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R-00-04-27-12D3 - 4/27/2000RESOLUTION NO. R- 00- 04- 27 -12D3 WHEREAS, the City of Round Rock has duly advertised for bids for the 2000 Street Maintenance Program Phase I /Seal Coat, and WHEREAS, Big Tex Paving, Inc. has submitted the lowest and best bid, and WHEREAS, the City Council wishes to accept the bid of Big Tex Paving, Inc., Now Therefore, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City a contract with Big Tex Paving, Inc., for the 2000 Street Maintenance Program Phase I /Seal Coat. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended, and the Act. RESOLVED this 27th day of Apri 000. ATTEST: ANNE LAND, City Secretary K. \WPDOCS \AESOLLTI \R0041'ID3 .WED/sc ROBERT A. STLUK JR., City of Round Rock, Texas Mayor THE CITY OF ROUND ROCK BIDS EXTENDED PUBLIC WORKS DEPARTMENT 2008 Enterprise Dr. BY : Round Rock, Texas. 78664 DATE : (512) 218 -5555 BID TABULATION SHEET AND CHECKED Danny Ilaldedlatba Komar 4/18/2000 1 of 1 CONTRACT : STREET MAINTENANCE PROGRAM PHASE 1 / SEAL COAT - 2000 LOCATION : City Crowell Chambers Big Tex Paving, Inc. Bid Bond? Yes w Wheeler Coating Asphalt, Inc. Bid Band? Yes -:,. ..:, _... Asphalt Paving Co. of Austin me. Bid Bond? Yes S.P.W. Coostructioa, Inc. Bid Bond? Yes . DATE: 4/18/00, 2:00 p.m. .�..:.,. ,, +. u: , «., .ayw..� ,- _. M ITEM ,., UNIT ::,<, r.�,„eH ., APPROX. QTY. ..._ >....a. UNIT PRICE ,u,x,..., ,..: COST ,, ....,.:«: UNIT piuCE :.,:.. ;. < COST UNIT PRICE ,.re.<.. ., COST . _ UNIT PRICE .., H,...,� ...,�, COST 1. Seal coat SY 285,000 50.875 5249,375.00 50.94 5267,900.00 50.92 5262,200.00 51.13 $322,050.00 2. Pavement repair SY 2,550 518.48 547,124.00 525.00 563,750.00 $45.16 5115,158.00 543.00 5109,650.00 3. IIMAC, Type D, spot fill and level -up at street cuts, depressions and areas of curb & gutter replacement prior to Seal Coat, including tack coat. TON 170 5132.486 522,522.62 565.00 511,050.00 $97.00 516,490.00 5170.00 528,900.00 4 Remove and replace concrete Curb and Gutter LF 150 546.67 57,000.50 $25.00 53,750.00 545.00 56,750.00 545.1)0 56,750.00 5. Thermoplastic, pavement marking paint {reflectorized },white and yellow 4 inch in width. LF 28,000 50.357 59,996.00 50.42 511,760.00 50.45 512,600.00 50.65 518,200.00 6. Reflectorized pavement markers Type II -A -A and Type I-C. Ea 3,500 52.50 58,750.00 52.80 59,800.00 53.00 510,500.00 53.00 510,500.00 TOTAL: 5344, 768.12 5 368 ,010.00 $423,698.00 5496,050.00 m N M w.yi 1 (%! DANIEL LYNN HALDEN \p 9 632 M Comoot+e S O a E� ? ® � st main phi & sealcaat 2030 bidtab.xla/dbak Adjusted upon extension of bids N N Co 4 r a a 0 N DATE: April 21, 2000 SUBJECT: City Council Meeting — April 27, 2000 ITEM: 12.D.3. Consider a resolution authorizing the Mayor to execute a contract with Big Tex Paving, Inc. for the Street Maintenance Program Phase 1 /Seal Coat 2000. Four (4) bids were received and opened on April 18, 2000 for the Street Maintenance Program Phase 1 /Sealcoat 2000. Big Tex Paving, Inc. submitted the lowest and best bid at $344,768.12. Staff recommends approval of the contract with Big Tex Paving, Inc. Staff Resource Person: Jim Nuse, Public Works Director. k- -04471 1)3 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 P k9PB°BY GIB • f�,, �REY �,I CITY OF ROOD ROCK PUBLIC WORKS DEPARTMENT �1 ' I p . % ifor‘, —4 " , 00111 1- elk STREET MAINTENANCE PROGRAM PHASE 1 / SEAL COAT -2000 APRIL 2000 PLANS, SPECIFICATIONS - +'�����1 13 f o0 �jE AND CONTRACT DOCUMENTS 5' " +. 1 o F S DA N IEL LYNN DANIEL 63225 p e AZ +. S S / oNAL �� TABLE OF CONTENTS Section Description Page 1.0 Notice to Bidders NB -1 2.0 Bid Documents BD -1 3.0 Post Bid Documents PBD -1 4.0 General Conditions GC -1 5.0 Special Conditions SC -1 6.0 Technical Specifications TS -1 7.0 Plans, Details and Notes PDN -1 table.mst/spec 1.0 NOTICE TO BIDDERS 2.0 BID DOCUMENTS INSTRUCTIONS TO BIDDERS 1. Prior to submitting any proposal, bidders are required to read the plans, specifications, proposal, contract and bond forms carefully; to inform themselves by their independent research, test and investigation of the difficulties to be encountered and judge for themselves of the accessibility of the work and all attending circumstances affecting the cost of doing the work and the time required for its completion and obtain all information required to make an intelligent proposal. 2. Should the bidder find discrepancies in, or omissions from the plans, specifications, or other documents, or should he be in doubt as to their meaning, he should notify at once the Engineer and obtain clarification or addendum prior to submitting any bid. 3. It shall be the responsibility of the bidder to see that his bid is received at the place and time named in the Notice to Bidders. Bids received after closing time will be returned unopened. 4. Bids shall be submitted in sealed envelopes plainly marked "Sealed Bid" and showing the name of the project, the job number if applicable, and the opening date and time. 5. Bids shall be submitted on proposal forms furnished by the City of Round Rock. 6. All proposals shall be accompanied by a certified cashier's check upon a National or State bank in an amount not less than five percent (5 %) of the total maximum bid price, payable without recourse to the City of Round Rock, or a bid bond in the same amount from a reliable surety company, as a guarantee that the bidder will enter into a contract and execute performance and payment bonds, as stipulated by item 11 below, within ten (10) days after notice of award of contract to him. Proposal guarantees must be submitted in the same sealed envelope with the proposal. Proposals submitted without check or bid bonds will not be considered. 7. All bid securities will be returned to the respective bidders within twenty-five (25) days after bids are opened, except those which the owner elects to hold until the successful bidder has executed the contract. Thereafter, all remaining securities, including security of the successful bidder, will be returned within sixty (60) days. 8. Until the award of the contract, the City of Round Rock reserves the right to reject any and all proposals and to waive technicalities; to advertise for new proposals; or to do the work otherwise when the best interest of the City of Round Rock will be thereby Biddocl.svwp4 k BD -1 COMMERCIAL INDEMNITY Insurance Company BID BOND KNOW ALL MEN BY THESE PRESENTS: THAT Big Tex Paving, Inc., 103 Airport Rd., Johnson City, TX 78636 as Principal, and COMMERCIAL INDEMNITY INSURANCE COMPANY, as Surety, are held and firmly bound unto City of Round Rock, 221 E. Main, Round Rock, TX 78664 as Obligee, in the full and just sum of Five (5 %) Percent of the amount bid -- lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal is hereby submitting its proposal for Street Maintenance Program Phase 1/Seal Coat 2000. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the aforesaid Principal shall be awarded the contract the said Principal will, within the time required, enter into a formal contract and give a good and sufficient bond to secure the performance of the terms and conditions of the contract, then this obligation to be void; otherwise, the Principal and Surety will pay unto the Obligee the difference in money between the amount of the bid of the said Principal and the amount for which the Obligee legally contracts with another party to perform the work if the latter amount be in excess of the former, but in no event shall liability hereunder exceed the penal sum hereof. Signed, sealed and delivered 17th April 2000 Big Tex Paving, Inc. PRINCIPA By COMM CIAL INDEMNITY INSURANCE COMPANY By - (SEAL) Anna M. Hilt, ATTORNEY - IN - FACT BOND NUMBER BD42975 010C/� (SEAL) 1 Commercial Indemnity Insurance Company COMMERCIAL 2550 S. IH 35, Suite 100 INDEMNITY INSURANCE CO. Austin, Texas 78704 KNOW ALL MEN BY THESE PRESENTS: That the Commercial Indemnity Insurance Company, a Corporation duly organized and existing under the laws of the State of Texas, having its principal office in Austin, Texas, pursuant to the following resolution, adopted by the Board of Directors of the said Company on the 7' day of April, 1999, to wit: ' "Resolved, that any officer of the Company shall have authority to make, execute and deliver a Power of Attorney constituting as Attorney - In -Fact, such persons, firms, or corporations as may be selected from time to time. I Be It Further Resolved, that the signature of any officer and the Seal of the Company may be affixed to any such Power of Attorney or any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such powers so executed and certified by facsimile signature or facsimile seal shall be valid I and binding upon the Company in the future with respect to any bond or undertaking to which it is attached." Commercial Indemnity Insurance Company does hereby make, constitute and appoint: Anna M. Hilt ' State of Texas its true and lawful attorney(s) -in -fact, with full power and authority hereby conferred in its name, place and stead, to sign, execute, acknowledge and deliver in its behalf, and its act and deed, as follows: t The Obligation of the Company shall not exceed one million ($1,000,000.00) Dollars. And to bind Commercial Indemnity Insurance Company thereby as fully and to the same extent as if such bond or undertaking was signed by the duly authorized officer of the Commercial Indemnity Insurance Company, and all the acts of said Attorney(s) pursuant to the authority ' herein given, are hereby ratified and confirmed. IN WITNESS WHEREOF, the Commercial Indemnity Insurance Company has caused these presents to be signed by any officer of the Company and its Corporate Seal to be hereto affixed. 1 1 1 ' Commission Expires 5 -14 -2003 1 1 John W. Schuler, President ' State of Texas County of Travis I On this T" day of April, in the year 1999, before me Michael Allen Christy, a notary public, personally appeared John W. Schuler, personally known to me to be the person who executed the within instrument as President, on behalf of the Corporation therein named and acknowledged to me that the Corporation executed it Michael Allen Christy, Notary Public CERTIFICATE ' I, the undersigned, Secretary of Commercial Indemnity Insurance Company, DO HEREBY CERTIFY that the foregoing and attached Power of Attorney and Certificate of Authority remains in full force and has not been revoked: Signed and Sealed at the said Company at Austin, Texas dated 17 April 2000. Joel T. Massey, Secretary BD42975 POWER OF ATTORNEY PROPOSAL BIDDING SHEET JOB NAME: STREET MAINTENANCE PROGRAM PHASE 1 / SEAL COAT - 2000 JOB LOCATION: Round Rock, Williamson County, Texas OWNER: 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 supplemental specifications, and as shown on the plans for the construction of STREET MAINTENANCE PROGRAM PHASE 1 / SEAL COAT - 2000 and binds himself on acceptance of this proposal to execute a contract and bond for completing said project within the time stated, for the following prices, to wit: Bid Item Description Unit Item Quantity Unit and Written Unit Price Price Amount 1. 285,000 . 2,550 Biddocl.sar.wp Vlk City of Round Rock, Texas April 18, 2000 S.Y. Seal Coat Complete in Place, Per square yard S.Y. Pavement repair Complete in Place, Per square yard for e i . tee dollars and r t + cents. $1111_ $ AP/ /a4 BASE BID for D dollars and c`"hESe,uu ;Oe cents. $ , '67 5 c 9315 BD -6 Bid Item Description Unit Item Ouantity Unit and Written Unit Price Price Amount 3. 170 Ton HMAC, Type D, Spot fill and level -up At street cuts, depressions and Areas of curb & gutter replacement Prior to Seal Coat, including tack coat Complete in place Per Ton for Ome , rec dollars and , e r+ Si ents. SAL/VD $ a a 5aa. 4 9, 4. 150 5. 28,000 Biddocl.scr.wpd k L.F. L.F. Remove and replace concrete Curb and Gutter Complete in Place Per linear foot for dollars and , ;vt,‘ ,90 cents. $ ¥L. (1 $ 7000, 58 Thermoplastic, pavement marking Paint {reflectorized },white and yellow 4 inch in width Complete in Place Per Linear foot for dollars and Jhu +y Ai $ . 351 $ 999. BD -7 Bid Item Description Unit Item Quantity Unit and Written Unit Price Price Amount 6. 3500 Ea. TOTAL BASE BID (Items 1 thru 6): STATEMENT OF SEPARATE CHARGES: Biddooi.s.wpddx Materials: All Other Charges: * Total: Reflectorized pavement markers Type II -A -A and Type I -C, Complete in place Per each for dollars and ,i 1 t . cents. BD -8 $4.50 $ 675oo° $ 3 76 8.1a $ 197415. l a $ /47353.0o $ .14-47/0 to * Note: This total must be the same amount as shown above for " Total Base Bid ". If this proposal is accepted, the undersigned agrees to execute the contract and provide necessary bonds and insurance certification as per the Instructions to Bidders and commence work within ten (10) days after written Notice to Proceed. The undersigned further agrees to complete the work in full within seventy-five (75) calendar days after the date of the written Notice -to- Proceed. The undersigned certifies that the bid prices contained in the proposal have been carefully checked and are submitted as correct and fmal. The Owner reserves the right to reject any or all bids and may waive any informalities. Respectfully Submitted, t"t'r l9coolv.51 6 \`2 1 -e-1C PoxiA -Tivc. Pte. PP.2)900D, -- Ealsorie, l Title for Address 6151 -( _ Pa 0 i -0 git)C. 130-(iii...-'7g32 Name Name of Firm Telep ne 4/0/00 . ) 4 . 1 Date Secre : if ( ontractor is a Corporation Bidd«I.cr.w„dnk BD -9 'MS 36 3.0 POST BID DOCUMENTS THE STATE OF TEXAS COUNTY OF WILLIAMSON § AGREEMENT THIS AGREEMENT, made and entered into this rjine( day of 31.1.A R_ , 2000 , by and between (Owner) City of Round Rock, Texas of the State of Texas, acting through Robert A. Stluka, Jr., Mayor, hereunto du authorized so to do, hereinafter I termed OWNER, and Contractor) l�+ lam. mU i,d3lncof �obv o 5 c1�e, -Y , Texas, County of loiw ! u , an tate of Texas, hereinafter termed CONTR WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by OWNER, and under the conditions expressed in the bond bearing even date herewith, CONTRACTOR hereby agrees with the said OWNER to commence and complete the construction of certain improvements described as follows: STREET MAINTENANCE PROGRAM PHASE 1 / SEAL COAT- 2000 Further described as the work covered by this specification consists of furnishing all the materials, supplies, machinery, equipment, tools, supervision, labor, insurance, and other accessories and services necessary to complete the said construction, in accordance with the conditions and prices stated in the Proposal attached hereof, and in accordance with the Notice to Contractors, Instructions to Bidders, General Conditions of Agreement, Special Conditions, Technical Specifications, Plans, and other drawings and printed or written explanatory material thereof, and the Specifications and Addenda therefor, as prepared by City of Round Rock, herein entitled the ENGINEER, each of which has been identified by the CONTRACTOR'S written Proposal, the General Conditions of the Agreement, and the Performance, Payment, and Maintenance Bonds hereof, and collectively evidence and constitute the entire contract. The CONTRACTOR hereby agrees to commence work within 10 calendar days after the date written notice to do so have been given to him, and to complete the same within 75 calendar days after the date of the written Notice to Proceed, subject to such extensions of time as are provided by the General and Special Conditions. The OWNER agrees to pay the CONTRACTOR in current funds the price or prices shown in the Proposal, which forms a part of this Contract, such payments to be subject to the General and Special Conditions of the Contract. posna.mstr PBD -1 1 1 IN WITNESS WHEREOF, the parties to these presents have executed this Agreement in the year and day first above written. 1 1 1 1 ATTEST: 1 1 1 1 1 1 1 CITY OF ROUND ROCK. TEXAS (OWNER) Mayor g oaAvv. City Secretary 1 (The i flowing to be executed if the Contractor is a Corporation.) 1 I, + certi that I am the of the Corporation named as Contracto 1 i - ein; that �,,,,, a' ©Y �� w i +Lyi osig this Contract on behalf 1 of the Contractor was then .1 5 eC (official title) of said Corporation, that said Contract was duly signed for and in behalf of said Corporation, that said Corporation by authority of its governing body, and is within the sgope of its corporate powers. 1 Corporate Seal posnianu/ meter PBD -2 (CO CTOR) BY: (��c1``_ r 4ts 0, O� ie (Typed name) (Ti NT1tA ElEI Cam ---- Secretary, if Contractor is a Corporation or otherwise registered with the Secretary of State NOTICE TO BIDDERS Sealed bids addressed to the Purchasing Agent, City of Round Rock, 221 East Main Street, Round Rock, Texas 78664, for furnishing all labor, material and equipment and performing all work required for the project titled STREET MAINTENANCE PROGRAM PHASE 1 / SEAL COAT - 2000 (project includes: approximately 300,000 square yards of seal coat application, related preparatory work and ancillary items) will be received until April 18. 2000, 2:00 p.m. then publicly opened and read aloud at the City Hall Council Chambers at the same address. Bid envelopes should state date and time of bid and "STREET MAINTENANCE PROGRAM PHASE 1 / SEAL COAT - 2000 ". No bids may be withdrawn after the scheduled opening time. Any bids received after scheduled bid opening time will be returned unopened. Bids must be submitted on City of Round Rock bid forms and must be accompanied by an acceptable bid security as outlined in the Instructions to Bidders, payable to the City of Round Rock, Texas equal to five percent (5 %) of the total bid amount. Plans, Bid Forms, Specifications, and Instructions to Bidders may be obtained from the Department of Public Works, 2008 Enterprise Drive, in Round Rock, Texas (512- 218 -5555) beginning April 4, 2000 for a non - refundable charge of $ 25.00 per set. In case of ambiguity, duplication, or obscurity in the bids, the City of Round Rock reserves the right to construe the meaning thereof. The City of Round Rock further reserves the right to reject any or all bids and waive any informalities and irregularities in the bids received. The successful bidder will be expected to execute the standard contract prepared by the City of Round Rock, and to furnish performance and payment bonds as described in the bid documents. Contractors and subcontractors shall pay to laborers, workmen, and mechanics the prevailing wage rates as determined by the City of Round Rock. Publish Dates: Austin American Statesman: April 3, 2000 April 10, 2000 April 17, 2000 noNcebd/toddk NB -1 promoted. 9. In case of ambiguity or lack of clarity in the statement of prices in the bids, the City of Round Rock reserves the right to consider the most favorable analysis thereof, or to reject the bid. Unreasonable (or unbalanced) prices submitted in a bid may result in rejection of such bid or other bids. 10. Award of the contract, if awarded, will be made within sixty (60) days after opening of the proposals, and no bidder may withdraw his proposal within said sixty (60) day period of time unless a prior award is made. 11. 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 price. If the total contract price is $25,000.00 or less, the performance and payment bonds will not be required. Said performance bond and payment bond shall be from an approved surety company holding a permit from the State of Texas, with approval prior to bid opening, indicating it is authorized and admitted to write surety bonds in this state. In the event the bond exceeds $100,000.00, the surety must also (1) hold a certificate of authority from the United States secretary of the treasury to qualify as a surety on obligations permitted or required under federal law; or (2) have obtained reinsurance for any liability in excess of $100,000.00 from a reinsurer that is authorized and admitted as a reinsurer in this state and is the holder of a certificate of authority from the United States secretary of the treasury to qualify as a surety or reinsurer on obligations permitted or required under federal law. In determining whether the surety or reinsurer holds a valid certificate of authority, the City may rely on the list of companies holding certificates of authority as published in the Federal Register covering the date on which the bond is to be executed. 12. If the total contract price is less than $25,000.00 the performance and payment bond requirement will be waived by the City of Round Rock. Payment will be made following completion of the work. 13. Failure to execute the construction contract within ten (10) days of written notification of award or failure to furnish the performance bond, or letter of credit if applicable, and payment bond as required by item 11 above, shall be just cause for the annulment of the award. In case of the annulment of the award, the proposal guarantee shall become the property of the City of Round Rock, not as a penalty, but as a liquidated Hisidoci.scr.wpda BD -2 damage. 14. No contract shall be binding upon the City of Round Rock until it has been signed by its Mayor after having been duly authorized to do so by the City Council. 15. The Contractor shall not commence work under this contract until he has furnished certification of all insurance required and such has been approved by the City of Round Rock, 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 certificate of insurance form included in the contract documents must be used by the Contractor's insurer to furnish proof of insurance. 16. Any quantities given in any portion of the contract documents, including the plans, are estimates only, and the actual amount of work required may differ somewhat from the estimates. The basis for the payment shall be the actual amount of work done and/or material furnished. 17. Bids shall be submitted on a separated contract basis. No Texas sales tax shall be included in the prices bid for materials consumed or incorporated into the finished product under this contract. 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 of Round Rock 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. In obtaining consumable materials, the Contractor will issue a resale certificate in lieu of payment of sales tax, and the following conditions shall be observed; aiaaoc1AQ.wpdk 1) The contract will transfer title of consumable, but not incorporate, materials to the City of Round Rock at the time and point of receipt by the Contractor; 2) The Contractor will be paid for these consumable materials by the City of Round Rock as soon as practicable. Payment will not be made directly but considered subsidiary to the pertinent bid item. The Contractor's monthly estimate will state that the estimate includes consumables that were received during the month covered by the estimate; and 3) The designated representative of the City of Round Rock 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 of Round Rock BD -3 18. No conditional bids will be accepted. 