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R-00-05-25-11C1 - 5/25/2000RESOLUTION NO. R- 00- 05- 25 -11C1 WHEREAS, the City of Round Rock has duly advertised for bids for the Lance Haven Lift Station Demolition Project, and WHEREAS, Keystone Construction of Austin has submitted the lowest and best bid, and WHEREAS, the City Council wishes to accept the bid of Keystone Construction of Austin, 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 Keystone Construction of Austin, for the Lance Haven Lift Station Demolition Project. 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. ATTEST: RESOLVED this 25th day of M. , 200 LAND, City Secretary K, \Henocs \Hesosvri \Haosnci.Hao / ®c City of Round Rock, Texas 110 fir Re: RT A. STLUKA, t , Mayor An employee -owned company April 27, 2000 Mr. Steven D. Miller, P.E. City of Round Rock Department of Public Works 2008 Enterprise Round Rock, Texas 78664 RE: Lance Lane Lift Station Abandonment PBS &J Project No. 4400787.00 0305 Dear Steve: Sealed bids were received for the construction of the above - referenced project on April 25, 2000, at 2:00 p.m. CST, from the following contractors: • Salas Constructors • Keystone Construction Inc. • JNM Construction The certified bid tabulation is attached. The lowest bid was $87,903.60, received from Keystone Construction Inc. Our review indicated that Salas Constructors' bid was in error, and their recalculated total is $120,127.00. JNM Construction did not acknowledge Addendum No. 1 in their bid. However, neither of these factors affects our recommendation of the low bid. It is PBS &J's recommendation to award the contract to Keystone Construction. Should you have any questions, please feel free to contact me. Sinc Fran isco C. Guerrero, P.E. Project Manager FCG /lah Attachments WMH4323SRound Rock L$.Lanco HvnW407870305 Round Rek Lance LO,Rid Reenmmendetlon .M!Ee,Guene,e-04280028 doe 206 Wild Basin Road, Suite 300 • Austin, Texas 78746 • Telephone: 512.327.6840 • Fax: 512.327.2453 • www.pbsj.com An employee -owned company April 27, 2000 PBS &J Project No. 440787.00 0305 I certify that the attached bid tabulation was prepared from sealed bids received at 2:00 p.m., April 25, 2000, for the Lance Lane Lift Station Abandonment. tv • • . -7 1 0 t k ' • •. •. PD FRANCISCO : GUERRE. ...... ....jee V6sVOE 4 NAEe. 11� Franc' IC. Guerrero, P.E. 206 Wild Basin Road, Suite 300 • Austin, Texas 78746 • Telephone: 512.327.6840 • Fax: 512.327.2453 • www.pbsj.com BID TABULATION STATEMENT This tabulation may Include Incorrect price extensions or transcription errors, and is subject to change if conflicting information is discovered during analysis of the bid responses. Final award of the contract will be based on best evaluated bid, taking into account all of the evaluation criteria set forth in the Request for Proposal; therefore, award may not necessarily be to the low bidder. Bidders SALAS CONSTRUCTORS 413 LIGHTSEY ROAD AUSTIN, TX 78704 (512)784 -5875 • KEYSTONE CONSTRUCTION INC. P. O. BOX 160938 AUSTIN, TX 78716 -0938 (512)288 -6437 JNM CONSTRUCTION 11920 JONES ROAD MANOR, TX 78653 (512)845 -7876 No. Item No. of Units Unit Description of Item Unit Price Total Amount Bid Unit Price Total Amount Bid Unit Price Total Amount Bid Erosion Controls El 642 627 LF Silt Fence, complete in place per linerat foot for 93.00 $1,881.00 93.80 $2,382.60 $1.50 6940.50 E2 602/604 1045 SY Restoration and Revegetation, complete in place per square yard 53.00 63,135.00 $0.80 $836.00 51.00 $1,045.00 E3 641 2 EA Stabilized Construction Entrance, complete in place per each for 61 ,000.00 $2,000.00 51,000.00 $2,000.00 $850.00 $1,70000 E4 610 1 LS Tree protection, complete in place per lump sum for $2,500.00 52,50000 61,500.00 $1,500.00 $700.00 $700.00 E5 1 LS Waterway Stabilization, complete in place per lump sum for 93,50000 53,500.00 $2,300.00 52,300.00 $950.00 9950.00 E6 1 LS Concrete Swale /18" RCP Restoration, complete in place per linear foot for $2,800.00 $2,800.00 $2,500.00 52,500.00 $1,890.00 $1,890.00 E7 1 LS Playground, Parking and Sidewalk Restoration, complete in place per lump sum for $1,500.00 91,500.00 $2,200.00 $2,200.00 $500.00 $500.00 Total - Erosion Controls $17,316.00 1 $13,718.60 $7,725.50 City of Round Rock Lance Lane Lift Station Abandonment Bid Tabulation April 26, 2000 1. Mathematical error in original bid estimate, new corrected value, as shown. 2. Did not acknowledge receipt of Addendum No. 1; these item amounts are based on the original information given for Nos. S1 and S2. 440787/990727 Page 1 of 3 BID TABULATION STATEMENT This tabulation may include Incorrect price extensions or transcnpbon errors, and is subject to change ff conflicting information is discovered during analysis of the bid responses. Final award of the contract wil be based on best evaluated bid, taking into account all of the evaluation criteria set forth in the Request for Proposal; therefore, award may not necessarily be to the low bidder. Bidders SALAS CONSTRUCTORS 413 LIGHTSEY ROAD AUSTIN, TX 78704 (512)784-5875 KEYSTONE CONSTRUCTION INC. P. O. BOX 160938 AUSTIN, TX 78716-0938 (512)288 -6437 JNM CONSTRUCTION 11920 JONES ROAD MANOR, TX 78653 (512)845.7876 No. Item No. of Units Unit Description of Item Unit Price Total Amount Bid Unit Price Total Amount Bid Unit Price Total Amount Bid Wastewater Improvements S1 510 627 LF 8" PVC SDR -35 Gravity Wastewater Line, complete in place per linear foot for 088.00 555,176.00 553 00 $33,231.00 586.00 $51,600.00 2 S2 510 0 LF 12" PVC SDR -35 Gravity Wastewater Line, complete in place per linear foot for $0.00 $0.00 60.00 00.00 $86.00 $2,322.00 2 S3 509 627 LF Trench Safety, complete in place per linear foot for $3.00 51,881 00 61 00 0627.00 $2.00 $1,254.00 S4 506 5 EA Standard 4' Manhole with Bolted Cover, complete in place per each for 05,000.00 525,00000 $3,800 00 $19,00000 $3,500.00 517,500.00 S5 506 1 EA Metering Manhole, complete in place per each for 07,500.00 $7,500.00 $3,900.00 03,900.00 $3,600.00 $3,600.00 S6 627 LF Construction Staking, complete in place per linear foot for $2 00 01,254.00 $1.00 $627.00 61.50 8940.50 S7 1 EA Tie -in to Existing Manhole at Lift Station, complete in place per each for 53,000.00 53,000.00 $2,500.00 $2,500.00 $2,000.00 $2,000.00 S8 1 EA Tie -in to Existing Manhole at Brushy Creek Interceptor, complete in place per each for 52,000.00 $2,000.00 $2,000.00 $2,000.00 52,000.00 $2,000.00 City of Round Rock Lance Lane Lift Station Abandonment Bid Tabulation April 26, 2000 1. Mathematical error in original bid estimate, new corrected value, as shown. 2. Did not acknowledge receipt of Addendum No. 1; these item amounts are based on the original information given for Nos. S1 and S2. 440787/990727 Page 2 of 3 1, BID TABULATION STATEMENT This tabulation may include incorrect price extensions or transcription errors, and is subject to change if conflicting information is discovered during analysis of the bid responses. Final award of the contract wit be based on best evaluated bid, taking into account all of the evaluation criteria set forth in the Request for Proposal, therefore, award may not necessarily be to the low bidder. Bidders SALAS CONSTRUCTORS 413 LIGHTSEY ROAD AUSTIN, TX 78704 (512)784 -5875 KEYSTONE CONSTRUCTION INC. P. O. BOX 160938 AUSTIN, TX 78716-0938 (512)288 -6437 JNM CONSTRUCTION 11920 JONES ROAD MANOR, TX 78653 (512)845-7876 No Item No. of Units Unit Description of Item Unit Price Total Amount Bid Unit Price Total Amount Bid Unit Price Total Amount Bid S9 1 LS Fencing around Work Area (MH #4 -LS), complete in place per limp sum for 52,500.00 $2,500.00 $1,500.00 $1,500.00 5875.00 $875.00 S10 1 . LS Demolition of Existing Lift Station, complete in place per lump sum for $3,000.00 $3,000.00 $9,800.00 $9,800.00 83,000.00 $3,000.00 S11 800 1 LS Traffic Controls /Signage, complete in place per lump sum for 81,500.00 $1,500 00 $1,000 00 $1,000.00 $400.00 $400.00 Total - Wastewater Improvements $102,811.00 $74,185.00 $85,491.50 SUBTOTAL - EROSION CONTROL 817,316.00 1 $13,71860 $7,725.50 1 1 SUBTOTAL - WASTEWATER IMPROVEMENTS 6102,811.00 $74,185 00 $85,491.50 TOTAL AMOUNT BID $120,127.00 1 $87,903.60 593,217.00 440787/990727 City of Round Rock Lance Lane Lift Station Abandonment Bid Tabulation April 26, 2000 1. Mathematical error in original bid estimate, new corrected value, as shown. 2. Did not acknowledge receipt of Addendum No. 1; these item amounts are based on the original information given for Nos. S1 and S2. Page 3 of 3 WV.H4323Unound Rece4407070305 Round Rd, Lance Ln,Fwl as Tob042500 DATE: May 19, 2000 SUBJECT: City Council Meeting — May 25, 2000 - ITEM: 11.C.1. Consider a resolution authorizing the Mayor to execute a contract with Keystone Construction of Austin, Texas for the Lance Haven Lift Station Demolition Project. Three bids were received and opened on April 25, 2000 for the demolition of the Lance Haven Lift Station. Keystone Construction submitted the low bid at $87,903.60. Staff recommends proceeding with this project and awarding the bid to Keystone Construction. Staff Resource Person: Jim Nuse, Public Works Director. BY APPROVED CITY CONTRACT DOCUMENTS AND TECHNICAL SPECIFICATIONS FOR LANCE LANE LIFT STATION ABANDONMENT CITY OF ROUND ROCK, TEXAS 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 TO: Keystone Construction, Inc. (Bidder) ADDRESS: P.O. Box 160938 Austin, Texas 78716 -0938 PROJECT: Lance Lane Lift Station Abandonment OWNER'S CONTRACT NO.: N/A CONTRACT FOR: Lance Lane Lift Station Abandonment NOTICE OF AWARD (Insert name of Contract as it appears in the Bidding Documents) DATE: May 31, 2000 You are notified that your Bid dated April 25 , 2000 for the above Contract has been considered. You are the apparent successful bidder and have been awarded a contract for the: Lance Lane Lift Station Abandonment (Indicate total work, alternates or sections of Work awarded) The Contract Price of your contract is eighty -seven thousand, nine hundred three dollars and sixty cents ($87,903.60). Four (4) copies of each of the proposed Contract Documents (except Drawings) accompany this Notice of Award. Four (4) sets of the Drawings will be separately or otherwise made available to you immediately. You must comply with the following conditions precedent within 15 (fifteen) days of the date of this Notice of Award, that is by June 15, 2000. 1. You must deliver to the OWNER four (4) fully executed counterparts of the Agreement including all the Contract Documents. Each of the Contract Documents must bear your signature. 2. Deliver to the OWNER the Bonds as specified in the General Conditions and provided in Section 3.0. 3. Deliver to the OWNER an Insurance Certificate as specified in the General Terms and Conditions (paragraph 3.18). Failure to comply with the following conditions within the time specified will entitle OWNER to consider your bid abandoned, to annul this Notice of Award and to declare your Bid Security forfeited. Within fifteen (15) days after you comply with the above conditions, OWNER will return to you one fully signed counterpart of the Agreement with the Contract Documents attached. ACCEPTANCE OF AWARD KEYSTONE CONSTRUCTION By: (Contactor) ! (Owner) (Authoriz d Signature) Larry Vinklarek, Project Manager (Title) (Title) (e ( 2-1 (00 (Date) I By: (Authorized Signature) (Date) AND CONSTRUCTION PLANS FOR LANCE LANE LIFT STATION ABANDONMENT, CITY OF ROUND ROCK, TEXAS The attention of all prospective BIDDERS is directed to the following modifications to contract document, technical specifications and construction plans for the above - referenced project. The information contained in this Addendum supersedes information contained in the contract documents, technical specifications and construction plans to the extent indicated. All information contained in the contract documents, technical specifications and construction plans remains in full force and effect unless specifically modified herein. Acknowledge receipt of this Addendum. Failure to do so may be cause for rejection of your Bid. CONTRACT DOCUMENTS Section 2.0 — Bid Documents (Proposal Bidding Sheet): 1. Item No. S1 changes the Estimated Quantity from 600 LF to 627 LF. 2. Delete Item S2. DRAWINGS Sheet 3: 1. Plan and Profile has been revised from Sta. 1 +00 — 1 +27 as shown in the attached drawings. 