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R-00-08-10-10B7 - 8/10/2000RESOLUTION NO. R- 00- 08- 10 -10B7 WHEREAS, the City of Round Rock has duly advertised for bids for the construction of roadway improvements to Dell Way, Dell Center Boulevard, Gattis School Road and entrance to Boardwalk Shopping Center, and WHEREAS, Austin Filter Systems, Inc. has submitted the lowest and best bid, and WHEREAS, the City Council wishes to accept the bid of Austin Filter Systems, Inc., Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City a contract with Austin Filter Systems, Inc. for the construction of roadway improvements to Dell Way, Dell Center Boulevard, Gattis School Road and entrance to Boardwalk Shopping Center, a copy of said contract being attached hereto and incorporated herein for all purposes. 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. K.\ WPDOCS \RRSOLUTI \RO881OD7.WPD /ec ATTEST: RESOLVED this 10th day of August, 2000. 41D) JO . <i E LAND, City Secretary 2 1111111111 MUM VIM woolitaar Wan Vat A- i tgi ■ Roadway Improvements to Dell Way, Dell Center Blvd., Gattis School Rd. and entrance to Boardwalk Shopping Center THE CITY OF ROUND ROCK BIDS EXTENDED PUB C WORKS DEPARTMENT 2008 nterpriae Dr. Round Rock, Texas. 78664 (612) 218.5555 BID TABULATION AND CHECKED F-10- BY : Robbe Brunner, Earth Tech DATE: 7/26/00 SHEET 1 of 6 CONTRACT: Blvd, Home Depot Bridge - Street & Drainage Construction Contractor Titan Constr. Inc. Y Contractor Chasm Contracting Hid Hood? Y Contractor C.C. Carlton Industries Bid Band? Y DATE: July 25, 2000 Hid Bond? ITEM 1I -IVI it41 l%ltilvl#aaaamW APPROX. STY. UNIT PRICE COST UNIT PRICE COST UNIT PRICE COST 1. PREP ROW 30.29 11139.00 370.00 10458.00 1385 OD -• 2 750.00 '.7.00 .5.00 ' 17.25 $3.15 '.83 297.50 '•77973.00 51850.00 ' 180 400.50 4 362.76 894.00 $6,609.50 ' 4 500.00 .14.10 - •80.00 - .20.00 '• 9.50 . :.00 $4.50 136 305.00 '.157059.90 29 600.00 209 160 00 13 157.50 '•149 952.00 56,232.50 '•2 000.00 8.00 .5.00 .26.00 58.00 ".60 580.00 •89112.00 '1850.00 271 908.00 11 080.00 '• 140 680.00 56,925.00 2. STREET EXCAVINCL 3. E1wBANKMENT 4. FLEX BASE (COMM IN PLACE) 5. MILLING ASPH CONC PAV(0" TO 2") 6. HOT MIX ASPH CONC(3.5 IN) (TY C) 18744.00 1385.00 . 7 25.135 54.70 :7.50 $5.00 7. HOT MIX ASPH CONC(2 IN) (TY C1 8. CL "C" CONCRETE ABUTMENT 51.80 $577.50 529,914.50 $350.00 $18,130.00 5500.00 $26,900.00 9. CL "C" CONCRETE BENT 14.60 $682 50 59,964.50 $500.00 $7,300.00 $1,000.00 $14,600.00 10. REINFORCED CONCRETE SLAB 540000 517.85, 598,390.00 $11.00 $59,400.00 614.00 576,600.00 11. CONCRETE SURFACE TREATMENT 390.00 $2.10 5819.00 $1.50 $586.00 55.00 $1,950.00 12. DRILLED SHAFTS 18" DIA 80.00 $52.50 54,200.00 _ 542.00 $3,380.00 $50.00 54,000.00 13. DRILLED SHAFTS 30" DIA 220.00 $109.20 524,024.00 563,00 513,860.00 $95.00 520,900.00 14, PRESTRESSED CONCRETE BEAM (TY C) 671.68 $68.25 $45,842.16 $73.00 549,032 64 $62.00 541,644.16 15. CONCRETE CURB & GUTTER (TY II) 5476.00 $6.40 $25,046.40 $11.00 560,236.00 $7.00 $38,392.00 16. CONC. SIDEWALK (4 IN) 21312.00 $2.75 558,608.00 $3.00 563,936.00 $3.00 $63,936.00 17. SIDEWALK CURB RAMP WITH PAVERS (TYPE 6.00 $735.00 $4,410.00 5310.00 $1,860.00 51,000.00 58,000.00 18. CONC. DRIVEWAY 378.00 $5.00 51,890.00 $3.25 51,228 50 $6.00 52,268.00 19. STANDARD 4 F7 STORM 6.00 52,790.00 516,740.00 52,000.00 512,000.00 $2,900.00 517,400.00 20, SAFETY END TREATMENT (TY D) (6:1) 2.00 5890.00 51,780.00 5370.00 $740.00 $1,600.00 53,200.00 '• 21. CAP EXISTING INLET 1.00 1.00 1.00 2.00 20.00 '• 1 375.00 '• 3 360.00 .3 885.00 .3 375.00 3 465.00 '• 1370.00 -. 3 360.00 .3 885.00 .6 750.00 .69 300.00 .650.00 1 200.00 '•1 500.00 '.2 000.00 . 2 700.00 ' '650.00 1 200.00 1600.00 4 000.00 54 000.00 '1 000.0D 2 500 00 3 500.00 .4 000.00 2 700.00 1000.00 '•2 500.00 •9 600.00 8000.00 .54 000.00 22. HEADWALL FOR 30" RCP COMPLETE IN PLACE 23. HEADWALL FOR 36" RCP, COMPLETE IN PLACE 24. INLET, DROP (COMPLETE) 25 CURB INLET, STANDARD 10 FT. Base Bid Total: ALTERNATE BID ITEM TOTAL: 1067 0 08/10/2000 13:01 FAX 5122185563 AUG-10-2000 13:13 CORR PUBLIC WORKS 4 CITY HALL THE CITY OF ROUND ROCK BIDS - PUBLIC WORKS DEPARTMENT 2009 Enterprise Dr. Round Rock, Texas. 76664 (512) 218.8555 BID TABULATION EXTENDED AND CHECKED BY : Robbe Brunner, Earth Tech DATE : 7/25/00 SHEET 2 of 6 CONTRACT: LOCATION: Dell Way, Galtis.School Rd, Dell Center Blvd, Home Depot Bridge Street & Drainage Construction Contractor Titan Constr. Inc. Bld Bond? Y Contractor Chasers Contracting Bid Bond? Y Contractor C.C. Carlton Industries Bld Bond? Y DATE: July 25. 