19. If the bidder's insurance company is authorized, pursuant to its agreement with bidder, to arrange for the replacement of a loss, rather than by making a cash payment directly to the City of Round Rock, 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). Bidducl.se.wpdhk BD -4 Bond #BD43001 THE STATE OF TEXAS COUNTY OF WILLIAMSON PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: ThatB Tex Paving, Inc. of the City of Johnson City , County of Blanco , and State of Taxa¢ , as Principal, and 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 ofr hree Hundred Forty -Four Thousand Seven Hundred Sixty-Eigth dollars ($ 344,768.12 ) for the payment and 12/100 whereof, well and truly to be made the said Principal and Surety bind themselves, and their heirs, administrators, executors, successors and assigns, jointly and severally, by these presents: WHEREAS, the Principal has entered into a certain written contract with the Owner dated the day of , 2000 to which the contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein consisting of: STREET MAINTENANCE PROGRAM PHASE 1 / SEAL COAT- 2000 NOW, THEREFORE, THE CONDITIONS OF THIS OBLIGATION IS SUCH, that if the said Principal shall faithfully perform said Contract and shall, in all respects, duly and faithfully observe and perform all and singular the covenants, conditions and agreements in and by said Contract, 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 Contract and occurring within a period of twelve (12) months from the date of the contract Completion Certificate and all other covenants and conditions, according to the true intent and meaning of said Contract 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. postbid.mserspee master PBD -3 PERFORMANCE BOND (continued) Surety, for value received, stipulates and agrees that no change, extension of time, alteration or addition to the term of the contract, or to the work performed thereunder, or the plans, specifications, or drawings accompanying the same, shall in anyway affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract, or to the work to be performed thereunder. IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this 2000. Big Tex Paving, Inc. Princip By. 4 _.r.. Title PAsir p13 N?JerP u ,,, - = ➢w`- ' Sea- 721 Address Johnson City, TX Resident Agent of Surety: Time INsurance Agency Printed Name 1507 South IH -35 Address Austin, TX 78741 City, State & Zip Code 9th postbid.mstispee master PBD -4 By: Title day of MaY Commercial Indemnity Insurance Company Surety Anna M. Hilt, Attorney -in -Fact 2550 South IH -35, Suite 100 Address Austin, TX 78704 Bond #B043001 THE STATE OF TEXAS COUNTY OF WILLIAMSON postbid.mst/spee master PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS: That Big Tex Paving, Inc. , of the City of Johnson city , County of Blanco , and State of Texas Commercial Indemnity as Pr and Insurance c o. 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, (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 Three Hundred Forty -Four Thousand Seven Hundred Sixty -4 Eight and 12/100 Dollars ($ 344,768.12 ) 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 contract with the Owner, dated the day of , 2000, to which Contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein consisting of: STREET MAINTENANCE PROGRAM PHASE 1 / SEAL COAT- 2000 NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that ifthe 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 Contract, 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. PBD -5 PAYMENT BOND (continued) Surety, for value received, stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract, or to the work performed thereunder, or the plans, specifications or drawings accompanying the same shall in anyway affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract, or to the work to be performed thereunder. IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this Instrument this 9 th day of May , 2000. Big Tex Paving, Inc, Principal Surety By: P . Title �. �xl Address Johnson City, TX Resident Agent of Surety: Time Insurance Agency Printed Name 1507 South IH -35 Address Austin, TX 76741 City, State & Zip Code pmtbid.nst/spec nester c�- L V PBD-6 Commercial Indemnity INsurance Company By:. Title Anna M. Hilt, Attorney -in -Fact 2550 South IH -35, Suite 100 Address Austin, TX 78704 Commercial Indemnity Insurance Company COMMERCIAL 2550 S. IH 35, Suite 100 INDEMNITY INSURANCE CO. Austin, Texas 78704 KNOW ALL MEN BY THESE PRESENTS: That the Commercial Indemnity Insurance Company, a Corporation duly organized and existing under the laws of the State of Texas, having its principal office in Austin, Texas, pursuant to the following resolution, adopted by the Board of Directors of the said Company on the 7th day of April, 1999, to wit: "Resolved, that any officer of the Company shall have authority to make, execute and deliver a Power of Attorney constituting as Attorney - In -Fact, such persons, firms, or corporations as may be selected from time to time. Be It Further Resolved, that the signature of any officer and the Seal of the Company may be affixed to any such Power of Attorney or any certificate relating thereto by facsimile, and any such Power of Attomey or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such powers so executed and certified by facsimile signature or facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached." Commercial Indemnity Insurance Company does hereby make, constitute and appoint: State of Texas its true and lawful attomey(s) -in -fact, with full power and authority hereby conferred in its name, place and stead, to sign, execute, acknowledge and deliver in its behalf, and its act and deed, as follows: The Obligation of the Company shall not exceed one million ($1,000,000.00) Dollars. And to bind Commercial Indemnity Insurance Company thereby as fully and to the same extent as if such bond or undertaking was signed by the duly authorized officer of the Commercial Indemnity Insurance Company, and all the acts of said Attomey(s) pursuant to the authority herein given, are hereby ratified and confirmed. 1N WITNESS WHEREOF, the Commercial Indemnity Insurance Company has caused these presents to be signed by any officer of the Company and its Corporate Seal to be hereto affixed. State of Texas County of Travis Commission Expires 8 -26 -2000 Anna M. Hilt BD43001 John W. Schuler. President On this 7 day of April, in the year 1999, before me Sandra L. Denton, a notary public, personally appeared John W. Schuler, personally known to me to be the person who executed the within instrument as President, on behalf of the Corporation therein named and acknowledged to me that the Corporation executed it. Sandra L. Denton, Notary Public Joel T. Massey, Secretary POWER OF ATTORNEY CERTIFICATE I, the undersigned, Secretary of Commercial Indemnity Insurance Company, DO HEREBY CERTIFY that the foregoing and attached Power of Attorney and Certificate of Authority remains in full force and has not been revoked: Signed and Sealed at the said Company at Austin, Texas dated this 9th day of Mav 20 00 COMMERCIAL INDEMNITY INSURANCE COMPANY SURETY BOND REINSURANCE We meet the requirements of Texas House Bill 3158. Effective January 1, 1998, the following Treasury - Listed reinsurers have contracted to provide reinsurance in excess of a $100,000 retention on each bond issued by our company. Evergreen National Indemnity Company A.M. Best Rated A- Columbus, Ohio Treasury Limit $1,316,000 Reinsurance provides $900,000 coverage excess of our $100,000 retention Hartford Fire Insurance Company A.M. Best Rated A+ Hartford, Connecticut Treasury Limit $317,079,000 Underwritten by CSRe - provides coverage in excess of $1,000,000 covered by Credit General Insurance Company and our retention of $100,000 If you have any questions about the surety products our company offers or need additional information about our reinsurance coverage you may call me toll -free at 1- 800 - 234 -8046. We appreciate your continued support. Sincerely, hn W. Schuler esident 2550 South IH 35, Suite 100 • Austin, Texas 78704 • (512) 444 -7776 • Fax (512) 447 -7757 COMMERCIAL INDEMNITY Insurance Company IMPORTANT NOTICE To obtain information or make a complaint: You may contact John W. Schuler, President of Operations, whose direct dial number is 512 -444 -7776. You may also fax us information at 512 -440 -0989. You may also call Commercial Indemnity Insurance Company's toll -free telephone number for information or to make a complaint at: 1- 800 - 234 -8046 You may also write to Commercial Indemnity Insurance Company : 2550 South IH -35, Suite 100, Austin, Texas 78704. You may contact the Texas Department of Insurance to obtain information on companies, coverages, rights or complaints at: 1- 800 - 252 -3439 You may also write the Texas Department of Insurance: P.O. Box 149104, Austin, Texas 78714 -9104, Fax 512 -475 -1771. PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim you should contact the company first. If the dispute is not resolved you may contact the Texas Department of Insurance. ATTACH THIS NOTICE TO YOUR POLICY: This notice is for information only and does not become a part of condition of the attached document. JUN -08 -2000 THU 03:30 P11 MHBT 6-07 -2000 1 : 39PM FROM SU-1MIT 2104020363 b 63/07/2000 1D: SS FAX 51.221i56CE VOW PUBLIC 1tgJ1fIC5 2 evvux�uvx CERTIFICATE OF LIABILITY INSURANCE Duu6 /8/00 PRoDUC@R McQueary Ilenry Boyles Troy, LLP 16607 Blanco Rd., Suite 904 San Antonio, TX 78232 t xCeslissaansre ZEN onmAnoreetocArsortimeerseasmseLneusexcernoNS pathie> oiler PSd}7 FAX Na 2104797937 ' P. 01/02 COMPATORSAFFVRDoJG COVERAGE A Royal Surplus Lines Insurance Co. DIMMED Big Tex Paving, Inc. PO Box 1490 TX 7 THIS IS O C TA umlaut mud above u i mured by de Campus f Om with esppaot to te'minx o p e r a t i o n s b e r a h o a f t e r deaciibad, fbr who o v a aims= sod is atxordsnea with the provisions eft s SCmdkd Fotiaka oast by the oompatdaa, and Gotha bereirolta deacrsbod. uumplitas to the polio . re noted below. CO TiercOrmvAMMHCZ POdiCY zrncnn =maxim LTIawi L'R NUM= Da1Y DJITL Aauutra Y KZB513817 3/31/00 3/31/01 cskoutraolrscaAYe 52,000,000 nummcnux0worAatx 6 :2,000,000 mmuxu sissm mmY *1,000,000 FAOama 8.000,000 sautna AOa(Awu.s.) a 50,000 s®.3> (ma..5..61 5 automeavaivaaarry Oo►112011,le4LICLOar '!< scosai sav Strr,er.) t a0LIIX ROW ce' 9 3 marry mum 3 ascuocomausca AG *CArs $ woaxess.cowswaanss AND tostOY$ri' UAatufY da UTORYUNI S !to Qq cd)tp.d sock auaed s additioo♦I ioaavd with roped to allyaadm aaege wcdnn 0,0 MPS empbym 1lahD,y: 9tued mp arum show doscrib d sof. ios D' eauied cr d,mgpd base %be mien doe shored the Laming cootploroin n W I thirty (30) dq. +r6eoa *fins to the mtptiwd Voila woad Wow. . CERTIFCATSilO t$31 City of Raced Rack 221 E Wu Race Raand Rock Tans 76661 'kW Joao. Land uACflApcyomr swum •PCILICY war Dlsuat- nac,ataw:tmmr s 06/21/00' 12:40 WILLBANKS INSURANCE • 082 CERTIFICATE OF LIABILITY INSURANCE AUTOMOBILE LIABILITY A ANY AUTO EXCESS LIAISE-Mt OTHER IARCRIYfION OF OPFRATIONSA .00ATIONSNEERCLESMPECIAL ITEMS,EXCEPTIONS Fo.a+a.eV.Fm e» PRD-7 Date: 6/21/2000 COMPANIES AFFORDING COVERAGE A AMERICAN STATES INSURANCE COMPANY OF TEXAS B PRODUCER WILLBANKS INSURANCE AGENCY, INC. PO BOX 280 MARBLE FALLS, TX 78654 PH 830 - 693 -4391 INSURED BIG TEX PAVING, INC. P 0 BOX 1480 JOHNSON CITY TX 78636 D THIS IS TO CERTIFY THA 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. c CO TYPE OW INSURANCE POLICY EFFECTIVE EXPIRATION LIMITS LTR NUMBER DATE DATE cilafELAL UADr 1I�Y — FROOLRAL AO(SREOATR PRODUCTS-COW/OP AOG. PERSONAL & ADV. INJURY S EACH OCCURRENCE 0 FIRE. DAMACW.. (Any we Roe) 5 MED. EXPENSE (Any new Foram) S COMBINED sINO1.B WAIT 41,000,000.00 POr114Y MII IRY (Per Poem) f 00 03/15/2000 03 /15 /2001 DODnYwJDaY(ra.aem) s PROM - ITT DAMAGE S EACH OCcURRBNCE a AGGREGATE S WORY.ERS• COM5 AND EMPLOYERS UAB!LIT T _ STATUTORY LIMITS EACH ACCIDENT S DISEASE • POLICY LIMIT $ DISEASE • CACII EMPLOY ri: $ Ilse City of Round Rode is named as additional insured with respect to all policies except Workers' Co npenagno o ye rs lity. Should any ofthe above described policies by canceled or changed before the expiration daze cheroot the issuing aompauy will mail thirty (30) days wrinen notice ro the certificate holder named below. CERTIFICATE HOLDER: City of Round Rock SICiNA AUTUORI RREPPRES A17VE 221 E. Main Street tm r Round Rock. Texas 19664 ere= Joanne Land Typed Namc: WELDON WILLBANKS Title: AGENT 06/21/2000 WED 12:35 [TX /RX NO 73901 Z002 6-07 -2000 12:35PM FROM SUMMIT 2104020363 vu,v,t auuu 1u. JJ z'M JALLIODUUJ LAMA rUALrL, !WKOJ CERTIFICATE OF LIABILITY INSURANCE PROAUCOR t'AMES APPORDAIQ COVVRAGE Insurance & Bonds, Inc. A Paula Insurance Co. P.O. Box 692130 San Antonio, TX 78269 INSURED C Summit ' P.2 W uuxiaux p 6 -7 -00 A THIS IS TO CITIFY THAT the Merced named above is insured by the Companies listed above with roped to the Mess ins hereinafter described. far to types of insurance and in accordance with the provisions ofthe standard policies rued by the companies, and further hereinafter dtncdbed. iixceptioes to the policies are noted below. CO TYPE OF INSURANCE POLICY EFFECTIVE EXPIRATION LIMITS LTD Nolte = BATE DATE reerelret. trannerr MESS LIABILITY A PWC4201342 8/1/99 8/1/00 ontbidosibpotorier PBD-7 Tift Vice President O ALAOSat ATE PitODUCTSCOMNOIPADa S MESOSIAL.RAMMXMY $ EACHOOCOpt13006 fi$E DANLi6(Aay . th) a MMXISOVRIW41vyraamm4 $ COMONEDSDOOLSLUAT $OUU.YIN$*Y(tat+mm) i BODAN D Z'S17.aeda>a) $ t*OIERTYDAMADE a BACA OCCUMIA lC$ AOGBBOATC wormers' CGrnemarpeerao striovwcy IJABany STA11 fcerum s Mae yY s 1,000,000 POSSASE•resacrMIXT s 1,000,000 »$$$$ $- $ACEIMP OYSa $ 1,000,000 A5SCSITYON4 OPESATIONSMOCATIONNVERMESISPI3C1AL ITESSEXCEIF17(x'is Coverage is provided for only those employees lesed to but not subcontractors of: Alternate employer: Big Tex Paving. amo'od M =oata 1 , is ., etocpt otters cad ache aboredoeoribo d policies by raorJndnr award Wont die =Oration date taam4 the Issuiniscoospaby 4l muil thirty (30) duos Written notice to t heeaNBmae POWs awed below. CERTIFICATE HOMER: City ofRand 2218. Male 5100 t Raca4Rodc, Tom - 111664 atta: )ante Leal 1 p Arthur V. Wibracht 1 CERTIFICATE OF LIABILITY INSURANCE 'PRODUCER 1 'INSURED 1 1 LTR 1 1 1 CO TYPE OR INSURANCE POLICY EFFECTIVE EXPIRATION GENERAL LIABILITY 1 EXCESS LIABILITY NUMBER DATE DATE WORKERS COMPENSATION AND EMPLOYERS' LIABILITY 1 OTHER 1 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/SPECIAL ITEMS/EXCEPTIONS CERTIFICATE HOLDER: City of Round Rock 221 E. Main Street Round Rock, Texas 78664 attn: Joanne Land poab+dmd/spec master PBD -7 COMPANIES AFFORDING COVERAGE A B C LMMTI S Date: D , 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. GENERAL AGGREGATE S PRODUCTS-COMP/OP AGO. S ' PERSONAL & ADV. INJURY S EACH OCCURRENCE S FIRE DAMAGE (Any one fire) S ' MED. EXPENSE (Any one person) S AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT S BODILY INJURY (Per person) S BODILY INJURY (Per accident) S PROPERTY DAMAGE S EACH OCCURRENCE S AGGREGATE S STATUTORY LIMITS EACH ACCIDENT DISEASE - POLICY LIMIT DISEASE - EACH EMPLOYEE a s The City of Round Rock is named as additional insured with respect to all policies except Workers' Compensation and Employers' Liability. Should any 1 of the above described policies by canceled or changed before the expiration date thereof, the issuing company will mail thirty (30) days written notice to the certificate holder named below. SIGNATURE OF AUTHORIZED REPRESENTATIVE Typed Name: Title: BOND NUMBER BD43001 WARRANTY BOND KNOW ALL MEN BY THESE PRESENTS, That we, Big Tex Paving, Inc. AMOUNT $344,768.12 (hereinafter called the "Principal ") as Principal, and the commercial Indemnity Insurance c a. Corporation duly organized under the laws of the State of Texas and duly licensed to transact business in the State of TExas (hereinafter called the "Surety"), as Surety, are held and firmly bound unto THE CITY OF ROUND ROCK, TEXAS (hereinafter called the "Obligee "), in the Sum of Thre Hundred Forty-Four Thousand Seven Hundred Sixty -Eight and 12/100 dollars ($ 344.768.12 ) for the payment of which sum well and truly to be made, we, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly, by these presents. Sealed with our seals and dated this 9th day of May , A.D. two thousand and o0 WHEREAS, the said Principal has heretofore entered into a contract with City of Round Rock Dated , 2000, for construction of: STREET MAINTENANCE PROGRAM PHASE 1 / SEAL COAT- 2000 WHEREAS, the said Principal is required to guarantee the construction of all improvements installed under said contract, against defects in materials or workmanship, which may develop during the period of one year(s) from the date of acceptance of the project above described, by Owner: The City of Round Rock, Texas NOW, THEREFORE, THE CONDITIONS OF THE OBLIGATIONS IS SUCH, that if said Principal shall faithfully carry out and perform the said guarantee, and shall, on due notice, repair and make good at its own expense any and all defects in materials or workmanship in the said work which may develop during the period of one year(s) from the date of acceptance of the project above described, by Owner: The City of Round Rock, Texas poalbid.malapec "aster PBD-8 1 1 WARRANTY BOND (continued) OR shall pay over, make good and reimburse to the said Obligee all loss and damage which said Obligee may sustain by reason of failure or default of said Principal so to do, then this ' obligation shall be null and void; otherwise shall remain in full force and effect. Big Tex Paving, Inc. Commercial Indemnity Insurance Company Princip Surety By: c�— By: t Plea c ) Title p p d e ,4L Q O Address Johnson City, TX Austin, TX 78704 Resident Agent of Surety: ' Time Insurance Agency Printed Name 1507 South IH -35 1 Address I Austin, TX 78741 City, State & Zip Code 1 A l � ,. �l t t f Si ii e 1 1 1 1 poslbid.mst/spec master PBD -9 Anna M.Hilt, Attorney -in - Fact Title 2550 South IH -35, Suite 100 Address 4.0 GENERAL CONDITIONS 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 Contents 1. Definition of Terms 1.01 - Owner, Contractor and Engineer 1.02 - Contract Documents 1.03 - Subcontractor 1.04 - Sub - Subcontractor 1.05 - Written Notice 1.06 - Work 1.07 - Extra Work 1.08 - Working Day 1.09 - Calendar Day 1.10 - Substantially Completed 2.01 - Owner - Engineer Relationship 2.02 - Professional Inspection by Engineer 2.03 - Payments for Work 2.04 - Initial Determinations 2.05 - Objections 2.06 - Lines and Grades 2.07 - Contractor's Duty and Superintendence 2.08 - Contractor's Understanding 2.09 - Character of Workers 2.10 - Contractor's Buildings 2.11 - Sanitation 2.12 - Shop Drawings 2.13 - Preliminary Approval 2.14 - Defects and Their Remedies 2.15 - Changes and Alterations 2.16 - Inspectors 1 gencond.msdspec master 1 General Conditions of Agreement 2. Responsibilities of the Engineer and the Contractor 3. General Obligations and Responsibilities 3.01 - Keeping of Plans and Specifications Accessible 3.02 - Ownership of Drawings 3.03 - Adequacy of Design 3.04 - Right of Entry GC -1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 3. General Obligations and Responsibilities (cont'd) 3.05 - Collateral Contracts 3.06 - Discrepancies and Omissions 3.07 - Equipment, Materials and Construction Plant 3.08 - Damages 3.09 - Protection Against Accident to Employees and the Public 3.10 - Performance and Payment Bonds 3.11 - Losses from Natural Causes 3.12 - Protection of Adjoining Property 3.13 - Protection Against Claims of Subcontractors, etc. 3.14 - Protection Against Royalties or Patented Invention 3.15 - Laws and Ordinances 3.16 - Assignment and Subletting 3.17 - Indemnification 3.18 - Insurance 3.19 - Final Clean -Up 3.20 - Guarantee Against Defective Work 3.21 - Testing of Materials 3.22 - Wage Rates 4. Prosecution and Progress 4.01 - Time and Order of Completion 4.02 - Extension of Time 4.03 - Hindrances and Delays 5. Measurement and Payment 5.01 - Quantities and Measurements 5.02 - Estimated Quantities 5.03 - Price of Work 5.04 - Partial Payments 5.05 - Use of Completed Portions 5.06 - Final Completion and Acceptance 5.07 - Final Payment 5.08 - Payments Withheld 5.09 - Delayed Payments gencond.mst/spec master GC - 1 1 1 1 1 1 8. Subcontractors 1 1 1 1 1 1 1 1 1 1 1 1 6. Extra Work and Claims 6.01 - Change Orders 6.02 - Minor Changes 6.03 - Extra Work 6.04 - Time of Filing Claims 6.05 - Continuing Performance 7. Abandonment of Contract 7.01 - Abandonment by Contractor 7.02 - Abandonment by Owner 8.01 - Award of Subcontracts for Portions of Work 8.02 - Subcontractual Relations 8.03 - Payments to Subcontractors 9. Separate Contracts 9.01 - Owner's Right to Award Separate Contracts 9.02 - Mutual Responsibility of Contractors 9.03 - Cutting and Patching Under Separate Contracts 10. Protection of Persons and Property 10.01 - Safety Precautions and Programs 10.02 - Safety of Persons and Property 10.03 - Location and Protection of Utilities gencond.mst/spec master GC - 1. Definition of Terms 1.01 Owner, Contractor and Engineer The Owner, the Contractor and the Engineer and those persons or organizations identified as such in the Agreement are referred to throughout the Contract Documents as if singular in number and masculine in gender. The term "Engineer" means the Engineer or his duly authorized representative. The Engineer shall be understood to be the Engineer of the Owner, and nothing contained in the Contract Documents shall create any contractual or agency relationship between the Engineer and the Contractor. 1.02 Contract Documents The Contract Documents shall consist of the Notice to Contractors, Instructions to Bidders, Proposal, Signed Agreement, Performance and Payment Bonds (when required), Special Bonds (when required), General Conditions of the Agreement, Construction Specifications, Plans and all modifications thereof incorporated in any such documents before the execution of the agreement. The Contract Documents are complementary, and what is called for by any one shall be as binding as if called for by all. In case of conflict between any of the Contract Documents, priority of interpretation shall be in the following order: Signed Agreement, Performance and Payment Bonds, Special Bonds (if any), Proposal, Special Conditions of Agreement, Notice to Contractors, Technical Specifications, Plans, and General Conditions of Agreement. 