071 5,071 (A) (B) (C)Exp Excess (D)Expected (E)Exp Prim (F)Act Exc (G)Ballast (H)Act Inc (I)Act Prim Wt Losses(D-E) Losses Losses Losses(H-I) Losses Losses 1.261 I 265,2071 398,7921 133,5851 01 63,1111 11,4421 11,4421 Primary Losses Stabilizing Value Ratable Excess Totals (I) C*(1 -A)+G (A)*(F) (J) Actual 11,442 259,364 0 270,806 (E) C*(1 -A)+G (A)*(C) (K) Expected 133,585 259,364 68,954 461,903 ARAP FLARAP SARAP MAARAP Exp Mod (J)/(K) Factors 1.00 .59 RATING REFLECTS A DECREASE OF 70%MEDICAL ONLY PRIMARY AND EXCESS LOSS DOLLARS WHERE ERA IS APPLIED. THE ARAP FACTOR SHOWN IS FOR THOSE STATES CONTAINED ON THIS RATING THAT HAVE APPROVED THE ARAP PROGRAM AND IS CALCULATED BASED ON THE STATE WITH THE HIGHEST APPROVED MAXIMUM ARAP SURCHARGE.THE MAXIMUM ARAP SURCHARGE MAY VARY BY STATE. PLEASE REFER TO EACH STATE'S APPROVED RULES FOR THE APPLICABLE MAXIMUM ARAP SURCHARGE. ©Copyright 1993-2021,All rights reserved.This product is comprised of compilations and information which are the proprietary and exclusive property of the National Council on Compensation Insurance, Inc.(NCCI).No further use,dissemination,sale,transfer,assignment or disposition of this product,in whole or in part,may be made without the prior written consent of NCCI.This product is furnished"As is" "As available""With all defects"and includes information available at the time of publication only.NCCI makes no representations or warranties of any kind relating to the product and hereby expressly disclaims any and all express,statutory,or implied warranties,including the implied warranty of merchantability,fitness for a particular purpose,accuracy,completeness,currentness,or correctness of the product or information contained therein.This product and the information contained therein are to be used exclusively for underwriting,premium calculation and other Insurance purposes and may not be used for any other purpose including but not limited to safety scoring for project bidding purposes.All responsibility for the use of and for any and all results derived or obtained through the use of the product and information are the end user's and NCCI shall not have any liability thereto. Page 1 of 6 WORKERS COMPENSATION EXPERIENCE RATING II/CC/ Risk Name: ANDALE READY MIX CENTRAL INC Risk ID: 913848896 Rating Effective Date: 10/01/2021 Production Date: 06/02/2021 State: INTERSTATE State Wt Exp Excess Expected Exp Prim ,Act Exc Losses Ballast Act Inc Losses Act Prim Losses Losses Losses Losses AZ .32 5841 871 2871 0 65,450 0 0 co .22 1,7291 2,600 8711 0 69,750 0 0 KS .29 305,8071 452,441 146,6341 1,185 69,750 31,005 29,820 MO .22 5311 690 1591 0 85,800 0 0 NM .25 7051 924 2191 0 77,025 0 0 OK .25 2,4341 3,421 9871 0 77,675 0 0 SC .22 7721 1,023 2511 0 79,200 0 0 TX .28 6,9801 10,652 3,6721 0 73,500 1,405 1,405 (A) (B) (C)Exp Excess (D)Expected (E)Exp Prim (F)Act Exc (G)Ballast (H)Act Inc (I)Act Prim Wt Losses(D-E) Losses Losses Losses(H-I) Losses Losses 1.291 319,5421 472,6221 153,0801 3561 69,9421 13,2251 12,8691 Primary Losses Stabilizing Value Ratable Excess Totals (I) C*(1 -A)+G (A)*(F) (J) Actual 12,869 296,817 103 309,789 (E) C*(1 -A)+G (A)*(C) (K) Expected 153,080 296,817 92,667 542,564 ARAP FLARAP SARAP MAARAP Exp Mod (J)/(K) Factors 1.00 .57 REVISED RATING RATING REFLECTS A DECREASE OF 70%MEDICAL ONLY PRIMARY AND EXCESS LOSS DOLLARS WHERE ERA IS APPLIED. THE ARAP FACTOR SHOWN IS FOR THOSE STATES CONTAINED ON THIS RATING THAT HAVE APPROVED THE ARAP PROGRAM AND IS CALCULATED BASED ON THE STATE WITH THE HIGHEST APPROVED MAXIMUM ARAP SURCHARGE.THE MAXIMUM ARAP SURCHARGE MAY VARY BY STATE. PLEASE REFER TO EACH STATE'S APPROVED RULES FOR THE APPLICABLE MAXIMUM ARAP SURCHARGE. THIS RATING WAS REVISED TO ADD THE EXPERIENCE FOR MARKS MEATS, DUE TO AN OWNERSHIP TRANSACTION DETAILED IN OUR LETTER DATED 06/02/2021. ©Copyright 1993-2021,All rights reserved.This product is comprised of compilations and information which are the proprietary and exclusive property of the National Council on Compensation Insurance, Inc.(NCCI).No further use,dissemination,sale,transfer,assignment or disposition of this product,in whole or in part,may be made without the prior written consent of NCCI.This product is furnished"As is" "As available""With all defects"and includes information available at the time of publication only.NCCI makes no representations or warranties of any kind relating to the product and hereby expressly disclaims any and all express,statutory,or implied warranties,including the implied warranty of merchantability,fitness for a particular purpose,accuracy,completeness,currentness,or correctness of the product or information contained therein.This product and the information contained therein are to be used exclusively for underwriting,premium calculation and other Insurance purposes and may not be used for any other purpose including but not limited to safety scoring for project bidding purposes.All responsibility for the use of and for any and all results derived or obtained through the use of the product and information are the end user's and NCCI shall not have any liability thereto. Page 1 of 7 00500 AGREEMENT City of Round Rock,Texas Contract Forms Standard Form of Agreement: Section 00500 City of Round Rock, Texas Standard Form of Agreement between Owner and Contractor ty15, AGREEMENT made as of the N lfit'`t day of s in theyear 2 21 ( t/�, 0 BETWEEN the Owner: City of Round Rock,Texas(hereafter"Owner"or"City") 221 East Main Street Round Rock,Texas 78664 and the Contractor Andale Construction,Inc. ("Contractor") 3170 N.Ohio St. Wichita,KS 67219 The Project is described as: 2021 SMP HIGH DENSITY MINERAL BOND The Engineer is: MATT BUSHAK,P.E. CITY OF ROUND ROCK 512.341.3318 mbushak@roundrocktexas.gov 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 .-2o21—ID 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 Not Applicable (NA )calendar days from issuance by Owner of Notice to Proceed, and Contractor shall achieve Substantial Completion of the entire Work no later than Sixty ( 60 )calendar days from issuance by Owner of Notice to Proceed,subject to adjustments of this Contract Time as provided in the Contract Documents. 3.5 If Contractor fails to achieve Substantial Completion of the Work(or any portion thereof)on or before the date(s)specified for Substantial Completion in the Agreement,Contractor shall pay to Owner,as liquidated damages, the sum of Six Hundred and No/100 Dollars($600 ) 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 Seventy-Five ( 75 )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 Six hundred eighty-nine thousand eight hundred twenty-eight dollars and zero cents ($689,828.00 ),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(10th)day of the next month.If an Application for Payment is received by Engineer and Owner after the application date fixed above,payment shall be made by Owner not later than one month after the Engineer issues a Certificate for Payment.The Owner shall not have any obligation to pay any amount covered by the Engineer's Certificate for Payment that is disputed by the Owner. 5.1.4 Each Application for Payment shall be based on the most recent schedule of values submitted by Contractor in accordance with the Contract Documents.The schedule of values shall allocate the entire Contract Sum among the various portions of the Work. The schedule of values shall be prepared in such form and supported by such data to substantiate its accuracy as Engineer and Owner may require.This schedule,unless objected to by Engineer or Owner, shall be used as a basis for reviewing Contractor's Applications for Payment. 5.1.5 Applications for Payment shall warrant the percentage of completion of each portion of the Work as of the end of the period covered by the Application for Payment. 5.1.6 Subject to other provisions of the Contract Documents, the amount of each progress payment shall be computed as provided in Article 14 of the General Conditions. 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 MAY2021 T upple Special,and other Conditions of the Contract are those contained in the Project Manual dated 7.1.4 The Specifications are those contained in the Project Manual dated MAY 2021 7.1.5 The Drawings,if any,are those contained in the Project Manual dated MAY 2021 7.1.6 The Insurance&Construction Bond Forms of the Contract are those contained in the Project Manual dated MAY 2021 7.1.7 The Notice to Bidders,Instructions to Bidders,Bid Form,and Addenda,if any,are those contained in the Project Manual dated MAY 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: NONE 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: Jose(JC)Montelongo II.Project Manager City of Round Rock 512.218.7026 jmontelongo( roundrocktexas.gov 8.3 Contractor's representative is: Travis Dickson Project Manager 228.257.6489 travisAandaleconstruction.com 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 'lI UND ROCK,TEXAS Andale Construction,Inc. /2/ 41 `ice MP Peter J.Molitor Printed Name: �/ / r Printed ame: Title I\A (ALTitle: President Date Signed: •� ' Date Signed: July 14,2021 ATTEST: City Clerk FOR IT ,APPROVED lAS TO FORM: i`g' l /\3 LN ::=4"-(-42) City Att•!i, ey 00500 4-2020 Page 5 of 5 Standard Form of Agreement 00443647 4641 issw VI Lomat( UNCOMMONLY INDEPENDENT July 15, 2021 City of Round Rock 221 East Main Street Round Rock, TX 78664 Re: Andale Construction, Inc. Bond # 5951178 Bond Amount: $689,828.00 2021 SMP High Density Mineral Bond To Whom It May Concern: This letter will serve as your authority to date the Bonds and the Powers of Attorney on the above captioned project. Very truly yours, Old Republic Surety Company By: Mary T. Flanigan Attorney-in-Fact LOCKTON COMPANIES 816.960.9000 444 West 47th Street,Suite 900,Kansas City, MO 64112-1906 Iockton.com 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"eliuzible 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. Bond No.5951178 PERFORMANCE BOND THE STATE OF TEXAS KNOW ALL BY THESE PRESENTS: COUNTY OF WILLIAMSON That Andale Construction,Inc. , of the City of Wichita County of Sedgwick , and State of Kansas , as Principal, and Old Republic Surety 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 Six hundred eighty-nine thousand,eight hundred twenty-eight Dollars ($689,828.00 ) for the payment whereof, well and truly to be made the said Principal and Surety bind themselves, and their heirs, administrators, executors, successors and assigns,jointly and severally,by these presents: WHEREAS, the Principal has entered into a certain written Agreement with the Owner dated the 41.. day of ,20A 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: 2021 SMP HIGH DENSITY MINERAL BOND 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 Full sum of this Performance Bond, plus all costs and expenses, including attorney's fees and expert and consultant fees incurred by Owner to enforce its rights under this Performance Bond. IN WITNESS W 1 REOF, the said Principal and Surety have signed and sealed this instrument this _ _"�, day of �,� , 202t . Andale Construction, Inc. Old Republic Surety Company Principal • Surety +ev Li . Molt 4-1),C Mary T. Flanigan _- - Printed NF Tie Printed Name By: _ By: 7 gill -- Title: r sides t Title: Attorne , n-Fact Address: 3170 N. Ohio Street Address: P.O. Box 1635 Wichita, KS 67219 Milwaukee,WI 53201-1635(262)797-2640 Resident Agent of Surety: r^ (lell-a,-\ 4,144-ry / ignature Florence McClellan Printed Name 3657 Briarpark Dr., Suite 700 Street Address Houston,TX 77042 City, State & Zip Code Page 2 00610 4-2020 Performance Bond 00443639 Bond No.5951178 PAYMENT BOND THE STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS: COUNTY OF WILLIAMSON That Andale Construction, Inc. , of the City of Wichita County of Sedgwick , and State of Kansas , as Principal, and Old Republic Surety 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 Six hundred eighty-nine \filousalid eight hundred twenty-eight Dollars ($689,828.00 ) 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 "tjt day of '1t4J1 , 20 21. to which Agreement is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein consisting of: 2021 SMP High Density Mineral Bond NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall well and truly pay all subcontractors, workers, laborers, mechanics, and suppliers, all monies to them owing by said Principals for subcontracts,work,labor,equipment,supplies and materials done and furnished for the construction of the improvements of said Agreement, then this obligation shall be and become null and void; otherwise to remain in full force and effect. PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Chapter 2253, Texas Government Code, as amended, and all liabilities on this bond shall be determined in accordance with the provisions of said Chapter 2253 to the same extent as if it were copied at length herein. Page 1 00620 04-2020 Payment Bond 00437699 PAYMENT BOND (continued) Surety, for value received, stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Agreement, or to the Work performed thereunder, or the plans, specifications or drawings accompanying the same shall in anywise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time,alteration or addition to the terms of the contract, or to the work to be performed thereunder. IN WITNESS WHEREOF, the said Princinal and Surety have signed and sealed this Instrument this , dayof Jlll� , 20i . � l Andale Construction, Inc. Old Republic Surety Company PrinciRal Surety Pd-er J. r)lo l 1+or Mary T. Flanigan Printed Name Printed Name By: By: -' Title:Tale: PrLsdeJvF Attorne in-Fact Address: 3170 N.Ohio Street Address: P. . Box 1635 Wichita, KS 67219 Milwaukee,WI 53201-1635(262)797-2640 Resident Agent of Surety: IX/P'(// Signature Florence McClellan Printed Name 3657 Briarpark Dr., Suite 700 Street Address Houston,TX 77042 City, State&Zip Code Page 2 00620 1-2020 Payment Bond 00090656 '. R^` �� _'�``````" _,. ''`'`�_.� _'~._..-`_ '- C`-'-,.-.~``'. . "..', POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS:That OLD REPUBLIC SURETY COMPANY,^Wisconsin.`insurance`°-^-.does-" ``~,and ~"`` CHRISTY M,BRAILE,DEBRA J.SCARBOROUGH,JEFFRE C.-.,`..'`GA. `-',.,'.'.»,.'``=`'.`'.^ CHARLES R,TETE III,REBECCA S,,LEAL,TAHITIA M.FRY,C.STEPHENS GRIGGS,KELLIE A,MEYER,VERONICA.LAWVER,LAUREN SCO. of KANSAS CITY,MO its true and lawful Attorney(s)-in-Fact, with full power and authority for and . behalf of the ,.,`/ ,'`' to_'_ .' deliver~, `'the._ of the~,,.thereto (if. `'. is `,.,.' bonds, ....,*, `�. .,., ,__,.,, .::.,` in the ,~,thereof, (other>` ;^^`' '-'�'��'»� *o�/� `�, ,'r� `^r�: �`,''n` .'~'-s ^''llm^^`ap`'z n`' JV guarant '^, .*;�-,. -'`' ``/'-,� ^'' �' .�-g payment ' ''/` ''^'`.'/,�`s^`'' ALL WRI EN INSTRUMENTS and~bind OLD REPUBLIC SURETY COMPANY thereby,and all.the acts,said^^°``,'Fact, pursuant,these presents,are ratified and.^.ed. This..'.'`~~`^'"`''`-.''`.'~^`'~`'`--'','./`'`'`~`,~a~``'`.' This Power,Attorney is..-.r and ~`', by facsimile~,`.and by the^.`~.of the-following `^.".'"o' by the board of directors of the O." REPUBLIC SURETY COMPANY on February 18,1982. RESOLVED that, the president, any,"`,."or-,.'`^^ president, in °`,^^ with the `.`..any^`~`secretary, may ,.'~ '-'`.-'or`''with```^`as defined or limited in the instrument evidencing the'r'```in each''`,for and on behalf of the`^r~to execute and deliver and affix the seal^the company,bonds,..``°^.~...'~`and suretyship obligations.all kinds*and said officers may remove any such^~`r'''"'agent and revoke any Power~Attorney RESOLVED FURTHER,that any bond,undertaking,recognizance,or suretyship obligation shall be valid and binding upon the Company'. (i) when~``'by the president,any`.'president.`.'`ta.,'`president,and'^`^-a.''`'`('I*f a`~.be'".,..by any'`.```or```,^ secretary;or (il') when signed,,the president,any vice president,.assistant vice president,secretary,.assistant secretary,and countersigned and sealed.``seal` required).,.duly authorized attorney-in-fact,agent*, (iii) when duly,'....-.. (if^,, be`....' by one.more,^,_...,,..,,.pursuant to and'~^the limits of the'*`^ evidenced.the Power,Attorney issued-.the company~such person^'persons. RESOLVED FURTHER that the....of any authorized officer and the.`.of the,-'.'./be,`/ by facsimile to',Powerof Attorney or ,'_.`^.'^```."`''.~-and delivery^`,-~"`^~^^;,-.-"^ce,or other suretyship obligations'the company;and such signature and seal when.used shall have the same force and effect xs though manually affixed. IN WITNESS WHEREOF, OLD REPUBLIC SURETY COMPANY has caused these presents to be signed by its proper officer,and its corporate seal to be affixed this 2nd day of November . 2020 S U ove OLD REPUBLIC SURETY COMPANY XS1 0 SEAL `'.. _�. . . ` -^'� '-. . ' '^~..~~'.- . NN President STATE OF WISCONSIN,COUNTY OF WAUKESHA SS On this 2nd dav of November ' 2020 personally came before me, Alan PavJic .. Karen J Haffner to me known to be the individuals and officers of the OLD REPUBLIC SURETY COMPANY who executed the`^~instrument,and they each`--',"the'``~"of the`'',and being by°duly`'~'did'^'`.depose and'.'that they are the said officers of the corporation aforesaid,and that the seal affixed to the above instrument is the seal of the corporation,and that said corporate seal`'',^''`' 0 11 and their.ig.-.,.such.....duly affixed and^,^.,c to the said instrument by the/^^`,of the board of directors of said~^`^^ _P Notary Public . My Commission Expires September 28, 2022 CERTIFICATE (Expiraflon of notary's commission does not*Invafidate thl's instrument) 'the undersigned,assistant secretary"the OLD REPUBLIC SURETY COMPANY,^Wisconsin corporation, CERTIFY that the foregoing and attached Power of Attorney ,.... in full force and has not been `'.,` and furthermore, that the Resolutions of the board of directors ,forth in the Power of Attorney,are now in force. ' ORPORA 'z'`"`^'�"^'.'�'-" '-- day~``'-`'' `'`` ' leg% .`S`''.`^. '�}''.~...'` ..