2000 ITEM w a a a a a.4 w w J 44 a m.4 a w w w a a a .4.4 as APPROX. QTY. 1.00 UNIT PRICE $5,076.00 COST $5,075.00 uBrl' PRICE $3,300.00 COST UNIT PRICE COST $3.300.00 $3,000.00 $3,000.00 26. CURB INLET, 15 FT. TRENCH SAFETY SYSTEM 1841.28 1967.18 $1.70 $43.10 $3,130.18 $84,785.46 $1.25 $94.00 $2,301 60 $1.00 $1,841.28 27. 28. PIPE, 18" RCP, CL RI, INCL EXCAV 29. PIPE, 24" RCP. CL III, INCL EXCAV 30. PIPE, 3D" RCP, CL RI, INCL EXCAV 31. PIPE, 36" RCP, CL III, INCL EXCAV 32. SEED FOR EROSION CONTROL $86,884.12 $37.00 $72,785.66 552.99 $55.70 $30,801.54 $49.00 $27,096.51 $47.00 $25.990.53 220.43 $61.95 $13,655.64 $58.00 $12,784.94 $55.00 $12,123.65 659.69 14242.00 $93.50 $2.25 $61,68L02 $73.00 $48,157.37 $70.00 $46,178.30 $32,044.50 $0.75 $10,681.50 $0.60 $7,12L00 33. ROCK BERM 305.00 $11.00 *3355.00 $11.00 $3,355.00 $30.00 $9,150.00 34. STABI1.17.ECONSTRENTRANCE 4.00 $750.00 $3,000.00 $1,000.00 $4,000.00 $1,500.00 $6,000.00 35. SILT FENCE 4771.00 $1.45 $6,917.95 $1.50 $7,156.50 $4.00 $19.084.00 36. MTL BM GAD FENCE (BLKOUT) 162.50 $15.76 $2,559.38 $17.50 $2,843.75 $20.00 *3,250.00 37, TERMINAL ANCHOR SECTION 2.00 $367.50 $735.00 $400.00 *800.00 $450.00 $900.00 38. RAILTY. C201 326.03 $63.00 $20,538.00 $60.00 $19,560.00 $100.00 $32,600.00 39. STRUCTURAL STEEL (ARMOR .1 40. PERMANENT BARRICADES 1268.00 $2.10 $2,662.80 $2.25 S2,853.00 $5.00 $6,340.00 2.00 $866.25 *1,732.50 $1,000.00 $2,000.00 $1,000.00 $2.000.00 41. BARR, SIGNS AND TRF HANDLING 43. TRF SIGNS (COMPLETE IN PLA 43. STREET NAME SIGNS 1.00 $37,326.03 $37,326.03 $43,000.00 $43,000.00 $25,000.00 $25,000.00 23.00 $220.50 $6,071.50 $250.00 $5,760.00 $300.00 $6,900.00 8.00 $85.31 _ $682.48 $100.00 $800.00 $400.00 $3,200.00 44. REFL PAV MRK(TY I)(4 ")(W)(SLI 45. REFL PAV MRK(TY i)(4 ")(W)(BRl 46. REFL PAV MRK(TY I1(4')(Y)(SLD ) 539.00 $0.42 $226.38 $0.50 $269.60 $1.00 $539.00 1375.00 $0.42 $577.50 $0.50 *687.50 $1.00 $1.375.00 7686.00 $0.49 $3,304.98 $0.50 $3,849.00 $0.60 *3,843.00 47. REFL PAV MRK(TY I)(4 ")(Y)(BRE ) 1178.00 $0.43 *506.54 $0.50 $689.00 $1.00 $1,178.00 48. REFL PAV MRK(TY1)(24 ")(W)(SLD) 372.00 $4 35 *1,618.20 $5.10 $1,897,20 $5.00 $1,860.00 49. REFL PAV MRK(TY I)(24 ")(Y)(SLD) 50. REFL PAV MRK(TYA(W)(ARROW) 360.00 $4.51 *1,623.60 *5.30 $L908.00 $5.00 $1,800.00, 8.00 $68.25 $546.00 $81.00 $648.00 $200.00 $1,600.00 Base Bld Total: ALTERNATE BID ITEM TOTAL: m a 08/10/2000 13:01 FAX 5122185563 CORR PUBLIC WORKS AUG 13:13 4 CITY HALL THE CITY OF ROUND ROCK PUBLIC WORKS DEPARTMENT 2008 Enterprise Dr. Round Rock, Texas. 78664 (612) 218 -5556 • BIDS BID TABULATION EXTENDED AND CHECKED • SY : Robbe Bremner, Earth Tech DATE : 7/26/00 SHEET sot 6 CONTRACT: LOCATION: Dell Way, Gattls School Rd, Dell Center Blvd, Home Depot Bridge - Street & Drainage Construction Contractor Titan Constr. Inc. Bid Bond? Y Contractor Chaaco Contracting Bid Bond? Contractor C.C. Carlton Industries Bid Bond? Y DATE: July 25, 2000 ITEM APPROX UNIT QTY. UNIT PRICE COST UNIT PRICE COST UNIT PRICE COST 51. REFL PAV MRK(TY 1)(W)(WORD) EA 2.00 $89.25 8178.50 $106.00 $212.00 $200.00 $400.00 62. REFL PAV MRK(TY I)(W)(DBL)(ARROW) EA 3.00 $131.25 $393.75 $156.00 $465.00 $250.00 $750.00 53. REFL PAV MRK(TY I)(YRI D NOSE) EA 6.00 $183.75 $918.75 $220.00 $1,100.00 $200.00 $1,000.00 54. RATS PAV MRK(TY I -C) EA 66.00 .$4.10 $270.60 $4.80 $316.80 $10.00 8660.00 55. RAIS PAV MRK(TY 11 -AA) EA 100.00 $4.16 $415,00 $4.90 $490.00 $10.00 $1,000.00 56. CUT & RESTORE PAVEMENT EA 500.00 $17.30 $8,650.00 $20.00 $10,000.00 $30.00 $15,000.00 57. MOD DETENTION PONDS EA 1.00 $10,000.00 $10,000.00 $10,500.00 $10,600.00 $10,000.00 $10,00000 Base Bid Total: ALTERNATE BID ITEM TOTAL: $1,249,669.58 $1,350,735.33 $1,291,234.58 a: w THE CITY OF ROUND ROCK BIDS EXTENDED PUBLIC WORKS DEPARTMENT 2008 Enterprise Dr. Round Rock, 'texas. 78664 (612) 218.6555 BID TABULATION AND CHECKED BY: Robb Bromcr, Earth Tech DATE :7 /25/00 SHEET or6 CONTRACT: Blvd, Rome Depot Bridge • Street & Drainage Conetrectlen Contractor Aortin Biller Contractor AIL Ua Drldge Systems Inc. & Road Bid Bond? Y aid Bond/ Y Contractor Deavcrr Canetr. LP Bid Bond? Y Contractor 0051 Constr. LP Bld Ooed7 Y DATE: July 2S, 200D ITEM _ >•>•," APPROX, QTY. 30.9 1 , k ' .00 370.00 10,- • :.1 11]1 8 00 [iMEGIMIIE t I' Elliln=1MOMMILIMUMELIMIMarda KUM [ '.00 UNIT PRICE 'r. i i i 1 � 6 I �� L IIIIMITIMELEEMINIMELIEIME2212111111111111111LEEMMIIMMEIEZIMUI ']E MINA •��i 967.00 ,10.80 ..7• UNIT COST PRICE Mjj '�]' t�:Y7+4E0B76 ��E MNJZ IITE� ] L l: 30;0 a 7 ikl'Al■E iEP77c MM'1' 119 M9 9 j •0.00 : I I i aI � � 68.0 90.20 COST ;'L'10KMagia UNIT PRICE COST :1 ,' : 6.00 •669.00 ' 1.1.111EMI 92 ,00 maY1C!)1I 30 2: .00 ar'111EIXECUI•1= 940. • 69 . I NUM MI !911(1117 l�E•!:T•43U1017mt�] .40 • •.00 UNIT PRICE '6,500.: ��' T1E3RkIId. 