1.03 Subcontractor General Conditions of Agreement The term "Subcontractor," as employed herein, includes only those having a direct contract with the Contractor. It includes one who furnishes material worked to special design according to the plans or specifications of this work, but does not include one who merely furnishes material not so worked. 1.04 Sub - Subcontractor The term "Sub- Subcontractor" means one who has a direct or indirect contract with a Subcontractor to perform any of the work at the site. It includes one who furnishes material worked to a special design according to the plans or specifications of this work, but does not include one who merely furnishes material not so worked. gencond.mstispec master GC-4 1.05 Written Notice 1.06 Work Written notice shall be deemed to have been duly served if delivered in person to the individual or to an officer of the corporation for whom it is intended, or if delivered to or sent by registered mail to the last business address known to him who gives the notice. The Contractor shall provide and pay for all materials, machinery, equipment, tools, superintendence, labor, services, insurance, and all water, light, power, fuel, transportation and other facilities necessary for the execution and completion of the work covered by the Contract Documents. Unless otherwise specified, all materials shall be new and both workmanship and materials shall be of a good quality. The Contractor shall, if required, furnish satisfactory evidence as to the kind and quality of materials. Materials or work described in words which, when so applied, have a well -known technical or trade meaning shall be held to refer to such recognized standards. 1.07 Extra Work The term "Extra Work" shall be understood to mean and include all work that may be required by the Engineer or the Owner to be done by the Contractor to accomplish any change, alteration or addition to the work shown upon the plans, or reasonably implied by the specifications, and not covered by the Contractor's Proposal, except as provided under "Changes and Alterations" herein. 1.08 Working Day The term "Working Day" is defined as any day not including Saturdays, Sundays or any legal holidays, in which weather or other conditions, not under the control of the Contractor, will permit construction of the principal units of the work for a period of not less than seven (7) hours between 7:00 a.m. and 6:00 p.m. 1.09 Calendar Day The term "Calendar Day" is defined as any day of the week or month, no days being excepted. 1.10 Substantially Completed The term "Substantially Completed" shall be understood to mean that the structure has been made suitable for use or occupancy or that the facility is in condition to serve its intended purpose, but still may require minor miscellaneous work and adjustment. gencond.msdspec master GC -5 2. Responsibilities of the Engineer and the Contractor 2.01 Owner- Engineer Relationship The Engineer will be the Owner's representative during construction. The duties, responsibilities and limitations of authority of the Engineer as the Owner's representative during construction are as set forth in the Contract Documents and shall not be extended or limited without written consent of the Owner and the Engineer. The Engineer will advise and consult with the Owner, and all of the Owner's instructions to the Contractor shall be issued through the Engineer. 2.02 Professional Inspection by Engineer The Engineer shall make periodic visits to the site to familiarize himself with the progress of the executed work and to determine if such work meets the essential performance and design features and the technical and functional engineering requirements of the Contract Documents; provided and except, however, that the Engineer shall not be responsible for making any detailed, exhaustive, comprehensive or continuous on -site inspection of the quality or quantity of the work or be responsible, directly or indirectly, for the construction means, methods, techniques, sequences, quality, procedures, programs, safety precautions or lack of same incident thereto or in connection therewith. Notwithstanding any other provision of this agreement or any other Contract Document, the Engineer shall not be responsible or liable for any acts, errors, omissions or negligence of the Contractor, any Subcontractor or any of the Contractor's or Subcontractor's agents, servants or employees or any other person, firm or corporation performing or attempting to perform any of the work. 2.03 Payments for Work The Engineer shall review the Contractor's applications for payment and supporting data, determine the amount owed to the Contractor and recommend, in writing, payment to the Contractor in such amounts; such recommendation of payment to the Contractor constitutes a representation to the Owner of the Engineer's professional judgement that the work has progressed to the point indicated to the best of his knowledge, information and belief, but such recommendation of an application for payment to the Contractor shall not be deemed as a representation by the Engineer that the Engineer has made any examination to determine how or for what purpose the Contractor has used the monies paid on account of the contract price. 2.04 Initial Determinations The Engineer initially shall determine all claims, disputes and other matters in question between the Contractor and the Owner relating to execution or progress of the work or interpretation of the Contract Documents. The Engineer's decision shall be rendered in gencond.mst/spec master GC -6 writing within a reasonable time, which shall not be construed to be less than ten (10) days. 2.05 Objections In the event the Engineer renders any decision which, in the opinion of either party hereto, is not in accordance with the meaning and intent of this contract, either party may file with the Engineer within thirty (30) days his written objection to the decision, and by such action may reserve the right to submit the question so raised to litigation as hereinafter provided. 2.06 Lines and Grades Unless otherwise specified, all lines and grades shall be furnished by the Engineer or his representative. Whenever necessary, construction work shall be suspended to permit performance of this work, but such suspension will be as brief as practicable and the Contractor shall be allowed no extra compensation therefor. The Contractor shall give the Engineer reasonable notice of the time and place where lines and grades will be needed. All stakes, marks, etc., shall be carefully preserved by the Contractor, and in case of careless destruction or removal by him or his employees, such stakes, marks, etc., shall be replaced at the Contractor's expense. 2.07 Contractor's Duty and Superintendence The Contractor shall give adequate attention to the faithful prosecution and completion of this contract and shall keep on the work, during its progress, a competent English- speaking Superintendent and any necessary assistants to supervise and direct the work. The Superintendent shall represent the Contractor in his absence and all directions given to him shall be as binding as if given to the Contractor. The Contractor is and at all times shall remain an independent contractor, solely responsible for the manner and method of completing his work under this contract, with full power and authority to select the means, method and manner of performing such work, so long as such methods do not adversely affect the completed improvements, the Owner and the Engineer being interested only in the result obtained and conformity of such completed improvements to the plans, specifications and contract. Likewise, the Contractor shall be solely responsible for the safety of himself, his employees and other persons, as well as for the protection and safety of the improvements being erected and the property of himself or any other person, as a result of his operations hereunder. Engineering construction drawings and specifications, as well as any additional information concerning the work to be performed passing from or through the Engineer, shall not be interpreted as requiring or allowing the Contractor to deviate from the plans and specifications; the intent of such drawings, specifications and any other such information being to define with specificity the agreement of the parties as to the work the Contractor is to perform. The Contractor shall be fully and completely liable, at his own expense, for gencond.mst/spec master GC -7 design, construction, installation, and use or non -use of all items and methods incident to performance of the contract, and for all loss, damage or injury incident thereto, either to person or property, including, without limitation, the adequacy of all temporary supports, shoring, bracing, scaffolding, machinery or equipment, safety precautions or devices, and similar items or devices used by him during construction. Any review of work in process, or any visit or observation during construction, or any clarification of plans and specifications, by the Engineer or the Owner, or any agent, employee, or representative of either of them, whether through personal observation on the project site or by means of approval of shop drawings for temporary construction or construction processes, or by other means or methods, is agreed by the Contractor to be for the purpose of observing the extent and nature of work completed or being performed, as measured against the drawings and specifications constituting the contract, or for the purpose of enabling the Contractor to more fully understand the plans and specifications so that the completed construction work will conform thereto, and shall in no way relieve the Contractor firm full and complete responsibility for the proper performance of his work on the project, including but not limited to the propriety of means and methods of the Contractor in performing said contract, and the adequacy of any designs, plans or other facilities for accomplishing such performance. Deviation by the Contractor from plans and specifications that may have been in evidence during any such visitation or observation by the Engineer, or any of his representatives, whether called to the Contractor's attention or not, shall in no way relieve the Contractor from his responsibility to complete all work in accordance with said plans and specifications. 2.08 Contractor's Understanding It is understood and agreed that the Contractor has, by careful examination, satisfied himself as to the nature and location of the work, the conformation of the ground, the character, quality and quantity of the materials to be encountered, the character of equipment and facilities needed preliminary to and during the prosecution of the work, the general and local conditions, and all other matters which can in any way affect the work under this contract. The Contractor agrees that he will make no claim against the Owner or the Engineer if, in the prosecution of the work, he finds that the actual site or subsurface conditions encountered do not conform to those indicated by excavation, test excavation, test procedures, borings, explorations or other subsurface excavations. No verbal agreement or conversation with any officer, agent or employee of the Owner or the Engineer either before or after the execution of this contract, shall affect or modify any of the terms or obligations herein contained. 2.09 Character of Workers The Contractor agrees to employ only orderly and competent workers, skillful in the performance of the type of work required under this contract, to do the work; and agrees that whenever the Engineer shall inform him in writing that any workers on the work are, in his opinion, incompetent, unfaithful or disorderly, or refuse instructions from the Engineer in the gencond.mstlspec master GC -8 absence of the Superintendent, such worker shall be discharged from the work and shall not again be employed on the work without the Engineer's written consent. No illegal alien may be employed by any Contractor for work on this project, and a penalty of $500.00 per day will be assessed for each day and for each illegal alien who works for the Contractor at this project. 2.10 Contractor's Buildings The building of structures for housing workers, or the erection of tents or other forms of protection, will be permitted only at such places as the Engineer shall direct, and the sanitary conditions of the grounds in or about such structures shall at all times be maintained in a manner satisfactory to the Engineer. 2.11 Sanitation Necessary sanitary conveniences for the use of laborers on the work, properly secluded from public observation, shall be constructed and maintained by the Contractor in such manner and at such points as shall be approved by the Engineer, and their use shall be strictly enforced. 2.12 Shop Drawings The Contractor shall submit to the Engineer, with such promptness as to cause no delay in his own work or in that of any other Contractor, four (4) checked copies, unless otherwise specified, of all shop and/or setting drawings and schedules required for the work of the various trades, and the Engineer shall pass upon them with reasonable promptness, making desired corrections. The Contractor shall make any corrections required by the Engineer, file with him two (2) corrected copies and furnish such other copies as may be needed. The Engineer's review of such drawings or schedules shall not relieve the Contractor from responsibility for deviations from drawings or specifications, unless he has in writing called the Engineer's attention to such deviations at the time of submission, nor shall it relieve him from responsibility for errors of any sort in shop drawings or schedules. It shall be the Contractor's responsibility to fully and completely review all shop drawings to ascertain their effect on his ability to perform the required contract work in accordance with the plans and specifications and within the contract time. Such review by the Engineer shall be for the sole purpose of determining the general conformity of said shop drawings or schedules to result in finished improvements in conformity with the plans and specifications, and shall not relieve the Contractor of his duty as an independent contractor as previously set forth, it being expressly understood and agreed that the Engineer does not assume any duty to pass upon the propriety or adequacy of such drawings or schedules, or any means or methods reflected thereby, in relation to the safety of either person or property during the Contractor's performance hereunder. gencond.mst/spec master GC - 2.13 Preliminary Approval The Engineer shall not have the power to waive the obligations of this contract for the furnishing by the Contractor of good material, and of his performing good work as herein described, and in full accordance with the plans and specifications. No failure or omission of the Engineer to discover, object to or condemn any defective work or material shall release the Contractor from the obligations to fully and properly perform the contract, including without limitation, the obligation to at once tear out, remove and properly replace any defective work or material at any time prior to final acceptance upon the discovery of said defective work or material; provided, however, that the Engineer shall, upon request of the Contractor, inspect and accept or reject any material fumished, and in the event the material has been once accepted by the Engineer, such acceptance shall be binding on the Owner unless it can be clearly shown that such material fumished does not meet the specifications for this work. Any questioned work may be ordered taken up or removed for re- examination by the Engineer, prior to final acceptance, and if found not in accordance with the plans and/or specifications for said work, all expense of removing, re- examination and replacement shall be bome by the Contractor. Otherwise, the expense thus incurred shall be allowed as Extra Work and shall be paid for by the Owner; provided that, where inspection or approval is specifically required by the specifications prior to performance of certain work, should the Contractor proceed with such work without requesting prior inspection or approval he shall bear all expense of taking up, removing, and replacing this work if so directed by the Engineer. 2.14 Defects and Their Remedies It is further agreed that if the work or any part thereof, or any material brought on the site of the work for use in the work or selected for the same, shall be deemed by the Engineer as unsuitable or not in conformity with the plans, specifications, or the intent thereof, the Contractor shall, after receipt of written notice thereof from the Engineer, forthwith remove such material and rebuild or otherwise remedy such work so that it shall be in full accordance with this contract. 2.15 Changes and Alterations The Contractor further agrees that the Owner may make such changes and alterations as the Owner may see fit in the line, grade, form, dimensions, plans or materials for the work herein contemplated, or any part thereof, either before or after the beginning of the construction, without affecting the validity of this contract and the accompanying performance and payment Bonds. If such changes or alterations diminish the quantity of the work to be done, they shall not constitute the basis for a claim for damages or anticipated profits on the work that may be gencond.mstdspec master GC -10 dispensed with, except as provided for unit price items under Section 5 "Measurement and Payment". If the amount of work is increased, and the work can fairly be classified under the specifications, such increase shall be paid for according to the quantity actually done and at the unit price, if any, established for such work under this contract, except as provided for unit price items under Section 5 "Measurement and Payment ". Otherwise, such additional work shall be paid for as provided under Extra Work. In the event the Owner makes such changes or alterations as shall make useless any work already done or material already fumished or used in said work, then the Owner shall compensate the Contractor for any material or labor so used, and for any actual loss occasioned by such change, due to actual expense incurred in preparation for the work as originally planned. 2.16 Inspectors The Engineer may provide one (or more) field inspectors at the work site for the limited purpose of observing the work in progress and reporting back to the Engineer on the extent, nature, manner and performance of the work so that the Engineer may more effectively perform his duties hereunder. Such inspectors may also communicate between the Engineer and the Contractor their respective reports, opinions, questions, answers and clarifications concerning the plans, specifications and work but shall not be deemed the agent of the Contractor for all purposes in communicating such matters. Such inspectors may confer with the Contractor or the Contractor's Superintendent concerning the prosecution of the work and its conformity with the plans and specifications but shall never be, in whole or part, responsible for or charged with, nor shall he assume any authority or responsibility for the means, methods or manner of completing the work or of the superintendence of the work or of the Contractor's employees. It is expressly understood and agreed that any such inspector is not authorized by the Engineer or the Owner to independently act for either or answer on behalf of either, any inquiries of the Contractor concerning the plans, specifications or work. No inspector's opinion, advice, interpretation of the plans or specifications of this contract, apparent or express approval of the means or methods or manner of the Contractor's performance of work in progress or completed, or discovery or failure to discover or object to defective work of materials shall release the Contractor from his duty to complete all work in strict accordance with the plans and specifications or stop the Owner or the Engineer from requiring that all work be fully and properly performed including, if necessary, removal of defective or otherwise unacceptable work and the re -doing of such work. 3. General Obligations and Responsibilities 3.01 Keeping of Plans and Specifications Accessible The Engineer shall furnish the Contractor with an adequate and reasonable number of copies of all plans and specifications without expense to him and the Contractor shall keep one (1) gencond.mst/spec master GC - copy of the same constantly accessible on the work, with the latest revisions noted thereon. 3.02 Ownership of Drawings All drawings, specifications and copies thereof furnished by the Engineer shall not be reused on other work, and, with the exception of the signed contract sets, are to be returned to him on request, at the completion of the work. All models are the property of the Owner. 3.03 Adequacy of Design It is understood that the Owner believes it has employed competent engineers and designers. It is therefore agreed that the Owner shall be responsible for the adequacy of the design, sufficiency of the Contract Documents, the safety of the structure and the practicability of the operations of the completed project provided that the Contractor has complied with the requirements of the said Contract Documents, all approved modifications thereof, and additions and alterations thereto approved in writing by the Owner. The burden of proof of such compliance shall be upon the Contractor to show that he has complied with the said requirements of the Contract Documents, approved modifications thereof, and all approved additions and alterations thereto. 3.04 Right of Entry The Owner reserves the right to enter the property or location at which the works herein contracted for are to be constructed or installed, by such agent or agents as he may elect, for the purpose of inspecting the work or for the purpose of constructing or installing such collateral work as the Owner may desire. 3.05 Collateral Contracts The Owner agrees to provide, by separate contract or otherwise, all labor and material essential to the completion of the work specifically excluded from this contract, in such manner so as not to unreasonably delay the progress of the work or damage the Contractor, except where such delays are specifically mentioned elsewhere in the Contract Documents. The Owner will attempt to coordinate the collateral work of utility companies regulated by City franchises, but the City shall not be responsible for delays or other damages to the Contractor which may result from their acts or omissions. 