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Contract - Patin Construction, LLC - 12/16/2021
CITY OF ROUND ROCK /ORIGINAL TRANSPORTATION DEPARTMENT TEXASROUND ROCK Project Manual dor; FM 146 0/AW Grimes Blvd Northbound Right Turn Lanes at Old Settlers Blvd & Chandler Creek Blvd. September 2021. �. Prepared By: °` ,w............. a.aKoc P 121625 ,s A�oNAL Andrea Ilacinski, P.E. 091-7412021 APPF'-IOVED BY CP&Y Inc. ATTORNEY TY 13809 Research Blvd, Ste 300 Austin, TX 78750 512.349.0700 TBPE Firm Registration No 1741 FM 1460/AW Grimes Blvd Northbound Right Turn Lanes at Old Settlers Blvd & Chandler Creek Blvd. TABLE OF CONTENTS Section Description No. of Pages 00020 Notice to Bidders I 00100 Instructions to Bidders 4 Exhibit A 1 00200 Bid Bond 2 00300 Bid Form 17 00410 Statement of Bidder's Safety Experience 1 00500 Agreement 5 00600 Insurance&Construction Bond Forms Performance&Payment Bond Instructions I Insurance Instructions 1 00610 Performance Bond 2 00620 Payment Bond 2 00650 Certificate of Liability Insurance 1 00700 General Conditions 41 00800 Supplemental General Conditions 2 00900 Special Conditions 5 01000 Technical Specifications 56 02000 Plans,Details and Notes 1 8-2016 Table of Contents 00090665 04020 NOTICE TO BIDDERS NOTICE TO BIDDERS Sealed bids addressed to JC Montelongo 11, City of Round Rock, 1'ransportation Department, 3400 Sunrise Drive. Round Rock. TX 78665. Corfurnishing all labor, material and equipinent and performing all work required for the project titled, YNI 1460/ANV Grimes Blvd (CORStt-LICt northbound right turn lanes at Old Settlers Blvd & Chandler Creek Blvd), will be received until 'Tuesday, October 26, 2021 at 2:00 pin, then publicly opened and read aloud at the same address. Bid envelopes shall state date and time of bid and "FM 1460/AW Grimes Blvd Project". '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 No bids may be withdrawn after the scheduled opening time.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 oil City of Round Rock bid t"ornis 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: littL):/h%,ww.i-ouiidrocktexas,!�l-ovlbtisitiesses/solicitatioiis/ and https:// www.civeastusa.corn. Bidders shall be responsible for printing or obtaining prints of the aforementioned documents as necessary. For questions, please contact the City's Project Manager, JC Mantelongo 11 —(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 re I reject any or all bids and to waive any informalities and irregularities in the bids received. The Successful bidder will be expected to execute the City of Round Rock's standard contract and to furnish performance and payment bonds, all as described in the bid documents. Contractors and subcontractors shall pay to laborers, workmen, and mechanics the prevailing wage rates as determined by the City of Round Rock. A non-mandatory Pre-Bid conference will be held at 3400 Sunrise Road., Round Rock, Texas on Wednesday, October 13, 2021 at 2:00 pin. Publish Dates: Round Rock Leader: September 30"', October 7"', and October 141", 2021 00020 10-2019 Notice to Bidders 0019303 00100 INSTRUCTIONS TO BIDDERS INSTRUCTIONSTO BIDDERS I Prior to submitting any bid, bidders are required to read all drawings (plans), specifications, and all other Project Manual and/or Contract J.")OCUrrients carefully; to inform themselves by then- 'Independent research, test and investigation of the dif-Ticultles to be encountered and ,judge for themselves of the accessibility of the Work and all attending circumstances affecting the cost of doing the Worlc and the time required for its completion and obtain all information required to triake a.bid.The aforementioned documents may only be obtained from the City's website at tile following web address: www.roundrocictexas.gov businesses/solicitations and www.civcastitisaxorn. Bidders shall be responsible for printing or obtaining prints of the aforementioned documents as necessary. 2. Should the bidder find discrepancies in, or omissions l7rorn the drawings (plans), specifilcations, or other Project Manual and/or Contract DocLanents, or should he be in doubt as to their nacaning, he Should notify at once the City and obtain clarification or addendurn prior to submitting any bid. Any addenda issued will be posted with the documents at the web address mentioned in I 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 tile bidder to see that his bid is received at tile place and tune named in the Notice to Bidders in the Project Manual, Bids received after (:he scheduled opening tirric will be returned unopened. 4. Bids shall bC submitted in scaled envelopes plainly inai-kcd "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 (if the City's Bid Form, Bid Bond Form, and Statement of Bidder's Safety Experience frorn the Project NIallual documents posted at the web address as described in I above. 6. Bids shall be accompanied by a bid security consisting of a certified cashier's check in an aniOLLtlt not less than five percent (5%) of tile total niaxilnUrn bid price, payable without I-CCOLITSe to the City of Round Rock, or a bid botid in the sane an1OLLnt 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 Itern 16 below, within tcn (10)days after-notice of award o1'contract to him. Bid securities must be submitted in the same scaled envelope with the bid. Bids Submitted Without a bid security may not be considered at the sole discretion of the Page I 00100 2-2021 Instructions to ffidderS 00426487 7. If awarded the bid, bidder niust submit Forni 1295 on (lie Texas Ethics Corninission (TEC) Website at https://www.etliies.stal,c.tx.tis/)vliatstici),/elf info form1295.htm and submit the signed Form 1295 to the City Clerk at iiispiiiiis(iii-ouii(ii-()cl,texas.,<),oN! within ten (10) business days of notification of the award. Instructions for completing a Form 1.295 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 rnust 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 aUtOrnatically become null and void. 10. A bidder wishing to revise his sealed bid after submittal but before the scheduled bid opening tirne must first withdraw his bid as provided for in the Instructions to Bidders and thensubl-nit a sealed bid in accordance with the histRICtiOnS to Bidders. No revisions to a bid will be allowed after the scheduled bid opening tirne. 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 fterbids are opened,, except those which the City elects to hold until the Successful bidder has executed the Acreernent. Thereafter, all remaining securities, including security of the 1-1 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 C, waive technicalities; to advertise for new bids; or to do the work otherwise when the best interest of"the City will be thereby prornoted. 13. In case of ambiguity or tack 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 niky result in rejection Of Such bid or other bids. 14. Award of the contract, if awarded, will be made based upon the criteria set forth in Section 2269.055 of the Texas Government Code. In determining the award of a contract under Chapter 2269, the City may consider; 1) the price, 2) the bidder's experience; 3) the quality ofthe bidder's goods or services;4) the impact on the ability of the City to comply with rules relating to historical])/ underutilized business; 5) the bidder's safety record, 6) the bidder's proposed personnel; 7)whether the bidder's financial capability is appropriate to the size and scope of'the project;and 8)any other relevant factor specifically listed in the request For bids. Page 2 00](11)2-2021 Instrucuons to Bidder,-, 00426487 15. Award of the contract, if awarded, will be made within sixty (60) days after opening of the bids, and no bidder may withdraw his bid within said sixty (60) day period of time unless a prior award is made. A Notice to Proceed will be issued within sixty (60) days after contract Execution Date as defined in the General Conditions. 16. Within ten (10)days after written notification of award of the contract, the successful bidder must furnish a performance bond and a payment bond in the amount of one hundred percent (100%) of the total Contract Amount. Said performance bond and payment bond shall be from an approved surety company holding a pen-nit 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 (I) hold a certificate of authority from the United States secretary of the treasury to qualify as a surety on obligations permitted or required under federal law; or(2) have obtained reinsurance for any liability in excess of$100,000.00 from a reinsurer that is authorized and admitted as a reinsurer in this state and is the holder of a certificate of authority from the United States secretary of the treasury to qualify as a surety or reinsurer on obligations permitted or required under federal law. In determining whether the surety or reinsurer holds a valid certificate of authority, the City may rely on the list of companies holding certificates of authority as published in the Federal Register covering the date on which the bond is to be executed. 17. Failure to execute the Agreement within ten (10) days of written notification of award or failure to furnish the performance bond and payment bond as required by item 15 above, shall be just cause for the annulment of the award. In case of annulment of the award,the bid security shall become the property of the City, not as a penalty, but as liquidated damages. 18. No contract shall be binding upon the City until it has been signed by its Mayor after having been duly authorized to do so by the City Council. 19. The Contractor shall not commence Work under the Agreement until he has furnished certification of all insurance required and such has been approved by the City,nor shall the Contractor allow any Subcontractor to commence work on his subcontract until proof of all similar insurance that is required of the subcontractor has been furnished and approved. The Contractor's insurer shall use the certificate of insurance form included in the bid documents or the standard ACORD form. 20. If the bidder's insurance company is authorized, pursuant to its agreement with bidder, to arrange for the replacement of a loss, rather than by making a cash payment directly to the City, the insurance company must furnish or have furnished by bidder, a performance bond in accordance with Section 2253.021(b), Texas Government Code, and a payment bond in accordance with Section 2253.021(c). 21. Any quantities given in any portion of the Bid Documents, including the drawings (plans), are estimates only, and the actual amount of work required may differ somewhat from the Page 3 00100 2-2021 Instructions to Bidders 00426487 estimates, The basis for payment shall be the actual amount of work done and/or material furnished as specified in the General Conditions. 22. Bids shall be submitted on a separated contract basis. No Texas sales tax shalt be included in the prices bid for materials consumed or incorporated into the Work.This contract is issued by an organization which is qualified for exemption pursuant to the provisions of Section 151.309(5) of the Texas Tax Code. The City will issue an exemption certificate to the Contractor. The Contractor must then issue a resale certificate to the material supplier for materials purchased. The Contractor must have a valid sales tax permit in order to issue a resale certificate. Upon obtaining consumable materials, the Contractor will issue a resale certificate in lieu of payment of sales tax, and the following conditions shall be observed; I 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 wi I I not be made directly but considered subsidiary to the pertinent bid item. The Contractor's monthly estimate will state that the estimate includes consumables that were received during the month covered by the estimate; and 3) The designated representative of the City must be notified as soon as possible of the receipt of these materials so that an inspection can be made by the representative.Where practical, the materials will be labeled as the property of the City. 23. The Contractor, after execution of the contract and pursuant to Internal Revenue Service (IRS) regulations, shall furnish its Taxpayer Identification Number (TIN) to the City. The Contractor shall provide the appropriate information on a W-9 form(which can be provided by the City upon request). This form shall be submitted directly to the City's Accounts Payable Department to ensure security of the information. 24. If the Bid Form includes Add and/or Deduct Alternate bid items and/or otherwise provides for Alternate bids, the City will determine whether to select or not select one or more of the Add andJor Deduct Alternate bid items and/or Alternate bids at the City's sole discretion and for its greatest advantage. If the City selects any Add and/or Deduct Alternate bid items, the total bid amount will be determined by adding the amount of the selected Add Alternate(s) to, and deducting the amount of the selected Deduct Altemate(s) from the Base Bid or the selected Alternate bid. Page 4 00100 2-2021 Instructions to Bidders 00426487 EXHIBIT "A" FORM 1295 INSTRUCTIONS Pursuant to Section 2252.90 of the Texas Government Code, as of.lanuary 1. 2016. any, business entity entering into a contract with a local government that reqUires, approval of the governing body Must Submit a diSCIOSLire of interested parties(Form 1295) to tile local governmental prior to the execution ofthe contract. 'rhe Texas Ethics Commission (171,C) has created an electronic filing application for business entities to Submit the required information and generate the required I"brin. The City of Round Rock may not enter into a contract that requires tile approval of the City Council until the business entity files a Form 1.205 with the City Clerk. Please follow tile instructions below to file your Form 1295 with the TEC and the City of ROUnd Rock: • Upon being notified of bid award, the award recipient ("business entity") rnL1S1 go 10 the following website: and follow the login instrLICtiOlIS on the website application to complete a I'orin 1295. ✓ If this is a business entity's first time logging oil to the website application, the business entity 111LISt create a Username and Password and then follow the application's instructions to complete a Form 1295. V The City (toes not]lave 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 pr(Ject name. ✓ Even ira 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 1ew instances that a bLiSi]ICSS Will not ]lave any interested parties. Visit the TEC's T-AQ) page, for the definition ofan interested party. V If a bLiShICSS is publicly traded, they are exempt from having to complete a Form 1295, Please e-mail'tile Z7 City Clerk stating Such. ZD • 'rhe business entity MUST print and sign the completed Foram 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 tile City Clerk at iiisl)iiikS((r:�l-OLindi-ocktexa.s.�o as soon as it is completed. DO NOT send the form back to the Purchasing Department, Project Manager, or mail it with agreements/contracts. signed original t�l C� r:1 ✓ The City Clerk only has 30 days from receipt to acknowledge the form in (lie TEC system. I fyou do not return it to the City Clerk promptly, and the 3)0 days has expired when she receives it, you WI L.1- ]lave 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 tile TEC website application. Ifyou have any questions regarding file process of filing ofCorm1295 with the City, please contact: Meagan Spinks, City Clerk ['hone: (5 12) 218-5404 I--in ai I t qx Lis.zsazr If YOU have questions regarding the actual form or the online filing, application., please visit the"1'f C's FAQ page: lorin 119S.ph Revised 8/2020 00200 BID BOND R "BIL) BOND "ITIES]"ATE OF TEXAS § § KNOW ALL BY THESE PRESENTS: COUNTY OF WILLIAMSON § Thai Patin Construction, LLC ofthe City of Taylor Count), of Williamson State of Texas as Principal, and J-1a co National Insurance CompallyaUthorized under the laws of the State ofTexas 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 Pet-cent(5%)ofthe total amount ofthe Bid ofthe 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 ofthe Surety hereunder exceed the sum of( Five-Percent ol'Greatest Amount Bid Dollars ($ 5%GAB _). THE CONDITIONS OF THIS OBLIGATION ARE SUCH that. whereas., the Principal has Submitted the above-referenced Bid to the Owner. for construction Of tile Work under the "Specifications for Construction of FM 1460/AW Grimes Blvd Northbound Right'I'Llra Lanes at Old Settlers Blvd & Chandler Creek Blvd. For which Bids are to be opened at the office of Owner on the 2nd day of November 2021 . NOW,THEREFORE,if tile Principal is awarded the Contract,and within the time and manner re(JUired under the"Instructions to Bidders."after the prescribed forms are presented to her/him for signature,enters into a written Agreement substantially in the forni contained in the Bid DOCUrnentS, 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. I1", 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 Did DOCUIlleill.S. Surety within I ive(5) business days after receipt of a written dernand from Owner shall pay to Owner the full penal sum ofthis 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 SLICh Suit, inCiLiding 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 tile 2nd day of the month of' November 20 21 . Harco National Insurance Company- 11'rincipal_. Surety Kenneth Nitsche Printed Nan?e Printed Name M . Bv: Title: 4, itle: Attorney-In-Fact Address: '3800 W, 2nd Street Address: One Newark Center, 20th I`I or Tavlor. TX 76574 Newark. NJ 07102 00200 41-2020 1 Bid 13011d 00443638 Resident Agent Of Sum y: Siomature I Kenneth Nitsche Printed Name 143 E. Austin Street Address Giddings, TX 78942 City, State,Zip Vagc 2 00»0«±7 Bid Bond 00443638 POWER OF ATTORNEY bond# N/A HARCO NATIONAL INSURANCE COMPANY INTERNATIONAL FIDELITY INSURANCE COMPANY Member companies of IAT Insurance Group,Headquartered;702 Oberlin Road,Raleigh,North Carolina 27805 KNOW ALL MEN BY THESE PRESENTS:That HARCO NATIONAL INSURANCE COMPANY,a corporation organized and existing under the laws of the State of Illinois,and INTERNATIONAL FIDELITY INSURANCE COMPANY,a corporation organized and existing under the laws of the State of New Jersey,and having their principal offices located respectively in the cities of Rolling Meadows,Illinois and Newark,New Jersey,do hereby constitute and appoint GARY A. NITSCHE, VIOLET J. FROSCH, NINA K. SMITH, KENNETH NITSCHE, ROBERT K. NITSCHE, CRAIG T. PARKER, ROBERT JAMES NITSCHE Giddings, TX their true and lawful attorney(s)-in-fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof,which are or may be allowed,required or permitted by law,statute,rule,regulation,contract or otherwise, and the execution of such instrument(s) in pursuance of these presents, shall be as binding upon the said HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE COMPANY,as fully and amply,to all Intents and purposes,as if the same had been duly executed and acknowledged by their regularly elected officers at their principal offices. This Power of Attorney is executed,and may be revoked,pursuant to and by authority of the By-Laws of HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE COMPANY and is granted under and by authority of the following resolution adopted by the Board of Directors of INTERNATIONAL FIDELITY INSURANCE COMPANY at a meeting duly held an the 13th day of December,2018 and by the Board of Directors of HARCO NATIONAL INSURANCE COMPANY at a meeting held on the 13th day of December,2018. "RESOLVED, that (1) the Chief Executive Officer, President, Executive Vice President, Senior Vice President, Vice President, or Secretary of the Corporation shall have the power to appoint,and to revoke the appointments of,Attomeys4n-Fact or agents with power and authority as defined or limited in their respective powers of attorney, and to execute on behalf of the Corporation and affix the Corporation's seal thereto, bonds, undertakings, recognizances,contracts of indemnity and other written obligations in the nature thereof or related thereto; and(2)any such Officers of the Corporation may appoint and revoke the appointments of joint-control custodians, agents for acceptance of process,and Attorneys-in-fact with authority to execute waivers and consents on behalf of the Corporation;and(3)the signature of any such Officer of the Corporation and the Corporation's seal may be affixed by facsimile to any power of attorney or certification given for the execution of any bond,undertaking,recognizance,contract of Indemnity or other written obligation in the nature thereof or related thereto,such signature and seals when so used whether heretofore or hereafter,being hereby adopted by the Corporation as the original signature of such officer and the original seal of the Corporation,to be valid and binding upon the Corporation with the same force and effect as though manually affixed." IN WITNESS WHEREOF,HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE COMPANY have each executed and attested these presents on this 31st day of December,2018 ,,., ;`"t tNSt/A'' �ZbIi 1 `I'i STATE OF NEW JERSEY STATE OF ILLINOIS �CfpoAQt?t,�i. �aRq County tyof Essex County of Cook C2 31: L SEAL- Qt»aa - JE # Kenneth Chapman •`•.aK►.'.•.... •-'V' ` Executive Vice President,Harco National Insurance Company �''••• •••''` and International Fidelity Insurance Company On this 31st day of December,2018 before me came the individual who executed the preceding instrument,to me personally known,and, being by me duly swam,said he is the therein described and authorized officer of HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE COMPANY;that the seals affixed to said instrument are the Corporate Seals of said Companies;that the said Corporate Seals and his signature were duly affixed by order of the Boards of Directors of said Companies. S`A �,� IN TESTIMONY WHEREOF,I have hereunto set my hand affixed my Official Seal,at the City of Newark, rC�"... ^.. : New Jersey the day and year first above written. Q;- Axp. '•., !/JE bis�•*` 5hirelle A.Outlay a Notary Public of New Jersey My Commission Expires April 4,2023 CERTIFICATION I,the undersigned officer of HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE COMPANY do hereby certify that I have compared the foregoing copy of the Power of Attorney and affidavit,and the copy of the Sections of the By-Laws of said Companies as set forth in said Power of Attorney,with the originals on file in the home office of said companies,and that the same are correct transcripts thereof,and of the whole of the said originals,and that the said Power of Attorney has not been revoked and is now in full force and effect. IN TESTIMONY WHEREOF,I have hereunto set my hand on this day, November 02,2021 A00134 - Irene Martins,Assistant Secretary 00300 BID FORM BID FORM PROJECT NAME: FM 1460/AW Grimes Blvd Northbound Right Turn Lanes PROJECT LOCATION: Round Rock,Texas OWNER: City of Round Rock,Texas DATE: Gentlemen: Pursuant to the foregoing Notice to Bidders and Instructions to Bidders, the undersigned bidder hereby proposes to do all the Work, to furnish all necessary superintendence, labor, machinery, equipment, tools, materials, insurance and miscellaneous items, to complete all the Work on which he bids as provided by the attached Bid Documents,and as shown on the plans for the construction of FM 1460/AW Grimes Blvd Northbound Riot Turn Lanes at Old Settlers Blvd&Chandler Creek Blvd. and binds himself on acceptance of this bid to execute the Agreement and bond for completing said Work within the time stated,for the following prices,to wit: Any addenda issued will be posted with the Project Manual and/or Contract Documents on the City's website at roundrocktexas.gov/solicitations by the close of business on 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". Addendum#1 10/29/2021 BASE BID Bid Approx. Item Description Item Q►uantit Unit and Written Unit Price Unit Price Amount 1 8.05 STA 100 6002 PREPARING ROW complete in place per for Twelve Thousand dollars and zero cents. $ 12,000.00 $ 96,600.00 2 877 LF 104 6022 REMOVING CONC (CURB AND GUTTER) complete in place per for Five dollars and zero cents. $ 5.00 $ 4,385.00 3 515 SY 104 6015 REMOVING CONC (SIDEWALKS) complete in place per for Fifteen dollars and zero cents. $ 15.00 $ 7,725.00 00300-8-2021 Page 1 of 15 Bid Form BASE BID Bid Approx. Item Description Item Quantit Unit and Written Unit Price Unit Price Amount 4 120 SY 104 6017 REMOVING CONC (DRIVEWAYS) complete in place per for Twenty dollars and zero cents. $ 20.00 $ 2,400.00 5 92 SY 105 6074 REMOVING STAB BASE AND ASPH PAV(41t) complete in place per for Twenty five dollars and zero cents. $ 25.00 $ 2,300.00 6 87 SY 105 6090 RMV STAB BS & ASPH PAV(11.50-22") complete in place per for Fifty dollars and zero cents. $ 50.00 $ 4,350.00 7 4 EA 690 6057 REMOVAL OF PEDESTRIAN RAMPS complete in place per for Seven hundred fifty dollars and zero cents. $ 750.00 $ 3,000.00 8 1013 CY 110 6001 EXCAVATION (ROADWAY) complete in place per for Twenty dollars and zero cents. $ 20.00 $ 20,260.00 9 88 CY 132 6005 EMBANKMENT (FINAL)(ORD COMP)(TY C) complete in place per for Ten dollars and zero cents. $ 10.00 $ 880.00 00300-8-2021 Page 2 of 15 Bid Form BASE BID Bid Approx. Item Description Item Quantit Unit and Written Unit Price Unit Price Amount 10 525 CY 247 6044 FL BS (CMP IN PLC)(TY A GR 4)(FNAL POS) complete in place per for Sixty dollars and zero cents. $ 60.00 $ 31,500.00 11 2 TON 260 6002 LIME(HYDRATED LIME (SLURRY)) complete in place per for Two hundred fifty dollars and zero cents. $ 250.00 $ 500.00 12 1574 SY 260 6027 LIME TRT(EXST MATL)(8") complete in place per for Twelve dollars and zero cents. $ 12.00 $ 18,888.00 13 221 GAL 310 6027 PRIME COAT(MC-30 OR AE-P) complete in place per for Nine dollars and zero cents. $ 9.00 $ 1,989.00 14 182 TON 3076 6006 D-GR HMA TY-B PG70-22 complete in place per for One hundred fifty dollars and zero cents. $ 150.00 $ 27,300.00 15 132 TON 3076 6023 D-GR HMA TY-C PG70-22 complete in place per for One hundred sixty five dollars and zero cents. $ 165.00 $ 21,780.00 00300-8-2021 Page 3 of 15 Bid Form BASE BID Bid Approx. Item Description Item {Quantit Unit and Written Unit Price Unit Price Amount 16 132 TON 3076 6024 D-GR HMA TY-C i SAC-A PG70-22 complete in place per for One hundred seventy one dollars and zero cents. $ 171.00 $ 22,572.00 17 1 EA 496 6002 R.EMOV STR(INLET) complete in place per for One thousand dollars and zero cents. $ 1,000.00 $ 1,000.00 18 852 LF 529 6008 CONC CURB & GUTTER(TY 1.1) complete in place per for Twenty dollars and zero cents. $ 20.00 $ 17,040.00 19 476 SY 5316003 CONC SIDEWALKS (6,t) complete in place per for Seventy dollars and zero cents. $ 70.00 $ 33,320.00 20 2 EA 5316004 CURB RAMPS (TY 1) complete in place per for One thousand five hundred dollars and zero cents. $ 1,500.00 $ 3,000.00 21 1 EA 5316005 CURB RAMPS (TY 2) complete in place per for One thousand five hundred dollars and zero cents. $ 1,500.00 $ 1,500.00 00300-8-2021 Page 4 of 15 Bid Form BASE BID Bid Approx. Item Description Item Quantit Unit and Written Unit Price Unit Price Amount 22 1 EA 531 6013 CURB RAMPS (TY 10) complete in place per for One thousand five hundred dollars and zero cents. $ 1,500.00 $ 1,500.00 23 9 MO 502 6001 BARRICADES, SIGNS AND TRAFFIC HANDLING complete in place per for One thousand five hundred dollars and zero cents. $ 1,500.00 $ 13,500.00 24 2 EA 644 6001 IN SM RD SN SUP&AM TYIOBWG(1)SA(P) complete in place per for Eight_hundred ten dollars and zero cents. $ 810.00 $ 1,620.00 25 2 EA 644 6068 RELOCATE SM RD SN SUP&AM TY IOBWG complete in place per For Five hundred ten dollars and zero cents. $ 510.00 $ 1,020.00 26 543 LF 666 6036 REFL PAV MRK TY I (W)8"(SLD)(100MIL) complete in place per for Six dollars and zero cents. $ 6.00 $ 3,258.00 27 79 LF 666 6042 REFL PAV MRK TY I (W)12"(SLD)(I OOMIL) complete in place per for Fifteen dollars and zero cents. $ 15.00 $ 1,185.00 00300-8-2021 Page 5 of 15 Bid Form BASE BID Bid Approx. Item Description Item Quantit Unit and Written Unit Price Unit Price Amount 2$ 22 LF 666 6048 REEL PAV MRK TY I r (W)24"(SLD)(IOOMIL) complete in place per for Thirty five dollars and zero cents. $ 35.00 $ 770.00 29 4 EA 666 6054 REFL PAV MRK.TY I (W)(ARROW)(100MIL) complete in place per for Two hundred forty dollars and zero cents. $ 240.00 $ 960.00 30 4 EA 666 6078 REFL PAV MRK TY I (W)(WORD)(1 OOMIL) complete in place per for Three hundred thirty dollars and zero cents. $ 330.00 $ 1,320.00 31 27 EA 672 6007 REFL,PAV MRKR TY I-C complete in place per for Ten dollars and zero cents. $ 10.00 $ 270.00 32 930 SY 162 6002 BLOCK.SODDING complete in place per for Seven dollars and zero cents. $ 7.00 $ 6,510.00 33 19 MG 168 6001 VEGETATIVE WATERING complete in place per for One hundred dollars and zero cents. $ 100.00 $ 1,900.00 00300-8-2021 Page 6 of 15 Bid Form BASE BID Bid Approx. Item Description Item Quantit Unit and Written Unit Price Unit Price Amount 34 144 LF 506 6040 BIODEG EROSN CONT LOGS (INSTL) (8"') complete in place per for Four dollars and zero cents. $ 4.00 $ 576.00 35 144 LF 506 6043 BIODEG EROSN CONT LOGS (REMOVE) complete in place per for One dollars and zero cents. $ 1.00 $ 144.00 36 3 EA 410 6009 REMOVE RD IL ASM (TRANS-BASE) complete in place per for Six hundred dollars and zero cents. $ 600.00 $ 1,800.00 37 24 LF 416 6029 DRILL SHAFT(RDWY ILL POLE) (30 IN) complete in place per for Three hundred dollars and zero cents. $ 300.00 $ 7,200.00 38 3 EA 610 6198 IN RD IL(TY SA) 40B- 8 (250W EQ) LED complete in place per for Four thousand seven hundred dollars and zero cents. $ 4,700.00 $ 14,100.00 39 678 LF 618 6046 CONDI(PVC)(SCH 80) (2") complete in place per for Thirty four dollars and zero cents. $ 34.00 $ 23,052.00 00300-8-2021 Page 7 of 15 Bid Farm BASE BID Bid Approx. Item Description Item Quantit Unit and Written Unit Price Unit Price Amount 4_0 94 LF 618 6047 CONDT(PVC) (SCH 80) (2") (BORE) complete in place per for One hundred eight dollars and zero cents. $ 108.00 $ 10,152.00 41 678 LF 620 6009 ELEC CONDR(NO.6) BARE complete in place per for Two dollars and forty cents. $ 2.40 $ 1,627.20 42 1356 LF 620 6010 ELEC CONDR(N0.6) INSULATED complete in place per for Two dollars and forty cents. $ 2.40 $ 3,254.40 43 4 EA 624 6002 GROUND BOX TY A (122311)W/APRON complete in place per for One thousand five hundred dollars and zero cents. $ 1,500.00 $ 6,000.00 44 22 LF 416 6034 DRILL SHAFT(TRF SIG POLE)(48 IN) complete in place per for Six hundred sixty dollars and zero cents. $ 660.00 $ 14,520.00 45 20 LF 618 6046 CONDT(PVC) (SCH 80) (2") complete in place per for Sixty dollars and zero cents. $ 60.00 $ 1,200.00 00300-8-2021 Page 8 of 15 Bid Form BASE BID Bid Approx. Item Description Item Quantit Unit and Written Unit Price Unit Price Amount 46 90 LF 618 6053 CONDT(PVC) (SCH 80) (Y) complete in place per for Seventy eight dollars and zero cents. $ 78.00 $ 7,020.00 47 110 LF 620 6007 ELEC CONDR(NO.8) BARE complete in place per for Two dollars and forty cents. $ 2.40 $ 264.00 48 160 LF 620 6008 ELEC CONDR(NO.8) INSULATED complete in place per for Two dollars and forty cents. $ 2.40 $ 384.00 49 70 LF 6216002 TRAY CABLE(3 CONDR) (12 AWG) complete in place per for Six dollars and zero cents. $ 6.00 $ 420.00 50 1 EA 680 6004 REMOVING TRAFFIC SIGNALS complete in place per for Three thousand six hundred dollars and zero cents. $ 3,600.00 $ 3,600.00 51 2 EA 680 6011 INSTALL HWY TRF SIG(UPGRADE) complete in place per for Three thousand six hundred dollars and zero cents. $ 3,600.00 $ 7,200.00 00300-8-2021 Page 9 of 15 Bid Form BASE BID Bid Approx. Item Description Item Quantit Unit and Written Unit Price Unit Price Amount 52 4 EA 682 6001 VEH SIG SEC (12")LED(GRN) complete in place per for Three hundred sixty dollars and zero cents. $ 360.00 $ 1,440.00 53 1 EA 682 6002 VEH SIG SEC (12")LED(GRN ARW) complete in place per for Three hundred sWy dollars and zero cents. $ 360.00 $ 360.00 54 4 EA 682 6003 VEH SIG SEC (I2")LED(YEL) complete in place per for Three hundred sixty dollars and zero cents. $ 360.00 $ 1,440.00 55 I EA 682 6004 VEH SIG SEC (12")LED(YEL ARW) complete in place per for Three hundred sixty dollars and zero cents. $ 360.00 $ 360.00 56 4 EA 682 6005 VEH SIG SEC (12")LED(RED) complete in place per for Three hundred sixty dollars and zero cents. $ 360.00 $ 1,440.00 57 2 EA 682 6006 VEH SIG SEC (12")LED(RED ARW) complete in place per for Three hundred sixty dollars and zero cents. $ 360.00 $ 720.00 00300-8-2021 Page 10 of 15 Bid Form BASE BID Bid Approx. Item Description Item Quantit Unit and Written Unit Price Unit Price Amount 58 2 EA 682 6018 PED SIG SEC (LED)(COUNTDOWN) complete in place per for Seven hundred eighty _ ,dollars and zero cents. $ 780.00 $ 1,560.00 59 4 EA 682 6029 BACK.PLATE(12")(3 SEC)ALUM complete in place per for One hundred dollars and zero cents. $ 100.00 $ 400.00 60 1 EA 682 6030 BACK PLATE(12")(4 SEC)ALUM complete in place per for One hundred twenty dollars and zero cents. $ 120.00 $ 120.00 61 300 LF 684 6031 TRF SIG CBL(TY A)(14 AWG)(5 CONDR) complete in place per for Three dollars and sixty cents. $ 3.60 $ 1,080.00 62 330 LF 684 6033 TRF SIG CBL(TY A)(14 AWG)(7 CONDR) complete in place per for Six dollars and zero cents. $ 6.00 $ 1,980.00 63 35 LF 684 6046 TRF SIG CBL(TY A)(14 AWG)(20 CONDR) complete in place per for Seven dollars and twenty cents. $ 7.20 $ 252.00 00300-8-2021 Page 11 of 15 Bid Form BASE BID Bid Approx. Item Description Item Quantit Unit and Written Unit Price Unit Price Amount 64 165 LF 684 6080 TRF SIG CBL(TY C)(14 AWG)(2 CONDR) complete in place per for Two dollars and fifty cents. $ 2.50 $ 412.50 65 1 EA 686 6064 INS TRF SIG PL AM(S)I ARM(60")LUM&ILSN complete in place per for Forty three thousand two hundred dollars and zero cents. $ 43,200.00 $ 43,200.00 66 3 EA 687 6001 PED POLE ASSEMBLY complete in place per for Four thousand one hundred dollars and zero cents. $ 4,100.00 $ 12,300.00 67 12 EA 688 6001 PED DETECT PUSH BUTTON (APS) complete in place per for Eight hundred forty dollars and zero cents. $ 840.00 $ 10,080.00 68 2 EA 688 6003 PED DETECTOR CONTROLLER UNIT complete in place per for Three thousand four hundred dollars and zreo cents. $ 3,400.00 $ 6,800.00 69 1 EA 690 6026 INSTALL OF SIGNAL HEAD ASSM complete in place per for Three hundred dollars and zero cents. $ 300.00 $ 300.00 00300-8-2021 Page 12 of 15 Bid Form BASE BID Bid Approx. Item Description Item Quandt Unit and Written Unit Price Unit Price Amount 70 10 EA 690 6030 REMOVAL OF PEDESTRIAN PUSH BUTTONS complete in place per for Sixty eight dollars and zero cents. $ 68.00 $ 680.00 71 1 EA 690 6089 REMOVE PED POLE ASSM complete in place per for One hundred twenty dollars and zero cents. $ 120.00 $ 120.00 72 1 EA 6002 6002 VIVDS CAMERA ASSEMBLY complete in place per for Four thousand six hundred dollars and zero cents. $ 4,600.00 $ 4,600.00 73 1 EA 6002 6003 VIVDS SET-UP SYSTEM complete in place per for Four hundred eighty dollars and zero cents. $ 480.00 $ 480.00 74 115 LF 6002 6005 VIVDS COMMUNICATION CABLE (COAXIAL) complete in place per for Seven dollars and fifty cents. $ 7.50 $ 862.50 75 1150 LF 6004 6031 ITS COM CBL (ETHERNET) complete in place per for Eight dollars and forty cents. $ 8.40 $ 1,260.00 00300-8-2021 Page 13 of 15 Bid Form BASE BID Bid Approx. Item Description Item Quantit Unit and Written Unit Price Unit Price Amount 76 115 LF XXXX XXXX OPTICOM CABLE complete in place per for Ten dollars and zero cents. $ 10.00 $ 1,150.00 77 13 LF 464 6003 RC PIPE(CL II1)(18 IN) complete in place per for Seventy five dollars and zero cents. $ 75.00 $ 975.00 78 30 LF 464 6005 RC PIPE(CL III)(24 IN) complete in place per for One hundred dollars and zero cents. $ 100.00 $ 3,000.00 79 2 EA 465 6028 INLET (COMPL)(PCO)(6FT)(BOTH) complete in place per for Seven thousand five hundred dollars and zero cents. $ 7,500.00 $ 15,000.00 80 1 EA 4656135 INLET(COMPL)(PSL)(FG)(5FTX 5FT-4FTX4FT) complete in place per for Five thousand dollars and zero cents. $ 5,000.00 $ 5,000.00 81 1 EA 465 6338 INLET (COMPL)(ARMOR CURB SLOT) complete in place per for Two thousand five hundred dollars and zero cents. $ 2,500.00 $ 2,500.00 00300-8-2021 Page 14 of 15 Bid Form BASE BID Bid Approx. Item Description Item Quandt Unit and Written Unit Price Unit Price Amount 82 3 EA 479 6006 ADJUSTING INLET (CAP) complete in place per for One thousand dollars and zero cents. $ 1,000.00 $ 3,000.00_ 83 1 LS, 500 6001 MOBILIZATION complete in place per for Thirty thousand dollars and zero cents. $ 30,000.00 $ 30,000.00_ 00300-8-2021 Page 15 of 15 Bid Form TOTAL BASE BID 611:,487.60 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, Jim Yatin Signature Tim Patin 3800 W 2nd. Street Taylor,TX 76574 Print Name Address President 512-269-1071 Title Telephone Patin Construction LLC Name of Firm November 2,2021 Jeff Birkhead, Chief Estimator Date Secretary, if Bidder is a Corporation 00300-8-2021 Page 1 of 1 Bid Form 00410 STATEMENT OF BIDDER.'S SAFETY EXPERIENCE Page 1 00410 8-2014 Statement of Bidder's Safety Experience 00090654 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: Patin Construction LLC Address: 3800 W 2nd Street, Taylor, TX 76574 Phone: 512-269-1071 Completed by: Tim Patin Date: 11-2-2021 1. Does the company have a written construction Safety program? [DYes 7 No 2. Does the company conduct construction safety inspections'? DYes F-1 No 3. Does the company have an active construction safety-training program? DYes 7 No I t� 4. Has the company been fined by OSHA for any willful safety violations in the past E]Yes Z 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, [DYes 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 El Yes E]No Z N/A B. Excavation Z Yes nNo ❑N/A C. Cranes DYes nNo 7 N/A D. Electrical DYes F1 No F1 N/A E. Fall Protection Fv�Yes O No 7 N/A F. Confined Spaces DYes F]No, ❑N/A I hereby certify that the ifl5ove ini,ormati on-is true and correct. Signature Title President Page 1 00410 8-2014 Statement of Bidder's Safety Experience 00090654 Attention:This iorrr contains inforr-ralionrelaiing to OSHA's Form 300 of mj,t efrPloyeL health and rrus(be used in-a c-anner that protects 1he conlidmialitv of errplovs to the Went Year 20 Log Possitle while[he information is bcir'ig used for of Work-Related Injuries and Illnesses occupational safety and health purposes. U.S_Department of I abou 0-0a6t S-I-tr..d He A duuiAr'.ii., I'..