6.00 20.00 WIEIF0Yi1111I17 11= 10.00 650.00 '- .00 C09T EiBI7i:T•ir77 :1(71 1 PREP ROW n9GI3TR' : '' ''S'�� ' � ', '• .1 :6.00 >:Td[D7NIIIIIIILIELIIt1t1F3IiltiT•i'{7III•W INCLSUBGRADE PREP _ - 13,920.00 209, 60. 0 ___ • •9,490.0 : • 7,60 1 .0 • 390.10 3. EMBANKMENT 3. EM EMBANKMENT 4. FLEX BASE (COMPL IN PLACE) _ 6. MILLING ASPH CONC PAV(O' TO 2 ") 6. HOT M7X ASPH CONC(3.6 IN) (TY 0) 7. HOT AID( ASPH CONC(2 IN) (TY C) 1 10,950.00 , 380.1 78.0 8. CL "C" CONCRETE ABUTMENT 9, CL "C" CONCRETE BENT 10. REINFORCED CONCRETE SLAB 11. CONCRETE SURFACE TREATMENT 12. DRILLED SHAFTS 1.0' DIA 80.00 935 OD 92,800.00 945.00 $3,600.05 910530 98,400.00 9110.00 98,800.00 •500.00 . •',659.20 13 DRILLED SHAFTS 30 "DIA 220.00 .60 977.00 ' 7100 916,940.10 9100.00 ' 47.689.: .,5.00 924, 000.02 . 6,942.40 9168.05 834,320.00 12 OD ' • • ,.3 .68 $165.00 65.00 14. PRESTRESSED CONCRETE BEAM (TY C) 15. CONCRETE CURB & GUTTER (TY II) 6,476.00 97.60 $41,617.60 96.25 134,226.00 $9 OD 949,284,00 96.50 995,994.00 16. CONC. SIDEWALK (4 IN) 21,312.00 6.00 378.00 6.01 $2.76 090.01 imm jm ,.01.00 958,608.00 92.00 ' . 02.00 mm ' I�]m ",100.00 • 2,700.' i 'r I I . 3 ,600.01 ' ' "Ti 6, ''. $3.26 999,264.00 '. : I I '►• . ' 1 i . 600 . ,263.00 • 780.00 22,680.00 93.00 :.800.01 =MUM 200.' 1 563,936.00 .9,300.01 WSS I 1 , 11.00 17, SIDEWALK CURB RAMP WITH PAVERS (TYPE 18. CONC. DRIVEWAY 19. STANDARD 4 FT. DIA. STORM SEWER MANHOLE 20. SAFETY END TREATMENT (TY II) (6:11 2,00 51,100.00 92,200.00 $1,900.00 93,800.00 91,000.05 92,010.00 $1,000.00 92,000.00 21. CAP EXISTINO INLET 1.00 MLLE �E'Z'1�.E1� 1 1 ��Y 000.00 NUMMI k i i , I �. 4tl0 . 00 i '�"�' � 9300.00 01.260.00 05(0I7 • 3,760.01 ,00.0 �TF0700 7 0 0 I 8,960.0 ...$1K.11111 t 307 1 01IIDU 11�:P#.187r1i7t:1.tY7d717 91,250.00 IMI9 l . - , 3 0.00 6 00.00 . , 80,190.00 92,100.00 'x70.00 570.00�9II ,130.00 �=� 6,130. Iii 10 �� mfdn D1d0I1m<kA71b $500.00 II �ITT1r1i7 .1,51 0.00 M $500.00 3,00.0 00 x.00 . ,�I D.00 0.00 . 2Z. HEADWALL FOR Sr RCP. COMPLETE IN PLACE FOR L COMPLETE IN PLACE 24. INLET DROP M 24. INLET DROP STANDARD 10 26 CURB IN1ET, STANDARD 10 FT. Base Bld Total: ALTE BID ITEM TOTAL: • 8 D: • m 01 08/10/2000 13:02 FAX 5122185563 AUG-10-2000 13:14 CORR PUBLIC WORKS 4 CITY HALL 51221135563 CONTRACT: LOCATION: Dell Way, GattLI School Rd, Dell Center Blvd, Horne Depot Bridge - Street & Drainage Construction Contractor Austin Filter Systems Iao. Bid Bond? 1 Contractor Austin Bridge & Road Bld Bond? Y Contractor Deaver,. Constr. LP Bld Bond? Y Contractor Bid Bond? ROM Constr. LP DATE: July 25, 2000 ITEM UNTO E'�+1EE a Ea1■ELYM �. Es+EFM� 07 INAK �AE�U1�� E.�� E.8 ® EtL11Et83 ESiEE�3>• E1�EE APPROX. 9'R. r r 2204 (�EEE�E1E17 r I� � r r lI� II♦ .0 8'26.0 r i � UNIT PRICE , 60.' 0 .ir rr $48.00 r , r r � I l:Yf011dr7��:(:L�r . '. .0 '' 5.0' $58.00 ■' SLIM • 49,Or r_Or COST ______.ir7717_ : W EjttiY}wivi �tTAVAlIr77 �1ti 17r7 ' I� 8.00 538,908.00 , 50.00 • 0'.00 �3plrTiir7Rr7 itiYA r r MIT PRICE rI .60 541.00 3.O0 559.00 .,; , r r ' r r rrr r r r r �$ r r •.O. $70.00 . ' r • r .. r,n O:rr 0. 00 r r r i �. Imo• COST :: r r r .., 4•.r 580,654.38 '20, 0:.47 $13,005.37 E,biE L'IMMI �A791[l7 �itR6ir7rIr7�9Vxrb : r r r• :d'� -, r r ,• 0 . r $22,820.00 11111;y11iS:1<rT7 . rr AIf�RLxrI6rxilr7 l�IkkU1{rb7 �i3:ir7N7 r' IITAII r)�Figz:�t�:Liiill�il>ffklri!I UNIT PRICE ______ TrT7 560.00 .00 $96.00 aLI .' r E9[06 r r r r '. r r r r r � I� r r �'�jI -' - r r ' 0,03 . , a 10.00 mi'�Tq[Hr7m4+R!iF M. • r r r r l� COST rrr , 22. 5118,020.80 ' •0, .2 $21,602.14 ii YAlE j mid r �l �'![r7rIQ07 : • . • r i .6 11.00 r r I �3ylrr.><rm " • r r i .1,8 '.00 �..4, r0,Or iir, UNIT PRICE '. • :rrrr 530.00 5:.01 541.00 ;'b immi i� r • r r r r �MI�i:AH00t1 '. 550. r '. r r ' r r • � r r r Or,u0.0� 'L• r.r '. r r i r r , r . r •' COST �.