2. Note 7 has been added to the notes on this sheet (see attachment). Special restoration within this area needs to be included in the cost for Item no. E2. 3. Add attached detail for tie -in at Brushy Creek Interceptor. 440787/990727 A -1 W MH4320W aund Rock LS-Lance RI/M.1078/ 0305 Round Rck Lance Ln Addendum 1.Goerrero- 040500 doc ) • - s / — ea = /MI / Q OM 1111111%.,111111 / / / / / / /-------- ii Lo Q / /r ri CD / . 11 i STA. 1+27.00 it / ''/ r INSTALL 4' DIA. MH#1 L_, tg- .r ;/ // ''/ '-te a, // / � ; PROPOSED 15' WIDE. // WASTEWATER EASEMENT v ; DOC# 2000009368 / (SEE NOTE 7) r 1 _, J - r r -I ROPOSED 8�; AVITY - STA. 1+00 BEGIN PROPOSED 8" WWL TIE TO EXISTING MH# 12 -_ O O •N + w O O 1 1 1 1 1 1 1- 1 1 1 1 1 1 1 1 1 1 1 1 IG - IIV BRUSHY CREEK INTERCEPTOR PLAN VIEW 12x8' ECCENTRIC REDUCER EMBEDDED IN CONCRETE (FL-660.75) • • A , • A . • .i • • A • �' . A • A • • 8'G,RAV Tr UNE XISTINC 12 STUBOUT (FL.. 660.75) 1. c SH OF FILE PR( TION 1. CONTRACTOR TO INSTALL TEMPORARY CHAINLINK FENCE AROUND WORK AREA FROM MANHOLE #4 TO LIFT STATION TO PREVENT CHILDREN FROM ENTERING WORK AREA. 2. BOTTOM FLOWLINE OF MANHOLE AT EXISTING LIFT STATION TO BE FILLED WITH COMPACTED CEMENT STABILIZED SAND TO ELEVATION 691.00. NEW INVERT IS TO BE CONSTRUCTED USING NONMETALLIC NON— SHRINK CEMENTITIOUS GROUT. ADD NEW CONE SECTION TO EXISTING MANHOLE(SEE DEMOLITION NOTES THIS SHEET). 3. ALL MANHOLES OUTSIDE OF PAVED AREAS SHALL HAVE BOLTED COVER. 4. CONTRACTOR RESPONSIBLE FOR RESTORING PLAYGROUND TO EXISTING CONDITIONS. 5. IF ACCESS TO THE WORK AREA IS REQUIRED THROUGH LANCE LANE, AN ADDITIONAL STABILIZED CONSTRUCTION ENTRANCE WILL BE REQUIRED. LOCATION TO BE COORDINATED WITH CITY OFFICIAL. 6. WASTEWATER METER & APPURTENACES TO BE INSTALLED BY OTHERS. 7. RESTORATION OF DISTURBED AREAS WITHIN THE CREEK APARTMENTS REQUIRES PLACEMENT OF 2 —IN TOPSOIL PRIOR TO BERMUDA GRASS COVER. PROJECT STAGING ® ROUND ROCK HOUSING AUTHORITY(RRHA); WORK AT THE RRHA AREA IS TO BE COMPLETED LAST. CONTRACTOR TO STAGE PROJECT SUCH THAT WORK INSIDE H HOUSING AUTHORITY IS AT FINAL STAGE OF PROJECT. WORK "'P . R S B66OQ INqi�,p YiMI ZE.iiME.�N CIA 0 0 0 N CD Ce L Y >- Q i- m ez m m o m o 0 z Z Y 0 Er L Document No. 990727 PBS&J Job No. 440787 CONTRACT DOCUMENTS AND TECHNICAL SPECIFICATIONS FOR LANCE LANE LIFT STATION ABANDONMENT FOR THE CITY OF ROUND ROCK, TEXAS Prepared for: City of Round Rock 221 East Main Street Round Rock, Texas 78664 Prepared by: PBS&J 206 Wild Basin Road Suite 300 Austin, Texas 78746 -3343 ^ /, - - — - -7 '''/\ il 4 F . :::::::::.; C . :Si: . E oF • *d RRERO t ¢- P )r G 4‘, omem `". O March 2000 Pruned on Recycled Paper 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 440787/990727 TABLE OF CONTENTS ii 1.0 NOTICE TO BIDDERS 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 Lance Lane Lift Station Abandonment will be received until 2:00 p.m. April 25, 2000, 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 "Sealed Bid ". 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, Specifications, and Instructions to Bidders may be obtained from the Offices of PBS&J, 206 Wild Basin Road, Suite 300, Austin, Texas beginning March 28, 2000 for a non- refundable charge of $75.00 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: Round Rock Leader: 3/27/2000 4/3/2000 440787/990727 NB -1 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. 440787/990727 BD -1 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 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. 440787/990727 BD -2 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 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; 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 440787/990727 BD -3 440787/990727 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. 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). BD-4 BID BOND KNOW ALL MEN BY THESE PRESENTS THAT WE, KEYSTONE CONSTRUCTTnN TNn. as PRINCIPAL and COLONIAL AMERICAN CASUALTY AND SURETY COMPANY as SURETY, are held and firmly bound unto the crTY OF Rni iNO Rnr,K hereinafter referred to as the "OWNER ", in the penal sum of five percent (59 %) of the total amount of the bid of the PRINCIPAL submitted to the OWNER, for the work described below; for the payment of which sum in lawful money of the United States of America, well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. In no case shall the liability of the SURETY hereunder exceed the sum of FIVE PERCENT OF GREATEST AMOUNT BID- T The CONDITIONS OF THIS OBLIGATION ARE SUCH, THAT whereas, said PRINCIPAL has submitted the above mentioned bid to the OWNER, for construction for the work under the "SPECIFICATIONS FOR CONSTRUCTION OF ANTE LANF 1 TFT 4TATTr1N ARAr nommunT forwhich bids are to be opened at the office of the OWNER. on APRIL zs, z000 NOW THEREFORE, if the PRINCIPAL is awarded the contract, and within the time and manner required under the heading "Instructions to Bidders ", after the prescribed forms are presented to him for signature, enters into a written agreement, substantially in the form contained in the Specifications, in accordance with the bid and files the two (2) bonds with the OWNER, one to guarantee faithful performance and the other to guarantee payment for labor and materials, then this obligation shall be mill and void, otherwise, it shall be and remain in full force and effect. In the event suit is brought upon this bond by the OWNER and judgement is recovered, said SURETY shall pay all costs incurred by the OWNER in such suit, including a reasonable attorney's fee to be fixed by the Court. In WITNESS WHEREOF, we have hereunto set our hands and seals this day of APRIL 25, 2000 . KFYSTnNF nfNSTaur:TTnI TNr. COLONIAL AMERICAN CASIfAIyTY AND SURETY Principal: t ANY By: p //`.fir -� By / ��/ W °a (Seal) HOWARD COWAN ATTORNEY -IN -FACT 440787/990727 BD -5 No. Item Estitnated Quantity Written Price and Description Unit Price Total Price El 642 627 LF Silt Fence, complete in place per linear foot for TA ti... D ollars 8 O 3 E.e. `— ..1.36 E , A / Cents E2 602 604 1045 SY Restoration and Revegetation, complete in place per square yard ///„ Dollars D J'a 136 — ;= .- Cents E3 641 • 2.0 EA Stabilized Construction Entrance, complete in place per each for 0,,,, 7Z ,, r....0 Dollars /000 — 2 — w„ Cents E4 610 1.0 LS Tree protection, complete in place per lump sum for �/ F f i t..,,,, /1 µ o4F-r�" Dollars /JC°oo — /sau — /L Cents E5 1 LS Waterway Stabilization, complete in place per lump sum for / Tw - 71'- . . 1-4,,,e.,, Dollars Z Sao — a.300 _ /V , Cents PROPOSAL BIDDING SHEET JOB NAME: Lance Lane Lift Station Abandonment JOB LOCATION: Round Rock, Williamson County, Texas OWNER: City of Round Rock, Texas DATE: 5, ?iGC) 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 Lance Lane Lift Station Abandonment 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: 440787/990727 BD -6 No. Item Estimated Quantity Written Price and Description Unit Price Total Price E6 E7 1 LS 1.0 LS Concrete Swale /18" RCP Restoration, complete in place per linear foot for T,,,, f; y. , / . ..-"Dollars oc .2.2'o ZSo — .. 2-2=k, ' /L c Cents Playground, Parking and Sidewalk Restoration, comp in placer lump sum for 7� /k W.. 4-, Dollars 5 /1 Cents Total Amount Erosion Control 6t /3 7 /e - Wastewater Improvements Si S2 S3 510 510 509 _60e' LF loa,-1 ��Q,twtQc �++c y,, 1 / - 7' v7 P • AD it c7 627 LF 8" PVC SDR -35 Gravity Wastewater Line, complete in place per linear foot for f; f� l Tx� , Dollars S3 — / — — 33.23/ — 617 — y.., Cents 12" PVC SDR -35 Gravity Wastewater Line, complete in place per linear foot for Dollars Cents Trench Safety, complete in place per linear foot for p,,,, Dollars y Cents S4 506 5 EA Standard 4' Manhole with Bolted Cover, complete in place per each for /�h, Y4 _, - ,E 9 4 D 3J'oa _ /yp Cents S5 506 1 EA Metering Manhole, complete in place per each for TA,. ,_1 /L Av. / Dollars , 3 ''94 3 goo Ax Cents S6 627 LF Construction Staking, complete in place per linear foot for a Dollars -- �� — iY' Cents S7 1.0 EA Tie -in to Existing Manhole at Lift Station, complete in place per each for 7.,.....15 r; v. / Dollars Sao — a.5 — /Yo Cents 1 1 1 1 1 d 1 1 1 1 1 1 1 1 1 i 1 1 1 440787/990727 BD -7 No. Item Estimated Quantity Written Price and Description Unit Price Total Price S8 ' 1 EA • Tie -in to existing Manhole at Brushy Creek Interceptor, complete in place per each for Two i Z,, s,,.,/ Dollars _ .22 000 — a on.. /1,r, Cents S9 1.0 LS Fencing around Work Area (MH #4 -LS), complete in place per lump s or f•t 7 // kid.-„f Dollars /ya' _ /5 Ain Cents S10 1.0 LS Demolition of Existing Lift Station, complete in place per lump sum /- 4' Dollars /PTA" _ � r .4 afi 9�vo •` 9,Poo — 7 A.0 Cents S11 800 , 1.0 LS Traffic Controls /Signage, complete in place per lump sum for Dollars ._ /AV /aeO Cents Total Wastewater Improvements . F ?Stt /es — TOTAL AMOUNT BID e7 903 6 The work shall be substantially completed within 60 calendar days from the date when Contract time commences to run, as provided in the General Conditions. All work shall be completed and ready for Final Acceptance in accordance with the General Conditions within 30 calendar days from the date of Substantial Completion. 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 ninety (90) 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 final. The Owner reserves the right to reject any or all bids and may waive any informalities. Respeytfully / Submitted, !/ R Vinklarek, Project Manager Project Manager CONSTRUCTION Larry Vin nager Print Name Larry Vin nager Title for KEYg N INC. Name of Firm 440787/990727 BD -8 KEYSTONE CONSTRUCTION INC. P. O. Box 160938 Austin, TeYac 78716 -0938 Address 6 /,P- 2 - 4.14 f t Telephone retary, if Contractor is a Corporation Irene S. Haralson, Secretary Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND COLONIAL AMERICAN CASUALTY AND SURETY COMPANY HOME OFFICES: P.O. Box 1227, BALTIMORE, MD 21203 -1227 Know ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, and the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, corporations of the State of Maryland, by F. L. BORLEIS, Vice - President, and T. C. JOHNSON, Assistant Secretary, in pursuance of authority granted by Article VI, Section 2, of the By -Laws of said Companies, which are set rth on the re , rse side hereof and are hereby certified to be in full force and effect on the date hereof, does hereby n 11 e, const L • d appoint Howard COWAN and Marla HILL, both of Lubbock, Texas, EACH its true an•1,�.- I agent h0. ttomey -in -Fact, to make, execute, seal and deliver, for, and on its behalf as surety, and as its act •rk ' ed: any bonds and undertakings EXCEPT bonds on behalf of Independent Executors, Community S • d Co Guardians; and the execution of such bonds or undertakings in pursuance of these presents, shale . bind'. said Companies, as fully and amply, to all intents and purposes, as if they had been duly execut ` acknow �, by the regularly elected officers of the Companies at their offices in Baltimore, Md., in their own o. -. persons ify thatxtract set forth on the reverse side hereof is a true copy of of saiWifipanies, and is now in force. d Assistant Secretary have hereunto subscribed their names and DEPOSIT COMPANY OF MARYLAND, and the COLONIAL , this 17th day of February, A.D. 2000. POSIT COMPANY OF MARYLAND The said Assistant Secretary does he Article VI, Section 2, of the respective IN WITNESS WHEREOF, the s affixed the Corporate Seals of the AMERICAN CASUALTY AN "t• 'l FIDELITY ATTEST: State of Maryland County of Harford On this 17th day of February, A.D. 2000, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, came F. L. Borleis, Vice - President and T. C. Johnson, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, and the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly sworn, severally and each for himself deposeth and saith, that they are the said officers of the Companies aforesaid, and that the seals affixed to the preceding instrument are the Corporate Seals of said Companies, and that the said Corporate Seals and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. L1428 -168 -5080 T.C.Johnson T. C. Johns COLONIA A MERICAN CASUALTY AND SURETY COMPANY SS: Assistant Secretary Assistant Secretary By: sco F. L. Borleis By: F L. Borders Vice- President Vice - President Patricia A. Trombettt Notary Public My Commission Expires: October 9, 2002 KEYSTONE CONSTRUCTION INC. P.O. BOX 160938 AUSTIN, TEXAS 79716 - 0938 512 -288 -6437 FAX: 512 - 288 -6439 CORPORATE RESOLUTION I hereby certify that it was RESOLVED by a quorum of the directors of Keystone Construction Inc. meeting on the 3rd day of December, 1999 ,that Larry Vinklarek, Project Manager, be and hereby is, authorized to execute all documents necessary to the trans of business in the State of Texas on behalf of the said Keystone Construction Inc., and that the above resolution has not been rescinded or amended and is now full force and effect; and in authentication of the adoption of this resolu //, I subscribed my name and affix the seal of the corporation this a day of , 2000. ( Seal ) I rene S. Haralson Sec retary 3.0 POST BID DOCUMENTS THE STATE OF TEXAS § COUNTY OF WILLIAMSON § AGREEMENT THIS AGREEMENT, made and entered into this as day of T Y 1 ^ , 201MD, by and between (Owner) City of Round Rock, Texas of the State of TexW's, acting through Robert A. Stluka, Jr., Mayor, thereunto duly authorized so to do, hereinafter termed OWNER, and Keystone Construction, Inc. of Austin, Texas, County of `FP dtb , and State of Texas, hereinafter termed CONTRACTOR. 