12-Harris Health System General Conditions Supplemental Conditions.pdf

ATTACHMENT A

SUPPLEMENTAL CONDITIONS

Page 1 of Date: 12/29/2025Harris Health System Project Name: BT Grease line and Trap Replacement

1.1

1.2

1.3

1.4

SUMMARY

Section includes special requirements regarding Liquidated Damages, and Inclement Weather Impacts.

LIQUIDATED DAMAGES

Time is of the essence of this Contract. If the Contractor fails to acceptably complete its undertaking to the Owner within the time specified, the Owner will be damaged. The exact amount of damage is and will be difficult to ascertain exactly. Such damages shall be at the rate, or the amount hereinafter fixed. The Contractor specially binds and obligates himself to pay such damages to the Owner on demand, or at its option, the Owner may withhold the amount thereof from any sums due the Contractor under this Contract.

Work shall begin on the date fixed in the Notice to Proceed and be substantially complete within 180 calendar days after the Notice to Proceed Date. The Owner will suffer the financial loss if Work is not completed within the time specified herein, plus any extension thereof allowed in accordance with paragraph 5.27 of the General Conditions.

The Owner and the Contractor recognize the delays, expense, and difficulties involved in proving, in a legal or arbitration proceeding, the actual loss suffered by the Owner if the work is not complete on time. Accordingly, instead of requiring any such proof, the Owner and the Contractor agree that as liquidated damages for delay (but not as a penalty) the Contractor shall pay the Owner Five ($ 00) for each day that expires after the time specified herein for completion until the Work is complete. In case full payment for the Work shall have been made, the Owner shall have the right to recover from the Contractor and the Contractor's surety the amount of such liquidated damages as determined under this Contract.

INCLEMENT WEATHE IMPACT

Contract Time includes 21 calendar days to accommodate inclement weather. If the number of inclement weather days exceeds 110% of the above-mentioned number of calendar days to accommodate inclement weather, the Contractor may make a written request to the Owner for, and receive, an extension of the Contract Time, for such number of days that the inclement weather days exceeds 100% of the above-mentioned number of calendar days to accommodate inclement weather. After receipt of such request, the Owner shall make a determination as to which days, if any, during the Contract Time are inclement weather days, and the Owner’s decision shall be final. The Contractor shall be entitled to an extension of the Contract Time equal to such excess as determined by the Owner. The term "inclement weather day", as used herein, means a day in which weather or wet soil does not permit the performance of the work for a continuous period of not less than seven hours between the hours of 7a.m. and 7 p.m.

WAIVER OF CLAIMS FOR CONSEQUENTIAL DAMAGES

The Contractor and Harris Health System waive Claims against each other for consequential, indirect, special, punitive or exemplary damages arising out of or relating this Project. This mutual waiver includes:

ATTACHMENT A

SUPPLEMENTAL CONDITIONS

Page 2 of Date12/292025 damages incurred by the Harris Health System for rental expenses, for losses of use, income.

profit, financing, business and reputation, and for loss of management or employee productivity or of the services of such person; and damages incurred by contractor for principal office expense including the compensation of personnel stationed there, for loses of financing, business and reputation, and for loss of project except anticipated profit arising directly from the work.

However, if Harris Health System has elected Liquidated Damages above, then the Contractor may not assert in any suit arising from this Agreement that the liquidated damages are not enforceable;

otherwise, mutual the waiver in this Section is not binding upon Harris Health System.

Harris Health System Harris Health System Project Name: BT Grease line and Trap Replacement

Project Cashflow

The Contractor shall submit a detailed cash flow schedule for the entire duration of the project schedule and schedule of value. The cash flow schedule shall align with the approved project timeline and reflect anticipated payment milestones.

The Contractor shall update the cash flow schedule on a monthly basis and submit the revised version together with each monthly invoice. These updates shall reflect actual progress and any adjustments to the work schedule or payment expectations. Failure to submit or update the cash flow schedule as required may result in delays in payment processing or other contractual remedies.

Construction Schedule Float Requirement

The Contractor shall prepare and submit a Master Project Schedule that includes a minimum of 15% total float based on the overall Construction Phase duration (Notice to Proceed through Substantial Completion). This float is a material requirement of the Contract and is intended to accommodate unforeseen delays and ensure timely completion of the Work.

The float shall be reasonably distributed throughout the schedule and shall not be allocated exclusively to the end of the project. All paths in the schedule must lead to a milestone activity for Substantial Completion, which shall be logic-driven and indicate completion within approximately 85% of the time allowed by Contract for the Owner-established Substantial Completion Date.

The Contractor shall clearly identify the float in all schedule submissions and maintain it throughout the Project unless otherwise approved in writing by the Owner. Failure to comply with this requirement shall constitute grounds for rejection of the schedule submission and may result in withholding of progress payments until compliance is achieved.