�tY r r • _ 559,015.40 ,r 50,037.63 :iaa ;DIYi1C1'7 �ic;IcTliiril� �3:1<•iTrirL7 ��7'I ° ➢�dil �9AI'T' " _' vx�itrl9lq 26 TRENC SAFESFS. TY SYSTEM 27. TRENCH. SAFETY 28. PIPE 18 " RCP CL RI INCL EXCAV 29 PIPE. 24" RCP. CL I INCL EXCAV 30 PIPE 30" RCP CL 111 INCL EXCAV 31. PIPS 36" RCP CL 111 WCL EXCAV 32. SEED FOR EROSION CONTROL 39. ROCK BERM 34. STABILIZE CONSTR ENTRANCE 35. SILT FENCE 38.111TL BM GRD FENCE SECTION 3 RAILTY. C201 SECTION 98. RAIL TY. C20] IIMILMi:W : r r r r _ ,rr 7• M: r' " 3:i kill '• ; : " ' '' 39. STRUCTURAL STEEL (ARMOR JT) 40. B ARMANGN S BARRICADES AND RF HA 43. BARB, T HANDLING SIGNS L ET I 43. TRF SIGNS (COMPLETE IN PLACE 43. STREET NAME SIGNS E.,Ii1IEM EES3� e E. A- E i r '� E(Lti�'� rrr i7 MIII �' r , r r ' r r r r r I. ��i r r ��I I,, r 7f ' 44. REFL PAV MR TY1 4 ") W SLD) 45. REFL PAV MR TY 134")(W LI) 46. REFL PAV MK TY ll(4'7 (SL 47. REFL PAY MRK 1 (4" BRK) 98. REFL PAV MR K(TY q(24 "1(W)(SLDI 99. REFL PAV MRS TY L 24 ". SLD 60. REFL PAV MRIUTY q(W1(ARROW) Hid Total: " E:E$EEEIM : • c • r r : •. 0,00 0 �iI. L II E� �(' �� .' 1 �0 )l!I i .• 74 . 0 t i l , �� r r r r r 9.rr ,: r •r y8 .• „ • r '.7r.i Imam= '. 6r • n Base BID ITESI ALTERNATE TOTAL: 0 THE CITY OF ROUND ROCK PUBLIC WORKS DEPARTMENT 2008 Enterprise Dr. Round Roak, Texas. 78664 (512) 218 -5555 BID TABULATION BIDS EXTENDED AND CHECKED HY : Robb: Hruaaer, Earth Tech DATE: 7/26/00 911EE1 5 of 8 to 2 0: • N 01 THE CITY OF ROUND ROCK BIDS EXTENDED PUBLIC WORKS DEPARTMENT 2008 Enterprise Dr. Harold Rook, Texas. 78884 (612) 218.5655 BID TABULATION AND CHECKED BY : Robbe Brunner, Barth Tech DATE: 7/26/00 SHEET sore CONTRACT: LOCATION: Dell Way, Gattls School Rd, Dell Center Blvd, Home Depot Bridge - Street & Drainage ConstrnctIon Contractor Austin FO ter Systems Inc. Y Contractor Anetlo Bridge & Road Bid Bond? Contractor Deaver. Constr. LP Bid Bond? Y Contractor Bid Bond? RCM Constr. LP Y DATE: July 25, 2000 Bld Bond? ITEM APPROY UNIT QTY. UNIT PRICE COST MIT PRICE COB? UNIT • PRICE COST UNIT PRICE $90.00 COBT 9150.09 51. REPLPAV MRK(TY 1) LI (WORD EA -1.0 1 9106.00 I. 1 9212.05 .6' 985.09 1'5.10 9170.00 5.0 956.09 ,1, 5190.00 20.00 .1. 10 t.tl 51,000.00 52. REPL PAV RR(Y DBLHARROW) NOSE) EA 5.0 9180.00 9900.00 9175.00 9876.00 $196.00 $980.00 9200.00 54.25 5280.50 M 53. REEL PAV RH(T 1)IYX Y 1)(YHMED EA 66.0 95.35 $353.10 93.90 9257.40 $5.00 9330.00 9425.00 54. RATS PAV MRK(TY LC) EA 100.0 55.90 $690.00 $3.96 9395.00 95.00 $500.00 $4.05 38,650,00 55. RATS PAV MRK(TY II-AA) 56 CUT & RESTORE PAVEMENT EA 500.0 1.1 510.40 9,402.. • 95,200.00 1', q . $17.00 • 0 ,11 98,600.00 .01 $27.00 /2 ,111,:0 $13,500.05 ' 060.11 917.00 111.00 .12, 67. MOD DETENTION PONDS • Bid Total: Bose BID ITEM ALTERNATE 91,386385.43 TOTAL: 91,173,403 00 $1,299,78427 91,596,296 97 to 2 0: • N 01 DATE: August 4, 2000 SUBJECT: City Council Meeting — August 10, 2000 ITEM: 10.B.7. Consider a resolution authorizing the Mayor to execute a contract for the construction of roadway improvements to Dell Way, Dell Center Boulevard, Gattis School Road and entrance to Boardwalk Shopping Center. Staff Resource Person: Jim Nuse, Public Works Director. P rOaNV CITY JULY 2000 PLANS, SPECIFICATIONS AND CONTRACT DOCUMENTS le -op - DB- ID -lD6'7 CITY OF ROUND ROCK PUBLIC WORKS DEPARTMENT Dell Way, Gattis School Rd, Dell Center Blvd, Home Depot Bridge - Street & Drainage Construction TABLE OF CONTENTS Section Description P 1.0 Notice to Bidders NB -1 2.0 Certification of Interest, DBE CI -1 And child Support Statement 3.0 Disclosure of Lobbying Activities DLA -1 and contractor's assurance 4.0 Bid Documents BD -1 5.0 Post Bid Documents PBD -1 6.0 General Conditions GC -1 7.0 Special Conditions SC -1 8.0 Technical Specifications TS -1 9.0 Plans, Details and Notes PDN -1 Spec table.doc 08/10/2000 WED 09:09 FAX 612 218 3242 Traffic Section ;a ° = N ° : CITY OF ROUND ROCK '%viieee! Mayor Robert A. Stluka, Jr Mayor Pro-trin Earl Ff.. ✓!af moron Council Member, loot Nletron C'arrle Pat Earl Palmer Isabel riarrahmt JimmyJOxph', City Manager, Rawl L. Bmneta Jr. CHy Attaraayi Stephan L. Shrem • August 16, 2000 Mark Toungate . Austin Filter Systems, Inc. 13653 Rutledge Spur Austin Texas 78717 ORIGINAL '002 221 Eaer Math street Round Rock, Tcxas 75664 Dear Mr. Toungate, The Round Rock City Council approved the award oi'the contract to Austin Filter Systems, Inc., for the project titled Dell•Way, Gattis School'Road, Dell Center Boulevard, Home Depot Bridge — Street and Drainage Construction at their regularly scheduled meeting on August 10, 2000, Work on this project can not begin until we receive the completed post bid documents including applicable bonds. If you have questions or concerns, please contact Bill Stablcin at (512) 218 -3237. Sincerely, (. C3;A: CYJ41 • Thomas E. Word, Jr., P.E. Traffic Engineer Fax: 512.218.7097 1 .800.735- 2989,700 www.e1.roand- rackexe s FLED BATE: TIME : INT. : -k. • '1. 