�-11-1-1�,--211:-.�-V2 17� _r� es'-_ �01A_ C-C 4FS r a�,c z ;;C :f WU:142i_Ph�_�2Pj;,'1_3 Fra I a Fa 4� P.0 sac C1,a ar 3��_Cen cl L�Ce�s_-a nev�7 --i cfile ,&cc l'!xg 2�CN?Fair rfTrc!�T:1.3 901,12 raeillfe a(C C! Cased 6>1 (A) tat (C) (D} JEJ (F) Enter the nun26vr of Case Eulplovee's..uwjob tide otays the injure or Check ttm olqltov,column m Oute uf injuvY Where 111C vvCnruccurrCd De5cribc injurrte. y or iltn�s,Pr(s f 6.d� ffccu-d. lU worker was: hoso no"C of M"VsS: or OuSel and diAt dirccriv inju red parson it] C Work 4u h-1 1, Aw.v an J. DAY--AV lb Iran to, other—oj- from lrn.St V..Ih (G] (H) iKi (L) [1) (3) Cis) (5) (6) La F1 JL Z_ ey Z4 J-1 C3 d_- dig.: 7 U 0 0 0 Page totals> 1 0 -[-A Pg. OSHA's Form 300A (RV 01121JU41 Year 20 Summary of or elated Injuries and Illnesses U.S.Departincruf of Labor Fccunatfonat SafatY and Health Administration AR estatifisorneivs co'efeij riv Par t9o.wusr(--nip"ere IP-'-'Stang iari paga-eve'l it no%van'-fel-Bic-d 14i�'Rs cl ik.'iesseS GrCorred di"MyJ III&�--Rr Remaf)N�r'o ff:a Lr;r, to veM�Vfhat ff?e exties ate conaiete an'jaccuare nefole contpletir,3 the's sumnzaty- Using Pie Log,c0i ff)l fh2 x7drwiatAW entries you wpda-a,each Then wite the totals a,et:rxj streyou've added ipe entries from Lvely Page 01 Me Log it I red no cases,wire,'0.' Establishment information lion L--njpidyee'sfortnet erfracivem and hvir have Pie M-M 10 rev anti Ite CS"ll Form dag in its enfirety-They also have hmitpd access ra the 0SW Frrin 307 ci Va.,—MbIrsh.—I name Its ecauvalerif See 29 Cl-,q Pair M43 5,in OSHA's tecordiieep)( 17 P rule,ftv forme_l defes cl,the access rr,-vi<,dns.bf 1pese forms, Str" ZIP -x cay dam 6T Total number oC Total nurnber of Total number ofi Total TILMA—cr of ttdiwry il�cr!Iirj (I.S., d,,aths Cases with days casts-ithiob odier recordable awav frorn workariszero er or restriction case-q (H) 0 R Total numbtr ofdays awav Toral nurn&cr oCdays of job Employment information from work transCer or rLstr-Icdon C/1 C*L2 Ati.-A (K) Tool hours woritcMiyatt mtpl%t Jr1,�r Sign here Total nurnt—r of, Kno-ingly filsit"vingthis docunient may result in a rare. ' lnjuriesMi liforling-, (5)Hearing lass I certiCY that I and that to the best of nig (2)Skin disorders the enrrtes -CUVii-CN� nd Contillere, (G)All oth.-r Alnmscs Post this Summary page from February 1 to Apri130 of the year following the yaarcovered by the form. 300 RE Attention:Tnis forn-contnins oforma�;un rclxinc;to OSHA's FbrmJ v 0 er-ployee,healmand nr - , MuSl�,Z)used in n rr�, ,Lr 1ha3 P(Otects the confider,tialij,of e,.jovCC.S lo itre eaten: Year L09 of Work-Related Injuries and Illnesses possiblovinile the ini0irration is being Lsed!or occuCational safety and health purposes_ or Laba, 4iiz)c; ci,:oa_Psra� all r - crriiip�isteu CF.7fi,t 1204.3 re�!r��c�.j 1 z,3 al2 Fi�a,iea,c r. ..r,alC,im-vss'ncx�ew Per coice rcl nap, N__ CA) (C) (E) RNA a Ca nlol,, Job til II, (F) Faster the number of D.ri,of i,Ij.ry Wher.[h,,,,j, 0....ib,injury pa,ofb di, Mcted, days the Injured or Ch..k th,'jpj�y,cojm.of • sad ubjecvsubstaiicv that dirucciv Injur Ld 111 Welke, h...a ons,type-olmnss; of it ljies,i rul.dc p-mu.ill 1:......t,.CV,, Roat.tuod at Work o.job D.Y,.—v jb-_j oth__"j� fr.- Imn (G) (J) 1(L) 1 1 (2) (3) (4) 7— L q F 6., Ij El C) Q d— j_ Q d, J 7— d F4 dn', Page tatais> kd -j—,I'M L',I 1llfi., P.9'.4--`1_K OSHA's Form 300AM-1 01,12004.1 Year_29_L Summary of Work-Related Injuries and Illnesses U-S.Department of Labor �-fth Adti'Entt-0— AJY establishments coveted tjy Peg 19,4 offist Mmmete a"s Slwlolsnypqe_etpn ono INUFA-5 Or ififw-'U'Pz nrrfd,'�-d clafirk to ta'V 111P Lc to verity thal ML entries are conpleqe 2"Id accurst"'t--101V Ct"?Vlt�fif K7 IhIS S'WTMMIY� 7 Me y-af Ranrenrbar I-V usiry the Log,couni the 11"th'XI(rd!enines-fati fa,tact)Ca rnr_0'Y_Then infe the totals be4Vr.matt""stun yotf ire added fhe entries f,,am EvIefY Page 01 the Log 1!vott Establishment information racl no cases, ATtfe'0., Employees,lofnier errp'oypez ark`i rplail fepxf-sEntafives thave.fhp fighl 143 reo&41the OSHA Fcrn?=in its enimety.They RNo navrr rn-Wed Rcresq to(he OSHA Farti 307 or flsaqtovalent See 29CFR Pqn W keit;er details a the access 1avistans rof,,hese k)yrts. Street '300 W. ZIP Total number of Total untk r of Total nutnLer of Total num N-r of lncttntry,tos,ripi ion fwrtrr."'wile," ticailxs casrs with I days cases wid1job other re,7ordable I away frolo sw rl iralkster or restriction C yCs Standar S t 11',14 51ri-I C b sIitl-t ioa(SIC),if laiu.—(,-g-:7[Si (H} (J) OR Neal,Ariimnn Total number of days away Total numberofdays of joh Emp laymen t informa Hen ilei t,fr,nr teetr rfert 7i gift,sir t€ tromwork trarmter or restriction Itiufz heft ori 11"barkofthepap 1..'i C/ / An nue l wme,,-ini n,b�of enap joyra (K) 1knal 11 on n%mrkcrt by alt c!M plo%'ees last year :>e_ fitness Types Sign here Total numl:xr of. in a fine. (1)Injuries (4)pbsoriillgs I ceriii'y 11it I Ila &_N7rFh'--d M Me and that to the best 01'ray (5)Hearing lors Z� (2)Skin disorders z L=�Ic C-CTTz?Pz C rrue�R�Ura, td coniple-ie, M other illnesses (3)Respiratorvconditions P09t this Summary Page from February I to April 30 of the year following the year covered by the form. p" I,—"n 4-4 1—]— I'A'soot M 'A 1"1f,"t 1-': 41 ,:a a�t:3s:UN Ui,,i.......t`r.fLt011.J K-161WV, 'Zilm,wu,DC 0210_ OSHA`s Form 30OA (Rev.0112004) Year 2020 Summary of Work-Belated Injuries and Illnesses U.S.Department of Labor -- - -- -. -.. Oeeupsdanat Safety and H-elh Ad.flrn&trct=en AaestablishmentsCovered byPortf904must coroptetoJigs SummaryMe,over,tropinjtriesm -.-- -.-_ _. - _ - - _.. ... - _.. --.-- vWW 'o"'aaetzttia176 t tnassas pcca€red during The year: ftenmm'.+er tc re1^.'ew the Lag to Verify that the eories are comgtate Using tine Log,Count the hVividuat epkfes}ve made for each tafapCl}, Then Wilhr the Totals bNow, E stablishmentrmatipn making sure you'va added the onkfas tram ovarypago of the fog. 1f you had m cases tlrfta"Q." Empfoyoos formar omptoyeas and thefrropreseniativas have the right to review the OS F&1 Font 7flQ fn namePaan Censtruclion LLC. tis anGialy. They also have&in tad access fa the OSFtA Farm 301 or its equivalent. Soo 29 CFR1904.35,in OSHA's Reoerdkeoping rule,for ImMor dalws on lila access pmideas fpr ff se(arms, nd Street R M11 City Tavtor Stats Texas Seg 76574 Total number Of Total number of Total number of cases T otat number of Industry description(e.g.,tuanufacture of motor truck trailers) deaths cases with days with job transfer or other recordabte Construction away from work restriction cases Standard Industrial Classification(SIC),If known(e.g_SIC 3715) 0 0 1 0 (0) - (H) (I} (J) OR North i--l-.711111 industrtat 0assificanon(NAICS).it known(e.g.,336212) 1 7 7 1 4 0 - Employment Information Total number of Total numbe€of days of days avvay from job transfer or restriction Annual average number of employees 45 0 16 Tta#al hours worked by alt amptoyaes tact (K) (L) year 3 255.57 � fjrit Ili its r . �, Sign here Total number of... (fyl) Knowingly falsifying tilts daeumant may re oft fn a fine. (1) Injury 1 (4) Poisoning 0 (2) Skin Disorder 0 (5) bearing Loss 0 (3) Respiratory I certify that I have examined this document and that to the best of my knoswedge the enwes are true,accurate,and Condition 0 (6)Alt Other Illnesses 0 complete. John P.Canner,,CSHO SSti Satet Company exacutivo Q3raXroctor Title Post this Summary page from February 1 to Aprtt 30 of the year following the year covered by the forst 214-287-8131 Phone t��t Date puc repxt:-�taGden tx this tan cf e(exrma�nrt is ed��ra�-a 53 trtntres per ta -�,6eS°�t�b P:,�w 934 tns2=a��a,�es�t�A patiflw(le data neoda:L and oarnplaill wd ro:'ex rho 000"'be t cl L-,VlassKK3.�'�k5#a rpt tQs M}�t��'6k'„t to4`kl `C0. d.'Xi Ct��an3 ii!Mass it dsptot-a CWP*VaW 01,18 milyd rurnber.tiyru t,mT any a ts troo,es tascx any aspects of itds dua 001sclo3,txrttact US OWL-ml c;Lir.OSHA 00500 Of Status.Roan 14—YW 2W CoalOwton Rte.t V,Y#as�.'=s3 X 2021Q.Lis tort SWA the coacleief fcm to G`as o5w, Attention: Th. Attention. This form contains tnformation relating to CM. �R@V• Q7 al2Q0 ilial proteye8 {+ to employee health and must be used-In emanner hoc: that protect/ confidentlattty of employees to the Y88C 2020 -*rtent osbl a�+ extent pp !b Ie the Information is being used fork-Relatechinjun a#I,@� E 111n :SS@S tbroccih ditWtyand health purposes, U.S. Departmen Occupational Sal '8 - `.i- ari-,"�Y"..s. �....,y,�.-rrs,:�,�;^:^r'- r:., •:w. _ .,.., azn-.-rr.+rr='..R.�r Occupational ty and He It everywork-related Gl - days aggy medical iV jury or Illness that involves toss of consciousness,restricted work activity or ob transfer, .."••. . ..e.�:�.: ...»:.'-^.:� �+ j days aw�+from work,or medical treaimenE � XWOMW :cord stgnERcant work-related Injuries grid Illnesses that are diagnosed by a physician or licensed health care professional. You must also record work-related l=oan approved Y of the specific recording criteria listed In 29,CFR 1904.8 through 1904.12 Feet he to use tura fines for a'single case If you need to.You mast complete an )SHA Form 301)or equivalent farm for eachMhjugcor fitness reccrded on this form. If you're not sure whether case Is recordab*.cait Your local OSHA Establishment name Patin Construction, L City Taylor State . �iat.+.`..✓_--T .-.-..�.w�4.i.-t�.�; -a.eZ._. .$`s-i _ ..t-S �j � G'.VG�O 4 wx`, 1;1''i�t=+'f . _ � Enter the number of ne Job This (eg„ Date of Where the event occurred e. . Describe!n CHECK ONLY CrNE box for each case based on days the injured or if) Check the"Injury"oolL { Jury or illness,parts of body affected, the most serious outcome for that case: worker was: i[I Weider} injury ar Loading dock narUt end} and objectfsubstance that dlrectty lnjurad er made onset of person III{e g.Second degree bunts on right {M} Illness forearm from acetylene torch} � } " fi On job (moJday} a '�•'�`' . „ Away r `'' n $ transfer or E Z' s From restriction $ B o Job transfeX. r Other record- Work (�) �, rs a'a or restriction able cases (days) Labor 5!4 Huta Texas Sprain to left ankle (G') (H {I} (J) (K) (L 1 2 3 x Q 16 X Pane totals a 1 o 1 o 0 96 9 0 to Be sure to transfer these totals to the Summary page(Form 300A)before you post it. o ion of Information Is estimated to averalle 14 minutes per response,Including time f! a a gather the data needed,and complete and review the collection of fnfcrrnation. kt the rxlllection of Informatton unless it displays a 0Minty'valid OMR control ibcot these estimates or any aspects of this data collection,contact US Statistics,Room N,1644,200 Constitution Ave,NW,Washingtmn,DC 20210. Do office. Page 1 of 1 (1) (2) (3) Aftentf os HXs Form $01 employee form cost be used I anon rero employee health and must be used to a rrratuaer fftat pralects the confidentiality of erWoyees Eo the extent 4* Injuries and Illnesses incident Report tossVewhile ttt Information Istftused for U.S.Department of Labor accuit8tlenaisafety and health t»rtposes. dccupWonal Safety and Health Administration Fmm approved OMt3 no.1218-0176 Information about the employee information about the case 1) Full Name Juan Garcia 10) Case number from the Log 1 (NnoW rhe case mrmber fora are cog ager yourecord ma case,) This injury and illness Wdent Report Is one of the 2) Street 1815 Navlsota St 11} Date of injury or Illness 5/4/2020 first forms you must fill out when a recordable work- related Injury or illness has occurred. Together with City Manor State TX Zip 76567 12 Time em i the Log of Work-Related fnjurles and Illnesses and } p ayes began work 700 AM AM the accompanying Summary,these forms help the 3) Date of birth s126M--n 13 Tama of avant 1:30 PM PM Chock if lima Cara E daiemt red employer and©SHA develop a picture of the extent and severity of work-related Incidents. Within 7 calendar da after days you receive 4) Date hared 1115f2019 `14 What was the uip_. se doing just before the Encldertt orxurrett? Describe the activity,as well Information that a recordable work-related Injury or $�, Illness has occurred,you must fill out this form or an 5)FX-1 as the tats,equipment or material the emptoyea was using. Be spsctAc. F.rtamples: "climbing a equivalent. Some state workers'compensation, ©Femate laaR lifer while carrying raafEng matedafs*;"saying chierfrra from hand spra} r;"dally computer key Insurance,or other reports may be acceptable Walft the jobstle to yet pipe substitutes. To be considered an equivalent form, Information about the physician or other health care any substitute must Contain all the Information profassionai asked for on this farm. ,f.- What ha According to form. Law 91-596 and 29 CFR 6 Name of M happened?Tell us how the Injury occurred.Examples:"When ladder slipped on wet floor, physician or other health care professional worker fell 20 feet`."Worker was sprayed with chlorine when gasket broke during replacement"; 1904,OSIiWs recordkeeping rule,you must keep Jlhvun You PA "'Worker developed soreness In wrist over Uma" this farm on fife for 5 years following the year to which it pertains Whem employee was walking he stepped on a din clore s ans led tat ankle If you need additional copies of this form,you 7) If treatment was given away from the worksite,where was It given? may photocopy and use as many as you need. Facility Fast Mod Urgent Care NTJ What was the Injury or Efiness?Tell us the part of the body that was affected and how it was Street 14008 Shadow Glenn affected. Examples:"strained back","chemical bum,hand","carpal tunnel syndrome.' City Manor State TX Zip 78567 Vain to Ieft onkel 8) Was employee treated in an emergency room? Completed by Eddie Hill 8) [ What object or substance directly harmed the employee? Examples:"concrete floor'; Title SafeIX Manager X No chlorine%"radial arm saw.'If this question does not apply to tha Incident,leave it blank. 9) Was employes hospitalized ovemEght as an In-petbent7 did dol Phone 512-269-1071 Date 514(2020 QYes X"o 18) If the employee died,when did death occur?Date of death >ub�MP.MV burden for tivt eoUaeUon or InfarmaNcn is aslmated to avarasa 22 mftlas per respmrse, 9lore for revlewhg first Uwons,sesrd*M a nine data smmr sadwrtag end maysta6ryag rho dais Headed,and emtrplattng paid revfavrfaig aha coUedlan of tnfarrriettan Parsats are not e4+�m respond�fhb eoUConst of hdarrr Ave,N scales l dbPla0 a axurarit valid OMB c onbal mrrabar.Slam trace arty conaraarsEs about tads asttmafe or any other atpeUs of fhb data mUaclorr,tnqudfag st�gesa nc for and og tads tingoburden,carload US Department of Gabor, am ORtra of itathdcs,Room fV36dd,2fxr Cartsdtultan e Df W,Washtcagtan,DC 20210 Do not sand taro conWated fames to tlds oft[ . 00500 AGREEMENT City of Round Rock, Texas Contract Forms Standard Form of Agreement: Section 00500 City of Round Rock, Texas Standard Form of Agreement between Owner and Contractor AGREEMENT made as of the ( )day of in the year 20 BETWEEN the Owner: City of Round Rock,Texas(hereafter"Owner'"or"City") 221 East Main Street Round Rock,Texas 78664 and the Contractor Patin Construction,LLC ("Contractor") 3800 W.2nd St Tavlor,TX 76574 The Project is described as: FM 1460/AW Grimes Blvd Northbound Right Turn Lanes at Old Settlers Blvd&Chandler Creek Blvd. The Engineer is: CP&Y,Inc. Andrea Klocinski,P.E. 13809 Research Blvd,Suite 300 Austin,TX 78750 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 Pagel of Standard Form of Agreement 00443647 ARTICLE 3 DATE OF COMMENCEMENT;DATE OF SUBSTANTIAL COMPLETION;DATE OF FINAL COMPLETION 3.1 The date of commencement of the Work shall be the date of this Agreement unless a different date is stated below or provision is made for the date to be fixed in a Notice to Proceed issued by Owner. 3.2 The Contract Time shall be measured from the date delineated in the Notice to Proceed. 3.3 Contractor shall commence Work within ten ( 10 calendar days from the date delineated in the Notice to Proceed. 3.4 Contractor shall achieve Substantial Completion of the items of Work listed on Attachment A to this Agreement no later than ninety _(_90 )calendar days from issuance by Owner of Notice to Proceed, and Contractor shall achieve Substantial Completion of the entire Work no later than ninety (90 )calendar days from issuance by Owner of Notice to Proceed,subject to adjustments of this Contract Time as provided in the Contract Documents. 3.5 If Contractor fails to achieve Substantial Completion of the Work(or any portion thereof) on or before the date(s)specified for Substantial Completion in the Agreement,Contractor shall pay to Owner,as liquidated damages, the sum of-five hundred dollars and No/I 00 Dollars($ 500-00 -)for each calendar day that Substantial Completion is delayed after the date(s) specified for Substantial Completion. It is hereby agreed that the liquidated damages to which Owner is entitled hereunder are a reasonable forecast of just compensation for the harm that would be caused by Contractor's failure to achieve Substantial Completion of the Work(or any portion thereof)on or before the date(s)specified for Substantial Completion in the Agreement and is not a penalty. It is agreed that the harm that would be caused by such failure, which includes loss of expected use of the Project areas,provision of alternative storage facilities and rescheduling of moving and occupancy dates,is one that is incapable or very difficult of accurate estimation.It is hereby agreed that if Substantial Completion of the Work(or any portion thereof)is not achieved on or before thirty(30)days after the date(s) specified for Substantial Completion in the Agreement, the Owner shall have the option to either collect liquidated damages as set forth herein or to thereafter rely on its remedies under the Contract Documents and at law and in equity, including without limitation, the recovery of actual damages. The date(s) specified for Substantial Completion of the Work(or any portion thereof)in the Agreement shall be subject to adjustment as provided in the Contract Documents. 3.6 Contractor shall achieve Final Completion of the entire Work no later than one hundred twenty ( 120 )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 eleven thousand four-hundred eighty-seven_dollars and sixty,cents (S 611,487.60 ),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? Na X Yes I fyes,please provide details below; 00500 4-2020 Page 2 of 5 Standard Form of Agreement 00443647 BONDS AND INSURANCE INSTRUCTIONS Insti-tiction Sheet 1. Insitrance Company must be licensed by State of Texas. 2. Agent signing bonds niust 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, bort ]lot licensed in Texas, then the boiid must be counter-signed by Texas local recording ai�)cnt. ALL THEABOVE INFORMATION CAN BE FOUND AT Texas Depaftnient of Insurance website—",ww.tdi.sta(eAx.us 5. Make Sure the dollar amount on both Performance and Payment Bonds match the amount of the Agreement.& Bid Forrn Shect. G. Both Performance and Payment Bonds should be signed by Authorized Person. if the contractor Is a corporation, then it should be signed tied 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 'rhe cit.), of Round Rock's Certificate of Liability Insurance forin provided herein or a standard ACORD form. 2. PRODUCER and INSURED - Please list name, address, phone nun-lber and c-mail. 3. COMPANIES AFFORDING COVERAGE — T DI 111.1n1hCr required. The TDI nUrriber call be obtained from the Texas Dept Of 111SUrance WCbSitC: llttL)://��AIWWtdi.Statte.tX.LL",/. ---- C0111pany Lookup. FXCCpLi0j1 to this R11C. In certain i11Sta11CCS WllefC thOl-C is WILIsual risks involved,Surplus Lizies Insurance Carriers can be used, Below arc dic guidelines: q. Insurance Conii)any does not have to be"licensed in Texas", but thea do have to he'Ie hill,for a 'rexas license," Please verify with the Texas Dept of Insurance Website: Company Lookup b. Polley has to be written by licensed surplus lines Agee it. Also verify with theTexas Dept of*Insurwice Website: lit(f)://wwGv.tdi.stiite.tx.tis/- Ageilt F.00j�up 4. TYPE'S OF INSURANCE COVERAGE— CONSTRUCTION CONTRACT: ]"'lease double check the General Conditions and tile implemental General Conditions for the types and at-11OLHAS Of insurance reqUiNd. The Supplenicrital General Conditions LISLIal ly state the following: 41. Business Automobile Liability Insurance 1). Worl(ers' Compensation and Employers' Liability Insurance C. Commercial General Liability Insurance d. Builders' Risk Insurance — (Generally I-CCILLired for all "vertical" conSti-LIC1,1*011. Check With Pro.ject, Manager for rcqLJi1`C111CJ1tS.) FOR ALL OTHER CONTRACTS, PLEASE REFER TO THE INSURANCE SECTION FOR TYPE OF, INSURANCE REQUIRED. (For example Engineering Service Contracts usually require"pro fessional liability insurance".) S. 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. CCI-tifiCatC I'VILISt indicate that the inS1,11-alICC, C0111pally 111LISt 0 orive the City of Round Rock notice of any changes, cancellation , etc. at]cast thirty (30) days prior to date of change. S. 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—Aactit Lookut). BOND NO.:HSHNSU0813894 PERFORMANCE BOND THE STATE OF TEXAS § § KNOW ALL BY THESE PRESENTS: COUNTY OF WILLIAMSON § That Patin Construction, LLC of the City of Taylor County of Williamson and State of Texas as Principal, and Harco National Insurance Company authorized under the law of the State of Texas to act as surety on bonds for principals,are held and firmly bound unto the CITY OF ROUND ROCK,TEXAS (Owner),in the penal sum of Six-hundred eleven thousand four hundred eighty-seven dollars and sixty cents Dollars ($611,487.60 ) 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: W14 PR PAS,the Principal has entered into a certain written Agreement with the Owner dated the day of 20 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: FM 1460/AW Grimes Blvd Northbound Right Turn Lanes at Old Settlers Blvd&Chandler Creek Blvd. 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 I 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 or the Agreement, or to the Work performed thereunder, or the Plans, Specifications, or drawings accompanying the same, shall in anywise afrect its obligation on this bond,and it does hereby waive notice of any such change, extension of time, alteration or addition to the terns 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, al I 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 SUM of this Performance Bond, plus all costs and expenses, including attorney's fees and expert and consultant fCCS incurred by Owner to enforce its rights under this Performance Bond. IN WITNESS WHEREOF, the said Principal and Surety have signed and scaled this instrument this 20th day of December , 2021 . Patin Construction, LLC Flarco National Insurance Company Princ, a�pa Surety Kenneth Nitsche Printed Name Printed Name By: By: Title: Title: A ttorney-In-Fact Address: 3800 W. 2nd Street Address: One Newark Center, 20th Floor- Ta lor, loorTaylor, TX 76574 Newark,NJ 07102 Resident Agent of Surety: Signature Kenneth Nitsche Printed Name 143 E. Austin Street Address Giddings,, TX 78942 City, State& Zip Code Page 2 00610 4-?d'20 llcrformance Bond 00443639 a Ire it r+t��f�1111�11tl1�\ `� NNI\� BOND NO.: HSHNSU0813894 PAYMENT BOND, THE STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF WILLIAMSON § That Patin Construction, LLC of the City of Taylor County of Williamson and State of Texas as Principal,and Harco National Insurance Company authorized under the laws of the State of Texas to act as Surety on Bonds for Principals,are held and firmly bound unto the CITY OF ROUND ROCK, TEXAS (OWNER), and all subcontractors, workers, laborers, mechanics and suppliers as their interest may appear, all of whom shall have the right to sue upon this bond, in the penal sum of Six-hundred eleven thousand four-hundred eighty seven dollars and sixty cents Dollars($ 611,487.60 )for the payment whereof,well and truly be made the said Principal and Surety bind themselves and their heirs, administrators, executors, successors, and assigns,jointly and severally, by these presents: WHEREAS,the Principal has entered into a certain written Agreement with the Owner,dated the day of_ o 20- _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. FM 1460/AW Grimes Blvd Northbound Right Turn Lanes at Old Settlers Blvd&Chandler Creek Blvd. 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 PAYMENTBOND (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 per-formed thereunder, or the plans, specifications or drawings accompanying the same shall in anywise affect its obligation an this bond,and it does hereby waive notice of any such change,extension of time, alteration or addition to the terms of the contract, or to the work to be performed thereunder. IN WITNESS WHEREOF, the said Principal and. Surety have signed and sealed this Instrument this 20th day of December 20 21 . Patin Construction, LLC Flarco National Insurance Company Pri�n�cii -- Surety Kenneth Nitsche Printed Name Printed Name By: By: 'Title: Title: Attorney-In-Fact Address:3806'W. 2nd Street Address: one Newark Center, 20th Floor Taylor,TX 76574 Newark, NJ 07102 Resident Agent of Surety: Signature Kenneth Nitsche Printed Narne 143 E. Austin Street Address Giddings, TX 79942 City, State & Zip Code Page 2 00620t-2020 Payment Ht'nd 00090656 fa,t °,, — e . . �r't'F•rite�� ,�°�1.��� �5 ' ii . . fttrr��''ltrrrinii�3xt���!��`, POWER OF ATTORNEY Bond# HSHNSU0813894 HARCO NATIONAL INSURANCE COMPANY INTERNATIONAL FIDELITY INSURANCE COMPANY Member companies of IAT Insurance Group,Headquartered:702 Oberlin Road,Raleigh,North Carolina 27605 KNOW ALL MEN BY THESE PRESENTS:That MARCO NATIONAL INSURANCE COMPANY,a corporation organized and existing under the laws of the State of Illinois,and INTERNATIONAL FIDELITY INSURANCE COMPANY,a corporation organized and existing under the laws of the State of New Jersey,and having their principal offices located respectively in the cities of Rolling Meadows,Illinois and Newark,New Jersey,do hereby constitute and appoint GARY A. NITSCHE, VIOLET J. FROSCH, NINA K. SMITH, KENNETH NITSCHE, ROBERT K. NITSCHE, CRAIG T. PARKER, ROBERT JAMES NITSCHE Giddings, TX their true and lawful attorney(s)-in-fact to execute,seal and deliver for and on its behalf as surety, any and all bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof,which are or may be allowed,required or permitted by law,statute,rule,regulation,contract or otherwise, and the execution of such instrument(s) in pursuance of these presents, shall be as binding upon the said MARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE COMPANY,as fully and amply,to all Intents and purposes,as if the same had been duly executed and acknowledged by their regularly elected officers at their principal offices. This Power of Attorney Is executed,and may be revoked,pursuant to and by authority of the By-Laws of MARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE COMPANY and is granted under and by authority of the following resolution adopted by the Board of Directors of INTERNATIONAL FIDELITY INSURANCE COMPANY at a meeting duly held on the 13th day of December,2018 and by the Board of Directors of MARCO NATIONAL INSURANCE COMPANY at a meeting held on the 13th day of December,2018. "RESOLVED, that (1) the Chief Executive Officer, President, Executive Vice President, Senior Vice President, Vice President, or Secretary of the Corporation shall have the power to appoint,and to revoke the appointments of,Attomeys-in-Fact or agents with power and authority as defined or limited in their respective powers of attorney, and to execute on behalf of the Corporation and affix the Corporation's seal thereto, bonds, undertakings, recognizances,contracts of Indemnity and other written obligations In the nature thereof or related thereto: and(2)any such Officers of the Corporation may appoint and revoke the appointments of joint-control custodians, agents for acceptance of process,and Attorneys-in-fact with authority to execute waivers and consents on behalf of the Corporation,and(3)the signature of any such Officer of the Corporation and the Corporations seal may be affixed by facsimile to any power of attorney or certification given for the execution of any bond,undertaking,recognizance,contract of indemnity or other written obligation in the nature thereof or related thereto,such signature and seals when so used whether heretofore or hereafter,being hereby adopted by the Corporation as the original signature of such officer and the original seal of the Corporation,to be valid and binding upon the Corporation with the same force and effect as though manually affixed." IN WITNESS WHEREOF,MARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE COMPANY have each executed and attested these presents on this 31st day of December,2018 I...... y . STATE OF NEW JERSEY STATE OF ILLINOIS County of Essex County of Cook SEAL IS04 JE Kenneth Chapman Executive Vice President,Harco,National Insurance Company and IntematiDnal Fidelity Insurance Company On this 31st day of December,2018 before me came the individual who executed the preceding instrument,to me personally known,and, being by me duly sworn,said he Is the therein described and authorized officer of MARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE COMPANY:that the seals affixed to said instrument are the Corporate Seals of said Companies;that the said Corporate Seals and his signature were duly affixed by order of the Boards of Directors of said Companies. "k0011j'01 IN TESTIMONY WHEREOF,I have hereunto set my hand affixed my Official Seal,at the City of Newark, Z� S A-. ...... -ZWX%� New Jersey the day and year first above written. Go #0 A 0?,u Z Pp _Z Ousts,-Q c, 55OW90". Z 41� 10 Shirelle A.Outley a Notary Public of New Jerseyv- My Commission Expires April 4,2023 CERTIFICATION 1,the undersigned officer of MARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE COMPANY do hereby certify that I have compared the foregoing copy of the Power of Attorney and affidavit,and the copy of the Sections of the By-Laws of said Companies as set forth in said Power of Attorney,with the originals an file in the home office of said companies,and that the same are correct transcripts thereof,and of the whole of the said originals,and that the said Power of Attorney has not been revoked and is now in full force and effect. IN TESTIMONY WHEREOF,I have hereunto set my hand on this day, December 20,2021 A00134 Irene Martins,Assistant Secretary • ! .- ' � .. `\\\\�t1�\���'l i� tri}r lrf _ � _ _ ,_ _ i [ ! I \ rljr�frtltlttlilltl������`�,,. • � `i IMPORTANT NOTICE AVISO IMPORTANTE To obtain information or make a complaint: Para obtener informaci6n o para presentar una queja: You may contact Marco National Insurance Company Usted puede comunicarse con su Harco National at: Insurance Company a[: 1-800-3334167 1-800-3334167 You may also write to:Harco National Insurance Usted tambien puede escribir a Marco National Company c/o]AT Surety at: Insurance Company c/o IAT Surety at: Attn: Claims Department Attn: Claims Department One Newark Center,20111 Floor One Newark Center,2011° Floor Newark,NJ 07102 Newark,NJ 07102 You may contact the Texas Department of Insurance Puede comunicarse con el Departamento de Seguros de to obtain information on companies,coverages,rights Texas para obtener informacion acerea de companias, or complaints at: coberturas,derechos o quejas al: 1-800-252-3439 1-800-252-3439 You may write the Texas Department of Insurance: Puede escribir al Departainento de Seguros de Texas: P.O.Box 149104 P.O.Box 149104 Austin,TX 78714-9I04 Austin,TX 78714-9104 Fax: (512)490-1007 Fax: (512)490-1007 Web: wvvivtdi.(exas.eov Web: www.tdi.texas.gov E-mail- Coiisuinei-Ili-otection(ii.?tdi.texas.gov &mail: Coiisuinei-Protection(ii,tdi.texas.gov PREMIUM OR CLAIM DISPUTES: DISPUTAS SOBRE PRIMAS 0 RECLAMOS: Should you have a dispute concerning your premium Si tiene una disputa concerniente a su prima o a un or about a claim you should contact the agent or the reclamo,dobe comunicarse con el agente o la compania company first.If the dispute is not resolved,you may primero.Si no se resuelve la disputa,puede entonces contact the Texas Department of Insurance. comunicarse con el departamento(TDI). ATTACH THIS NOTICE TO YOUR BOND: UNA ESTE AVIS©A SU FIANZA DE GARANTIA: This notice is for information only and does not Este aviso es solo para proposito de informacion y no become a part or condition of the attached document. se convierte en parte o condicion del documents adj unto. CERTIFICATE OF LIABILITY INSURANCE Date: 12/22/2021 TDI number required.Please refer to the PRODUCER: Texas Dept of Insurance welisite, http:11www.tdI.stato.tx.us/ Kenneth Nitsche 143 E Austin St. ,Giddings,TX 78942 COMPANIES AFFORDING COVERAGE TDI Phone:979-542-3666 E-mail: A National Trust Insurance Company 20141 INSURED: Patin Construction LLC BFCCI Insurance Company 10178 3800 W.2nd Street C Texas Mutual Insurance Company 22945 Taylor,TX Phone:512-269-1071 E-mail:tirnO.Datinconxorn D Westchester Surplus Lines Insurance Co. 101 THIS IS TO CERTIFY THAT the Insured named above Is Insured by the Companies listed above with respect to the business operations hereinafter described,for the types of insurance and in accordance with the provisions of the standard policies used by the companies, and further hereinafter described. Exceptions to the policies are noted below. CO TYPE OF POLICY EFFECTIVE EXPIRATION LIMITS LTR INSURANCE NUMBER DATE DATE GENERAL LIABILITY GENERAL AGGREGATE $ 2,000,000 CPPI00031471 10/25/2021 10/25/2022 PRODUCTS-COMP/OP AGG. $ 2,000.000 PERSONAL&ADV.INJURY $ 1,000,000 EACH OCCURRENCE $ 1,000,000 FIRE DAMAGE(Any one fire) $ 500,000 MED.EXPENSE(Any one person) $ 10,000 AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 CA 1000315 100 10/25/2021 10125/2022 BODILY INJURY(Per person) $ BODILY INJURY(Per accident) $ PROPERTY DAMAGE $ EXCESS LIABILITY EACH OCCURRENCE $ 5,000,000 UMB10003151 10/25/2021 10/25/2022 AGGREGATE $ 5,000,000 WORKERS'COMPENSATION STATUTORY LIMITS $ AND EMPLOYERS'LIABILITY EACH ACCIDENT $ 1,000,000 0001212733 06/03/2021 06/03/2022 DISEASE-POLICY LIMIT $ 1,000,000 DISEASE-EACH EMPLOYEE $ 1,000,000 PROFESSIONAL LIABILITY BUILDERS'RISK INSURANCE OR INSTALLATION INSURANCE DESCRIPTION OF OPERATIONSILOCA71ONSIVEHICLES/SPECIAL ITEMSIEXCEPTIONS The City of Round Rock Is named as additional Insured with respect to all policies except 'Workers' Compensation and Employers Liability' and 'Professional Liability'. Should any of the above described policies be cancelled or changed before the expiraflon date thereof,the Issuing company will mail thirty(30)days written notice to the certificate holder named below. CERTIFICATE HOLDER: City Manager SIGNATURE OF AGENT LICENSED IN STATE OF TEXAS City of Round Rock 221 E.Main Street Round Rock,Texas 78664 Typed Name: RJ.Nitsche License ID: Pagel 00650 10-2010 Certificate of Liability Insurance 00205796 00700 GENERAL CONDITIONS City of Round Rock Contract Forms General Conditions Section 00700 TABLE[)FCONTENTS C)FGENERAL CONDITIONS Article Page Number& Title Number 1. DEFINITIONS.................................................................................................................................................2 2. PRELIMINARY MATTERS.......................................................... ..................................................................5 ZL CONTRACT DOCUMENTS: INTENT,AMENDING, REUSE ...................................... ................................7 4. AVAILABILITY OPLANDS; SUBSURFACE AND PHYSICAL CONDITIONS; REFERENCE POINTS..........................................................................................................8 5. BONDS AND INSURANCE......................................................................................................... ..................1O 6. CORESPONSIBILITIES.........................................................................................................16 7. OTHER WORK ........................................................... ..................................................................................24 8. OWNER'S RESPONSIBILITIES................... ................................................................................. ..............35 Q. ENGINEER/ARCHITECT'S STATUS DURING CONSTRUCTION.............................................................. 10iCHANGES |NTHE WORK ...........................................................................................................................27 11. CHANGE OFCONTRACT AMOUNT............................................................................................................28 12. CHANGE CVFCONTRACT TIMES.................................................................................................................31 13. TESTS AND INSPECTIONS;AND CORRECTION OR REMOVAL OFDEFECTIVE WORK................................................. ......................................................33 14, PAYMENTS lOCONTRACTOR AND COMPLETION.................................................................................35 15. SUSPENSION OFWORK AND TERMINATION................... .......................................................................3G 16L DISPUTE RESOLUTION-...... # 17 RIGHT TOAUDIT......................................... _.................................. _~....................................................42 18^ MISCELLANEOUS............................................ ............................................................................................43 00700Q4-2020 Page I General Conditions GENERAL CONDITIONS ARTICLE 1 -DEFINITIONS Whenever used in these General Conditions or in the other Contract Documents,the term printed with initial capital letters or all capital letters, including the term's singular and plural forms, will have the meaning indicated in the definitions below or as defined in these General Conditions or other Contract Documents: 1.1 Addenda - Written or graphic instruments issued prior to the receipt of Proposals or the opening of Bids that clarify,correct or change the proposal or bidding requirements or the Contract Documents. 1.2 Agreement-Prescribed form, referenced as Section 00500. 1.3 Alternative Dispute Resolution-The process by which a disputed Claim may be settled if the OWNER and the CONTRACTOR cannot reach an agreement between themselves, as an alternative to litigation. 1.4 Bid - Proposal of bidder on prescribed forms setting forth prices for performing the Work described in the ContracFD—ocuments. 1.5 Bid Documents-The advertisement or invitation for bids, instructions to bidders,the bid form, the Contract Documents and Addenda. 1.6 Calendar Day-Any day of the week; no days being excepted. Work on Saturdays, Sundays,and/or Legal Holidays shall only be conducted with prior express written consent of the OWNER. 1.7 Change Directive-A written directive to the CONTRACTOR,signed by the OWNER, ordering a change in the Work and stating a proposed basis for adjustment, if any, in the Contract Amount or Contract Time, or both. A Change Directive may be used in the absence of total agreement on the terms of a Change Order. A Change Directive does not change the Contract Amount or Contract Time, but is evidence that the parties expect that the change directed or documented by a Change Directive will be incorporated in a subsequently issued Change Order. 1.8 Change Orders - Written agreements entered into between the CONTRACTOR and the OWNER authorizing an addition,deletion,or revision to the Contract, issued on or after the Execution Date of the Agreement and within the Contract term. 1.9 Claim - A written demand seeking, as a matter of right, adjustment or interpretation of Contract terms, payment of money, extension of time or other relief with respect to the terms of the Contract. 1.10 Contract - The Contract represents the entire and integrated agreement between the OWNER and the CONTRACTOR for performance of the Work, as evidenced by the Contract Documents, 1.11 Contract Amount-The amount payable by the OWNER to the CONTRACTOR for completion of the Work in accordance with the Contract Documents. 1.12 Contract Documents — Includes the Invitation to Bid, Instructions to Bidders, Agreement, General Conditions, Supplemental General Conditions, Special Conditions, Specifications, Project Manual, Drawings, Addenda and Change Orders. 1.13 Contract Time-The number of days allowed for completion of the Work as defined by the Contract.When any period is referred to in days, it will be computed to exclude the first and include the last day of such period. A day of twenty-four(24)hours measured from midnight to the next midnight will constitute a day. 1.14 CONTRACTOR - The individual, firm, corporation, or other business entity with whom the OWNER has entered into the Contract. 00700 04-2020 Page 2 General Conditions 1.15 Drawings - Those portions of the Contract Documents which are graphic representations of the scope, extent and character of the Work to be furnished and performed by the CONTRACTOR and which have been approved by the OWNER. Drawings may include plans, elevations, sections, details, schedules and diagrams. Shop Drawings are not Drawings as so defined. 1.16 Engineer/Architect (EIA) - 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 (EIA). Nothing contained in the Contract Documents shall create any contractual or agency relationship between E/A and the CONTRACTOR. 1.17 Egual-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 Years Day January I 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 KmLegal falls on Saturday, it will bmobserved onthe preceding Friday. IfaLegal Holiday falls on Sunday, itwill beobserved onthe following Monday, 1.23'3 |fChristmas Eve falls mna Saturday oraSunday, the preceding Friday ksobserved as the Christmas Eve holiday. 1'23.4 If Christmas Day falls on a Saturday or a Sunday, the following Monday imobserved as the Christmas Day holiday. 1'24 Milestones'Asignificant event specified in the Contract Documents relating to an intermediate completion date ortime prior bmSubstantial Completion ofall the Work. 1'25 Notice to Proceed - A VVhbmn 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 torun and onwhich the CONTRACTOR shall start toperform the{}DNTRAOTOR'sobligations under the Contract Documents. 1.26 OWNER—The City of Round Rock,Texas,a municipal corporation, home-rule city and political subdivision organized d existing under the laws of the State of Texas, acting through the City Manager or his/her designee, officers, agents oremployees ho administer design and construction ofthe Project. 1.27 Owners Representative-ThedeaigmahadrepnmmnntmUveoftbaOVVNER. 1.28 - Uaebvthe OWNER ofmpartially completed part ofthe Work for the purpose for which it is intended(or a related purpose)prior to Substantial Completion of all the Work. 1.29 -The total construction of which the Work to be provided under the Contract Documents may be the whole, ora part, as indicated m|seVvhmna in the Contract Documents. 1'30 Project Manual - That portion of the Contract Documents xvhimb may include the following: introductory information; bidding requirements, Contract forms and General and Supplemental General Conditions; General Requirements; Specifications; Drawings; Project Smfeb/K4enua|| mndAddenda. 1.31 Proposal—Proposo| ofOffaror. onpremchbedfmrms setting forth prices for performing the Work described in the Contract Documents. 1.32 Proposal Documents—Tha advertisement or invitation for Proposals, Instruction to CUfenuns.the Proposal form, the Contract Documents and Addenda. 1.33 -The authorized representative ofEV\who may beassigned tothe site mrany part thereof. 1.34 Shop Drawings-A|| drawings, diagrams, illustrations, schedules and other data or information which are specifically prepared or assembled by or for the CONTRACTOR and submitted by the CONTRACTOR as required bythe Contract Documents. 1.35 Specifications-Those portions of the Contract Documents consisting of written b*ohn|ma| descriptions as applied to the VVorh, which set forth to the CONTRACTOR, in detai|, the naqu|namnenba which must be nned by all materials, equipment, construction systems, standards,workmanship, equipment and services inorder torender a completed and useful project. 1'36 Substantial Completion - The stage in the progress of the Work when the VVorb' or designated portions thereof,may still require minor modifications or adjustments but,in the OWNER's opinion, the Work has progressed to the point such that all parts of the Work under consideration are fully operational and the beneficial use and occupancy of which can be assumed by the Om/ner, as evidenced by a Certificate of Substantial Completion approved bvthe OWNER. 00700 04-2020 Page General Conditions 1.37 Subcontractor-Amhldividum,hnn' or corporation having odirect contract with the CONTRACTOR for the performance ofmpart ofthe Work. 1.38 -Aperomnorentkvvxhohasadirector|ndirert contract with a Subcontractor or a Sub- subcontractor of any tier to perfonn a portion of the Work. 1'39 Superintendent - The representative of the CONTRACTOR authorized in writing to nomaiwe and fulfill instructions from Owner's Representative, and who shall supervise and direct construction of the Work. 1'40 Supplemental General Conditions-ThepmrtofthmContnacdDocunnentswhichmktharmmendmor supplements the General Conditions. All General Conditions which are not mmamended ormosupplemented shall beconsidered msremaining infull force and effect. 1.41 Supplie -Anindividuoloronti having adirect contract with the CONTRACTOR erwith any Subcontractor orSub-subcontractor tm furnish materials orequipment to be incorporated in the Work by the CONTRACTOR or any Subcontractor. 1.43 Time Extension Request-AnappnzvedraquestfbrUnnaaxLensiononaformaocwpbsb|ototheOVVNER. 1'43 Work-The entire completed construction, or the various separately identifiable parts thereof, required to bafurnished 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 an Saturdays, Sundays and/or Legal Holidays may be allowed and, inthat event,aWorking Day will becounted for each such day. 1'45 Times ofd s\ duhogvvhinhxmorhmaybe performed. Unless authorized byOwner's Representative, K VVmrh shall be performed between 700 a.m. and 600 p.m. on weekdaysd , 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-VVMttenommrnuniooUonbebmeontheC)VVNERandtheCONTRACTOR. VVhttonNobcesha|| be deemed to have been duly served if delivered in person to Owner's Representative or to the CONTRACTOR's du|yaxthohzednopresenbotive. orifwuchVVhttonNoUceisde0vermdtooroent byregistered orcertified mail tothe attention of Owner's Representative or to the CONTRACTOR's duly authorized representative at the last business address known hmthe party giving notice. ARTICLE 2-PRELIMINARY MATTERS 2.1 Delivery of Agreement, Bonds, Insurance, and Other Documentation: Within ten /1O\Calendar Days after written noQficadonofaward ofContract,the CONTRACTOR shall deliver tothe [}VVNEF7 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 p�����rmx��1mm��' ��t������o�wm�' _----_--_'-_-' ` . The Contract Time(s) commence on the date indicated in the Agreement or in the Notice to Proceed. Notice to Proceed will be given at any time within sixty(60)Calendar Days after the Execution Date of the Agreement, unless extended bywritten agreement mfthe parties. 2.4 Before Starting Construction: 2.4-1 WoWork shall bmdone olthe site prior tothe pmeoonstruct|onconference without the C)VVNER'aapproval. Before undertaking each part ofthe VVurk. the CONTRACTOR shall carefully study and compare the Contract Documents and check and verify pertinent figures shown thereon and all applicable field measurements. The CONTRACTOR shall promptly report in writing to {}xvnar'm Representative any conflict, annr, ambiguity or discrepancy which the CONTRACTOR may discover and shall obtain a written interpretation or clariffication from Owner's Representative before proceeding with any Work affected thereby.The CONTRACTOR shall be liable to the OWNER for failure boreport any conflict, error, ambiguity or discrepancy in the Contract Documents of which the CONTRACTOR knew orreasonably should have known. 2.4.2 The CONTRACTOR shall submit the following to Owners Representative for review and approval no later than the pnaponatnuotionconference: -1 a preliminary progress schedule indicating the t(nnos (number nfdays or dates) for starting and oonlp|eUn0 the various stages of the VVork, including any Milestones specified in the Contract Documents, identifying h all Subcontractors will be uU(ized, and taking into consideration any limitations oMWorking Hours; '2 a preliminary schedule of Shop Drawing and sample submittals; '3 a preliminary schedule of values for all of the Work,subdivided into component parts in sufficient detail to serve a$the basis for progress payments d | at U Such priceswill include anappropriate amount of overhead and profit applicable to each item of Work. The pnmUnnynmry schedule of values submitted bythe CONTRACTOR should include areasonable estimation ofvalue mfeach item included and shall not contain disproportionate values assigned to any item or items; .4 aletter designating CCJNTRAC[OR'oSuperintendent; ,5 e letter from the CONTRACTOR and Gubuontmsctor(m)listing any salaried specialists; .@ if applicable, a letter designating the "Competent Penann/mY' on general safety and trench safety rnmaouros' . .7 if applicable, a trench safety system plan; '8 if applicable, a plan illustrating proposed locations of temporary facilities; .9 lfapplicable, etraffic control plan; .10 acompleted Non-Use ofAsbestos Affidavit(Prior boConatnuction\;and .11 if applicable, a letter designating the Texas Registered Professional Land Surveyor for layout of the Work. 2.5 PmmconstructUonCoofwmmmce: Prior tocommencement ofWork aLthe site,apneoonstrucUonconference attended bvthe CONTRACTOR,Owners Representative and others will beheld. 00700 04-2020 Page 6 General Conditions 2.6 Initially Acceptable Schedules: Unless otherwise provided in the Contract Documents, the CONTRACTOR shall obtain approval of Owner's Representative on final versions of the schedules submitted in accordance with paragraph 2.4.2 before the first progress payment will be made to the CONTRACTOR. The progress schedule must provide for an orderly progression of the Work to completion within any specified Milestones and Contract Times. Acceptance of the schedule by Owners 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, EIA, 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 urofany such obsndand, apeoificaUnn, manual or code or instructions of any Supplier, the CONTRACTOR shall immediately report it to Owner's Representative in writing, and the CONTRACTOR shall not proceed with the Work affected thereby until an amendment or supplement to the Contract Documents has been issued by one of the methods indicated in paragraph 3.3.1 or paragraph 3'3.2. The CONTRACTOR shall be liable tothe OWNER for failure to report any such conflict,error, ambiguity or discrepancy of which the CONTRACTOR knew or reasonably should have known. 3'3 Amending and Supplementing Contract Documents: 3'3'1 The Contract Documents may be amended to provide for additions, deletions and revisions in the Work or tomodify the terms and conditions thereof|none ormore mfthe following ways: j Change Order. .2 Change Directive. 3.3'2 |naddition, the requirements ofthe Contract Documents may be supplemented, and minor variations and deviations inthe Work may baauthorized, |none ormore ofthe following ways: .f Field Order. .2 Review mfaShop Drawing orsample. '3 Written interpretation orclarification. 3.4 Reuse otDocuments Prohibited: The CONTRACTOR and any Subcontractor urSupplier orother person or organization performing or furnishing any of the Work under a direct or indirect contract with the OWNER: (1) shall not have or acquire any title to or ownership rights inany ofthe Drawings, Specifications orother documents(or copies ofany thereof) prepared by or bearing the seal of E/A or EIA's consultants, and (Ii)shall not reuse any of such Drawings, Specifications, other documents mrcopies onextensions ofthe Project orany other project vv|thmutxvrittanoonsentofthm (]VVNERamd E/A. ARTICLE 4-AVAILABILITY OF LANDS;SUBSURFACE AND PHYSICAL CONDITIONS; REFERENCE POINTS 4'1 Availability mfLands: The OWNER shall furnish,as indicated in the Contract Documents, all required rights to use the lands upon which the Work is to be performed, rights-of-way and easements for access theroto, and such other lands which are designated for the use ofthe CONTRACTOR. The OWNER shall identify any encumbrances orrestrictions not cf general application but specifically related touse oflands sofurnished with which the CONTRACTOR will have bu comply inperforming the Work. Easements for permanent structures or permanent changes in existing facilities will be obtained and paid for bythe [)VVNER, unless otherwise provided in the Contract Documents. If the C)VVyJEFl falls to furnish these lands, rights-of-way or easements in a timely manner,the CONTRACTOR may make aC|ainn for adjustments inthe Contract Times.The CONTRACTOR shall provide for all additional lands and access thereto that may be required for temporary construction facilities or storage of materials and equipment. 4.2 Subsurface and Physical Conditions: 4.2.1 The CONTRACTOR hereby covenants that it has examined the site of the proposed Work and is familiar with all of the conditions surrounding construction of the Projoc±, having conducted all inquihem, baata and investigations deemed necessary and proper. Unless the CONTRACTOR,prior bothe execution ofthe Agreement, has nobfiedthe OWNER |nwriting ofany condition ofthe site cfthe proposed Work that would adversely impact 00700 04~2020 Page 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. Owners Representative will promptly investigate such conditions with EIA 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 Antiquffies,Protection conforming to the Texas Natural Resources Code. If it is determined by the OWNER, in consultation with the Texas Department of Antiquities Protection,that exploration or excavation of primitive records or antiquities on Project site is necessary to avoid loss,the CONTRACTOR shall cooperate in salvage work attendant to preservation. If the Work stoppage or salvage work causes an increase in the CONTRACTOR's cost of,or time required for, performance of the Work, the Contract Amount and/or Contract Time may be equitably adjusted. 4.3 Reference Points: Unless otherwise specified, the OWNER will furnish all reference points, benchmarks, survey monuments, and control points which, in the OWNER's opinion,are suitable for laying out the Work. Such benchmarks and reference points will be placed at intervals not to exceed 1,500 feet. All reference points, benchmarks, survey monuments and control points shall be carefully preserved by the CONTRACTOR by use of flags, laths or other appropriate measures and, in case of destruction or removal by the CONTRACTOR or its employees, such reference points, benchmarks,survey monuments, and control points shall be replaced by a Registered Professional Land Surveyor at the CONTRACTOR's expense. When reference points, benchmarks, survey monuments, or control points are in conflict with the Work, then reestablishment will be the OWNER's responsibility during or upon completion of the Work. 4.4 Hazardous Materials: 00700 04-2020 Page 9 General Conditions 4.4.1 The OWNER shall be responsible for any hazardous material uncovered or revealed at the site which was not shown, indicated or identified in the Contract Documents to be Within the scope of the Work and which may present a substantial danger to persons or property exposed thereto in connection with the Work at the site. The CONTRACTOR shall immediately notify Owner's Representative of any suspected hazardous materials encountered before or during performance of the Work and shall take all necessary precautions to avoid further disturbance of the materials. 4.4.2 The CONTRACTOR shall be responsible for any hazardous materials brought to the site by the CONTRACTOR, Subcontractor, Suppliers or anyone else for whom the CONTRACTOR is responsible. 4.4.3 No asbestos-containing materials shall be incorporated into the Work or brought on the Project site without prior approval of the OWNER. 4.4.4 TO THE FULLEST EXTENT PERMITTED BY LAWS AND REGULATIONS, CONTRACTOR SHALL INDEMNIFY AND HOLD HARMLESS OWNER, AND ITS COUNCIL MEMBERS, EMPLOYEES,AGENTS,AND CONSULTANTS FROM AND AGAINST ALL CLAIMS, COSTS, LOSSES, AND DAMAGES (INCLUDING BUT NOT LIMITED TO ALL FEES AND CHARGES OF ENGINEERS, ARCHITECTS, ATTORNEYS, AND OTHER PROFESSIONALS AND ALL COURT OR ARBITRATION OR OTHER DISPUTE RESOLUTION COSTS)ARISING OUT OF OR RELATING TO FAILURE TO CONTROL, CONTAIN OR REMOVE A HAZARDOUS MATERIAL BROUGHT TO THE SITE BY CONTRACTOR OR BY ANYONE FOR WHOM CONTRACTOR IS RESPONSIBLE, OR TO A HAZARDOUS ENVIRONMENTAL CONDITION CREATED BY CONTRACTOR OR BY ANYONE FOR WHOM CONTRACTOR IS RESPONSIBLE. ARTICLE 5-BONDS AND INSURANCE 5.1 Surety and Insurance Companies: All bonds and insurance required by the Contract Documents shall be obtained from solvent surety or insurance companies that are duly licensed by the State of Texas and authorized to issue bonds or insurance policies for the limits and coverages required by the Contract Documents.The bonds shall be in a form acceptable to the OWNER and shall be issued by a surety which complies with the requirements of Chapter 3503, Texas Insurance Code (2005)and which is otherwise acceptable to the OWNER. OWNER may require the surety to obtain reinsurance for any portion of the risk that exceeds 10% of the surety's capital and surplus. For bonds exceeding $100,000, the surety must also hold a certificate of authority from the U.S. Secretary of the Treasury or have obtained reinsurance from a reinsurer that is authorized as a reinsurer in Texas and holds a certificate of authority from the U.S. Secretary of the Treasury. 5.2 Workers'Compensation Insurance Coverage: 5.2.1 Definitions; .1 Certificate of coverage ("certificate") - A copy of a certificate of insurance, a certificate of authority to self-insure issued by the commission, or a coverage agreement showing statutory workers' compensation insurance coverage for the person's or entity's employees providing services on the Project,for the duration of the Project. .2 Duration of the Project - includes the time from the beginning of the Work on the Project until the CONTRACTOR's/person's Work on the Project has been completed and accepted by the OWNER. .3 Persons providing services on the Project ("subcontractor" herein) - includes all persons or entities performing all or part of the services the CONTRACTOR has undertaken to perform on the Project, regardless of whether that person contracted directly with the CONTRACTOR and regardless of whether that person has employees. This includes, by way of illustration and not of limitation, 00700 04-2020 Page 10 General Conditions independent contractors, Subcontractors, leasing companies, motor carriers, owner-operators, employees of any such entity, or employees of any entity which furnishes persons to provide services on the Project. "Services" include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project. "Services" does not include activities unrelated to the Project, such as food/beverage vendors,office supply deliveries,and delivery of portable toilets. 5.2.2 The CONTRACTOR shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44)for all employees of the CONTRACTOR providing services on the Project, for the duration of the Project. 5.2.3 The OWNER will not execute the Contract prior to the CONTRACTOR providing all required certificates of coverage. 5.2.4 If the coverage period shown on the CONTRACTOR's current certificate of coverage ends during the duration of the Project, the CONTRACTOR must, prior to the end of the coverage period, file a new certificate of coverage with the OWNER showing that coverage has been extended. 5.2.5 The CONTRACTOR shall obtain from each person providing services on the Project, and provide to the OWNER: .1 a certificate of coverage, prior to that person beginning Work on the Project, so the OWNER will have on file certificates of coverage showing coverage for all persons providing services on the Project; and .2 no later than seven(7)days after receipt by the CONTRACTOR, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the Project. 5.2.6 The CONTRACTOR shall retain all required certificates of coverage for the duration of the Project and for one(1)year thereafter. 5.2.7 The CONTRACTOR shall notify the OWNER in writing by certified mail or personal delivery within ten (10) days after the CONTRACTOR knew or should have known of any change that materially affects the provision of coverage of any person providing services on the Project. 5.2.8 The CONTRACTOR shall post at its office or on each Project site a notice, in the text, form and manner prescribed by the Texas Workers' Compensation Commission, informing all persons providing services on the Project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage. 5.2.9 The CONTRACTOR shall contractually require each person with whom it contracts to provide services on a Project to: .1 provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44)for all of its employees providing services on the Project,for the duration of the Project; .2 provide to the CONTRACTOR, prior to that person beginning Work an the Project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the Project,for the duration of the Project; .3 provide the CONTRACTOR, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the Project; 00700 04.2020 Page 11 General Conditions .4 obtain from each other person with whom it contracts,and provide to the CONTRACTOR: a) a certificate of coverage, prior to the other person beginning Work on the Project; and b) a new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the Project; .5 retain all required certificates of coverage on file for the duration of the Project and for one (1) year thereafter: .6 notify the OWNER in writing by certified mail or personal delivery within ten (10)days after the person knew or should have known of any change that materially affects the provision of coverage of any person providing services on the Project; and .7 contractually require each person with whom it contracts,to perform as required by paragraphs 5.2.9.1 - 5.2.9.7, with the certificates of coverage to be provided to the person for whom they are providing services. 5.2.10 By signing this Contract or providing or causing to be provided a certificate of coverage, the CONTRACTOR is representing to the OWNER that all employees of the CONTRACTOR who will provide services on the Project will be covered by workers' compensation coverage for the duration of the Project,that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self-insured, with the commission's Division of Self-Insurance Regulation. Providing false or misleading information may subject the CONTRACTOR to administrative penalties, criminal penalties, civil penalties, or other civil actions. 5.2.11 The CONTRACTOR's failure to comply with any of these provisions is a breach of Contract by the CONTRACTOR which entities the OWNER to declare the Contract void if the CONTRACTOR does not remedy the breach within ten (10)days after receipt of notice of breach from the OWNER. 5.3 Contractor Insurance Requirements: For specific bond requirements and additional insurance requirements, refer to the Supplemental General Conditions. 5.3.1.1 General Requirements: .1 CONTRACTOR shall carry insurance in the types and amounts indicated below for the duration of the Contract, which shall include items owned by OWNER in the care, custody and control of CONTRACTOR prior to and during construction and warranty period. .2 CONTRACTOR must complete and forward the required Certificates of Insurance to OWNER before the Contract is executed as verification of coverage required below. CONTRACTOR shall not commence Work until the required insurance is obtained and until such insurance has been reviewed by OWNER. Approval of insurance by OWNER shall not relieve or decrease the liability of CONTRACTOR hereunder and shall not be construed to be a limitation of liability on the part of CONTRACTOR. CONTRACTOR must also complete and forward the required Certificates of Insurance to OWNER whenever a previously identified policy period has expired as verification of continuing coverage. .3 CONTRACTOR's insurance cover-age is to be written by companies licensed to do business in the State of Texas at the time the policies are issued and shall be written by companies with A.M. Best ratings of B+VII or better, except for hazardous material insurance which shall be written by companies with A.M. Best ratings of A-or better. 00700 04-2020 Page 12 General Conditions ,4 All endorsements naming the OWNER amadditional 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 tmthe OWNER where the OWNER ieaoadditional insured shown on any policy. It is intended that policies required in the Contract, covering both OWNER and CONTRACTOR, shall beconsidered primary coverage oaapplicable. .6 If insurance policies are not written for onnoumba specified be|onm. C{]NTF&AC7'OP( shall carry Umbrella or Excess Liability Insurance for any differences in amounts specified. |fExcess Liability Insurance improvided, itshall follow the form ofthe primary coverage. '7 OWNER shall bmentitled, upon request and without expense,toreceive carUfiedcopies ofpolicies and endorsements thereto and may make any reasonable naqummtm for deletion or revision or modification ofparticular policy terms, oondiUona. Urn|teUmne, or exclusions except where policy provisions are established by law or regulations binding upon either of the pmd0ms hereto or the undenwhbaronany such policies. '8 OWNER reserves the right to review the insurance requirements set forth during the effective period of this Contract d to make reasonable 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 aswell emCONTRACTOR. ,9 CONTRACTOR shall not cause any insurance to be canceled nor permit any insurance to lapse during the term wfthe Contract oramrequired inthe Contract. .10 CONTRACTOR shall be responsible for premiums, deductibles and self-insured retentions, if any, stated inpolicies. All deductibles orself-insured retentions shall bedisclosed onthe 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 mff-m|bm by CONTRACTOR, then the appropriate property policy will be endorsed for transit and storage in an amount sufficient to protect OVVNEF('mpmopedy. .13 The insurance coverages required under this contract are required minimums and are not intended &olimit the responsibility orliability ofCONTRACTOR. 5-3-1.2 Business Automobile Liability Insurance. Provide coverage for all ownad, non-owned and hired vmh|dem' The policy shall contain the following endorsements|nfavor ofOWNER: a\ Waiver ofSubrogation endorsement 7FE3Q46A| b\ 3Oday Notice ofCancellation endorsement TE02O2A;and c\ Additional Insured endorsement TEg901B. Provide coverage inthe following types and amounts: 00700 04~2020 Page 13 General Conditions '1 Aminimum combined single limit of$5D000D per occurrence for bodily injury 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. 5.3L1'3 Workers'Compensation and Employers' Liability Insurance: Coverage shall be consistent with statutory benefits outlined in the Texas Workers' Compensation Act (Section 401). CONTRACTOR shall assure compliance with this Statute by submitting two(2)copies of a standard certificate of coverage (e.g. ACCORD form) to Owner's Representative for every person providing services on the Project as acceptable proof of coverage. The required Certificate of Insurance must be presented as evidence of coverage for CONTRACTOR. Workers' Compensation Insurance coverage written by the Texas Workers Compensation Fund is acceptable to OWNER. CONTRACTOR's policy shall apply to the State of Texas and include these endorsements in favor of OWNER: a) Waiver ofSubrogation, form VVC42O3O4| and b\ 3Dday Notice ofCancellation,form VVC42D0O1. The minimum policy limits for Employers'Liability Insurance coverage shall be as follows: .1 $100.000 bodily injury per accident, $500.080 bodily injury by disease policy limit and $100,000 bodily injury bydUaeasaemchernp|¢yee. 5'3.1,4 Commercial General Liability Insurance. The Policy shall contain the following provisions: a) Blanket contractual liability coverage for ||abiUh/ assumed under the Contract and all contracts relative to this Project. b1 Completed Operations/Products Liability for the duration of the warranty period. o) Explosion, Collapse and Underground(X'C& U)coverage. d\ Independent Contractors coverage, e) Aggregate limits ofinsurance per project, endonammentCG 2503. D OWNER listed as$nadditional insured,endorsement CG2O1O' g\ 3Oday notice ofcancellation infavor oƒOWNER, endorsement CGO2D5. h\ Waiver of Transfer of Recovery Against Others in favor of OWNER, endorsement CG 2404' Provide comanmQem/\&B with minimum Un1i1s as follows: .1 Acombined bodily injury andpmmpedydamogeNmit of$50O.O0Oper occurrence. 5-3'1.5 Builders' Risk Insurance. CONTRACTOR mhoU maintain Builders' Risk Insurance or |ostoUaUmn Insurance on an all risk phya(om| loss form in the Contract Amount. Coverage shall continue until the Work isaccepted by OWNER. OWNER shall bemloss payee onthe policy. If off site storage|mpermitted,coverage shall include transit and storage in an amount sufficient to protect property being transported or stored. 5'4 Bonds: 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. s.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 $26,000 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 2,5°0 of the Contract Amount following Final Completion, and the remaining 511/o of the Contract Amount following the one year warranty period. .3 If the Contract Amount is less than or equal to $25,000, CONTRACTOR will not be required to furnish a Performance Bond; provided that no money will be paid to CONTRACTOR until completion and acceptance of the Work by OWNER under the following terms and conditions: CONTRACTOR shall be entitled to receive 95%of the Contract Amount following Final Completion, and the remaining 5%of the Contract Amount following the one year warranty period. .4 If a Performance Bond is required to be furnished, it shall extend for the one year warranty period. 5.4.3 Payment Bond. .1 If the Contract Amount exceeds $50,000, CONTRACTOR shall furnish OWNER with a Payment Bond in the form set out by OWNER. .2 If the Contract Amount is less than or equal to $50,000, CONTRACTOR will not be required to furnish a Payment Bond; provided that no money will be paid to CONTRACTOR until completion and acceptance of the Work by OWNER under the terms and conditions specified in paragraph 5.4.2.3. 00700 04-2020 Page 15 General Conditions ARTICLE 6-CONTRACTOR'S RESPONSIBILITIES 6.1 Supervision and Superintendence: 6.1.1 The CONTRACTOR shall supervise,inspect and direct the Work competently and efficiently,devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Contract Documents. Unless otherwise directed by the OWNER in the Contract Documents, the CONTRACTOR shall be solely responsible for the means, methods, techniques, sequences and procedures of construction. The CONTRACTOR shall be responsible to see that the completed Work complies accurately With the Contract Documents. 6.1.2 The CONTRACTOR shall have an English-speaking, competent Superintendent on the Work at all times that work is in progress. Upon request of Owner's Representative, the CONTRACTOR shall present the resume of the proposed Superintendent to Owner's Representative showing evidence of experience and successful superintendence and direction of work of a similar scale and complexity. If, in the opinion of Owner's Representative, the proposed Superintendent does not indicate sufficient experience in line with the Work, he/she will not be allowed to be the designated Superintendent for the Work. The Superintendent shall not be replaced without Written Notice to Owner's Representative. If the CONTRACTOR deems it necessary to replace the Superintendent,the CONTRACTOR shall provide the necessary information for approval, as stated above, on the proposed new Superintendent. A qualified substitute Superintendent may be designated in the event that the designated Superintendent is temporarily away from the Work, but not to exceed a time limit acceptable to Owners Representative. The CONTRACTOR shall replace the Superintendent upon the OWNER's request in the eventthe Superintendent is unable to perform to the OWNER's satisfaction. The Superintendent will be the CONTRACTOR's representative on the Work and shall have the authority to act on behalf of the CONTRACTOR. All communications given to the Superintendent shall be as binding as if given to the CONTRACTOR. Either the CONTRACTOR or the Superintendent shall provide an emergency and home telephone number at which one or the other may be reached if necessary when work is not in progress. 6.2 Labor, Materials and Equipment: 6.2.1 The CONTRACTOR agrees to employ only orderly and competent workers, skillful in performance of the type of Work required under this Contract. The CONTRACTOR, Subcontractors, Sub-subcontractors, and their employees may not use or possess any firearms, alcoholic or other intoxicating beverages, illegal drugs or controlled substances while on the job or on the OWNER's property, nor may such workers be intoxicated,or under the influence of alcohol or drugs,on the job. If the OWNER or Owner's Representative notifies the CONTRACTOR that any worker is incompetent, disorderly or disobedient, has knowingly or repeatedly violated safety regulations, has possessed any firearms, or has possessed or was under the influence of alcohol or drugs on the job, the CONTRACTOR shall immediately remove such worker from performing Contract Work, and may not employ such worker again on Contract Work without the OWNER's prior written consent. The CONTRACTOR shall at all times maintain good discipline and order on or off the site in all matters pertaining to the Project. The CONTRACTOR shall pay workers no less than the wage rates established In Section 00900,and maintain weekly payroll reports as evidence thereof. 6.2.2 Unless otherwise specified, the CONTRACTOR shall provide and pay for all materials, equipment, labor, transportation, construction equipment and machinery,tools, appliances, fuel, power, light, heat, telephone,water, sanitary facilities, temporary facilities and all other facilities and incidentals necessary for the furnishing, performance, re-testing of defective work, start-up and completion of the Work. 6.2.3 All materials and equipment shall be of good quality and new (including new products made of recycled materials), except as otherwise provided in the Contract Documents. If required by Owner's Representative, the CONTRACTOR shall furnish satisfactory evidence (reports of required tests, manufacturers certificates of compliance with material requirements, mill reports, etc.) as to the kind, quantity and quality of materials and equipment. All materials and equipment shall be applied, installed, connected, erected, used, cleaned and conditioned in accordance with instructions of the applicable Supplier,except as otherwise provided in the Contract Documents. 