GENERAL CONDITIONS

FOR BUILDING CONSTRUCTION AND RELATED WORK

Facilities Project Management Office (PMO)

July 2021

HARRIS HEALTH SYSTEM

GENERAL CONDITIONS

(FOR BUILDING CONSTRUCTION AND RELATED WORK)

TABLE OF CONTENTS

SECTION 1. DEFINITION OF TERMS

1.1 Architect/Engineer

1.2 Bid

1.3 Bid Bond

1.4 Bidder

1.5 Board of Trustees

1.6 Bonds

1.7 Change Order

1.8 Construction Change Directive or “CCD”

1.9 Contract

1.10 Contract Documents

1.11 Contract Time

1.12 Contractor

1.13 District

1.14 Drawings

1.15 Notice to Proceed

1.16 Owner’s Designated Representative

1.17 Payment Bond

1.18 Performance Bond

1.19 Product Data

1.20 Project Management Information System (PMIS)

1.21 Project Manual

1.22 Punch List

1.23 Purchasing Agent

1.24 Sample

1.25 Shop Drawings

1.26 Specifications

1.27 Subcontractor

1.28 Superintendent

1.29 Surety

1.30 Work

SECTION 2. BIDDING AND AWARD

2.1 Intent of Drawings and Specifications

2.2 Interpretation of Drawings and Specifications

2.3 Reference Specifications

2.4 Special Provisions

2.5 Examination of Drawings, Specifications, Special Provisions and Site of Work

2.6 Bid

2.7 Addenda

2.8 Form of Bid and Signature

2.9 Bid Security

2.10 Tax Exemptions

2.11 Award of Contract

2.12 Competency of Bidders

2.13 Responsible Bidder

2.14 Disqualification for Collusion

2.15 Material Guarantee

2.16 Return of Bid

2.17 Bonds

2.18 Acceptance of Bid and Bonds

2.19 Purchase Order and Notice to Proceed

SECTION 3. INSURANCE

3.1 Indemnification

3.2 Insurance

SECTION 4. REGULATORY REQUIREMENTS

4.1 Laws to be Observed

4.2 Relations with Owner’s Officials and Employees

4.3 Permits and Licenses

4.4 Barricades, Warning Lights and Signs, On Projects Involving Public Roads

4.5 Sanitary Provisions

4.6 Safety and Health Standards

4.7 Environmental Protection

4.8 Use of Explosives

4.9 Project Signs

4.10 Rest Room and Field Office

4.11 Parking

4.12 Storage

4.13 Hours Of Work

4.14 Badging

4.15 Character of Workers

SECTION 5. EXECUTION OF THE WORK

5.1 Execution of Work

5.2 Construction Schedule

5.3 Time of Completion

5.4 Abandonment of Work or Default of Contractor

5.5 Termination for Convenience of the Owner

5.6 Change Orders

5.7 Subcontracting

5.8 Character of Workmen and Equipment

5.9 Protection Against Claims of Subcontractors, Laborers, Materialmen and

Furnishers of Machinery, Equipment and Supplies

5.10 Authority of Architect/Engineer

5.11 Cooperation of Contractor

5.12 Contractor's Drawings

5.13 Submittals

5.14 Daily Reports

5.15 Record Drawings

5.16 Materials and Workmanship

5.17 Patented Devices, Materials and Processes

5.18 Inspection

5.19 Material Testing

5.20 Contractor's Responsibility for Work

5.21 Preservation and Restoration of Property

5.22 Emergencies

5.23 Utility Obstruction

5.24 Guarantee

5.25 Substantial Completion

5.26 Partial Utilization

5.27 Project Delays

SECTION 6. PAYMENT

6.1 Schedule of Values

6.2 Partial Payments

6.3 Wage Rates and Payroll Records

6.4 Adjusting Payment

6.5 Acceptance and Final Payment

6.6 Retainage

6.7 Release of Lien

6.8 Defective Work

6.9 Closeout

ATTACHMENTS

A. Supplemental Conditions

HARRIS HEALTH SYSTEM GENERAL CONDITIONS

(FOR BUILDING CONSTRUCTION AND RELATED WORK)

SECTION 1. DEFINITION OF TERMS

Whenever the following terms are used in these General Conditions, the intent and meaning shall be interpreted as listed below:

1.1 Architect/Engineer (A/E): Architectural or Engineering firm duly licensed in the State of Texas and retained by the Owner to prepare the Plans and Specifications for the work to be prosecuted hereunder and to generally observe and evaluate the quality/quantity and progress of the work, provided that in the event that no such person or firm is retained by the Owner or that the Owner's contract with such person or firm has expired or has been terminated then such other firm as may be designated in writing will be the "A/E".

1.2 Bid: The written offer to the Owner made on the prescribed form by the Bidder to furnish the materials or equipment and/or to perform the Work or services proposed.

1.3 Bid Bond: The Bid Bond, cashier's check, certified check or other deposit designated in the Specifications to be made by the Bidder, which is to accompany the Bid as a guaranty of good faith to enter into a written Contract.

1.4 Bidder: Any individual, firm, joint venture, partnership, corporation or other legal entity submitting a

Bid.

1.5 Board of Trustees: The appointed governing body of the Owner.

1.6 Bonds: Instruments of Security furnished by the Contractor and its surety, as required by the Contract

Documents, including bid, performance, payment and special Bonds.

1.7 Change Order: A document added after the Contract execution to revise, add to, or delete from the work and to adjust the Contract sum or Contract time.

1.8 Construction Change Directive or “CCD”: A construction change directive is a written order signed by the Owner only, directing a change in the work prior to agreement on adjustment, if any, in the Contract Price or Contract Time, or both.