-.' IMPORTANT NOTICE AVISO IMPORTANTE To obtain information or make a complaint Para obtener informacion o para someter una queja: You may call Old Republic Surety Company's.and/or Old Republic Insurance Usted puede llama('at numero de telefono gratis de Company's toll-free telOphotle.:nurriberfor Old Republic SO)*Company's!Old Republic information or to make a complaint at: Insurance Companys para information o para someter una queja at: 1 (.800).527-9834 14800).527-9834 You may also write to.Old Republic Surety Company and/or Old Republic Insurance Usted tambien puede escribir a Old Republic.Surety Company Company I Old Republic Insurance Company: PO Box 569480 PO Box 569480 Dallas, TX 75356-9480 Dallas, TX 75356-9480 You may contact the Texas.Department of. Puede cootunicarse,con el Deipartamento de Insurance to obtain information on Seguros de Texas pare 6biener infOmacion.acere6 companies, coverages, rights or complaints de Companies coberturas, derechos o quejas al: at: 1- 800)2524439 1-(800) 252-3439 Puede.escribir.al Departamento-d6 Seguros de You may write the Texas Department of Texas: Insurance: P.O. 'Box 149104 P.O. Box 149104 Apstin, TX 78714-9104 Austin, TX 78714-9104 Fax (512) 475-1771 Fax: (512)475-1771 Web: http://www.tdi.state.tx.us Web: htt ;1/wAmAh:.sMte,tx,us E-Mail: consurnerProt &)rv'._ ,Idi.statedtcus E-Mail: ConsumetPmtecWi.staW,Ax„ut. DISPVTAS SOBRE PRIMAS 0 RECLAMOS; PREMIUM OR CLAIM DISPUTES.: Si time una disputa concemiente a su prima.o a..un Should you have a dispute concerning your reclamo,debe comunicarse con el agente o Old premium or about a claim you should Republic Surety Company I Old Republic Insurance contact the agent or Old Republic Surety Company primer°. Si no se resuelve la disputa, Company and/or Old Republic insurance puede entonces comunicarse con el departamento Company first. If the dispute is not resolved, (TOD. you may contact the Texas Department of Insurance. UNA ESTE AVISO A SU POLIZA: Este aviso es solo,pare proposito de informacion y no se ATTACH THIS NOTICE TO YOUR convierte en parte o condicion del document() POLICY: This notice is for information only adjunto. and does not become a.part or condition of the attached document. Ago® CERTIFICATE OF LIABILITY INSURANCE � °ATE`M�°°"�""' L.,------ 10/1/2021 9/30/2020 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 Lockton Companies CONTACT 444 W.47th Street,Suite 900 PHONE Fax Kansas City MO 64112-1906 (A/C, Ext): lac,No): (816)960-9000 ADDRESS: INSURERSS)AFFORDING COVERAGE i NAIC# INSURER A:Zurich American Insurance Company 16535 INSURED ANDALE READY MIX CENTRAL,INC. INSURER B:Navigators Insurance Company 42307 1443526 ANDALE CONSTRUCTION,INC. INSURER C:Travelers Property Casualty Co of America 25674 3170 N.OHIO INSURER D WICHITA KS 67219 INSURER E INSURER F: COVERAGES * CERTIFICATE NUMBER: 16246137 REVISION NUMBER: XXXXXXX 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 ADDL SUBR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE JNSDWVD POLICY NUMBER JMM/DD/VYYY),(MM/DD/YYYY) LIMITS A X COMMERCIAL GENERAL LIABILITY y y GL00183143-04 10/1/2020 10/1/2021 EACH OCCURRENCE $ 1,000,000 CLAIMS-MADE X OCCUR DAMAGE TO RENTED PREMISES(Ea occurrence) $ 100,000 MED EXP(Any one person) $ 10,000 PERSONAL&ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 X POLICY X /j7T X LOC PRODUCTS-COMP/OP AGG $ 2,000,000 OTHER: $ A AUTOMOBILE LIABILITY y y BAP0183144-04 10/1/2020 10/1/2021 COMBINED SINGLE LIMIT �$ 1,000,000 x ANY AUTO BODILY I�INJURY(Per person) $ XXXXXXX AUTOS ONLY _ AUTOSOWNED ULED BODILY INJURY(Per accident) $ XXXXXXX HIRED NON-OWNED PROPERTY DAMAGE X AUTOS ONLY X_ AUTOS ONLY (Per accident) $ XXXXXXX $ XXXXXXX B X UMBRELLA LIAB X OCCUR Y Y CH2OEXCZ068G9N 10/1/2020 10/1/2021 EACH OCCURRENCE $ 5000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE $ 5,000,000 _______. DED - RETENTION$ PROD/COMP OPS $ 5000000 . , . .A WORKERS COMPENSATION y X STATUTE ERH AND EMPLOYERS'LIABILITY y/N WC0183142-04 10/1/2020 10/1/2021 ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? N N/A • (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 1000,000 C INST,ALLATION FLOATER N N QT-630-2L726757-TIL-20 10/1/2020 10/1/2021 LIMIT:$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 GENERAL,AUTO AND UMBRELLA LIABILITY COVERAGE,ON A PRIMARY,NON-CONTRIBUTORY BASIS, AS REQUIRED BY WRITTEN CONTRACT. WAIVER OF SUBROGATION IN FAVOR OF THE ADDITIONAL INSURED APPLIES ON WORKERS COMPENSATION, GENERAL,AUTO AND UMBRELLA LIABILITY COVERAGE,AS REQUIRED BY WRITTEN CONTRACT AND WHERE ALLOWED BY LAW. COVERAGE IS SUBJECT TO THE TERMS AND CONDITIONS OF THE POLICY.FOR CANCELLATION FOR ANY REASON OTHER THAN NONPAYMENT OF PREMIUM,THE INSURER(S)WILL SEND 30 DAYS NOTICE OF CANCELLATION TO THE CERTIFICATE HOLDER. CERTIFICATE HOLDER CANCELLATION 16246137 CITY OF ROUND ROCK SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 221 E MAIN STREET THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ROUND ROCK TX 78664 ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIV I // ,e,_ii, ' fri 4- , , imitir, . ' '' o 198: O15 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 COMPLETION 35 15. SUSPENSION OF WORK AND TERMINATION 39 16. DISPUTE RESOLUTION 41 17 RIGHT TO AUDIT 42 18. MISCELLANEOUS 43 00700 042O2O Page 1 General Conditions 00443641 GENERAL CONDITIONS ARTICLE 1 - B E FI N ITIONS Whenever us d 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 bel.w or as defined in these General Conditions or other Contract Documents: 1.1 Adde da - Written or graphic instruments issued prior to the receipt of Proposals or the opening of Bids that clarify, c.rrect or change the proposal or bidding requirements or the Contract Documents. 1.2 Aqre;ment-Prescribed form, referenced as Section 00500. 1.3 Alter ative Dispute Resolution-The process by which a disputed Claim may be settled if the OWNER and the CONTRAS TOR cannot reach an agreement between themselves, as an alternative to litigation. 1 1.4 Bid - roposal of bidder on prescribed forms setting forth prices for performing the Work described in the Contract Doc I ments. 1.5 Bid Dpcuments-The advertisement or invitation for bids, instructions to bidders,the bid form,the Contract Documents aid Addenda. 1.6 Calendar Day-Any day of the week; no days being excepted. Work on Saturdays, Sundays, and/or Legal Holidays shah only be conducted with prior express written consent of the OWNER. 1 1.7 Chancre 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 doe$ 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 CONTRACTR 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 Contact 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 1.14 CON1RACTOR - The individual, firm, corporation, or other business entity with whom the OWNER has entered into the Contract. 00700 014-2020 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 Owne 's Representative-The designated representative of the OWNER. 1.28 Partia 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 Proje t-The total construction of which the Work to be provided under the Contract Documents may be the whole, or part, as indicated elsewhere in the Contract Documents. 1.30 Proje t Manual - That portion of the Contract Documents which may include the following: introductory information; b dding requirements, Contract forms and General and Supplemental General Conditions; General Requirements; Specifications; Drawings; Project Safety Manual; and Addenda. 1.31 Prop sal-Proposal of Offeror, on prescribed forms setting forth prices for performing the Work described in the Contra Documents. 1.32 Prop sal Documents-The advertisement or invitation for Proposals, Instruction to Offerors, the Proposal form, the Con ract Documents and Addenda. 1.33 Resid nt Project Representative-The authorized representative of E/A who may be assigned to the site or any part th reof. 1.34 Shop Drawings -All drawings, diagrams, illustrations, schedules and other data or information which are specifically prpared or assembled by or for the CONTRACTOR and submitted by the CONTRACTOR as required by the Contraèt Documents. 1.35 Sped ications -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, eq ipment, construction systems, standards,workmanship, equipment and services in order to render a completed an useful project. 1.36 Subs ntial Completion - The stage in the progress of the Work when the Work, or designated portions thereof, may ill require minor modifications or adjustments but, in the OWNER's opinion,the Work has progressed to the point s ch 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 OJI-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 i ime(s) commence on the date indicated in the Agreement or in the Notice to Proceed. Notice to Proceed will b given at any time within sixty(60)Calendar Days after the Execution Date of the Agreement, unless extended by ritten agreement of the parties. 2.4 Befor Starting Construction: 2.4.1 No Wo rk shall be done at the site prior to the preconstruction conference without the OWNER's approval. Before undert:king each part of the Work, the CONTRACTOR shall carefully study and compare the Contract Documents a d check and verify pertinent figures shown thereon and all applicable field measurements. The CONTRALTO• shall promptly report in writing to Owner's Representative any conflict, error, ambiguity or discrepancy hich the CONTRACTOR may discover and shall obtain a written interpretation or clarification from Owner's Reprsentative 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 CONTRAS TOR 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 prec.nstruction conference: .1 a preliminary progress schedule indicating the times (number of days or dates) for starting and co mpleting the various stages of the Work, including any Milestones specified in the Contract D'cuments, identifying when all Subcontractors will be utilized, and taking into consideration any li itations on Working Hours; .2 a '•reliminary schedule of Shop Drawing and sample submittals; .3 a •reliminary 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 a, ount of overhead and profit applicable to each item of Work. The preliminary schedule of values s bmitted by the CONTRACTOR should include a reasonable estimation of value of each item included a',d 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:pplicable, a trench safety system plan; .8 if:pplicable, a plan illustrating proposed locations of temporary facilities; .9 if pplicable, 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 ork. 2.5 Prec•nstruction Conference: Prior to comma ncement of Work at the site,a preconstruction conference attended by the CONTRACTOR, Owner's Representativ- and others will be held. 00700 0 -2020 Page 6 General Conditions 2.6 Initially Acceptable Schedules: Unless otherwise provided in the Contract Documents, the CONTRACTOR shall obtain approval of Owner's Representative on final versions of the schedules submitted in accordance with paragraph 2.4.2 before the first progress payment will be made to the CONTRACTOR. The progress schedule must provide for an orderly progression of the Work to completion within any specified Milestones and Contract Times. Acceptance of the schedule by Owner's Representative will neither impose on Owner's Representative responsibility for the sequencing, scheduling or progress of the Work nor interfere with or relieve the CONTRACTOR from the CONTRACTOR's full responsibility therefor. The CONTRACTOR'S schedule of Shop Drawings and sample submissions must provide an arrangement agreeable to the parties for reviewing and processing the required submittals. 2.7 Electronic Transmittals: 2.7.1 Except as otherwise stated elsewhere in the Contract Documents, the OWNER, E/A, and CONTRACTOR may transmit,and shall except, Project-related correspondence,texts,data,documents,drawings, information,and graphics, including but not limited to Shop Drawings and other submittals, in electronic media or digital format,either directly, or through access to a secure Project website. 2.7.2 When transmitting items in electronic media or digital format, the transmitting party makes no representations as to long term compatibility, usability, or readability of the items resulting from the recipient's use of software application packages, operating systems,or computer hardware differing from those used in the drafting or transmittal of the items. ARTICLE 3-CONTRACT DOCUMENTS: INTENT,AMENDING, REUSE 3.1 Intent: 3.1.1 The intent of the Contract Documents is to include all information necessary for the proper execution and completion of the Work by the CONTRACTOR. The Contract Documents are complementary, and what is required by one shall be as binding as if required by all. In cases of disagreement, the following order of precedence shall govern (top item receiving priority of interpretation): Change Orders Modifications to the Contract Documents made after the Execution Date Signed Agreement Addenda to the Contract Documents Special Conditions Supplemental General Conditions General Conditions Other Bidding Requirements and Contract Forms Special Provisions to the Standard Technical Specifications Special Specifications Standard Technical Specifications Drawings(figured dimensions shall govern over scaled dimensions) Project Safety manual, if applicable 3.1.2 Unless otherwise stated in the Contract Documents,words which have well-known technical or construction industry meanings are used in the Contract Documents in accordance with such recognized meanings. 3.2 Reporting and Resolving Discrepancies: Prior to commencing the Work, the CONTRACTOR shall review the Contract Documents for the purpose of discovering any conflict, error, ambiguity or discrepancy in the Contract Documents. If, at any time, the CONTRACTOR discovers any conflict, error, ambiguity or discrepancy within the Contract Documents or between the Contract Documents and any provisions of any such law or regulation applicable to the performance of the Work 00700 04-2020 Page 7 General Conditions or of any suc standard, specification, manual or code or instructions of any Supplier, the CONTRACTOR shall immediately r port it to Owner's Representative in writing, and the CONTRACTOR shall not proceed with the Work affected there y until an amendment or supplement to the Contract Documents has been issued by one of the methods indic ted in paragraph 3.3.1 or paragraph 3.3.2. The CONTRACTOR shall be liable to the OWNER for failure to repo any such conflict, error, ambiguity or discrepancy of which the CONTRACTOR knew or reasonably should have k own. 3.3 Ame ding and Supplementing Contract Documents: 1 3.3.1 The Cntract Documents may be amended to provide for additions, deletions and revisions in the Work or to modify the trms 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 Reus of Documents Prohibited: The CONT A CTOR and any Subcontractor or Supplier or other person or organization performing or furnishing any of the Wirk under a direct or indirect contract with the OWNER: (I) shall not have or acquire any title to or ownership rig ts in any of the Drawings, Specifications or other documents (or copies of any thereof) prepared by or bearing the seal of E/A or EtA'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 EIA. ARTICLE 4- °VAILABILITY OF LANDS;SUBSURFACE AND PHYSICAL CONDITIONS;REFERENCE POINTS 4.1 Avail',bility of Lands: The OWNER .hall 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 fog the use of the CONTRACTOR. The OWNER shall identify any encumbrances or restrictions not of general appli•ation but specifically related to use of lands so furnished with which the CONTRACTOR will have to comply in pe •rming the Work. Easements for permanent structures or permanent changes in existing facilities will be obtained a d 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 adjustmen s in the Contract Times.The CONTRACTOR shall provide for all additional lands and access thereto that may be r;quired for temporary construction facilities or storage of materials and equipment. 4.2 Subs riace and Physical Conditions: 4.2.1 The C ONTRACTOR hereby covenants that it has examined the site of the proposed Work and is familiar with all of th conditions surrounding construction of the Project, having conducted all inquiries, tests and investigationsdeemed 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 0 i-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, in icated or identified in the Contract Documents to be within the scope of the Work and which may present a sub tantial 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 efore or during performance of the Work and shall take all necessary precautions to avoid further disturbance o the materials. 4.4.2 The ONTRACTOR 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 as estos-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 ND HOLD HARMLESS OWNER,AND ITS COUNCIL MEMBERS, EMPLOYEES,AGENTS,AND CONSULTAN 5 FROM AND AGAINST ALL CLAIMS, COSTS, LOSSES, AND DAMAGES (INCLUDING BUT NOT LIMITER TO ALL FEES AND CHARGES OF ENGINEERS, ARCHITECTS, ATTORNEYS, AND OTHER PROFESSIOALS 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 T THE SITE BY CONTRACTOR OR BY ANYONE FOR WHOM CONTRACTOR IS RESPONSIBLE, OR TO A HA ARDOUS ENVIRONMENTAL CONDITION CREATED BY CONTRACTOR OR BY ANYONE FOR WHOM CON RACTOR 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 tht are duly licensed by the State of Texas and authorized to issue bonds or insurance policies for the limits and cov rages required by the Contract Documents. The bonds shall be in a form acceptable to the OWNER and shall be ' sued by a surety which complies with the requirements of Chapter 3503, Texas Insurance Code (2005) and w lich 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 s rplus. For bonds exceeding $100,000, the surety must also hold a certificate of authority from the U.S. Secreta , of the Treasury or have obtained reinsurance from a reinsurer that is authorized as a reinsurer in Texas and ho ds a certificate of authority from the U.S. Secretary of the Treasury. 5.2 Works-rs'Compensation Insurance Coverage: 5.2.1 Defini ions: .1 C-rtificate 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 P oject, for the duration of the Project. .2 D ration 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 Prsons providing services on the Project ("subcontractor" herein) - includes all persons or entities prforming all or part of the services the CONTRACTOR has undertaken to perform on the Project, r:gardless of whether that person contracted directly with the CONTRACTOR and regardless of hether that person has employees. This includes, by way of illustration and not of limitation, 00700 0 -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 401.01 1(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 o•tain 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 re ain all required certificates of coverage on file for the duration of the Project and for one (1) year th-reafter; .6 n«tify the OWNER in writing by certified mail or personal delivery within ten (10) days after the person k ew or should have known of any change that materially affects the provision of coverage of any p;rson providing services on the Project; and .7 c.ntractually require each person with whom it contracts,to perform as required by paragraphs 5.2.9.1 - •.2.9.7, with the certificates of coverage to be provided to the person for whom they are providing s=rvices. 