00700 04-2020 Page 16 General Conditions 6.2.4 Substitutes and "Approved Equal" Items: 6.2.4.1 Whenever an item of material or equipment is specified or described in the Contract Documents by using the name of a proprietary item or the name of a particular Supplier, the specification or description is intended to establish the type,function and quality required. Unless the specification or description contains words reading that no like, equivalent or"approved equal" item or no substitution is permitted, other items of material or equipment of other Suppliers may be submitted to Owner's Representative under the following circumstances: .1 "Approved Equal": If, in the OWNER's sole discretion, an item of material or an item of equipment proposed by the CONTRACTOR is functionally equal to that named and sufficiently similar so that no change in related Work will be required, it may be considered by the OWNER as an "approved equal" item,in which case review of the proposed item may, in the OWNER's sole discretion,be accomplished without compliance with some or all of the requirements for evaluation of proposed substitute items. The CONTRACTOR shall provide the OWNER with the documentation required for the OWNER to make its determination. .2 Substitute Items: If, in the OWNER's sole discretion, an item of material or an item of equipment proposed by the CONTRACTOR does not qualify as an "approved equal" item under paragraph 6.2.4.1.1, then it will be considered a proposed substitute item. The CONTRACTOR shall submit sufficient information to allow the OWNER to determine that the item of material or item of equipment proposed is essentially equivalent to that named and a substitute therefor. 6.2.4.2 Substitute Construction Methods and Procedures: If a specific means, method, technique, sequence or procedure of construction is shown or indicated in and expressly required by the Contract Documents, the CONTRACTOR may with prior approval of the OWNER furnish or utilize a substitute means, method, technique, sequence, or procedure of construction. The CONTRACTOR shall submit sufficient information to Owner's Representative to allow the OWNER, in the OWNER's sole discretion,to determine that the substitute proposed is equivalent to that expressly called for by the Contract Documents, 6.2.4.3 OWNER's Evaluation: The OWNER will be allowed a reasonable time within which to evaluate each proposal or submittal made pursuant to paragraph 6.2.4.1.1 and paragraph 6.2.4.1.2. The OWNER will be the sole judge of acceptability. No"approved equal"or substitute shall be ordered, installed, or utilized until the OWNER's review is complete, which will be evidenced by either a Change Order or completion of the Shop Drawing review procedure. The OWNER may require the CONTRACTOR to furnish at the CONTRACTOR's expense a special performance guarantee or other surety bond with respect to any"approved equal"or substitute. The OWNER shall not be responsible for any delay due to review time for any"approved equal"or substitute. 6.2.4.4 CONTRACTOR's Expense: All data to be provided by the CONTRACTOR in support of any proposed "approved equal"or substitute item will be at the CONTRACTOR's expense. 6.2.5 The CONTRACTOR agrees to assign to the OWNER any rights it may have to bring antitrust suits against its Suppliers for overcharges on materials incorporated in the Project growing out of illegal price fixing agreements. The CONTRACTOR further agrees to cooperate with the OWNER should the OWNER wish to prosecute suits against Suppliers for illegal price fixing. 6.3 Progress Schedule: Unless otherwise directed, the CONTRACTOR shall adhere to the progress schedule established in accordance with paragraph 2.6 as it may be adjusted from time to time as provided below: .1 The CONTRACTOR shall submit to Owners 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. 06700 04-2020 Page 17 General Conditions .2 Proposed adjustments in the progress schedule that will change the Contract Times or Milestones shall be submitted in accordance with the requirements of Article 12. Such adjustments may only be made by a Change Order or Time Extension Request in accordance with Article 12. 6.4 Concerning Subcontractors, Suppliers and Others: 6.4.1 Assignment: The CONTRACTOR agrees to retain direct control of and give direct attention to the fulfillment of this Contract. The CONTRACTOR agrees not to,by Power of Attorney or otherwise,assign said Contract without the prior written consent of the OWNER. 6.4.2 Award of Subcontracts for Portions of the Work: The CONTRACTOR shall not employ any Subcontractor, Supplier or other person or organization, whether initially or as a substitute, against whom the OWNER may have reasonable objection. The CONTRACTOR must provide the OWNER with a list of all Subcontractors, Suppliers, or other persons or organizations it will use in the Work,and such list must be provided prior to the preconstruction conference. Should the OWNER have objections,the OWNER will communicate such objections by Written Notice. If the OWNER requires a change without good cause of any Subcontractor, person or organization previously accepted by OWNER,the Contract Amount may be increased or decreased by the difference in the cost occasioned by any such change, and an appropriate Change Order shall be issued. The CONTRACTOR shall not substitute any Subcontractor, person or organization that has been accepted by the OWNER, unless the substitute has been accepted in writing by the OWNER. No acceptance by the OWNER of any Subcontractor,Supplier or other person or organization shall constitute a waiver of any right of the OWNER to reject defective Work. 6.4.3 The CONTRACTOR shall enter into written agreements with all Subcontractors and Suppliers which specifically bind the Subcontractors or Suppliers to the applicable terms and conditions of the Contract Documents for the benefit of the OWNER and EIA. The OWNER reserves the right to specify that certain requirements shall be adhered to by all Subcontractors and Sub-subcontractors as indicated in other portions of the Contract Documents and these requirements shall be made a portion of the agreement between the CONTRACTOR and Subcontractor or Supplier. 6.4.4 The CONTRACTOR shall be fully responsible to the OWNER for all acts and omissions of the Subcontractors, Suppliers and other persons and organizations performing or furnishing any of the Work under a direct or indirect contract with the CONTRACTOR just as the CONTRACTOR is responsible for the CONTRACTOR's own acts and omissions. Nothing in the Contract Documents shall create for the benefit of any such Subcontractor,Supplier or other person or organization any contractual relationship between the OWNER and any such Subcontractor, Supplier or other person or organization, nor shall it create any obligation on the part of the OWNER or EIA to pay or to see to the payment of any amounts due any such Subcontractor, Supplier or other person or organization except as may otherwise be required by laws and regulations. 6.4.5 The CONTRACTOR shall be solely responsible for scheduling and coordinating the Work of Subcontractors, Suppliers and other persons and organizations performing or furnishing any of the Work under a direct or indirect contract with the CONTRACTOR. The CONTRACTOR shall require all Subcontractors,Suppliers and such other persons and organizations performing or furnishing any of the Work to communicate with Owners Representative through the CONTRACTOR. 6.4.6 The divisions and sections of the Specifications and the identifications of any Drawings shall not control the CONTRACTOR in dividing or delineating the Work to be performed by any specific trade. 6.4.7 The CONTRACTOR shall pay each Subcontractor and Supplier their appropriate share of payments made to the CONTRACTOR not later than ten(10)Days after the CONTRACTOR's receipt of payment from the OWNER. 6.5 Patent Fees and Royalties: 6.5.1 The CONTRACTOR shall be responsible at all times for compliance with applicable patents or copyrights encompassing, in whole or in part, any design, device, material, or process utilized, directly or indirectly, in the performance of the Work or the formulation or presentation of its Bid. 00700 04-2020 Page 18 General Conditions 6.5.2 The CONTRACTOR shall pay all royalties and license fees and shall provide, prior to commencement of Work hereunder and at all times during the performance of same, for lawful use of any design, device, material or process covered by letters, patent or copyright by suitable legal agreement with the patentee, copyright holder, or their duly authorized representative whether or not a particular design, device, material, or process is specified by the OWNER. 6.5.3 The CONTRACTOR shall defend all suits or claims for infringement of any patent or copyright and shall indemnify and save the OWNER harmless from any and all claims,costs,losses,expenses and damages(including but not limited to attorneys fees and consultant fees),direct or indirect,arising with respect to the CONTRACTOR's process in the formulation of its bid or the performance of the Work or otherwise arising in connection therewith. The OWNER reserves the right to provide its own defense,with counsel of its own choosing,to any suit or claim of infringement of any patent or copyright in which event the CONTRACTOR shall indemnify and save harmless the OWNER from all costs and expenses of such defense as well as satisfaction of all judgments entered against the OWNER. 6.5.4 The OWNER shall have the right to stop the Work and/or terminate this Agreement at any time in the event the CONTRACTOR fails to disclose to the OWNER that the CONTRACTOR's work methodology includes the use of any infringing design, device, material or process. 6.6 Permits, Fees: Unless otherwise provided in the Supplemental General Conditions, the CONTRACTOR shall obtain and pay for all construction permits, licenses and fees required for prosecution of the Work. OWNER will obtain and pay for the following permits, licenses and/or fees, if required: .1 Site Development Permit. .2 Building Permit(s). .3 Texas Department of Transportation permit for work in State rights-of-way. .4 Railroad Utility License Agreement. 6.7 Laws and Regulations: 6.7.1 The CONTRACTOR shall give all notices and comply with all laws and regulations applicable to furnishing and performing the Work. Except where otherwise expressly required by applicable laws and regulations, neither the OWNER nor EIA shall be responsible for monitoring the CONTRACTOR's compliance with any laws and regulations. 6.7.2 The CONTRACTOR shall plan and execute its operations in compliance with all applicable Federal, State and local laws and regulations, including those concerning control and abatement of water pollution and prevention and control of air pollution. 6.7.3 If the CONTRACTOR performs any Work that it is contrary to laws or regulations, then the CONTRACTOR shall bear and shall indemnify, defend and hold OWNER harmless from all claims, costs, losses and damages arising therefrom; however, it shall not be the CONTRACTOR's primary responsibility to make certain that the Specifications and Drawings are in accordance with laws and regulations, but this does not relieve the CONTRACTOR of the CONTRACTOR's obligations under Article 3. 6.8 Taxes: 6.8.1 The CONTRACTOR shall pay all sales, consumer, use and other similar taxes required to be paid by the CONTRACTOR in accordance With the laws and regulations of the State of Texas. 00700 04-2020 Page 19 General Conditions 6.8.2 The OWNER|smmexempt 11cfthe Property Tax Code mfTexas and is thereby exempt from payment of Sales Tax under Chapter 15Y. Limited Use Sales, Excise and Use Tax, Texas Tax Code, and Chapter 321.Texas Tax Code. 6.9 Use of Premises: 6.9.1 The CONTRACTOR shall confine construction equipment,the storage ofmaterials and equipment and the operations of workers to the site and land and areas identified in and permitted by the Contract Documents and other land and areas permitted by |mwm and regulations, rights-of-way, permits and eamennento, and abaU not unreasonably encumber the premises with construction equipment or other materials or equipment. The CONTRACTOR ahmU assume full responsibility for any damage to any such land or area, or to the owner or occupant thereof orofany adjacent land orareas, resulting from the performance ofthe Work. Should any claim be made by any such owner or occupant because of the performance of the VVorh. the CONTRACTOR shall prompfly settle with such other party by negotiation or otherwise resolve the claim by dispute resolution proceeding oratlaw. The CONTRACTOR shall indemnify, defend and hold harmless the OWNER, EIA, EINs consultants and anyone directly or indirectly employed by any of them from and against all claims, 000b*. losses and damages (including court costs and reasonable attorneys'fees) arising out of or resulting from any claim or action, legal or equitable, brought bvany such owner wroccupant against the {JVVNEF{. EA\ mrany other party indemnified hereunder to the extent caused by or based upon performance of the Work or failure to perform the Work. 6.9.2 During the progress of the Work and on a daily bogim' the CONTRACTOR shall keep the pnam(aea free from accumulations of waste materials, rubbish and other debris resulting from the Work. Atthe completion ofthe VVorh, the CONTRACTOR shall remove all waste nnaheha|$' rubbish and debris from and about the premises well as all too|s, appliances, construction equipment and machinery and surplus materials. The CONTRACTOR shall leave the site clean and ready for occupancy by the OWNER at Substantial Completion of the Work. The CONTRACTOR oha||, at a minimum, restore to original condition all property not designated for alteration by the Contact Documents. 0.9'3 The CONTRACTOR shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall the CONTRACTOR subject any part ofthe Work mradjacent property tostresses orpressures that will endanger it. 6'10 Record Documents: The CONTRACTOR shall maintain inasafe place atNhe site, orother location acceptable bxthe OWNER, one(1) record copy of all Drawings,Specifications,Addenda,Change Orders,Change Directives, Field Orders and written interpretations and clarifications (issued pursuant to paragraph 9.5) in good order and annotated to show all changes made during construction. These record documents, together with all final samples and all final Shop Drawings,will baavailable bxthe OWNER and E/Afor reference during performance cfthe Work. Upon Substantial Completion of the Work, these record documents, samples and Shop Drawings showing the final ~am built" construction ofthe Project mhaDbepnornpUyde|ivenadto{}m/nar'aReppasenbmhve. 6.11 Safety and Protection: 6.11-1 The CONTRACTOR shall be responsible for initiating, maintaining and supervising all safety precautions and programs|nconnection with the Work. Upon request,and phorhoinstallation ofmeasures,the CONTRACTOR shall submit a site security and safety plan for approval by the OWNER. By reviewing the plan or making recommendations or uornmanto^ the OWNER will not assume liability will the CONTRACTOR be neUsxmed of liability for damage, injury orloss. The CONTRACTOR shall take all necessary precautions for the safety ofand shall provide the necessary protection to prevent damage, injury or loss to: .1 all persons onthe Work site mrwho may be affected bythe Work; .2 all the Work and materials and equipment to be incorporated therein, whether In storage on or off the eite^. and 00700 04~2020 Page 20 General Conditions .3 other property at the site or adjacent thereto, including but not limited to, trees, shrubs, lawns, walks, pavements, roadways, structures, utilities and underground facilities not designated for removal, relocation or replacement in the course of construction. 6.11.2 The CONTRACTOR shall comply with all applicable laws and regulations of any public body having jurisdiction for safety of persons or property or to protect them from damage, injury or loss; and shall erect and maintain all necessary safeguards for such safety and protection. The CONTRACTOR shall notify owners of adjacent property and of underground facilities, and utility owners when prosecution of the Work may affect them, and shall cooperate with them in the protection, removal, relocation and replacement of their property. All damage, injury or loss to any property referred to in paragraph 6.11.1,2 and paragraph 6.11.1.3 caused, directly or indirectly, in whole or in part, by the CONTRACTOR, Subcontractor, Supplier or any person or organization directly or indirectly employed by any of them to perform or furnish any of the Work or anyone for whose acts any of them may be responsible, shall be remedied by the CONTRACTOR (except damage or loss attributable to the fault of Drawings or Specifications or to the acts or omissions of the OWNER, or EIA, 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. 6.111.5.11 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 EIA, 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 an 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 ofsuch documentation shall be providedtoOwner's Representative,for the [/WNER'sand E/A!srecords, vokh|nforty-eight(48)hours ofthe event. 6'12 Continuing the Work: The CONTRACTOR shall carry on the Work and adhere to the progress schedule during all disputes or disagreements with the OWNER. NoWork shall bedelayed mrpostponed pending resolution ofany disputes or disagreements, except as the OWNER and the CONTRACTOR may agree in writing. 8'13 CONTRACTOyK`s General Warranty and Guarantee: 6-13.1 The CONTRACTOR warrants and guarantees bothe OWNER that all Work will beperformed inagood and workmanlike manner in accordance with the Contract Documents and will not be defective. ThmC(]NTRACTOR'e warranty and guarantee hereunder excludes defects prdamage caused by: -1 abuse, nnod1ficatinnorimproper maintenance mroperation bypersons other than the CONTRACTOR, Subcontractors or Suppliers; or .2 normal wear and tear under normal usage. 6.13'2 The C[>NTRACTOR's obligation to perform and complete the Work in a good and workmanlike manner in accordance with the Contract Documents shall be absolute. None of the following will oougt|tuba acceptance of Work not in accordance with the Contract Documents ora nm|emme of the CDNTRACTC)R^s obligation to perform the Work inaccordance with the Contract Documents: .1 observations byOwner's Representative and/or EIA; .2 recommendation of any progress or final payment by Owner's Representative; .3 the issuance of certificate of Substantial Connp|mUmn or any payment by the OWNER to the CONTRACTOR under the Contract Oooumnenta' . .4 use oroccupancy of the Work orany part thereof by the OWNER; '5 any acceptance bvthe OWNER orany failure bodoso; -6 any review ofaShop Drawing orsample submittal; .7 any inspection,test orapproval byothers; or -8 any correction ofdefective Work bythe OWNER. '9 the failure of the OWNER, E/A or any other person or entity acting on behalf of the OWNER or E/A to observe' detect or discover any defect in the Work or any non-conformance of the Work with any requirement ofthe Contract Documents. CONTRACTOR hereby waives any claim or defense to any claim by the OWNER that any failure by the OWNER, E/A, or any other person or entity acting on behalf of the OWNER or E/A to observe, detect or discover any defect in the Work relieves or na|emses, in u/ho|m or in port. CONTRACTOR from any obligations or responsibility for the correction of such defects or any other obligation of CONTRACTOR under the Contract Documents. 6.14 Indemnification: 6.14.1 TO THE FULLEST EXTENT PERMITTED BYLAW,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 WORD, REGARDLESS OF WHETHER SUCH CLAIMS, COSTS, LOSSES, AND DAMAGES ARE CAUSED, IN WHOLE OR 1N 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. 1F, 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 1.51 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, EIAs 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 ETA's consultant's officers, directors, partners, employees or agents. 6.14.4 In the event the CONTRACTOR fails to follow the OWNER's directives concerning use of the site, scheduling or course of construction, or engages in other conduct which proximately causes damage to property based on inverse condemnation or otherwise, then and in that event, the CONTRACTOR shall indemnify the OWNER against all costs resulting from such claims. 6.14.5 In the event the CONTRACTOR unreasonably delays progress of the work being done by others on the site so as to cause loss for which the OWNER becomes liable, then the CONTRACTOR shall reimburse the OWNER for such loss. 6.15 Survival of Obligations: All representations, indemnifications,warranties and guarantees made in, required by or given in accordance with the Contract Documents,as well as all continuing obligations indicated in the Contract Documents,will survive final payment, completion and acceptance of the Work and termination or completion of the Agreement. 6.16 Losses from Natural Causes: Unless otherwise specified, all loss or damage to the CONTRACTOR arising out of the nature of the Work to be done or from action of the elements,floods or from unforeseeable circumstances in prosecution of the Work or from 00700 04-2020 Page 23 General Conditions unusual obstructions or difficulties which may be encountered in prosecution of the Work, shall be sustained and borne by the CONTRACTOR at its own cost and expense. 6.17 Notice of Claim: Should the CONTRACTOR suffer injury or damage to person or property because of any error, omission or act of the OWNER or of any of the OWNER's employees oragents or others forwhose acts the OWNER is liable,a Claim will be made to the other party within thirty (30) calendar days of the event giving rise to such injury or damage. The provisions of this paragraph 6.17 shall not be construed as a substitute for or a waiver of the provisions of any applicable statute of limitations,statute of repose, or any other provision of the Contract Documents. 6.18 Liquidated Damages: Atset forth in the Agreement,paragraph 1.2,the CONTRACTOR orits Surety shall be liable for Liquidated Damages for the CONTRACTOR's failure to timely complete the Work or any portion thereof within the Contract Time. See Supplemental Conditions for amount of Liquidated Damages. ARTICLE 7-OTHER WORK 7.1 The OWNER may perform other work related to the Project at the site by the OWNER's own forces, or let other contracts therefor, or have other work performed by utility owners. If the CONTRACTOR believes that delay or additional cost is involved because of such action by the OWNER, the CONTRACTOR may make a Claim as provided in Article 11 or Article 12, 7.2 The CONTRACTOR shall afford other contractors who are in a contract with the OWNER and each utility owner(and the OWNER, if the OWNER is performing the additional work with the OWNER's employees) proper and safe access to the site and a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such other work and shall properly connect and coordinate the Work with theirs. Unless otherwise provided in the Contract Documents, the CONTRACTOR shall do all cutting, fitting and patching of the Work that may be required to make its several parts come together properly and integrate with such other work. The CONTRACTOR shall not endanger any work of others by cutting, excavating or otherwise altering their work and will only cut or alter their work with the written consent of Owner's Representative and the other contractors whose work will be affected. The CONTRACTOR shall promptly remedy damage caused by the CONTRACTOR to completed or partially completed construction or to property of the OWNER or separate contractors. 7.3 If the proper execution or results of any part of the CONTRACTOR's Work depends upon work performed by others under this Article 7, the CONTRACTOR shall inspect such other work and promptly report to Owner's Representative in writing any delays, defects or deficiencies in such other work that render it unavailable or unsuitable for the proper execution and results of the CONTRACTOR's Work. The CONTRACTOR's failure to report will constitute an acceptance of such other work as fit and proper for integration with the CONTRACTOR's Work except for latent or non-apparent defects and deficiencies in such other work. 7.4 The OWNER shall provide for coordination of the activities of the OWNER's own forces and of each separate contractor with the Work of the CONTRACTOR, who shall cooperate with them. The CONTRACTOR shall participate with other separate contractors and Owners Representative in reviewing their construction schedules when directed to do so. The CONTRACTOR shall make any revisions to the construction schedule deemed necessary after a joint review and mutual agreement. The construction schedules shall then constitute the schedules to be used by the CONTRACTOR, separate contractors and the OWNER until subsequently revised. 7.5 Unless otherwise stated herein, costs caused by delays or by improperly timed activities or defective construction shall be borne by the party responsible therefor. 7.6 If CONTRACTOR damages,delays,disrupts or interferes with the work of any other contractor,or any utility owner performing other work at or adjacent to the site of the Project, through CONTRACTOR's failure to take reasonable and customary measures to avoid such impacts, or if any claim arising out of CONTRACTOR's actions, 00700 04-2020 Page 24 General Conditions inactions or negligence in performance of the Work at or adjacent to the site of the Project is made by any such other contractor or utility owner against CONTRACTOR, OWNER, or E/A, then CONTRACTOR shall (1)promptly attempt to settle the claim as to all parties through negotiations with such other contractor or utility owner, or otherwise resolve the claim by arbitration or other dispute resolution proceeding or at law, and(2)INDEMNIFY AND HOLD HARMLESS THE INDEMNIFIED PARTIES, INCLUDING, BUT NOT LIMITED TO THE EIA 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 Owners 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. f=ailure 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 EIA 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 -ENGINEERIARCHITECT'S STATUS DURING CONSTRUCTION 9.1 E/A's Authority and Responsibilities: 9.1.1 The duties and responsibilities and the limitations of authority of E/A during construction are set forth in the Contract Documents and shall not be extended without written consent of the OWNER and EIA. The assignment 00700 04-2020 Page 26 General Conditions of any authority, duties or responsibilities bmE/Aunder the Contract Documents, orunder any agreement between the OWNER and EIA, orany undertaking, exercise pr performancethereof bvE/A. imintended bobafor the sole and exclusive benefit of the OWNER and is not for the benefit of the CONTRACTOR. Subcontrmohor, Sub- subcontractor,Supplier, or any other person or organization,or for any surety or employee or agent of any of them. 9.1.2 E64 will not supervise, dirent, control or have authority over or be responsible for the C(3NTRACTOR's means, methods, techniques, sequences nrprocedures of construction, or the safety precautions and programs incident thereto. E/A is not responsible for any failure of the CONTRACTOR to comply with laws and regulations applicable to the furnishing or pmdboninQ the Work. EA\ is not responsible for the CONTRACTOR'o failure to perform mrfurnish the Work inaccordance with the Contract Documents. Failure oromission of E64todiscover,or object to or condemn any defective Work or nnabaha| shall not release the CONTRACTOR from the obligation to properly and fully perform the Work. 9.1.3 E/A is not responsible for the acts or omissions of the CONTRACTC)R, or of any Subcontractor, any Supplier,or of any other person or organization performing or furnishing any of the Work. 9'1'4 If the CJVVNER| so directs, E[A will review the final Application for Payment and accompanying documentation and all maintenance and operating instructions, echedu|mm, guanmntomo, bonds and certificates of inspection,tests and approvals and other documentation required to be delivered byArticle 14`but only bodetermine generally that their content complies with the requirements of, and in the case of certificates of inspections, tests and approvals that the results certified indicate compliance with, the Contract Documents. 9.1.5 The limitations upon authority and responsibility set forth in this paragraph 9.1 shall also apply to E/Ne Consultants, Resident Project R|apremenbativeand assistants. 9.2 EAA as Owner's Representative: 9.2.1 E/Amay Umdesignated asOwners Representative under paragraph 8.1. 9.3 Visits tmSite: Kthe OWNER oodirects,E/Awill make visits tuthe site at intervals appropriate tmthe various stages ofconstruction oaisnecessary imorder boobserve asmnexperienced andqualifieddem|Anprofesmionm|thepnognassthathamheen made and the quality ofthe various aspects mfthe CONTRACTOR'mexecuted Work. Based oninformation obtained dudng such visits and ohmervmtimnm. E/A will endeavor for the benefit of the OWNER to determine if the Work is proceeding inaccordance with the Contract Documents. E/4will not bmrequired homake exhaustive orcontinuous on-site inapeoUonmkocheck the quality wrquantity mfthe Work. E/A'mefforts will bedirected toward providing for the OWNER ogreater degree of confidence that the completed Work will conform to the Contract Documents. On the basis of such visits and on-site observations, E/A will keep the OWNER informed of the progress mfthe Work and will endeavor toguard the OWNER against defective Work. E/A'avisits and on-site observations are subject to all the limitations on EIA's authority and responsibility set forth in paragraph 9.1. 9^4 Project Representative: If the OWNER and EA\ agree, E/A will furnish m Resident Project Representative to assist E/A in providing more continuous observation Cfthe Work. The responsibilities and authority and limitations ofany such Resident Project Representative and assistants will be as provided in paragraph 8.1 and in the Supplemental General Conditions. The OWNER may designate another representative oragent torepresent the OWNER atthe site who imnot E/A` E/A'aconsultant, agent oremployee. 9-5 Clarifications and Interpretations: E/A may determine that written clarifications or interpretations of the requirements of the Contract Documents (in the form ofdrawings orotherwise) are necessary. Such written clarifications orinterpretations will beconsistent with the intent ofand reasonably inferable from the Contract Documents,wi U be issued with reasonable promptness by Owner's Representative and will be binding on the OWNER and the CONTRACTOR. If the OWNER or the 00700 04-2020 Page 26 General Conditions CONTRACTOR believes that mwritten clarification orinterpretation 'uaUfieoanadjustment inthe Contract Amount orthe Contract Times, the OWNER orthe CONTRACTOR may make aClaim therefor amprovided inArticle 11or Article 12, 9.6 Rejecting Defective Work: EIA may recommend that the OWNER disapprove orreject Work which EIA believes to be defective, or believes will not produce mcompleted Project that conforms bzthe Contract Documents orwill prejudice thwinteghtyof the design concept mfthe completed Project as a functioning whole amindicated bythe Contract Documents. ARTICLE 10-CHANGES IN THE WORK 10,1 Changes: 10.1.1 Without invalidating the Contract and without notice toany ty, the OWNER, atanytime mrfrom 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 orField 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 |srequired before the CONTRACTOR commences any activities associated with achange inthe Work which, in the C[)NTFbuC3lOR{"oopinion,will result ina change inthe 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 hma surety, the giving of any such notice will be the CONTRACTOR's responsibility,and the amount of each applicable Bond will baadjusted accordingly. 18'2 Change Orders* 10-2.1 The OWNER and the CONTRACTOR shall execute appropriate written Change Orders covering: .1 achange inthe Work; .2 the amount zfthe adjustment inthe Contract Amount, ifany;and .3 the extent ofthe adjustment inthe Contract Time, ifany. 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 aresult ofthe occurrence wrevent causing the change inthe Work encompassed bythe Change Order. 10.3 Change Directives: 10-3.1 The OWNER may bywritten Change Directive,without invalidating the Contract,order changes in the Work within the general scope of the Contract consisting of additions, deletions or other revisions, the Contract Amount 00700 04-2020 Page 27 General Conditions and Contract Time being adjusted as necessary. A Change Directive shall be used in the absence of complete and prompt agreement on the terms of a Change Order. 10.3.2 If the Change Directive provides for an adjustment to the Contract Amount, the adjustment shall be based on the method provided for in paragraph 11.5. 10.3.3 A Change Directive shall be recorded later by preparation and execution of an appropriate Change Order. 10.3.4 Upon receipt of a Change Directive, CONTRACTOR shall promptly proceed with the change in the Work involved. 10.4 Field Order: 10.4.1 Owners Representative may authorize minor variations in the Work from the requirements of the Contract Documents which do not involve an adjustment in the Contract Amount or the Contract Times and are compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. These shall be accomplished by written Field Order and shall be binding on the OWNER and on the CONTRACTOR who shall perform the Work involved promptly. 10.4.2 If the CONTRACTOR believes that a Field Order would require an adjustment in the Contract Amount and/or Contract Times, the CONTRACTOR shall make written request to Owner's Representative for a Change Order. Any request by the CONTRACTOR for an adjustment in Contract Amount and/or Contract Times shall be made in writing prior to beginning the work covered by the Field Order. 10.5 No Damages for Delay: Except as otherwise provided in the Contract Documents, the CONTRACTOR shall receive no compensation for delays or hindrances to the Work. If delay is caused by specific orders given by the OWNER to stop Work for reasons for which the CONTRACTOR is not responsible, or such delay is not caused by active interference in the Work by OWNER for reasons for which the CONTRACTOR is not responsible, then such delay will entitle the CONTRACTOR only to an equivalent extension of time,the CONTRACTOR's application for which shall, however, be subject to approval of the OWNER. No such extension of time shall release the CONTRACTOR or surety on its performance bond from all the CONTRACTOR's obligations hereunder which shall remain in full force until discharge of the Contract. ARTICLE 11 -CHANGE OF CONTRACT AMOUNT 11.1 The Contract Amount is stated in the Agreement and, including authorized adjustments,is the total amount payable by the OWNER to the CONTRACTOR for performance of the Work under the Contract Documents. 11.2 The original Contract Amount may not be increased by more than twenty-five percent(25%)and it may not be decreased more than twenty-five percent(25%)without the consent of the CONTRACTOR to such decrease. 11.3 The Contract Amount shall only be changed by a Change Order. Any claim for an adjustment in the Contract Amount shall be made by Written Notice delivered by the party making the Claim to the other party promptly (but in no event later than thirty(30)calendar days)after the start of the occurrence or event giving rise to the Claim and stating the general nature of the Claim. Notice of the amount of the Claim with supporting data shall be delivered within thirty(30)calendar days after Written Notice of Claim is delivered by claimant,and shall represent that the adjustment claimed covers all known amounts to which claimant is entitled as a result of said occurrence or event. If the OWNER and the CONTRACTOR cannot otherwise agree,all Claims for adjustment in the Contract Amount shall be determined as set out in Article 16. 11.4 Determination of Value of Work: 00700 04-2020 Page 28 General Conditions 11.4.1 The value of any Work covered by a Change Order or of any Claim for an adjustment in the Contract Amount will be determined by one or more of the following methods: .1 by application of unit prices contained in the Contract Documents to the quantities of the items involved. .2 by a mutually agreed lump sum properly itemized and supported by sufficient substantiating data to permit evaluation. .3 by cost of Work plus the CONTRACTOR's fee for all overhead costs and profit(determined as provided in paragraph 11.5). 11.4.2 Before using the method described in paragraph 11.4.1.3, the OWNER and the CONTRACTOR agree to negotiate a Change Order using the methods identified in paragraph 11.4.1.1 and paragraph 11.4.1.2, as appropriate, to determine the adjustment in the Contract Amount. 