3.06 Discrepancies and Omissions The Contractor shall provide written notice to the Engineer of any omissions or discrepancies found in the contract. It is further agreed that it is the intent of this contract that all work must be done and all material must be furnished in accordance with generally accepted practices for construction. In the event of any discrepancies between the separate Contract Documents, the priority of interpretation defined under "Contract Documents" shall govern. gencond.mst/spec master GC -12 In the event that there is still any doubt as to the meaning and intent of any portion of the contract, specifications or drawings, the Engineer shall define what is intended to apply to the work. 3.07 Equipment, Materials and Construction Plant The Contractor shall be responsible for the care, preservation, conservation, and protection of all materials, supplies, machinery, equipment, tools, apparatus, accessories, facilities, all means of construction, and any and all parts of the work, whether the Contractor has been paid, partially paid, or not paid for such work, until the entire work is completed and accepted. 3.08 Damages In the event the Contractor is damaged in the course of completion of the work by the act, negligence, omission, mistake or default of the Owner or the Engineer, thereby causing loss to the Contractor, the Owner agrees that he will reimburse the Contractor for such loss. In the event the Owner is damaged in the course of the work by the act, negligence, omission, mistake or default of the Contractor, or should the Contractor unreasonably delay the progress of the work being done by others on the job so as to cause loss for which the Owner becomes liable, then the Contractor shall reimburse the Owner for such loss. 3.09 Protection Against Accident to Employees and the Public The Contractor shall at all times exercise reasonable precautions for the safety of employees and others on or near the work and shall comply with all applicable provisions of federal, state, and municipal safety laws and building and construction codes. All machinery and equipment and other physical hazards shall be guarded in accordance with the "Manual of Accident Prevention in Construction" of the Associated General Contractors of America, except where incompatible with federal, state, or municipal laws or regulations. The Contractor shall provide such machinery guards, safe walkways, ladders, bridges, gangplanks, and other safety devices. The safety precautions actually taken and their adequacy shall be the sole responsibility of the Contractor, acting at his discretion as an independent contractor. In the event there is an accident involving injury to any individual on or near the work, the Contractor shall immediately notify the Owner and the Engineer of the event and shall be responsible for recording the location of the event and the circumstances surrounding the event through photographs, interviewing witnesses, obtaining of medical reports and other documentation that defines the event. Copies of such documentation shall be provided to the Owner and the Engineer for their records. gencond.mst/spec master GC -13 3.10 Performance and Payment Bonds Unless otherwise specified, it is further agreed by the parties to the contract that the Contractor will execute separate performance and payment bonds, each in the sum of one hundred (100 %) percent of the total contract price, on standard forms for this purpose, guaranteeing faithful performance of the work and the fulfillment of any guarantee required, and further guaranteeing payment to all persons supplying labor and materials or furnishing him any equipment in the execution of the contract. If the contract price is $25,000.00 or less, no payment or performance bond shall be required. It is agreed that the contract shall not be in effect until such performance and payment bonds are furnished and approved by the Owner. Unless otherwise specified, the cost of the premium for the performance and payment bonds shall be included in the price bid by the Contractor for the work under this contract, and no extra payment for such bonds will be made by the Owner. Unless otherwise approved in writing by the Owner, the surety company underwriting the bonds shall be licensed to write such bonds in the State of Texas. 3.11 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 the action of the elements, or from any unforeseen circumstance in the prosecution of the same, or from unusual obstructions or difficulties which may be encountered in the prosecution of the work, shall be sustained and borne by the Contractor at his own cost and expense. 3.12 Protection of Adjoining Property The said Contractor shall take proper means to protect the adjacent or adjoining property or properties, in any way encountered, which might be injured or seriously affected by any process of construction to be undertaken under this agreement, from any damage or injury by reason of said process of construction; and he shall be liable for any and all claims for such damage on account of his failure to fully protect all adjoining property. The Contractor agrees to indemnify, save and hold harmless the Owner and the Engineer against any claim or claims for damages due to any injury to any adjacent or adjoining property, arising or growing out of the performance of the contract regardless of whether or not it is caused in part by a party indemnified hereunder, but any such indemnity shall not apply to any claim of any kind arising solely out of the existence or character of the work. 3.13 Protection Against Claims of Subcontractors, Laborers, Materialmen and Furnishers of Machinery, Equipment and Supplies The Contractor agrees that he will indemnify and save the Owner and the Engineer harmless gencond.mstlspec master GC -14 from all claims growing out the lawful demands of Subcontractors, laborers, workers, mechanics, materialmen and furnishers of machinery and parts thereof, equipment, power tools, and all supplies, including commissary, incurred in the furtherance of the performance of this contract. When so desired by the Owner, the Contractor shall furnish satisfactory evidence that all obligations of the nature hereinabove designated have been paid, discharged or waived. If the Contractor fails to do so, then the Owner may either pay directly any unpaid bills of which the Owner has written notice, or may withhold from the Contractor's unpaid compensation a sum of money deemed reasonably sufficient to liquidate any and all such lawful claims. When satisfactory evidence is furnished that all liabilities have been fully discharged, payments to the Contractor shall be resumed in full in accordance with the terms of this contract, but in no event shall the provisions of this sentence be construed to impose any obligation upon the Owner by either the Contractor or his surety. 3.14 Protection Against Royalties or Patented Invention The Contractor shall pay all royalties and license fees, and shall provide for the use of any design, device, material or process covered by letter patent or copyright by suitable legal agreement with the patentee or owner. The Contractor shall defend all suits or claims for infringement of any patent or copyright rights and shall indemnify and save the Owner and the Engineer harmless from any loss on account thereof, except that the Owner shall defend all such suits and claims and shall be responsible for all such loss when a particular design, device, material or process or the product of a particular manufacturer or manufacturers is specified or required by the Owner; provided, however, if choice of alternate design, device, material or process is allowed to the Contractor, then the Contractor shall indemnify and save the Owner harmless form any loss on account thereof. If the material or process specified or required by the Owner is known by the Contractor to be an infringement, the Contractor shall be responsible for such loss unless he promptly gives such information to the Owner. 3.15 Laws and Ordinances The Contractor shall at all times observe and comply with all federal, state and local laws, ordinance and regulations, which in any manner affect the contract or the work, and shall indemnify and save harmless the Owner and the Engineer against any claim arising from the violation of any such laws, ordinances, and regulations whether by the Contractor or his employees, except where such violations are called for by the provisions of the Contract Documents. If the Contractor observes that the plans and specifications are at variance therewith, he shall promptly notify the Engineer in writing, and any necessary changes shall be prepared as provided in the contract for changes in the work. If the Contractor performs any work knowing it to be contrary to such laws, ordinances, rules and regulations, and without such notice to the Engineer, he shall bear all costs arising therefrom. In case the Owner is a body politic and corporate, the law from which it derives its powers, insofar as the same regulates the objects for which, or the manner in which, or the conditions under which the Owner may enter into contract, shall be controlling and shall be considered as part of this contract to the same effect as though embodied herein. gencond.mst/spec master GC -15 3.16 Assignment and Subletting The Contractor further agrees that he will retain personal control and will give his personal attention to the fulfillment of this contract and that he will not assign by Power of Attorney or otherwise, or sublet said contract without the written consent of the Engineer, and that no part or feature of the work will be sublet to anyone objectionable to the Engineer or the Owner. The Contractor further agrees that the subletting of any portion or feature of the work, or materials required in the performance of this contract, shall not relieve the Contractor from his full obligations to the Owner as provided by this agreement. 3.17 Indemnification The Contractor shall defend, indemnify and hold harmless the Owner and the Engineer and their respective officers, agents and employees, from and against all damages, claims, losses, demands, suits, judgements and costs, including reasonable attorneys' fees and expenses, arising out of or resulting from the performance of the work, provided that any such damage, claim, loss, demand, suit, judgment, cost or expense: 1. is attributable to bodily injury, sickness, disease or death of any person including Contractor's employees and any Subcontractor's employees and any Sub - subcontractor's employees, or to injury to or destruction of tangible property including Contractor's property (other than the work itself) and the property of any Subcontractor of Sub - subcontractor including the loss of use resulting therefrom; and, 2. is caused in whole or in part by any intentional or negligent act or omission of the Contractor, any Subcontractor, any Sub - subcontractor or anyone directly or indirectly employed by any one of them or anyone for whose acts any of them may be liable, regardless of whether or not it is caused in part by a party indemnified hereunder. The obligation of the Contractor under this paragraph shall not extend to the liability of the Engineer, his agents or employees arising out of the preparation of maps, plans, reports, surveys, change orders, designs or specifications, or the approval of maps, plans, reports, surveys, change orders, designs or specifications or the issuance of or the failure to give directions or instructions by the Engineer, his agents or employees, provided such is the sole cause of the injury or damage. In any and all claims against the Owner or the Engineer or any of their agents or employees by any employee of the Contractor, any Subcontractor, any Sub - subcontractor, anyone directly or indirectly employed by any of them, or anyone for whose acts any of them may be liable, the indemnification obligation under Paragraph 3.17 shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or gencond.mst/spec master GC -16 for the Contractor or any Subcontractor or Sub - subcontractor under workers' compensation acts, disability benefit acts or other employee benefit acts. 3.18 Insurance The Contractor shall carry insurance as follows for the duration of this contract. A. Statutory Workmen's Compensation. Definitions: gencond.mst/spec master Certificate of coverage ( "certificate ") - a copy of a certificate of insurance, a certificate of authority to self - insure issued by the Texas Workers' Compensation 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 project. Duration of the proiect - 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 governmental entity. Persons providing services on the proiect ( "subcontractor" in § 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. The Contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, that 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. This coverage shall include the following terms: (a) Employer's Liability limits of $100,000.00 for each accident is required. (b) "Texas Waiver of Our Right to Recover From Others" Endorsement GC -17 gencond.mstlspec master WC 42 03 04 shall be included in this policy. ( c) Texas must appear in Item 3A of the Worker's Compensation coverage or Item 3C must contain the following: "As States except those listed in 3A and the States of NV, ND, OH, WA, WV, and WY" The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the contract. 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 governmental entity showing that coverage has been extended. The Contractor shall obtain from each person providing services on a project, and provide to the governmental entity: (a) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and (b) no later than seven (7) calendar 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. The Contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter. The Contractor shall notify the governmental entity in writing by certified mail or personal delivery, within ten (10) calendar 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. 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. The Contractor shall contractually require each person with whom it contracts to provide services on the project to: GC -18 gencond.mst/spec master (a) provide coverage, based on proper reporting of classification codes and payroll amounts of filing of any coverage agreements, that 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; (b) provide to the Contractor, prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project, for the duration of the project; (c) 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; (d) obtain from each other person with whom it contracts, and provide to the Contractor: (1) a certificate of coverage, prior to the other person beginning work on the project; and (2) a new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage penod shown on the current certificate of coverage ends during the duration of the project; (e) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; notify the governmental entity in writing by certified mail or personal delivery, within ten (10) calendar 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 contractually require each person with whom it contracts to perform as required by paragraphs (a) - (g), with the certificates of coverage to be provided to the person for whom they are providing services. (f) (g) By signing this contract, or providing or causing to be provided a certificate of coverage, the Contractor is representing to the governmental entity 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 GC -19 administrative penalties, criminal penalties, civil penalties, and/or other civil actions. The Contractor's failure to comply with any of these provisions is a breach of contract by the contractor that entitles the governmental entity to declare the contract void if the Contractor does not remedy the breach within ten (10) calendar days after the receipt of notice of breach from the governmental entity. B. Comprehensive General Liability Insurance with minimum Bodily Injury limits of $300,000 for each occurrence including like coverage for acts and omissions of Subcontractors and contractual liability coverage. C. Property Damage Insurance with minimum limits of $50,000 for each occurrence including like coverage for acts and omissions of Subcontractors and contractual liability coverage. D. Automobile Liability Insurance for all owned, non - owned, and hired vehicles with minimum limits for Bodily Injury of $100,000 for each person and $300,000 for each occurrence and Property Damage minimum limits of $50,000 for each occurrence. Contractor shall require Subcontractors to provide Automobile Liability Insurance with same minimum limits. The Contractor shall not commence work at the site under this contract until he has obtained all required insurance and until such insurance has been approved by the Owner and the Engineer. The Contractor shall not allow any Subcontractors to commence work until all insurance required has been obtained and approved. Approval of the insurance by the Owner and the Engineer shall not relieve or decrease the liability of the Contractor hereunder. The required insurance must be written by a company licensed to do business in Texas at the time the policy is issued. In addition, the company must be acceptable to the Owner and all insurance (other than workers' compensation) shall be endorsed to include the Owner as an additional insured thereunder. The Contractor shall not cause any insurance to be cancelled nor permit any insurance to lapse. All insurance certificates shall include a clause to the effect that the policy shall not be cancelled or reduced, restricted or limited until ten (10) days after the Owner has received written notice as evidenced by return receipt of registered or certified letter. Certificates of insurance shall contain transcripts from the proper office of the insurer, evidencing in particular those insured, the extent of the insurance, the location and the operations to which the insurance applies, the expiration date, and the above - mentioned notice of cancellation clause. 3.19 Final Clean -up Upon the completion of the work and before acceptance and final payment will be made, the Contractor shall clean and remove from the site of the work all surplus and discarded gencond.mstlspec master GC -20 materials, temporary structures and debris of every kind. He shall leave the site of the work in a neat and orderly condition at least equal to that which originally existed. Surplus and waste materials removed from the site of the work shall be disposed of at locations satisfactory to the Engineer. In the event the Contractor fails or refuses to clean and remove surplus materials and debris as above provided, the Owner or the Engineer may do so, or cause same to be done, at the Contractor's expense, and the reasonable cost thereof shall be deducted from the final payment. 3.20 Guarantee Against Defective Work The Contractor warrants the materials and workmanship and that the work is in conformance with the plans and specifications included in this contract for a period of one year from the date of acceptance of the project. Said warranty binds the Contractor to correct any work that does not conform with such plans and specifications or any defects in workmanship or materials furnished under this contract which may be discovered within the said one year period. The Contractor shall at his own expense correct such defect within thirty (30) days after receiving written notice of such defect from the Owner or the Engineer by repairing same to the condition called for in the Contract Documents and plans and specifications. Should the Contractor fail or refuse to repair such defect within the said thirty (30) day period or to provide acceptable assurances that such repair work will be completed within a reasonable time thereafter, the Owner may repair or cause to be repaired any such defect at the Contractor's expense. 3.21 Testing of Materials Unless otherwise specified, testing of all materials to be incorporated into the project will be as directed by the Engineer at the expense of the Owner. All retesting for work rejected on the basis of test results will be at the expense of the Contractor and the extent of the retesting shall be determined by the Engineer. The Engineer may require additional testing for failing tests and may require two (2) passing retests before acceptance will be made by the Owner. The testing laboratory will be designated by the Owner. All materials to be incorporated into the project must meet the requirements of these specifications. For manufactured materials such as reinforcing steel, expansion joint materials, concrete pipe, cement, miscellaneous steel, cast iron materials, etc., the Contractor will be required to furnish a manufacturer's certificate stating that the material meets the requirements specified for this project. 3.22 Wage Rates (Information From Chapter 2258 Texas Government Code Title 10) 2288.021. Duty of Government Entity to Pay Prevailing Wage Rates gencond.mst/spec master GC -21 a. The state or any political subdivision of the state shall pay a worker employed by it or on behalf of it: (1) not less than the general prevailing rate of per diem wages for work of a similar character in the locality in which the work is performed; and (2) not less than the general prevailing rate of per diem wages for legal holiday and overtime work. b. Subsection (a) does not apply to maintenance work. c. A worker is employed on a public work for the purposes of this section if the worker is employed by a contractor or subcontractor in the execution of a contract for the public work with the state, a political subdivision of the state, or any officer or public body of the state or a political subdivision of the state. 2258.023. Prevailing Wage Rates to be Paid by Contractor and Subcontractor; Penalty a. The contractor who is awarded a contract by a public body or a subcontractor of the contractor shall pay not less than the rates determined under Section 2258.022 to a worker employed by it in the execution of the contract. b. A contractor or subcontractor who violates this section shall pay to the state or a political subdivision of the state on whose behalf the contract is made, $60 for each worker employed for each calendar day or part of the day that the worker is paid less than the wage rates stipulated in the contract. A public body awarding a contract shall specify this penalty in the contract. c. A contractor or subcontractor does not violate this section if a public body awarding a contract does not determine the prevailing wage rates, and specify the rates in the contract as provided by Section 2258.022. d. The public body shall use any money collected under this section to offset the costs incurred in the administration of this chapter. e. A municipality is entitled to collect a penalty under this section only if the municipality has a population of more than 10,000. 