800435 -2580 VoInc i 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1- 1- 1:: 1.0 NOTICE TO BIDDERS Publish Dates: Austin American Statesman: Monday, July 10, 2000 Monday, July 17, 2000 noticebd/spec master 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 Dell Way, Gattis School Rd., Dell Center Blvd., Home Depot Bridge — Street & Drainage Construction (project includes Construction of urban road consisting of grading, structures, flexible base, asphaltic concrete pavement, concrete curb and gutter, storm sewers, sidewalks and pavement markings.) will be received until 10:00 AM, Tuesday, July 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 " Dell Way, Gattis School Rd., Dell Center Blvd., Home Depot Bridge — Street & Drainage Construction ". No bids may be withdrawn after the scheduled opening time. Any bids received after scheduled bid opening time will be returned unopened. Bids must be submitted on City of Round Rock bid forms and must be accompanied by an acceptable bid security as outlined in the Instructions to Bidders, payable to the City of Round Rock, Texas equal to five percent (5 %) of the total bid amount. Plans, Bid Forms, Specifications, and Instructions to Bidders may be obtained from Earth Tech, 811 Barton Springs Road, Suite 400, Austin, Texas 78704 -1164 (512) 474 -5500 beginning Wednesday, July 12, 2000 for a non - refundable charge of $ 50.00 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. NB -1 1 1 1 1 1 1 1 1 1 1 1 1 1 1, �.a 1-- 2.0 CERTIFICATION OF INTEREST, DISADVANTAGED BUSINESS ENTERPRISE AND CHILD SUPPORT STATEMENT 1 1 By signing this proposal, the bidding firm and the signer certify that the following information, as indicated by 'checking "Yes" or "No ", below, is true, accurate, and complete. A. Quotation(s) have been issued in this firm's name to other firm(s) interested in this work for consideration I for performing a portion of this work. 1 1. 1 1 1 1 1 1 1 1 1 1 1 1 YES CER1'11-ICATION OF INTEREST IN OTHER BID PROPOSALS FOR THIS WORK xx NO If this proposal Is the low bid, the bidder agrees to provide the following information prior to award of the contract. 1. Identify firms which bid as a prime contractor and from which the bidder received quotations for work on this project. 2. Identify all the firms which bid as a prime contractor to which the bidder gave quotations for work on this project. CI -1 1 1 1 1 , 1 1 1 1 1 1 1 1 1 1 L DISADVANTAGED BUSINESS ENTERPRISE REQUIREMENTS The following goal for disadvantaged business enterprises is established: DBE 0.0 % CI -2 1 1 1 1 Under Section 23L006. Family Code, the vendor or applicant Certifies that the individual or business entity tamed in this contract. bid.. or application is eligible to receive the specified grant. loan.. or payment and acknowledges that this contract may be terminated and payment may be withheld if this certification is Inaccurate. L ist below the name and social security number of the individual or sole proprietor and each partner. shareholder, or owner with an ownership interest of at least 25% of the business entity submitting the bid or •pplication. 1 1 1 1 ection 231.006, Family Code, specifies that a child support obligor who is more than 30 days delinquent in aying child support and a business entity in which the obligor is a sole proprietor, partner, shareholder or owner with an ownership interest of at least 25 percent is not eligible to receive payments from state funds u nder a contract to provide property. materials or services: or receive a state - funded grant or loan. A child support obligor or business entity ineligible to receive payments described above remains ineligible ▪ ntil all. arrearage have been paid or the obligor is in compliance with a written repayment agreement or court ▪ rder as to any existing delinquency. t xcept as provided by Section 231.302(d), Family Code, a social security number is confidential and may be isclosed only for the purpose of responding to a. request for information from an agency operating under the rovisions of Parts A and D of Title IV of the federal Social Security Act (42 USC Section 601 -617 and 651 - 69). Mark Toungata - 466-R0-752R