11.5 Cost of Work: If neither of the methods defined in paragraph 11.4.1.1 or paragraph 11.4.1.2 can be agreed upon before a change in the Work is commenced which will result in an adjustment in the Contract Amount, the OWNER may issue a Change Directive to the CONTRACTOR. If the OWNER elects to issue a Change Directive, CONTRACTOR shall perform the Changed Work and payment will be made as follows: .1 For all personnel, the CONTRACTOR will receive the rate or wage specified in the prevailing wage rates established in Section 00900 for each hour that said personnel are actually engaged in such Work, to which will be added an amount equal to twenty-five percent (25%) of the sum thereof as compensation for the CONTRACTOR's and any affected Subcontractor's total overhead and profit. No separate charge will be made by the CONTRACTOR for organization or overhead expenses. For the cost of premiums on public liability insurance, workers' compensation insurance, social security and unemployment insurance, an amount equal to fifty-five percent (55%) of the wages paid personnel, excluding the twenty-five(25%)compensation provided above,will be paid to the CONTRACTOR. The actual cost of the CONTRACTOR's bond(s) on the extra Work will be paid based on invoices from surety. No charge for superintendence will be made unless considered necessary and ordered by the OWNER. .2 The CONTRACTOR will receive the actual cost, including freight charges, of the materials used on such Work, to which costs will be added a sum equal to twenty-five percent (25%) thereof as compensation for the CONTRACTOR's and any affected Subcontractor's total overhead and profit. in case material invoices indicate a discount may be taken,the actual cost will be the invoice price minus the discount. .3 For machinery,trucks, power tools, or other similar equipment agreed to be necessary by the OWNER and the CONTRACTOR, the OWNER will allow the CONTRACTOR the rate as given in the latest edition of the Associated General Contractors of America "Contractor's Equipment Cost Guide" as published by Dataquest for each hour that said tools or equipment are in use on such work,which rate includes the cost of fuel, lubricants and repairs. No additional compensation will be allowed on the equipment for the CONTRACTOR's overhead and profit. .4 The compensation, as herein provided for, shall be received by the CONTRACTOR and any affected Subcontractor as payment in full for work done by Change Directive and will include use of small tools, and total overhead expense and profit. The CONTRACTOR and the Owner's Representative shall compare records of work done by Change Directive at the end of each day. Copies of these records will be made upon forms provided for this purpose by the OWNER and signed by both Owner's Representative and the CONTRACTOR,with one(1)copy being retained by the OWNER and one (1) by the CONTRACTOR. Refusal by the CONTRACTOR to sign these records within two (2) working days of presentation does not invalidate the accuracy of the record. 00700 04.2020 Page 29 General Conditions 11.6 Unit Price Work: 11.6.1 Where the Contract Documents provide that all or part of the Work is to be unit price Work, initially the Contract Amount will be deemed to include for all unit price work an amount equal to the sum of the established unit price for each separately identified item of unit price work times the estimated quantity of each item as indicated in the Bid. The estimated quantities of items of unit price work are not guaranteed and are solely for the purpose of comparison of Bids and determining an initial Contract Amount. Determinations of the actual quantities and classifications of unit price work performed by the CONTRACTOR will be made by Owners Representative. Owners Representative will review with the CONTRACTOR the preliminary determinations on such matters before rendering a written decision thereon (by recommendation of an Application for Payment or otherwise). 11.6.2 When"plan quantity' is indicated for a bid item, the CONTRACTOR shall be paid the amount specified in the Contract Documents without any measurements. 11.6.3 Each unit price will be deemed to include an amount considered by the CONTRACTOR to be adequate to cover the CONTRACTOR's overhead and profit for each separately identified item. 11.6.4 A Major Item is any individual bid item in the Bid that has a total cost equal to or greater than five percent (5%) of the original Contract Amount or $50,000, whichever is greater, computed on the basis of bid quantities and Contract unit prices. 11.6.5 The OWNER or the CONTRACTOR may make a Claim for an adjustment in the Contract Amount in accordance with Article 111 if: .1 the actual quantity of any Major Item should become as much as twenty percent(20%) more than or twenty percent(20%)less than in the Bid;or .2 The CONTRACTOR presents proper documentation contesting the accuracy of"plan quantity," and Owner's Representative verifies quantity and determines original quantity is in error by five percent (5%)or more. 11.6.6 Right to Verify Information: The CONTRACTOR agrees that any designated representative of the OWNER shall have the right to examine the CONTRACTOR's records to verify the accuracy and appropriateness of the pricing data used to price change proposals. Even after a Change Order Proposal has been approved, the CONTRACTOR agrees that if the OWNER later determines the cost and pricing data submitted was inaccurate, incomplete, not current or not in compliance with the terms of this Agreement regarding pricing of change orders, then an appropriate contract price reduction will be made. 11.6.7 Pricing Information Requirements: The CONTRACTOR agrees to provide and require all subcontractors to provide a breakdown of allowable labor and labor burden cost information as outlined herein. This information will be used to evaluate the potential cost of labor and labor burden related to change order work. It is intended that this information represent an accurate estimate of the CONTRACTOR's actual labor and labor burden cost components. This information is not intended to establish fixed billing or change order pricing labor rates. However, at the time change orders are priced the submitted cost data for labor rates may be used to price change order work. The accuracy of any such agreed-upon labor cost components used to price change orders will be subject to later audit. Approved change order amounts may be adjusted later to correct the impact of inaccurate labor cost components if the agreed-upon labor cost components are determined to be inaccurate. ARTICLE 12-CHANGE OF CONTRACT TIMES 12.1 Working Day and Calendar Day Contracts: 12.1.1 The Contract Times (or Milestones) shall only be changed by Change Order or Time Extension Request duly executed by both the CONTRACTOR and Owner's Representative. Any claim for an adjustment of the Contract Times(or Milestones)shall be made by Written Notice delivered by the party making the Claim to the other 00700 04-2020 Page 30 General Conditions party promptly(but in no event later than thirty(30)calendar days)after the start of the occurrence or event giving rise to the delay and stating the general nature of the delay. Notice of the extent of the delay with supporting data shall be delivered within thirty (30)calendar days after Written Notice of Claim is delivered by claimant, and shall represent that the adjustment claimed is the entire adjustment to which claimant is entitled as a result of said occurrence or event. If the OWNER and the CONTRACTOR cannot otherwise agree, all Claims for adjustment in the Contract Times (or Milestones)shall be determined as set out in Article 16. No Claim for an adjustment in the Contract Times(or Milestones)will be valid if not submitted in accordance with the requirements of this paragraph. 12.1.2 When the CONTRACTOR is at fault and the OWNER stops the Work so that corrections in the Work can be made by the CONTRACTOR,then no extension in time will be allowed. 12.1.3 When the CONTRACTOR is prevented from completing any part of the Work within the Contract Times(or Milestones)due to delay for which the CONTRACTOR is not responsible, an extension of the Contract Times (or Milestones)in an amount equal to the time lost due to such delay will be considered by OWNER. Any extension of the Contract Time shall be the CONTRACTOR's sole and exclusive remedy for such delay. However, adverse weather shall not be considered justification for extension of Contract Times on Calendar Day contracts,except as provided for in paragraph 12.2. 12.1.4 The OWNER will consider time extension requests and may grant the CONTRACTOR an extension of time because of: .1 Changes ordered in the Work which justify additional time. .2 Failure of materials or products being at the Project site due to delays in transportation or failures of Suppliers,for which the CONTRACTOR,a Subcontractor or a Supplier is not responsible. The request for an extension of time shall be supported by a recitation of acts demonstrating that such delays were beyond the control of the CONTRACTOR, a Subcontractor or a Supplier including but not limited to, the CONTRACTOR's, the Subcontractor's or the Supplier's efforts to overcome such delays documented as follows: a) Copy of purchase order for delayed item(s) indicating date ordered by the CONTRACTOR/Subcontractor and date purchase order received by Supplier, b) If item(s) require Shop Drawings or other submittal information in accordance with the Contract Documents, provide record of date submittal(s) forwarded to Owner's Representative, date submittal(s)returned to the CONTRACTOR, and date submittal(s)forwarded to Supplier. c) Copy of document(s) from Supplier, on Suppliers 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/Subcontractors 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 042020 Page 31 General Conditions Under mCalendar Day Contract,the CONTRACTOR may also begranted mnextension mftime because ofunusual inclement weather that is beyond the normal weather expected for the Williamson and Travis Counties,Texas area. Normal weather which prevents the CONTRACTOR from performing Work is expected during a Calendar Day Contract, and |snot a justification for mnextension oftime. The following delineates the number ufdays per month for which,for purposes of Calendar Day Contracts, expected normal weather will prevent performance of Work: Janumry---.----.... 7days Februmry---.--.-- 7days KAanch-----.—..—~.. 7dave April............................... 7 days May......... 8 days June................................ 6 days July................................. 6 days AuoumL.—_—_—.-- 5days September ------ 7 days October................ 7 days @ovembac—_--_.. 7dmvs December....... .............. 7days Days per month exceeding the number shown above may be credited as Rain Days if a Claim is made in accordance with paragraph 12.1.1 and meets the following definition: a"Rain Day"is any day in which a weather event occurs at the site and is sufficient to prevent the CONTRACTOR from performing units of Work critical to maintaining the project schedule during the entire day. ARTICLE 13-TESTS AND INSPECTIONS: AND CORRECTION OR REMOVAL OF DEFECTIVE WORK 13.1 Notice ofDefects: Prompt notice of all defective Work of which the OWNER or E/A has actual knowledge will be given to the CONTRACTOR. All defective Work may be rejected or corrected as provided for inArticle 13. 13^2 Access bmWork: The C)VVNER, EN\' EAYs Consultants, other representatives and personnel of the C}VVNER, independent testing laboratories and governmental agencies having jurisdiction will have unrestricted physical access to the Work site for observing, inspecting and testing. The CONTRACTOR shall provide them proper and safe conditions for such aoceas, and advise them ofthe C(}NTRAClOF('asite safety procedures and programs snthat they may comply therewith as applicable. 13.3 Tests and Inspections: 13.3.1 The CONTRACTOR shall give timely notice mJreadiness of the Work for all required inopecGons, tests or approvals, and shall cooperate with inspection and testing personnel to facilitate required inspections or tests. 13.3.2 The CJVVWER shall employ and pay for services of an independent testing laboratory to perform all inspections,tests or approvals required by the Contract Documents except: .1 for inspections,tests mrapprovals covered byparagraph 13.3.3below; '2 for nainspeoUnQorretesting defective Work;and '3 as otherwise specifically provided inthe Contract Documents. All testing laboratories shall bethose selected bythe OWNER. 00700 04'2020 Page 32 General Conditions 13.3.3 If laws or regulations of any public body having jurisdiction require any Work(or part thereof)specifically to be inspected,tested or approved by an employee or other representative of such public body,the CONTRACTOR shall assume full responsibility for arranging and obtaining such inspections, tests or approvals, pay all costs in connection therewith and furnish Owners Representative the required certificates of inspection or approval. The CONTRACTOR shall also be responsible for arranging and obtaining and shall pay all costs in connection with any inspections, tests or approvals required for the OWNER's and E/A's review of materials or equipment to be incorporated in the Work, or of materials, mix designs or equipment submitted for review prior to the CONTRACTOR's purchase thereof for incorporation in the Work. 13.4 Uncovering Work: 13.4.1 If any Work (or the work of others) that is to be inspected, tested or approved is covered by the CONTRACTOR without concurrence of Owner's Representative, or if any Work is covered contrary to the written request of Owner's Representative, it must, if requested by Owner's Representative, be uncovered and recovered at the CONTRACTOR's expense. 13.4.2 If Owner's Representative considers it necessary or advisable that covered Work be observed, inspected or tested, the CONTRACTOR shall uncover, expose or otherwise make available for observation, inspection or testing that portion of the Work in question, furnishing all necessary labor, material and equipment. If it is found that such Work is defective,the CONTRACTOR shall pay all claims, costs, losses and damages caused by,arising out of or resulting from such uncovering, exposure, observation, inspection and testing and of satisfactory replacement or reconstruction (including but not limited to all costs of repair or replacement of work of others); and the OWNER shall be entitled to an appropriate decrease in the Contract Amount, and may make a Claim therefor as provided in Article 11. If, however, such Work is not found to be defective,the CONTRACTOR shall be allowed an increase in the Contract Amount or an extension of the Contract Times (or Milestones), or both, directly attributable to such uncovering, exposure, observation, inspection, testing, replacement and reconstruction; and the CONTRACTOR may make a Claim therefor as provided in Article 11 and Article 12. 13.5 OWNER May Stop the Work: 13.5.1 If the Work is defective,or the CONTRACTOR fails to supply sufficient skilled workers or suitable materials or equipment, or fails to furnish or perform the Work in such a way that the completed Work will conform to the Contract Documents,the OWNER may order the CONTRACTOR to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, this right of the OWNER to stop the Work shall not give rise to any duty on the part of the OWNER to exercise this right for the benefit of the CONTRACTOR or any surety or other party. 13.5.2 If the CONTRACTOR fails to correct defective Work or submit a satisfactory plan to take corrective action, with procedure and time schedule, the OWNER may order the CONTRACTOR to stop the Work, or any portion thereof, until cause for such order has been eliminated,or take any other action permitted by this Contract. A notice to stop the Work, based on defects, shall not stop calendar or working days charged to the Project. 00700 04-2020 Page 33 General Conditions 13.6 Correction or Removal of Defective Work: If required by the OWNER,the CONTRACTOR shall promptly,as directed,either correct all defective Work,whether or not fabricated, installed or completed, or, if the Work has been rejected by Owner's Representative, remove it from the site and replace it with Work that is not defective.The CONTRACTOR shall correct or remove and replace defective Work, or submit a plan of action detailing how the deficiency will be corrected, within the time frame identified in the notice of defective Work. The CONTRACTOR shall pay all claims, costs, losses and damages caused by or resulting from such correction or removal(including but not limited to all costs of repair or replacement of work of others), including but not limited to all consultant,engineering,expert and attorney's fees incurred by the OWNER as a result of such defective work or as necessary for OWNER to investigate such defective Work and/or to determine the appropriate means or methods to address or correct such defective Work. The OWNER shall have the right, in OWNER's sole discretion, to have the E/A or other consultant specify the means and methods that will be followed to correct or address any defective Work. If the OWNER specifies a means or method by which the defective Work will be addressed or corrected,the CONTRACTOR shall perform the specified work necessary to address or correct the defective Work at CONTRACTOR's sole cost and expense. 13.7 Warranty period: 13.7.1 If, at anytime after the date of Substantial Completion or such longer period of time as maybe prescribed by laws or regulations or by the terms of any applicable special guarantee required by the Contract Documents or by any specific provision of the Contract Documents, any Work is found to be defective, the CONTRACTOR shall promptly,without cost to the OWNER and in accordance with the OWNER's written instructions: (1) correct such defective Work, or, if it has been rejected by the OWNER, remove it from the site and replace it with Work that is not defective, and (ii) satisfactorily correct or remove and replace any damage to other Work or the work of others resulting therefrom. If the CONTRACTOR does not promptly comply with the terms of such instructions, or in an emergency where delay would cause serious risk of loss or damage, the OWNER may have the defective Work corrected or the rejected Work removed and replaced, and all claims, costs, losses and damages caused by or resulting from such removal and replacement (including but not limited to all costs of repair or replacement of work of others and all consultant, expert and attorney's fees incurred by OWNER)will be paid by the CONTRACTOR. 13.7.2 In special circumstances where a particular item of equipment is placed in continuous service before Substantial Completion of all the Work, the warranty period for that item may start to run from an earlier date if so provided in the Contract Documents and agreed to by OWNER. 13.8 OWNER May Correct Defective Work: If the CONTRACTOR fails within a reasonable time after Written Notice of the OWNER to correct defective Work, or to remove and replace rejected Work, or if the CONTRACTOR fails to perform the Work in accordance with the Contract Documents, or if the CONTRACTOR fails to comply with any other provision of the Contract Documents, the OWNER may, after seven (7) calendar days' Written Notice to the CONTRACTOR, correct and remedy any such deficiency. If, in the opinion of Owner's Representative, significant progress has not been made during this seven (7)calendar day period to correct the deficiency,the OWNER may exercise any actions necessary to remedy the deficiency. In exercising the rights and remedies under this paragraph,the OWNER shall proceed expeditiously. In connection with such corrective and remedial action, the OWNER may exclude the CONTRACTOR from all or part of the site, take possession of all or part of the Work, and suspend the CONTRACTOR's services related thereto, and incorporate in the Work all materials and equipment stored at the site or for which the OWNER has paid the CONTRACTOR but which are stored elsewhere. The CONTRACTOR shall allow the OWNER, its agents and employees,the OWNER's other contractors,E/A and E/A's consultants access to the site to enable the OWNER to exercise the rights and remedies under this paragraph. All claims, costs, losses and damages incurred or sustained by the OWNER in exercising such rights and remedies will be charged against the CONTRACTOR and a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the 00700 04-2020 Page 34 General Conditions Work. Such claims, costs, losses and damages will include but not be limited to all costs of repair or replacement of work of others destroyed or damaged by correction, removal or replacement of the CONTRACTOR's defective Work and any and all consultant,expert and attorneys fees incurred by OWNER as a result of OWNER's correction of defective WORD. The CONTRACTOR shall not be allowed an extension of the Contract Times (or Milestones), or claims of damage because of any delay in the performance of the Work attributable to the exercise by the OWNER of the OWNER's rights and remedies hereunder. 13.9 ACCEPTANCE OF DEFECTIVE WORK If, instead of requiring correction or removal and replacement of defective Work, OWNER prefers to accept it, OWNER may do so. CONTRACTOR shall pay all claims, costs, losses, and damages attributable to OWNER's evaluation of and determination to accept such defective Work, including but not limited to any expert, engineering or other consultant's fees incurred by the OWNER to investigate such defective Work and/or to determine the appropriate means or methods and work necessary to allow OWNER to accept the defective Work and CONTRACTOR shall pay for all work required to be performed to allow OWNER to accept the defective Work and any estimated costs, expenses and damages OWNER may sustain in the future as a result of accepting the defective Work, including any diminution in value of the Project as a result of accepting the defective Work. If any such acceptance occurs prior to final payment, the necessary revisions in the Contract Documents with respect to the Work shall be incorporated in a Change Order. If the parties are unable to agree as to the decrease in the Contract Price, then OWNER may impose a reasonable set-off against payments due under the Contract Documents. If the acceptance of defective Work occurs after final payment, CONTRACTOR shall pay to OWNER the above described costs, expenses and damages incurred by OWNER as a result of OWNER's acceptance of defective Work. ARTICLE 14-PAYMENTS TO CONTRACTOR AND COMPLETION 14.1 Application for Progress Payment: 14.1.1 Not more than once per month, the CONTRACTOR shall submit to Owner's Representative for review an Application for Payment, in a form acceptable to the OWNER, filled out and signed by the CONTRACTOR covering the Work completed as of the date of the Application and accompanied by such supporting documentation as is required by the Contract Documents or as required by OWNER. 14.1.2 Such applications shall not include requests for payment on account of changes in the Work which have been properly authorized by Change Directives but not yet included in Change Orders. 14.1.3 Such applications shall not include requests for payment of amounts the CONTRACTOR does not intend to pay to a Subcontractor or Supplier because of a dispute or other reason. 14.1.4 Owner will not pay for materials or equipment not incorporated in the Work but delivered and suitably stored at the site or at another location. Payment will be made by Owner only for Work completed in accordance with the Contract Documents. 14.1.5 Where the original Contract Amount is less than $400,000,the OWNER will pay to the CONTRACTOR the total amount of approved Application for Payment, less ten percent(10%)of the amount thereof,which ten percent (10%)will be retained until final payment, less all previous payments and less all sums that may be retained by the OWNER under the terms of this Agreement. Where the original Contract Amount is$400,000 or more,the OWNER will pay to the CONTRACTOR the total amount of approved Application for Payment, less five percent(5%)of the amount thereof, which five percent(5%)will be retained until final payment, less all previous payments and less all sums that may be retained by the OWNER under the terms of this Agreement. In either case, if the Work is near completion and delay occurs due to no fault or neglect of the CONTRACTOR, the OWNER may pay a portion of the retained amount to the CONTRACTOR. The CONTRACTOR, at the OWNER's option, may be relieved of the obligation to complete the Work and, thereupon, the CONTRACTOR shall receive payment of the balance due under the Contract subject to the conditions stated under paragraph 15.2. 00700 04-2020 Page 35 General Conditions 14.1.6 Applications for Payment shall include the following documentation: .1 updated progress schedule; .2 monthly subcontractor report; and .3 any other documentation required under the Supplemental General Conditions. 14.2 CONTRACTOR's Warranty of Title: The CONTRACTOR warrants and guarantees that title to all Work, materials and equipment covered by any Application for Payment,whether incorporated in the Project or not,will pass to the OWNER not later than the time of payment to the CONTRACTOR free and clear of ali liens. 14.3 Review of Applications for Progress Payment: 14.3.1 Owners Representative will,within seven (7)calendar days after receipt of each Application for Payment, either indicate a recommendation for payment and forward the Application for processing by the OWNER,or return the Application to the CONTRACTOR indicating Owner's Representative's reasons for refusing to recommend payment. In the latter case,the CONTRACTOR may make the necessary corrections and resubmit the Application. 14.3.2 Owners Representative's recommendation of any payment requested in an Application for Payment will constitute a representation by Owners Representative, based upon Owners Representative's on-site observations of the executed Work and an Owner's Representative's review of the Application for Payment and the accompanying data and schedules,that to the best of Owner's Representative's knowledge,information and belief* .1 the Work has progressed to the point indicated; and .2 the quality of the Work is in accordance with the Contract Documents (subject to an evaluation of the Work as a functioning whole prior to or upon Substantial Completion,to the results of any subsequent tests called for in the Contract Documents, to a final determination of quantities and classifications for unit price Work, and to any other qualifications stated in the recommendation). 14.3.3 By recommending any such payment, Owner's Representative will not thereby be deemed to have represented that: .1 inspections have been made to check the quality or the quantity of the Work or that the Work has been performed in accordance with the Contract Documents; .2 examination has been made to ascertain how or for what purpose the CONTRACTOR has used money previously paid on account of the Contract Amount; .3 the CONTRACTOR's construction means, methods,techniques, sequences or procedures have been reviewed; or .4 that there may not be other matters or issues between the parties that might entitle the CONTRACTOR to be paid additionally by the OWNER or entitle the OWNER to withhold payment to the CONTRACTOR. 14.4 Decisions to Withhold Payment: 14.4.1 The OWNER may withhold or nullify the whole or part of any payment to such extent as may be necessary on account of: .1 defective Work not remedied; 00700 04.2020 Page 36 General Conditions .2 reasonable evidence that the Work cannot be completed for the unpaid balance of the Contract Amount; .3 damage to the OWNER or another contractor; .4 reasonable evidence that the Work will not be completed within the Contract Time,and that the unpaid balance would not be adequate to cover actual or liquidated damages for the anticipated delay; .5 failure of the CONTRACTOR to submit a schedule of values in accordance with the Contract Documents; .6 failure of the CONTRACTOR to submit a submittal schedule in accordance with the Contract Documents; .7 failure of the CONTRACTOR to submit or update construction schedules in accordance with the Contract Documents; .8 failure of the CONTRACTOR to maintain a record of changes on drawings and documents; .9 failure of the CONTRACTOR to maintain weekly payroll reports; .10 failure of the CONTRACTOR to submit monthly subcontractor reports; .11 the CONTRACTOR's neglect or unsatisfactory prosecution of the Work, including failure to clean up; or .12 failure of the CONTRACTOR to comply with any provision of the Contract Documents. .13 OWNER's disagreement with the recommendation of the Owner's Representative, provided the OWNER has provided a Written Notice to the CONTRACTOR specifying the reasons why OWNER does not agree with such recommendation. 14.4.2 When the above reasons for withholding payment are removed, the CONTRACTOR shall resubmit a statement for the value of Work performed. Payment will be made within thirty (30) calendar days of receipt of approved Application for Payment. 14.5 Delayed Payments: Should the OWNER fail to make payment to the CONTRACTOR of a sum named in any Application for Payment with which OWNER agrees and has approved for payment within thirty(30) calendar days after the day on which the OWNER received the mutually acceptable Application for Payment, then the OWNER will pay to the CONTRACTOR, in addition to the sum shown as due by such Application for Payment, interest thereon at the rate of one percent (1%) per month from date due until fully paid, which shall fully liquidate any injury to the CONTRACTOR growing out of such delay in payment, 14.6 Arrears: No money shall be paid by the OWNER upon any claim, debt, demand or account whatsoever,to any person, firm or corporation who is in arrears to the OWNER;and the OWNER shall be entitled to counterclaim and offset against any such debt, claim, demand or account so in arrears and no assignment or transfer of such debt, claim, demand or account, shall affect the right of the OWNER to so offset said amounts, and associated penalties and interest if applicable,against the same. 00700 04-2020 Page 37 General Conditions 14.7 Substantial Completion: 14.7.1 If a Certificate of Occupancy is required by public authorities having jurisdiction over the Work, said certificate shall be issued before the Work or any portion thereof is considered substantially complete. When the CONTRACTOR considers that the Work, or a portion thereof which the OWNER agrees to accept separately, is substantially complete, the CONTRACTOR shall notify Owner's Representative and request a determination as to whether the Work or designated portion thereof is substantially complete. If Owner's Representative does not consider the Work substantially complete, Owner's Representative will notify the CONTRACTOR giving reasons therefor. Failure on the OWNER's part to list a reason does not alter the responsibility of the CONTRACTOR to complete all Work in accordance with the Contract Documents. After satisfactorily completing items identified by Owners Representative, the CONTRACTOR shall then submit another request for Owner's Representative to determine substantial completion. If Owner's Representative considers the Work substantially complete, Owner's Representative will prepare and deliver a certificate of Substantial Completion which shall establish the date of Substantial Completion,shall include a punch list of items to be completed or corrected before final payment, shall establish the time within which the CONTRACTOR shall finish the punch list, and shall establish responsibilities of the OWNER and the CONTRACTOR for security, maintenance, heat, utilities, damage to the Work, warranty and insurance. Failure to include an item an the punch list does not alter the responsibility of the CONTRACTOR to complete all Work in accordance with the Contract Documents. The certificate of Substantial Completion shall be signed by the OWNER and the CONTRACTOR to evidence acceptance of the responsibilities assigned to them in such certificate. 14.7.2 The OWNER shall have the right to exclude the CONTRACTOR from the Work after the date of Substantial Completion, but the OWNER will allow the CONTRACTOR reasonable access to complete or correct items on the punch list. 14.8 Partial Utilization: The OWNER, at the OWNER's sole option, shall have the right to take possession of and use any completed or partially completed portion of the Work regardless of the time for completing the entire Work. The OWNER's exercise of such use and possession shall not be construed to mean that the OWNER acknowledges that any part of the Work so possessed and used is substantially complete or that it is accepted by OWNER, and the OWNER's exercise of such use and possession shall not relieve the CONTRACTOR of its responsibility to complete all Work in accordance with the Contract Documents. 14.9 Final Inspection: Upon Written Notice from the CONTRACTOR that the entire Work or an agreed portion thereof is complete,Owner's Representative will make a final inspection with the CONTRACTOR and provide Written Notice of all particulars in which this inspection reveals that the Work is incomplete or defective. The CONTRACTOR shall immediately take such measures as are necessary to complete such Work or remedy such deficiencies. 14.10 Final Application for Payment: The CONTRACTOR may make application for final payment following the procedure for progress payments after the CONTRACTOR has completed all such corrections to the satisfaction of Owner's Representative and delivered the following documents: .1 Three (3)complete operating and maintenance manuals, each containing maintenance and operating instructions, schedules, guarantees, and other documentation required by the Contract Documents; ,2 Record documents (as provided in paragraph 6.10); .3 Consent of surety, if any, to final payment. If surety is not provided, complete and legally effective releases or waivers (satisfactory to the OWNER) of all claims arising out of or filed in connection with the Work; 00700 04-2020 Page 38 General Conditions .4 Certificate evidencing that insurance required by the Supplemental General Conditions will remain in force after final payment and through any warranty period; .5 Non-Use of Asbestos Affidavit(After Construction); and .6 Any other documentation called for in the Contract Documents. 14.11 Final Payment and Acceptance: 14.11.1 If, on the basis of observation of the Work during construction, final inspection, and review of the final Application for Payment and accompanying documentation as required by the Contract Documents, Owner's Representative is satisfied that the Work has been completed and the CONTRACTOR's other obligations under the Contract Documents have been fulfilled,Owner's Representative will recommend the final Application for Payment and thereby notify the OWNER. If the OWNER agrees with the recommendation of the Owner's Representative, the OWNER will pay to the CONTRACTOR the balance due the CONTRACTOR under the terms of the Contract. 14.11.2 As Contract Time is measured to Final Completion, Owner's Representative will issue a letter of final acceptance to the CONTRACTOR which establishes the Final Completion date and initiates any warranty period. 14.11.3 Final payment is considered to have taken place when the CONTRACTOR or any of its representatives negotiates the OWNER's final payment check, whether labeled final or not, for cash or deposits check in any financial institution for its monetary return. 14.12 Waiver of Claims: The making and acceptance of final payment will constitute: .1 a waiver of claims by the OWNER against the CONTRACTOR, except claims arising from unsettled claims, from defective Work appearing after final inspection, from failure to comply with the Contract Documents or the terms of any warranty specified therein, or from the CONTRACTOR's continuing obligations under the Contract Documents; and .2 a waiver of all claims by the CONTRACTOR against the OWNER other than those previously made in writing and still unsettled. ARTICLE 15-SUSPENSION OF WORK AND TERMINATION 15.1 OWNER May Suspend Work Without Cause and for Convenience: At anytime 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 maybe 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 .c.I tJ--kJ- L.- 11-1- ..- " ..... , tp-.-1. - ......--. ..- ... -- Suppliers will only be paid for work performed or materials and equipment supplied and shall not have any other claims against CONTRACTOR or OWNER: CONTRACTOR shall not be paid for any profit or overhead for Work not completed. 15.3 OWNER May Terminate With Cause, 15.3.1 Upon the occurrence of any one or more of the following events: .1 if the CONTRACTOR persistently fails to perform the Work in accordance with the Contract Documents; .2 if the CONTRACTOR disregards laws or regulations of any public body having jurisdiction; .3 if the CONTRACTOR disregards the authority of Owner's Representative; .4 if the CONTRACTOR makes fraudulent statements; .5 if the CONTRACTOR fails to maintain a work force adequate to accomplish the Work within the Contract Time; .6 if the CONTRACTOR fails to make adequate progress and endangers successful completion of the Contract;or .7 if the CONTRACTOR otherwise violates any provisions of the Contract Documents-, The OWNER may, after giving the CONTRACTOR(and the surety, if any)seven (7)calendar days'Written Notice terminate the services of the CONTRACTOR. The OWNER,at its option, may proceed with negotiation with surety for completion of the Work. Alternatively,the OWNER may under these circumstances exclude the CONTRACTOR from the site and take possession of the Work (without liability to the CONTRACTOR for trespass or conversion), incorporate in the Work all materials and equipment stored at the site or for which the OWNER has paid the CONTRACTOR but which are stored elsewhere,and finish the Work as the OWNER may deem expedient. In such case the CONTRACTOR shall not be entitled to receive any further payment until the Work is finished. If the unpaid balance of the Contract Amount exceeds all claims, costs, losses and damages sustained by the OWNER arising out of or resulting from completing the Work,such excess will be paid to the CONTRACTOR. If such claims,costs, losses and damage exceed such unpaid balance, the CONTRACTOR or surety shall pay the difference to the OWNER. 