1.9 Contract (also “Purchase Order”): A Document issued by the Owner (or Purchasing Agent), binding the contractor to complete the work, and which sets forth the Contract Sum and all Contract Documents required to be included within the Project and to which said Contractor must adhere, in performing the work.

1.10 Contract Documents: The Contract, related Addenda, Contractor's Bid (including documentation accompanying the Bid and any post-Bid documentation submitted prior to the Notice to Proceed), the Bonds, these General Conditions, Supplementary Conditions, the Specifications and Drawings, and the Purchase Order, together with all amendments, modifications, and supplements.

1.11 Contract Time: The number of calendar days (computed as provided in paragraph 5.3) or the date stated in the Contract for the completion of the work.

1.12 Contractor: The individual, firm, joint venture, partnership, corporation or other legal entity with whom a Contract is entered into with the Owner.

1.13 District: The Harris County Hospital District dba Harris Health System, will also be known as the Owner within this document.

1.14 Drawings: The Drawings are the graphic and pictorial portions of the Contract Documents officially approved by The Owner, wherever located and whenever issued, showing the design, location and dimensions of the work, generally including plans, elevations, sections, details, schedules and diagrams.

1.15 Notice to Proceed or “NTP”: Written notice from Owner authorizing the Contractor to proceed with the performance of the work.

1.16 Owner’s Designated Representative: An individual named in the Notice to proceed who is the representative of the Owner, who shall act on behalf of the Owner in all matters relating to the work.

Owner’s Designated Representative may be represented by assistants, agents, and Observers as authorized in writing to act for Owner’s Designated Representative on questions concerning the execution of work, conflicts of interests between Contractors and subcontractors performing work, and the determination of the budget. The decision of the Owner’s Designated Representative shall be final on all matters not specifically assigned to other parties by this document. Should the Board choose to authorize a different person to act on its behalf, such other person or entity shall have the same rights and responsibilities as are herein reserved for the Owner.

1.17 Payment Bond: A surety Bond in the amount of the Contract, solely for the protection of all claimants supplying labor and material in the prosecution of the work provided for in the Contract.

1.18 Performance Bond: A surety Bond in the amount of the Contract conditioned upon the faithful performance of the work in accordance with the Drawings, Specifications and Contract Documents.

Said Bond is solely for the protection of the Owner.

1.19 Product Data: Manufacturer's standard schematic Drawings, catalog, sheets, brochures, diagrams, schedules, performance charts, illustrations and other descriptive items.

1.20 Project Management Information System (PMIS): The current project management software platform in use by the Owner Program Management Office. The PMIS shall be utilized by the Contractor, Owner and Architect/Engineer for all required Project Documents and communications.

1.21 Project Manual: The documents containing, but not limited to, Bid, Contract forms, all Specifications, special provisions and these General Conditions.

1.22 Punch List: A list of items within a project, prepared by the Owner or Architect/Engineer and confirmed by the Contractor, which remain to be replaced or completed in accordance with the requirements of completion of the work.

1.23 Purchasing Agent: The Purchasing Agent of Harris County Hospital District.

1.24 Sample: A physical example furnished by the Contractor to illustrate materials, equipment, or workmanship; to establish standards by which the work will be judged.

1.25 Shop Drawings: Original Drawings prepared by the Contractor, supplier or distributor which illustrate some portion of the work and which shows fabrication, layout, setting, or erection details.

1.26 Specifications: Those portions of the Contract Documents consisting of written technical descriptions of materials, equipment, construction systems, standards and workmanship as applied to the work and certain administrative details applicable thereto.

1.27 Subcontractor: An individual, firm, joint venture, partnership, corporation or other legal entity having a contract with the Contractor or with any Subcontractor for performing a part of the work.

1.28 Superintendent: A representative, together with any necessary assistants, hired by the Contractor who shall be in attendance at the Work Site at all times during the progress of the work.

1.29 Surety: The legal entity, which executes the Performance Bond, Payment Bond or Bid Bond, or guarantees the performance of the Bidder or Contractor.

1.30 Work: The entire completed construction or the various separately identifiable parts thereof required to be finished under the Contract Documents. Work is the result of performing services, furnishing labor, and furnishing and incorporating materials and equipment into the construction, all as required by the Contract Documents.

SECTION 2. BIDDING AND AWARD

2.1 Intent of Drawings and Specifications: The intent of Drawings and Specifications is to prescribe definite Work or services to be undertaken, or materials, supplies, or equipment to be furnished by the Bidder if awarded the Contract. The Contract is to be carried out under the observation of the Architect/Engineer and the Owner unless otherwise indicated.

The Contractor shall furnish, unless otherwise provided in the special provisions or in the Contract, all materials, implements, machinery, equipment, tools, supplies, and labor necessary to the prosecution and completion of the Contract.

Where the Contractor is to furnish only material, supplies, or equipment, the intent is to prescribe the qualifications, quantity, and rate of delivery and location of delivery point or points.

2.2 Interpretation of Drawings and Specifications: Drawings and Specifications provide graphic and written descriptions of the character and scope of the work.