CHILD SUPPORT STATEMENT CI -3 le undersigned, as bidder, declares that the only person or parties interested in this proposal as principals are ose named herein; that the Contractor has not, either directly or indirectly, entered into any agreement, participated in any collusion, or otherwise taken any action in restraint of free competitive bidding in connection ith the contract for the above - captioned highway work. The undersigned affirms the truth and accuracy of this certification. °nature Austin Filter Systems, Inc. gal Firm Name dress: 13653 Rutledge Spur Austin, Texas 78717 -1016 fore me, the undersigned authority a Notary Public on this day personally appeared _ u - _ • _ who, being by duly sworn, upon oath says: that he is qualified and authorized to make this affidavit for and on behalf of Williamson County(s), xas, and is fully cognizant of the facts herein set out and affirms to the truth and accuracy of the certification e herein by signing above. bscribed and swom to before me by the said (1) Mark Tounqate 25th day of .7„1 which witness my hand and seal of office. RACHEL OLSON Notary Public Stato ofToxae My Comm. Exp. 08119/2003 CI-4 Not. Public in an. for Wi11iarnsnn County, Texas , 2000 , to certify 1. Type of Federal Action: a. contract b. grant c. cooperative agreement d. loan e. loan guarantee f. loan insurance 2. Status of Federal Action: a. bid/offer /application b. initial award c. post -award 3. Report Type: a. Initial filing b. matenal change For Material Change Only: Year Quarter Date of Last Report 4. Name and Address of Reporting Entity: Prime Subawardee Tier If known: 5. If Reporting Entity in No. 4 is Subawardee, Enter Name and Address of Prime: Congressional District, if known: I Congressional District if known: 6. Federal Department/Agency: 7. Federal Program Name/Descnptien: yr r. If applicable:_ • :1nJ Amount, if known: b. Individuate Performing Services (including address If different from No. 10 (last name, first t name, MI) c B. Federal Action Number, if known: 7 ,7,, ; 10. a. Name and Address of Lobbying Entity ' (11 Individual, last name, first name, MI): (attach Continuation sheet(s) SF -L� • . H necessary) 1 1. Amount of Payment (check all that apply): $ actual planned 12. Type of Payment (check all that apply): a. retainer b. one -time fee c. commission d. contingent fee e. deferred • f. other, specify 3. Form of Payment (check all that apply): - a. cash b. In -kind specify: nature • value_ ' a 4. Brief Descnption of Services Performed or to be Performed and Dates) of Service, including officer(s), employee(s), or Member(s) contacted, for Payment Indicated In Item 11: (attach Continuation sheet s) SF- LLL -A, if necess - ry) 5. Continuation Sheet(s) ro Yes No Information 15. Information reqq through requested through sagh this is form I s by 31 lobbying bying activities Is Is a /�� Signature' V / //>• re o1 U.S.C, section 1352. This disclosure material representation of fact upon which reliance was placed by Into. This . k Toungate Pent Name: the tier above when this transaction was mae or entered disclosure is required pursuant to 31 U.S.C. 1352. This Information will be available Title: Prpsi rdprrh wili be reported to the Congress semi - annually and tor public Inspection. Any person who fails to file the required $10,000 Telephone No. 1 2/331 - 6673 Date: July 25 2000 shall be subject to a civil penalty of not less than and not more than 5100,000 for each such failure. r-^' ,.., a r..nxn . -,.. -,:, _. _ -7.. ..� , . -4 _ F _� _.i.:T3( Authorized for Local Reproduction M 1 DISCLOSURE OF LOBBYING ACTIVITIES Complete this form to disclose lobbying activities pursuant to 31 U.S.C. 1352 (See reverse for public burden disclosure DLA -1 INSTRUCTIONS FOR COMPLETION OF SF -LLL, DISCLOSURE OF LOBBYING ACTIVITIES This disclosure form shall be completed by the reporting entity, whether subawardee or prime Federal recipient, at the initiation or receipt of a covered 1 Federal action, or a material change to a previous filing, pursuant to title 31 U.S.0 section 1352. The filing of a four is required for each payment or agreement to make payment to any lobbying entity for influencing or attempting to influence an officer or employee of any agency, a Member of ' Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with a covered Federal action. Use the i, SF- LLL-A Continuation Sheet for additional information if the space on the form