15.3.2 Where the CONTRACTOR's services have been so terminated by the OWNER, the termination will not affect any rights or remedies of the OWNER against the CONTRACTOR and surety then existing or which may thereafter accrue. Any retention or payment of amounts due the CONTRACTOR by the OWNER will not release the CONTRACTOR from liability. In the event the OWNER terminates the Contract with cause, the OWNER may reject any and all bids submitted by the CONTRACTOR for up to three(3)years. 00700 04-2020 Page 40 General Conditions 16.2.2--Negotiating withPrevious) 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 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 conu-nence 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 010004-2020 Technical Specifications 00443645 ITEM 4 PROTECTION AND PRECAUTION 4.01 WORK IN FREEZING WEATHER Portions of the work may continue as directed by the EIA. 4.02 PROTECTION OF TREES, PLANTS AND SHRUBS The CONTRACTOR shall take necessary precautions to preserve all existing trees, plants and shrubs but where it is justifiable and necessary the CONTRACTOR may remove trees and plants for construction right-of-way but only with approval of the E/A. 4.03 TRAFFIC CONTROL MEASURES AND BARRICADES Traffic control measures and barricades shall be installed in accordance with the Texas Manual of Uniform Traffic Control Devices and in other locations deemed necessary by the E/A, for the protection life and property. Under no circumstances will any existing road be permitted to remain closed over a weekend. No separate pay will be made for this item. Costs for this item shall be subsidiary to other items of work. 4.04 PROPERTY LINES AND MONUMENTS The CONTRACTOR shall be responsible for the protection,reference and resetting of property comer monuments if disturbed. 4.05 DISPOSAL OF SURPLUS MATERIAL The CONTRACTOR shall at his own expense, make arrangement for the disposal of surplus material, such as rock,trees,brush and other unwanted backfill materials. 4.06 CONTRACTOR'S USE OF PREMISES The Contractor shall,at his own expense,provide additional space as necessary for his operations and storage of materials. ITEM 5 MATERIALS 5.01 TRADE NAMES Except as specified otherwise, wherever in the specifications an article or class of material is designated by a trade name or by the name or catalog number of any maker, patentee, manufacturer,or dealer,such designations shall be taken as intending to mean and specify the articles described or another equal thereto in quality, finish, and serviceability for the purpose intended, as may be determined and judged by the E/A in his sole discretion. 5.02 MATERIALS AND WORKMANSHIP No material which has been used by the CONTRACTOR for any temporary purpose whatever is to be incorporated in the permanent structure without the written consent of the E/A. Where materials or equipment are specified by a trade or brand name, it is not the intention of the OWNER to discriminate against an equal product of another Page 3 010004-2020 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 EIA. Unless otherwise specified, all materials shall be the best of their respective kinds and shall be in all cases fully equal to approved samples. Notwithstanding that the words "or equal to"or other such expressions may be used in the specifications in connection with a material, manufactured article or process, the material, article or process specifically designated shall be used, unless a substitute is approved in writing by the E/A, and the E/A will have the right to require the use of such specifically designated material,article or process. Page 4 01000-4-2020 Technical Specifications 00443645 CITY OF ROUND ROCK GOVERNING SPECIFICATIONS (STANDARD SPECIFICATIONS,SPECIAL PROVISIONS,AND SPECIAL SPECIFICATIONS) WHERE DISCREPENCIES OCCUR BETWEEN THE VARIOUS GOVERNING SPECIFICATIONS,THE SPECIAL PROVISIONS SHALL GOVERN OVER BOTH STANDARD SPECIFICATIONS AND SPECIAL SPECIFICATIONS. ALL SPECIFICATIONS AND SPECIAL PROVISIONS APPLICABLE TO THIS PROJECT ARE IDENTIFIED AS FOLLOWS: STANDARD SPECIFICATIONS: ADOPTED BY THE TEXAS DEPARTMENT OF TRANSPORTATION NOVEMBER 1,2014. STANDARD SPECIFICATIONS ARE INCORPORATED INTO THE CONTRACT BY REFERENCE. *ADOPTED BY THE CITY OF ROUND ROCK MAY 2018. STANDARD SPECIFICATIONS ARE INCORPORATED INTO THE CONTRACT. ITEMS I -9 ARE SUPERSEDED BY THE CONTRACT GENERAL AND SPECIAL CONDITIONS,WHERE APPLICABLE. WHEREVER,IN THE TXDOT STANDARD SPECIFICATIONS,REFERENCE IS MADE TO THE STATE OF TEXAS,THE DEPARTMENT AND ITS REPRESENTATIVES,SUCH REFERENCE SHALL BE TAKEN TO MEAN CITY OF ROUND ROCK AND ITS REPRESENTATIVES. ITEM 100 PREPARING RIGHT OF WAY ITEM 104 REMOVING CONC ITEM 1.05 REMOVING TREATED AND UNTREATED BASE AND ASPHALT PAVEMENT ITEM 110 EXCAVATION ITEM 132 EMBANKMENT ITEM 162 SEEDING FOR EROSION CONTROL ITEM 168 VEGETATIVE WATERING ITEM 247 FLEXIBLE BASE ITEM 260 LIME TREATMENT ITEM 310 PRIME COAT ITEM 410 SOIL NAIL ANCHORS ITEM 416 DRILLED SHAFT FOUNDATIONS ITEM 464 REINFORCED CONCRETE PIPE ITEM 465 JUNCTION BOXES,MANHOLES,AND INLETS ITEM 479 ADJUSTING MANHOLES AND INLETS ITEM 496 REMOVING STRUCTURES ITEM 500 MOBILIZATION ITEM 502 BARRICADES,SIGNS AND TRAFFIC HANDLING ITEM 506 TEMPORARY EROSION,SEDIMENTATION,AND ENVIRONMENTAL CONTROLS ITEM 529 CONCRETE CURB,GUTTER,AND COMBINED CURB AND GUTTER ITEM 531 SIDEWALKS ITEM 610 ROADWAY ILLUMINATION ASSEMBLIES ITEM 618 CONDUIT ITEM 620 ELECTRICAL CONDUCTORS ITEM 621 TRAY CABLE ITEM 624 GROUND BOXES ITEM 644 SMALL ROADSIDE SIGN ASSEMBLIES ITEM 666 RETROREFLECTORIZED PAVEMENT MARKINGS ITEM 672 RAISED PAVEMENT MARKERS Page 1 ITEM 680 HIGHWAY TRAFFIC SIGNALS ITEM 682 VEHICLE AND PEDESTRIAN SIGNAL HEADS ITEM 684 TRAFFIC SIGNAL CABLES ITEM 686 TRAFFIC SIGNAL POLE ASSEMBLIES(STEEL) ITEM 687 PEDESTAL POLE ASSEMBLIES ITEM 688 PEDESTRIAN DETECTORS AND VEHICLE LOOP DETECTORS ITEM 690 MAITENANCE OF TRAFFIC SIGNALS ITEM 3076 DENSE-GRADED HOT MIX ASPHALT ITEM 6002 VIDEO IMAGING VEHICLE DETECTION SYSTEM ITEM 6004 NETWORKING INTELLIGENT TRANSPORTATION SYSTEM(ITS) COMMUNICATIONS CABLE SPECIAL PROVISIONS: THE CONTENT OF THE SPECIAL PROVISIONS ARE INCLUDED ON THE FOLLOWING PAGES, SPECIAL PROVISION TO ITEM 000 (000---002) SPECIAL PROVISION TO ITEM 000 (000---006) SPECIAL PROVISION TO ITEM 000 (000---008) SPECIAL PROVISION TO ITEM 000 (000---658) SPECIAL PROVISION TO ITEM 000 (000---101.9) SPECIAL PROVISION TO ITEM 002 (002---011) SPECIAL PROVISION TO ITEM 003 (003---013) SPECIAL PROVISION TO ITEM 003 (004---004) SPECIAL PROVISION TO ITEM 005 (005---002) SPECIAL PROVISION TO ITEM 005 (005---003) SPECIAL PROVISION TO ITEM 006 (006---001) SPECIAL PROVISION TO ITEM 006 (006---012) SPECIAL PROVISION TO ITEM 006 (007---004) SPECIAL PROVISION TO ITEM 007 (007---008) SPECIAL PROVISION TO ITEM 007 (007---011) SPECIAL PROVISION TO ITEM 008 (008---030) SPECIAL PROVISION TO ITEM 008 (008---033) SPECIAL PROVISION TO ITEM 008 (009---010) SPECIAL PROVISION TO ITEM 008 (009---011) SPECIAL PROVISION TO ITEM 247 (132---002) SPECIAL PROVISION TO ITEM 247 (247---003) SPECIAL PROVISION TO ITEM 464 (464---001) SPECIAL PROVISION TO ITEM 465 (465---001) SPECIAL PROVISION TO ITEM 502 (502---008) SPECIAL PROVISION TO ITEM 506 (506---005) SPECIAL PROVISION TO ITEM 666 (666---007) SPECIAL PROVISION TO ITEM 680 (680---006) GENERAL: THE ABOVE-LISTED SPECIFICATION ITEMS ARE THOSE UNDER WHICH PAYMENT IS TO BE MADE. THESE,TOGETHER WITH SUCH OTHER PERTINENT ITEMS,IF ANY,AS MAY BE REFERRED TO IN THE ABOVE-LISTED SPECIFICATION ITEMS AND INCLUDING THE SPECIAL PROVISIONS AND SPECIAL SPECIFICATIONS LISTED ABOVE,CONSTITUTE THE COMPLETE SPECIFICATIONS FOR THIS PROJECT. Page 2 Items Referenced in the 2014 Standard Specifications for Construction and Maintenance of Highways, Streets,and Bridges Item Title Items,Articles,and Sections Referenced 1 jAbbreviations and Definitions gone 2 Instructions to Bidders None 3 Award and Execution of Contract None 4 Scope of Work None 5 Control of the Work None 6 Control of Materials None 7 Legal Relations and Responsibilities None 8 Prosecution and Progress None 9 Measurement and Payment None 104 Preparing Right of Way 4,5,6,103 103 Disposal of Wells 6,7,100 104 Removing Concrete 9 105 Removing Treated and Untreated Base and Asphalt Pavement None 106 Obliterating Abandoned Road None 110 Excavation 9,132 112 Subgrade Widening 9,110,132,204 132 Embankment 7,9,100,160,204,210,216,260,400 134 Backfilling Pavement Edges 162,166,168,300,314 150 Blading 1 152 Road Grader Work 9,110,132,150,154,156 154 Scraper Work 132,150,152 156 Bulldozer Work 132 158 Specialized Excavation work 132 160 Topsoil 7,168 161 Compost 9,160 162 Sodding for Erosion Control 166,168 164 Seeding for Erosion Control 162,166,168 166 Fertilizer 520 166 Vegetative Watering None 169 Soil Retention Blankets None 170 Irrigation System 8,402,403,618,620,622,624,628 180 Wildflower Seeding None 192 Landscape Planting 161,166,168 193 Landscape Establishment 166,192 204 Sprinkling None 210 Rolling None Page 1 of 7 Items Referenced in the 2014 Standard Specifications for j Construction and Maintenance of Highways, Streets, and Bridges Item Titic Items,Articles,and Sections Referenced 215 1Praaf RoEling 210 247 Flexible Base 4,9,105,204,210,216,520 251 Reworking Base Courses 204,210,216,247,520 260 Lime Treatment(Road-Mixed) 4,105,132,204,210,216,247,300,310,520 263 Lime Treatment(Plant-Mixed) 4,9,204,210,216,247,300,310,520 265 Fly Ash or Lime-Fly Ash Treatment(Road-Mixed) 4,204,210,216,247,300,310,520 275 Cement Treatment(Road-Mi Items Referenced in the 2014 Standard Specifications for Construction and Maintenance of Highways, Streets, and Bridges Item Title Items,Articles,and Sections Referenced 4t)1 Flowable Backfill 421 402 Trench Excavation Protection None 403 Temporary Special Shoring 410,411,423 404 Driving Piling 405,423 405 Foundation load Test 404,416 406 Timber Piling 404,492 407 Steel Piling 9,404,405,441,446,448 409 Prestressed Concrete Piling 9,404,405,420,421,424,425,440 410 Soil Nail Anchors 421,431,440 411 Rock Nail Anchors 4211,431,440 416 Drilled Shaft Foundations 9,405,420,421,423,440,448 420 Concrete Substructures 5,9,400,404,421,422,426,427,440,441,448 421 Hydraulic Cement Concrete 360,%1,416 422 Concrete Superstructures 9,420,421,424,438,440,448,454,780 423 Retaining Walls 9,110,132,216,400,416,420,421,424,440,445,458,556 424 Precast Concrete Structural Members(Fabrication) 6,420,421,425,426,440,448 425 Precast Prestressed Concrete Structural Members 9,409,420,421,424,426,427,434,440,442,445,448 426 Post-Tensioning 420,422,424 427 Surface Finishes for Concrete 9,420 428 Penetrating Concrete Surface Treatment 9,427 429 Concrete Structure Repair 421,431,440,.780 431 Pneumatically Placed Concrete 420,421,429,440 432 Rlprap 247,420,421,431,440 434 Bridge Bearings 420,441,442,445,446,449 438 Cleaning and Sealing Joints None 439 Bridge Deck Overlays 420,421,429,440,483 440 Reinforcement for Concrete 448 441 Steel Structures 2,5,6,420,442,445,446,447,448 442 Metal for Structures 9,441,445,446,447,448 445 Galvan9idng 441 446 Field Cleaning and Painting Steel 441,445 447 Structural Bolting 441,442 448 Structural Field welding 440,441,442 449 Anchor Bolts 445 450 Raking 9,420,421,422,424,440,441,442,445,446,448,540 459 1 Retrofit Railing 9,421,429,440,442,445,446,450,540 Page 3 of 7 Items Referenced in the 2014 Standard Specifications for ' Construction and Maintenance of Highways, Streets, and Bridges Item Title Items,Articles, f Sections Referenced 454 Bridge Expansion Joints 9,429,442,785 458 Waterproofing Membranes for Structures None 459 Gabians and Gabion Mattresses None 460 Corrugated Metal Pipe 9,400,402,403,445,467,476 461 Structural Plate Structures 9,400,402,403,420,421,440,442,445,447,467 462 Concrete Box Culverts and Drains 9,400,402,403,420,421,422,424,440,464,476 464 Reinforced Concrete Pipe 9,400,402,403,467,476 465 Junction Boxes,Manholes,and Inlets 400,420,421,424,440,471 466 Headwalls and Wingwalls 400,420,421,432,440,464 467 Safety End Treatment 400,420,421,432,440,442,445,460,464 471 Frames,Grates,Rings,and Covers 441,445,448,465 472 Removing and Re-Laying Culvert 400,402,403,460,464,476 474 Linear Drains 400,420,421,440,445,460,471 476 Jacking,Boring,or Tunneling Pipe or Box 9,402,403,460,462,464 479 Adjusting Manholes and Inlets 400,421,465,471 480 Cleaning Existing Culverts 4 481 Pipe for Drains 400 483 Concrete Bridge Deck Surfacing None 490 Timber Structures 445,491,492 491 Timber for Structures 406,450,492 492 Timber Preservative and Treatment 6 495 Raising Existing Structures 420,421,434,442,448 496 Removing Structures None 497 Sale of Salvageable Material None 499 Adjusting Steel Shoes 429,442,448 500 Mobilization None 502 Barricades,Signs,and Traffic Handling 519 504 Field Office and Laboratory 7 506 Temporary Erosion,Sedimentation,and Environmental Controls 161,432,556 508 Constructing Detours 4,7 510 One-Way Traffic Control 502 512 Portable Traffic Barrier 420,421,424,440,442 514 Permanent Concrete Traffic Barrier 400,416,420,421,424,440,442,448 520 Weighing and Measuring Equipment None 528 Colored Textured Concrete and Landscape Pavers 132,247,275,401,420,421,440 529 Concrete Curb,Gutter,and Combined Curb and Gutter 360,420,421,440 Page 4 of 7 Items Referenced in the 2014 Standard Specifications for Construction and Maintenance of Highways, Streets, and Bridges item Title Items,Articles,and Sections Referenced 530 Intersections,Driveways,and Turnouts 247,260,263,275,276,292,316,330,334,340,360,421,440 531 Sidewalks 104,360,420,421,440,530 533 Milled Rumble Strips None 536 Concrete Medians And Directional Islands 4220,421,427,440,529 538 Right of Way Markers 420,421,440 540 Metal Beam Guard Fence 421,441,445,529 542 Removing Metal Beam Guard Fence None 544 Guardrail End Treatments None 545 Crash Cushion Attenuators 421 550 Chain Link Fence 421,445 552 Wire Fence 445,492 556 Pipe Underdrains 402,432 560 Mailbox Assemblies Norte 585 Ride Quality for Pavement Surfaces None 610 Roadway Illumination Assemblies 416,421,432,441,442,445,449,614,616,618,620,622,624,626 613 High Mast Illumination Poles 416,421,432,441,442,445,449,618 614 High Mast Illumination Assemblies 441,442,445,613,616,620,628 616 Performance Testing of Lighting Systems 618,620,622 617 Temporary Roadway Illumination 416,610,613,614,61 B,620,621,622,624,627,628 618 Conduit 9,400,476 620 Electrical Conductors 9,610,628 621 Tray Cable 9,620 622 Duct Cable 9,400,620 624 Ground Boxes 420,421,432,440,618,620 625 Zinc-Coated Steel Wire Strand None 627 Treated Timber Poles None 628 Electrical Services 441,445,449,618,620,627,656 636 Signs 9,643 643 Sign Identification Decals None 644 Small Roadside Sign Assemblies 421,440,441,442,445,636,643,656 647 Large Roadside Sign Supports and Assemblies 9,416,421,440,441,442,445,636 650 overhead Sign Supports 416,420,421,441,442,445,449,618,636,654 654 Sign Walkways 9,441,445 656Foundations for Traffic Control Devices 400,416,420,421,432,440,441,442,445,447,449,618 658 Delineator and object Marker Assemblies 9,445 662 Work Zone Pavement Markings 19,666,668,672,677 Page 5 of 7 �a Items Referenced in the 2014 Standard Specifications for Construction and Maintenance of Highways, Streets, and Bridges Item Title Items,Articles, a Sections Referenced 666 Retroreftectorized Pavement Markings 9,316,502,662,677,678 668 Prefabricated Pavement Markings 9,678 672 Raised Pavement Markers 9,6T7,678 677 Eliminating Existing Pavement Markings and Markers 9,300,302,316 678 Pavement Surface Preparation for Markings 9,677 680 Highway Traffic Signals 416,610,618,624,625,627,628,636,656,682,684,686,688 681 Temporary Traffic Signals 416,610,618,620,621,622,624,625,627.628,636,644,666,680,682,684,686,687,688,690 682 Vehicle and Pedestrian Signal Heads None 684 Traffic Signal Cables 9 685 Roadside Flashing Beacon Assemblies 441,442,445,449,610,620,621,624,628,656,682,684,687 686 Traffic Signal Pole Assemblies(Steel) 416,421,441,442,445,449 687 Pedestal Pole Assemblies 445,449,656,682 688 Pedestrian Detectors and Vehicle Loop Detectors 9,618,624,682,664 680 Maintenance of Traffic Signals 416,421,476,610,618,620,622,624,625,627,628,636,656,680,682,684,685,686,687,688 700 Pothole Repair 300,330,334,340,520 712 Cleaning and Sealing Joints and Cracks(Asphalt Concrete) 300,340 713 Cleaning and Sealing Joints and Cracks(Concrete Pavement) None 720 Repair of Spalling In Concrete Pavement 429 721 Fiber Reinforced Polymer Patching Material 302 730 Roadside Mowing 7,9 731 Herbicide Treatment None 734 Litter Removal None 735 Debris Removal 734,738 738 Cleaning and Sweeping Highways None 740 Graffiti Removal and And-Graffiti Coating 427,446 745 Picnic Area Maintenance 740 751 Landscape Maintenance 193,730,734,745 752 Tree and Brush Removal 4 760 Cleaning and Reshaping Ditches None 764 Pump Station and Drainage System Cleaning None 770 Guard Fence Repair 421,429,441,448,540,542,544 771 Repair Cable Barrier System 421.658 772 Post and Cable Fence 421 774 Attenuator Repair 448 776 Metal Rail Repair 429,441,445,446,448,450 778 lConcrete Rail Repair 429,450,776 Page 6 of 7 Items Referenced in the 2014 Standard Specifications for + Construction and Maintenance of Highways, Streets, and Bridges Item Title Items.Articles, ! Sections Referenced 780 1 Concrete Crack Repair None 784 Steel Member Repair 421,441,442,446,448,780 785 Bridge Joint Repair or Replacement 429,438,448,449,454 786 Carbon Fiber Reinforced Polymer(CFRP) 9,429 788 Concrete Beam Repair 424,429,441,780,786 789 Treatment for ASR-Affected Concrete 19,427,428 Rage 7 of 7 800-002 �����^�U ����/^�^���� �� U���� ��� ~~x~,~.~~�. Provision ~~ ~��~.. ~~~' Nondiscrimination ..~..~.~�,~.~.......�..,~.. ^' DESCRIPTION All recipients of federal financial assistance are required to comply with various nondiscrimination laws including Title VI of the Civil Rights Act of 1964,as amended,(Title VI).Title V1 forbids discrimination against anyone in the United States on the grounds of race,color,or national origin by any agency receiving federal Texas Department ofTransportation,auorecipient ofFederal financial assistance,and under Tide Nand related statutes,ensures that nnperson shall onthe grounds of race,religion(where the primary objective of the financ|a|assistance isioprovide employment per 42U.S.C.$2O0Od'3\,color,national origin,sex,age ur disability be excluded from participation in,be denied the benefits of,or otherwise be subjected to discrimination under any Department programs oractivities. 2. DEFINITION OF TERMS Where the term ucontnadur"appears in the following six nondiscrimination clauses,the term tonbadur"is understood to include all parties to contracts or agreements with the Texas Department of Transportation. 3. NONDISCRIMINATION PROVISIONS During the performance Of this contract,the contractor agrees osfollows: 3.Y. Compliance with Regulations.The Contractor shall comply with the Regulations relative to nnod|sohminaUon7nFedenmUy'awnist*dpmgmmyuftheDVpmrtmentnfTionaporto5nn/heroinoMer,"O[T"\ Title 49,Code of Federal Regulations,Part 21,as they may be amended from time to time,(hereinafter referred to as the Regulations),which are herein incorporated by reference and made a part of this contract. 3.2. Nondiscrimination.The contractor,with regard to the work performed by it during the contract,shall not diochm[nateonUlegmmuodsofmma.00ior.ornuUona/oMg/Dinthase|mdionondneteoUonofsubuontnyutore. including procurements Vfmaterials and leases Qf equipment,The contractor shall not participate either directly or indirectly in the discrimination prohibited by section 21.5 of the Regulations,including employment practices when the contract covers aprogram set forth |nAppendix 8ofthe Regulations. 3.3. Solicitations for Subcontracts,Including Procurements ofMaterials and Equipment: |nall solicitations either by competitive bidding or negofiation made by the contractor for work to be performed under a subcontract,including procurements mfmaterials orleases of equipment,each potential subcontractor or supplier shall be notified by the contractor of the contractor's obligations under this contract and the Regulations relative to nondiscrimination on the grounds of race,color,or national origin. 34. Information and Reports:The contractor shall provide all information and reports required by the Regulations ordirectives issued pursuant thereto,and shall permit access(oits books,records,accounts, other sources of information,and its facilities as may be determined by the Recipient or the Texas Department of Transportation to be pertinent to ascertain compliance with such Regulations,orders and instructions.Where any information required of a contractor is in the exclusive possession of another who fails or refuses to furnish this information the contractor shall so certify to the Recipient,or the Texas Department ofTransportation oaappropriate,and shall set forth what efforts ithas made hoobtain the inhJVna\iuO. 1 0S-14 Statewide 000-002 3.5. Sanctions for Noncompliance.|nthe event ofthe contractor's noncompliance With the nondiscrimination provisions Ufthis contract,the Recipient Sh8UiNp8se such contract sanctions as it o[the Texas Department of Transportation may determine to be appropriate,including,but not limited to: • withholding of payments to the contractor under the contract until the contractor complies,andlor • cancellation,termination orsuspension ofthe contract,inwhole orinpart. 3.8. Incorporation of Provisions.The contractor shall include the provisions of paragraphs(1)through(6)in every subcontract,including procurements of materials and leases of equipment,unless exempt by the Regulations,or directives issued pursuant thereto.The contractor shall take such action with respect to any subcontract urprocurement as the Recipient orthe Texas Department cfTransportation may direct msm means of enforcing such provisions including sanctions for non-compliance:Provided,however,that,|nthe event a contractor becomes involved in,or is threatened with,litigation with a subcontractor orsupplier nam result of such directlion,the contractor may request the Recipient to enter into such litigation to protect the interests of the Recipient,and,in addition,the contractor may request the United States to enter into such litigation bVprotect the interests 0fthe United States. 2 0-14 Statewide U00-008 ������"�U �����"�°��� �� ���� ��� ~~n~~~~~�~^ Provision �� ��°"�� `"~~~" Special Labor Provisions for ~tat~ Projectsojec=~ 1. GENERAL This isG"Public Works"Project,as provided under Government Code Title 10.Chapter 225D."Prevailing Wage Rmtes."and is subject to the provisions oYthe Statute.Moprovisions inthe Contract are intended b:be inconflict with the provisions ofthe Statute. The Texas Transportation Commission has ascertained and indicated in the special provisions the regular rate of per them wages prevailing in each locality for each craft or type of worker.Apply the wage rates contained inthe specifications aVminimum wage rates for the Contract. 2. MINIMUM WAGES, HOURS AND CONDITIONS OF EMPLOYMENT All workers necessary for the satisfactory completion of the work are within the purview of the Contract. Whenever and wherever practical,give local citizens preference in the selection of labor. Do not require any worker to lodge,board or trade at a particular place,or with a particular person as a condition oyemployment, Dunot charge oraccept efee(fany from any person who obtains work mnthe project.DnOotnmqu|many person who obtains work onthe project bupeymnyiegboony(dherpoumnoragencyoWa|n|nQwmp|oymnnt for the person onthe project. Do not charge for tools or equipment used in connection with the duties performed,except for loss or damage Cfproperty.Dnnot charge for necessary camp water. Do not charge for any transportation furnished hoany person employed onthe project. The provisions apply where work is performed by piece work,station work,etc.The minimum wage paid will boexclusive of equipment rental on any shipment which the worker or subcontractor may furnish in connection with his work. Take responsibility for carrying outUhumquiroman(aofUligspooifiooiionendansumthataaohauboontrador working onthe project nomp|imsmiNhitapnoviuionu. Any form of subterfuge,coercion or deduction designated to evade,reduce or discount the established minimum wage scales will boconsidered oviolation nfthe Contract. The Fair Labor Standards Acts(FLSA)established one and one-half(1-11/2)pay for overtime in excess of 40 hours worked in I week.Do not consider time consumed by the worker in going to and returning from the place of work as part of the hours of work.Do not require or permit any worker to work in excess of 40 hours in1week,unless the worker receives compensation at arate not less than 14/%times the basic rate o[pay for all hours worked inexcess uy4Uhours inthe workweek. The general rates of per them wages prevailing in this locality for each class and type of workers whose services are considered necessary bofulfill the Contract are indicated|nthe special provisions,and these rates govern msminimum wage rates onthis Contract.A penalty o[$88.OUper calendar day urportion nfo calendar day for each worker that is paid less than the stipulated general rates of per them wages for any work done under the Contract Will be deducted.The Department,upon receipt of acomplaint byaworker, 1 DQ-14 Statewide 000-008 vAl|cetermine within 30 days whether good cause exists to believe that the Contractor masubcontractor has violated wage rate requirements and notify the parties involved of the findings.Make every effort to resolve the alleged violation within 14 days after notification.The next alternefive is submittal to binding arbitration in accordance with the provisions of the Texas General Arbitration Act(Art.224 et seq.,Revised Statutes). NohMthstanding any other provision of the Contract,covenant and agree that the Contractor and its subcontractors will pay each oftheir employees and contract labor engaged inany way lnwork under the Contract,a wage not less than what is generally known as the"federal minimum wage"as set out in 29 U.S.C.2O5mothat Statute may haamended from time fotime. Pay any worker employed whose position ianot listed inthe Contract,awage not less than the per them wage rate established in the Contract for a worker whose duties are most nearly comparable. 3. RECORD AND INSPECTIONS Keep copies of weekly payrolls for review.Require subcontractors to keep copies of weekly payrolls for review.Show the name,occupation,number of hours worked each day and per them wage paid each worker together with a complete record of all deductions made from such wages.Keep records for a period of 3years from the date of completion Ofthe Contract. Where the piece-work method is used,indicate on the payroll for each person involved: m Quantity ofpiece work performed. m Price paid per piece-work unit, m Total hours employed. The Engineer may require the Contractor to 0n an affidavit for each payroll certifying that payroll is a true and accurate report nfthe full wages due and paid bneach person employed. Post ormake available toemployees the prevailing wage rates from the Contract.Require subcontractors bo post ormake available inemployees the prevailing wage rates from the Contract. 2 09-14 04€1.Od9 Special Provision to Item 000 Tczras Small Business Enterprise in State Funded Projects ZD. s �,ron 1. DESCRIPTION The purpose of this Special Provision is to carry out the Texas Department of Transportation's policy of ensuring that Small Business Enterprise(SBE)has an opportunity to participate in the performance of contracts. If the SBE goal is greater than zero,Article A of this Special Provision shall apply to this Contract; otherwise,Article B of this Special Provision applies.The percentage goal for SBE participation in the work to be performed under this contract will be shown in the proposal, 2. DEFINITIONS Small Business Enterprise(SBE) is a firm (including affiliates)certified by the Department whose annual gross receipts do not exceed the U.S. Small Business Administration's size standards for 4 consecutive years. Firms certified as Historically Underutilized Businesses(HUBS)by the Texas Comptroller of Public Accounts and as Disadvantaged Business Enterprises(DBEs) by the Texas Uniform Certification Program automatically qualify as SBEs. 2.1. Article A•SBE Goal is Greater than Zero. 2.1.1. Pollcy.The Department is committed to providing contracting opportunities for small businesses.In this regard,it is the Department's policy to develop and maintain a program in order to facilitate contracting opportunities for small businesses. Consequently, the requirements of the Department's Small Business Enterprise Program apply to this contract as follows: 2.1.1.1. The Contractor shall make a good faith effort to meet the SBE goal for this contract. 2.1.1.2. The Contractor and any Subcontractors shall not discriminate on the basis of race,color, national origin,age, disability or sex in the award and performance of this contract.These nondiscrimination requirements shall be incorporated into any subcontract and purchase order, 2.1.1.3. After a conditional award is made to the low bidder,the Department will determine the adequacy of a Contractor's efforts to meet the contract goal,as is outlined under Section 2,''Contractor's Responsibilities," If the requirements of Section 2 are met,the contract will be forwarded to the Contractor for execution. The Contractor's performance,during the construction period of the contract in tweeting the SBE goal,will be monitored by the Department. 2.1.2. Contractor's Responsibilities.These requirements must be satisfied by the Contractor.A SBE Contractor may satisfy the SBE requirements by performing at least 25%of tyre contract work with its own organization as defined elsewhere in the contract. 2,1.2.1. The Contractor shall submit a completed SBE Commitment Agreement Form for each SBE they intend to use to satisfy the SBE goal so as to arrive in the Department's Office of Civil Rights(OCR)in Austin,Texas not later than 5:00 p.m,on the 1Qth business day,excluding national holidays,after the conditional award of the contract.When requested,additional time,not to exceed 7 business days,excluding national holidays, may be granted based on documentation submitted by the Contractor. 2.1.2.2. A Contractor who cannot meet the contract goal,in whole or in part,shall document the good faith efforts taken to meet the SBE goal.The Department will consider as good faith efforts all documented explanallorts 1 OS-14 Statewide 000-009 that are submitted and that describe mContractor's failure to meet oSBE goal mobtain SBE participation, including: 2.1.2.2.1. Advertising in general circulation,trade association,and/or minorityiwornen focus media concerning subcontracting opportunities, 2.1.2.2.2. Dividing the contract work into reasonable portions in accordance with standard industry practices, 2.1.2.2'3. Documenting reasons for rejection ormeeting with the rejectedSBE iodiscuss the rejection, 3.1.2.2'4. Providing qualified SBEs with adequate information about bonding,insurance,plans,specifications,scope of work,and the requirements ofthe contract, 2.1.2.2,5. Negotiating ingood faith with qualified SBEn,not rejectingqualified S8Exwho are also the lowest responsive bidder,and; 2.1.2.2.6. Using the services of available minorities and women,community organizations,contractor groups,local, state and federal business assistance offices,and other organizations that provide support services bxSBEs. 2.1.2.3. The good faith effort documentation is due at the time and place specified in Subarticle 2.(a).of this Special Provision.The Director n[the DBE&SBE Programs Section will evaluate the Contractors documentation.|f it is determined that the Contractor has failed to meet the good faith effort requirements,the Contractor will begiven aOopportunity for reconsideration bythe Department. 2.1.2.4. Should the bidder to whom the contract is conditionally awarded refuse,neglect or fail to meet the SBE goal ond/Ordamunytm8hetn1beDepaMmwnt'noadsfautionsufUdnnteffmdn1oobtain8QEpaMBoipuUon'tho proposal guaranty filed with the bid shall become the property of the State,not as a penalty,but as liquidated damages bmthe Department. 2.1.2.5' The Contractor must not terminate a SBE subcontractor submitted on a commitment agreement for a contract with an assigned goal without the prior written consent of the Department. 2.1.20. The Contractor shall designate a SBE contact person who Mll administer the Contractor's SBE programd who will be responsible for submitting reports,maintaining records,and documenting good faith efforts to use SBE*. 2.1.2.7. The Contractor must inform the Department of the representatives name,title and telephone number within 10days ofbeginning work. 3.1.3. Eligibility mfSBEs. 2.1.3.1. The Department certifies the eligibility ofSBEu. 2.1.32 The Department maintains and makes available tuinterested parties a directory ofcertified GBEs. 21.3.3. Only firms certified at the time of letting or at the time the commitments are submitted are eligible(oboused in the information furnished by the Contractor required under Section 2.(a)above. 2.1.3.4. Certified HVBmand DBEs are eligible me0BEa. 2.1.8.5. Small Business Size Regulations and Eligibility is referenced on e-CFR(Code of Federal Regulations),Title 13—Business Credit and Assistance,Chapter 1—Small Business Administration,Pad 121 —Small Business Size Regulations,Subpart A—Size Eligibility Provisions and Standards. 2.1.4. Determination ofSBE Participation.SBE participation shall be counted toward meeting the SBE goal in this contract|naccordance with the following: 2 O9-14 Statewide 000-009 2.1.4.1. AContractor will receive credit for all payments actually made hoaSBE for work performed and costs incurred iDaccordance with the contract,including all subcontracted work. 2.1.4.2' A SBE Contractor or subcontractor may not subcontract more than 75%of a contract.The SBE shall perform not less than 25%n[the value n[the contract work with its own organization. 2.1.4.3. A SBE may lease equipment consistent with standard industry practice,A SBE may lease equipment from the prime contractor if a rental agreement,separate from the subcontract specifying the terms of the lease arrangement,is approved by the Department prior to the SBE starting the work in accordance with the following: 2L1/4.3.1. If the equipment is of a specialized nature,the lease may include the operator.If the practice is generally acceptable with the industry,the operator may remain on the lessor's payroll.The operator of the equipment shall besubject Vnthe full control nf the SBE,for oshort term,and involve aspecialized piece oJheavy equipment readily available atthe job site. 2.1��.2. For equipment that isnot specialized,the SBE shall provide the operator and bm responsible for all payroll and labor compliance requirements. 2.1.5. Records and Reports. 2.1.5.1. The Contractor shall submit monthly reports,after work begins,nnG8Epaymonta.(inc|odingpaymonhmho HU8smod monthly reports are to be sent to the Area Engineer's office.These reports will be due within 15days after the end$Jacalendar month. These reports will be required until all SBE subcontracting or supply activity is completed.The'SBE Progress Reporf is to be used for monthly reporting.Upon completion of the contract and prior to receiving the final payment,the Contractor shall submit the"SBE Final Reporfbmthe Office of Civil Rights and acopy h}the Area Engineer.These forms may beobtained from the Office(fCivil Rights and reproduced 8s necessary.The Department may verify the amounts being reported as paid to SBEs by requesting,on a random basis,copies V(invoices and cancelled checks paid boS8Ea.When the SBE goal requirement ionot met,documentation supporting Good Faith Efforts,as ouff ined in Section 2.(b)of this Special Provision,must be submitted with the Final Report. 21.5.2. SBE subcontractors and/or suppliers should beidentified onthe monthly report bySBE certifioationnumber, name and the amount of actual payment made to each during the monthly period.These reports are required regardless nfwhether urnot SBE activity has occurred|nthe monthly reporting period. 2.1.5.3- AUouchnouordomuetbonetoinmdhurapehodnf3yearuMoUowinQcnmp!ohoUofthmconhadwmrtondahoU be available at reasonable times and places for inspecton by authorized representatives of the Department. 2.1.8. Compliance mYContractor.Toensure that SBE requirements uYthis contract are complied with,the Department ViUmonitor the C&Abactoesefforts tpinvolve SBESduring the performance ofthis contract.This will bwaccomplished bvoreview ufmonthly reports submitted bythe Contractor indicating his progress(m achieving the SBE contract goal and bycompliance reviews conducted bythe Department. A Contractor's failure to comply with the requirements of this Special Provision shall constitute a material breach of this contract.In such a case,the Department reserves the right to employ remedies as the Department deems appropriate|nthe terms ufthe contract. 2.2. Article B~No SBE Gmmi 2.2.1. Policy.It is the policy of the Department that SBEs shall have an opportunity to participate in the performance ofcontracts.Consequently,the requirements¢f the Departments Small Business Enterprise Program apply bothis contract gsspecified inSection 2'5ofthis Article, 3 8g44 Gbmbawido COG-009 2.22 Contractors Responsibilities.If there is noSBE goal,the Contractor will offer SBEsonopportunity to participate in the performance ofcontracts and subcontracts. 