2258.051. Duty of Public Body to Hear Complaints and Withhold Payment A public body awarding a contract, and an agent or officer of the public body, shall: 1. take cognizance of complaints of all violations of this chapter committed in the execution of the contract; and 2. withhold money forfeited or required to be withheld under this Chapter from the payments to the contractor under the contract, except that, the public body may not withhold money from other than the final payment without determination by the public body that there is good cause to believe that the contractor has violated this chapter. WR1001 July 1997 Applicable wage rates are shown in Section 06 WAGE RATES of the SPECIAL CONDITIONS. gencond.mst/spec master GC -22 4. Prosecution and Progress 4.01 Time and Order of Completion It is the meaning and intent of this contract, unless otherwise herein specifically provided, that the Contractor shall be allowed to prosecute his work at such times and seasons, in such order of precedence, and in such manner as shall be most conducive to economy of construction; provided, however, that the order and the time of prosecution shall be such that the work shall be substantially completed as a whole and in part, in accordance with this contract, the plans and specifications, and within the time of completion designated in the proposal: provided, also, that when the Owner is having other work done, either by contract or by his own force, the Engineer may direct the time and manner of constructing the work done under this contract, so that conflict will be avoided and the construction of the various works being done for the Owner shall be harmonized. The Contractor shall submit, at such times as may reasonably be requested by the Engineer, schedules which shall show the order in which the Contractor proposes to carry on the Work, with dates at which the Contractor will start the several parts of the work, and estimated dates of completion of the several parts. 4.02 Extension of Time Should the Contractor be delayed in the completion of the work by any act or neglect of the Owner or the Engineer, or of any employee of either, or by other contractors employed by the Owner, or by changes ordered in the work, or by strikes, lockouts, fines, and unusual delays by common carriers, or unavoidable cause or causes beyond the Contractor's control, or by any cause which the Engineer shall decide justifies the delay, then an extension of time shall be allowed for completing the work, sufficient to compensate for the delay, the amount of the extension to be determined by the Engineer; provided, however, that the Contractor shall give the Engineer prompt notice in writing of the cause of such delay. Adverse weather conditions will not be justification for extension of time on "Calendar Days" contracts. 4.03 Hindrances and Delays No claims shall be made by the Contractor for damages resulting from hindrances or delays from any cause (except where the work is stopped by order of and for the convenience of the Owner) during the progress of any portion of the work embraced in this contract. In case said work shall be stopped by the act of the Owner, then such expense as in the judgment of the Engineer is caused by such stoppage of said work shall be paid by the Owner to the Contractor. 5. Measurement and Payment 5.01 Quantities and Measurements gencond.mst/spec master GC -23 No extra or customary measurements of any kind will be allowed, but the actual measured and/or computed length, area, solid contents, number and weight only shall be considered, unless otherwise specifically provided. 5.02 Estimated Quantities This agreement, including the specifications, plans and estimate, is intended to show clearly all work to be done and material to be furnished hereunder. Where the estimated quantities are shown for the various classes of work to be done and material to be furnished under this contract, they are approximate and are to be used only as a basis for estimating the probable cost of the work and for comparing the proposals offered for the work. It is understood and agreed that the actual amount of work to be done and material to be fumished under this contract may differ somewhat from these estimates, and that where the basis for payment under this contract is the unit price method, payment shall be for the actual amount of such work done and material famished. Where payment is based on the unit price method, the Contractor agrees that he will make no claim for damages, anticipated profits or otherwise on account of any differences which may be found between the quantities of work actually done, the material actually furnished under this contract and the estimated quantities contemplated and contained in the proposal; provided, however, that in case the actual quantity of any major item should become as much as twenty percent (20 %) more than, or twenty percent (20 %) less than the estimated or contemplated quantity for such items, then either party to this agreement, upon demand, shall be entitled to revised consideration upon the portion of the work above or below twenty percent (20 %) of the estimated quantity. A "Major Item" shall be construed to be any individual bid item incurred in the proposal that has a total cost equal to or greater that five percent (5 %) of the total contract cost, computed on the basis of the proposal quantities and the contract unit prices. Any revised consideration is to be determined by agreement between the parties, otherwise by the terms of this agreement, as provided under "Extra Work". 5.03 Price of Work In consideration of the furnishing of all the necessary labor, equipment and material, and the completion of all work by the Contractor, and on the completion of all work and on the delivery of all material embraced in this contract in full conformity with the specifications and stipulations herein contained, the Owner agrees to pay the Contractor the prices set forth in the proposal hereto attached, which has been made a part of this contract. The Contractor hereby agrees to receive such prices in full for furnishing all material and all labor required for the aforesaid work, also for all expense incurred by him, and for well and truly performing the same and the whole thereof in the manner and according to this agreement. gencond.mst/spec master GC -24 5.04 Partial Payments On or before the first day of each month, the Contractor shall submit to the Engineer a statement showing the total value of the work performed up to and including the 25th day of the preceding month. The statement shall also include the value of all sound materials delivered on the job site and to be included in the work and all partially completed work whether bid as a lump sum or a unit item which in the opinion of the Engineer is acceptable. The Engineer shall examine and approve or modify and approve such statement. The Owner shall then pay the Contractor on or before the 20th day of the current month the total amount of the approved statement, less five percent (5 %) of the amount thereof, which five percent (5 %) shall be retained until final payment, and further less all previous payments and all further sums that may by retained by the Owner under the terms of this agreement. It is understood, however, that in case the whole work be near to completion and some unexpected and unusual delay occurs due to no fault or neglect on the part of the Contractor, then the Owner may, upon written recommendation of the Engineer, pay a reasonable and equitable portion of the retained percentage to the Contractor; or the Contractor, at the Owner's option, may be relieved of the obligation to fully complete the work and, thereupon, the Contractor shall receive payment of the balance due him under the contract subject only to the conditions stated under "Final Payment ". 5.05 Use of Completed Portions The Owner shall have the right to take possession of and use any completed or partially completed portions of the work, notwithstanding the time for completing the entire work or such portions may not have expired. Such taking possession and use shall not be deemed an acceptance of any work not completed in accordance with the Contract Documents. If such prior use increases the cost or delays the work, the Contractor shall be entitled to such extra compensation, extension of time, or both, as the Engineer may determine. The Contractor shall notify the Engineer when, in the Contractor's opinion, the contract is "substantially completed" and when so notifying the Engineer, the Contractor shall furnish to the Engineer in writing a detailed list of unfinished work. The Engineer will review the Contractor's list of unfinished work and will add thereto such items as the Contractor has failed to include. The "substantial completion" of the structure or facility shall not excuse the Contractor from performing all of the work undertaken, whether of a minor or major nature, and thereby completing the structure or facility in accordance with the Contract Documents. 5.06 Final Completion and Acceptance Within ten (10) days after the Contractor has given the Engineer written notice that the work has been completed, or substantially completed, the Engineer and the Owner shall inspect the work and within said time, if the work is found to be completed in accordance with the gencond.mstispec master GC -25 Contact Documents, the Engineer shall issue to the Owner and the Contractor his Certificate of Completion, and thereupon it shall be the duty of the Owner to issue a Certificate of Acceptance to the Contractor or to advise the Contractor in writing of the reason for non- acceptance. 5.07 Final Payment Upon the issuance of the Certificate of Completion, the Engineer shall proceed to make final measurements and prepare final statement for the value of all work performed and materials furnished under the terms of the agreement and shall certify same to the Owner, who shall pay to the Contractor on or before 35th day after the date of the Certificate of Completion, the balance due the Contractor under the terms of this contract; and said payment shall become due in any event upon said performance by the Contractor. Neither the Certificate of Acceptance nor the final payment, nor any provision in the Contract Documents, shall relieve the Contractor of the obligation for fulfillment of any warranty which may be required. 5.08 Payments Withheld The Owner may, on account of subsequently discovered evidence, withhold or nullify the whole or part of any certificate to such extent as may be necessary to protect himself from loss on account of: a) Defective work not remedied or other obligations hereunder not done. b) Claims filed or reasonable evidence indicating probable filing of claims. c) Failure of the Contractor to make payments properly to Subcontractors or for material or labor. d) Damage to the Owner or another contractor's work, material or equipment. e) Reasonable doubt that the work can be completed for the unpaid balance of the contract amount. f) Reasonable indication that the work will not completed within the contract time. g) Other causes affecting the performance of the contract. When the above grounds are removed or the Contractor provides a surety bond satisfactory to the Owner, which will protect the Owner in the amount withheld, payment shall be made for amounts withheld because of them. gencond.mst/spec master GC -26 5.09 Delayed Payments Should the Owner fail to make payment to the Contractor of the sum named in any partial or final statement, when payment is due, then the Owner shall pay to the Contractor, in addition to the sum shown as due by such statement, interest thereon at the rate of six percent (6 %) per annum, unless otherwise specified, from date due as provided under "Partial Payments" and "Final Payment," until fully paid, which shall fully liquidate any injury to the Contractor growing out of such delay in payment. It is expressly agreed that delay by the Owner in making payment to the Contractor of the sum named in any partial or final statement shall not constitute a breach of this contract on the part of the Owner nor an abandonment thereof nor shall it to any extent or for any time relieve the Contractor of his obligations to fully and completely perform hereunder. 6. Extra Work and Claims 6.01 Change Orders Without invalidating this agreement, the Owner may at any time or from time to time order additions, deletions or revisions to the work; such changes will be authorized by change order to be prepared by the Engineer for execution by the Owner and the Contractor. The change order shall set forth the basis for any change in contract price, as hereinafter set forth for extra work, and any change in contract time which may result from the change. In the event the Contractor shall refuse to execute a change order which has been prepared by the Engineer and executed by the Owner, the Engineer may in writing instruct the Contractor to proceed with the work as set forth in the change order and the Contractor may make claim against the Owner for extra work involved therein, as hereinafter provided. 6.02 Minor Changes The Engineer may authorize minor changes in the work not inconsistent with the overall intent of the Contract Documents and not involving an increase in contract price. If the Contractor believes that any minor change or alteration authorized by the Engineer involves extra work and entitles him to an increase in the contract price, the Contractor shall make written request to the Engineer for a written field order. In such case, the Contractor by copy of his communication to the Engineer or otherwise in writing shall advise the Owner of his request to the Engineer for a written field order and that work involved may result in an increase in the contract price. Any request by the Contractor for a change in contract price shall be made prior to beginning the work covered by the proposed change. gencond.mst/spec master GC-27 6.03 Extra Work It is agreed that the basis of compensation to the Contractor for work either added or deleted by a change order or for which a claim for extra work is made shall be determined by the unit prices upon which this contract was bid to the extent such work can be fairly classified within the various work item descriptions and for work items that cannot be so classified by one or more of the following methods: Method (A) By agreed unit prices; or Method (B) By agreed lump sum; or Method (C) If neither Method (A) nor Method (B) is agreed upon before the extra work is commenced, then the Contractor shall be paid the "actual field cost" of the work, plus fifteen percent (15 %). In the event said extra work is performed and paid for under Method (C), then the provisions of this paragraph shall apply and the "actual field cost" is hereby defined to include the cost to the Contractor of all workmen, such as foremen, timekeepers, mechanics and laborers, and materials, supplies, trucks, rentals on machinery and equipment, for the time actually employed or used on such extra work, plus actual equipment, for the time actually employed or used on such extra work, plus actual transportation charges necessarily incurred, together with all power, fuel, lubricants, water and similar operating expenses, also all necessary incidental expenses incurred directly on account of such extra work, including Social Security, Old Age Benefits and other payroll taxes, and a rateable proportion of premiums on performance and payment bonds and maintenance bonds, public liability and property damage and workers' compensation, and all other insurance as may be required by any law or ordinance, or directed or agreed to by the Owner. The Engineer may direct the form in which accounts of the "actual field cost" shall be kept and the records of these accounts shall be made available to the Engineer. The Engineer or the Owner may also specify in writing, before the work commences, the method of doing the work and the type and kind of machinery and equipment to be used; otherwise these matters shall be determined by the Contractor. Unless otherwise agreed upon, the prices for the use of machinery and equipment shall be determined by using one hundred percent (100 %), unless otherwise specified, of the latest schedule of Equipment Ownership Expense adopted by the Associated General Contractors of America. Where practicable the terms and prices for the use of machinery and equipment shall be incorporated in the written extra work order. The fifteen percent (15 %) of the "actual field cost" to be paid the Contractor shall cover and compensate him for his profit, overhead, general superintendence and field office expense, and all other elements of cost and expense not embraced within the "actual field cost" as herein defined, gencond.mst/spec master GC - save that where the Contractor's camp or field office must be maintained primarily on account of such extra work; then the cost to maintain and operate the same shall be included in the "actual field cost." No claim for extra work of any kind will be allowed unless ordered in writing by the Engineer. In case any orders or instructions, either oral or written, appear to the Contractor to involve extra work for which he should receive compensation or an adjustment in the construction time, he shall make written request to the Engineer for written order authorizing such extra work. Should a difference of opinion arise as to what does or does not constitute extra work, or as to the payment therefor, and the Engineer insists upon its performance, the Contractor shall proceed with the work after making written request for written order and shall keep an accurate account of the "actual field cost" thereof, as provided under Method (C). The Contractor will thereby preserve the right to submit the matter of payment to mediation or litigation. 6.04 Time of Filing Claims It is further agreed by both parties hereto that all questions of dispute or adjustment presented by the Contractor shall be in writing and filed with the Engineer within thirty (30) days after the Engineer has given any directions, order or instruction to which the Contractor desires to take exception. The Engineer shall reply within thirty (30) days to such written exceptions by the Contractor and render his final decision in writing. In case the Contractor should appeal from the Engineer's decision, any demand for mediation shall be filed with the Engineer and the Owner in writing within ten (10) days after the date of delivery to Contractor of the Engineer's final decision. It is further agreed that final acceptance of the work by the Owner and the acceptance by the Contractor of the final payment shall be a bar to any claims by either party, except claims by Owner for defective work or enforcement of warranties and except as noted otherwise in the Contract Documents. 6.05 Continuing Performance The Contractor shall continue performance of the contract during all disputes or disagreements with the Owner. The production or delivery of goods, the furnishing of services and the construction of projects or facilities shall not be delayed, prejudiced or postponed pending resolution of any disputes or disagreements, except as the Owner may otherwise agree in writing. 7. Abandonment of Contract 7.01 Abandonment by Contractor In case the Contractor should abandon and fail or refuse to resume work within ten (10) days after written notification from the Owner or the Engineer, or if the Contractor fails to comply gencond.mst/spec master GC -29 with the orders of the Engineer when such orders are consistent with the Contract Documents, then and in that case, where performance and payment bonds exist, the sureties on these bonds shall be notified in writing and directed to complete the work, and a copy of said notice shall be delivered to the Contractor. After receiving said notice of abandonment, the Contractor shall not remove from the work any machinery, equipment, tools, materials or supplies then on the job, but the same, together with any materials and equipment under contract for the work, may be held for use on the work by the Owner or the surety on the performance bond, or another contractor in completion of the work; and the Contractor shall not receive any rental or credit therefor (except when used in connection with extra work, where credit shall be allowed as provided for under Section 6 herein), it being understood that the use of such equipment and materials will ultimately reduce the cost to complete the work and be reflected in the final settlement. Where there is no performance bond provided or in case the surety should fail to commence compliance with the notice for completion hereinbefore provided for, within ten (10) days after service of such notice, then the Owner may provide for completion of the work in either of the following elective manners: (1) gencond.mst/spec master The Owner may thereupon employ such force of men and use such machinery, equipment, tools, materials and supplies as the Owner may deem necessary to complete the work and charge the expense of such labor, machinery, equipment, tools, materials and supplies to the Contractor, and expense so charged shall be deducted and paid by the Owner out of such monies as may be due, or that may thereafter at any time become due to the Contractor under and by virtue of this agreement. In case such expense is less than the sum which would have been payable under this contract if the same had been completed by the Contractor, then the Contractor shall receive the difference. In case such expense is greater than the sum which would have been payable under this contract if the same had been completed by the Contractor, then the Contractor and/or his surety shall pay the amount of such excess to the Owner, or (2) The Owner, under competitive bids taken after notice published as required by law, may let the contract for the completion of the work under substantially the same terms and conditions which are provided in this contract. In case there is any increase in cost to the Owner under the new contract as compared to what would have been the cost under this contract, such increase shall be charged to the Contractor and the surety shall be and remain bound therefor. However, should the cost to complete any such contract prove to be less than would have been the cost to complete under this contract, the Contractor and/or his surety shall be credited therewith. GC -30 When the work shall have been substantially completed, the Contractor and his surety shall be so notified and Certificates of Completion and Acceptance, as provided in Paragraph 5.06 hereinabove, shall be issued. A complete itemized statement of the contract accounts, certified by the Engineer as being correct, shall then be prepared and delivered to the Contractor and his surety, whereupon the Contractor and/or his surety, or the Owner as the case may be, shall pay the balance due as reflected by said statement within fifteen (15) days after the date of such Certificate of Completion. In the event the statement of accounts shows that the cost to complete the work is less than that which would have been the cost to the Owner had the work been completed by the Contractor under the terms of this contract, or when the Contractor and/or his surety shall pay the balance shown to be due by them to the Owner, then all machinery, equipment, tools, materials or supplies left on the site of the work shall be turned over to the Contractor and/or his surety. Should the cost to complete the work exceed the contract price, and the Contractor and/or his surety fail to pay the amount due the Owner within the time designated hereinabove, and there remains any machinery, equipment, tools, materials or supplies on the site of the work, notice thereof, together with an itemized list of such equipment and materials, shall be mailed to the Contractor and his surety at the respective addresses designated in this contract; provided, however, that actual written notice given in any manner will satisfy this condition. After mailing, or other giving of such notice, such property shall be held at the risk of the Contractor and his surety subject only to the duty of the Owner to exercise ordinary care to protect such property. After fifteen (15) days from the date of said notice, the Owner may sell such machinery, equipment, tools, materials or supplies and apply the net sum derived from such sale to the credit of the Contractor and his surety. Such sale may be made at either public or private sale, with or without notice, as the Owner may elect. The Owner shall release any machinery, equipment, tools, materials, or supplies, which remain on the work, and belong to persons other than the Contractor or his surety, to their proper owners. The books on all operations provided herein shall be opened to the Contractor and his surety. 