Modifications in the form of Addenda or Change Orders become an integral part of the Drawings and Specifications. Drawings and Specifications are considered inseparable documents. The Contractor must rely on both documents and must perform the work according to combined intent. Organization of Drawings and Specifications does not imply any control over the Contractor in dividing the work among Subcontractors or in establishing the extent of the work to be performed by any trade.

The Contractor shall take no advantage of any errors or omissions in the Drawings or Specifications.

In the event of a conflict between the Drawings and the Specifications, the Specifications shall control.

2.2.1 Words which have well known technical or trade meanings have those meanings in relation to materials or work described in the Contract Documents. Where materials or equipment are specified by a trade or brand name, the intention is not to discriminate against an equal product of another manufacturer, but rather to set a definitive standard of quality or performance. The Architect/Engineer and the Owner will be the judge of equivalency. Any substitution of equivalent materials or equipment must be approved in writing by the Architect/Engineer and the Owner. The Architect/Engineer and Owner may require a specifically designated material, equipment or process.

2.2.2 Materials specified by reference to other documents, such as Federal Specifications or other recognized standards, must be provided as described in the latest document in effect on the date Bids are received. Where more than one reference is made for a single material, the material may be furnished according to any one of the referred Specifications, at the Contractor's option.

2.2.3 Unless otherwise specified, all materials shall be the best of their respective kinds and shall be in all cases fully equal to approved samples. All materials furnished shall be new and free from defects and in accordance with the Specifications applying thereto.

2.2.4 Only Drawing dimensions or dimensions calculated from them will be used by the Contractor.

Where the work is affected by finish dimensions, the Contractor will determine and be responsible for those dimensions. On all Drawings, the figured dimensions shall govern in case of a discrepancy between the figured and scaled dimensions.

2.3 Reference Specifications: When Reference is made in the Specifications to the Specifications of other agencies, organizations or departments, such Reference is made for expediency and standardization, and such Specifications referred to are hereby made a part of these Specifications.

2.4 Special Provisions: Should any construction, work or condition which is not covered by standard Specifications be anticipated on any proposed work, special provisions for such work will be attached to, and shall be considered a part of, the Specifications. Should any special provisions conflict with the standard Specifications, the special provisions shall govern.

2.5 Examination of Drawings, Specifications, Special Provisions and Site of Work : When a Bid is submitted, it will be presumed that the Bidder has visited and carefully examined the site of the work and has made a complete study of the Drawings, Specifications, these General Conditions, special provisions and the form of the Contract to be entered into. Information concerning soil boring and water elevations, various surveys taken on the project site, if available, will be furnished upon request.

This information is offered to the Bidder for information purposes only and the Owner will not be responsible for the information contained therein. This provision is not intended to limit any liability which a third party other than an employee or officer of the Owner may have to the Contractor.

2.5.1 In the event the Contract covers materials, supplies or equipment, the Contractor is presumed to fully understand the requirements of the Owner.

2.6 Bid: Blank spaces in the Bid form must be properly filled. The phraseology of the Bid form must not be changed and no additions or deletions shall be made to the items mentioned therein. Unauthorized conditions, limitations or provisions attached to a Bid will render it void. Explanations which are not intended as limitations or changes in the Bid may be attached to the Bid over the signature of the Bidder, but no alterations or qualifications are permitted. The unit prices Bid on any items shall govern.

2.6.1 The unit prices or the specific sums written in words govern over the unit prices or the specific sums written in figures, and errors of extension will be corrected. If the Bidder fails to Bid on any item, the Owner may, reject such Bid as incomplete.

2.6.2 A Bidder may withdraw its Bid before the expiration of the time during which Bids may be submitted, without prejudice to himself, by submitting a written request for its withdrawal to the Purchasing Agent. No Bid received after the time specified in the Notice to Bidders will be considered.

2.6.3 The Owner reserves the right to reject any or all Bids, or to waive technical defects.

2.7 Addenda: The Contractor is responsible for verifying and obtaining all Addenda related to this work.

Failure to include any or all Addenda in the Bid will be considered as a basis for the rejection of a Bid.

2.8 Form of Bid and Signature: The Bid shall be made only on the form provided and shall be enclosed in an envelope correctly marked with the job number and description, sealed, and addressed as required by the Contract documents. The Bidder shall state in words and in figures the unit prices or the specific sums, as the case may be, for which it proposes to furnish the material, supplies, or equipment or to perform the work or services required by the Drawings and Specifications.

2.8.1 If a Bid is to be mailed, this envelope must be placed in another envelope which must be sealed, mailed and delivered to the Purchasing Agent. Bids are received until the designated time and date set for the opening thereof and must be received by the Purchasing Agent's Office by that time. Mailing of Bids is solely at the Bidder's risk, and no Bid received after the time specified in the Contract Documents will be considered.

2.9 Bid Security: Each Bid must be accompanied by Bid security made payable to the Owner in the amount of five percent of the Bidder's maximum Bid price and in the form of a cashier's check or a Bid Bond issued by a surety meeting the requirements of these General Conditions.

2.10 Tax Exemptions: The Bidder obligates himself, if awarded the Contract, to use reasonable diligence to obtain for the Owner any and all exemptions from State or Federal excise or other tax and if required to pay such taxes or if such taxes are paid, to assist the Owner in any necessary way to obtain refund of such taxes so paid and to execute any required documents necessary to obtain refunds or to assert such exemptions.