2.2.3. Prohibit Discrimination.The Contractor and any subcontractor shall not discriminate on the basis of race, color,national origin, religion,age,disability or sex in the award and performance of contracts.These nondiscrim!nation requirements shall be incorporated into any subcontract and purchase order. 2.2.4. Records and Reports. 3.2.4.1' The Contractor shall submit reports on SBE(including HUB and DBE)payments.The reports are to be sent hothe Area Engineer's offioo.ThoonrepodtswdUbeduoannuaUybyUha31mo[AuQuatorotproject completion,whichever comes first. These reports will be required until all SBE subcontracting or supply activity is completed.The�SBE Progress Report"ioboboused for reporting. Jounoomp|e0ono(ibecun(nmutandphortonemivingthufinm\ payment,the Contractor shall submit the"G8EFinal Rwpod"hothe Office of Civil Rights and ocopy huthe Area Engineer.These forms may be obtained from the Office of Civil Rights and reproduced as necessary. The Department may verify the amounts being reported as paid to SBEs by requesting copies of invoices and cancelled checks paid boS8Eaonarandom basis. 3.2.4.2. SBE subcontractors and/or suppliers should be identified on the report by SBE Certification Number,name and the amount o[actual payment made. 2.2.4.3. N|suchmnnrdomustbonetmined8orepedodnf3yeamfbDow1ngcomp|oUonofthoounbadxmrkanduha8 be available at reasonable times and places for inspection by authorized representatives of the Department. 4 Dg'14 ' Statewide 000.658 Special Provision to Item 000 Schedule of Liquidated Damages Q n Table 1 Schedule of Liquidated Damages For Dollar Amount of Original Contract Dollar Amount of Daily Contract Administration Liquidated From More Than To and Including Damages per Working Day 0 100,000 570 100,000 500,000 590 500,000 1,000,000 610 1,000,000 1,500,000 685 1,500,000 3,000,000 765 3,000,000 5,000,000 970 5,000,000 10,000,000 1,125 10,000,000 20,000,000 1,265 20,000,000 Over 20,000,000 2,590 In addition to the amount shown in Table 1,the Liquidated Damages will be increased by the amount shown in Item 8 of the General Notes for Road User Cost(RUC),when applicable, 1 08-18 Statewide 800-659 Special Prov"sion 000 ��^��� °°� ��^~ Evaluations n���uo�� �uu "�u��������� ����������K���� ���o�x����ons 1, GENERAL In accordance with Texas Transportation Code§223.012,the Engineer will evaluate Contractor performance based onquality,safety,and timeliness oYthe project. 2. DEFINITIONS 2.1. Project Recovery Plan(PRP)—a formal,enforceable plan developed by the Contractor,in consultation With the District,that documents the cause of noted quality,safety,and timeliness issues and specifies how the Contractor proposes tncorrect project-specific performance deficiencies, In accordance with Title 43,Texas Administrative Code(TAC),§9.23,the District will request a PRP if the Contractors performance onaproject iobe|uwUlnDepadn1anymmcuaptoh|anbondand$aAdwj||m0ni(VrUhW Condnsotn/mcompliance with the established plan. 3.3. Corrective Action Plan(CAP)—a formal,enforceable plan developed by the Contractor,and proposed for adoption by the Construction or Maintenance Division,that documents the cause of noted quality, d timeliness issues and specifies how the Contractor proposes hmcorrect statewide performance dmficienuimo. |Aaccordance with 43TAC§8.33.the Division will request a CAP ifthe average(fthe Contractors statewide final evaluation scores falls below the Departmerif s acceptable standards for the review period and will monitor the Contractor's compliance with the established plan. 3. CONTRACTOR EVALUATIONS Naccordance with Title 43.Texas Adminimtmfive Code/TAC>80.2D^the Engineer will schedule evaluations otthe following intervals,atminimum: • Interim evaluations—at or within 30 days after the anniversary of the notice to proceed,for Contracts extending beyond 1 yr.,and • Final evaluation—upon project closeout. In case of a takeover agreement,neither the Surety nor its performing Contractor will be evaluated. |Daddition b)regularly scheduled evaluations,the Engineer may schedule 8Dinterim evaluation at any time to formally communicate issues with quality,safety,or timeliness,Upon request,work with the Engineer to develop mPRP todocument expectations for correcting deficiencies, Comply with the PRP as directed.Failure to comply With the PRP may result in additional remedial actions available to the Engineer under Item 5,"Control of the Work."Failure to meet aPRP hothe Engineer's sgGsfacgOnmmyresV|t(nimmodioienefana|hothePerfbrmanmeRaWewCVmmidgehmroonuideouUnmo[ further action against the Contractor. The Engineer will consider and document any events outside the Contractor's control that contributed to the failure to meet performance standards or comply mfith a PRP,including consideration of sufficient time. Follow the escalation ladder if there is a disagreement regarding an evaluation or disposition of a PRP.The Contractor may submit additional documentation pertaining to the dispute,The District Engineer's decision 1'2 1O/1Q Statewide 000-659 cmVContractors evaluation score and recommendation ofaction required inoPRP mfollow Upfor non- compliance is final. 4. DIVISION OVERSIGHT Upon request of the Construction or Maintenance Division,develop and submit for Division approval a proposed CAP to document expectations for correcting deficiencies in the performance of projects statewide. Comply with the CAP as directed.The CAP may be modified at any time up to completion or resolution after written approval of the premise of change from the Division.Failure to meet an adopted or revised adopted CAP to the Division's satisfaction within 120 days will result in immediate referral to the Performance Review Committee for consideration offurther action against the Contractor. The Division will consider and document any events outside the Contractor's control that contributed to the failure to meet performance standards or comply with a CAP,including consideration of sufficient time and associated costs amappmprimka. 5. PERFORMANCE REVIEW COMMITTEE The Performance Review Committee,inaccordance with 43TAC§Q.24.will review atminimum all final evaluations,history of compliance with PRPs,any adopted CAPs including agreed modifications,any information about events outside a Contractors control contributing iothe Contractor's performance,and any documentation submitted by the Contractor and may recommend one or more of the following actions: u take noaction, n reduce the Contractors bidding capacity, m prohibit the Contractor from bidding onone ormore projects, m immediately suspend the Contractor from bidding for a specified period of time,by reducing the Contractor's bidding capacity bozero,ur m prohibit the Contractor from being awarded a Contract on which they are the apparent low bidder. The Deputy Executive Director WiUdetermine any further action against the Contractor. 6. APPEALS PROCESS In accordance with43TACGS.25.theConbraotormayappna|oemudie|acdonadabonninedbythe Deputy Executive Director. 2-2 1O/19 Statewide 000-1019 --A--QD Special Provision 000 W Certificate of Interested Parties (Form 1295) Submit a notarized Form 1295,"Certificate of Interested Parties,"in the following instances: • at Contract execution for Contracts awarded by the Commission; ■ at Contract execution for Contracts awarded by the District Engineer or Chief Engineer with an award amount of$1,000,000 or more;at any time an existing Contract awarded by the District Engineer or Chief Engineer increases in value to $1,000,000 or more due to changes in the Contract;at any time there is an increase of$1,000,000 or more to an existing Contract(change orders,extensions,and renewals);or ■ at any time there is a change to the information in Form 1295,when the form was filed for an existing Contract. Form 1295 and instructions on completing and filing the form are available on the Texas Ethics Commission website. 03-21 Statewide 0O3-011 ������t^��U Provision �»� U���� ^� ~~���~�~ ~ ~_� ~�~�~~ �� "��""" � U. ~.~~ ction— to Bidders Item 2."Instructions h}Bidduns,"(f the Standard Specifications is amended with respect h)the clauses cited below.Noother clauses orrequirements ufthis Item are waived urchanged. Article 2.3.."Issuing Proposal Founs'°iesupplemented bvthe following: uN the Bidder Oraffiliate of the Bidder that was originally determined asthe apparent low Bidder una project,but was deemed nonresponsive for failure to register or participate in the Department of Homeland SecuriRy's(DHS)E-Verify system as specified in Article 2.15.,"Department of Homeland Security(DHS)E-Verify System,"is prohibited from rebidding that specific project. Article 2.7.."Nonresponsive B1d."issupplemented bvthe following: a the Bidder failed to participate|nthe Department of Homeland Security's(DHS)as specified inArticle 2.15,"Department of Homeland Security(DHS)E-Verif/System." Article 2.18,"Department wfHomeland Security(OHS)E^Vm,|h/Svstem,"isadded. The Department will not award a Contract to a Contractor that is not registered in the DHS E-Verify system.Remain active|n E=Verify throughout the life of the contract.In addition,in accordance with paragraph six of Article U.2,^SuboonbncUuD.°include this requirement in all subcontracts and require that subcontractors remain active in E-Verify until their work is completed. |fthe apparent low Bidder does not appear on the DHS E-Verify system pdor to award,the Department will notify the Contractor that they must submit documentation showing that they are compliant Within 5-business days after the date the notification was sent.AContractor who fails hocomply orrespond*iUh1oUlodaed|inewU|bodao|unmdnoA'ounp¢noivoandth$D$partm$ntvWU execute the proposal gumnanb/.TUopmpomu|guomnhywiUbecom8ihupnopmrtxf the State,not as apenalty,but as liquidated damages.The Bidder forfeiting the proposal guaranty will not be considered in future proposals for the same work unless there has been asubstantial change inthe scope ofthe work. The Department may recommend that the Commission: • reject all bids,or • awmrdtheContmoLbu{hanewappmrent|ow8iddpr,KtheOwpartmantimaNehzvedfvthoB|ddu/sporbcipeUoninNeDH8 E-verify system.For the Bidder who is not registered In E-Verify,the Department will allow for one business day after notification b)provide proof ofregistration. If the Department is unable to verify the new apparent low Bidder's participation in the DHS E-Verify system within one calendar day: • the new apparent low Bidder will not bodeemed nonresponsive, • the new apparent low Bidders guaranty will not be forfeited, • the Department will rejectall bids,and • the new apparent low Bidder will remain eligible to receive future proposals for the same project. 1 -1 O24O Statewide Uua*u1a Special Provision to Item 3 Award and Execution of Contract A4f Item 3,"Award and Execution of Contract"of the Standard Specifications is amended With respect to the clauses cited below.No other clauses or requirements of this Item are waived or changed. Section 4.3"Insurance"is being amended by the following: Table 2 FT- Insurance Re uIrements, ype of insurance Amount of Coverage Commercial General Liability—Insurance Not Less Than: insurance ,I u G n n c e a I L' bili Insurance e e Am ty Not U'n r;1 Amount e a L 3m nt 0 ts Lessf Covera Than: $600 000 each occurrence Business AutomobilePolicyNot Less Than: Co c $600 000 combined single limit Workers'Compensation Not Less Than: Statu ild e ce statuto 'a All Risk Builder's Risk Insurance 100%of Contract Price tra ts o M I For buildin -facilities contracts oni 1 -1 03-20 Statewide Statewide 000-659 OmaContractor's evaluation score and recommendation nfaction required inuPRP orfollow upfor non- compliance is final. 4. DIVISION OVERSIGHT Upon request nfthe Construction nrMaintenance Division,develop and submit for Division approval a proposed CAP to document expectations for correcting deficiencies in the performance of projectsstabwvidm. Comply with the CAP eodirected.The CAP may bomodified et any time uptocompletion orresolution after written approval cf the premise ofchange from the Division.Failure bomeet anadopted mrrevised adopted CAP tothe Division's satisfacgon within 120 days will result in immediate referral to the Performance Review Committee for consideration of further action against the Contractor. The Division will consider and document any events outside the Contractor's control that contributed to the failure to meet performance standards or comply with a CAP,including consideration of sufficient time and associated costs umappropriate. 5. PERFORMANCE REVIEW COMMITTEE ThePedonnanooReNmxCommiUee.inantOnJancew|th43TACG8.24'uiUrevieuatnUnimuma||fina| evaluations,history of compliance with PRPs,any adopted CAPs including agreed modifications,any information about events outside a Contractor's control contributing to the Contractor's performance,and any documentation submitted by the Contractor and may recommend one or more of the following actions: m take noaction, m reduce the Contractors bidding capacity, m prohibit the Contractor from bidding onone ormore projects, w immediately suspend the Contractor from bidding for a specified period of time,by reducing the Contractors bidding capacity hmzero,or m prohibit the Contractor from being awarded aContract nnwhich they are the apparent low bidder. The Deputy Executive Director will determine any further action against the Contractor. 6. APPEALS PROCESS |nmuuondonoewiUl43T/VC0W.25.8leContmdormeygppaa|nammd|a|azUonmdehanninedbvtheDoputy Executive Director. 2-2 18MQ uoamammm 002-011 Special Provision to item Instructions to Bidders Omp�rtmonl of TrdnspsparCnEfon [tern 2,"Instructions to Bidders,"of the Standard Specifications is amended with respect to the clauses cited below. Into other clauses or requirements of this Item are waived or changed. Article 2.3.,"Issuing Proposal Forms,"is supplemented by the following: m the Bidder or affiliate of the Bidder that was originally determined as the apparent low Bidder on a project,but was deemed nonresponsive for failure to register or participate in the Department of Homeland Security's(DHS)E-Verify system as specified in Article 2.15.,"Department of Homeland Security(DHS)E-Verify System,"is prohibited from rebidding that specific project. Article 2.7,,"Nonresponsive Bid,"is supplemented by the following: m the Bidder failed to participate in the Department of Homeland Security's(DHS)as specified in Article 2.15,,"Department of Homeland Security(DHS) E-Verify System." Article 2.15,,"Department of Homeland Security(DHS)E-Verify System,"is added. The Department will not award a Contract to a Contractor that is not registered in the DHS E-Verify system, Remain active in E=Verify throughout the life of the contract. In addition,in accordance with paragraph six of Article 5.2,"Subcontracting,"include this requirement in all subcontracts and require that subcontractors remain active in E-Verify until their work is completed, If the apparent low Bidder does not appear on the DHS E-Verify system prior to award,the Department will notify the Contractor that they must submit documentation showing that they are compliant within 5-business days after the date the notification was sent.A Contractor who fails to comply or respond within the deadline will be declared non-responsive and the Department will execute the proposal guaranty.The proposal guaranty will become the property of the State,not as a penalty,but as liquidated damages.The Bidder forfeiting the proposal guaranty will not be considered in future proposals for the same work unless there has been a substantial change in the scope of the work, The Department may recommend that the Commission: • reject all bids,or • award the Contract to the new apparent low Bidder,if the Department is able to verify the Bidder's participation in the DNS E-verify system.For the Bidder who is not registered in E-Verify,the Department will allow for one business day after notification to provide proof of registration. If the Department is unable to verify the new apparent low Bidder's participation in the DHS E-Verify system within one calendar day: • the new apparent low Bidder will not be deemed nonresponsive; • the new apparent low Bidder's guaranty will not be forfeited, • the Department will reject all bids,and • the new apparent low Bidder will remain eligible to receive future proposals for the same project. 1 -1 02-18 Statewide 003-013 Special Provision to Item 3 Award and Execution of Contract W ZD. Item 3,"Award and Execution of ContracCof the Standard Specifications is amended with respect to the clauses cited below.No other clauses or requirements of this Item are waived or changed. Section 4.3"Insurance"is being amended by the following: Table 2 Insurance Requirements Type of Insurance Amount of Coverage Commercial General Liability Insurance Not Less Than: $600,000 each occurrence Business Automobile Policy Not Less Than: $600,000 combined single limit Workers'Compensation Not Less Than: Statutory AJI Risk Builders Risk Insurance 100%of Contract Price For building-facilities contracts only) 1 03-20 Statewide 004-004 ��������^:�U ���K��,^��^��U� ��^ U���� � ~~«~.~,~..�. Provision ~~~ ~�~~~. ~ 4��°���� ^�� (Materials �^°�� ��U��" "�v,v�n.~. v�n mm�mnu &mmm���uo~~mm n�x�onu000u,u ��..n,�y Item 4."Scope of Work"of the Standard Specifications is amended with respect to the clauses cited below.Noother clauses or requirements of this Item are waived or changed. Article 4.4.'"Changes |nthe DVurh'".imsupplemented bvthe hoUowring: When mutually agreed imwriting,the Engineer may extend the M8inbmnaooeDlafflcMaterials Contract(Materials Cm if the Contractor has satisfactorily hV|OUed the terms and conditions of the Mabada|m Contract The extension may he for period of time not boexceed the original Materials Contract time and may include ddiU |quantities up to the di |b/d quantities plus any quantities added by change order.Unit prices may be adjusted,with the extension,to reflect the current Federal Consumer Price Index for the Southern Region,The extension will meet the terms and conditions of the Materials Contract.Execute the extension prior to the final acceptance of the Materials Contract unless agreed upon by the Engineer.Prosecute the Mahahm|s Contract and the extension consecutively.The extension will be allowed only twice. 1-1 01-2O Statewide 005-002 �����°�U �����~�"��� �� ��k� � ~~x~~~~~.~~. Provision~~~ �~..~.. ~,~ .�~... ~' Controlofthe Work Item 6i"Control mfthe VVork,`o(the Standard Specificationsisamended With respect hothe clauses cited below.Woother clauses orrequirements ofthis Item are waived or changed. Article 5.1."Authority ofEnQineer,"iovoided and replaced bythe fdbwing. The Engineer has the authority to observe,test,inspect,approve,and accept the work.The Engineer decides all quegfions about the quality and acceptability of materials,work performed,work progress,Contract interpretations,and acceptable Contract fulfillment.The Engineer has the authority buenforce and make effective these decisions. The Engineer acts as a referee in all questions arising under the terms of the Contract.The Engineers decisions will be final and binding. The Engineer will pursue and document actions against the Contractor amwarranted boaddress Contract performance issues. Contract remedies include,but are not limited to,the following: • conducting interim performance evaluations requiring mProject RecmvnryP|mn.inmocondenomwithT|Um43, Texas Administrative Code(TAC)§9.23, • requiring the Contractor to remove and replace defective work,or reducing payment for defective work, • removing anindividual from the project, • suspending the work without suspending working day charges, • assessing standard liquidated damages torecover the Department's administrative costs,including additional p 'ect- apooifioUquidateddomaQouwhunspeoifiedio1heC0nbmctina000rdannewith43TAGQ9.22. • withholding estimates, • declaring the Contractor h/beindefault mfthe Contract,and • incase n[a Contractor's failure bomeet aProject RecoveryP!gn.mherdnUdho|eauodimct|yhoLhePedbnnanoaReviRw Committee for consideration of further action against the Contractor in accordance with 43 TAC§8.24. The Engineer will consider and document any events outside the Contractor's control that contributed to the failure to meet performance standards,including consideration ofsufficient Ume. Follow the issue escalation ladder if there is disagreement regarding the application of Contract remedies. 1-1 QQ-18 Statewide 005-003 Special Provision to Item 5 of ftnaporWon Control of the Work Aa= Item 5,"Control of the Work"of the Standard Specifications is amended with respect to the clauses cited below.No other clauses or requirements of this Item are waived or changed. Article 5.4,"Coordination of Plans,Specifications,and Special Provisions,"the last sentence of the last paragraph is replaced by the following: Failure to promptly notify the Engineer will constitute a waiver of all contract claims against the Department for misunderstandings or ambiguities that result from the errors,omissions,or discrepancies. 10-19 Statewide 008-001 �������"�U ����/"����� �� U���� � ~~n_�~~�~ Provision ~~ ^~~^~^ ~ Controlof Materials Z.3�5=- Foro[Matmdalm,"ofthe Standard Specifications,ishereby amended with respect to the clauses cited below,and no other clauses mrequirements of this Item are waived or changed hereby. Article 4.,"Sampling,Testing,and Knspvction."insupplemented by the folloVing: Meet with the Engineer and choose either the Department or a Department-selected Commercial Lab(CL) for conducting the subset(fproject-level oomp|inUendh)obnguhowninTab|e1,"8e|eCt Guide Schedule Sampling and Testing."Selection may be made on a test by test basis.CLS Will meet the testing turnaround times shown(includes test time and time for travel/sampling and reporting)and|nail cases issue test reports ossoon espossible. If the Contractor chooses a Department-selected CIL for any Table I sampling and testing: • notify the Engineer,District Lab,and the CLufproject oohmdu|inQt8mtmmyrequinwCLiemUng; ° provide the Engineer,District Lab,and CLatleast 24hours'notice by phoneand w-mai|| • reimburse the Department forCLTmb|e1tetUnQusingthn000baotieonuhedu|oforhheCLUnv|uding mileage and travel/standby time)mtthe minimum guide schedule testing frequencies; m reimburse the Department for CL Table i testing above the minimum guide schedule frequencies for retesting when minimum frequency testing results infailures tumeet specification limits; * agree with the Engineer and CLupon apolicy /d} 0gU8catioDfor testing services; ° give any cancellation notice to the Engineer,District Lab,and CL by phone and e-mail; = reimburse the Department a$150 cancellation fee to cover technician time and mileage charges for previously scheduled work cancelled without adequate notice,which resulted in mobilization of technician and/or equipment bythe CL;and ° all CL charges will be reimbursed to the Department by a deduction from the Contractor's monthly pay estimate. If the CL does not meet the Table I turnaround times,testing charge to the Contractor will be reduced by 5D°&for the first late day and onadditional 5Wfor each succeeding late day. Approved CIL project hasUngabovethamin|mumbamUUgfrmquanciaointhoBuidmSchadu|mo[BampUngend Testing,and not muthe result uffailing tests,will bmpaid bvthe Department, Other project-level 8uide8chadu|osamplingandbmoUngnntohumv onTable Ywill bethe responsibility of the Department. 1 O8-14 Statewide 006.001 Table 1 Select Guide Schedule Sampling and Testing(Note 1) Turn- TOOT Test Test Description Around Time Calender da s r Tex-101-E Preparation of Soil and Flexible Base Materials for Testing(included in other tests) Tex-104-E Liquid Limit of Soils(included in 106-E) Tex-105-E Plastic Limit of Soils(included in 106-E) Tex-106-E Calculating the Plasticity Index of Soils 7 Tex-110-E Particle Size Analysis of Soils 6 Tex-113-E Moisture-Density Relationship of Base Materials 7 Tex-1 14-E Moisture-Density Relationship of Subgrade and Embankment Soil 7 Tex-1 15-E Field Method for In-Place Density of Soils and Base Materials 2 Tex-1 16-E Ball Mill Method for the Disintegration of Flexible Base Material 5 Tex-117-E,Part II Triaxial Compression Tests For Disturbed Soils and Base Materials(Part Il) 6 Tex-113-E Moisture-Density Relationship of Base Materials with Triaxial Compression Tests For Disturbed Soils and 10 w/Tex-1 17-E Base Materials Part ll Tex-140-E Measuring Thickness of Pavernent Layer 2 Tex-145-E Determining Sulfate Content in Soils-Calorimetric Method 4 Tex-200-F Sieve Analysis of Fine and Coarse Aggregate(dry,from ignition oven with known correction factors) 1 dote 2) Tex-203-F Sand Equivalent Test 3 Tex-206-F, (Lab-Molded Density of Production Mixture—Texas Gyratory) wJ Tex-207-F,Part 1, Method of Compacting Test Specimens of Bituminous Mixtures with Density of Compacted Bituminous 1 wJ Tex-22.7-F Mixtures,Part I-Bulk Specific Gravity of Compacted Bituminous Mixtures,with Theoretical Maximum (Note 2) Specific Gravity of Bituminous Mixtures Part (In-Place Air Voids of Roadway Cores) Tex-207-F, Part Density of Compacted Bituminous Mixtures,Part I-Bulk Specific Gravity of Compacted Bituminous 1 &Jor PPart V8 (Note 2) Mixtures&tor Part VI-Bulk Specific Gravity of Compacted Bituminous Mixtures Using the Vacuum Method Tex-207-F,Pact V Density of Compacted Bituminous Mixtures,Part V-Determining Mat Segregation using a Density-Testing 3 Gauge Tex-207-F,Part VII Density of Compacted Bituminous Mixtures,Part VII-Determining Longitudinal Joint Density using a 4 Density-Testing Gauge Tex-212-F Moisture Content of Bituminous Mixtures 3 Tex-217-F De9eterious Material and Decantation Test for Coarse Aggregate 4 Tex-221-F Sampling Aggregate for Bituminous Mixtures,Surface Treatments,and LRA(included in other tests) Tex-222-F Sampling Bituminous Mixtures(inciuded in other tests) Tex-224-F Determination of Flakiness Index 3 Tex-226-F Indirect Tensile Strength Test(production mix) 4 Tex-235-F Determining Draindown Characteristics in Bituminous Materials 3 Tex-236-F Asphalt Content from Asphalt Paving Mixtures by the Ignition Method(Determining Correction Factors) 4 Correction Factors Tex-236-F Asphalt Content from Asphalt Paving Mixtures by the Ignition Method(Production Mixture) 1 Nate 2 Tex-241-F (Lab-Molded Density of Production Mixture—Superpave Gyratory) w!Tex-207-F,Part I, Superpave Gyratory Compacting of Specimens of Bituminous Mixtures(production mixture)with Density 1 wJ Tex-227-F of Compacted Bituminous Mixtures,Part l-Part I-Bulk Specific Gravity of Compacted Bituminous (Note 2) Mixtures,with Theoretical Maximum Specific Gravity of Bituminous Mixtures Tex-242-F Hamburg Wheel-Tracking Test(production mix,molded samples) 3 Tex-244-F Thermal Profile of Hot Mix Asphalt 1 Tex-246-F PermeaNlily of Water Flow of Hot Mix Asphalt 3 Tex-280-F Flat and Elongated Particles 3 Tex-530-C Effect of Water on Bituminous Paving Mixtures(production mix) 4 2 09-14 Statewide 006.001 Tex-400-A Sampling Flexible Base,Stone,Gravel,Sand,and Mineral Aggregates Tex-41 01-A Abrasion of Coarse Aggregate Using the Los Angeles Machine 5 Tex-419-A Soundness of Aggregate by Use of Sodium Sulfate or Magnesium Sulfate 12 Tex-461-A Degradation of Coarse Aggregate by Micro-Deval Abrasion 5 Tex-612-J Acid Insoluble Residue for Fine Aggregate 4 ,,s„ L,,,,,,,/.,i,�J,,,,/,,,/,. ..,„r,G ,,,,,,t/,,,.�,.,,„,i ..;, !r ��i„,.,✓�,J/,,.,,/,�w',7���1�1:,!,,,,,,,,;1/✓,,,!�/,,,,,i„ � , „ ,,,,, rf,,, ,,;r /_��, HMA Production Specialist[TxAPA—Level 1-A]($,'hr) HMA Roadway Specialist[TxAPA—Level 1-B]($Ihr) Technician Travel/Standby Time(51hr) Per Diem($/day—meals and lodging) Mileage Rate(SJmile from closest CL location) Dote 1—Turn-Around Time includes test time and time for traveUsampling and reporting. Note 2—These tests require turn-around times meeting the governing specifications,Provide test results within the stated turn-around time. CL is allowed one additional day to provide the signed and sealed report, 3 Og-14 Statewide 006-018 g����^�K ����"�~��� A� ���� � ~'n~`~`~^^~^ Provision ~~' ^~~^~^ ~~ C=ntroUofMaterials Item 6, 4Control of Materials"of the Standard Specifications is amended with respect to the clauses cited below,No other clauses or requirements of this Item are waived or changed. Article 6.10.,"Hazardous Materials,"is voided and replaced by the following: Comply with the requirements of Article 7.12.,"Responsibility for Hazardous Materials." Notify the Engineer immediately when a visual observation or odor indicates that materials on sites owned or controlled by the Department may contain hazardous materials.Except as noted herein,the Department is responsible for testing,removing,and disposing of hazardous materials not introduced by the Contractor.The Engineer may suspend work wholly or in part during the hegt|ng. nmmoving'ordioposingofhaz0ndouammhaha|g.exceptinNoc8sovvhmnwhmzanduusmoteho|oanmintmducodbythe Contnactor. Use materials that are free ofhazardous materials.Notify the Engineer immediately Vmaterials are suspected bocontain hazandouamahsha(m.|fmmbsdo|sdm|iwmredbothapnojooibviheConbndnranmmuo9ectmdtomontainhazan1mummabmho|m.havo mnapproved commercial laboratory test the materials for the presencecfhazardous materials amapproved.Remove,remediate, anddisposnn[onyofthmoemahodo|nhoumdhomonbolnbazandnuomateh$ls.Thownrknoquimdh]nomp|ywith(hisowctinnvNUbm at the Contractors expomoeifmahsdm|movwhoundbmmonhninhozaoduummatedo|V.Wodkingdayohorg8SwiUAotbemunpnndmd and extensions of working days Vill not be granted for activities related to handling hazardous material introduced by the Contractor,If suspected materials are not found to contain hazardous materials,the Department will reimburse the CVO\rBchJr forhazandoummateho|ohaoUngandw0adjuwtworkimgdayoharQmoif(hoCoMtrmdoroanmhnwthaithiuwoMhimpactedNhandUca| path, 10.1.Painted Steel Requirements.Coatings Onexisting steel contain hazardous materials unless otherwise shown onthe p}ans.Remnvnpairdonddimpnso«[stee|cnabmdwithpaintounbmininghazandousmateha|m{a|naocon1onoevNdhdhe6xUoWng: 10.1.1.Removing Paint From Steel Forcontracts.that are specificallyfor painting steel,Item 446,OField Cleaning and Painting Steel"will be included as a pay item.Perform work in accordance with that item. For projects whmrepmintmustbermmovndboaUowfbrMedismmnd|n0oymban1ork)podbrmuiherwmrk.UheDepadmentYjU provdehovaampunoVmnmntrador(01indpgrty)bzmmovapa(ntnon\e|ninghmzan]mummaboda|apdortourduringihoCmMhaui. Remove paint covering existing steel shown not to contain hazardous materials in accordance with Item 446,0171eld Cleaning and Painting Steel." 1�1.2.Removal and Disposal of Painted Steel.For steel able tobedismantled by unbolting,paint removal will not bu performed by the Department.The Department will remove paint,at locations shown on the plans or as agreed,for the Cmntnocto/s cutting and dismantling purposes.Utilize Department cleaned locations for dismantling when pnrvidmdnrprovide own means ofdismantling at other locations. Painted steel to be retained by the Department will be shown on the plans. For painted steel that contains hazardous materials, dispose of the painted steel at a steel recycling or smelting facility unless otherwise shown an the plans.Maintain and make available to the Engineer invoices and other records obtained from the facility showing the received weight of the steel and the facility name.Dispose ofsteel that does not contain hazardous material coatings in accordance with federal, state and local regulations. 1-2 82-1H Statewide OU8~012 10.2.Asbestos Requirements.The plans will indicate locations or elements where asbestos containing materials(ACM)are known to b0present.Where ACM is known to exist 0where previously unknown ACM has been found,the Department will arrange for abatement separate contractor prior to or during the Contract.Notify the Engineer of proposed dates of demolition orremoval of structural elements with ACM at least 60 days before beginning work to allow the Department sufficient time for abatement, The Department of State Health Services(DSHS),Asbestos Programs Branch,is responsible for administering the requirements of the National Emissions Standards for Hazardous Air Pollutants,40 CFR Part 61,Subpart Mand the Texas Asbestos Health Protection Rules(TAHPR),Based on EPA guidance and regulatory background information,bridges are considered to be a regulated'facility"under NESHAP.Therefore,federal standards for demolition and renovation apply. The Department is required to notify the DSHS at least 10 working days(by postmarked date)before initiating demolition or renovation 0feach structure n,load bearing member shown on the plans.If the actual demolition or renovation date is changed ordelayed.no(ifvtheEnUineeriDwhUngo[thmrewi$wddatew|nVuffidnn\UmobooUmmforU`eOmpmdmnnt'unntifiomUonb>OSHG bobapostmarked gtleast 10days inadvance ofthe actual work. Failure to provide the above information may require the temporary suspension of work under Article 8.4.,7emparary Suspension cfWork orWorking Day Chm m,°duehmnmmmnnounderthwcooVn|cf the Contractor.The Department retains the right to determine the actual advance notice needed for the change in date to address post office business days and staff availability. 10.3.Lead Abatement.Provide traffic control as shown on the plans,and coordinate and cooperate with the third party andihe Deomdmmnt1ormnnaginQmmmmdnghazandousmahoho|e.Workhorthotraffiocmnhn|nhumm¢Ud)e plans and coordination work will not bopaid for directly but will bwsubsidiary tupertinent Items. 2-2 02-1O Statewide 007-004 ��k�4�K�^��U ���K��`"��^��U� �^� UAA��� ^� ~~n~~'`~^~~^ Provision~~~~~~^~~^~ �~~ ^~~^~^ ^ —~ m~ U Relations and Responsibilities Item 7, is amended with respect tothe clauses cited below. No other clauses or requirements of this Item are waived or changed. Section 7.7.2.,"Texas Pollutant Discharge Elimination System Permits and Storm Water Pollution Prevention Plans(SWPJ)."is voided and replaced by the following: 7.2. Texas Pollution Discharge Elimination System(TPDES)Permits and Storim Water Pollution Prevention Plans (SWp3). 7.2.1. Projects Widtless than one acre uysoil disturbance including required associated project specific lmnmUonm /p8L'w\per TPDGGGPTXR1500DO. No posting or filing will be required for soil disturbances within the right of way.Adhere to the requirements of the GVVP3. 7.2.2. Projects with one acre but less than five acres of soil disturbance including required associated PSL's per T90E8GPTX81508UD. The Department will boconsidered aprimary operator for Opprational Control Over Plans and Sgecifications as defined in TPDES GP TXR 150000 for construction activity in the fight of way.The Department will post a small site notice along with other requirements esdefined inTPIDES GPTXR1S0ODUwwthe entity nfhaving operational control overp|anmmndnpmoificationohorwork$hownonthwp|mnsin8lohghto[vway. The Contractor will bmconsidered aPrimary Operator for asdefined inTPDESGP TXR15DUOOfor construction activity inthe right o[way, |naddition b>the Department's actions,the Contractor will post esmall site notice along with other requirements aodefined inTPDES GPTXR1S8OOUmmthe entity ofhaving day-hn-dayoperational control Vfthe work shown onthe plans inthe right ofway.This|s|naddition bothe Contractor being responsible for TPDES GP TXR 150000 requirements for on-right of way and off-right of way PSL's.Adhere to al[requirements of the SWP3 as shown on the plans.The Contractor will be responsible for Implement the SWP3 for the project site inaccordance with the plans and mpecifiumUons`TPDES General Permit TXR15O0OO.and uudirected. 7.2,3. Projects with 5 acres or more of soil disturbance including required associated PSL's pmrTPQE0GP7XR 150000. The Department will baconsidered mprimary operator for Operational Control Over Plans and Sgecifications as defined inTPDESGPTXR15ODDOfor nunstr cUunmcUvi8esinthehQhtofway.TheDmpertmmntwiUpostm|mrgeshm noUom'fi1u a notice of intent/W0\,notice of change(NOC),if applicable,and a notice of termination(NOT)u|VnQ with other requirements per TPDES GPTXR1500O0asthe entity having operational control over plans and specifications for work shown onthe plans inthe right cfway. The Contractor will baconsidered aprimary operator for aodefined inTPDESGPTXR 15OUOOfor construction activities inthe rightufvwa .|naddiUnnhotMeDopodmenyomotioos^thaContrmck/rmhaUU!e a NO[NOD'if applicable,and NOT and post large site notice along with other requirements as the mndhofhaving day-to-day operational control of the work shown on the plans in the right of way.7hls is in addition to the Contractor i -2 1O-15 007-OD4 being responsible for TPOES GP TXR 150000 requirements for on-right of way and off-right of way PSL's. Adhere to a[[requirements of the SWP3 as shown on the plans. 2-2 10-15 Statewide 007-008 Special Provision to Item 7 Legal Relations and Responsibilities Item 7,"Legal Relations and Responsibilities"of the Standard Specifications is amended with respect to the clauses cited below. No other clauses or requirements of this Item are waived or changed. Section 19.1.,Minimum Wage Requirements for Federally Funded Contracts.The second paragraph is voided and replaced by the following; Submit electronic payroll records to the Engineer using the Department's payroll system. Section 19.2.,Minimum Wage Requirements for State Funded Contracts.The second paragraph is voided and replaced by the following: Submit electronic payroll records to the Engineer using the Department's payroll system. 07-17 Statewide OO7-011 N�8����^��� K����,^��^��U� �»� U���� Kn��^� ~~u~.~_.