7.02 Abandonment by Owner In case the Owner shall fail to comply with the terms of this contract, and should fail to comply with said terms within ten (10) days after written notification by the Contractor, then the Contractor may suspend or wholly abandon the work, and may remove therefrom all machinery, tools and equipment, and all materials on the site of work that have not been included in payments to the Contractor and have not been wrought into the work. Thereupon, the Engineer shall make an estimate of the total amount earned by the Contractor, which estimate shall include the value of all work actually completed by said Contractor (at the prices stated in the attached proposal where unit prices are used), the value of all partially completed work at a fair and equitable price, and the amount of all extra work performed at the prices agreed upon, or provided for by the terms of this contract, and a reasonable sum to cover the cost of any provisions made by the Contractor to carry the whole work to completion and which cannot be utilized. The Engineer shall then make a final statement of the balance due the Contractor by deducting from the above estimate all previous payments by the Owner and gencond.mst/spec master GC -31 all other sums that may be retained by the Owner under the terms of this agreement and shall certify same to the Owner who shall pay to the Contractor on or before thirty (30) days after the date of the notification by the Contractor the balance shown by said final statement as due the Contractor, under the terms of this agreement. 8. Subcontractors 8.01 Award of Subcontracts for Portions of the Work Unless otherwise specified in the Contract Documents or in the Instructions to Bidders, the Contractor, as soon as practicable after the award of the contract, shall furnish to the Engineer in writing for acceptance by the Owner and the Engineer a list of the names of the Subcontractors proposed for the principal portions of the work. The Engineer shall promptly notify the Contractor in writing if either the Owner or the Engineer, after due investigation, has objection to any Subcontractor on such list and does not accept him. Failure of the Owner or the Engineer to make objection promptly to any Subcontractor on the list shall constitute acceptance of such Subcontractor. The Contractor shall not contract with any Subcontractor or any person or organization (including those who are to furnish materials or equipment fabricated to a special design) proposed for portions of the work designated in the Contract Documents or in the Instructions to Bidders or, if none is so designated, with any Subcontractor proposed for the principal portions of the work who has been rejected by the Owner and the Engineer. The Contractor will not be required to contract with any Subcontractor or person or organization against whom he has a reasonable objection. If the Owner or the Engineer refuses to accept any Subcontractor or person or organization on a list submitted by the Contractor in response to the requirements of the Contract Documents or the Instructions to Bidders, the Contractor shall submit an acceptable substitute and the contract amount shall be increased or decreased by the difference in cost occasioned by such substitution and an appropriate change order shall be issued; however, no increase in the contract amount shall be allowed for any such substitution unless the Contractor has acted promptly and responsively in submitting for acceptance any list or lists of names as required by the Contract Documents or the Instructions to Bidders. If the Owner or the Engineer requires a change of any proposed Subcontractor or person or organization previously accepted by them, the contract amount shall be increased or decreased by the difference in cost occasioned by such change and an appropriate change order shall be issued. The Contractor shall not make any substitution for any Subcontractor or person or organization who has been accepted by the Owner and the Engineer, unless the substitution is acceptable to the Owner and the Engineer. gencond.mst/spec master GC -32 8.02 Subcontractual Relations All work performed for the Contractor by a Subcontractor shall be pursuant to an appropriate written agreement between the Contractor and the Subcontractor (and where appropriate between Subcontractors and Sub- subcontractors) which shall contain provisions that: (1) preserve and protect the rights of the Owner and the Engineer under the contract with respect to the work to be performed under the subcontract so that the subcontracting thereof will not prejudice such rights; gencond.mst/spec master (2) require that such work be performed in accordance with the requirements of the Contract Documents; (3) (4) require that all claims for additional costs, extensions of time, damages for delays or otherwise with respect to subcontracted portions of the work shall be submitted to the Contractor (via any Subcontractor or Sub - subcontractor where appropriate) in sufficient time so that the Contractor may comply in the manner provided in the Contract Documents for like claims by the Contractor upon the Owner; (5) 8.03 Payments to Subcontractors require submission to the Contractor of the applications for payment under each subcontract to which the Contractor is a party, in reasonable time to enable the Contractor to apply for payment in accordance with this contract; obligate each subcontractor specifically to consent to the provisions of this section. A copy of all such subcontract agreements shall be filed by the Contractor with the Engineer before the Subcontractor shall be allowed to commence work. The Contractor shall pay each Subcontractor, upon receipt of payment from the Owner, an amount directly based upon the value of the work performed and allowed to the Contractor on account of such Subcontractor's work, less the percentage retained from payments to the Contractor. The Contractor shall also require each Subcontractor to make similar payments to his subcontractors. If the Engineer fails to approve a payment for any cause which is the fault of the Contractor and not the fault of a particular Subcontractor, the Contractor shall pay the Subcontractor on demand made at any time after the Certificate for Payment should otherwise have been issued, for his work to the extent completed, less the retained percentage. GC -33 The Engineer may, on request and at his discretion, furnish to any Subcontractor, if practicable, information regarding percentages of completion certified to the Contractor on account of work done by such Subcontractors. Neither the Owner nor the Engineer shall have any obligation to pay or to see to the payment of any monies to such Subcontractor except as may otherwise be required. 9. Separate Contracts 9.01 Owner's Right to Award Separate Contracts The Owner reserves the right to award other contracts in connection with other portions of the project under these or similar conditions of the contract. When separate contracts are awarded for different portions of the project, "the Contractor" in the contract documents in each case shall be the contractor who signs each separate contract. 9.02 Mutual Responsibility of Contractors The Contractor shall afford other contractors reasonable opportunity for the introduction and storage of their materials and equipment and the execution of their work, and shall properly connect and coordinate his work with theirs. If any part of the Contractor's work depends for proper execution or results upon the work of any other separate contractor, the Contractor shall inspect and promptly report to the Engineer any apparent discrepancies or defects in such work that render it unsuitable for such proper execution and results. Failure of the Contractor to so inspect and report shall constitute an acceptance of the other contractor's work as fit and proper to receive his work, except as to defects which may develop in the other separate contractor's work after the execution of the Contractor's work. Should the Contractor cause damage to the work or property of any separate contractor on the project, the Contractor shall, upon due notice, settle with such other contractor by agreement, if he will so settle. If such separate contractor sues the Owner or initiates an proceeding allowed hereunder on account of any damage alleged to have been so sustained, the Owner shall notify the Contractor who shall defend such proceedings at the Contractor's expense, and if any judgment or award against the Owner arises therefrom the Contractor shall pay or satisfy it and shall reimburse the Owner for all attomey's fees and court costs or other costs which the Owner has incurred. 9.03 Cutting and Patching under Separate Contracts The Contractor shall be responsible for any cutting, fitting and patching that may be required gencond.mst/spec master GC -34 to complete his work, except as otherwise specifically provided in the Contract Documents. The Contractor shall not endanger any work of any other contractors by cutting, excavating or otherwise altering any work and shall not cut or alter the work of any other contractor except with the written consent of the Engineer. Any costs caused by defective or ill -timed work shall be borne by the party responsible therefor. 10. Protection of Persons and Property 10.01 Safety Precautions and Programs The Contractor shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the work. 10.02 Safety of Persons and Property The Contractor shall take all reasonable precautions for the safety of, and shall provide all reasonable protection to prevent damage, injury, or loss to: (1) (2) (3) all employees on the work and all other persons who may be affected thereby: all the work and all materials and equipment to be incorporated therein, whether in storage or off the site, under the care, custody or control of the Contractor or any of his Subcontractors or Sub - subcontractors; and other property at the site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, fences, roadways, structures and utilities not designated for removal, relocation or replacement in the course of construction. The Contractor shall comply with all applicable laws, ordinances, rules, regulations and lawful orders of any public authority having jurisdiction for the safety of persons or property or to protect them from damage, injury or loss. He shall erect and maintain, as required by existing conditions and progress of the work, all reasonable safeguards for safety and protection, including posting danger signs and other warnings against hazards, promulgating safety regulations and notifying owners and users of adjacent utilities. When the use or storage of explosives or other hazardous materials or equipment is necessary for the execution of the work, the Contractor shall exercise the utmost care and shall carry on such activities under the supervision of properly qualified personnel. All blasting, including methods of storing and handling explosives and highly inflammable materials, shall conform to federal, state, local laws and ordinances. All city ordinances shall be complied with even though some or all of the blasting is done outside the city limits unless gencond.mst/spec master GC -35 the applicable ordinance is in conflict with the law of the jurisdiction where the action is being taken. The following is a list of requirements in addition to federal, state, and local laws and ordinances: 1. The Contractor shall furnish the City of Round Rock with a Certificate of Blasting Insurance in the amount of $300,000.00 for each contract, at least twenty-four (24) hours prior to using explosives. A blasting permit must be obtained from the city at least five (5) days prior to use of explosives. If blasting is covered under the Contractor's General Insurance Certificate for each contract, a separate blasting certificate will not be required. 2. The following public utility companies and city departments will be notified by the Contractor, on every occasion, at least twenty-four (24) hours prior to the use of explosives: Water and Wastewater, Electric, Gas, Telephone and the City Engineering Department. 3. Explosive materials to be used shall be limited to blasting agents and dynamite, unless prior approval of other materials is obtained in writing from the Engineering Department. 4. During blasting, all reasonable precautions shall be taken to protect pedestrians, passing vehicles, and public or private property. Blasting mats or protective cover shall be used when required by the City Inspector, the permit, or by safe blasting practices. 5. All explosives shall be stored in accordance with Chapter 5, Section 5.200, of the City Code. 6. The Director of Engineering or his representative shall have the right to limit the use of explosives and/or blasting methods which in his opinion are dangerous to the public or nearby property of any kind. 7. The Contractor, at his expense, shall promptly repair or replace all items known to be damaged as a result of blasting. All claims of damage shall be investigated by the City of Round Rock or by consulting firms approved by the city. 8. The Contractor shall maintain accurate records throughout the blasting operations showing the type explosive used, number of holes, pounds per hole, depth of hole, total pounds per shot, delays used, date and time of blast and initials of the inspector. The Contractor is fully responsible for all claims resulting from his blasting operation. gencond.mst/spec master GC -36 All damage or loss to any property referred to in this article caused in whole or in part by the Contractor, any Subcontractor, any Sub - subcontractor, or anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable, shall be remedied by the Contractor, except damage or loss attributable solely to faulty drawings or specifications or solely to the acts or omissions of the Owner or the Engineer or anyone employed by either of them, and not attributable in any degree to the fault or negligence of the Contractor. The Contractor shall designate a responsible member of his organization at the site whose duty shall be the prevention of accidents. This person shall be the Contractor's superintendent unless otherwise designated in writing by the Contractor to the Owner and the Engineer. 10.03 Location and Protection of Utilities Notwithstanding any other provision of this contract, the Contractor shall be solely responsible for the location and protection of any and all public utility lines and utility customer service lines in the work area. The Contractor shall 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. Upon request, the Owner shall provide such information as it has about the location and grade of water, sewer, gas, and telephone and electric lines and other utilities in the work area but such information shall not relieve or be deemed to be in satisfaction of the Contractor's obligation hereunder, which shall be primary and nondelegable. Any such lines damaged by the Contractor's operations shall be immediately repaired by the Contractor or he shall cause such damage to be repaired at his expense. gencond.mstlspec master GC 5.0 SPECIAL CONDITIONS SECTION 01- INFORMATION 01 -01 ENGINEER 01 -02 COPIES OF PLANS AND SPECIFICATIONS FURNISHED specond.msUspecs The word "Engineer" in these Specifications shall be understood as referring to the City of Round Rock, 221 East Main Street, Round Rock, Texas 78664, Engineer of the Owner, or the Engineer's authorized representative to act in any particular position for the Owner. The Agreement will be prepared in not less than five (5) counterpart (original signed) sets. Owner will furnish Contractor two (2) sets of conforming Contract Documents and Specifications and four (4) sets of Plans free of charge, and additional sets will be obtained from the Engineer at commercial reproduction rates plus 20% for handling. 01 -03 GOVERNING CODES All construction as provided for under these Plans and Specifications shall be governed by any existing Resolutions, Codes and Ordinances, and any subsequent amendments or revisions thereto as set forth by the Owner. 01 -04 LIQUIDATED DAMAGES FOR FAILURE TO COMPLETE ON TIME The Contractor agrees that time is of the essence for this Contract and that the definite value of damages which would result from delay would be incapable of ascertainment and uncertain, so that for each day of delay beyond the number of days herein agreed upon for the completion of the work herein specified and contracted for, after due allowance for such extension of time as is provided for under the provisions of Section 4.02 of the General Conditions, the Owner may withhold permanently from the Contractor's total compensation, not as penalty but as liquidated damages, the sum of $250.00 per calendar day. 01 -05 LOCATION The location of work shall be as mentioned in the Notice to Bidders and as indicated on Plans. SC -1 01 -06 USAGE OF WATER All water used during construction shall be provided by the City. The City shall specify the location from which the Contractor is to procure water. The Contractor shall be responsible for providing all apparatus necessary for procuring, storing, transporting and using water during construction. The Contractor shall strive to use that amount of water which is reasonable to perform the work associated with this contract and shall endeavor to avoid excessive waste. The Contractor will be required to pay for all water used if it is found that unnecessary or excessive waste is occurring during construction. 01 -07 PAY ESTIMATES specond.mst/specs If pay estimates from the Contractor are not received by the Engineer on or before the time specified in Section 5.04 of the General Conditions, then the pay estimate will not be processed and will be retumed to Contractor. SECTION 02- SPECIAL CONSIDERATIONS 02 -01 CROSSING UTILITIES Prior to commencing the work associated with this contract, it shall be the Contractor's responsibility to make arrangements with the Owners of such utility companies to uncover their particular utility lines or otherwise confirm their location. Certain utility companies perform such services at their own expense, however, where such is not the case, the Contractor will cause such work to be done at his own expense. 02 -02 UTILITY SERVICES FOR CONSTRUCTION The Contractor will be responsible for providing his own utility services while performing the work associated with this contract. No additional payment will be made for this item. SC -2 1 02 -03 GUARANTEES The Contractor warrants the materials and workmanship and that the work is ' in conformance with the plans and specifications included in this contract for the period that the Warranty Bond, as outlined in Section 04 of the Special Conditions, is in effect. Upon notice from Owner, the Contractor shall repair defects in all construction or materials which develop during specified period and at no cost to Owner. Neither final acceptance, Certificate of Completion, ' final payment nor any provision in Contract Documents relieves Contractor of above guarantee. Notice of observed defects will be given with reasonable promptness. Failure to repair or replace defect upon notice entitles Owner to repair or replace same and recover reasonable cost thereof from Contractor. 02 -04 MINIMUM WAGE SCALE Contractors are required to pay prevailing wage rates to laborers, workmen and mechanics employed on behalf of the City engaged in the construction of public works. The wage rate for these jobs shall be the general prevailing wage rates for work of a similar character. This applies to Contractors and Subcontractors. The Contractors and Subcontractors shall keep and make available records of workers and their wages. Contractors and Subcontractors shall pay the prevailing wage rates as adopted by the Owner. There is a statutory penalty of $60.00 per worker per day or portion of a day that the prevailing wage rate is not paid by the Contractor or any Subcontractor. 