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: 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 PBS &J, 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. 440787/990727 Abandonment of an Existing Lift Station and the Construction of 627 Linear Feet of 8 -Inch Gravity Wastewater Line and Associated Appurtenances PBD -1 The CONTRACTOR hereby agrees to commence work within ten (10) calendar days after the date written notice to do so have been given to him, and to complete the same within ninety (90) 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. IN WITNESS WHEREOF, the parties to these presents have executed this Agreement in the year and day first above written. CITY OF ROUND ROCK. TEXAS (OWNER) 1 (CONTRACTOR) ATTEST: 440787/990727 eirod" '11 A. S uka, Jr 1 Mayor g ONVIIVW ii911 City Secretary Signe PBD -2 BY: asr >, (fit. /moo c4 (Typed name) (Title) ATTEST: (The following to be executed if the Contractor is a Corporation.) KEYSTONE CONSTRUCTION INC. Vinklarek, Project Manager its qA.,/141. '4. S cretary, if Conti ctor is a Corporation or otherwise registered with the Secretary of State {RENES•HA N,SECRE(ARY I, IE&HARALSON,SEC ThIiY , certify that I am the Secretary of the Corporation named as Contractor herein; that Larry Vinklarek, Project Manage, r signed this Contract on behalf of the Contractor was theq arry Vinklarek. Protect Managefficial 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 scope of its corporate powers. IRENE S. HARALSON, SECRETARY 1 1 1 1 1 1 1 1 Corporate Seal 440787/990727 PBD -3 PERFORMANCE BOND WHEREAS, the Principal has entered into a certain written contract with the Owner dated the . day of , 20_ 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 consistin of: ABANDONMENT OF EXISTING LIFT STATION AND '1HE CONSTRUCTION OF 627 LINEAR FEET OF 8 -INCH GRAVITY WASTEWATER LINE AND ASSOCIATED APPURTENANCES 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 ex as if it were copied at length herein. THE STATE OF TEXAS COUNTY OF WILLIAMSON KNOW ALL MEN BY THESE PRESENTS: That KEYSTONE CONSTRUCTION INC. of the City of AUSTIN '� County of TRAVIS and State of rExas , Principal, and Q stntF ry rnntrA�ed under the law of the State of Texas to act as surety on bonds for principals, are held and firmly bound unto THE CDY OFROUND ROCK, TEXAS, (Owner), in the penal sum of EIGHTY SEVEN _THOUSAND NINE HUNDRED THREE AND 60/100 dollars ($ 87,903.60 ) for the payment whereof, well and truly to be made the said Principal and Surety bind themselves, and their heirs, administrators, executors, successors and assigns, jointly and severally, by these presents: 440787/990727 PBD4 BOND NO. 08523005 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 anywise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract, or to the work to be performed thereunder. IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this 1 day of 20 gFYSTFINF r r1w 1 N :1 TNr . I LARRY VIN LAREK, PROJECT MANAGER Title P.O. sox 78onss Address AUSTIN, TX 78716 -0938 Resident Agent of Surety: HOWARD COWAN Printed Name P. O. BOX 54020 Address Signature LUBBOCK, TEXAS 79453 City, State & Zip Code 440781/990721 MD-5 COLONIAL AMERICAN CASUALTY AND SURETY COMPANY Surety By: HOWARD COWAN, ATTORNEY -IN -FACT Title P. 0. BOX 54020 Address LUBBOCK, TEXAS 79453 THE STATE OF TEXAS COUNTY OF WILLIAMSON KNOW ALL MEN BY THESE PRESENTS: That KErsTONE coNsmucTIQN Inc. of the City Of AUSTIN County of TRAVIS , and State of Cp�,ONIAL Al TEXAS as Principal, and COMPANY 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 EIGHTY SEVEN THOUSAND NINE. HUNDRED THREE AND 60 /100--- - - - - -- -Dollars ($ 87,903.60 ) for the payment whereof, well and truly be made the said Principal and Surety bind themselves and their heirs, administrators; executors, successors, and assigns, jointly and severally, by these presents: 'WHEREAS, the Principal has entered into a certain written contract with the Owner, dated the day of , 20 , 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: AB ONMENT OF AN EXISTING LIFT STATION AND THE • CONSTRUCTION OF 627 LINEAR FEET OF 8 —INCH GRAVITY WASTEWATER LINE AND ASSOCTATF.D APPTTRTFUAV AC NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall well and truly pay all subcontractors, workers, laborers, mechanics, and suppliers, all monies to them owing by said Principals for subcontracts, work, labor, equipment, supplies and materials done and furnished for the construction of the improvements of said 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_ 4407871990127 PAYMENT BOND PBD -6 BOND HO. 08523005 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 anywise affect it's 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 day of , 20, KEYSTONE CONSTRUCTION INC. Principal LAFFW VINKLA9EK. Title Address P.O. aoX 160938 AUSTIN, TX 78716 -0938 Resident Agent of Surety: HOWARD COWAN Printed Name ' P. 0. BOX 54020 Address LUBBOCK, TEXAS 79453 City, State & Zip Code Signature 440187/990727 PROJECT MANAGER PBD-7 COLONIAL AMER AN CASUALTY Surety c ,. ■ By: 1# ;1t.7J HOWARD COWAN, ATTORNEY -IN -FACT Title P. 0. BOX 54020 Address LUBBOCK, TEXAS 79453 SURETY IMPORTANT NOTICE To obtain information or make a complaint: You may contact the Texas Department of Insurance to obtain information on companies, coverages, rights or complaints at: 1- 800 - 252 -3439 You may write the Texas Department of Insurance: P.O. Box 149104 Austin, TX 78714 -9104 FAX # (512)475 -1771 PREMIUM OR CLAIM DISPUTES: iTShould you have a dispute concerning. your premium or about a claim you-should contact the agent or 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 or condition of the attached document. Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND COLONIAL AMERICAN CASUALTY AND SURETY COMPANY HOME OFFICES: P.O. Box 1227, BALTIMORE, MD 21203 -1227 Know ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, and the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, corporations of the State of Maryland, by F. L. BORLEIS, Vice - President, and T. C. JOHNSON, Assistant Secretary, in pursuance of authority granted by Article VI, Section 2, of the By -Laws of said Companies, which are set rth on the re , -rse side hereof and are hereby certified to be in full force and effect on the date hereof, does h ereby n �� • e, con 't d appoint Howard COWAN and Marla HILL, both of Lubbock, Texas, EACH its e an •1; •1 agent . ttomey -in -Fact, to make, execute, seal and deliver, for, and on its behalf as surety, and as its act .( ed: any h< 1 bonds and undertakings EXCEPT bonds on behalf of Independent Executors, Community S and Co •,: Guardians; and the execution of such bonds or widertalcings in pursuance of these presents, sha C.,' bind' : : • said Companies, as fully and amply, to all intents and purposes, as if they had been duly execut acknow_ ■. ∎R`• by the regularly elected officers of the Companies at their offices in Baltimore, Md., in their own S• persons v The said Assistant Secretary does her Article VI, Section 2, of the respective fy that,. xtract set forth on the reverse side hereof is a true copy of s of saidVipanies, and is now in force. IN WITNESS WHEREOF, the s e - Presi• ,d Assistant Secretary have hereunto subscribed their names and affixed the Corporate Seals of the IDELI • I DEPOSIT COMPANY OF MARYLAND, and the COLONIAL AMERICAN CASUALTY N I s`t '+ TY C , this 17th day of February, A.D. 2000. FIDELITY ei� POSIT COMPANY OF MARYLAND ATTEST: L1428- 168 -5080 T. C. Johnson • Chet Ataid) Assistant Secretary F. L. Borleis LONIAL AMERICAN CASUALTY AND SURETY COMPANY SS: By: By: o4rsdl�ko6 „t� Vice-President T. C. Johns Assistant Secretary F. L Borleis Vice-President State of Maryland County ofHatford On this 17th day of February, A.D. 2000, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, came F. L. Borleis, Vice - President and T. C. Johnson, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, and the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly sworn, severally and each for himself deposeth and saith, that they are the said officers of the Companies aforesaid, and that the seals affixed to the preceding instrument are the Corporate Seals of said Companies, and that the said Corporate Seals and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. Patricia A. Trombetti Notary Public My Commission Expires: October 9, 2002 EXTRACT FROM BY -LAWS OF THE FIDELITY AND DEPOSIT COMPANY OF MARYLAND "Article VI, Section 2. The Chairman of the Board, or the President, or any Executive Vice - President, or any of the Senior Vice - Presidents or Vice - Presidents specially authorized so to do by the Board of Directors or by the Executive Committee, shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident Vice - Presidents, Assistant Vice - Presidents and Attorneys -in -Fact as the business of the Company may require, or to authorize any person or persons to execute on behalf of the Company any bonds, undertaking, recognizances, stipulations, policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in the nature of mortgages,...and to affix the seals of the Company thereto." EXTRACT FROM BY - LAWS OF THE COLONIAL AMERICAN CASUALTY AND SURETY COMPANY "Article VI, Section 2. The Chairman of the Board, or the President, or any Executive Vice - President, or any of the Senior Vice - Presidents or Vice - Presidents specially authorized so to do by the Board of Directors or by the Executive Committee, shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident Vice - Presidents, Assistant Vice - Presidents and Attorneys -in -Fact as the business of the Companies may require, or to authorize any person or persons to execute on behalf of the Companies any bonds, undertaking, recognizances, stipulations, policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in the nature of mortgages,...and to affix the seals of the Companies thereto." 1, the undersigned, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, and the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, do hereby certify that the original Power of Attomey of which the foregoing is a full, true and correct copy, is in full force and effect on the date of this certificate; and I do further certify that the Vice - President who executed the said Power of Attorney was one of the additional Vice - Presidents specially authorized by the Board of Directors to appoint any Attomey -in -Fact as provided in Article VI, Section 2, of the respective By - Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, and the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY. This Power of Attomey and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 10th day of May, 1990 and of the Board of Directors of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at a meeting duly called and held on the 5th day of May, 1994. RESOLVED: "That the facsimile or mechanically reproduced seal of the companiy and facsimile or mechanically reproduced signature of any Vice - President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company shall be valid and binding upon the Company with the same force and effect as though manually affixed." IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seals of the said Companies, this CERTIFICATE day of Assistant Secretary PERFORMANCE BOND THE STATE OF TEXAS COUNTY OF WILLIAMSON KNOW ALL MEN BY THESE PRESENTS: That of the City of 1 , County of , and State of , 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 CITYOFROUND ROCK, TEXAS, (Owner), in the penal sum of dollars ($ ) for the payment whereof, well and truly to be made the said Principal and Surety bind themselves, and their heirs, administr i ators, 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 , 20 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: 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. 