5.2.10 By sgning this Contract or providing or causing to be provided a certificate of coverage, the CONTRACT•R is representing to the OWNER that all employees of the CONTRACTOR who will provide services on the Projectwill be covered by workers'compensation coverage for the duration of the Project, that the coverage will be based o�n proper reporting of classification codes and payroll amounts,and that all coverage agreements will be filed with t e appropriate insurance carrier or, in the case of a self-insured, with the commission's Division of Self-lnsuranc 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 ONTRACTOR's failure to comply with any of these provisions is a breach of Contract by the CONTRACTS R which entitles the OWNER to declare the Contract void if the CONTRACTOR does not remedy the breach within en (10) days after receipt of notice of breach from the OWNER. 5.3 Cont actor Insurance Requirements: For specific •ond requirements and additional insurance requirements, refer to the Supplemental General Conditions. 5.3.1.1 Ge eral 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 0 -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 Wo kers'Compensation and Employers' Liability Insurance: Co -rage shall be consistent with statutory benefits outlined in the Texas Workers' Compensation Act (Sep tion 401). CONTRACTOR shall assure compliance with this Statute by submitting two(2) copies of a sr.ndard certificate of coverage (e.g. ACCORD form) to Owner's Representative for every person pro iding services on the Project as acceptable proof of coverage. The required Certificate of Insurance mu I be presented as evidence of coverage for CONTRACTOR. Workers' Compensation Insurance cov-rage written by the Texas Workers Compensation Fund is acceptable to OWNER. CONTRACTOR's polio y 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. Th 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 Polcy shall contain the following provisions: a) Blanket contractual liability coverage for liability assumed under the Contract and all contracts relative to this Project. b) Completed Operations/Products Liability for the duration of the warranty period. c) Explosion, Collapse and Underground (X, C& U)coverage. d) Independent Contractors coverage. e) ' Aggregate limits of insurance per project, endorsement CG 2503. f) OWNER listed as an additional insured, endorsement CG 2010. g) 30 day notice of cancellation in favor of OWNER, endorsement CG 0205. h) Waiver of Transfer of Recovery Against Others in favor of OWNER, endorsement CG 2404. Provide coverages A&B with minimum limits as follows: .1 A combined bodily injury and property damage limit of$500,000 per occurrence. 5.3.1.5 Builders' Risk Insurance. CONTRACTOR shall maintain Builders' Risk Insurance or Installation Insurance on an all risk physical loss form in the Contract Amount. Coverage shall continue until the Work is accepted by OWNER. OWNER shall be a loss payee on the policy. If off site storage is permitted, coverage shall include transit and storage in an amount sufficient to protect property being transported or stored. 5.4 Bonds: 00700 04-2020 Page 14 General Conditions 5.4.1 General. .1 Bonds, when required, shall be executed on forms furnished by or acceptable to OWNER. All bonds signed by an agent must be accompanied by a certified copy of such agent's authority to act. .2 If the surety on any bond furnished by CONTRACTOR is declared bankrupt or becomes insolvent or its right to do business is terminated in the State of Texas or it ceases to meet the requirements of the preceding paragraph, CONTRACTOR shall within ten(10)days thereafter substitute another bond and surety, both of which must be acceptable to OWNER. .3 When Performance Bonds and/or Payment Bonds are required, each shall be issued in an amount of one hundred percent (100%) of the Contract Amount as security for the faithful performance and/or payment of all CONTRACTOR's obligations under the Contract Documents. Performance Bonds and Payment Bonds shall be issued by a solvent surety company authorized to do business in the State of Texas, and shall meet any other requirements established by law or by OWNER pursuant to applicable law. Any surety duly authorized to do business in Texas may write Performance and Payment Bonds on a project without reinsurance to the limit of 10 percent of its capital and surplus. Such a surety must reinsure any obligations over 10 percent. .4 If CONTRACTOR has failed to obtain or maintain a required bond, OWNER may exclude the CONTRACTOR from the site of the Project and exercise OWNER's suspension and/or termination rights under the Contract Documents. 5.4.2 Performance Bond. .1 If the Contract Amount exceeds $100,000, CONTRACTOR shall furnish OWNER with a Performance Bond in the form set out by OWNER. .2 If the Contract Amount exceeds $25,000 but is less than or equal to $100,000, CONTRACTOR shall furnish OWNER with a Performance Bond in the form set out by OWNER, unless the original Contract Time is 60 Calendar Days/40 Working Days or less, in which case CONTRACTOR can agree to the following terms and conditions for payment in lieu of providing a Performance Bond: no money will be paid to CONTRACTOR until completion and acceptance of the Work by OWNER; CONTRACTOR shall be entitled to receive 95%of the Contract Amount following Final Completion, and the remaining 5%of the Contract Amount following the one year warranty period. .3 If the Contract Amount is less than or equal to $25,000, CONTRACTOR will not be required to furnish a Performance Bond; provided that no money will be paid to CONTRACTOR until completion and acceptance of the Work by OWNER under the following terms and conditions: CONTRACTOR shall be entitled to receive 95%of the Contract Amount following Final Completion, and the remaining 5%of the Contract Amount following the one year warranty period. .4 If a Performance Bond is required to be furnished, it shall extend for the one year warranty period. 5.4.3 Payment Bond. .1 If the Contract Amount exceeds $50,000, CONTRACTOR shall furnish OWNER with a Payment Bond in the form set out by OWNER. .2 If the Contract Amount is less than or equal to $50,000, CONTRACTOR will not be required to furnish a Payment Bond; provided that no money will be paid to CONTRACTOR until completion and acceptance of the Work by OWNER under the terms and conditions specified in paragraph 5.4.2.3. 00700 04-2020 Page 15 General Conditions ARTICLE 6-CONTRACTOR'S RESPONSIBILITIES 6.1 Supervision and Superintendence: 6.1.1 The CONTRACTOR shall supervise, inspect and direct the Work competently and efficiently,devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Contract Documents. Unless otherwise directed by the OWNER in the Contract Documents, the CONTRACTOR shall be solely responsible for the means, methods, techniques, sequences and procedures of construction. The CONTRACTOR shall be responsible to see that the completed Work complies accurately with the Contract Documents. 6.1.2 The CONTRACTOR shall have an English-speaking, competent Superintendent on the Work at all times that work is in progress. Upon request of Owner's Representative, the CONTRACTOR shall present the resume of the proposed Superintendent to Owner's Representative showing evidence of experience and successful superintendence and direction of work of a similar scale and complexity. If, in the opinion of Owner's Representative, the proposed Superintendent does not indicate sufficient experience in line with the Work, he/she will not be all wed to be the designated Superintendent for the Work. The Superintendent shall not be replaced without Writt n Notice to Owner's Representative. If the CONTRACTOR deems it necessary to replace the Superintende t, the CONTRACTOR shall provide the necessary information for approval, as stated above, on the proposed ne Superintendent. A qualified substitute Superintendent may be designated in the event that the designated S perintendent is temporarily away from the Work, but not to exceed a time limit acceptable to Owner's Representativ . The CONTRACTOR shall replace the Superintendent upon the OWNER's request in the event the Superintende t is unable to perform to the OWNER's satisfaction. The Superintendent will be the CONTRACTOR's representativ on the Work and shall have the authority to act on behalf of the CONTRACTOR. All communications given to the S perintendent shall be as binding as if given to the CONTRACTOR. Either the CONTRACTOR or the Superintende t shall provide an emergency and home telephone number at which one or the other may be reached if necessary hen work is not in progress. 6.2 Labor, Materials and Equipment: 6.2.1 The dONTRACTOR 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 f alcohol or drugs, on the job. If the OWNER or Owner's Representative notifies the CONTRACTOR that any work r is incompetent, disorderly or disobedient, has knowingly or repeatedly violated safety regulations, has possess d any firearms, or has possessed or was under the influence of alcohol or drugs on the job, the CONTRACT R shall immediately remove such worker from performing Contract Work, and may not employ such worker again n Contract Work without the OWNER's prior written consent. The CONTRACTOR shall at all times maintain goo discipline and order on or off the site in all matters pertaining to the Project. The CONTRACTOR shall pay wor ers no less than the wage rates established in Section 00900, and maintain weekly payroll reports as evidence ther of. 6.2.2 Unles 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 facili ies, temporary facilities and all other facilities and incidentals necessary for the furnishing, performance, e-testing of defective work, start-up and completion of the Work. 6.2.3 All m terials and equipment shall be of good quality and new (including new products made of recycled materials), ex ept as otherwise provided in the Contract Documents. If required by Owner's Representative, the CONTRACT R shall furnish satisfactory evidence (reports of required tests, manufacturer's certificates of compliance ith material requirements, mill reports, etc.) as to the kind, quantity and quality of materials and equipment. II 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 0 -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 P oposed adjustments in the progress schedule that will change the Contract Times or Milestones shall b submitted in accordance with the requirements of Article 12. Such adjustments may only be made b a Change Order or Time Extension Request in accordance with Article 12. 6.4 Conc rning Subcontractors,Suppliers and Others: 6.4.1 Assig ment: The CONTRACTOR agrees to retain direct control of and give direct attention to the fulfillment of this Contraqt. The CONTRACTOR agrees not to,by Power of Attorney or otherwise,assign said Contract without the prior writtn consent of the OWNER. 6.4.2 Awarc 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 o.jection. The CONTRACTOR must provide the OWNER with a list of all Subcontractors, Suppliers, or other perso s 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 OWNE ' requires a change without good cause of any Subcontractor, person or organization previously accepted by sWNER,the Contract Amount may be increased or decreased by the difference in the cost occasioned by any such ange, and an appropriate Change Order shall be issued. The CONTRACTOR shall not substitute any Subcontr.ctor, person or organization that has been accepted by the OWNER, unless the substitute has been accepted in w iting by the OWNER. No acceptance by the OWNER of any Subcontractor, Supplier or other person or organizatio shall constitute a waiver of any right of the OWNER to reject defective Work. 6.4.3 The I ONTRACTOR shall enter into written agreements with all Subcontractors and Suppliers which specifically bi d the Subcontractors or Suppliers to the applicable terms and conditions of the Contract Documents for the benefi of the OWNER and E/A. The OWNER reserves the right to specify that certain requirements shall be adhered t• by all Subcontractors and Sub-subcontractors as indicated in other portions of the Contract Documents a d these requirements shall be made a portion of the agreement between the CONTRACTOR and Subcontracto or Supplier. 6.4.4 The I ONTRACTOR shall be fully responsible to the OWNER for all acts and omissions of the Subcontracto s, 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 CONTRACTsR's own acts and omissions. Nothing in the Contract Documents shall create for the benefit of any such Subcontactor, Supplier or other person or organization any contractual relationship between the OWNER and any such Sub ontractor, Supplier or other person or organization, nor shall it create any obligation on the part of the OWNER •r E/A to pay or to see to the payment of any amounts due any such Subcontractor, Supplier or other person or org nization except as may otherwise be required by laws and regulations. 6.4.5 The ONTRACTOR shall be solely responsible for scheduling and coordinating the Work of Subcontracto s, Suppliers and other persons and organizations performing or furnishing any of the Work under a direct or indir;ct contract with the CONTRACTOR. The CONTRACTOR shall require all Subcontractors, Suppliers and such oth;r persons and organizations performing or furnishing any of the Work to communicate with Owner's Representati - 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 ONTRACTOR shall pay each Subcontractor and Supplier their appropriate share of payments made to the CONTFACTOR 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 Qf 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 d NER is an exempt organization as defined by Chapter 11 of the Property Tax Code of Texas and is thereby exe pt from payment of Sales Tax under Chapter 151, Limited Use Sales, Excise and Use Tax, Texas Tax Code, an• Chapter 321, Texas Tax Code. 6.9 Use o Premises: 6.9.1 The C O NTRACTOR shall confine construction equipment,the storage of materials and equipment and the operations of ' orkers to the site and land and areas identified in and permitted by the Contract Documents and other land an. 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 ther-of or of any adjacent land or areas, resulting from the performance of the Work. Should any claim be made by •ny such owner or occupant because of the performance of the Work, the CONTRACTOR shall promptly settle with such other party by negotiation or otherwise resolve the claim by dispute resolution proceeding or at law. The,CONTRACTOR shall indemnify, defend and hold harmless the OWNER, E/A, E/A's consultants and anyone direct y or indirectly employed by any of them from and against all claims, costs, losses and damages (including cou costs and reasonable attorneys' fees) arising out of or resulting from any claim or action, legal or equitable, br.ught by any such owner or occupant against the OWNER, E/A or any other party indemnified hereunder to t e extent caused by or based upon performance of the Work or failure to perform the Work. 6.9.2 Durino the progress of the Work and on a daily basis, the CONTRACTOR shall keep the premises free from accumul;tions of waste materials, rubbish and other debris resulting from the Work. At the completion of the Work, the COI TRACTOR shall remove all waste materials, rubbish and debris from and about the premises as well as all toil s, appliances, construction equipment and machinery and surplus materials. The CONTRACTOR shall leave th site clean and ready for occupancy by the OWNER at Substantial Completion of the Work. The CONTRACTsR shall, at a minimum, restore to original condition all property not designated for alteration by the Contact Docu ents. 6.9.3 The ONTRACTOR shall not load nor permit any part of any structure to be loaded in any manner that will endanger the tructure, nor shall the CONTRACTOR subject any part of the Work or adjacent property to stresses or pressures t at will endanger it. 6.10 Record Documents: The CONT A CTOR shall maintain in a safe place at the site, or other location acceptable to the OWNER, one(1) record copy o all Drawings, Specifications,Addenda,Change Orders, Change Directives, Field Orders and written interpretation- and clarifications (issued pursuant to paragraph 9.5) in good order and annotated to show all changes mad- 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 o the Work, these record documents, samples and Shop Drawings showing the final "as built' construction 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 - site security and safety plan for approval by the OWNER. By reviewing the plan or making recommendat ons or comments, the OWNER will not assume liability nor will the CONTRACTOR be relieved of liability for da age, injury or loss. The CONTRACTOR shall take all necessary precautions for the safety of and shall provide II e 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 si e; and 00700 O I-2020 Page 20 General Conditions .3 other property at the site or adjacent thereto, including but not limited to, trees, shrubs, lawns, walks, pavements, roadways, structures, utilities and underground facilities not designated for removal, relocation or replacement in the course of construction. 