02 -05 LIMIT OF FINANCIAL RESOURCES The Owner has a limited amount of financial resources committed to this Project; therefore, it shall be understood by all bidders that the Owner may be required to change and/or delete any items which he may feel is necessary to accomplish all or part of the scope of work within its limit of financial resources. Contractor shall be entitled to no claim for damages or anticipated profits on any portion of work that may be omitted. At any time during the duration of this contract, the Owner reserves the right to omit any work from this contract. Unit prices for all items previously approved in this contract shall be used to delete or add work per change order. 1 1 specand.msuspecs SC-3 02 -06 CONSTRUCTION REVIEW 02-07 LIMITS OF WORK AND PAYMENT 02 -08 PAYMENT FOR MATERIALS ON HAND 02 -09 "AS- BUILT" DRAWINGS specond.msUspecs The Owner shall provide a project representative to review the quality of materials and workmanship. It shall be the obligation of the Contractor to complete all work included in this Contract, so authorized by the Owner, as described in the contract documents and technical specifications. All items of work not specifically paid for in the bid proposal shall be included in the unit price bids. Any question arising as to the limits of work shall be left up to the interpretation of the Engineer. Owner will not pay for materials on hand. Payment will be made for work completed in accordance with monthly estimate procedure stipulated in the General Conditions of the Agreement. The Contractor shall mark all changes and revisions on all of his copies of the working drawings during the course of the Project as they occur. Upon completion of the Project and prior to final acceptance and payment, the Contractor shall submit to the Engineer one set of his working drawings, dated and signed by himself and his project superintendent and labeled as "As- Built ", that shows all changes and revisions outlined above and that shows field locations of all above ground appurtenances including but not limited to valves, fire hydrants and manholes. These as -built drawings shall become the property of the Owner. Each appurtenance shall be located by at least two (2) horizontal distances measured from existing, easily identifiable, immovable appurtenances such as fire hydrants or valves. Property pins can be used for as- builts tie -ins provided no existing utilities as previously described are available Costs for delivering as -built drawings shall be subsidiary to other bid items. SC-4 02 -10 LAND FOR WORK specond.msUspecs Owner provides, as indicated on Drawings, land upon which work is to done, right -of -way for access to same and such other lands which are designated for use of Contractor. Contractor provides, at his expense and without liability of Owner, any additional land and access thereto that may be required for his construction operations, temporary construction facilities, or for storage of materials. 02 -11 DEVIATIONS OCCASIONED BY UTILITY STRUCTURES Whenever existing utilities, not indicated on Plans, present obstructions to grade and alignment of proposed improvements immediately notify engineer, who without delay, will determine if existing utilities are to be relocated, or grade and alignment of proposed improvements changed. Where necessary to move existing services, poles, guy wires, pipelines, etc., as determined by the Engineer, the Contractor will make arrangements with the owner of the utility to be moved and have it moved. The costs of any utility relocations will be at the Contractor's sole expense. Owner will not be liable for relocations costs or damages on account of delays due to changes made by owners of privately owned utilities which hinder progress of the work. 02 -12 CONSTRUCTION STAKING All construction staking required to complete the work associated with this contract shall be provided by the Contractor. The Contractor shall be responsible for determining the layout and extent of staking necessary to construct the improvements to the lines and grades shown in the Plans. This item shall not be paid for separately and shall be considered subsidiary to other bid items. SECTION 03- TRAFFIC CONTROL Access shall be provided for residents and emergency vehicles at all times. When it becomes necessary to restrict access, the Contractor shall notify all applicable agencies (ie. Fire Department, E.M.S., Public Works, etc.). At the end of each day two lanes of traffic shall be opened to the public. The Contractor shall be responsible for all maintenance, signing and safety SC -5 SECTION 04- WARRANTY BOND specond.mstlspecs precautions necessary for traffic control. This item shall be considered subsidiary to other bid items and no additional compensation shall be given for complying with this Special Condition. Per City of Round Rock Ordinances, a two (2) year Warranty Bond naming the City of Round Rock as obligee will be required for public streets constructed without lime stabilization of subgrade material when the Plasticity Index of the subgrade is above 20. Warranty Bond shall remain in effect for two (2) years from date of City of Round Rock acceptance of improvements. Such bonds shall be from an approved surety company holding a permit from the State of Texas to act as surety or other surety or sureties acceptable to the Owner prior to final payment. A one (1) year Warranty Bond in the amount of one hundred (100 %) percent of the contract price will be required for all other improvements and shall be submitted prior to final payment. Such bonds shall be from an approved surety company holding a permit from the State of Texas to act as surety (and acceptable according to the latest list of companies holding certificates of authority from the Security of the Treasury of the United States) or other surety or sureties acceptable to the Owner prior to fmal payment. SECTION 05- INSURANCE Section 3.18 of the General Conditions of the Agreement is hereby amended to include the following: 3.18 Insurance Contractor shall carry insurance in the following types and amounts for the duration of this Contract, which shall include items owned by Owner in care, custody and control of Contractor prior and during construction and warranty period, and furnish Certificates of Insurance along with copies of policy declaration pages and all policy endorsements as evidence thereof: a. Statutory Worker's Compensation and minimum $100,000 Employers Liability Insurance. b. Commercial General Liability Insurance with minimum limits of SC -6 specond.msUspecs $500,000 per occurrence and $1,000,000 Aggregate or $500,000 for this designated project and $100,000 Fire Damage. c. Automobile Liability Insurance for all owned, nonowned and hired vehicles with minimum limits for Bodily Injury of $250,000 for each person and $500,000 for each occurrence and Property Damage limits of $100,000 or Combined Single Limit of $600,000. d. On all new or remodeling building projects: All Risk Builders Risk Insurance for insurable building projects shall be insured in the amount of the contract price for such improvements. Owner and Contractor waive all rights against each other for damages caused by fire or other perils to the extent covered by Builders Risk Insurance required under this section, except as to such rights as they may have in the proceeds of such insurance. Contractor shall require similar waivers by Subcontractors and Sub - subcontractors. e. Owner and Contractor's Protective Policy. The Contractor shall provide and maintain during the life of this contract and until all work under said contract has been completed and accepted by the Owner, an Owner's and Contractor's Protective Policy which co- insures the Owner and the Owner's agents and employees with the same Commercial General Liability coverage as described above, entitled "Commercial General Liability Insurance." When offsite storage is permitted, policy will be endorsed for transit and off site storage in amounts sufficient to protect property being transported or stored. This insurance shall include, as insured, City of Round Rock, Contractor, Subcontractors and Sub - subcontractors in the work, as their respective interest may appear. If insurance policies are not written for amount specified in b. and c. above, Contractor is required to carry an Excess Liability Insurance Policy for any difference in amounts specified. Contractor shall be responsible for deductibles and self insured retentions, if any, stated in policies. Any self insured retention shall not exceed ten percent SC -7 specond.msdspecs of minimum required limits. All deductibles or self insured retentions shall be disclosed on Certificate of Insurance required above. Contractor shall not commence work at site under this Contract until he has obtained required insurance and until such insurance has been reviewed by Owner's Contract Administration Office. Contractor shall not allow any Subcontractors to commence work until insurance required has been obtained and approved. Approval of insurance by Owner shall not relieve or decrease liability of Contractor hereunder. Insurance to be written by a company licensed to do business in the State of Texas at the time policy is issued and acceptable to owner. Contractor shall produce an endorsement to each effected policy: 1. Naming City of Round Rock, 221 East Main Street, Round Rock, Texas 78664 as additional insured (except Workers' Compensation and Builders Risk). 2. That obligates the insurance company to notify Joanne Land, City Secretary, City of Round Rock, 221 East Main Street, Round Rock, Texas 78664 of any and all changes to policy 30 days prior to change. 3. That the "other" insurance clause shall not apply to Owner where City of Round Rock is an additional insured shown on policy. It is intended that policies required in this agreement, covering both Owner and Contractor, shall be considered primary coverage as applicable. Contractor shall not cause any insurance to be canceled nor permit any insurance to lapse during term of this Contract or as required in the Contract. If Contractor is underwritten on a claim -made basis, the retroactive date shall be prior to, or coincident with, the date of this Contract and the Certificate of Insurance shall state that coverage is claims made and also the retroactive date. Contractor shall maintain coverage for duration of this Contract and for two years following completion of this Contract. Contractor shall provide the City annually a Certificate of Insurance as evidence of such insurance. It is further agreed that Contractor shall provide Owner a 30 day notice of aggregate erosion, an advance of the retroactive date, cancellation and/or renewal. SC -8 specond.msdspecs It is also agreed that Contractor will invoke the tail option at request of Owner and the Extended Reporting Period (ERP) premium shall be paid by Contractor. Owner reserves the right to review insurance requirements of this section during effective period of the Contract and to make reasonable adjustments to insurance coverages and their limits when deemed necessary and prudent by Owner based upon changes in statutory law, court decisions or the claims history of the industry as well as Contractor. Owner shall be entitled, upon request, and without expense, to receive copies of policies and all endorsements thereto and may make any reasonable requests for deletion or revision or modification of particular policy terms, conditions, limitations or exclusions, except where policy provisions are established by law or regulation binding upon either of the parties hereto or the underwriter on any of such policies. Actual losses not covered by insurance as required by the section shall be paid by Contractor. SC -9 SECTION 06- WAGE RATES GENERAL DECISION TX960043 03/15/96 TX43 General Decision Number TX960043 Superseded General Decision No. TX950043 State: TEXAS Construction Type: HEAVY HIGHWAY County(ies): BELL CORYELL TRAVIS BEXAR GUADALUPE WILLIAMSON BRAZOS HAYS COMAL MCLENNAN Heavy (excluding tunnels and dams) and Highway Construction Projects (does not include building structures in rest area projects). *NOT TO BE USED FOR WORK ON SEWAGE OR WATER TREATMENT PLANTS OR LIFT/PUMP STATIONS IN BELL, CORYELL, MCLENNAN AND WILLIAMSON COUNTIES. Modification Number 0 COUNTY(ies): BELL CORYELL TRAVIS BEXAR GUADALUPE WILLIAMSON BRAZOS HAYS COMAL MCLENNAN SUTX2042A 11/16/1991 Rates Fringes AIR TOOL OPERATOR 6.500 ASPHALT HEATER OPERATOR 6.500 ASPHALT RAKER 7.011 ASPHALT SHOVELER 6.550 BATCHING PLANT WEIGHER 8.173 BATTERBOUARD SE I I ER 7.700 CARPENTER 9.054 CONCRETE FINISHER - PAVING 8.600 specond.msNspecs Publication Date 03/15/1996 SC -10 CONCRETE FINISHER -PAVING 8.600 CONCRETE FINISHER - STRUCTURES 7.903 CONCRETE RUBBER 6.740 ELECTRICIAN 13.710 FLAGGER 5.150 FORM BUILDER - STRUCTURES 8.017 FORM LINER - PAVING & CURB 7.250 FORM SETTER -PAVING & CURB 7.683 FORM SETTER - STRUCTURES 7.928 LABORER - COMMON 6.078 LABORER - UTILITY 6.852 MECHANIC 10.774 OILER 9.389 SERVICER 7.280 PAINTER - STRUCTURES 10.000 PILEDRIVER 6.600 PIPE LAYER 7.229 BLASTER 9.067 ASPHALT DISTRIBUTOR OPERATOR 7.304 ASPHALT PAVING MACHINE 7.945 BROOM OR SWEEPER OPERATOR 7.117 BULLDOZER, 150 HP & LESS 8.125 BULLDOZER, OVER 150 HP 8.593 CONCRETE PAVING CURING MACHINE 7.633 CONCRETE PAVING FINISHING MACHINE 9.067 CONCRETE PAVING GANG VIBRATOR 7.250 CONCRETE PAVING SAW 6.200 SLIPPORM MACHINE OPERATOR 8.700 CRANE, CLAMSHELL, BACKHOE, DERRICK, DRAGLINE, SHOVEL LESS THAN 1 1 /2 C.Y. 8.427 CRANE, CLAMSHELL, BACKHOE, DERRICK, DRAGLINE, SHOVEL 1 1 /2 C.Y. &:OVER 9.880 FOUNDATION DRILL OPERATOR. CRAWLER MOUNTED 10.475 FOUNDATION DRILL OPERATOR 10.923 TRUCK MOUNTED FRONT END LOADER 2 1 /2 C.Y. & LESS 7.499 FRONT END LOADER OVER 2 1 /2 C.Y. 8.255 HOIST - DOUBLE DRUM 10.750 MOTOR GRADER OPERATOR 9.657 PAVEMENT MARKING MACHINE 6.078 specond.msNspecs SC -11 PLANER OPERATOR 7.250 ROLLER, STEEL WHEEL PLANT -MIX PAVEMENTS 7.083 ROLLER, STEEL WHEEL OTHER FLATWHEEL OR TAMPING 6.403 ROLLER, PNEUMATIC, SELF PROPELLED 6.433 SCRAPER -17 C.Y. & LESS 7.245 SCRAPER -OVER 17 C.Y. 7.495 SELF PROPELLED HAMMER OPERATOR 6.078 SIDE BOOM 9.000 TRACTOR - CRAWLER TYPE 7.539 TRACTOR- PNEUMATIC 6.707 TRENCHING MACHINE 6.850 WAGON- DRILL/BORING MACHINE/POST HOLE DRILLER OPERATOR 6.926 REINFORCING STEEL SETTER PAVING 8.158 REINFORCING STEEL SETTER STRUCTURES 9.062 STEEL WORKER - STRUCTURAL 9.242 SIGN ERECTOR 8.640 SPREADER BOX OPERATOR 6.541 BARRICADE SERVICER WORK ZONE 6.078 MOUNTED SIGN INSTALLER PERMANENT GROUND 6.078 TRUCK DRIVER -SINGLE AXLE LIGHT 6.493 TRUCK DRIVER -SINGLE AXLE HEAVY 6.674 TRUCK DRIVER - TANDEM AXLE SEMI- TRAILER 6.824 TRUCK DRIVER - LOWBOY/FLOAT 8.041 TRUCK DRIVER - TRANSIT MIX 6.078 WELDER 8.824 Unlisted classifications needed for work not included, within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29 CFR 5.5 (a) (1) (v)). In the listing above, the "SU" designation means that rates listed under that identifier do not reflect collectively. bargained wage and fringe benefit rates. Other designations indicate unions whose rates have been determined to be prevailing. specond.msVspecs END OF GENERAL DECISION SC -12 CLASSIFICATION Rate Health Pension Vacation Total Wage ASBESTOS WORKER $8.78 $0.00 $0.00 $0.00 $8.78 CARPENTER $15.52 $1.57 $0.97 $0.00 $18.06 CARPET LAYER/FLOORING INSTALLER $8.00 $0.00 $0.00 $0.00 $8.00 CONCRETE FINISHER $10.27 $0.00 $0.00 $0.00 $10.27 DATA COMMUNICATION/TELECOM INSTALLER $12.08 $0.76 $0.50 $0.05 $13.39 DRYWALL INSTALLER/CEILINGINSTALLER $10.91 $0.00 $0.00 $0.00 $10.91 ELECTRICIAN $17.44 $2.16 $1.05 $1.05 $21.70 ELEVATOR MECHANIC $16.75 $3.85 $2.19 $1.50 $24.29 FIRE PROOFING INSTALLER $8.00 $0.00 $0.00 $0.00 $8.00 GLAZIER $13.60 $2.24 $1.15 $0.54 $17.53 HEAVY EQUIPMENT OPERATOR $10.56 $0.00 $0.00 $0.00 $10.56 INSULATOR $13.75 $1.16 $0.92 $0.03 $15.86 IRON WORKER $12.18 $0.00 $0.00 $0.00 $12.18 LABORER/HELPER $7.48 $0.02 $0.00 $0.00 $7.50 LATHER/PLASTERER $12.50 $0.00 $0.00 $0.00 $12.50 LIGHT EQUIPMENT OPERATOR $7.75 $0.00 $0.00 $0.00 $7.75 MASON $16.00 $0.00 $0.00 $0.00 $16.00 METAL BUILDING ASSEMBLER $11.00 $0.62 $0.00 $0.34 $11.96 MILLWRIGHT 515.91 $1.63 $1.00 $0.00 $18.54 PAINTER/WALL COVERING INSTALLER $8.00 $0.00 $0.00 $0.00 $8.00 PIPEFITTER $18.10 51.42 $1.80 $0.00 $21.32 PLUMBER $12.68 $0.00 $0.00 $0.00 $12.68 ROOFER $10.00 $0.00 $0.00 $0.00 $10.00 SHEET METAL WORKER $18.40 $2.39 $2.55 $0.33 $23.67 SPRINKLER FITTER $18.25 $3.40 $2.20 $0.00 $23.85 TERRAZZO WORKER $0.00* $0.00 $0.00 $0.00 $0.00* TILE SETTER $15.00 $0.32 $0.00 $0.00 $15.32 WATERPROOFER/CAULKER $10.64 $0.00 $0.00 $0.00 $10.64 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 COUNTY NAME: WILLIAMSON PREVAILING WAGE RATE DETERMINATION BUILDING CONSTRUCTION TRADES Date Printed: April 15, 1997 *$0.00 in the rate field indicated insufficient data was received to determine a prevailing wage rate for this classification. Government Code Title 10, Sec. 2258.023, paragraph C state: °A contractor or subcontractor does not violate this section if a public body awarding a contract does not determine the prevailing wage rates and specify the rates in the contract as provided in Section 2258.022. (Property of General Services Commission, Based on 1996 Survey results) specond.mst/specs SC -13 6.0 TECHNICAL SPECIFICATIONS ITEM 1 GENERAL DESCRIPTION 1.01 SCOPE OF WORK The work covered by these Specifications consists of furnishing all labor, equipment, appliances, materials and performing all operations in connection with the street maintenance improvements, complete in accordance with the Plans, and subject to the terms and conditions of the Contract Documents. 1.02 GOVERNING TECHNICAL SPECIFICATIONS NOTE: The item number designation shown in parentheses adjacent to captions herein is a reference to City of Austin Standard Specifications. STREET. WATER, SEWER AND DRAINAGE IMPROVEMENTS The current City of Austin Standard Specifications as adopted and amended by the City of Round Rock and the current City of Austin Erosion and Sedimentation Control Manual are hereby referred to and included in this contract as fully and to the same extent as if copied at length herein and they shall be applied to this project except as modified in these Specifications and on the Plans. Wherever the term "City of Austin' is used in the Austin Specifications, it shall be construed to mean the City of Round Rock. Wherever the term "Engineer" is used in the Austin Specifications, it shall be construed to mean the City of Round Rock. ATcdclEmy dccuments \ imb, mpaO \p TS -1 ITEM 2 CONTROL OF WORK 2.01 CLEAN -UP 2.01.1 CONSTRUCTION SITE During construction the Contractor shall keep the site free and clean from all rubbish and debris and shall clean -up the site promptly when notified to do so by the Engineer. The Contractor shall, at his own expense, maintain the streets and roads free from dust, mud, excess earth or debris which constitutes a nuisance or danger to the public using the thoroughfare, or the occupants of adjacent properties. Care shall be taken to prevent spillage on streets and roads over which hauling is done, and any such spillage or debris deposited on streets, due to the Contractor's operations, shall be immediately removed. 2.01.2 BACKWORK 2.02 GRADING 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 Engineer may order all or portions of the work to cease and refuse to allow any work to commence until the back work is done to the Engineer's satisfaction. 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 Engineer. aTodak\my aa:w„ene\1O26 mp00 Pie] ca,anca LsrEC.smp2000.aoc TS -2 ITEM 3 EXAMINATION AND REVIEW 3.01 EXAMINATION OF WORK The work covered under this Contract shall be examined and reviewed by the Engineer, representatives of all govemmental entities which have jurisdiction, and the Owner's authorized representative. The quality of material and the quality of installation of the improvements shall be to the satisfaction of the Engineer. It shall be the Contractor's responsibility for the construction methods and safety precautions in the undertaking of this Contract. 3.02 NOTIFICATION The Engineer and Owner must be notified a minimum of 24 -hours in advance of beginning construction, testing, or requiring presence of the Engineer, project representative, or Owner's representative. 3.03 CONSTRUCTION STAKING The Engineer shall furnish the Contractor reference points and benchmarks that, in the Engineer'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. \ \Toddk\my docimeocs\1026emp0%Phecel contract\ TECHSPECamp2000.ds TS -3 ITEM 4 PROTECTION AND PRECAUTION 4.01 WORK IN FREEZING WEATHER Portions of the work may continue as directed by the Engineer. 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 Engineer. 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 Engineer, for the protection life and property. Under no circumstances will any existing road be permitted to remain closed overnight. 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. \\Toddk\my documents \ioz6ampOOThese I couuect\TECHSPECamp2000.doc TS-4 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 Engineer 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 Engineer. 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 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 judgement of the Engineer. 