440787/990727 PBD-4 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 anywise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract, or to the work to be performed thereunder. IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this day of 20 Principal By: Title Address Resident Agent of Surety: Printed Name Address City, State & Zip Code Signature 440787/990727 PBD -5 Surety By: Title Address PAYMENT BOND THE STATE OF TEXAS COUNTY OF WILT IAMSON { KNOW ALL MEN BY THESE PRESENTS: That , of the City of , County of , and State of as Principal, and authorized under the laws of the State of Texas to act as Surety on Bonds for Principals, are held and firmly bound unto THE CITY OF ROUND ROCK, (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 1 Dollars ($ ) 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 I day of , 20_, 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: NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall well and truly pay all subcontractors, workers, laborers, mechanics, and suppliers, all monies to them owing by said Principals for subcontracts, work, labor, equipment, supplies and materials done and furnished for the construction of the improvements of said 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. 440787/990727 PBD -6 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 anywise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract, or to the work to be performed thereunder. i IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this Instrument this day of , 20 Principal By: Title Address Resident Agent of Surety: Printed Name Address City, State & Zip Code Signature 440787/990727 PBD -7 Surety By: Title Address PRODUCER TEXAS ASSOCIATES INSURORS 1114 LOST CREEK BLVD #400 AUSTIN, TX 78746 • • A A • B GENERAL LIABILITY EXCESS LIABILITY OTHER S122886439 KEYSTONE CONT INC CERTIFICATE OF LIABILITY INSURANCE Darr. 6 -12 -00 INSURED KEYSTONE CONSTRUCTION, INC.,, C P 0 BOX 160938 AUSTIN, TX 78716 -0938 D THIS IS TO CERTLFY TEAT the Insured named above is insured by the Companies listed above with respect to the business operations hereinafter described, for the types of insurance and In accordance with the provisions of the standard policies used by the companies, and further hereinafter described. Exceptions to the policies are noted below. CO TYPE OF INSURANCE POLICY EFFECTIVE EXPIRATION LIMITS LTIL NUMBER DATE DATE CON18920133 3 -29 -00 3 -29 -01 AUTOMOBILE LIABILITY A CON32815079 3 -29 -00 3 -29 -01 CON82528150 3 -29 -00 3 -29 -01 WORKERS' COMPENSATION AND EMPLOYERS. UABtuiT STATUTORY LIMITS WC15591 3 - 29 - 00 3 - 29 - 01 DESCRIPTION OFOPEtAnIONS2oCATIONs/v cLPS/SPEC7ALITEMS/EXCEPTIONS • The City of Round Rock is paned as additional insured with respect to all pollees except Waken' Compensation and Employers' Liability. Should any of the above described policies by canceled or changed before the expiration date thereof, the issuing company will mall thirty (30) days written notice to the certificate ]older Domed below. CERTIFICATE HOLDER: City of Round Rock 221 E. Main Street Round Rock, Texas 76664 stn: Ioame Land 41°767/990127 PED COMPANIES AFFORDING COVERAGE AMARYLAND INSURANCE COMPANY B ASSOCIATION CASUALTY SIONATyItE OF AUTHORIZED REPRESENTATIVE TypedNade, GARY GRISSOM T7tle: AGENT 146 Pe2 JUN 12 '00 12:09 4.+ ', GENERAL AGGREGATE $2,000,000 PRODUCTS•COMR/oPAOG. $2,000,000 PERSONAL s; ADV. INJURY 51, 000, 000 EACH OCCURRENCE 51,000,000 FIRE DAMAGE (AnY one $re) $ 300,000 MED. EICPBNSE (Acre one pence) $ 10, 000 COMBINIDSIYGLELAIIT $ 1,000,000 DODU.YWUURYCP t 5 BODI INJURY (Per accident 5 PROPERTY DAMAGE 3 EACHOCCURRBNCE S5,000,000 AGGREGATE 55,000,000 SACHACODErT $ 1,000,000 DISEASE- POLICY MGT 5 1,000,000 DISEASE- BACHBMPIAYEB 5 1,000,000 1 CERTIFICATE OF 'LIABILITY INSURANCE ' PRODUCER COMPANIES AFFORDING COVERAGE A B INSURED C ' 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 I by the companies, and further hereinafter described. Exceptions to the policies are noted below. 1 ' CO TYPE OF INSURANCE POLICY EFFECTIVE EXPIRATION LIMITS LTR NUMBER DATE DATE 1 1 1 1 1 1 1 1 1 1 GENERAL LIABILITY AUTOMOBILE LIABILITY EXCESS LIABILITY WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY STATUTORY LIMITS OTHER DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES /SPECIAL ITEMS/EXCEPTIONS ' CERTIFICATE HOLDER: City of Round Rock 221 E. Main Street Round Rock, Texas 78664 attn: Joanne Land 440787/990727 PBD - Title: Date: GENERAL AGGREGATE $ PRODUCTS- COMP /OP AGG. $ PERSONAL & ADV. INJURY $ EACH OCCURRENCE $ FIRE DAMAGE (Any one fire) $ MED. EXPENSE (Any one person) $ COMBINED SINGLE LIMIT $ BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE $ EACH OCCURRENCE $ AGGREGATE $ EACH ACCIDENT $ DISEASE - POLICY LIMIT $ DISEASE - EACH EMPLOYEE $ I The City of Round Rock is named as additional insured with respect to ail policies except Workers' Compensation and Employers' Liability. Should any 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: WARRANTY BOND BOND NUMBER AMOUNT KNOW ALL MEN BY THESE PRESENTS, That we, (hereinafter called the "Principal ") as Principal, and the a Corporation duly organized under the laws of the State of and duly licensed to transact business in the State of (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 dollars ($ ) 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 WHEREAS, the said Principal has heretofore entered into a contract with Dated 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 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 year(s) from the date of acceptance of the project above described, by Owner: The City of Round Rock, Texas 4407871990727 day of , A.D. nineteen hundred and , 20 , for construction of: PBD -9 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. Principal By: Title Address Resident Agent of Surety: Printed Name Address City, State & Zip Code Signature 440787/990727 PBD -10 Surety By: Title Address 4.0 GENERAL CONDITIONS 1 1 General Conditions of Agreement 1 1. Definition of Terms 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 Contents 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. Responsibilities of the Engineer and the Contractor 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 440787/990727 GC -1 1 1 3. General Obligations and Responsibilities 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 3.01 - Keeping of Plans and Specifications Accessible 3.02 - Ownership of Drawings 3.03 - Adequacy of Design 3.04 - Right of Entry 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 440787/990727 GC -2 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 ' 6.06 Arbitration 7. Abandonment of Contract 7.01 Abandonment by Contractor 7.02 Abandonment by Owner 8. Subcontractors ' 8.01 Award of Subcontracts for Portions of Work 8.02 Subcontractual Relations 8.03 Payments to Subcontractors 1 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 t 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 1 1 1 1 1 440787/990727 GC -3 1. Definition of Terms 1.02 Contract Documents 440787/990727 General Conditions of Agreement 1.01 Owner, Contractor and Engineer The Owner, the Contractor and the Engineer and those persons or organization identified as such in the Agreement and 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. 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 of 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 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 The term Subcontractor, as employed herein, includes only those having a direct contract with the Contractor and 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 sub- contractor to perform any of the work at the site and 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. GC-4 t 1.05 Written Notice ' 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 at or sent by registered mail to the last business address known to him who gives the notice. ' 1.06 Work 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 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" as used in this contract shall be understood to mean and include all work that may be required by the Engineer or 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 Alteration," herein. 1.08 Working Day A "Working Day" is defined as any day not including Saturdays, Sundays or any legal 1 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 1 "Calendar Day" is any day of the week or month, no days being excepted. ' 1.10 Substantially Completed By the term "substantially completed" is meant that the structure has been made suitable ' for use or occupancy or the facility is in condition to serve its intended purpose, but still may require minor miscellaneous work and adjustment. 1 1 440787/990727 GC -5 2. Responsibilities of the Engineer and the Contractor 2.01 Owner - Engineer Relationship 2.02 Professional Inspection by Engineer 2.03 Payments for Work 440787/990727 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 Engineer. The Engineer will advise and consult with the Owner, and all of Owner's instructions to the Contractor shall be issued through the Engineer. The Engineer shall make periodic visits to the site to familiarize himself generally with the progress of the executed work and to determine if such work generally 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 in any way 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 in any way 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. The Engineer shall review Contractor's applications for payment and supporting data, determine the amount owed to the Contractor and recommend, in writing, payment to Contractor in such amounts; such recommendation of payment to Contractor constitutes a representation to the Owner of 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 Contractor shall not be deemed as a representation by Engineer that Engineer has made any examination to determine how or for what purpose Contractor has used the moneys paid on account of the Contract price. GC -6 1 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 the execution or progress of the work or the interpretation of the Contract Documents and the Engineer's decision shall be rendered in writing within a reasonable time, which shall not be construed to be less than ten (10) days. Appeal to arbitration upon mutual agreement may be taken as if his decision ' had been rendered against the party appealing. 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 arbitration as hereinafter provided. 1 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 ample 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 1 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 1 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 Engineer being interested only in the result obtained and conformity of such completed improvements to the plans, specifications and contract. 1 440787/990727 GC -7 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 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. Contractor shall be fully and completely liable, at his own expense, for 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 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 method, 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 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 from 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 Contractor from his responsibility to complete all work in accordance with said plans and specifications. 