6.11.2 The CONTRACTOR shall comply with all applicable laws and regulations of any public body having jurisdiction for safety of persons or property or to protect them from damage, injury or loss; and shall erect and maintain all necessary safeguards for such safety and protection. The CONTRACTOR shall notify owners of adjacent property and of underground facilities, and utility owners when prosecution of the Work may affect them, and shall cooperate with them in the protection, removal, relocation and replacement of their property. All damage, injury or loss to any property referred to in paragraph 6.11.1.2 and paragraph 6.11.1.3 caused, directly or indirectly, in whole or in part, by the CONTRACTOR, Subcontractor, Supplier or any person or organization directly or indirectly employed by any of them to perform or furnish any of the Work or anyone for whose acts any of them may be responsible, shall be remedied by the CONTRACTOR (except damage or loss attributable to the fault of Drawings or Specifications or to the acts or omissions of the OWNER, or E/A, or E/A's consultant or anyone employed by any of them or anyone for whose acts any of them may be responsible, and not attributable, directly or indirectly, in whole or in part,to the faults or negligence of the CONTRACTOR or any Subcontractor, Supplier or other person or organization directly or indirectly employed by any of them). The CONTRACTOR's duties and responsibilities for safety and protection of the Work shall continue until such time as all the Work is completed and Owner's Representative has issued a notice to the OWNER and the CONTRACTOR in accordance with Article 14 that the Work is acceptable(except as otherwise expressly provided in connection with Substantial Completion). 6.11.3 Safety Representative: The CONTRACTOR shall designate a qualified and experienced safety representative at the site whose duties and responsibilities shall be the prevention of accidents and the maintaining and supervising of safety precautions and programs. Upon request of the OWNER, the CONTRACTOR shall provide certifications or other documentation of the safety representative's qualifications. At a minimum,the safety representative shall have received the OSHA thirty (30) hour training and a certificate evidencing that the safety representative has received such training within the last five (5) years shall be provided to the OWNER's representative. 6.11.4 Hazard Communication Programs: The CONTRACTOR shall be responsible for coordinating any exchange of material safety data sheets or other hazard communication information required to be made available to or exchanged between or among employers at the site in accordance with laws and regulations. 6.11.5 Emergencies: 6.11.5.1 In emergencies affecting the safety or protection of persons or the Work at the site or adjacent thereto, the CONTRACTOR, without special instruction or authorization from the OWNER or E/A, is obligated to act reasonably to prevent threatened damage, injury or loss and to mitigate damage or loss to the Work. The CONTRACTOR shall give Owner's Representative prompt written notice if the CONTRACTOR believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby. If Owner's Representative determines that a change in the Contract Documents is required because of the action taken by the CONTRACTOR in response to such an emergency,a Change Directive or Change Order will be issued to document the consequences of such action; otherwise the OWNER will not be responsible for the CONTRACTOR's emergency action. 6.11.5.2 Authorized agents of the CONTRACTOR shall respond immediately to call-out at any time of any day or night when circumstances warrant the presence on Project site of the CONTRACTOR or its agent to protect the Work or adjacent property from damage, restriction or limitation or to take such action or measures pertaining to the Work as may be necessary to provide for the safety of the public. Should the CONTRACTOR and/or its agent fail to respond and take action to alleviate such an emergency situation, the OWNER may direct other forces to take action as necessary to remedy the emergency condition,and the OWNER will deduct any cost of such remedial action from the funds due to the CONTRACTOR under this Contract. 6.11.5.3 In the event there is an accident involving injury to any individual on or near the Work, the CONTRACTOR shall notify Owner's Representative within twenty-four (24) hours of the event and shall be responsible for recording the location of the event and the circumstances surrounding the event through 00700 04-2020 Page 21 General Conditions photographs, interviewing witnesses, obtaining medical reports and other documentation that describes the event. Copies of sucIi 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 CONTRPCTOR shall carry on the Work and adhere to the progress schedule during all disputes or disagreemen with the OWNER. No Work shall be delayed or postponed pending resolution of any disputes or disagreement , except as the OWNER and the CONTRACTOR may agree in writing. 6.13 CON1RACTOR'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 dONTRACTOR's obligation to perform and complete the Work in a good and workmanlike manner in accordance ith the Contract Documents shall be absolute. None of the following will constitute acceptance of Work not in a cordance with the Contract Documents or a release of the CONTRACTOR's obligation to perform the Work in a cordance with the Contract Documents: .1 o servations by Owner's Representative and/or E/A; .2 r commendation 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 C NTRACTOR under the Contract Documents; .4 u e 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 artiy review of a Shop Drawing or sample submittal; .7 ashy inspection, test or approval by others; or .8 any correction of defective Work by the OWNER. .9 t e failure of the OWNER, E/A or any other person or entity acting on behalf of the OWNER or E/A to o serve, detect or discover any defect in the Work or any non-conformance of the Work with any r quirement of the Contract Documents. CON RACTOR hereby waives any claim or defense to any claim by the OWNER that any failure by the OWN R, E/A, or any other person or entity acting on behalf of the OWNER or E/A to observe, detect or disco er any defect in the Work relieves or releases, in whole or in part, CONTRACTOR from any obligtions or responsibility for the correction of such defects or any other obligation of CONTRACTOR unde the Contract Documents. 6.14 Inde nification: 00700 0 i-2020 Page 22 General Conditions 6.14.1 TO THE FULLEST EXTENT PERMITTED BY LAW,AND IN ADDITION TO ANY OTHER OBLIGATIONS OF CONTRACTOR UNDER THE CONTRACT OR OTHERWISE,CONTRACTOR SHALL INDEMNIFY,DEFEND AND HOLD HARMLESS OWNER, ITS COUNCIL MEMBERS , EMPLOYEES, AGENTS,AND CONSULTANTS INCLUDING, BUT NOT LIMITED TO THE E/A (THE "INDEMNIFIED PARTIES" OR INDEMNIFIED PARTY", FROM AND AGAINST ALL CLAIMS, COSTS, LOSSES,AND DAMAGES (INCLUDING BUT NOT LIMITED TO ALL FEES AND CHARGES OF ENGINEERS, ARCHITECTS, ATTORNEYS, CONSULTANTS, EXPERTS AND OTHER PROFESSIONALS AND ALL COURT OR ARBITRATION OR OTHER DISPUTE RESOLUTION COSTS) ARISING OUT OF OR RELATING TO THE PERFORMANCE OF THE WORK, REGARDLESS OF WHETHER SUCH CLAIMS, COSTS, LOSSES,AND DAMAGES ARE CAUSED, IN WHOLE OR IN PARTY BY THE ACTS, ACTIONS, ERRORS OR OMISSIONS OF AN INDEMNIFIED PARTY. BECAUSE OWNER IS A MUNICIPALITY,THE TERMS AND PROVISIONS OF SUBCHAPTER C OF CHAPTER 151 OF THE TEXAS INSURANCE CODE ("CHAPTER 151") DOES NOT APPLY TO THE OWNER. IF, HOWEVER, ANY PROVISION OF CHAPTER 151 APPLIES TO THE OWNER, IT IS THE INTENT OF THE OWNER THAT IF THE PROVISIONS OF CHAPTER 151 DO APPLY, NOTHING HEREIN SHALL IMPOSE ANY REQUIREMENTS ON CONTRACTOR THAT ARE PROHIBITED BY CHAPTER 151 AND THAT ANY OF THE PROVISIONS HEREOF THAT ARE NOT PROHIBITED BY CHAPTER 151 SHALL REMAIN IN FULL FORCE AND EFFECT. ACCORDINGLY, IN THE EVENT THAT IN CONSTRUING AND INTERPRETING THE CONTRACT DOCUMENTS, A COURT OF COMPETENT JURISDICTION OR, IF APPLICABLE, AN ARBITRATOR, DETERMINES THAT CHAPTER 151 APPLIES TO THE OWNER, THEN THE COURT OR ARBITRATOR SHALL REFORM THE PROVISIONS HEREOF SO AS TO COMPLY WITH CHAPTER 151 AND SUCH REFORMATION SHALL NOT AFFECT THE VALIDITY OF ANY PROVISIONS HEREOF THAT ARE NOT PROHIBITED BY CHAPTER 151. 6.14.2 The indemnification obligation under paragraph 6.14.1 shall not be limited in any way by any limitation on the amount or type of damages, or compensation or benefits payable by or for the CONTRACTOR or any such Subcontractor, Supplier or other person or organization under workers'compensation acts, disability benefit acts or other employee benefit acts. 6.14.3 The obligations of the CONTRACTOR under paragraph 6.14.1 shall not extend to the liability of the OWNER, E/A, E/A's consultants, and their officers, directors, partners, employees or agents caused primarily by negligent preparation of maps, drawings, surveys, designs or specifications upon which is placed the applicable state-authorized design professional seal of the OWNER's, E/A's or E/A's consultant's officers, directors, partners, employees or agents. 6.14.4 In the event the CONTRACTOR fails to follow the OWNER's directives concerning use of the site, scheduling or course of construction, or engages in other conduct which proximately causes damage to property based on inverse condemnation or otherwise, then and in that event, the CONTRACTOR shall indemnify the OWNER against all costs resulting from such claims. 6.14.5 In the event the CONTRACTOR unreasonably delays progress of the work being done by others on the site so as to cause loss for which the OWNER becomes liable, then the CONTRACTOR shall reimburse the OWNER for such loss. 6.15 Survival of Obligations: All representations, indemnifications, warranties and guarantees made in, required by or given in accordance with the Contract Documents, as well as all continuing obligations indicated in the Contract Documents,will survive final payment, completion and acceptance of the Work and termination or completion of the Agreement. 6.16 Losses from Natural Causes: Unless otherwise specified, all loss or damage to the CONTRACTOR arising out of the nature of the Work to be done or from action of the elements,floods or from unforeseeable circumstances in prosecution of the Work or from 00700 04-2020 Page 23 General Conditions unusual obstr ctions 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 Notic: of Claim: Should the Cs NTRACTOR suffer injury or damage to person or property because of any error, omission or act of the OWNER o of any of the OWNER's employees or agents or others for whose acts the OWNER is liable,a Claim will be made t• the other party within thirty (30) calendar days of the event giving rise to such injury or damage. The provision- of this paragraph 6.17 shall not be construed as a substitute for or a waiver of the provisions of any applicable sta jute of limitations, statute of repose, or any other provision of the Contract Documents. 6.18 Liqui ated Damages: At set forth in t, e Agreement,paragraph 1.2,the CONTRACTOR or its Surety shall be liable for Liquidated Damages for the CONT ' CTOR'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- 'THER WORK 7.1 The sWNER may perform other work related to the Project at the site by the OWNER's own forces, or let other contract• therefor, or have other work performed by utility owners. If the CONTRACTOR believes that delay or additional 'ost is involved because of such action by the OWNER, the CONTRACTOR may make a Claim as provided in A icle 11 or Article 12. 7.2 The •ONTRACTOR shall afford other contractors who are in a contract with the OWNER and each utility owner (and thL OWNER, if the OWNER is performing the additional work with the OWNER's employees) proper and safe acces to the site and a reasonable opportunity for the introduction and storage of materials and equipment and the exec tion of such other work and shall properly connect and coordinate the Work with theirs. Unless otherwise pro ided in the Contract Documents, the CONTRACTOR shall do all cutting, fitting and patching of the Work that ma be required to make its several parts come together properly and integrate with such other work. The CONT CTOR shall not endanger any work of others by cutting, excavating or otherwise altering their work and will only ut or alter their work with the written consent of Owner's Representative and the other contractors whose work '.ill be affected. The CONTRACTOR shall promptly remedy damage caused by the CONTRACTOR to completed r partially completed construction or to property of the OWNER or separate contractors. 7.3 If the •roper execution or results of any part of the CONTRACTOR's Work depends upon work performed by others undr this Article 7, the CONTRACTOR shall inspect such other work and promptly report to Owner's Representati - 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 co stitute 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 con'actor with the Work of the CONTRACTOR, who shall cooperate with them. The CONTRACTOR shall particip.te 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 necesary after a joint review and mutual agreement. The construction schedules shall then constitute the schedules to e used by the CONTRACTOR, separate contractors and the OWNER until subsequently revised. 7.5 Unle otherwise stated herein, costs caused by delays or by improperly timed activities or defective construction haIl be borne by the party responsible therefor. 7.6 If CO TRACTOR damages,delays,disrupts or interferes with the work of any other contractor,or any utility owner perfor ing other work at or adjacent to the site of the Project, through CONTRACTOR's failure to take reasonable a d customary measures to avoid such impacts, or if any claim arising out of CONTRACTOR's actions, 00700 0 -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 authori y, duties or responsibilities to E/A under the Contract Documents, or under any agreement between the OWNER nd E/A, or any undertaking, exercise or performance thereof by E/A, is intended to be for the sole and exclusiv 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 ill not supervise, direct, control or have authority over or be responsible for the CONTRACTOR's means, meth ds, techniques, sequences or procedures of construction, or the safety precautions and programs incident there o. E/A is not responsible for any failure of the CONTRACTOR to comply with laws and regulations applicable to he furnishing or performing the Work. E/A is not responsible for the CONTRACTOR's failure to perform or fur ish the Work in accordance with the Contract Documents. Failure or omission of E/A to discover, or object to or c ndemn any defective Work or material shall not release the CONTRACTOR from the obligation to properly and f Ily perform the Work. 9.1.3 E/A i 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 th OWNER so directs, E/A will review the final Application for Payment and accompanying documentatioi and all maintenance and operating instructions, schedules, guarantees, bonds and certificates of inspection,teats 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 approval-;that the results certified indicate compliance with,the Contract Documents. 9.1.5 The li itations upon authority and responsibility set forth in this paragraph 9.1 shall also apply to EtA's Consultants, "esident Project Representative and assistants. 9.2 E/A a, Owner's Representative: 9.2.1 E/A ay be designated as Owner's Representative under paragraph 8.1. 9.3 VisittoSite: If the OWNE so directs, E/A will make visits to the site at intervals appropriate to the various stages of construction as is necessa l 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 v sits 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 inspe• ions to check the quality or quantity of the Work. E/A's efforts will be directed toward providing for the OWNER - greater degree of confidence that the completed Work will conform to the Contract Documents. On the basis of s ch visits and on-site observations, E/A will keep the OWNER informed of the progress of the Work and will ende.vor to guard the OWNER against defective Work. E/A's visits and on-site observations are subject to all the limit-tions on E/A's authority and responsibility set forth in paragraph 9.1. 9.4 Proje t Representative: If the OWNE and E/A agree, E/A will furnish a Resident Project Representative to assist E/A in providing more continuous o.servation of the Work. The responsibilities and authority and limitations of any such Resident Project Representati e and assistants will be as provided in paragraph 9.1 and in the Supplemental General Conditions. The OWNER may designate another representative or agent to represent the OWNER at the site who is not E/A, EtA's consuItnt, agent or employee. 9.5 Clari•cations and Interpretations: E/A may dete mine that written clarifications or interpretations of the requirements of the Contract Documents (in the form of d :wings 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 '-presentative and will be binding on the OWNER and the CONTRACTOR. If the OWNER or the 00700 0 i-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 ime being adjusted as necessary. A Change Directive shall be used in the absence of complete and prompt agree ent on the terms of a Change Order. 10.3.2 If the hange Directive provides for an adjustment to the Contract Amount, the adjustment shall be based on the metho• provided for in paragraph 11.5. 10.3.3 A Chnge 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 •rder: 10.4.1 Owner's Representative may authorize minor variations in the Work from the requirements of the Contract Documents w ich do not involve an adjustment in the Contract Amount or the Contract Times and are compatible with the desig concept of the completed Project as a functioning whole as indicated by the Contract Documents. These shall b; accomplished by written Field Order and shall be binding on the OWNER and on the CONTRACTOR who shall pe •rm 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 Contr- t Times, the CONTRACTOR shall make written request to Owner's Representative for a Change Order. Any r;quest by the CONTRACTOR for an adjustment in Contract Amount and/or Contract Times shall be made in writin prior to beginning the work covered by the Field Order. 