~~. Provision ~� Item ~�. ������� ��w� �������"��~U� i�� ~~~��~^^ Relations ~~^^~~ Responsibilities Item 7,'Legal Relations and ResponsibNties."of the Standard Specifications is amended mfith respect to the clauses cited below. Section 3.6.,"Barricades,Signs,and Traffic HmndUoQ."the first paragraph|ovoided and replaced by the following: 2.6. Barricades,Signs,and Traffic Handling.Comply WiLhthe requirements ofItem 502^Bmniomdnw.Signs,and Traffic Handling,"and as directed.Provide traffic control devices that conform to the details shown on the plans,the TMUTCD,and the Departmerifs Compliant Work Zone Traffic Control Device List maintained by the Traffic Safety Division.When authorized or directed,provide additional signs or traffic control devices not required bvthe plans. Section 2.6.1.,"Contractor Responsible Person and Alternative,"is voided and replaced by the following: 2.6.1. CpntxochmrReopmusib|ePanmwnandA|twrnativc.DemignatninwhUnQ,aConbmdn/sRasponsib]ePenaon (CRP)and onalternate hubmthe representative 0fthe Contractor who isresponsible for taking ordirecting corrective measures regarding the traffic control.The CRP or alternate must be accessible by phone 24 hr.per day and able to respond when notified.The CRIP and alternate must comply with the requirements of Section 2.6.5.,"Training.' Section 2.&.2." ,"the first paragraph isvoided and replaced bvthe following: 2.8.2. F|sgQens.Designate inwriting,aNeQQerinstructor who m@|serve oaaflagging oopomisur$ndi*mnpnnsib}a for training and assuring that all flaggers are qualified to perform flagging duties.Certify to the Engineer that all flaggers vAII be trained and make available upon request a list of flaggers trained to perform flagging duties. Section 2.G.5.'Tno|niug."iovoided and replaced bvthe following: 2.8� Training.Train workers involved with the traffic control using Depatraining as shown onthe ~TsaffiuControl Training'Material Producer List. Coordinate enrollment,pay associated fees,and successfully complete Deporilnant-uppmwodtraining mr Contractor-developed training.Training is valid for the period prescribed by the provider.Except for law enforcement personnel training,refresher training itrequired every 4yr.from the date of completion unless otherwise specified bvthe course provider.The Engineer may require training atafrequency instead(fthe period prescribed based on the Department's needs.Training and associated fees will not be measured or paid for directly but are considered subsidiary bopertinent Items. Certify to the Engineer that workers involved in traffic control and other work zone personnel have been trained and make available upon request a copy of the certification of complefion to the Engineer.Ensure the following imincluded inthe certification ofcompletion: • name ufprovider and course title, • name ofparticipant, • date ofcompletion,and • date ofexpiration. 1 '3 11'2O Statewide OV?-01i Where training or a Department-approved training course does not produce a certification,maintain a log of attendees.Make the log available upon request.Ensure the log is legible and includes the following: • printed name and signature of participant, • name and title nftrainer,and • date oftraining. 2.8.5.1. CumtmctmpdovalmpooTra|nmg Develop and deliver Contractor-developed training meeting the minimum requirements established by the Department.The outline for this training must be submitted to the Engineer for approval at the preconstruction meeting.The CRP or designated alternate may deliver the training instead of the Department-approved training.The work performed and materials fumished to develop and deliver the training will not be measured or paid for directly but will be considered subsidiary to pertinent |hama. 2.8.5.1.1. FlaooerTraining Minimum Requirements.AContractor's certified flagging instructor impermitted totrain odhmrff aggeny. 2.0.5.1.2. Opfimna1Contractor-developed Training for Other Work Zone Personnel,For other work zone personnel, the Contractor may provideba(n|ngmnet1ngdheouniculumohmwnbe|mm|nuteado[Owpadmant-appmved training. Minimum curriculum for Contractor-provided training ieoefollows: Contractor-developed training must provide information on the use of personnel protection equipment, occupational hazards and health risks,and other pertinent topics related to traffic management.The type and amount oftraining will depend nnthe job duties and responsibilities.Develop training applicable bothe work being performed.Develop training bminclude the following topics, • The Life You Save May 8aYour Own(or other similar company safety 008o\. • Purpose$fthe training. • It's the Law. • Tomake work zones safer for workers and motorist. • Tnunderstand what imneeded for traffic control. ° Tosave lives including your own. • Personal and Co-Worker Safety. • High Visibility Safety Apparel.Discuss compliant requirements;inspect regularly for fading and reduced reflective properties;ifnight operations are required,discuss the additional and appropriate required apparel inaddition bmspecial night work risks;ifmoving operations are underway,discuss appropriate safety measures specific to the situation and traffic control plan. ° Blind Areas.A blind area is the area around a vehicle or piece of construction equipment not visible to the operators,either by line of sight or indirectly by mirrors.Discuss the"Circle of Safety" around equipment and vehicles;use of spotters;maintain eye contact with equipment operators; and use oYhand signals. • Runovers and Backovers. Remain alert at all times;keep a safe distance from traffic;avoid turning your back to traffic and if you must then use a spotter;and stay behind protective barriers, whenever possible.Note:|t iVnot safe bmsit onorlean against aconcrete barrier,these barriers can deflect four plus feet when struck bvuvehicle, = Look out for each other,warn mm-wurkenm. • Bmcourteous Wmotorists. • Oonot run across active roadways. • Workers must obey traffic laws and drive courteously while operating vehicles inthe work zones. • Workers must bemade aware ofcompany distracted driving policies. • Night Time Operations.Focus should baplaced onprojects wi0hamigh0moe|oment. 2-3 11-20 Statewide 007-011 ■ Traffic Control Training.Basics of Traffic Control. 9 Identify work zone traffic control supervisor and other appropriate persons to report issues to when they arise. ■ Emphasize that work zone traffic control devices must be in clean and in undamaged condition.If devices have been hit but not damaged,put back in their correct place and report to traffic control supervisor.If devices have been damaged,replace with new one and report to traffic control supervisor.If devices are dirty,faded or have missing or damaged reflective tape clean or replace and report to traffic control supervisor.Show examples of non-acceptable device conditions. Discuss various types of traffic control devices to be used and where spacing requirements can be found. ■ Channelizing Devices and Barricades with Slanted Stripes.Stripes are to slant in the direction you want traffic to stay or move to;demonstrate this with a device, ■ Traffic Queuing.Workers must be made aware of traffic queuing and the dangers created by it. Workers must be instructed to immediately notify the traffic control supervisor and other supervisory personnel if traffic is queuing beyond advance warning sign and devices or construction limits. ■ Signs.Signs must be straight and not leaning.Report problems to the traffic control supervisor or other as designated for immediate repair.Covered signs must be fully covered.If covers are damaged or out of place,report to traffic control supervisor or other as designated. 3-3 11-20 Statewide oas-a�a Special Prevision to Item 8 Taxes Prosecution and Progress0l Trnnspardaanspo l Nan Item 8, "Prosecution and Progress"of the Standard Specification is amended with respect to the clauses cited below. No other clauses or requirements of this Iters are waived or changed. Article 8.2.,"Subcontracting,"is supplemented by the following paragraph,which is added as paragraph six to this article: The Contractor certifies by signing the Contract that the Contractor will not enter into any subcontract with a subcontractor that is not registered in the Department of Homeland Security's(DHS)E•Verify system. Require that all subcontractors working on the project register and require that all subcontractors remain active in the DHS E-Verify system until their work is complete on the project, b2-18 Statewide 008-033 �����^�U Provision � ,—«—__~~. . .~. ~ ..~.~~.. -- ~~~..~ -~ Prosecution and`~^^ ~^^^ Progress Item W."Prosecution and Progress"cf the Standard SpmoifioaUonsimamended with respect tothe clause cited below.Noother clauses orrequirements nVthis Item are waived orchanged. Article 8.7.2.."Wrongful Defau(t."isrevised and replaced bythe following: If it is determined after the Contractor is declared in default,that the Contractor was not in default,the rights and obligations of all parties will bathe same as if termination had been issued for the convenience of the public as provided in Article 8.8 'Termination${C¢otra[d." 1 '1 O1'1S Statewide 009-010 Special Provision to Item 009 Measurement and Payment Aft Item 009"Measurement and Payment"of the Standard Specifications is amended with respect to the clauses cited below.No other clauses or requirements of this Item are waived or changed. Article 9.5.,"PROGRESS PAYMENTS"is supplemented with the following: It is the Department's desire to pay a Contractor for work through the last working day of the month;however,the use of early cut-off dates for monthly estimates and MOH is a project management practice to manage workload at the Area Office level. Approval for using early cut-off dates is at the District's discretion.The earliest cut-off date for estimates is the 25th of the month. Article 9.6.,"PAYMENT FOR MATERIAL ON HAND(MOH)"first paragraph is amended as follows: If payment for MOH is desired,request compensation for the invoice cost of acceptable nonperishable materials that have not been used in the work before the request,and that have been delivered to the work location or are in acceptable storage places. Nonperishable materials are those that do not have a shelf life or whose characteristics do not materially change when exposed to the elements.Include only materials that have been sampled,tested,approved,or certified,and are ready for incorporation into the work.Only materials which are completely constructed or fabricated on the Contractor's order for a specific Contract and are so marked and on which an approved test report has been issued are eligible.Payment for MOH may include the following types of items:concrete traffic barrier,precast concrete box culverts,concrete piling,reinforced concrete pipe,and illumination poles.Any repairs required after fabricated materials have been approved for storage will require approval of the Engineer before being made and will be made at the Contractor's expense.Include only those materials and products,when cumulated under an individual item or similar bid items,that have an invoice cost of at least$1,000 in the request for MOH payment(e.g.For MOH eligibility,various sizes of conductor are considered similar bid items and may be cumulated to meet the threshold;for small roadside signs,the sign supports,mounting bolts,and the sign face is considered one bid item or similar bid items for more than one pay item for sign supports.)Requests for MOH are to be submitted at least two days before but not later than the estimate cutoff date unless otherwise agreed.If there is a need to request MOH after the established cut-off date,the district can make accommodation as the need arises.This needed accommodation is to be the exception,though,and not the rule. 04-21 Statewide 009.011 Special Provision to Item 9 Measurement and Payment Item 9, "Measurement and Payment"of the Standard Specifications is amended with respect to the clauses cited below.No other clauses or requirements of this Item are waived or changed. Section 9.7.1.4.3.,"Standby Equipment Costs,"is voided and replaced by the following: 7.1.4.3. Standby Equipment Costs.Payment for standby equipment will be made in accordance with Section 9.7.1.4.,'Equipment,"except that the 15%markup will not be allowed and that: Section 7.1.4.3.1.,"Contractor-Owned Equipment,"is voided and replaced by the following: 7.1.4.3.1. Contractor-Owned Equipment.For Contractor-owned equipment: ■ Standby will be paid at 50%of the monthly Equipment Watch rate after the regional and age adjustment factors have been applied.Operating costs will not be allowed.Calculate the standby rate as follows. Standby rate=(FHWA hourly rate-operating costs)x 50% A If an hourly rate is needed,divide the monthly Equipment Watch rate by 176. • No more than 8 hr.of standby will be paid during a 24-hr.day period,nor more than 40 hr.per week. • Standby costs will not be allowed during periods when the equipment would have otherwise been idle. 04-21 Statewide 132-0Q2 �������^%0U ��K���'~��^K��� �^� U���� �^�^� ~~o~~~~.~~. Provision,~~.,~.,~.. ~� ~�~... .~~� Embankment u�oxnm�*mnmnvoxU��nn« Item 132,"Embankment"of the Standard Specifications is amended with respect to the clauses cited below.No other clauses or requirements o[this Item are waived orchanged. Article 132.3.4.,"Compaction Methods."The last sentence is replaced by the following, Compact embankments inaccordance with Section 132.3/4.1,'Ordinary CompanUnn.~mrSection 132.3.4.l. "Density Control,p as shown on the plans.The Contractor may use Section 132.3,4.3.,"Density Control by Compute r-8enwmted(CG)Oume,"omanoption for density control. Article 13%.3.4.."Compaction Methu6s,"|ssupplemented bvthe following. 3.4.3. Density Control by Computer-Generated(CG)Curve.At the Contractor's discretion,CG curves may be used ford enaib/control. Compact each layer to the required density using equipment complying with Item 210,"Rolling."Determine the maximum lift thickness based on the ability of the compacting operation and equipment to meet the required density.Do not exceed layer thickness of 12 in.loose or 10 in. compacted material,unless otherwise approved.Maintain a level layer with consistent thickness to ensure uniform compaction. When using this method for each source and type V[material,Orwhen directed,sample and conduct testing according to the input parameters specified in Table 3 and provide CG field moisture-density curves based on each soil-compactor-lift thickness combination and CG Tex-1 I 4-E moisture-density curves based on each lift of soil.The CGfioYddry density(OeJmust bo greaterthan orequal bmthe CGTe»'114'Emaximum dry density(Dm).The Engineer may obtain independent soil samples for supplemental Tex-1 14-E lab tests to check a supplemental maximum dry density(Da)and optimum moisture content(Woo)for reference when new CG curves are submitted. Provide access to the computer program used to generate the curve,when directed. Table Co puter-Generated Lab and Field Compaction Curve Input Cri ria Input Variables Test Method Liquid Limit,% Tex-104-E Plasticity Index(PI),% Tex-1 06-E Soil gradation Tex-1 10-E Soil classification Tex-1 12-E Compaction roller brand, NIA _t�pe,and model Loose lift thickness,in. NIA Use 2.65 for soil type SC. Soil specific gravity Use 2.68 for soil type CL. Provide a compaction control report showing all input and output parameters and CG compaction curves, including: • (G Tex-IU-E laboratory maximum dry density(DQ, • C8Tox-114-Elaboratory optimum moisture content(Novwo)' um CG field maximum dry density(Dfcc). 1 '2 U8-18 Statewide 132-002 • CGfield optimum moisture content 0Wfopiqi\. • graph ofCG laboratory and field compaction curves and the'Zero Air Voids Unn.^and • minimum number of roller passes to achieve the required density and moisture content. Meet the requirements for field maximum dry density(Dmy)and fio|dopUmommoisture content 0Afopm«\ specified in Table 4, unless otherwise shown on the plans.Use only the specific roller and soil properties utilized inlift construction awinput parameters hogenerate the CG field curve used bomeet moisture-density requirements in construction. Table Computer-Generated Lab and Field Compaction Curve Input Criteria Description Density I Moisture Content Tex-1 15-E Each layer is subject to testing by the Engineer for density and moisture Content. During compaction,the moisture content cfthe soil should beabove CGoptimum moisture content but should not exceed the value shown on the moisture-density curve,above optimum,required to achieve 98%dry density. When the CG field maximum dry density(Dfog)is not achieved,perform the following steps in order, m Verify that construction controls including lift soil properties,minimum number and uniformity cf compactor passes,lift thickness, and moisture content are correct. n If needed,rework the lift with the corrected controls using the original CG curve. 0 Generate a new CG field compaction curve based on actual in-place soil properties and rework the lift. n Generate a non-CG Tex-1 14-E moisture-density reference standard and rework the material using this reference standard. When required,remove small areas of the layer to allow for density tests.Replace the removed material and nemmmpao(otnmadditional expense k>thoDapartnenLPmof-mUinacuondannevith|bsm218.~Pmof Ro||ing."when shown onthe plans nromdirected.Gomam1soft spots mndirected. Article 132.D.5.,"Maintenance ofMoisture and Rmmvork1ng-"The first sentence|sreplaced bvthe following. Maintain the density and moisture content once all requirements in Table 2 or 4 are met. 2'2 88-1G Statewide 2.47-003 Special Provision to Item 247 Flexible ase ��, l'�t of 7innsportatlon Item 247,"Flexible Base"of the Standard Specifications, is hereby amended with respect to the clauses cited below,and no other clauses or requirements of this Item are waived or changed hereby. Section 2.4.,"Certification." This section is added. Personnel certified by the Department-approved soils and base certification program must conduct all sampling,field testing, and laboratory testing required by the following: ® Section 2.1,"Aggregate,' • Section 2.1.3.2, "Recycled Material(Including Crushed Concrete)Requirements," • Section 4.3,"Compaction,"for measuring flexible base depth,and • Section 4.3.2, "Density Control,"for determining the roadway density and moisture content, Supply the Engineer with a list of certified personnel and copies of their current certificates before laboratory and field testing is performed and when personnel changes are made.At any time during the project,the Engineer may perform production tests as deemed necessary in accordance with Item 5,"Control of the Work." Section 2.5.,"Reporting and Responsibilities."This section is added. Use Department-provided templates to record and calculate all test data. Obtain the current version of the templates at http:l/www.txdot.gov/inside-txdotlfarms-pub[icationslconsultants-contractorstformskite-manager.htm]or from the Engineer.The Engineer and the Contractor will provide any available test results to the other party when requested. Record and electronically submit all test results and pertinent information on Department-provided templates. Section 2.6.,"Sampling."This section is added. The Engineer will sample flexible base from stockpiles located at the production site or at the project location in accordance with Tex-400-A,Section 5.3.The Engineer will label the sample containers as"Engineer,""Contractor"or"Supplier,"and"CSTIM&P." Witness the sampling and take immediate possession of the sample containers labeled"Contractor"or"Supplier."The Engineer will maintain custody of the samples labeled "CSTIM&P"until testing and reporting is completed. Section 2.7., "Referee Testing."This section is added. CSTfM&P is the referee laboratory.The Contractor may request referee testing when the Engineer's test results fail to meet any of the material requirements listed in Table 1.Make the request via email within 5 working days after receiving test results from the Engineer.Submit test reports signed and sealed by a licensed professional engineer from a commercial laboratory listed on the Department's Material Producer List(MPI )of uaboratories approved to perform compaction and triaxial compression testing located at http://ftp,dot.state.tx.us/publtxdot-infolcmd/mpllcomplabs,pdf, Summit completed test reports electronically on Department-provided templates in their original format.The referee laboratory will report test results to the Engineer within the allowable number of working days listed in Table 2 from the time the referee laboratory receives the samples. It is at the discretion of the Engineer or the referee laboratory to deny a referee request upon review of the test reports provided by the Contractor. 1 05-18 Statewide 247'D03 Table 2 Number Material Property Test Method Working Days Liquid Urnit(MUlti-POint Method) Tex-104-E,Part 1 5 Plasticity Index Tex-106-E 5 Wet Ball Mill Value Tex-1 16-E, 5 Wet Ball MiI4%Increase passing 440 sieve Parts I and 11 Compressive Strength' Tex-1 17-E 12 1. Moisture-Density curve provided by the District 2. Moisture-Density curve determined by[lie referee laboratory Section 4.6., "Ride Quality."This section is voided and replaced by the following, Measurement surface, unless otherwise shown onthe plans.Measure the ride quality ofthe base course either before nrafter the application of the prime coat,as directed,and before placernent of the surface treatment, Use a certified profiler operator from the Department's MPL.When requested,furnish the Engineer documentation for the person certified to operate the profiler. Provide all profile data to the Engineer in electronic data files within 3 days of measuring the ride quality using the format specified in Tex-1001-S.The Engineerwill use Department software to evaluate longitudinal profiles to determine areas requiring corrective action.Correct(11-mi.sections.for each wheel path having an average international roughness index(IRI)value greater than 100 in.per mile to an IN value of 100 in.per mile or less,unless otherwise shown on the plans. Re-profile and correct sections that fail to maintain ride quality,as directed. Correct re-profiled sections until specification mquimmentsommed.asapomved. Podbnnthismmrkatnomdditi0na|exponunhothmDepadmenL 2 OG'i8 Statewide 464-001 ~~v~'~-~._.. Provision to .~e~~. 464 %��~���.���^� �� ��^ ���UUU&�n��� '�������� Pipe Item 464,"Reinforced Concrete Pipo"of the Standard Specifications,is hereby amendewith respect to the clauses cited below,and mnother clauses or requirements of this Item are waived or changed hereby. Section 2.1.,"Fabrication."The section is voided and replaced with the following. Fabrication plants must baapproved bythe Materials and Tests Division inaccordance with DMS-7305."Fabrication and Qualification Procedure for Multi-Project Fabrication Plants ofPrecast Concrete Drainage Structures,'before furnishing precast reinforced concrete pipe for Departmental projects.Th8OepadmenfsMPLhama|[otofappnovedminihooedoontneha pipe plants. Fumish material and fabricate reinforced concrete pipe in accordance Vith DMS-7305,OFabrication and Qualification Procedure for Multi-Project FabhnahonP|antvnfPnaoomtConcreteDrainage Structures." SecOon 23.,"Marking."The first paragraph is voided and repiaced with the following. Furnish each section of reinforced concrete pipe marked with the following information specified in DMS-7305,'Fabrication and {>umUhcadun Pmowduno for Multi-Project Fabrication Plants cfPrecast Concrete Dn*iDaQo Structures." " Class orD-Lnadofpipe, • ASTM designation, • Date ofmanufacture, ° Pipe size, • Name urtrademark cf fabricator and plant location. • Designation 7X"fbrpnuooudunityhmbhmaVndpmrDN1S�3O5; • Designatedhabricdor'aappmmmim[mmphnreechmppmvedun|t • Pipe hmbnused for jacking and boring(when app/i¢ab1a).and • Designation"SR"for pipe meefing sulfate-resistant concrete plan requirements(when applicable). Section 2.5.,"Causes for Reject1nn."The section ievoided and replaced with the following. Individual sections ofpipe may be rejectedforunvu[theconditionambatodintheAnnexofDM8'7305."FabriooUonond Qualification Procedure for Multi-Project FobhcoUnnP|antaofPmcaat Concrete Drainage 8tmnbmo." Section 2.6.,"Repairs."The moobon is voided and replaced with the following: Make napa|rm.J neunsnary,as stated in the Annex ofDMS' 305'"Fabrication and Qualification Procedure for Multi-Project Fabrication Plants ofPrecast Concrete Drainage SKmoturea" 1 08-1Q Statewide 502-008 Special Provision to Item 502 Barricades, Signs and Traffic Handling Item 502,"Barricades,Signs and Traffic Handling'of the Standard Specifications,is hereby amended with respect to the clauses cited below,and no other clauses or requirements of this Item are waived or changed hereby. Article 502.1.,"Description,"is supplemented by the following: Temporary work-zone(TWZ)traffic control devices manufactured after December 31,2019,must have been successfully tested to the crashworthiness requirements of the 2016 edition of the Manual for Assessing Safety Hardware(MASH).Such devices manufactured on or before this date and successfully tested to NCHRP Report 350 or the 2009 edition of MASH may continue to be used throughout their normal service lives.An exception to the manufacture date applies when,based on the project's date of letting,a category of MASH-2016 compliant TWZ traffic control devices are not approved,or are not self-certified after the December 31,2019,date.In such case,devices that meet NCHRP-350 or MASH-2009 may be used regardless of the manufacture date. Such TWZ traffic control devices include:portable sign supports,barricades,portable traffic barriers designated exclusively for use in temporary work zones,crash cushions designated exclusively for use in temporary work zones,longitudinal channelizers, truck and trailer mounted attenuators.Category I Devices(i.e.,lightweight devices)such as cones,tubular markers and drums without lights or signs attached however,may be self-certified by the vendor or provider,with documentation provided to Department or as are shown on Departments Compliant Work Zone Traffic Control Device List. Article 502.4.,"Payment,"is supplemented by the following: Truck mounted attenuators and trailer attenuators Will be paid for under Special Specification,'Truck Mounted Attenuator JIVIA) and Trailer Attenuator(TA).'Portable Changeable Message Signs will be paid for under Special Specification,"Portable Changeable Message Sign."Portable Traffic Signals will be paid for under Special Specification,"Portable Traffic Signals." 07-20 Statewide 506-005 Special K~v~s^on to Item 506 Tempo������N� ����°�� ���^�������� ��� Environmental rary Erosion, ~°°~~°"^^^~~^^~~="°^~^^v ~~..~= ~~""°�~ ~~..~~~..w�v u��mo�uwnv�n�, Controls Item 506, Erosion,Sedimentation,and Environmental Controls,"ofthe Standard Specifications is amended with respect to the clauses cited below.No other clauses mrequirements of this Item are waived or changed. Article S0Gj~"Description."The swnnndparagraph iovoided and replaced bvthe following. Contractor is considered primary operator to have day-to-day operational control as defined in TPIDES GP TXR150000. 1A. For projects withsoi|disturboncenf|ommibmn1 acre,nusubmittal k)TOBJwill berequired but Contractor will follow SVVP8. For projects with soil disturbance of 1 acre to less than 5 acres a small site notice will be posted at the site.For projectsmhth soil disturbance of acres or more u Notice of Intent(NO|)is required and a}oq]a site notice posted at site.PmoUnQo will be inaccordance with TPDEGGPT%R15O0DO.Postings not associated with project apmjfiolocationuw@|bminwmme|ucation asOmpartmenyopostings. 1.2. Notice ofIntent/NO|\.Submit a NOI,if applicable,with the TCEQ under the TPDES GP TXR150000 at least 7 days prior to commencement of construction activities at the project site.Provide e signed copy to the Engineer and any other M84 operators at the time of submittal.The Department will submit their NOI prior to contractor submission and will provide a copy for Contractor's use(ncompleting the Contractors N0form. 1.3. Notice ufChange/NQC\. Upon concurrence ofthe Engineer,submit oNOC.if applicable,hothe TCEQwithin 14days of discovery of a change or revision to the NOI as required by the TPDES GP TXR1 50000,Provide a signed copy of the NOC bthe Engineer and any other K484operators etthe time of subnn|8oi 1.4. Notice mfTermination/NOTL Upon concurrence wfthe Engineer,submit eNOT,if applicable,tothe TCEOwithin 3Odays of the Engineer's approval that 70%native background vegetative cover is met orequivalent permanent stabilization have been employed inaccordance with the TPDEQGPTXR150O8O. Provide osigned copy cfthe NOT bmthe Engineer and any other kdS4operators mtthe time oysubmittal. Section 506.3.1,"Contractor Responsible Person Environmental(CRPE)Qualifications and Responsibilities,"is supplemented bvthe following: 3.1. Contractor Responsible Person Environmental(CRPE)Qualifications and Responsibilities.Provide and designate in writing at the preoonstmctiun onnfenanom m CRPE and o|bamatm 0RPEvvho have overall responsibility for the storm water management program.The CRIPE will implement stormwater and erosion control practices;will oversee and observe atorm*mbercontrol measure monitoring andmanagement;will monitor the project site daily and produce daily monitoring reports as long as there are BIVIPs in place or soil disturbing activities are evident to ensure compliance with the SWP3 and TPDES General Permit TXR150000.Daily monitor reports shall be maintained and made available upon request. During UmeouopwnmionnwhonwmrkiunntoccurhnQoronoon1radnon-wmrkdoym.doihinapectiomoomnotrequiredun|emmarmin event has occurred.The CRPE mfill provide recommendations on how to improve the effectiveness of control measures. Attend the Dopedmonfe pr000netmc(|onconference for the project.Ensure training is completed as identified in Section 506.3.3,~TmininQ^^byall applicable personnel before employees work onthe project. DopumentundmoiNoinondmohe available upon request,alist,signed bvthe CRPE.ofall applicable Contractor and subcontractor employees who have completed the training.Include the employee's name,the training course name,and date the employee completed the training. Section 50G2i3,'Trmnin0"issupplemented bvthe following: 1-% O8-2D Statewide 506-005 Training isprovided bythe Department atnncost tothe Contractor and imvalid for 3yr.from the date of completion.The Engineer may require the following training atmfrequency less than 3yr.based on environmental needs: • "EnvimnmenhdMonmgementSvetem:Avamn$smTrainingfox1heCnntrm±or"(EnQUmhandSpan|mh)0mpmximmhm running time%Qmin.\`and • "Storm Water:Environmental Requirements During Construction"(English and Spanish)(Approximate running time 20 min.). The Contractor responsible person environmental CRPE).alternate CRPEdesignated for emergencies,Contractors superintendent,Contractor,and subcontractor lead personnel involved in soil disturbing or SWP3 activities must enroll in and complete the training listed below and maintain and make available upon request the certificate of completion.Training is provided by a third party and is valid for 3 yr.from the date shown on the Certificate of Completion.Coordinate enrollment em prescribed bvthe Department and pay associated fees for the following training: • "RwvngetmVonDuring Cunokuction." • 'Construction General Permit Comp|imnoe.^and • "Construction Stage Gate Checklist(CSGC)." Training and associated fee will not be measured or paid for direcUy but are subsidiary to this Item. 2'2 D0-20 Statewide 666-007 �����"�U Provision K���� ��� ~~»~.~.~.~~. . . ~....~.`~.. �� .�~... ~.~.' . .,~.~,~. ~...~~~.~.~ze~. Pavement~~....~..t ...~~...~..g~' Item is amended with respect to the clauses cited below.No other clauses or requirements of this Item are waived or changed. Section 2.3.,"Glass Traffic Beads."The first paragraph isvoided and replaced by the follov4ng: Furnish drop-on glass beads in accordance with DMS-8290,"Glass Traffic Beads,"or as approved,Furnish a double-drop of Type 11 and Type Ill drop-on glass beads for longitudinal pavement markings where each type bead is applied separately in equal portions(by weight),unless otherwise approved.Apply the Type Ill beads before applyingLheTypoUboadw,PumiwhTvpeU beads for work zone pavement markings and transverse markings nrsymbols. Section 4.8.1`"Type]h8arb|ngm,"1usupplemented bvthe following: 4.3.1.3.Spot Striping.Perform spot striping on a callout basis with a minimum callout quantity as shown on the plans. Section 4.3.2.."Type DMankin0m.,"|asupplemented bvthe following: 4.3.2.1.Spot Striping.Perform spot striping on asllout basis with a minimum caUoutquantity as shown on the plans. Section 4.4.,"Retroreflectivity Requirements.,"is voided and replaced by the following, Type 1markings for Contracts totaling more than 2O.QUOft.ofpavement markings must meet the following minimum retrorefiectivity values for all longitudinal edgeline,centedine at no passing barrier-line,and lane line markings when measured any time after 8days,but not later than iUdays after application. • White markings:25OmiUiomndn|asper square meter per lux/mcdhn9lx\ • Yellow markings: 175 modhM9|x Retroreflectivity requirements for Type I markings are not required for Contracts With less than 20,000 ft.of pavement markings orContracts with uaVoutwork,unless otherwise shown onthe plans. Section 4.5.,"Retrorefl activity Measurements.,"is voided and replaced by the following: Use a mobile retroreflectometer to measure retroreflectivity for Contracts totaling more than 50,000 ft.of pavement markings, unless otherwise shown on the plans.For Contracts with less than 50,000 ft.of pavement markings,mobile or portable natmreflectometemmay beused;dthe Contractors discretion.Coordinate with and obtain authorization from the Engineer before starting any rehnmOaobvihydata collection. Section 4.5.1.,"Mobile Retroreflectometer Measurements."The last paragraph is voided and replaced by the following. Resthpeagain mt theCunLnndu/sexpunsewd8hmminimumofO.OGO|D./0UonUm\ofTvpo|mark|ngmabuha|ifUhuoveraQouY these measurements falls below the minimum retrarefiectivity requirements.Take measurements every 0.1 miles a minimum of 10 days after this third application within that mile segment for that series of markings. If the markings do not meet minimum retroreflect\vih/after this third application,the Engineer may require removal of all existing markings,a new application as initially specified,and a repeat of the application process until minimum retroreflectivity requirements are met. i'2 D2-18 Statewide 866-007 Section 4.5.2.,"Portable Retmreflectomwter Measurements."The first and second paragraphs are voided and replaced by the following. Provide portable measurement averages for every 1.0 mile unless otherMse specified or approved.Take a minimum of 20 measurements for each 1-mi.section of roadway for each series of markings(e.g.,edgeline,center skip line,each line of a double line)and direction of traffic flow when using a portable reflectometer.Measure each line in both directions for centerlines ontwo-way roadways(i.e.,measure both double solid lines in both directions and measure all center skip lines in both directions).The spacing between each measurement must be at least 100 ft.The Engineer may decrease the mileage frequency for measurements if the previous measurements provide satisfactory results.The Engineer may require the original number of measurements ifconcerns arise. Restripe at the Contractor's expense with a minimum of 0.060 in.(60 mils)of Type I marking material if the averages of these measurements fail.Take a minimum of 10 more measurements after 110 days of this second application within that mile segment for that series ofmarkings.R*sthpeagain atthe Contractor's expense with aminimum ofO'O0Oin.(W8mils)ofType|marking material ifthe average¢fthese measurements falls below the minimum mtmmOeohvih/requirements.|fthe markings donot meet minimum retroreflectivity after this third application,the Engineer may require removal of all existing markings,a new application as initially specified,and a repeat of the application process until minimum retroreflectivity requirements are met, Section 4.8."Performance PmMod."The first sentence|ovoided and replaced bvthe following: All longitudinal maNngs must meet the minimum retroreflectivity requirements within the time frame specified,All markings must meet all other performance requirements of this specification for at least 30 calendar days after installation. Article 6."PoymnnL"The ffrottwo paragraphs are voided and replaced bythe following. The work performed and materials fumished in accordance with this Item and measured as provided under"Measuremenf will be paid for at the unit price bid for'Pavement Sealer"of the size specified;'Retroreftectorized Pavement Markings"nfthe type and color wpndfiedand the shape,width,size,and thickness(Type|markings only)specifiod.enapplicable;'RnhnnoO*oWhzed Pavement Markings with Retroreflective Requirements"of the types,colors,sizes,widths,and thicknesses specified; "Retrcreflectodzed Profile Pavement Markinge of the various types,colors,shapes,sizes,and widths specified;or uReflectorized Pavement Marking(Call Out)"of the shape,width,size,and thickness(Type I markings only)specified,as applicable;or "Pavement Sealer(Call OuU^ofthe size specified. This price is full compensation for materials,application of pavement markings,equipment,labor,tools,and incidentals. 2'2 O2-18 Statewide 680-006 A Special Provision to Item 680 Highway Traffic Signals oa-=- Item 680,"Highway Traffic Signals"of the Standard Specifications is amended With respect to the clauses cited below.No other clauses or requirements of this Item are waived or changed. Article 680.3.1.1.2,"Conduit,"The fourth sentence of the first paragraph is voided and replaced by the following. Seal the ends of each conduit with approved sealant,after all cables and conductors are installed. 04-18 Statewide 02000 PLANS, DETAILS AND NOTES If applicable, insert reference(s) to project plans; details; and notes Construction drawings for AW Grimes Blvd are included in a separate document and hereby incorporated into the contract document.