is Inadequate. Complete all items that apply for both the initial filing and material change report. Refer to the implementing guidance published by the Office of Management and Budget for additional information. • n 1. Identify the type of covered Federal action for which lobbying activity is and/or has been secured to influence the outcome of a covered Federal action 2. Identify the status of the covered Federal action. ' 3. Identify the appropriate classification of this report. If this is a tollowup report caused by a material change to the information previously reported, , enter the year and quarter in which the change occurred. Enter the date of the last previously submitted report by this reporting entity for or this covered Federal action. 4. Enter the full name, address, city, state and zip code of the reporting entity. Include Congressional District, if known. Check the appropriate classification of the reporting entity that designates If It is, or expects to be, a prime or subaward recipient Identify the tier of the subawardee, e.g., the first subawardee of the prime is the 1st tier. Subawards include but are not limited to subcontracts, subgrants and contract awards under grants. 1 5. If the organization riling the report in item 4 checks 'Subawardee', then enter the full name, address, city, state and zip code of the prime Federal recipient. Include Congressional District, if known. 6. Ester the name of the Federal agency making the award or loan commitment Include at least one organizational level below agency name, if known. For example, Departrnent of Transportation, United States Coast Guard. I 7. Enter the Federal program name or description for the covered Federal action (item 1). If known, enter the full Catalog of Federal Domestic Assistance (CFDA) number for grants, cooperative agreements, loans, and loan commitments. ' 3. Enter the most appropriate Federal identifying number available for the Federal action identified in item 1 (e.g., Request for Proposal (RFP) number, Invitation for Bid (IFB) number, grant announcement number, the contract, grant, or loan award number, the application/proposal control number assigned by the Federal agency). Include prefixes, e.g.,'RFP- DE- 90.001: 3. For a covered Federal action where there has been an award or loan commitment by the Federal agency, enter the Federal amount of the I award/loan commitment for the prime entity identified in Item 4 or 5. 10. (a) Enter the full name, address, city, state and zip code of the lobbying entity engaged by the reporting entity identified in item 4 to influence the covered Federal action. I _ (b) Enter the full names of the indivIdual(s) perforating services, and include full address if different from 10 (a) Enter Last Name, First Name, and Middle Initial (MI). ' i. Enter the amount of compensation paid or reasonably expected to be paid by the reporting entity (item 4) to the lobbying entity (item 10). Indicate whether the payment has been made (actual) or will be made (planned). Check all boxes that apply. If this is a material change report, enter the cumulative amount of payment made or planned to be made. 12. Check the appropriate box(es). Check all boxes that apply. If payment 1s made through an In -kind contribution, specify the nature and value of the ' In -kind payment. 13. Check the appropriate box(es). Check all boxes that apply. If other, specify nature. I 4. Provide a specific and detailed description of the services that the lobbyist has performed, or will be expected to perform, and the date(s) of any services rendered. Include all preparatory and related activity, not just time spent in actual contact with Federal officials. Identify the Federal official(s) or employee(s) contacted or the officer(s), employee(s), or Member(s) of Congress that Were contacted. 1 '5. Check whether or not a SF- LLL-A Continuation Sheet(s) is attached. 16. The certifying official shall sign and date the form, print his/her name, title, and telephone number. ublic reporting burden for this collection of Information is estimated to average 30 minutes per response, including time for renewing instructions, earching wasting data sources, gathering and - maintaining the data needed, and completing and reviewing the collection of information. Send `comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to the Office of Management and Budget Paperwork Reduction Project (0348 - 0046). Washington. D.C. 20503. 