10.5 No D mages for Delay: Except as oth rwise provided in the Contract Documents, the CONTRACTOR shall receive no compensation for delays or rances to the Work. If delay is caused by specific orders given by the OWNER to stop Work for reasons for w ich the CONTRACTOR is not responsible, or such delay is not caused by active interference in the Work by OW ER for reasons for which the CONTRACTOR is not responsible, then such delay will entitle the CONTRACTsR only to an equivalent extension of time,the CONTRACTOR's application for which shall, however, be subject to pproval of the OWNER. No such extension of time shall release the CONTRACTOR or surety on its performance •ond from all the CONTRACTOR's obligations hereunder which shall remain in full force until discharge of t e Contract. ARTICLE 11 CHANGE OF CONTRACT AMOUNT 11.1 The "ontract Amount is stated in the Agreement and, including authorized adjustments, is the total amount payable by th- OWNER to the CONTRACTOR for performance of the Work under the Contract Documents. 11.2 The of iginal 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 ontract Amount shall only be changed by a Change Order. Any claim for an adjustment in the Contract Amo nt shall be made by Written Notice delivered by the party making the Claim to the other party promptly (but in no eve,t later than thirty(30)calendar days)after the start of the occurrence or event giving rise to the Claim and stating t e general nature of the Claim. Notice of the amount of the Claim with supporting data shall be delivered with n thirty(30)calendar days after Written Notice of Claim is delivered by claimant, and shall represent that the adjus ment claimed covers all known amounts to which claimant is entitled as a result of said occurrence or event. If th- OWNER and the CONTRACTOR cannot otherwise agree, all Claims for adjustment in the Contract Amount shall •e determined as set out in Article 16. 11.4 Dete i ination of Value of Work: 00700 0,�-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 WherQ the Contract Documents provide that all or part of the Work is to be unit price Work, initially the Contract Amoint 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 compariso 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 Repr sentative will review with the CONTRACTOR the preliminary determinations on such matters before rendering a w itten 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 ocuments without any measurements. 11.6.3 Each init price will be deemed to include an amount considered by the CONTRACTOR to be adequate to cover the COIf1TRACTOR's overhead and profit for each separately identified item. 11.6.4 A Majr� 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 t enty percent(20%) less than in the Bid; or .2 T e CONTRACTOR presents proper documentation contesting the accuracy of"plan quantity," and 0 ner's Representative verifies quantity and determines original quantity is in error by five percent ( %)or more. 11.6.E Right t Verify Information: The CONTRACTOR agrees that any designated representative of the OWNER shall have th right to examine the CONTRACTOR's records to verify the accuracy and appropriateness of the pricing data sed to price change proposals. Even after a Change Order Proposal has been approved, the CONTRACT R agrees that if the OWNER later determines the cost and pricing data submitted was inaccurate, incomplete, n t current or not in compliance with the terms of this Agreement regarding pricing of change orders, then an appro riate 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 tevaluate the potential cost of labor and labor burden related to change order work. It is intended that this inforrination represent an accurate estimate of the CONTRACTOR's actual labor and labor burden cost components. his information is not intended to establish fixed billing or change order pricing labor rates. However, at the time cFange orders are priced the submitted cost data for labor rates may be used to price change order work. The ac uracy 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 ontract Times (or Milestones) shall only be changed by Change Order or Time Extension Request duly execute by both the CONTRACTOR and Owner's Representative. Any claim for an adjustment of the Contract Tim s(or Milestones)shall be made by Written Notice delivered by the party making the Claim to the other 00700 0 -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 we tiler that is beyond the normal weather expected for the Williamson and Travis Counties,Texas area. Normal weath r which prevents the CONTRACTOR from performing Work is expected during a Calendar Day Contract, and s not a justification for an extension of time. The following delineates the number of days per month for which, for urposes of Calendar Day Contracts, expected normal weather will prevent performance of Work: J..nuary 7 days F;bruary 7 days M;rch.......................... 7 days A'ril.......................... 7( days My8 days J ne....................................... 6 days Jly............................................................. 6days ', days Agust..................................... .5 days S'-ptember...................... .7 days 0 tober..................... 7 days N.vember 7 days DTcember...................... 7 days Days per mon h exceeding the number shown above may be credited as Rain Days if a Claim is made in accordance with paragrap 12.1.1 and meets the following definition: a"Rain Day"is any day in which a weather event occurs at the site an. is sufficient to prevent the CONTRACTOR from performing units of Work critical to maintaining the project sched le 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 CONTRACTqR. 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 a d 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 -dvise them of the CONTRACTOR's site safety procedures and programs so that they may comply therewith as .pplicable. 13.3 Test:and Inspections: 13.3.1 The i ONTRACTOR shall give timely notice of readiness of the Work for all required inspections, tests or approvals, an7 shall cooperate with inspection and testing personnel to facilitate required inspections or tests. 13.3.2 The IWNER shall employ and pay for services of an independent testing laboratory to perform all inspections, t;sts or approvals required by the Contract Documents except: .1 for inspections, tests or approvals covered by paragraph 13.3.3 below; .2 fir reinspecting or retesting defective Work; and .3 a. otherwise specifically provided in the Contract Documents. All testing lab'ratories shall be those selected by the OWNER. 00700 0.-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 Corre tion or Removal of Defective Work: If required by t e OWNER,the CONTRACTOR shall promptly,as directed,either correct all defective Work,whether or not fabricat-d, installed or completed, or, if the Work has been rejected by Owner's Representative, remove it from the site a d replace it with Work that is not defective.The CONTRACTOR shall correct or remove and replace defective Wor , or submit a plan of action detailing how the deficiency will be corrected, within the time frame identified in t e notice of defective Work. The CONTRACTOR shall pay all claims, costs, losses and damages caused by or r suiting from such correction or removal(including but not limited to all costs of repair or replacement of work of oth rs), including but not limited to all consultant, engineering, expert and attorney's fees incurred by the OWNER as a i esult of such defective work or as necessary for OWNER to investigate such defective Work and/or to determine she 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 foll•wed to correct or address any defective Work. If the OWNER specifies a means or method by which the defective ork will be addressed or corrected, the CONTRACTOR shall perform the specified work necessary to address or i orrect the defective Work at CONTRACTOR'S sole cost and expense. 13.7 Warrnty period: 13.7.1 If, at -ny time after the date of Substantial Completion or such longer period of time as may be prescribed by laws or re.ulations or by the terms of any applicable special guarantee required by the Contract Documents or by any specifi' provision of the Contract Documents, any Work is found to be defective, the CONTRACTOR shall promptly, with.ut cost to the OWNER and in accordance with the OWNER's written instructions: (i) c'rrect such defective Work, or, if it has been rejected by the OWNER, remove it from the site and r;place it with Work that is not defective, and (ii) s.tisfactorily correct or remove and replace any damage to other Work or the work of others resulting therefrom. If the CONT A CTOR does not promptly comply with the terms of such instructions, or in an emergency where delay would •ause serious risk of loss or damage, the OWNER may have the defective Work corrected or the rejected Wor ,removed and replaced, and all claims, costs, losses and damages caused by or resulting from such removal and eplacement (including but not limited to all costs of repair or replacement of work of others and all consultant, e .ert and attorney's fees incurred by OWNER)will be paid by the CONTRACTOR. 13.7.2 In sp: cial circumstances where a particular item of equipment is placed in continuous service before Substantial C'mpletion of all the Work, the warranty period for that item may start to run from an earlier date if so provided in th- Contract Documents and agreed to by OWNER. 13.8 OWN R May Correct Defective Work: If the CONT A CTOR fails within a reasonable time after Written Notice of the OWNER to correct defective Work, or to remove nd replace rejected Work, or if the CONTRACTOR fails to perform the Work in accordance with the Contract Docyments, or if the CONTRACTOR fails to comply with any other provision of the Contract Documents, the OWNER `nay, after seven (7) calendar days' Written Notice to the CONTRACTOR, correct and remedy any such deficien y. If, in the opinion of Owner's Representative, significant progress has not been made during this seven(7)cal ndar 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 si , take possession of all or part of the Work, and suspend the CONTRACTOR's services related thereto, and i corporate in the Work all materials and equipment stored at the site or for which the OWNER has paid the CON RACTOR but which are stored elsewhere. The CONTRACTOR shall allow the OWNER, its agents and employe s,the OWNER's other contractors,E/A and E/A's consultants access to the site to enable the OWNER to exercise t e rights and remedies under this paragraph. All claims, costs, losses and damages incurred or sustained by he OWNER in exercising such rights and remedies will be charged against the CONTRACTOR and a Change Or er will be issued incorporating the necessary revisions in the Contract Documents with respect to the 00700 Ot-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 Appli•ations for Payment shall include the following documentation: .1 u a dated progress schedule; .2 m•nthly subcontractor report; and .3 a y other documentation required under the Supplemental General Conditions. 14.2 CON RACTOR's Warranty of Title: The CONT ACTOR warrants and guarantees that title to all Work, materials and equipment covered by any Application fo' 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 Revi- 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 Applicatio to the CONTRACTOR indicating Owner's Representative's reasons for refusing to recommend payment. In t e latter case,the CONTRACTOR may make the necessary corrections and resubmit the Application. 14.3.2 Ownr's Representative's recommendation of any payment requested in an Application for Payment will constitute a r:presentation by Owner's Representative, based upon Owner's Representative's on-site observations of the execu ed Work and on Owner's Representative's review of the Application for Payment and the accompanyin. data and schedules,that to the best of Owner's Representative's knowledge, information and belief: .1 t e Work has progressed to the point indicated; and .2 t e quality of the Work is in accordance with the Contract Documents (subject to an evaluation of the ork as a functioning whole prior to or upon Substantial Completion, to the results of any subsequent t;sts called for in the Contract Documents, to a final determination of quantities and classifications for u 1 it price Work, and to any other qualifications stated in the recommendation). 14.3.3 By rcommending any such payment, Owner's Representative will not thereby be deemed to have represented t'at: .1 i spections have been made to check the quality or the quantity of the Work or that the Work has been p-rFormed in accordance with the Contract Documents; .2 eamination has been made to ascertain how or for what purpose the CONTRACTOR has used money previously paid on account of the Contract Amount; .3 t e CONTRACTOR's construction means, methods,techniques, sequences or procedures have been r viewed; or .4 t at there may not be other matters or issues between the parties that might entitle the CONTRACTOR t• be paid additionally by the OWNER or entitle the OWNER to withhold payment to the CONTRACTOR. 14.4 Deciions to Withhold Payment: 14.4.1 The •WNER may withhold or nullify the whole or part of any payment to such extent as may be necessary on account of .1 i,efective Work not remedied; 00700 O -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 Subs;antial Completion: 14.7.1 If a •ertificate of Occupancy is required by public authorities having jurisdiction over the Work, said certificate shal be issued before the Work or any portion thereof is considered substantially complete. When the CONTRACTO R considers that the Work, or a portion thereof which the OWNER agrees to accept separately, is substantially •omplete, the CONTRACTOR shall notify Owner's Representative and request a determination as to whether the ork or designated portion thereof is substantially complete. If Owner's Representative does not consider the ork substantially complete, Owner's Representative will notify the CONTRACTOR giving reasons therefor. Fai ure on the OWNER's part to list a reason does not alter the responsibility of the CONTRACTOR to complete all ork in accordance with the Contract Documents. After satisfactorily completing items identified by Owner's Rep esentative, the CONTRACTOR shall then submit another request for Owner's Representative to determine su•stantial completion. If Owner's Representative considers the Work substantially complete, Owner's Representati - 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 ime within which the CONTRACTOR shall finish the punch list, and shall establish responsibilities of the OWNER -nd the CONTRACTOR for security, maintenance, heat, utilities, damage to the Work, warranty and insurance. F..ilure to include an item on the punch list does not alter the responsibility of the CONTRACTOR to complete all ork 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 certificat . 14.7.2 The •WNER 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 Parti.I Utilization: The OWNER, at the OWNER's sole option, shall have the right to take possession of and use any completed or partially com leted 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 s possessed and used is substantially complete or that it is accepted by OWNER, and the OWNER's exercise of s ch use and possession shall not relieve the CONTRACTOR of its responsibility to complete all Work in accordanc 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 Representatie 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 CONT A CTOR may make application for final payment following the procedure for progress payments after the CONTRAS TOR has completed all such corrections to the satisfaction of Owner's Representative and delivered the following o ocuments: .1 T ree (3)complete operating and maintenance manuals, each containing maintenance and operating i structions, 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 r;leases or waivers (satisfactory to the OWNER) of all claims arising out of or filed in connection with t e Work; 00700 O•-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. Tle CONTRACTOR agrees to negotiate in good faith with Subcontractors, Suppliers and others to mtigate the OWNER's cost CONTRACTOR shall include in any subcontract or purchase order lahguage that provides that if the Agreement is terminated without cause, the Subcontractor and S ppliers will only be paid for work performed or materials and equipment supplied and shall not have a y other claims against CONTRACTOR or OWNER; CONTRACTOR shall not be paid for any profit or overhead for Work not completed. 15.3 OWN: R May Terminate With Cause: 15.3.1 Upon i he occurrence of any one or more of the following events: .1 if he CONTRACTOR persistently fails to perform the Work in accordance with the Contract Documents; .2 if he CONTRACTOR disregards laws or regulations of any public body having jurisdiction; .3 if he CONTRACTOR disregards the authority of Owner's Representative; .4 if he CONTRACTOR makes fraudulent statements; .5 if the CONTRACTOR fails to maintain a work force adequate to accomplish the Work within the C•ntract Time; .6 if he CONTRACTOR fails to make adequate progress and endangers successful completion of the C.ntract; or .7 if he CONTRACTOR otherwise violates any provisions of the Contract Documents; The OWNER ay, after giving the CONTRACTOR(and the surety, if any)seven (7)calendar days'Written Notice terminate the .ervices 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 -nd 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 CONTRACT•,R but which are stored elsewhere,and finish the Work as the OWNER may deem expedient. In such case the CONS RACTOR shall not be entitled to receive any further payment until the Work is finished. If the unpaid balance of th:, Contract Amount exceeds all claims, costs, losses and damages sustained by the OWNER arising out of or resul ping from completing the Work, such excess will be paid to the CONTRACTOR. If such claims,costs, losses and d mage exceed such unpaid balance, the CONTRACTOR or surety shall pay the difference to the OWNER. 15.3.2 Wher the CONTRACTOR's services have been so terminated by the OWNER, the termination will not affect any rig ts or remedies of the OWNER against the CONTRACTOR and surety then existing or which may thereafter acc ue. Any retention or payment of amounts due the CONTRACTOR by the OWNER will not release the CONTRA TOR from liability. In the event the OWNER terminates the Contract with cause, the OWNER may reject any an. all bids submitted by the CONTRACTOR for up to three(3)years. 