2.11 Award of Contract: The Award, if made, will be made after the bid is approved by the Board of Trustees, unless otherwise noted in the Bid Documents.

2.12 Competency of Bidders: Each Bidder must be capable of performing the various items of work or services or of furnishing the various items of materials, supplies, or equipment Bid upon. Each Bidder may be required to furnish a statement covering the experience on similar Work and such statements of the Bidder's financial resources as may be deemed necessary.

2.13 Responsible Bidder: Criteria utilized by the Owner for determining the qualified responsible Bid includes, but is not limited to, whether the Bidder meets the Owner's published specifications, the Bidder's experience, skill, ability, business judgement, financial capacity, integrity, honesty; availability of the necessary facilities, equipment, materials and workers; previous performance, reputation, promptness, safety record and any other factors which could reasonably be asserted as being relevant to the Bidder’s successful performance.

2.14 Disqualification for Collusion: Any or all Bids may be rejected if there is reason for believing that collusion exists among the Bidders, and no party in such collusion will be considered in future Bids for the same work.

2.15 Material Guarantee: Before any Contract is Awarded, the Bidder may be required to furnish a complete statement of the names and addresses of suppliers or of the origin, composition and manufacture of any or all materials to be used in the performance of its Bid, together with samples which may be subjected to the tests provided for in the Specifications to determine their quality and fitness.

2.16 Return of Bid Checks: Bid Bonds of the top three Bidders may be retained by the Purchasing Agent until after the Award and approval of the Contract, Payment Bond and Performance Bond. These Bid Bonds shall be returned by the Purchasing Agent immediately after the final approval of the Contract, Performance Bond and Payment Bond, upon execution of the receipt required by the Purchasing

Agent. The Bid Bonds for all other Bidders shall be returned by the Purchasing Agent at any time within seventy-two (72) hours following the opening of Bids upon execution of the receipt required by the Purchasing Agent.

2.17 Bonds: The prescribed form of Performance Bond and Payment Bond are available to the Bidder and it is presumed that the Bidder is familiar with them. The Bidder to whom an Award is made shall, within ten (10) calendar days from the date of the Award, execute and deliver to Purchasing Agent any required Performance Bond and Payment Bond, all in the prescribed form. If the Bidder to whom the Award is made fails to furnish a required Performance Bond or Payment Bond as herein provided, the Owner may rescind its award and acceptance of Bid and make an Award to the next qualified

Bidder who shall fulfill every stipulation embraced herein as if the first Award were made to it. If this should occur, the Bidder to whom the Award was first made shall at the option of the Owner, be required to pay to the Owner the difference between his Bid and that of the next qualified Bidder up to the maximum amount provided in the Bid Bond for the project. The Performance Bond and the

Payment Bond must be accompanied by a valid power of attorney or proper evidence as approved by the Owner, providing evidence that the person signing on behalf of the Surety is authorized to so act.

2.17.1 A corporation to which an Award is made will be required to furnish evidence of the authority of the officers executing the Contract. A firm or partnership to which an Award is made will be required to furnish evidence of the authority of the person executing the Bid satisfactory to the Owner.

2.18 Acceptance of Bid: Should the Board of Trustees be of the opinion that a Contract should be entered into and approved, it shall authorize the Owner and Purchasing Agent to issue the Purchase Order.

2.19 Purchase Order and Notice to Proceed: The Purchasing Agent shall prepare a purchase order, conforming to the terms of the Contract and transmit it to the Owner and Contractor.

2.19.1 The Owner determines the start date of the project, as agreed upon with the Contractor. After the Purchase Order is issued, and Bonds are received (unless otherwise agreed upon), the Owner shall issue the Notice to Proceed. The time fixed for performance of the Contract (Contract Time) shall begin to run from the date set forth in the Construction Notice to Proceed.

SECTION 3. INSURANCE

3.1 INDEMNIFICATION: THE CONTRACTOR SHALL SAVE HARMLESS THE OWNER, ITS OFFICIALS, EMPLOYEES AND REPRESENTATIVES FROM ALL DAMAGES, EXPENSES, SUITS, ACTIONS AND CLAIMS

OF EVERY KIND AND CHARACTER WHATSOEVER WHICH THE OWNER MAY SUFFER DIRECTLY OR

INDIRECTLY AS A RESULT OF THE CONTRACTOR'S NON-PERFORMANCE OF THE CONTRACT.

CONTRACTOR SHALL ALSO SAVE HARMLESS AND INDEMNIFY THE OWNER AND ALL ITS

REPRESENTATIVES FROM ALL DAMAGES, EXPENSES, SUITS, ACTIONS AND CLAIMS OF EVERY KIND AND

CHARACTER WHATSOEVER WHICH THE OWNER MAY SUFFER DIRECTLY OR INDIRECTLY DUE TO ANY BANKRUPTCY, STATE OR FEDERAL TAX LEVIES OR LIENS, OTHER LEGAL PROCEEDINGS OR OTHER

MATTERS, SIMILAR OR DISSIMILAR, AFFECTING THE CONTRACTOR, IN WHICH THE OWNER MAY

BECOME IN ANY WAY INVOLVED, WHETHER RELATED TO THE CONTRACT AND/OR THE

CONTRACTOR'S PERFORMANCE OR NON-PERFORMANCE UNDER THE CONTRACT.