2.08 Contractor's Understanding 440787/990727 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 effect 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 GC -8 440787/990727 agreement or conversation with any officer, agent or employee of the Owner or 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 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 GC -9 440787/990727 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 fmished 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 Contractor's performance hereunder. 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 limitations, the obligation to at once tear out, remove and properly replace the same at any time prior to fmal 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 furnished, and in 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 furnished 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 borne 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, GC -10 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 440787/990727 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 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 case the Owner shall make such changes or alterations as shall make useless any work already done or material already furnished or used in said work, then the Owner shall recompense 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 Engineer and 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 inspector may confer with the Contractor or 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, 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 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, methods or manner of Contractor's performance of work in progress or GC -11 440787/990727 completed; or discovery or failure to discover or object to defective work of materials shall release Contractor from his duty to complete all work in strict accordance with the plans and specifications or stop the Owner or 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) 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 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 modification thereof and all approved additions and alterations thereto. 3.04 Right of Entry The Owner reserves the right to enter the property or location of 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 said Owner may desire. GC -12 3.05 Collateral Contracts 440787/990727 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 as not to delay the progress of the work, or damage said 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 the generally accepted practice for construction, and in the event of any discrepancies between the separate contract documents, the priority of interpretation defined under "Contract Documents" shall govern. 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 which 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, neglect, omission, mistake or default of the Owner or 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 GC -13 440787/990727 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 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. 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, in 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 bond or letter of credit, and payment bond 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 or letters of credit 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. GC -14 3.12 Protection of Adjoining Property 3.13 Protection Against Claims of Subcontractors, Laborers, Materialmen and Furnishers of Machinery, Equipment and Supplies 3.14 Protection Against Royalties or Patented Invention 440787/990727 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 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. The Contractor agrees that he will indemnify and save the Owner and Engineer harmless 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, 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 at the option of the Contractor either pay directly any unpaid bills, of which the Owner has written notice, or withhold from the Contractor's unpaid compensation a sum of money deemed reasonably sufficient to liquidate any and all such lawful claims until satisfactory evidence is furnished that all liabilities have been fully discharged, whereupon 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. 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 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 Contractor shall indemnify and save 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 GC -15 440787/990727 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 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. 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 damages, claim, loss, demand, suit, judgment, cost or expense: 1. Is attributable to bodily injury, sickness, disease or death to 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 GC -16 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 for the Contractor or any Subcontractor or Sub - Subcontractor under workmen's 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: 440787/990727 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 project - includes the time from the beginning of the work on the project until the contractor' s /person's work on the project has been completed and accepted by the governmental entity. GC -17 440787/990727 Persons providing services on the project ( "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 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: Ass 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 GC -18 440787/990727 (b) no later than seven 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 10 calendar days after the Contractor knew or should have known, or 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 project, to: (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 period GC -19 440787/990727 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; (f) notify the governmental entity in writing by certified mail or personal delivery, within 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 (g) 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. 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 administrative penalties, criminal penalties, civil penalties, 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 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. GC -20 440787/990727 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 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 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 Workmen's compensation) shall be endorsed to include the Owner as an additional insured thereunder. The Contractor shall not cause any insurance to be canceled 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, surplus and discarded 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 Contractor fails or refuses to clean and remove surplus materials and debris as above provided, the Owner or 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 days after receiving written notice of such defect from the Owner or Engineer by repairing same to the condition called for in the contract documents and plans and GC -21 specifications. Should the Contractor fail or refuse to repair such defect within the said thirty 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 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 Contractors are required to pay the 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 contractor and subcontractors shall keep and make available records of workers and their wages. Prevailing wage rates are published by the U. S. Department of Labor, Bureau of Labor Statistics, Southwestern Division and the Texas Employment Commission for the Austin Job Bank Area. The wage rate shall not be less than the minimum wage rates set by the U. S. Department of Labor, Employment Standards Administration, Wage and Hour Division. There is penalty of $10.00 per worker per day or portion of a day that the prevailing wage rate is not paid by the contractor or any subcontractor. 4. Prosecution and Progress 4.01 Time and Order of Completion 440787/990727 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 GC -22 440787/990727 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 m 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 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, fires, 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 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. GC -23 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 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 furnished 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 furnished. 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 20% more than, or 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 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 (5) percent 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 5.04 Partial Payments 440787/990727 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. On or before the lst 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 GC -24 440787/990727 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 10 percent of the amount thereof, which 10 percent 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, and 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 but 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 of or delays the work, the Contractor shall be entitled to such extra compensation, or 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 be found to be completed in accordance with the 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 GC -25 5.07 Final Payment 5.08 Payments Withheld 440787/990727 Certificate of Acceptance of the work to the Contractor or to advise the Contractor in writing of the reason for non - acceptance. 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 the 30th day, and before the 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. 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. GC -26 5.09 Delayed Payments 6.01 Change Orders 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 6% per annum, unless otherwise specified, from date due as provided under 'partial payments' and final 'payments,' 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 440787/990727 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. GC -27 6.03 Extra Work 440787/990727 Any request by the Contractor for a change in Contract Price shall be made prior to beginning the work covered by the proposed change. 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) be agreed upon before the Extra Work is commenced, then the Contractor shall be paid the "actual field cost" of the work, plus fifteen (15) percent. In the event said Extra Work be 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 foreman, 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 Workmen's Compensation, and all other insurance as may be required by any law or ordinance, or directed by the Owner, or by them agreed to. 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 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 100 per cent, unless otherwise specified, of the latest schedule of GC -28 440787/990727 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 (15 %) percent 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, 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 arbitration, as hereinbelow provided. 