00700 O�•-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 1 be waived by'written agreement of both parties, in which event the parties may proceed directly to mediation as described below. 16.2.3 Medition: 16.2.3.1 If khe procedure described in paragraph 16.2.2 proves unsuccessful or is waived pursuant to its terms, the parties shll 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 prcmote reconciliation, settlement, or understanding among them. The parties hereby agree that mediation, at 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 nediator and each party to the dispute for the formulation of resolution alternatives. The parties agree to participate ii 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 WNER shall have the exclusive right to examine the records of the CONTRACTOR. The term "records"as r ferred to herein shall include any and all information, materials and data of every kind and character, including with ut limitation records, books, papers, documents, contracts, schedules,commitments,arrangements, notes, daily d aries, reports, drawings, receipts, vouchers and memoranda, and any and all other agreements, sources of inf rmation and matters that may, in the OWNER's judgment, have any bearing on or pertain to any matters, right , duties or obligations under or covered by any contract document. Such records shall include(hard copy, as well s computer-readable data if it can be made available), written policies and procedures, time sheets, payroll regist rs, 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 wi h the CONTRACTOR's dealings with the OWNER(all of the foregoing are hereinafter referred to as "records"). In ddition,the CONTRACTOR shall permit interviews of employees as well as agents, representatives, vendors, sub ontractors and other third parties paid by the CONTRACTOR to the extent necessary to adequately permit evalua ion and verification of the following: a) Tie CONTRACTOR's compliance with contract requirements; b) The CONTRACTOR's compliance with the OWNER'S business ethics policies; and 1 c) If necessary, the extent of the Work performed by the CONTRACTOR at the time of contract trmination. 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, p rase, clause, sentence or provision of the Contract, or the application of same to any person or set of circumstan•es 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 b severable for this purpose. 18.5 lndep•ndent Contractor The Contract hail not be construed as creating an employer/employee relationship,a partnership,or a joint venture. The CONT •'CTOR's services shall be those of an independent contractor. The CONTRACTOR agrees and understands t at the Contract does not grant any rights or privileges established for employees of the OWNER. 18.6 Prohi s ition of Gratuities The OWNER ay, by Written Notice to the CONTRACTOR, terminate the Contract without liability if is determined by the OWNE that gratuities were offered or given by the CONTRACTOR or any agent or representative of the CONTRACTiiR to any officer or employee of the OWNER with a view toward securing the Contract or securing favorable treament with respect to the awarding or amending or the making of any determinations with respect to the performin g 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 the CONTRACTOR in providing such gratuities. 18.7 Prohi•ition Against Personal Interest in Contracts No officer,em'•loyee, independent consultant,or elected official of the OWNER who is involved in the development, evaluation, ordecision-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 mplied, of the CONTRACTOR shall render the Contract voidable by the OWNER. End of Gene 'al Conditions 00700 O;-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): Man Bushak,P.E. Firm: City of Round Rock Address: 3400 Sunrise Road City, State, Zip: Round Rock,TX 78665 Telephone: 512.341.3318 Facsimile: Email: mbushak@roundrocktexas.gov 1.27 Owner's Representative: Add the following: Name: Jose(JC)Montelongo II,E.I.T. Title: Associate Engineer/Project Manager Address: 3400 Sunrise Road City, State, Zip: Round Rock,TX 78665 Telephone: 512.218.7026 Facsimile: Email: jmonteIongoroundrocktexas.gov ARTICLE 6-CONTRACTOR'S RESPONSIBILITIES 6.18 Liquidated Damages Add the following: 1. CONTRACTOR SHALL PAY LIQUIDATED DAMAGES IN THE AMOUNT OF Six Hundred AND NO/I 00 DOLLARS $600 PER DAY FOR EACH DAY BEYOND THE DATE ESTABLISHED THEREFOR THAT THE CONTRACTOR FAILS TO ACHIEVE SUBSTANTIAL COMPLETION, AND FOR WHICH OWNER IS UNABLE TO UTILIZE THE IMPROVEMENTS AND FACILITIES DUE TO THE FAILURE OF CONTRACTOR TO HAVE ACHIEVED SUBSTANTIAL COMPLETION IN ACCORDANCE WITH THE CONTRACT. END OF SUPPLEMENTAL GENERAL CONDITIONS Page 1 00800 10-2015 Supplemental General Conditions 00090669 SECTION 01-INFORMATION 01-01 COPIES OF PLANS AND SPECIFICATIONS FURNISHED The Agreement will be prepared in not less than two (2) (original signed) sets. The OWNER will furnish to the CONTRACTOR one (1) copy of conforming Contract Documents and Specifications unless otherwise requested. 01-02 GOVERNING CODES All construction as provided for under the Contract Documents shall be governed by any existing Resolutions,Codes and Ordinances, and any subsequent amendments or revisions thereto as set forth by the OWNER. 01-03 LOCATION The location of work shall be as set forth in the Notice to Bidders and as indicated in the Contract Documents. 01-04 USAGE OF WATER All water used during construction shall be provided by the OWNER and shall be metered. The OWNER shall specify the location from which the CONTRACTOR is to procure water.The CONTRACTOR shall be responsible for obtaining a bulk water permit from the OWNER and providing all apparatus necessary for procuring,storing, transporting and using water during construction.The CONTRACTOR shall strive to use no more water than reasonable to perform the work associated with this Contract and shall avoid waste. The CONTRACTOR will be required to pay for all water used if it is found that waste is occurring during construction. SECTION 12-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. OO9OO4-2O2O 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/wdol/scafiles/davisbacon/TX33.dvb?v=0 Construction Types: Heavy and Highway http://www.wdol.gov/wdol/scafiles/davisbacon/TX 16.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 I3-ACCESS AND TRAFFIC CONTROL Access shall be provided for the public and emergency vehicles at all possible times. When it becomes necessary to restrict access, the CONTRACTOR shall notify the OWNER and coordinate with the OWNER, all applicable agencies (i.e. Fire Department, E.M.S.,Public Works,etc.),residents,and affected parties. If emergency access is required during the work and such access is being hindered by the work,the CONTRACTOR will suspend the work if necessary,and otherwise endeavor to assist emergency personnel in accessing a location restricted by the work. Unless otherwise approved by the E/A, at the end of each day all lanes of traffic shall be opened to the public. The CONTRACTOR shall ensure compliance at all times with the accepted Traffic Control Plan for the project and shall be responsible for all maintenance, signing and safety precautions necessary for traffic control. These items shall be included in the bid item Traffic Control. 00900-4-2020 Page 5 Special Conditions 00443643 01000 TECHNICAL SPECIFICATIONS ITEM 1 GENERAL DESCRIPTION 1.01 SCOPE OF WORK The Work covered by these Specifications consists of furnishing all labor, equipment, appliances, materials and performing all operations in connection with the inspection and testing, complete in accordance with the Plans, and subject to the terms and conditions of the Contract Documents. 1.02 GOVERNING TECHNICAL SPECIFICATIONS STREET, WATER, SEWER AND DRAINAGE IMPROVEMENTS The Round Rock Standard Specification Criteria Manual is hereby referred to and included in this contract as fully and to the same extent as if copied at length herein, and shall be applied to this project unless modified elsewhere as discussed below. The aforementioned Criteria Manual is the"Standard Specifications" section of the City of Round Rock Design and Construction Standards. The Standard Specifications may be accessed from the City of Round Rock website (www.roundrocktexas.gov) at the following web address: www.roundrocktexas.gov/dacs. Any adjustments, alterations,or additional information regarding Governing Technical Specifications are contained in the Plans (Drawings), Details and Notes described in Section 02000 of the Project Manual or are included in Attachment A at the end of this Technical Specifications Section. ITEM 2 CONTROL OF WORK 2.01 CLEAN-UP 2.01.1 CONSTRUCTION SITE During construction, the CONTRACTOR shall keep the site free and clean from all rubbish and debris and shall clean-up the site promptly when notified to do so by the E/A. The CONTRACTOR shall,at its own expense,maintain the streets and roads free from dust, mud, excess earth or debris which constitutes a nuisance or danger to the public using the thoroughfare, or the occupants of adjacent properties. Care shall be taken to prevent spillage on streets and roads over which hauling is done, and any such spillage or debris deposited on streets, due to the CONTRACTOR's operations, shall be immediately removed. Page 1 01000-4-2020 Technical Specifications 00443645 2.01.2 BACKWORK The CONTRACTOR shall coordinate his operations in such a manner as to prevent the amount of clean-up and completion of back works from becoming excessive. Should such a condition exist,the E/A may order all or portions of the work to cease and refuse to allow any work to commence until the back work is done to the E/A's satisfaction. 2.02 GRADING The CONTRACTOR shall do such grading in and adjacent to the construction area associated with this contract as may be necessary to leave such areas in a neat and satisfactory condition approved by the E/A. ITEM 3 EXAMINATION AND REVIEW 3.01 EXAMINATION OF WORK The work covered under this Contract shall be examined and reviewed by the E/A, representatives of all governmental entities which have jurisdiction, and the Owner's Representative. The quality of material and the quality of installation of the improvements shall be to the satisfaction of the E/A. It shall be the CONTRACTOR's responsibility for the construction methods and safety precautions in the undertaking of this Contract. 3.02 NOTIFICATION The E/A and the OWNER must be notified a minimum of 24-hours in advance of beginning construction,testing, or requiring presence of the E/A,Owner's or Owner's Representative. 3.03 CONSTRUCTION STAKING The E/A shall furnish the CONTRACTOR reference points and benchmarks that, in the E/A's opinion, provide sufficient information for the CONTRACTOR to perform construction staking. 3.04 PROTECTION OF STAKES, MARKS,ETC. All engineering and surveyor's stakes, marks, property comers, etc., shall be carefully preserved by the CONTRACTOR, and in case of destruction or removal during the course of this project, such stakes, marks, property comers, etc., shall be replaced by the CONTRACTOR at the CONTRACTOR's sole expense. Page 2 01000-4-2020 Technical Specifications 00443645 ITEM 4 ! PROTECTION AND PRECAUTION 4.01 II 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 O1OOO4-2O2O Technical Specifications 00443645 02000 PLANS, DETAILS AND NOTES 2019 Street Maintenance Program — High Density Mineral Bond — Project C Section 02000 - Plans, Details and Notes Index 1. General Notes {3 pages (notes 1 through 15)} 2. Specific Project Notes {1 pages (notes 1 through 4)} 3. High Density Mineral Bond Spec {8 pages} 4. Street List {2 pages} 5. Maps (2page} 6. Standard Details {(City of Round Rock EC-10, EC-14, EC-17, ST-01, S-02, S03, S-.05, and 5-06) 8 pages) Issued for construction with the following: The General and Specific Projects Notes, listed above and included herein have been prepared by me and are applicable to this project. The Details and Traffic Control Standards listed above and included herein have been selected by me and are applicable to this project. �O TE��`S `11'LoL( •Or.b..c ..•••••••• ‘i oft,04C?... .6**,0 I F \IA / MATTHEW 9USHAlC sj ,0%: 91480 lAs a 4F• CENS.•• G�• �� *.P el SS"•••AL GENERAL NOTES GENERAL NOTES 1 . All construction shall be in accordance with the City of Round Rock Standard Specification Criteria Manual (the "governing technical specifications") with modifications included within this Section 02000 "Plans, Details and Notes". References to the governing technical specifications are shown as "(Item No. XXX)". The governing technical specifications may be accessed at the web address: https://www.roundrocktexas.gov/departments/transportation/dacs/ 2. If blasting is planned by the Contractor, blasting licensing and permitting must be secured from the City of Round Rock prior to commencement of blasting. Blasting will not be permitted within 15 feet of any existing utility lines or structures without prior written consent of the Engineer. 3. Any existing utilities, pavement, curbs, sidewalks, structures, trees, etc., not intended to be removed or repaired under the contract and damaged by the Contractor, shall be repaired or replaced by the Contractor to the satisfaction of the Engineer at the Contractor's sole expense. 4. The Contractor shall verify all depths and locations of existing utilities prior to any construction. Any conflict between existing utilities and the work proposed in the contract shall be brought to the attention of the Engineer. No separate measurement or payment shall be made for existing utilities verification and this work shall be subsidiary to the various bid items in the contract. 5. All unpaved areas disturbed or damaged during prosecution of the Work shall be restored and re-vegetated as soon as practicable upon completion of activities causing the disturbance or damage. Restoration and re-vegetation of all disturbed or damaged areas shall consist of dressing the areas with proper topsoil (Item No. 601) as necessary and installing solid block sod (Item No. 602) to appropriate lines and grades that preclude ponding of water and uneven terrain. The species of sod shall match the generally prevailing species in the vicinity of the area being restored; however the Contractor shall consult with the abutting lot(s) owner(s) and the Engineer to determine the species of sod to be installed before ordering or placement. Finished restored and re-vegetated areas shall be subject to the approval of the Engineer prior to final acceptance. Unless the Engineer determines that through no fault of the contractor the limits of restoration and re-vegetation must exceed three feet (3') in width abutting curb and gutter repair/construction areas or two feet (2') in width abutting sidewalk repair/construction areas, no separate measurement or payment shall be made for restoration and re-vegetation and this work shall be subsidiary to the various bid items in the contract. 6. Prior to any construction, the Contractor shall convene a preconstruction conference between the City of Round Rock, himself, the Engineer, other utility companies, any affected parties and any other entity the City or Engineer may require. 7. The Contractor shall keep accurate records of all construction that deviates from the plans. The Contractor shall furnish the City of Round Rock accurate "As-Built" dra 'ings and/or data following of all construction. These "As-Built" dra ings and/or data shall meet with the satisfaction of the Engineer prior to final acceptance. No separate measurement or payment shall be made for this item and this i em shall be subsidiary to the various bid items in the contract. 8. Tras and debris generated by the Contractor shall be removed from private proprty, rights-of-way, and easements by the Contractor. Clean up shall be to the satisaction of the Engineer prior to final acceptance. When construction is being carrid out within easements, the Contractor shall confine his work to within the per anent and any temporary easements. 9. The ; ontractor shall sweep all surfaces with a vacuum broom to remove fines and othe residual waste material generated by the construction. As approved by the Engi eer and where inaccessible for a vacuum broom, the Contractor shall use othe appropriate means to adequately remove fines and residual waste. The Con Tractor shall also clean construction areas when directed by the Engineer. All proprty, whether public or private shall be cleaned to the satisfaction of the Engi eer. No separate measurement or payment shall be made for this work and this ' ork shall be subsidiary to the various bid items in the contract. 10.The ' eneral limits and streets that are the subject of the Work of this contract are shon on the project map (the "map") at the end of this section. 11.App oximate data is utilized to develop quantities shown in the Bid Form. However, the 1 ontractor is alerted to the fact that the actual quantities to be furnished under the 'ontract shall be as determined by existing conditions and/or determined and/or laid �"ut by the Engineer. Actual quantities may differ from the quantities shown in the :id Form, may be increased or decreased, or, additional areas may be identified as dtermined by the Engineer. Actual quantities provided by the Contractor shall be •aid for at the unit price shown in the Bid Form for each item unless other prov sions in the contract apply. 12.The ontractor is alerted to the fact that portions of the Work will be in and around school areas, critical street and driveway intersections, state highways and heavily trav:led roads. Coordination with the Owner will be required, and coordination with a sc ool district, state department of transportation, or other agencies may be requ red to prevent traffic problems and unsafe conditions for the public. Working time; within the aforementioned areas may need to be adjusted by the Owner to corr:spond to the needs of the City, school district, and State so as not to disrupt traffi associated with rush hours. This item will not be measured or paid for seprately and shall be subsidiary to the various bid items in the contract. 