3.2 Insurance: Prior to commencing any work, but no later than ten working days after award of Contract, the Contractor shall submit or cause to be submitted any and all Certificate(s) of Insurance, showing that the Contractor has the required insurance, to the attention of the Purchasing Agent. (Failure to timely comply may cause the Contract to be rescinded and/or cancelled.) Such insurance is to be provided at the sole cost of the Contractor. No work shall be performed until all of the required insurance has been received and approved.

3.2.1 The Contractor shall be the "Named Insured" on ALL policies. At all times during the term of this contract, the Contractor shall maintain insurance coverage of the type and in the amounts which are not less than the minimum amounts shown below. These requirements do not establish limits of the Contractor's liability. No policies shall be cancelled or lapsed on account of any partial occupancy or substantial completion.

3.2.2 All insurance coverage shall be written by companies holding a Certificate of Authority from the Texas State Board of Insurance and comply with the Minimum Requirements as stated below and being otherwise acceptable to the Owner. In the event that coverage is not procurable, after diligent effort has been made to do so, from among the insurers licensed to transact and actually write the type and class of insurance in the State of Texas, the County may consider "Surplus Lines” Insurance" pursuant to the Texas Insurance Code Ann. Art. 1.14- 2.

3.2.3 ENDORSEMENTS

i. Owner must be named "Specific Additional Insured" on the commercial general liability and business automobile liability (with Contractor's insurance policy as primary).

ii. All policies shall "Waive All Rights of Subrogation" against Owner, its officers, employees and agents.

iii. All policies shall provide that a thirty (30) day written notice shall be submitted to Purchasing Agent in the event of cancellation or material change. If the coverage period shown on the Contractor's current certificate ends during the duration of the project, the Contractor must, prior to the end of the coverage period, file a new certificate with the

Purchasing Agent showing that coverage has been extended.

iv. All certificates must contain the work description, all of the above endorsements and shall be submitted in triplicate.

3.2.4 MINIMUM REQUIREMENTS

During the term of the Contract, the Contractor at its sole expense shall provide primary commercial insurance of such type and with such terms and limits as may be reasonably associated with the Contract. As a minimum, the Contractor shall provide and maintain the following coverage and limits:

i. Workers Compensation, as required by the laws of Texas, and Employers’ Liability, as well as All States, USL&H and other endorsements if applicable to the project, and in accordance with state law.

Employers’ Liability

Each Accident: $1,000,000

Disease–Each Employee: $1,000,000

Policy Limit: $1,000,000

ii. Commercial General Liability, including but not limited to the coverage indicated below.

Coverage shall not contain any restrictive endorsements nor exclude or limit Products/Completed Operations, Contractual Liability, or Cross Liability. Where exposure exists, the County may require coverage for watercraft, blasting, collapse, explosions, blowout, cratering, underground damage, pollution, or other coverage. Harris Health System shall be named Additional Insured on primary/non-contributory basis.

Each Occurrence: $1,000,000

Personal and Advertising Injury: $1,000,000

Products/Completed Operations: $1,000,000

General Aggregate (per project): $2,000,000

iii. Automobile Liability, including coverage for all owned, hired, and non-owned vehicles used in connection with the Contract. Harris Health System shall be named Additional Insured on primary/non-contributory basis.

Combined Single Limit-Each Accident: $1,000,000

iv. Umbrella/Excess Liability (Harris Health System shall be named Additional Insured on primary/non-contributory basis)

Each Occurrence/Aggregate: $1,000,000

v. Professional/Errors & Omissions Liability (if applicable)

Each Occurrence/Aggregate: $1,000,000

The County reserves the right to require additional insurance if necessary. Coverage shall be issued by companies licensed (by TDI) to do business in Texas, unless said coverage is not available or economically feasible except through an excess or surplus lines company, in which case the company should be registered to do business in Texas. Companies shall have an A.M. Best rating of at least A-VII. Contractor shall furnish evidence of such insurance to the County in the form of unaltered insurance certificates. If any part of the contract is sublet, insurance shall be provided by or on behalf of any subcontractor, and shall be sufficient to cover their portion of the contract. Contractor shall furnish evidence of such insurance to the County as well.

Policies of insurance required by the contract shall waive all rights of subrogation against the County, its officers, employees and agents. If any applicable insurance policies are cancelled, materially changed, or non-renewed, contractor shall give written notice to the County at least 30 days prior to such effective date and within 30 days thereafter, shall provide evidence of suitable replacement policies. Failure to keep in force the required insurance coverage may result in termination of the contract. Upon request, certified copies of original insurance policies shall be furnished to the County.

The requirements stipulated in this attachment do not establish limits of contractor liability.

i. Builder's Risk (building construction only). Coverage for all risks for physical loss or damage at one hundred percent (100%) of all value as created during construction. If the contract is for the construction of a building only, the amount of the contract shall be deemed to be the insurable value. If the contract is for the construction of a building and other facilities, or if for any other reason the cost of the building to the Owner is not ascertainable, the Owner will determine the insurable value of the building.