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 arbitration 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 fmal 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. GC -29 1 1 6.06 Arbitration All questions of dispute under this Agreement shall be submitted to arbitration at the request of either party to the dispute. The parties may agree upon one arbiter, otherwise, there shall be three, one named in writing by each party, and the third chosen by the two arbiters so selected; or if the arbiters fail to select a third within ten (10) days, he shall be chosen by a District Judge serving the County in which the major portion of the project is located, unless otherwise specified. Should the party demanding arbitration fail to name an arbiter within ten (10) days of the demand, his right to arbitrate shall lapse, and the decision of the Engineer shall be final and binding on him. Should the other party fail to ' choose an arbiter within ten (10) days, the Engineer shall appoint such arbiter. Should either party refuse or neglect to supply the arbiters with any papers or information demanded in writing, the arbiters are empowered by both parties to take ex parte proceedings. The arbiters shall act with promptness. The decision of any two shall be binding on both parties to the contract. The decision of the arbiters upon any questions submitted to arbitration under this contract shall be a condition precedent to any right of legal action. The decision of the arbiter or arbiters may be filed in court to carry it into effect. 1 The arbiters, if they deem the case demands it, are authorized to award the party whose contention is sustained, such sums as they deem proper for the time, expense and trouble incident to the appeal, and if the appeal was taken without reasonable cause, they may award damages for any delay occasioned thereby. The arbiters shall fix their own compensation unless otherwise provided by agreement, and shall assess the cost and charges of the arbitration upon either or both parties. The award �f the arbiters must be made in writing. 1 ' 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 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, 1 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 1 4-40787/990727 GC -30 440787/990727 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, Extra Work and Claims), 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: The Owner may thereupon employ such force of men and use such machinery, equipment, tools, materials and supplies as said Owner may deem necessary to complete the work and charge the expense of such labor, machinery, equipment, tools, materials and supplies to said Contractor, and expense so charged shall be deducted and paid by the Owner out of such moneys 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 said 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 said 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. (1) 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 to 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. GC -31 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 440787/990727 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. And 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 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. GC -32 1 1 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 1 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 reasonable objection to any Subcontractor on such list and does not 1 accept him. Failure of the Owner or 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 1 organization against whom he has a reasonable objection. If the Owner or 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 1 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. 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 1 440787/990727 GC -33 440787/990727 appropriate between Subcontractors and Sub - subcontractors) which shall contain provisions that: (1) preserve and protect the rights of the Owner and 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; (2) require that such work be performed in accordance with the requirements of the Contract Documents; (3) 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; (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) 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. 8.03 Payments to Subcontractors 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. 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 moneys to such Subcontractor except as may otherwise be required. GC -34 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 9.03 Cutting and Patching under Separate Contracts 440787/990727 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 or arbitration, if he will so settle. If such separate contractor sues the Owner or initiates an arbitration proceeding 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 attorney's fees and court or arbitration costs which the Owner has incurred. The Contractor shall be responsible for any cutting, fitting and patching that may be required 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. GC -35 440787/990727 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) all employees on the work and all other persons who may be affected thereby: (2) 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 (3) 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 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. GC -36 440787/990727 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 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 Contractors General Insurance Certificate for each contract, a separate blasting certificate will not be required. 2. The following public utility companies and City Department 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 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. 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 Engineer or GC -37 anyone employed by either of them, and not attributable in any degree to the fault or negligence of the Contractor. 10.03 Location and Protection of Utilities 440787/990727 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. 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. GC -38 5.0 SPECIAL CONDITIONS S ECTTON 01- INFORMATION 01 -01 ENGINEER 01 -02 COPIES OF PLANS AND SPECIFICATIONS FURNISHED 440787/990727 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 1 1 01 -06 USAGE OF WATER 1 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 1 construction. ' 01 -07 PAY ESTIMATES 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 returned to Contractor. SECTION 02- SPECIAL CONSIDERATIONS 1 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 1 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 1 payment will be made for this item. 1 440787/990727 SC -2 1 1 02 -03 GUARANTEES 1 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 1 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 fmal acceptance, Certificate of Completion, final payment nor any provision in Contract Documents relieves Contractor of above guarantee. Notice of observed 1 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 1 Contractors are required to pay prevailing wage rates to laborers, workmen and mechanics employed on behalf of the City engaged in the construction 1 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. I 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. 1 1 1 1 1 1 1 1 02 -05 LIMIT OF FINANCIAL RESOURCES 440787/990727 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 fmancial 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. SC -3 1 1 02 -06 CONSTRUCTION REVIEW 1 The Owner shall provide a project representative to review the quality of materials and workmanship. 02 -07 JJMITS OF WORK AND PAYMENT 1 1 1 02 -08 P HA 1 1 02 -09 "AS- BUILT" DRAWINGS 1 1 1 1 1 r 1 1 1 440787/990727 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. da_ • -` u ° M 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 fmal 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 1 02 -10 LAND FOR WORK 1 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 1 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 1 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 1 All construction staking required to complete the work associated with this contract shall be provided by the Contractor. The Contractor shall be 1 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. 1 1 1 440787/990727 SC -5 1 SECTION 03- TRAFFIC CONTROL 440787/990727 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 (i.e., 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 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. SC -6 SECTION 04- WARRANTY BOND 440787/990727 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 24. 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 final payment. SC -7 1 1 SECTION 05- INSURANCE Section 3.18 of the General Conditions of the Agreement is hereby amended to include the following: 1 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 1 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 $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 1 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 pride 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 1 440787/990727 SC -8 440787/990727 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 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. SC -9 440787/990727 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. 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 -10 1 1 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 I County(ies): BELL CORYELL TRAVIS BEXAR GUADALUPE WILLIAMSON I BRAZOS HAYS COMAL MCLENNAN I 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 1 WILLIAMSON COUNTIES. Modification Number Publication Date 1 0 03/15/1996 COUNTY(ies): BELL CORYELL TRAVIS BEXAR GUADALUPE WILLIAMSON I BRAZOS HAYS COMAL MCLENNAN 1 SUTX2042A 11/16/1991 Rates Fringes AIR TOOL OPERATOR 6.500 1 ASPHALT HEATER OPERATOR 6.500 ASPHALT RAKER 7.011 ASPHALT SHOVELER 6.550 1 BATCHING PLANT WEIGHER 8.173 BATTERBOUARD SETTER 7.700 CARPENTER 9.054 I CONCRETE FINISHER - PAVING 8.600 CONCRETE FINISHER STRUCTURES 7.903 1 440787/990727 SC -11 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 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 C.Y. & LESS 7.499 FRONT END LOADER OVER 2 1 C.Y. 8.255 HOIST - DOUBLE DRUM 10.750 MOTOR GRADER OPERATOR 9.657 PAVEMENT MARKING MACHINE 6.078 PLANER OPERATOR 7.250 ROLLER, STEEL WHEEL PLANT -MIX PAVEMENTS 7.083 440787/990727 SC -12 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. 440787/990727 END OF GENERAL DECISION SC -13 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/CEILING INSTALLER $10.91 $0.00 $0.00 50.00 $10.91 ELECTRICIAN $17.44 $2.16 $1.05 $1.05 $21.70 ELEVATOR MECHANIC $16.75 53.85 $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 50.54 $17.53 HEAVY EQUIPMENT OPERATOR $10.56 50.00 $0.00 50.00 $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 50.00 $7.50 LATHER/PLASTERER $12.50 $0.00 $0.00 50.00 $12.50 LIGHT EQUIPMENT OPERATOR $7.75 $0.00 $0.00 50.00 $7.75 MASON 516.00 50.00 $0.00 50.00 $16.00 METAL BUILDING ASSEMBLER $11.00 $0.62 $0.00 $0.34 $11.96 MILLWRIGHT 515.91 51.63 $1.00 50.00 $18.54 PAINTER/WALL COVERING INSTALLER $8.00 $0.00 $0.00 50.00 $8.00 PIPEFITTER $18.10 $1.42 $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* 50.00 $0.00 $0.00 $0.00* TILE SETTER $15.00 $0.32 $0.00 50.00 $15.32 WATERPROOFER/CAULKER 510.64 50.00 $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: PREVAILING WAGE RATE DETERMINATION BUILDING CONSTRUCTION TRADES WILLIAMS( N 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) 440787/990727 SC -14 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 6.0 TECHNICAL SPECIFICATIONS 440787/990727 DIVISION 1 - GENERAL REQUIREMENTS SECTION 01010 - SUMMARY OF WORK The work to be performed under this contract consists of fumishing all materials, labor, supervision, tools and equipment necessary to construct the wastewater utility improvements, Lift Station Abandonment, and associated appurtenances, as shown on the plans and as specified herein for Lance Lane Lift Station Abandonment. 