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 Engineer, and the Engineer will have the right to require the use of such specifically designated material, article or process. ITEM 6 GRADING, RESTORATION, REVEGETATION, AND EROSION CONTROL MEASURES (series 600) This item shall govem the furnishing, placing, maintaining and removal of all erosion control measures, site work, restoration work, grading, shaping, seeding and sodding for all disturbed areas and in accordance with the plans. \ \Toddk\my documenm11026emp00\Pheeel conumcATECHSPEC.emp2000.doc TS -55 EROSION CONTROL Temporary erosion control measures shall include but not be limited to: Silt Fences, Rock Berms, Land Grading and Storm Inlet Sediment Traps. The Contractor is alerted to the fact that his construction operations may cause undue sedimentation at various locations and erosion of the land in and around the construction area. Such areas of erosion and sedimentation are difficult to predict and are best determined in the field as construction progresses. The Contractor should be aware that such areas of erosion and sedimentation generally include but are not limited to: drainage outlets, steep slopes and in areas where vegetation has been removed. The Contractor should be prepared to take remedial measures and to install erosion and sedimentation control devices as necessary to correct all adverse erosion and sedimentation. The extent and location of erosion control measures shall be as determined in the field by the Engineer or his designated representative. The Contractor shall be responsible for providing all materials, labor and equipment necessary for the construction of erosion control measures. The Contractor shall maintain all erosion control measures until final acceptance and shall remove them after final acceptance of the project. This item will not be measured and paid for separately. Costs for this item shall be subsidiary to other items of work. RESTORATION AND REVEGETATION Unless otherwise directed by the Engineer: All unpaved areas disturbed during construction shall be graded and shaped to conform to the topography existing prior to construction. Said areas shall then be restored by providing topsoil and vegetation or by providing surface material that existed prior to construction (i.e. peagravel, flexible base, etc.). The type of vegetation or surface material provided shall equal or exceed the type of vegetation or surface material, which existed prior to construction unless otherwise requested by the property owner. This item will not be measured \ \Taddk \my documents \1026smp00\Phax1 contract \TECHSPEC.smp2000.doc TS -6 and paid for separately, Cost for this item shall be subsidiary to other items of work. EXISTING SHRUBS AND TREES It is the intent of the Owner to preserve as many existing trees and shrubs within the construction area as possible. The Contractor shall not remove, trim or otherwise disturb existing trees and shrubs unless otherwise directed by the Engineer. The Contractor, at his sole expense and without compensation from the Owner, shall be responsible for replacing all trees and shrubs damaged where in the opinion of the Engineer, such damage was avoidable. When directed by the Engineer, the Contractor shall carefully excavate existing shrubs that conflict with proposed construction and properly re -plant said shrubs within the right -of -way in a location determined by the Engineer after he has conferred with the respective property owner. The Contractor will not be responsible for guaranteeing the success of the re- planted shrubs provided he has exercised proper care and followed appropriate re- planting procedures. No separate pay will be made for this item. Costs for this item shall be subsidiary to other items of work. All shrubs unduly damaged during excavation or re- planting shall be replaced at the Contractor's sole expense without compensation from the Owner. ITEM 7 CONSTRUCTION AND TRAFFIC CONTROL WITHIN HIGHWAY RIGHT -OF -WAY All construction performed, all traffic controls and all warning signs within any right -of -way of the State of Texas shall be in accordance with any rules, regulations and policies of the State Department of Highways and Public Transportation. Wrcddkvmydocumenm11026amp0 Uheselmno-acdTECHSPEC.emp2000 .doe TS -7 ITEM 8 MAIL BOXES The Contractor shall temporarily relocate all mail boxes that are in conflict with construction activities. Mail boxes that are temporarily relocated shall be erected in an upright position and shall be sufficiently anchored to prevent them from being easily tipped or blown over, lifted or removed. The temporary location of all mail boxes shall be outside the construction area and shall be readily accessible for mail delivery and retrieval. The temporary location of mail boxes and the means and methods of installation shall be subject to the approval of the Engineer. As soon as practical during or after construction, all mail boxes temporarily relocated shall be permanently reinstalled. Mail boxes shall be installed in the same respective location that they were in prior to construction, unless otherwise requested by the property owner. However, all mail boxes shall be installed according to postal regulations regardless of the installation prior to construction. The City of Round Rock may allow the various property owners the option of replacing their existing mail boxes. In such cases, the property owner will be responsible for purchasing and providing a new mail box to the Contractor who will permanently install the new box and will be responsible for discarding the old box. Property owners exercising such option shall provide a new mail box that requires installation, in the opinion of the Engineer, that is similar to that of the mail box it is intended to replace. Mail boxes damaged by the Contractor shall be repaired or replaced as directed by the Engineer and at the Contractor's sole expense without additional compensation from the Owner. Temporary relocation and installation of existing mail boxes, discarding of old mail boxes (where applicable), and permanent installation of existing or new mail boxes (where applicable), will not be measured and paid for separately. Costs for these items shall be subsidiary to other items of work. \\Toddk\,y daumeam\1O26 mpQ0\rhaset comma aThCHSPEC.smp2000.d« TS -8 ITEM 9 SEAL COAT 9.01 ASPHALTS, OILS, AND EMULSIONS (ITEM 301) The asphaltic material specified for the City of Round Rock Seal Coat Project is HFRS -2 (Polymer). When tested according to Texas Highway Department Test Methods, this material shall meet the applicable requirements of this section. Application rate to be .27 to .30 gallon per square yard. 9.02 AGGREGATES FOR SURFACE TREATMENT (ITEM 302) The aggregate to be used for the City of Round Rock Seal Coat Project is Type F, Grade 5 and shall meet the applicable requirements of this section. The application rate shall be approximately 1 cubic yard aggregate per 120 square yards of seal coat area or as directed by the Engineer. The Contractor will be responsible for maintaining all streets until final acceptance of the project. Maintenance will consist of removing excess aggregate with vacuum - type sweeper, rolling and adding more aggregate as directed by the Engineer. Prior to final acceptance of the project, the Contractor shall remove all excess aggregate from the ROW utilizing a vacuum type sweeper only and post a one year warranty bond in the amount of one hundred percent (100%) of the contract price. Excess aggregate shall be stockpiled at a location as directed by the Engineer. 9.03 EQUIPMENT (ITEM 312.3) Flat wheel roller shall not be used. Rotary type broom is to be used only for cleaning existing surfaces. 9.04 CONSTRUCTION METHODS (312.4) Section (1) shall be amended to read as follows: All cracks, holes and depressions shall be sealed and patched prior to seal coating. Material used for sealing and patching shall be hot mix, hot lay asphaltic concrete or other asphaltic materials as approved by the Engineer. Holes and depressions with surface area in excess of 2 square feet will be patched and paid for under bid item for "Hot Mix Asphaltic Concrete spot fill and level -up ". No separate \\ Toddk\ myd« mmentA 1026ampWVP6aselcrnntracdTECHSPEC amp2000.doc TS -9 payment will be made for sealing and patching cracks or other holes and depressions. Section (2), the first sentence shall be amended to read as follows: Prior to placing the seal coat, all loose dirt, gravel, weeds, grass, EXISTING TRAFFIC BUTTONS and other material deemed objectionable by the Engineer shall be removed from the existing roadway surface and lip of gutter /pavement interface. Section (4), paragraph 5, the second sentence shall be amended to read as follows: Building paper or other approved materials shall be spread on all manholes, valve boxes, junction boxes, concrete valley gutters, other concrete surfaces, etc. to protect them from being covered with asphaltic materials. Section (6) paragraph 5, the first sentence shall be amended to read as follows: Once seal coated, the contractor will be responsible for maintaining all streets seal coated until final acceptance of the project by the City. Unless otherwise directed by the Engineer, light sweeping shall be performed on the seal coated area as soon as practical after rolling and in such a manner that the fresh seal is not damaged but so any loose or excess chips are removed before trafficking. 9.05 TRAFFIC CONTROL FACILITIES (ITEM 312.5 and 803) Paragraph two of Section 312.5 shall be amended to read as follows: The Contractor shall notify all abutting residents and owners along the street a minimum of 48 hours prior to seal coat operation. Prior to construction, the contractor shall provide a Traffic Control Plan (TCP) prepared by a licensed engineer subject to the review and acceptance of the Engineer, showing all barricades, signs and other types of devices necessary for traffic control during seal coat operations and as necessary following seal coat application. "Road Work Ahead ", "One Lane Road Ahead ", Flagger Ahead ", Be Prepared to Stop", "Loose Gravel", "No Center Stripe" "Next _ Miles" "End Road Work", "Slow" "Stop" advisory speed , , adviso seed limit and other signs shall be installed in appropriate locations. All traffic control devices shall be in conformance with the Texas Manual of Uniform Traffic Control Devices (TMUTCD). \\ Toddk\m ydoc" meora51026emp00\ Phase' conmcdTECHSPEC.emp2000.doc TS -10 Adequately marked pace cars shall be provided as part of the TCP to control traffic in areas where roads must be reduced to one lane and to keep traffic at speeds of 25 mph or less on new chip seal surfaces for a minimum of one hour following final rolling. Flagmen shall be provided as necessary. No lanes of any roadway shall be closed or remain closed before 9:00 a.m. or after 4:00 p.m. CST. Short term pavement marking tabs shall be installed to mark roadway center lines and lane lines until standard pavement markings are placed, at which time the short term markings shall be removed. Preparing the TCP, providing pace cars, providing short term pavement marking tabs, providing flagmen, installing, moving, replacing, maintaining, cleaning and removing upon completion all barricades, signs, cones, lights and other devices for traffic control shall not be measured and paid for separately. Costs for these items shall be subsidiary to price bid for Seal Coat. 9.06 MEASUREMENT AND PAYMENT (ITEMS 312.7 AND 312.8) Seal coat shall be measured by the square yard of surface treated. Payment will be made under Seal Coat Complete in place, per square yard. \1Toddk\my documents \IOZ6amp0%Phese1 conuscdTECHSPECsmp2000 .doe TS •11 ITEM 10 THERMOPLASTIC PAVEMENT MARKINGS (ITEM 861) 10.01 MEASUREMENT AND PAYMENT (ITEM 861.7 AND 861.8) Thermoplastic pavement markings (reflectorized) shall be measured and paid for by the equivalent length of 4 -inch width stripe, white or yellow, per linear foot. ITEM 11 REFLECTORIZED PAVEMENT MARKERS (ITEM 863) 11.01 MATERIALS (ITEM 863.2) Pavement marker types shall be Type 11 -A -A or Type 1 -C as indicated on the plans. \ \Toddk \my documents \1026empOO\Phma contract\TECHSPECampZ000.doc TS -12 7.0 PLANS, DETAILS AND NOTES 1 1 1. All construction shall be in accordance with the City of Austin Standard Construction 1 1 1 1 1 1 1 1 1 1 1 1 1 10. The Round Rock City Council shall not be petitioned for acceptance until all necessary easement documents have been signed and recorded. 1 1 1 2. If blasting is planned by the Contractor, a blasting permit must be secured from the City of Round Rock prior to commencement of any construction. Blasting will not be permitted within 15 feet of any existing utility lines or structures without prior written consent of the Engineer. 3. Any existing utilities, pavement, curbs, sidewalks, structures, trees, etc., that are damaged or removed shall be repaired or replaced by the Contractor at no cost to the Owner. 4. The Contractor shall verify all depths and locations of existing utilities prior to any construction. Any discrepancies with the construction plans found in the field shall be brought immediately to the attention of the Engineer. 5. Manhole frames, covers, valves, cleanouts, etc. shall be raised to finished grade prior to final paving construction. 6. The Contractor shall give the City of Round Rock 48 hours notice before beginning each phase of construction. Telephone 218 -5555 (Public Works Department). 7. All areas disturbed or exposed during construction shall be revegetated in accordance with the plans and specifications. Revegetation of all disturbed or exposed areas shall consist of sodding or seeding, at the Contractors option. However, the type of revegetation must equal or exceed the type of vegetation present before construction unless otherwise requested by the property owner. 8. Prior to any construction, the Contractor shall convene a preconstruction conference between the City of Round Rock, himself, the Engineer, other utility companies, any affected parties and any other entity the City or Engineer may require. 9. The Contractor and the Engineer shall keep accurate records of all construction that deviates from the plans. The Engineer shall furnish the City of Round Rock accurate "As- Built" drawings following completion of all construction. These "As- Built" drawings shall meet with the satisfaction of the Public Works Department prior to final acceptance. Plans- smp- 2000nk GENERAL NOTES Specifications as adopted and amended by the City of Round Rock. PDN -1 11. When construction is being carried out within easements, the Contractor shall confine his work to within the permanent and any temporary easements. Prior to final acceptance, the Contractor shall be responsible for removing all trash and debris within the permanent and temporary easements. Clean -up shall be to the satisfaction of the Engineer. 12. Prior to any construction, the Contractor shall apply for and secure all proper permits from the appropriate authorities. SPECIAL CONSTRUCTION NOTES 1. Bid Item No. 2: Pavement repair, shall consist of sawcutting, excavating the existing pavement to a depth of 8 inches, compacting the remaining base, installing in two (2) lifts, a Type A or Type B hot mix asphaltic concrete base course. The spot areas to be repaired are shown schematically on the program layout sheets. The actual areas to be repaired shall be as laid out by the Engineer and are apparent and visible as failure areas. 2. Bid Item No. 3: HMAC spot fill and level -up at street cuts, depressions and areas of curb and gutter replacement, prior to seal coat, shall consist of applying a Type D or Type D modified HMAC level -up course at spot locations as directed by the Engineer. The locations are generally previous street cuts that have settled below grade and exhibit a rough vehicular ride, areas around manholes and over utility lines and areas where curb and gutter is being replaced to eliminate ponding areas and improve the grade line. Plans-smp-2000/tk Bid Item No. 4: Remove and replace concrete curb and gutter, shall consist of saw cutting and removing the existing curb and gutter, excavating to a depth of 8 inches below the bottom of curb, compacting the subgrade, installing an 8 inch minimum Type A or Type B HMAC base course, constructed in two lifts, and replacing the curb and gutter. Where the curb and gutter requires elevating at existing depressions, the elevation shall be accomplished by increasing the thickness of the Type A or B base course. The actual areas to be removed and replaced shall be as laid out by the Engineer and are apparent and visible as failed or depressed areas. The new curb and gutter shall be doweled into the existing curb and gutter at both ends of the repair section. Tooled construction joints shall be provided where the new curb and gutter meets the existing curb and gutter. If an existing expansion joint is removed, an expansion joint shall be constructed between the new curb and gutter and the existing curb and gutter at one end of the repair section, and a tooled construction joint provided at the other end of the repair section. Payment shall be made under the Item Remove and Replace concrete curb and gutter. The area under the replaced curb and gutter, to a distance of 18 inches behind the back of curb, shall also be measured and paid for under Item No.2 Pavement Repair which shall be payment for excavating for and installing the Type A or B HMAC base course. PDN -2 Location Tyne Cypress Blvd. White skips 10' long, 40'O.C. — Type 1 -C reflectorized pavement marker at 80' spacing between skips. Oakmont Drive Two solid yellow centerline - double Type 11- A-A reflectorized pavement markers at 40' spacing 1 " -2" outside the centerline stripes. Sunrise Road McNeil Road Gattis School Road Old Settlers Road Two solid yellow centerline and white skips 10' long, 40' O.C. - double Type 11 —A -A reflectorized pavement markers at 40' spacing 1 " -2" outside the centerline stripes and Type 1 -C reflectorized pavement markers at 80' spacing between skips, (exception where center lane exists, the center lane shall be marked with a solid yellow stripe and yellow skips 10' long, 40' O.C. (inside solid stripe) on both sides of the lane, with Type 11 -A -A reflectorized pavement markers between the yellow skips at 40' spacing.) Various Locations at street intersections 12" White stop bar. 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 The following striping and Reectorized Pavement Markers are included in the work: Pl - 2000tk PDN -3 STREET AND DRAINAGE NOTES 1. All testing shall be done by an independent laboratory at the Owner's expense. Any retesting shall be paid for by the Contractor. A City inspector shall be present during all tests. City inspectors shall be given a minimum of 24 hours notice prior to any testing. Telephone 218- 5555 (Inspections). 2. Backfill behind the curb shall be compacted to obtain a minimum of 95% maximum density to within 3" of top of curb. Material used shall be primarily granular with no rocks larger than 6" in the greatest dimension. The remaining 3" shall be clean topsoil free from all clods and suitable for sustaining plant life. Plan - - 2000Ak PDN-4 1. Any methods, street markings and signage necessary for warning motorists, warning pedestrians or diverting traffic during construction shall conform to the Texas Manual of Uniform Traffic Control Devices for Streets and Highways, latest edition. This manual shall also apply to new construction in this project. Plans- amp- 2000ftk TRAFFIC MARKING NOTES PDN -5 1. Erosion control measures, site work and restoration work shall be in accordance with the City of Round Rock Erosion and Sedimentation Control Ordinance. Plan.-smp- 2000/tk EROSION AND SEDIMENTATION CONTROL NOTES PDN -6 Maintenance Type Spot Fill & Level - Up Pavement Repair Remove 8 Replace Curb 8 Gutter RICHARD RREDYIDIAICDATA\STREET MAMENANCE PROGRAM Maintenance Type 1 Spot FBI&Level - Up 2 Pavement Repair RICHARD REEDY.DURCDATASrREET MAINTENANCE PROGRAM 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 • 4 `pmu► 1111 ; n • :001 1 rin x n►o am GV4 re Zoom stssiont astoinst 1 j 11 1 1 ►_ .n a. Gattis School Rd & Kenninngham Park Area of Interest 1 • 2 • 3 • Maintenance Type Spot Fill & loved - Up Pavement Repair Remove & Replace Curb & Butter tl Hp 11* •1 V /111111111/ �►� :v = 0.„-4 ,.... ..40: 0 oil Nos •....• la � r p O` C � 1g Z ► � amm nI 11111111�.11.► , i: .M ■ ■ �� ��t11t.11t1111 1111111111111x• • \ jig: �;: IIIIIIIIII 1111111C1111111111111iii`' P ; ■� 1 1_ 11 11 anemummuumum v.� 11. ■■ ■_ ► amt •k` %. /0 .`J `. a OM ■ ■ .... iii in MMInikanitininatil1044■4* • 1 1/ 11, aatat_ is ■- pt' ��- ■ r�j 1 , �� . � .� , �'� � ` Ira INN ■ = • • r W. 4. 44ipt mi / ��, 1 1 am In o III Mim NW � 11111 (5 I• 'i0 j� vi i i . is 00 A - 1 �� . �, . . tn..... 1;4 i Si 10: sk „ .. . .......... . ,� �t•� i ♦ ♦i � i .i•. •O, . �� ♦ • 0 i �9i .11,1011:: III i�� �p ►� 1 ,0*- � �� ���� ♦ ♦ ice ♦i .� ::::;;;;;‘,10 i •� �����.`����IDpI.' .�. $0� • �� • - �� �- ► i %� ,��% ♦ • ♦• � � ♦ • i` p 1 • 7” iuunnmummn Il na RICHARD REEDWJARCDATAGIREST MA NTENANCH PROGRAM 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 at o" , 11 41 1 1 1 / f. i► Q �� Q• � 1�� �f��11 1�� ` � o r �� ��� Q. �i . .nuannu up• •• tea/ i�j � i♦r OA r V.. r 274.41 r • i p ♦ 1141 � : - Wi Or � � �1 % Watt . r � ♦ / Oaaa r■ OJ � �:\ \O� .� A�� / ►\��� r r � . i :9 !i • • i � # i .� \ ♦•� \ . P Va t i.,.. t♦nrapalalRannnulPnq �� -- .1 r r r rr r \ \i ♦ \ \ ��•J \ ♦ �l • �� �rr��r ♦ 1 1 .I Q. r4 ■ ♦. t J ♦ \ ��i♦�. � r ♦� III O� �O � I�y� ♦ \ • � , • , .� � \ i♦illll iOr\ • '4 1 04 �`� • q� % 1 1 ♦ ♦�♦ I /, \� ��.��p` �: 11- an ��Ilo ► , 11 % 1... A l iVtiitte 4 4 '61 1Stis i p e lg l et tir ,. war mo • p.I • + .i T rte Maintenance Type 2 Pavement Repair 3 Remove & Replace curb & Gutter RR]GRDREEDWMARCDATAl41REEf MAINTENANCE PRCGRAM Street From To Length Width Sq/Yds. SUNRISE RD PALM VALLEY BOULEVARD DAVID CURRY DRIVE 6557 41 29871 SUNRISE RD DAVID CURRY DRIVE CHANDLER ROAD 10356 57 65588 16913 95459 OLD SETTLERS BIVD NORTH MAYS STREET METROPARK/ 1 3326 45 16630 OLD SETTLERS BIVD METROPARK/ 1 SETTLEMENT/ 5 2778 45 13890 OLD SETTLERS BIVD END OF SECTION 4 CITY LIMIT LINE 696 57 4408 OLD SETTLERS BIVD END OF SECTION 5 END OF SECTION 4 1448 57 9171 OLD SETTLERS BIVD SETTLEMENT/ 5 END OF SECTION 5 747 57 4731 8995 48830 MC NEIL RD I.H. 35 FRONTAGE ROAD (N.B.' OAKRIDGE DRIVE 7498 45 37490 MC NEIL RD I.H. 35 FRONTAGE ROAD (N.B.: BEGINNING OF MEDIAN 1486 45 7430 MC NEIL RD BEGINNING OF MEDIAN END OF MEDIAN 175 14 272 MC NEIL RD BLAIR STREET END OF CURB & GUTTER 207 27 821 MC NEIL RD OAKRIDGE DRIVE CITY LIMIT LINE 3050 21 7117 MC NEIL RD END OF CURB & GUTTER BAGDAD AVENUE 334 21 779 12750 53709 GATTIS SCHOOL RD SOUTH MAYS STREET MAGNOLIA DRIVE 855 40 3800 GATTIS SCHOOL RD MAGNOLIA DRIVE END OF CURB & GUTTER 6430 44 31436 7285 35236 CYPRESS BLVD CHANDLER ROAD SUNRISE ROAD 5425 48 28933 OAKMONT DR CHANDLER ROAD END OF SECTION 2 679 40 3018 OAKMONT DR END OF SECTION 2 CYPRESS BOULEVARD 2470 40 10978 8574 42929 HIDDEN VALLEY DR SUNRISE ROAD END OF OAKMONT CROSSIN( 1121 40 4982 Kenningham Park 105 271 6323 0 MI — — — MI NM MN NM W I I MI — — — — MO NM STREET MAINTENANCE PROGRAM PHASE 1 ! SEAL COAT - 2000 6-07 -2000 12:39PM FROM SUMMIT 2104020363 P.2 66/07/2000 18:33 FAX 8122185183 CORR PUBLIC mutts J uuz'uoz h - L0 O 2 - 1 - F)--03 RECEIVED JUN 1 2 2000 CERTIFICATE OF LIABILITY INSURANCE neom / /oo PRODUCER McQueary Henry Bowles Troy, LLP 16607 Blanco Rd., Suite 904 San Antonio, TX 78232 INSURED Big Tex Paving, Inc. C PO Box 1490 Johnson _city TX 2Z8636 THIS IS TO CFATIFY MAT& Ruled tamed above is insured by the Companion listed above wish respect to the beldam operations the � Deceptions to the polio are noted below, afthe standard policies used by CO TYPE INSVRANCE ii01 un nvr IrMIIRATPINV wars 1•TR NUMMI DATZ DATTr A 68tRAAL LIABRdTY AltOMON:ATIASS1SY tiMWS tIAAnnv Omcsettorrectwearr notristocAnowasernereMSECIAI. nemsnoiCerTioNS r^abasol+er err KZB513817 '3/31/00 3/31/01 PBD-7 CONDOMS AFFORDING COVERAGE A Royal Surplus Lines Insurance Co. 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