In regard to Workers Compensation Coverage, the following special requirements shall apply:

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 (TWCC-81, TWCC-82, TWCC-83, or TWCC-84), showing statutory workers compensation insurance coverage for the person's or entity's employees providing services on a project, for the duration of the work. The Contractor must provide a certificate of coverage to Owner prior to being awarded the contract.

2. Duration of the work - includes the time from the beginning of the work on the project until the Contractor's work on the project has been completed and accepted by Owner.

3. Persons providing services on the project ("Subcontractor" Texas Labor Code in section

406.096) - 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, without limitation, 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.

4. 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 work.

5. 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 Owner showing that coverage has been extended.

6. The Contractor shall obtain from each person providing services on a project, and provide to Owner:

a. a certificate of coverage, prior to that person beginning work on the project, so Owner will have on file certificates of coverage showing coverage for all persons providing services on the project; and

b. no later than seven 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.

7. The Contractor shall retain all required certificates of coverage for the duration of the work and for one year thereafter.

8. The Contractor shall notify Owner in writing by certified mail or personal delivery, within 10 days after the Contractor knows or should know, of any change that materially affects the provision of coverage of any person providing services on the project.

9. The Contractor shall post 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. (This notice must be printed with a title in at least 30-point bold type and text in at least 19 point normal type, and shall be in both English and Spanish and any other language common to the worker population.)

SECTION 4. REGULATORY REQUIREMENTS

4.1 Laws to be Observed: THE CONTRACTOR IS ASSUMED TO BE FAMILIAR WITH AND AT ALL TIMES SHALL OBSERVE AND COMPLY WITH ALL FEDERAL, STATE, DISTRICT AND CITY LAWS, ORDINANCES AND

REGULATIONS IN ANY MANNER AFFECTING THE CONDUCT OF THE WORK, AND SHALL INDEMNIFY

AND SAVE HARMLESS THE OWNER AND ITS REPRESENTATIVES AGAINST ANY CLAIM ARISING FROM

THE VIOLATION OF, OR FAILURE TO COMPLY WITH ANY SUCH LAWS, ORDINANCES, OR REGULATIONS, BY THE CONTRACTOR OR ITS EMPLOYEES.

4.2 Relations with Officials and Employees of Owner: All Contractors, Subcontractors and their employees are prohibited to give or lend money, services or any other thing of value, to any official, employee or representative of Owner, and should it appear that this provision has been violated, then Owner, in its discretion, may terminate any and all Contracts that may exist between the Contractor and Owner.

4.3 Permits and Licenses: The Contractor shall procure all permits and licenses, pay all charges and fees, and give all notices necessary and incidental to the due and lawful prosecution of the work unless otherwise noted in the Contract Documents. No additional compensation will be made for time associated with the permit process.

4.4 Barricades, Warning Lights and Signs, On Projects Involving Public Roads: Unless provided otherwise in the Contract Documents, the Contractor is solely responsible for furnishing, erecting and maintaining, suitable barricades, warning signs, flares, barriers, cones, lights, flags, signals, flagmen and other traffic control devices as are or may be necessary to adequately protect the work and shall warn, advise and safeguard the public over the entire project, including, but not limited to, sections of the project which the Contractor closes to traffic.

4.4.1 The Contractor's responsibility in this regard extends for the entire duration of the work, from the start of construction until acceptance by the Owner. All barricades, signs and other types of devices necessary for traffic control and to protect the work shall be in accordance with the "Texas Manual on Uniform Traffic Control Devices".

4.5 Sanitary Provisions: The Contractor shall provide and maintain in a neat, sanitary condition, such accommodations for the use of its employees as may be necessary to comply with the requirements of any Federal, State, Owner, or City laws, ordinances or regulations.

4.6 Safety and Health Standards: The Contractor shall observe and comply with all safety and health standards and to all legislation and amendments enacted for the safety and health of Contractor's employees. Such safety and health standards shall apply to all Subcontractors, and the Contractor shall be responsible for initiating, maintaining, supervising and inspecting safety programs, safety systems and safety precautions. The Contractor shall take all reasonable precautions for the safety of, and shall provide protection to prevent damage, injury, loss, or obstruction of access to:

A. The General Public;

B. All employees on the Work Site and all visitors, invitee, and other persons who come onto the Owner's property and may be affected thereby:

C. All patients using Hospital District facilities;

D. All the Work and all materials and equipment to be incorporated therein, whether in storage on or off the Site, under the care and custody or control of the Contractor and/or Subcontractors; and

E. Other property at the Site or adjacent thereto, including but not limited to trees, shrubs, lawns, walks, pavements, structures and utilities not designated for removal and/or replacement during construction.

4.7 Environmental Protection: The Contractor shall be responsible for compliance with all applicable environmental protection requirements, codes, regulations, laws, and ordinances.

4.7.1 The Contractor shall recognize the environmental requirements of the project. Disturbed areas shall be strictly limited to boundaries established by the Architect/Engineer and Owner.

Particular attention is drawn to the avoidance of any pollution of any "on-site" streams, sewers, wells or other water sources.