13.Prio to performing work that could damage or affect traffic loops, the Contractor shall coordinate the work with the Owner in order that the Owner may schedule Ownr's personnel to repair/replace traffic loops prior to or promptly after the Con Tractor performs the work as determined by the Owner. This item will not be meaured or paid for separately and shall be subsidiary to the various bid items in the •ontract. At his sole expense, the Contractor shall be responsible for repairing or re.lacing a traffic loop that is damaged due to work performed if the work has not been coordinated with the Owner. 14.When a sidewalk must be blocked, the Contractor shall provide sufficient advanced warning signs and detour signs to direct pedestrians around the blockage. The signs and detour shall be subject to the approval of the Engineer prior to blocking of a sidewalk. Where possible, alternatively the Contractor may provide a temporary sidewalk around a sidewalk blockage subject to the approval of the Engineer prior to blocking the sidewalk. No extra compensation shall be provided for this item and it shall be subsidiary to the various bid items in the contract. 15.The Contractor is alerted to the fact that the City of Round Rock operates a Texas Pollution Discharge Elimination System (TPDES) (Phase II) Municipal Separate Storm Sewer System (MS4) as permitted by the State of Texas. Under the MS4 permit, the City is responsible for controlling discharge of pollutants to its storm water conveyances. The Contractor shall perform the Work under the contract is such a manner that will minimize the potential for pollutants to be discharged to storm drains, inlets, channels or other MS4 conveyances. For the Work included in this contract, minimizing the potential discharge of pollutants to MS4 conveyances will most likely be achieved by installation of inlet protection and by regular clean- up of surfaces as opposed to extensive placement/construction of physical control measures. The Contractor shall be responsible for determining and implementing measures necessary to protect the MS4, for adhering to applicable State and City regulations regarding the MS4, and for corrective measures related to violations of regulations regarding the MS4. All surfaces where portions of the Work are being performed shall be cleaned of loose material and debris at the end of each day, or in advance of an imminent rainfall event. Tack or prime coats shall not be applied when a rainfall event is imminent and shall be covered as soon as practicable. The Contractor shall install Erosion Control Log Inlet Protection at curb or other inlets that are in the vicinity of or could receive runoff from a portion of the work being performed. The Contractor shall be prepared to provide other necessary measures to protect the MS4 from pollutants during performance of the Work. Any long term (more than a day) spoils or materials storage areas and, Contractor staging sites, shall be protected with physical erosion/sedimentation, filter, or other appropriate controls. Hazardous materials shall be kept in proper containment. All measures implemented shall be subject to the approval of the Engineer and the Contractor shall provide additional measures immediately upon direction by the Engineer. The Contractor shall immediately report to the City any spills of hazardous materials or pollutants and shall forthwith provide remediation of any such spill to protect the MS4, even if suspension of the Work is required. No sepa rate payment s ha ll be made for this item and this item shall be subsidiary to the various bid items in the contract. SPECIFIC PROJECT NOTES SPECIFIC PROJECT NOTES 1. The Contractor will be required to attend a Public Meeting (organized by the City of Round Rock) with the subdivisions where the work will be performed. The Contractor will ensure that a manufacturer's representative of the product being installed will be present as well. The meeting will be scheduled for a date approximately one (1) month prior to construction start. The Contractor will be required to present the following at the public meeting: A) Construction schedule; B) Application process which addresses the installation process, anticipated road closure timelines, property owner access, and access to property in case of an emergency; and C) Address any questions regarding the construction/application process brought forth in the public meeting. Attendance and presentation of this meeting is required and any costs associated with the preparation, presentation and attendance of this meeting will be considered subsidiary to this project. 2. Bid item "Engineered Traffic Control Plan" shall be prepared and sealed by a Texas licensed professional engineer for this project and shall be for implementing temporary traffic control in accordance with the Texas Manual on Traffic Control Devices, 2011 (or latest) edition. This engineered traffic control plan shall portable changeable message signs (PCMS) at the following locations: Creekmont Dr/Oakridge Dr; Creek Bend Blvd/Creek Bend/Cir/Horseshoe Cir; and Creek Bend Blvd/Plantation Dr. 3. Bid Item "Traffic Control Implementation" shall include full compensation for furnishing, installing and maintaining traffic control devices, signs, barricades, and delineators; furnishing and maintaining vehicles; furnishing and using safety apparel; flagmen; removal of traffic control devices upon completion of construction; clean up; and, all other labor, materials, equipment, and incidentals necessary to perform the work. This bid item shall be measured by each month (or portion thereof) that traffic control devices or measures are properly in place or use, if required to be in place or use, and shall be paid for at the unit price shown in the Bid Form for the item. 4. Bid Item "Materials, equipment and labor necessary for High Density Mineral Bond in accordance with attached project specific notes and specifications" shall include surface preparation as follows: all raised pavement markings, buttons, and adhesive material within the project areas shall be removed prior to the application of the high density mineral bond; Existing pavement markings and striping shall be removed by grinding. This surface preparation shall be subsidiary to the bid item. HIGH DENSITY MINERAL BOND SPECIFICATIONS HIGH DENSITY MINERAL BOND Part 1 GENERAL 1.1 SECTION INCLUDES A. Mineral aggregate and asphalt binder surface treatment installed as a High Density Mineral Bond over a roadway surface. 1.2 REFERENCES A. AASHTO R 9: Standard Recommended Practice for Acceptance Sampling Plans for Highway Construction B. ANSI B74.8: Procedure to Ball Mill Test for Friability of Abrasive Grain C. ASTM C 128: Standard Test Method for Density, Relative Density (Specific Gravity), and Absorption of Fine Aggregate D. ASTM C 170: Standard Test Method for Compressive Strength of Dimension Stone E. ASTM C 1326: Standard Test Method for Knoop Indentation Hardness of Advanced Ceramics F. ASTM D 1644: Standard Test Method for Nonvolatile Content (Solids by Weight) G. ASTM D 2172: Standard Test Methods for Quantitative Extraction of Bitumen From Bituminous Paving Mixtures H. ASTM D 2196: Standard Test Method for Rheological Properties of Non-Newtonian materials by Rotational (Brookfield type)Viscometer I. ASTM D 2486: Standard Test Method for determining wear resistance in cycles J. ASTM D 2939: Standard Test Method for Emulsified Bitumens used as Protective Coatings K. ASTM D 3960: Standard Practice for Determining Volatile Organic Compound Content of Paints and Related Coatings L. ASTM E 70: Standard Test Method for pH of Aqueous solutions with the Glass Electrode M. AASHTO T 59: Standard Test Method for Testing Emulsified Asphalts HIGH DENSITY MINERAL BOND Page 1 of 8 N. AAS TO T 111: Standard Test Method for Mineral Matter or Ash in Asphalt Materials 1.3 DEFINITIONS A. Lot-The number of tons of High Density Mineral Bond placed in a Production Day. 1.4 SUBMITTALS A. Results of wear resistance test current within one calendar year. B. Traffc control and notification plan. C. Mix Oesign: 10 days prior to use. D. Equipment: List of construction equipment to be used. E. Certification from emulsion manufacturer stating the base emulsion meets the requirements of the High Density Mineral Bond base emulsion in section 2.1 of this specification. F. Certification from the manufacturer stating the completed High Density Mineral Bond meets the requirements of section 2.3 of this specification. G. Warranty. 1.5 QUALITY ASSURANCE A. Contractor has successfully completed at least five (5) projects of similar size and nature, using the same mix design as described in section 2. Provide a list of five (5) projects which used the mix design in section 2 and have demonstrated a five year minimum proven performance on a bituminous surface. Acceptable performance after five year period is no less than 70% residual coverage in the treated surface area. B. Foreman of the crew has completed at least three (3) projects of similar size and nature. C. Do not change the source of the emulsified asphalt or aggregate without supporting changes in the mix design. D. Reject asphalt emulsion that does not meet requirements of this section. E. Remove product found defective after installation and install acceptable product at no additional cost to the City of Round Rock. HIGH DENSITY MINERAL BOND Page 2 of 8 1.6 WEATHER A. Temperature: 1. Apply surface treatment material when air and roadbed temperatures in the shade are 45° Fahrenheit (°F) and rising. 2. Do not apply surface treatment material if pavement or air temperature is below 45° Fahrenheit (°F) and falling or if the finished product will freeze before 48 hours. B. Moisture: Do not apply surface treatment material during rain or unsuitable weather. 1.7 NOTICE A. Follow Laws and Regulations concerning when and to whom notices are to be given. Give written notices at least 2 days prior to applying surface treatment material. B. Indicate application time and when the surface can be used. Include a map signifying the specific area to be closed providing detailed directions. C. Provide a minimum of two contacts that represent the Contractor with phone numbers which can be reached at any time during the project. D. Should work not occur on specified day, send a new notice before the end of the day. 1.8 ACCEPTANCE A. General: 1. Acceptance is by Lot. 2. If non-complying material has been installed and no price for the material is specified, apply price adjustment against cost of work requiring complying material as part of its installation. 3. Opening HDMB to vehicular traffic does not constitute acceptance. 4. Observation of Contractor's field quality control testing does not constitute acceptance. Such testing; however, may be used by Engineer for acceptance. B. Surface Treatment Material: 1. Paving Asphalt: Acceptance is not specified in this Section. 2. Aggregate Source: Verify suitability of aggregated source. 3. Mixture, Ready to Install: Lot size is the number of tons of High Density Mineral Bond placed in one day. Collect samples randomly and test for density, AASHTO T59 C. Placement 1. Lot size is 1 lane mile. Sub-lot size is 0.1 lane mile. 2. Mat Appearance: HIGH DENSITY MINERAL BOND Page 3 of 8 a No runoff onto concrete curbs and shoulders b No streaking c. No Light spots d No de-bonding due to road contaminants D. Pric:, Adjustment: Mat appearance defects may be accepted if a 2.5 percent price redu, tion is applied against the Lot for each condition not met. Maximum price reduction for t 'e Lot is 5 percent. Engineer may waive price adjustment if Contractor corrects deficencies at no additional cost to the City of Round Rock. 1.9 WARRANT' A. The •urface treatment material must carry a warranty from both the Contractor and the man facturer for a period of five (5) years when applied to pavement in appropriate condition. Acceptable performance after 5 years is defined as, no less than 70% residual inter-aggregate coverage in the treated surface area. The warranty includes cove age for peeling and delamination. Mechanical disturbances by snow plow chatter, stud II ed tires, etc. are excluded from warranty. PART 2 MATERIAL 2.1 HIGH DEN •ITY MINERAL BOND BASE EMULSIFIED ASPHALT A. Non ionic base emulsion used in High Density Mineral Bond, at 77 Deg. F., must meet the rquirements of Table 1 below. Base emulsion is defined as the emulsion immdiately after being milled and prior to anything being added. Table 1 Non-Ionic Emulsion—Emulsifier Type: Inorganic* Criteria ASTM/AASHTO Specification Unit METHOD Initial Brookfield Vi cosity at 77 °F (RV-5, 20 rpm) D2196 11,000-20,000 cPs pH E70 5.0-7.5 pH Density j T59 8.5-9.0 lbs/gal Solids Content T59 50.0- 54.0 %, by weight Ash Content of em Isbn T111 4.0-6.0 %, by weight *Inorganic is defind as a non-carbon-based emulsifier HIGH DENSITY MINERAL BOND Page 4 of 8 2.2 AGGREGATE A. Slate: Table 2 Slate Criteria ASTM Specification Unit Method Specific gravity C128 >2.6 -- Compression C170 11,000 min psi B. Refined Corundum Table 3 Refined Corundum Criteria ASTM Method Specification Specific Gravity C128 > 3.9 Knoop 100 Hardness C1326 > 2,000 Ball Mill Fiability ANSI B74.8 50 (14 grit) 2.3 COMPLETED HIGH DENSITY MINERAL BOND MIX DESIGN A. Completed High Density Mineral Bond material, prior to being loaded for install must meet the requirements in Table 4 below: Table 4 Criterion ASTM/AASHTO Specification Unit Method Asphalt Content D21721 17.0—20.0 %, by weight Solids Content D1644 55.0—63.0 %, by weight Initial Brookfield Viscosity at 77°F (RV-4, 20 D2196 5,500—9,000 cPs rpm) Ash Content of wet mix C2939 > 38.0 %, by weight Ash Content of Solids T1112 > 63.0 %, by weight Density T59 > 11.0 lbs/gal pH E70 6.0—8.0 Total Inorganic Aggregate Content T1113 > 34.0 %, by weight Total Sand Content < 6.0 %, by weight Maximum VOC D3960 < 5.0 g/I Resistance to Re-emulsification D2939 No Re-emulsification -- Wear Resistance D2486 Modified4 <4.0 % % loss, by weight 1. Report Asphalt Content of Mixture prior to being loaded for installas%Solids minus%Ash. 2. Ash Content as a percentage of Solids Content. 3. Ash Content of completed HDMB minus Ash Content of HDMB Base Non-Ionic Emulsion.Total Inorganic Aggregate Content defined as slate, refined corundum,and sand. 4. ASTM D2486 (Modified): Prepare samples at 48 Wet Mils on glass panel. Dry at 77 °F for 3 days. Immerse in water for 24 hours at 77°F.Test scrub resistance with 1,000 gram brass brush for 12,000 cycles. Report%of dry film lost. HIGH DENSITY MINERAL BOND Page 5 of 8 Part 3 Exe•ution Not Used 3.1 CONSTRU TION EQUIPMENT A. Pav;r: Continuous flow mixing unit. 1. C pable of applying at least 15,000 square yards of material perday. 2. E.uipped with full sweep helical mixer to assure proper suspension offine aggro-gates. 3.2 PREPARA ION A. Gen; raI: 1. S verely raveled or porous pavements may require tack coat. 2. AphaIt concrete inlay may be required in rutdeformations. B. Surf-ice Repair: Patch any holes, raveled areas, and low areas with asphalt concrete. C. Clea ing: 1. R move loose material, mud spots, sand, dust, oil, vegetation and other o.jectionable material. 2. Do not flush water over cracks or apply pressurized water to cracked pavement. 3. Clean the surface prior to installation. 3.3 PROTECTl'N A. Impl ment the traffic control plan requirements. Provide safe passage for pedestrians and '' ehicles. Do not proceed without flaggers. B. Prot; ct trees, plants, and other ground cover from damage. C. Prun- trees to allow equipment passage underneath. Repair tree damage at no addi Iional cost to the City of Round Rock. D. InstHlI invert covers. HIGH DENSITY MINERAL BOND Page 6 of 8 E. Mask off end of streets and intersection to provide straight lines: 1. Make straight lines along lip of gutters and shoulders. Keep same thickness in these areas. No runoff on these areas will be permitted. F. Protect curb, gutter, and sidewalks from spatter, mar, or overcoat. G. Protect surface treatment materials from traffic until it has cured. 3.4 APPLICATION A. Application Rate: Two separate application coats are required. The first application must be thoroughly dry and free of any damp areas before the second application begins. Machine settings must match the following application rates. 1. 0.20 gallons per square yard minimum. 2. 0.16 gallons per square yard minimum. B Spreading: 1. Keep constant delivery rate of material per square yard of surface. 2. Do not reduce application rate along edges or around manhole covers. 3. Apply both applications right to the edge of the pavement. Do not back away from curbs, manhole covers, and edges on either application. 3.5 AFTER APPLICATION A. Leave no streaks caused by plugged nozzle or improper spray bar height. B. Leave no holes, bare spots, or cracks. C. Expose and clean Manholes, valve boxes, inlets and other service entrances and Street Fixtures. D. Raise reflective tabs that were covered over. E. Do not permit traffic on product until surface has cured. HIGH DENSITY MINERAL BOND Page 7 of 8 3.6 FIELD QUALITY CONTROL A. Testing: If densitytests (AASHTO T59) show non-compliance, remove theproduct and halt Qperations until new material arrives and is shown to be in compliance. Measure the total amounts of material installed, and verify it meets the application rate. B. Protect surface treatment material from traffic until it has cured. 