01010 -1 DIVISION 1 - GENERAL REQUIREMENTS SECTION 01015 - CONTRACTOR USE OF PREMISES The Contractor shall not begin construction until all erosion and sedimentation control devices shown on the plans have been installed, a preconstruction meeting at the site has been held per the plans, and the City of Round Rock environmental inspector has approved the installation of the temporary erosion and sedimentation controls. The Contractor shall limit his activity to the area within the limits of construction shown on the plans. Spoil material to be used on the job shall be stored within the temporary spoil site shown on the plans. Trash, material unsuitable for fill and spoil material shall be permanently disposed of offsite. The Contractor shall take care not to cause mud, dirt and dust to be carried off the site. When construction is complete the site shall be fully restored and cleaned up of all trash and debris. No burning onsite is permitted. All workers employed by the Contractor shall have such skill and experience as will enable them to properly perform the duties assigned them. Any person employed by the Contractor or a subcontractor who, in the opinion of the Engineer, does not perform his work in a proper and skillful manner, or who is disrespectful, intemperate, disorderly, or otherwise objectionable, shall at the written request of the Engineer be forthwith discharged and shall not be employed again on any portion of the work without the written consent of the Engineer. The Contractor shall fumish such suitable machinery, equipment, and construction forces as may be necessary, in the opinion of the Engineer, for the proper prosecution of the work, and failure to do so may cause the Engineer to withhold all estimates which have or may become due or the Engineer may suspend the work until his requests are complied with. 440787/990n7 01015 -1 1. GENERAL DIVISION 1 - GENERAL REQUIREMENTS SECTION 01030 - SPECIAL PROJECT PROCEDURES (A) The CONTRACTOR shall be responsible for providing materials which meet the requirements indicated. 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 fumish a manufacturer's certificate that the material meets the requirements specified for this project. The ARCHITECT /ENGINEER shall monitor all materials incorporated into the project and their placement by testing at the OWNER's expense. The OWNER does not guarantee the accuracy or validity of the data nor does the OWNER assume any responsibility for the Contractor's interpretation of the data. Materials or work which do not meet the specifications shall be removed or modified. All retesting for work rejected on the basis of the initial test results will be at the expense of the CONTRACTOR and the extent of the retesting shall be determined by the ENGINEER/ARCHITECT. The ENGINEER/ARCHITECT may require additional testing for failing tests and may require two passing retests before acceptance will be made by the OWNER. The testing laboratory will be designated by the ENGINEER/ARCHITECT and shall perform all work in a professional manner and conform to the requirements of ASTM E 329. (B) Inspection, sampling and testing requirements, where applicable, are set forth in, but not necessarily limited to, the following series or divisions: Series 100 Series 200 Series 300 Series 400 Series 700 440787/990727 01030 - Earthwork -- Excavating, Backfilling and Compacting: Compaction Control and Testing. Subgrade and Base Construction. — Street Surface Courses. — Concrete and Structures. — Incidental Construction. The specifications for the project are: DIVISION 1 - GENERAL REQUIREMENTS SECTION 01090 - REFERENCE STANDARDS 1. City of Austin Standard Specifications These specifications shall govern, except for specific modifications, deletions or additions set forth in the Special Provisions or Special Specifications thereto, on the date of advertisement for bids. 440787/990727 01090 -1 PART1: GENERAL 1.01 DESCRIPTION OF REQUIREMENTS 1.02 SUB - CONTRACTORS 1.03 SCHEDULE OF VALUES 440787/990727 SECTION 01300 SUBMITTALS A This Section specifies the general methods and requirements of submissions applicable to the following work - related submittals in six categories: (1) Sub- contractors, (2) Schedule of Values, (3) Schedule and Sequence of Construction, (4) Shop Drawings, Product Data and Samples, (5) Workmanship Bonds, (6) Record Drawings. Additional general submission requirements are contained in Paragraphs 6.23 through 6.28 of the General Conditions. Detailed submittal requirements will be specified in the technical specifications sections. A The ENGINEER and OWNER reserve the right to review the qualifications of the proposed sub- contractor and to reject the utilizing of any proposed sub - contractor. A Within 21 calendar days of the effective date of the Agreement, the CONTRACTOR shall submit to the ENGINEER two (2) copies of a complete schedule of values for all work under this contract. B The schedule of values shall be listed in tabular form and include the following information: 1. Specification section numbers 2. Section items (if two or more items are specified in a section, each item should be identified separately in the listing; labor for installation may be listed separately; spare parts and tools shall be listed separately; testing and inspection expenses shall be listed separately) 3. Estimated quantities 4. Total estimated cost 5. ' Amount previously billed 6. Amount billed this period 7. Total amount billed 1.04 SCHEDULE AND SEQUENCE OF CONSTRUCTION A No work shall be done between dark and 7:00 a.m. Mondays through Fridays, dark and 9:00 a.m. Saturdays, Sundays or legal holidays without the prior written permission of the ENGINEER. However, emergency work may be done without prior permission. B Night work may be established by the CONTRACTOR at his own expense as regular procedure with the written permission of the ENGINEER and acquisition of all necessary permits. Such 01300 -1 permission, however, may be revoked at any time if the CONTRACTOR fails to maintain adequate equipment and supervision for the proper prosecution and control of the work at night. C In order to provide a definitive basis for determining job progress, a construction schedule shall be prepared by the CONTRACTOR and used to control the project. All work shall be done in accordance with the schedule, and the CONTRACTOR and his subcontractors will be responsible for cooperating fully with each other and the ENGINEER regarding effective use of the schedule. Adherence to the established schedule shall be obligatory upon the CONTRACTOR and his subcontractors for the work under this contract. D The schedule to be prepared and submitted by the CONTRACTOR shall consist of a sufficient information presented in bar chart form to identify all work scheduled, durations, early start, late start, early finish, late finish, and manpower loadings. E Activities shall include, in addition to construction activities, the submittal and approval of samples of materials and shop drawings, and procurement of materials and equipment, fabrication of materials and equipment and their delivery, installation and testing. F The work shall be started within 10 calendar days following the effective date of the Agreement, and the work shall be executed with such progress as may be required to prevent any delay to the general completion of the project. The work shall be executed at such times and in or on such parts of the project, and with such forces, materials, and equipment, to assure completion of the work in the time established by the Contract. G The CONTRACTOR may be required to revise the Schedule. Conditions under which a revision will be required include, but are not limited to: 1. When a delay in completion of any work item or sequence of work items results in an indicated extension of the project completion by 30 days. 2. When delays in submittals or deliveries or work stoppages are encountered which make replanning or rescheduling of the work necessary. 3. When the schedule does not represent the actual prosection and progress of the project. All revisions and additions to the schedule are subject to the review of the ENGINEER. H Responsibility for Schedule Compliance The CONTRACTOR agrees that whenever it becomes apparent from the current schedule that delays to the critical path have resulted and, hence, that the contract completion date will not be met, or, when so directed by the ENGINEER, he will submitting to the ENGINEER for approval, a written statement of the steps he intends to take to remove or arrest the delay to the approved schedule. I Adjustment of Contract Schedule and Completion Time 1. If the CONTRACTOR desires to make changes in his method of operating which affect the approved schedule, he shall notify the ENGINEER in writing stating what changes are 440787/990727 01300 -2 440787/990727 proposed and the reason for the change. If the ENGINEER approves these changes, the CONTRACTOR shall revise and submit for approval, without additional cost to the OWNER, all of the affected portion of the network. The CPM schedule shall be adjusted by the CONTRACTOR only after prior approval of his proposed changes by the ENGINEER. Adjustments may consist of changing portions of the activity sequence and /or activity durations, division of approved activities, or other adjustments as may be approved by the ENGINEER. The addition of extraneous, non - working activities and /or activities which add unapproved restraints to the schedule shall not be approved. 2. If the completion of any activity, whether or not critical, falls more than 100 percent behind its approved duration, the CONTRACTOR shall submit for approval a schedule adjustment showing each such activity divided into two activities reflecting completed versus uncompleted work. J Shop drawings which are not approved on the first submittal or within the schedule time shall be immediately rescheduled, as well as pipelines and tanks which do not pass leak tests. For planning purposes, the ENGINEER will usually return shop drawings within 21 calendar days after receipt. However, longer durations for approval will not be considered a basis for a claim. The contract completion time will be adjusted only for cause specified in this contract. In the event the CONTRACTOR requests an extension of any contract completion date, he shall fumish such justification and supporting evidence as the ENGINEER may deem necessary for a determination as to whether the CONTRACTOR is entitled to an extension of time under the provisions of this contract. The ENGINEER will, after receipt of such justification and supporting evidence, make findings of fact and will advise the CONTRACTOR in writing thereof. If the ENGINEER and OWNER find that the CONTRACTOR is entitled to any extension of any contract completion date under the provisions of this contract, the OWNER'S determination as to the total number of days extension shall be based upon the currently approved schedule and on all data relevant to the extension. Such data shall be included in the next monthly updating of the schedule. The CONTRACTOR acknowledges and agrees that actual delays in activities which, according to the schedule, do not affect any contract completion date shown by the schedule and therefore, will not be the basis for a change therein. K Each request for change in any contract completion date shall be submitted to the ENGINEER within 30 days after the beginning of the delay for which a time extension is requested but before the date of final payment under this contract. No time extension will be granted for requests which are not submitted within the foregoing time limit. 1.05 SHOP DRAWINGS, PRODUCT DATA, SAMPLES A Shop Drawings 1. Shop drawings, as defined in the General Conditions, and as specified in individual work Sections include, but are not necessarily limited to, custom - prepared data such as fabrication and erection /installation drawings, installation instructions, scheduled information, setting diagrams, actual shopwork manufacturing instructions, custom templates, special wiring diagrams, coordination drawings, individual system or equipment inspection and test reports including performance curves and certifications, as applicable to the work. 01300 -3 2. Within 14 days after the effective date of the AGREEMENT the CONTRACTOR shall submit to the ENGINEER a "SUBMITTAL REGISTER" for review and approval. This register shall include, but is not limited to; - a. Listing of all submittals and samples; b. Estimated date submittal will be transmitted; c. Estimated procurement time for each item; d. Blanks for dates transmitted, approved, and received for initial and follow -up transmittals. 3. All shop drawings submitted by subcontractors for approval shall be sent directly to the CONTRACTOR for preliminary checking. The CONTRACTOR shall be responsible for their submission at the proper time so as to prevent delays in delivery of materials. 