4.7.2 Contractor shall prevent erosion of soil and excess runoff of surface or subsurface water from the construction site during the construction period. To retain existing drainage patterns external to the construction site, the Contractor shall construct temporary ground cover as needed to control conditions.

4.7.3 The Contractor shall legally dispose of all solid waste materials and other materials to be removed from the site by transporting to disposal areas that are approved by State and local authorities. No burning shall be permitted unless otherwise noted. All work shall be performed in such a manner as may be required to avoid pollution of the air by dust or other contaminants.

4.7.4 The Contractor shall control excessive noise at the job site.

4.8 Use of Explosives: When the use of explosives is necessary for the prosecution of the work, the Contractor shall use the utmost care not to endanger life or property. All explosives shall be stored in a secure manner and all such storage places shall be marked clearly "Dangerous", "Explosives" and shall be in the care of competent watchmen. The Contractor shall be solely responsible for damage caused by explosives.

4.9 Project Signs: When required, the Contractor shall provide, install, and maintain a project sign at the construction site. The borders and block style letters will be black, while the sign background and other exposed surfaces shall be white, or as stipulated in the specifications.

4.10 Rest Room and Field Office: Unless otherwise noted in the specifications or in Notice to Proceed, the Contractor shall provide and maintain at its own expense an office and a rest room for the exclusive use of the Architect/Engineer and the Owner for all projects over one hundred (100) calendar days in duration. The office will be approximately 200 square feet in size, mounted on skids, wheels or other approved mobility with 7 feet minimum ceiling height and shall be of weather-tight construction. The inside walls of the office shall be lined with paneling or other material approved by the Architect/Engineer or the Owner, and the office shall have no fewer than six double-hung windows, a door with hasp for padlock and a floor a minimum of 8 inches above the ground covered in tile or other material approved by the Architect/Engineer or the Owner. The office shall have a closet at least

3 feet wide, l-1/2 feet deep and 7 feet in height, a sloped top stand-up height table and stool, a desk, 3 chairs, and a lockable two-drawer legal size file cabinet. The Contractor shall also provide two racks for holding Drawings and an office sign 24" X 36", painted as directed by the Owner. All exterior openings shall be screened. The rest room and field office shall be placed at a location satisfactory to the Owner. The office shall be wired and furnished with electricity, shall be air-conditioned, heated and shall have WiFi and/or wireless internet service and contain a working telephone with a separate line and an outside bell for the exclusive use of the Architect/Engineer and the Owner.

4.10.1 This building, and the items furnished with the building, shall remain the Contractor's property and shall be removed by the Contractor at the end of the project. No direct payment will be made for the structure or the furnishings. On projects that require a field office, the

Contractor shall have the office complete in place and fully furnished and operational within 45 calendar days from the receipt of the purchase order. Failure to have fully furnished and operational field office within the allotted 45 calendar days will result in liquidated damages being assessed against the contract in the amount of one thousand dollars ($1,000.00) per day for each day that the field office is not fully operational. The term fully operational shall include but not be limited to: all required utility connections, required furnishings and climate control.

4.11 Parking: The Contractor shall be responsible for the parking of his vehicles in a legal manner at no additional expense or inconvenience to Owner.

4.12 Storage:

4.12.1 General – The Contractor shall be fully responsible for the security and safe keeping of any stored materials.

4.12.2 In addition to manufacturer’s recommendations, Contractor shall deliver, store, and handle products using materials, means, and methods that shall prevent mildew and mold growth.

4.12.3 The Contractor may use proximate open areas of the site for storage of materials at his own risk. Storage areas must be approved by the Owner.

4.12.4 The Contractor may not use any existing part of any existing Harris Health building for storage of materials unless approved in writing to do so by the Owner.

4.12.5 Remote – The Contractor may use a location "on" or "off" the job site for storage of materials.

However, if Contractor intends to submit requests for payment for stored materials, then

Owner, at its discretion, may pay for actual cost of material stored (less stipulated retainage) under the following conditions:

4.13 Hours of Work:

4.13.1 The Contractor shall limit all regular construction activity to the following times (except as stipulated in 4.13.2):

7:00 a.m. to 7:00 p.m., Monday through Friday.

4.13.2 The contractor will plan for sufficient work to occur outside of regular working hours in order to meet the phased completion schedule. No additional funding will be provided for unplanned afterhours work. If it becomes necessary to work on weekends, holidays, and after the hours noted above, a written request to work shall be submitted for approval to the Owner, two weeks prior to performing the work. Access to the site during these hours shall be coordinated with the Owner.

4.13.3 Work shall be performed to not interfere with normal activities occurring outside the work area.

4.14 Badging:

4.14.1 Vaccination Requirements. The Parties acknowledge that contractor's personnel will have access to patient care areas which require a sterile environment. As a condition of access to patient care areas at Harris Health facilities, Contractor's personnel shall be required to have certain vaccinations and immunizations required under Texas law or Harris Health policies.

Contractor shall provide documentation to Harris Health that each individual personnel providing Services under this Agreement within the facilities owned or operated by Harris Health has met the foregoing requirements prior to assignment to Harris Health facilities. Both Parties agree that release of an individual's health care information requires written authorization from the individual, and Contractor agrees to obtain any required authorizations and releases, subject to the individual's written consent.