3.7 REPAIR A. Remove spatter and mar from curb and gutter, sidewalk, guard rails and guide posts at no additional cost to the City of Round Rock. B. RemOve surface treatment material from Street Fixtures C. Make correction lines straight. Provide good appearance. D. Lea e no streaks, holes, barespots, orcracksmatter through which liquids or coulil, penetrate to the underlying pavement. E. Rep• ir collateral damage caused by construction. END OF SECTION 1 HIGH DENSITY MINERAL BOND Page 8 of 8 STREET LIST Street list Bobby Jones Way Palmer Cv Palmer Dr Nicholaus Cv Trevino Dr St Andrews Dr Victoria Cv Maidstone Cv Royal Port Rush Dr Royal Troon Cv Royal Troon Dr Olympic Cv Merion Cv Bent Brook Dr Doral Ct Capilano Cv Cascades Cv Sable Oaks Dr Crenshaw Dr Casper Cv Arnie Ln Shark Loop Turnberry Dr Durban Ct Long Cv Hilton Head Dr Mulligan Dr Fazio Cv Golden Bear Cv Golden Bear Dr Hamlet Cir Hamlet Cv Penwood Cv Harvey Penic Dr Weiskopf Loop Snead Path Bay Hill Ln Daufuskie Island Rd Carnousty St Street List Cont. Stadler Cv Ogrin Cv Carnousty Cv Pinehurst Ln Del Monte Cv Quail Lodge Ct Cypress Point Cv Poppy Hills Cv Spanish Bay Ct Spyglass Cv Pebble Ct Putter Cv Gleneaples Cv Blue Monster Cv Links Ln Conway Cv Harvey Penick Cv Norman Loop Faldo Cv Faldo Ln Lord Byron Cv Durnberry Ln Chi Chis Vc Lord Byron Cir Durnberry Ln i • • • • • • • • • • • • • • • • • • • • • • • ' I I - I - I • i • • O g g 1 ( Bobby J°nes W., Day Hill In U V �� Sable yaks pr m O Carno` c ord� °'os a N u �e y c p� O` a° 8 n �� G`ecy�,a� Sneay�'� Garno O„ �g,r � Casper Cv l;• Weiskopf Loop Pinehurst Ln cue 49rnie n arc a ,?,50'' Shark LooQ Hilton Head Dr oc p�a`aseone `' eF¢a co" o Oe p ° Q pi o A°nRushor y 3-1; Durban Ct Hamlet ��_ / g Mulligan Dr r (}�.,,�� Napo' �\� 1 g C421Troon Cv Royal Tro°n0 Turnper,Dr Fazio Cv p�� o, e� Lodged PI y �P 9 °. L°��1 raa Bent:rook Dr IA � r7A Harvey Penick c 6 4i� o.. �L U m 441 Cc ° CO/den Bear Or 4 U N H ,'� Q,�4 a a t. GiDiegligotl CP,ce3O3C''ita@W %‘ 6, Lord=yron Cir pi e.'''k. Z)A4 IAsl lli‘iN Chi Chis Cv C/p' ,40.@`7 F°r bell d9ie PS�,* c� @ OJC S C4 �`g Pal Ln Q V rOn Cv l•r,,� �m �;�p.�, , y%,,,. Norman Loop 5 Legend Fora 2 Project Area n (l S. Conway Cv R <Place Engineer Seal Here> N A 0 350 700 1,400 Iiii Feet 2021 STREET MAINTENANCE PROGRAM RI'NDROCK ix,:,, FOREST CREEK-HAS Sheet 1 of 1 STANDARD DETAILS ♦ RECOMMENDED TOE-IN METHOD STEEL FENCE POSTS (MAXIMUM S' �.r„r� -_�,.1 SPACING) ``.'`4.`4` '' ;.•1-` _ A0. �� WOVEN WIRE SUPPORT l �.• ? �' ` ` (12-1/2 GAUGE NET NON-WOVEN �.� :-`` ~,.�`'.`�.'�� GEOTEXTILE FABRIC ~ �4� �� BACKING) SILT FENCE N �`-�� 1 0-1,°` .. r -7,-477.,,i,/,:- - 'I''`/1/- - ‘.,-•;°>.'.'.1 ''4',`,Z./` ;'i- /,i/ -, /- - I/ yiti TRENCH (BACK FILLED) WN7,'., :' *-'7711/, A' r;,, /,-;,''777/7.-V'>.1,-) '-:--&,// 7/. r' A, N// 7/' ', -/ .'/' // ., -1 k/ . :-_ , J [- / -",,. //,.,1/,-1,-- / „ r/, /// ...0<;--ti-/-' 7/-s* , ,/-/ 6~ FABRIC r TOE-IN CROSS SECTION MIMI 1. STEEL POSTS WHICH SUPPORT THE SILT FENCE SHALL BE INSTALLED ON A SLIGHT ANGLE TOWARD THE ANTICIPATED RUNOFF SOURCE. POST MUST BE EMBEDDED A MIN. OF ONE (1') FOOT. 2. THE TOE OF THE SILT FENCE SHALL BE TRENCHED IN WITH A SPADE OR MECHANICAL TRENCHER, SO THAT THE DOWNSLOPE FACE OF THE TRENCH IS FLAT AND PERPENDICULAR TO THE UNE OF FLOW. WHERE FENCE CANNOT BE TRENCHED IN (E.G. PAVEMENT) WEIGHT FABRIC FLAP WITH WASHED GRAVEL ON UPHILL SIDE TO PREVENT FLOW UNDER FENCE. 3. THE TRENCH MUST BE A MINIMUM OF 6 INCHES DEEP AND 6 INCHES WIDE TO ALLOW FOR THE SILT FENCE FABRIC TO BE LAID IN THE GROUND AND BACKFILLED WITH COMPACTED MATERIAL. 4. SILT FENCE SHALL BE SECURELY FASTENED TO EACH STEEL SUPPORT POST OR TO WOVEN WIRE, WHICH IN TURN IS SECURELY FASTENED TO THE STEEL FENCE POSTS. 8. INSPECTION SHALL BE MADE WEEKLY OR AFTER EACH RAINFALL EVENT AND REPAIR OR REPLACEMENT SHALL BE MADE PROMPTLY AS NEEDED. 6. SILT FENCE SHALL BE REMOVED WHEN THE SITE IS COMPLETELY STABILIZED SO AS NOT TO BLOCK OR IMPEDE STORM FLOW OR DRAINAGE. 7. ACCUMULATED SILT SHALL BE REMOVED WHEN IT REACHES A DEPTH OF 6 INCHES. THE SILT SHALL BE DISPOSED OF IN AN APPROVED SITE AND IN SUCH A MANNER AS TO NOT CONTRIBUTE TO ADDITIONAL SILTATION. 8. SILT FENCE SHALL BE REMOVED AS SOON AS THE SOURCE OF SEDIMENT IS STABILIZED RECORD SIGNED COPY D RAW N G NO: ON FILE AT PUBLIC WORKS CITY OF ROUND ROCKAPPROVED EC-10 03-25-11 DATE SILT FENCE DETAIL ,, - ROUND ROCK TEXAS THE ARCHITECT/ENGINEER ASSUMES f' 11.1tPCu-FAS,CA,PPC.I0rr. RESPONSIBILITY FOR TES APPROPRIATE USE OF THIS DETAIL. (NOT TO SCALE) 4 EXTEND 2'-O" MIN BEYOND INLET OPENING AT EACH END 3.. 0VER1AP AT VARIES FABRIC SPLICES '1110011110100111b... „mows., CUT AWAY OF 4 imitionice FILTER FABRIC 2 X4 -W 1.4XW 1.4 WIRE �� FABRIC STRUCTURE iiiiiiiii 111101111111111 1111111111111 1.0111111 --- FLOW FLOW 12" ISOMETRIC 20 LB. SANDBAGS 03' O.C. MINIMUM 4" HIGH CLEAR OPENING /77/l� ��/ 20 LB. SANDBAGS 03' \ � j O.C. (SEE NOTE 1) INLET atMi CROSS SECTION /IM 1. WHERE MINIMUM CLEARANCES CAUSE TRAFFIC TO DRIVE IN THE GUTTER, THE CONTRACTOR MAY SUBSTITUTE A 1" X 4" BOARD SECURED WITH CONCRETE NAILS 3' C.C. NAILED INTO THE GUTTER IN UEU OF SANDBAGS TO HOLD THE FILTER DIKE IN PLACE. UPON REMOVAL, CLEAN ANY DIRT/DEBRIS FROM NAI LI NG LOCATIONS, APPLY CHEMICAL SANDING AGENT AND APPLY NON-SHRINK GROUT FLUSH WITH SURFACE OF GUTTER. 2. A SECTION OF FILTER FABRIC SHALL BE REMOVED AS SHOWN ON THIS DETAIL OR AS DIRECTED BY THE ENGINEER OR DESIGNATED REPRESENTATIVE. FABRIC MUST BE SECURED TO WIRE BACKING WITH CLIPS OR HOG RINGS AT THIS LOCATION. 3. DAILY INSPECTION SHALL BE MADE BY THE CONTRACTOR AND SILT ACCUMULATION MUST BE REMOVED WHEN DEPTH REACHES 2". 4. CONTRACTOR SHALL MONITOR THE PERFORMANCE OF INLET PROTECTION DURING EACH RAINFALL EVENT AND IMMEDIATELY REMOVE THE INLET PROTECTIONS IF THE STORM-WATER BEGINS TO OVERTOP THE CURB. 5. INLET PROTECTIONS SHALL BE REMOVED AS SOON AS THE SOURCE OF SEDIMENT IS STABILIZED. RECORD SIONXD COPY DRAWING NO: ON FILE AT PUBLIC WORKSCITY OF ROUND ROCK EC-1 4 APPROVED 03-25-11 DATE CURB INLET PROTECTION DETAIL ROUND ROCK,TEXAS THE ARCHITECT/ENGINEER ASSUMES r+uisr +su rcttm RESPONSIBILITY FOR TEE APPROPRIATE USE OF THIS DETAIL. (NOT TO SCALE) r • 1$' TEMP. EROSION CONTROL LOGA STAID: LOG ON DOWNHILL A i 1$' TEMP EROSION SIDE AT THE CENTER, AT EACH END, AND AT .:OIL CONTROL LOG —ADDRIONAL POINTS AS rTi..._--- ---- .x155T NEEDED TO SECURE LAC, - - -•.lali ar•►.-awiTa• =..1-P�..•...-..aT T ..,a,:;,:.�..a - 4' MAX. SPACING OR AS MULCH CRADLE -•-T�'iWY�Ei'►'a a=a Yr-1•a�,i'r'Yi•i l r�iTY�TiOL_Tt_Ti•OL•"- •-Na• `J-. -ri•L•1•�Tl•a•1T.•- 1' MP) }I I~ DIRECTED. - UNDER EROSION ' M CONTROL LAG SECURE END - �'. ra•L=r��iL•a=ia•._ da=iT.a=i •4•a= 1 141a*..Ta`tati•i►ia .�aato+.l l.a a•- I 5��I�]'f'y}1 OF LOG TO STAID: LOG ON DOWNHILL fffi� a•.TL•ITJ.•__a•.Ta•.T.,. ..TL:.Ta•1,_.1•.TL r i y' y'f(� '�Fia_=a•0►•da=i•0►►+a•.�. �a�i�rTa=laTi4h4fa=r••-- �f EEf fffhhh--_ r S 4 � -144•a-141LTiTF�*a*i•a,iaTala+.. •T•a�i�TalriilF�Ti-i OI L-aTi a••"' , '} II'" STAKE (TYP) SIDE AT THE CENTER AT !r, . � t � v"'--a L OIL�i•�*�a•Oi•D�4T�-� ..1T�'l EACH END. AND AT ADOMONAL ' \ \\ i ,i ' 1i}s " POINTS AS NEEDED To SECURE I A .r . • ,f /M. - PLAN LOG, OR AS DIRECTED. SECTION A—A EROSION CONTROL LOG CHECK DAM SECURE END STAKES ON DOWNHILL SIDE OF LOG TO OF LOG AT 8' OC MAX OR AS NEEDED TO SECURE LOG, STAKE (TYP) OR AS DIRtc:i tJ. R.O.W. B�" MULCH CRADLE 1O TEMP. EROSION R.O.W. CONTROL LOG UNDER EROSION DISTURBED AREA CONTROL LOG STAKE a=aS 1'1 FLOW 1a La: ►al i•� JaTiTa la•l=1•- l.L•iTa.,a=s4 i4•a4 I '•LT►I�1T�4Ta 11��al+1TaraTt•a 1TJ 1 I`<•aTL LTi►L� a•aT l• •t•aTL•a1�fY•l♦f �• •••1Ta;9_55-1T•T1•�Ta•rT•T1•.,1•1T--lf•11-i,--rT•1,Z a•-•1•:;;;-.11•,1-�Ta•.T•11•�TL•1T1 BACK OF CURB �` �\ . B-' LIP OF GUTTER 1 4,,,,, . , .,, .. ,...,..,a.. . ,,�.1...�,lrl.�...'a1,1 ‘1,l. 12" TEMP. EROSION PLAN CONTROL LOG LOG PLACED AT BACK OF CURB SECTION B—B (np) 1'` STAKES ON DOYIfNHEL SIDE OF LOG AT 8 OC MAX OR AS SECURE END NEEDED TO SECURE LOG, OR 12' TEMP. EROSION OF LOG TO AS DIRECTED. CONTROL LOG STAKE ) R.O.W. le TEMP. EROSION a �••� CONTROL LOG N F aJ- -thurvauaA5,a5aOa•a►gt*JahNa=Tw.t�•O wmw.Taw.sa MULCH CRADLE .wl.5_ a. aia•. .i 4iI UNDER EROSION Flaw t DISTURBED AREA STAKE I CONTROL LOG . ..:;./. N A , , , -...„, A• • '' \' . BACK OF CURB r i . i � � � �A A t � �5�} PLAN c� \--_ UP OF GUTTER SECTION C—C LOG PLACED AT EDGE OF RIGHT—OF—WAY N 1. DAILY INSPECTION SHALL BE MADE BY THE CONTRACTOR AND SILT ACCUMULATION MUST BE REMOVED WHEN DEPTH REACHES 6.. DIRECTION —\N 1' 2. CONTRACTOR SHALL MONITOR THE PERFORMANCE OF LOGS DURING OF FLOW 1...6-1.1 DIRECTION RAINFALL EVENT FOR PROPER PERFORMANCE. .a..,a=......L=..a r a a a_ 1—OF 3. LOGS SHALL CONSIST OF 100% BIODEGRADABLE. PHOTODEGRADABLE v►alNalr aa1�•alaL•a+�•a1►a�. ,._T;.,r.,l._...,.,.-__.T..1.. OR RECYCLABLE CONTAINMENT MESH STUFFED WITH FILTER av a•a•a•r•a•rva••a•a•avrvru�•�a�- .,a1Pi+a�ra•Ml.�a•.•a•r•a•r•.•ur• - .-a.na•.rvaTa,a•.l r q i��.Ta=rTa�.i4fa=r��a=a,•• • ir,a=.-a••J- �•a=l,a, MATERIAL aTaTl►Ala�+1►:LTr1lT►aTlTr aTaT'�� -'•lla=►a=.•L►a•L a a r a�- 6- 2' 4. STUFF LOGS WITH SUFFICIENT FILTER MATERIAL TO ACHIEVE DENSITY SECURE ENDS THAT WILL HOLD SHAPE WITHOUT EXCESSIVE DEFORMATION. FILTER OF LOGS TO • MATERIAL SHALL CONSIST OF MULCH, ASPEN EXCELSIOR WOOD STAKES (T1'P) FIBERS, CHIPPED SITE VEGETATION, COCONUT FIBERS,100% LAP DETAIL FIBERS, FIBERS, OR ANY OTHER ACCEPTABLE MATERIAL., EXCLUDING STRAW AND HAY. 5. STAKES SHALL BE 2" X 2" WOOD, 4' LONG, EMBEDDED SUCH THAT 2" PROTRUDES ABOVE LOG, OR AS DIRECTED. RECORD SIGNED COPY DRAWING N O: ON FILE AT PUBLIC WORKSCITY OF ROUND ROCK APPROVEDE -17 03-25-11 DATE EROSION CONTROL LOG DETAIL �'. -- TEXAS THE ARCHITECT/ENGINEER ASSUMES 1, P.O.:11,0,PfR1T: RESPONSIBILITY FOR THE APPROPRIATE USE OF THIS DETAIL. (NOT TO SCALE) r CITY OF ROUND ROCK AGREEMENT FOR PURCHASE OF COMPUTER ASSISTED LEGAL AND INVESTIGATIVE RESEARCH SOFTWARE WITH WEST PUBLISHING CORPORATION THE STATE OF TEXAS § CITY OF ROUND ROCK § KNOW ALL BY THESE PRESENTS: COUNTY OF WILLIAMSON § COUNTY OF TRAVIS § THAT THIS AGREEMENT for the purchase of Computer Assisted Legal and Investigative Research (CALIR) for the City of Round Rock's Police Department (referred to herein as the "Agreement"), is made and entered into on this the 17A day of the month of Aupsi , 2021 by and between the CITY OF ROUND ROCK, a Texas home-rule municipality, whose offices are located at 221 East Main Street, Round Rock, Texas 78664-5299 (referred to herein as the "City"), and WEST PUBLISHING CORPORATION, whose offices are located at 610 Opperman Drive, Eagan-, Minnesota-65-1- (referred to herein as "Vendor"). 00414 i23 RECITALS: WHEREAS, City desires to purchase Computer Assisted Legal and Investigative Research (CALIR) for the City's Police Department; and WHEREAS, Chapter 271, Subchapter D of the Texas Local Government Code allows for a local government to participate in a state cooperative purchasing program for the purposes of procuring goods and services; and WHEREAS, the Texas Department of Information Resources ("DIR") is a state approved cooperative purchasing program wherein the state performs purchasing services on behalf of local governments; and WHEREAS, Vendor is an approved DIR vendor; and WHEREAS, the City is permitted to purchase from a DIR Contract and desires to purchase certain goods and services from Vendor's DIR Contract No. DIR-LGL-CALIR-02; and WHEREAS, the parties desire to enter into this Agreement to set forth in writing their respective rights, duties, and obligations; 00472990/ss2 gr2-02-4 -20(0 20.01 ASSIGNMENT AND DELEGATION The parties each hereby bind themselves, their successors, assigns and legal representatives to each other with respect to the terms of this Agreement. Neither party shall assign, sublet or transfer any interest in this Agreement without prior written authorization of the other party. 21.01 NOTICES All notices and other communications in connection with this Agreement shall be in writing and shall be considered given as follows: 1. When delivered personally to the recipient's address as stated in this Agreement; or 2. Three (3) days after being deposited in the United States mail, with postage prepaid to the recipient's address as stated in this Agreement. Notice to Vendor: West Publishing Corporation 610 Opperman Drive •-Engmr, Minnesota -a15A61. 6V,123 Notice to City: City Manager Stephan L. Sheets, City 221 East Main Street AND TO: Attorney 309 East Main Street Round Rock, TX 78664 Round Rock, TX 78664 Nothing contained herein shall be construed to restrict the transmission of routine communications between representatives of City and Vendor. 22.01 APPLICABLE LAW; ENFORCEMENT AND VENUE 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. 23.01 EXCLUSIVE AGREEMENT This document, and all appended documents, constitutes the entire Agreement between Vendor and City. This Agreement may only be amended or supplemented by mutual agreement of the parties hereto in writing, duly authorized by action of the City Manager or City Council. M. o r 4 a.sa• THE CITY OF ROUND ROCK BIDS EXTENDED AND CHECKED Transportation 3400 Sunrise Road � ••:••••••••••••••• K �• auvA i MA BY: Matthew Bushak, P.E. Round Rock, Texas 78665 ......•••••••••"'": DATE: 6l1512021 9 A 480 • 1140% . •�� 10 C E tAA �t• '• ••.....� ��1 4W BID TABULATION SHEET: 1 of 1 CONTRACT: 202I SMP High DensityMineral Bond - Pra'ect A Andale ('onstruetion LOCATION : 3400 Sunrise Rd hound Rock, TX 78665 Statement of Safety? Yes Statement of Safety? Statement of Safety? Statement of Safety? DATE; August 27th, 2019 Addendum(s)? NA Addendum(s)? NA Addendum(s)? NA Addendum(s)? NA Bid Bond? Yes Bid Bond? Bid Bond? Bid Bond? APPROX. UNIT UNIT UNIT UNIT ITEM A, ITEM DESCRIPTION QTY. UNIT PRICE COST PRICE COST PRICE COST PRICE COST Video DVD of Project Areas prier to 1 and after construction 1 LS $2,250.00 $2.250.00 2 Engineered Traffic Control Plan 1 EA $3.000.00 $3.000.00 I Traffic Control Implementation 2 MO ######### $21,362.00 REFL PAV MRK TY I (W) 12" 4 (SLD) (100 MIL) 960 L1~ $9.60 $9.216.00 ------------------- Materials, equipment and labor necessary for High Density Mineral i Band in accordance with project 5 specific notes and specifications 200.000 SY $ -2-ol $654.000.00 TOTAL: $6899828.00 GRAND TOTAL: $689,828.00 ROUND ROCK TEXAS rawsnoRrnnN June 6, 2021 Mayor Craig Morgan Mayor Pro-Tem Rene Flores Councilmembers Michelle Ly Matthew Baker Frank Ortega Kristin Stevens Hilda Montgomery Subject: Recommendation to Award - 2021 Street Maintenance Program Project A High Density Mineral Bond Overlay Dear Mr. Hudder: City Manager Laurie Hadley City Attorney Stephan L. Sheets Bids for the above referenced project were opened on June 4, 2021 at 10 a.m. One (1) responsive bid proposal was received. The bid was opened and read aloud. The submittal was checked for the inclusion of the Statement of Bidder's Safety Experience and bid guarantee. The total bid price was $689,828,00. Andale Construction: $689,828.00 Andale Construction is the apparent low bidder. The engineer's option of probably construction cost for this project was $733,128.00. Based upon my review of the attached Bid Tabulation, I recommend the City of Round Rock accept and consider the bid of Andale Construction for contract award in the amount of $689,828.00. Sincerely, zz� JC (lose) Montelongo II, EIT Associate Engineer/Project Manager CITY OF ROUND ROCK TRANSPORTATION DEPARTMENT • 3400 Sunrise Road, Round Rock, Texas 78665 (P) 512.218 7044 . (F) 512 218-5563 • roundrocktexas.gov CERTIFICATE OF INTERESTED PARTIES FORM 1295 lofl ------ - -------- ---- Complete Nos. 1 4 and s it there are Interested parties. OFFICE USE ONLY compete Nos.1, 21 3* 5, and 6 if there are no interested parties. CERTIFECATION OF FILING - - ----------------- - ------- ----------- ----- I Name of business entity filing form, and the city, state and country of the business entity's place Certificate Number: of business,2021w9769327Andale Construction, Inc ,, Wichita, KS united states 0 Date Filed* --------------- ----- -- --- -- W-0 i -W-NN-0-111 2 ame of'governmehW___86t1tY or staze agencyat Is a party to the contt6&t4oro t e form is O6/2u2021 being filed,, City of Round Rock, Texas Date Acknowledged, -0-610- 0 __11-IN NOMM - ---------- ------- - - g Provide the identification number used by the governmental entity or state -agency to track or identifythe- contract, and provide a description of the services, goods, or other property to be provided under the contract 2021 SMP High Density Mineral Installa0on of High Density Mineral Bond ------------- ---- --- ------ N N ft, ------------ q Nature of interest Pfb(oheck 11Name of InterestedCity, IY State, ace 0 usiness11'applicable} -------------- - - - Controlling Intermediary ON--- 5 - - -------------------- ----------- -- - - - ----- ---- ------ --------------- ------------------------- - ------- - - ----- --------------------- -- - ----- NN --------- —Win ----------- --- --- --------- it* -- - - -- ------- - - -- - --------- - --- --- !W-W ON -i W ---------- -W ------- ------- N-UN! ----- WN ----------- - ------ ------- ----------- - ---------- Mi------ - -- - --------- 011_1 ON ------- ----- - --------- - --------------- --------------- -- W -------- Mi NN-11M W-W ------ FBI- W-Nuft- T ------- ------ Wi -- ---- --------- W Check only it there Is iV0 Interested Party, X] - - -------- -- --------------- ---- ----------- ------- 6 UNSWORN DECLARATION My name Is Peter --- J. Molitor President Andale Construction Inc oo - - ,and my date of birth is 04t21/197 is 442 Seyy-------,- ---- ------------- Andale - ------- It KS 67001 -usA (street) (city) (state) (zip code) (country) I declare under penalty of perjury that the foregoing is true and correct Executed In Seclgwick County, State of K8t1S3S on the 21st day of im - --, 2o.�L_. - (month) (year � 4i Peter J. Moftr w Pmsident / Andale Consrudon, Im NOW 101101101011110111-0 Si #alu re of authorized agent of contracting business entity (Declarant) - - ---- ---- saw Forms provided by Texas Ethics Commission www, ethics stateAx,, us ------- ------ Version V1.1.ceffd98a CERTIFICATE OF INTERESTED PARTIES FORM 1295 10fl Complete Nos, 1 4 and 6 if there are interested parties. OFFICE USE ONLY Complete Nos, 1, 21 31 5, and s 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. 2021-769327 Andale Construction, Inc. Wichita, KS United States Date Filed: 2 Name of governmental entity or state agency that is a party to the contract for which the form is 06/21/2021 being filed. City of Round Rock, Texas Date Acknowledged: 06/29/2021 g 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. 2021 SMP Heigh Density Mineral Installation of High Density Mineral Bond 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling Intermediary 5 Check only if there is NO Interested Party. X 6 UNSWORN DECLARATION My name is ,and my date of birth is My address is (street) (city) (state) (zip code) (country) declare under penalty of perjury that the foregoing is true and correct. Executed in County, State of , on the day of , 20 (month) (year) Signature of authorized agent of contracting business entity (Declarant) Forms provided by Texas Ethics Commission www,ethics.state.tx,us Version vi.i.cettag8a,