4. The CONTRACTOR shall check all subcontractor's shop drawings regarding measurements, size of members, materials, and details to satisfy himself that they conform to the intent of the Drawings and Specifications. Drawings found to be inaccurate or otherwise in error shall be returned to the subcontractors for correction before submission thereof. 5. All details on shop drawings submitted for approval shall show clearly the elevations of the various parts to the main members and lines of the structure, and where correct fabrication of the work depends upon field measurements, such measurements shall be made and noted on the drawings before being Submitted for approval. B Product Data 1. Product data as specified in individual Sections, include, but are not necessarily limited to, standard prepared data for manufactured products (sometimes referred to as catalog data); manufacturer's product specification and installation instructions, availability of colors and patterns, manufacturer's printed statements of compliances and applicability, roughing -in diagrams and templates, catalog cuts, product photographs, standard wiring diagrams, printed performance curves and operational -range diagrams, production or quality control inspection and test reports and certifications, mill reports, product operating and maintenance instructions and recommended spare parts listing, and printed product warranties, as applicable to the work. C Samples 1. Samples, as specified in individual Sections, include, but are not necessarily limited to, physical examples of the work such as sections of manufactured or fabricated work, small cuts or containers of materials, complete units of repetitively -used products, color /texture/pattem swatches and range sets, specimens for coordination of visual effect, graphic symbols, and units of work to be used by the ENGINEER for independent inspection and testing, as applicable to the work. 440787/990727 01300 -4 D Contractor's Responsibilities 1. The CONTRACTOR shall review shop drawings, product data and samples prior to submission to determine and verify the following: a. Field measurements b. Field construction criteria c. Catalog numbers and similar data d. Conformance with the Specifications 2. Each shop drawing, working drawing, sample and catalog data submitted by the CONTRACTOR shall have affixed to it the following Certification Statement, signed by the CONTRACTOR: "Certification Statement: by this submittal, I hereby represent that I have determined and verified all field measurements, field construction criteria, materials, dimensions, catalog numbers and similar data and I have checked and coordinated each item with other applicable approved shop drawings and all Contract requirements." 3. Notify the ENGINEER in writing, at the time of submittal, of any deviations in the submittals from the requirements of the Contract Documents. 4. The review and approval of shop drawings, samples or catalog data by the ENGINEER shall not relieve the CONTRACTOR from his responsibility with regard to the fulfillment of the terms of the Contract. All risks of error and omission are assumed by the CONTRACTOR and the ENGINEER will have no responsibility therefore. 5. No portion of the work requiring a shop drawing, working drawing, sample, or catalog data shall be started nor shall any materials be fabricated or installed prior to the approval or qualified approval of such item. Fabrication performed, materials purchased or on -site construction accomplished which does not conform to approved shop drawings and data shall be at the CONTRACTOR's risk. The OWNER will not be liable for any expense or delay due to corrections or remedies required to accomplish conformity. 6. Project work, materials, fabrication, and installation shall conform with approved shop drawings, applicable samples, and catalog data. E Submission Requirements 1. Make submittals promptly in accordance with approved schedule and in such sequence as to cause no delay in the work. 2. Number of submittals required: a. Shop Drawings: Submit eight (8) copies b. Product Data: Submit eight (8) copies c. Samples: Submit the number stated in the respective Specification Sections. 440787/990727 01300 -5 3. Submittals shall contain: a. The date of submission and the dates of all previous submissions b. The Project title and number c. CONTRACTOR identification d. The names and addresses of: 1.CONTRACTOR 2.Supplier 3.Manufacturer e. Identification of the product, with the specification section number f. Field dimensions, clearly identified as such g. Relation to adjacent or critical features of the work or materials h. Applicable standards, such as ASTM or Federal Specification numbers i. Identification of deviations from Contract Documents j. Identification of revisions on resubmittals k. An 8 -in. x 3 -in. blank space for CONTRACTOR and ENGINEER stamps 4. ENGINEER will attempt to review each submittal and act upon same within 21 calendar days after receipt. Neither ENGINEER nor OWNER shall be responsible for any delays in the review and return of a submittal. F Resubmission Requirements 1. Make any corrections or changes in the submittals required by the ENGINEER and resubmit until approved. 2. Shop Drawings and Product Data: a. Revise initial drawings or data, and resubmit as specified for the initial submittal. b. Indicate any changes which have been made other than those requested by the ENGINEER. 3. Samples: Submit new samples as required for initial submittal. G Engineer's Stamp 1. Approved. Work may proceed, provided it complies with contract documents. 2. Approved as Corrected. Work may proceed, provided it complies with notations and corrections on submittal and with contract documents. 3. Not Approved or Revise and Resubmit. Do not proceed with work. Revise submittal in accordance with notations thereon, and resubmit without delay to obtain a different "Action" marking. Do not allow submittals with this marking to be used in connection with performance of the work. 440787/990727 01300 -6 440787/990727 H Distribution 1. Distribute reproductions of approved shop drawings and copies of approved product data and samples, where required, to the job site file and elsewhere as directed by the ENGINEER. Number of copies shall be as directed by the ENGINEER. I General Procedures for Submittals 1. Coordination of Submittal Times: Prepare and transmit each submittal sufficiently in advance of performing the related work or other applicable activities, or within the time specified in the individual work sections of the Specifications, so that the installation will not be delayed by processing times including disapproval and resubmittal (if required), coordination with other submittals, testing, purchasing, fabrication, delivery and similar sequenced activities. No extension of time will be authorized because of the • CONTRACTOR's failure to transmit submittals sufficiently in advance of the work. 1.06 WORKMANSHIP BONDS A Where specific units of work require the issuance of a bond or similar provision, as a means of assuring the OWNER that certain possible failures of the work to perform as represented will be rectified at someone else's expense, submit fully executed bond backed by a surety company acceptable to the OWNER and in the principal amount indicated. Include information sheet for the OWNER'S maintenance /operating personnel outlining proper procedures in case of failure or other instances which might affect the validity of the bond; list names, addresses and telephone numbers for the OWNER's emergency and follow -up in connection with implementation of each bond. 1.07 RECORD DRAWINGS A Before final payment will be made, the CONTRACTOR must furnish the ENGINEER with two (2) set of Record Drawings. B The Record Drawings shall indicate all changes, additions or deletions to the Design Drawings to reflect the actual systems. END OF SECTION 01300 01300 -7 1.02 SUBSTANTIAL COMPLETION 1.03 FINAL CLEANING 440787/990727 SECTION 01700 CONTRACT CLOSEOUT PART 1: GENERAL 1.01 • SCOPE OF WORK A This Section outlines the procedure to be followed in closing out the contract. A The substantial completion date for the contract shall be established as stated in the Agreement. A At the completion of work and immediately prior to final inspection, cleaning of the entire project shall be accomplished according to the following provisions: 1. The CONTRACTOR shall thoroughly clean, sweep, wash and polish all work and equipment provided under this Contract, including finishes. The cleaning shall leave the structures and site in a complete and finished condition to the satisfaction of the ENGINEER and OWNER. 2. The CONTRACTOR shall remove all temporary structures and all debris, including all dirt, sand, gravel, rubbish and waste material. 3. Should the CONTRACTOR not remove rubbish or debris or not clean the buildings and site as specified above, the OWNER reserves the right to have the cleaning done at the expense of the CONTRACTOR. B Repair, patch and touch -up any marred surfaces equivalent to the specified finish and to match adjacent surfaces. C Schedule cleaning operations so that dust and other contaminants resulting from cleaning process will not fall on wet, newly - painted surfaces. 1.04 FINAL INSPECTION A After final cleaning and restoration and upon written notice from the CONTRACTOR that the work is completed, the ENGINEER will make an inspection with the OWNER and CONTRACTOR present. Upon completion of this inspection, the ENGINEER will notify the CONTRACTOR, in writing, of any particulars in which this inspection reveals that the work is defective or incomplete. B Upon receiving written notice from the ENGINEER, the CONTRACTOR shall immediately undertake the work required to remedy deficiencies and complete the work to the satisfaction of the ENGINEER. 01700 -1 1 1.05 FINAL SUBMITTALS 1.06 ACCESSORY ITEMS 440787/990727 C When the CONTRACTOR has corrected or completed the items as listed in the ENGINEER's written notice, he shall inform the ENGINEER, in writing, that the required work has been completed. Upon receipt of this notice, the ENGINEER, in the presence of the OWNER and CONTRACTOR, will make another inspection of the project. D Should the ENGINEER find all work satisfactory at the time of this inspection, the CONTRACTOR will be allowed to make application for final payment in accordance with the provisions of the GENERAL CONDITIONS. Should the ENGINEER still find deficiencies in the work, the ENGINEER will inform the CONTRACTOR of the deficiencies in writing and will deny the CONTRACTOR's request for final payment until such time as the CONTRACTOR has satisfactorily completed the required work. A No application for final payment will be accepted until all of the following have been submitted as required in Section 01300, SUBMITTALS including, but not limited to, the following: 1. Final shop drawings 2. Record drawings 3. All interface information 4. All Operation and Maintenance Manuals 5. All Manufacturers' Certificates of Proper Installation A The CONTRACTORS shall provide to the OWNER, upon acceptance of the equipment, all special accessories required to place each item of equipment in full operation. These special accessory items include, but are not limited to, the specified spare parts, adequate oil and grease as required for the first lubrication of the equipment, initial fill -up of all chemical tanks and fuel tank, light bulbs, fuses, hydrant wrenches, valve keys, handwheels, chain operators for valve handles more than 6 feet above floor and other expendable items as required for initial startup and operation of all equipment. 1.07 GUARANTEES, BONDS AND AFFIDAVITS A No application for final payment will be accepted until all guarantees, bonds, certificates, licenses and affidavits required for work or equipment as specified are satisfactorily filed with the ENGINEER. 1.08 RELEASE OF LIENS OR CLAIMS A No application for final payment will be accepted until satisfactory evidence of release of liens has been submitted to the OWNER as required by the GENERAL CONDITIONS. 01700 -2 1.09 FINAL PAYMENT A Final payment will be made to the CONTRACTOR in accordance with the GENERAL CONDITIONS. 440787/990727 END OF SECTION 01700 01700 -3