1 DLA -2 DISCLOSURE OF LOBBYING ACTIVITIES CONTINUATION SHEET Page of DLA -3 1 1 1 i 1 1 1 1 1 1 1 1 r_ 1R Special Provision Special Provision Special Provision Special Provision Applicable "Wage Determination Decision" CONTRACTOR'S ASSURANCE (Subcontracts - Federal Aid Projects) By signing this proposal the contractor is giving assurances that all subcontract agreements of $10,000 or more on this project will incorporate the following "Certification of Nondiscrimination in Employment" "Notice of Requirement for Affirmative Action to Ensure Equal Employment Opportunity (Executive Order 11246)" "Standard Federal Equal Employment Opportunity Construction Contract Specifications (Executive Order 11246)" "Required Contract Provisions Federal -aid Construction Contracts" (Form FHWA 1273 must also be physically attached to subcontracts and purchase order of $10,000 or more) DLA -4 i. 1 1 t 1 1 1 1 1 1 1 1 1= 4.0 BID DOCUMENTS 1 1 1 i 1 1 1 1 1 i 1 1 1 1 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 (25) days after bids are opened, except those which the owner elects to hold until the successful bidder has executed the contract. Thereafter, all remaining securities, including security of the successful bidder, will be returned within sixty (60) days. 8. Until the award of the contract, the City of Round Rock reserves the right to reject any and all proposals and to waive technicalities; to advertise for new proposals; or to do the work otherwise when the best interest of the City of Round Rock will be thereby biddoc.mstlspec BD -1 1 1 1 1 1 1 1 1 1 1 1 1 1 promoted. 9. In case of ambiguity or lack of clarity in the statement of prices in the bids, the City of Round Rock reserves the right to consider the most favorable analysis thereof, or to reject the bid. Unreasonable (or unbalanced) prices submitted in a bid may result in rejection of such bid or other bids. 10. Award of the contract, if awarded, will be made within sixty (60) days after opening of the proposals, and no bidder may withdraw his proposal within said sixty (60) day period of time unless a prior award is made. 11. Within ten (10) days after written notification of award of the contract, the successful bidder must furnish a performance bond and a payment bond in the amount of one- hundred percent (100 %) of the total contract price. If the total contract price is $25,000.00 or less, the performance and payment bonds will not be required. Said performance bond and payment bond shall be from an approved surety company holding a permit from the State of Texas, with approval prior to bid opening, indicating it is authorized and admitted to write surety bonds in this state. In the event the bond exceeds $100,000.00, the surety must also (1) hold a certificate of authority from the United States secretary of the treasury to qualify as a surety on obligations permitted or required under federal law; or (2) have obtained reinsurance for any liability in excess of $100,000.00 from a reinsurer that is authorized and admitted as a reinsurer in this state and is the holder of a certificate of authority from the United States secretary of the treasury to qualify as a surety or reinsurer on obligations permitted or required under federal law. In determining whether the surety or reinsurer holds a valid certificate of authority, the City may rely on the list of companies holding certificates of authority as published in the Federal Register covering the date on which the bond is to be executed. 12. If the total contract price is Less than $25,000.00 the performance and payment bond requirement will be waived by the City of Round Rock. Payment will be made following completion of the work. 13. Failure to execute the construction contract within ten (10) days of written notification of award or failure to furnish the performance bond, or letter of credit if applicable, and payment bond as required by item 11 above, shall be just cause for the annulment of the award. In case of the annulment of the award, the proposal guarantee shall biddoc.mst/spec BD -2 1. 1 1 1 1 1 1 1 1 1 1 1 1 1 • 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 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 biddoc.msUspec BD -3 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). biddoc.mst/spec BD -4 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 DM BOND Blind No. BD43607 KNOW ALL MEN BY THESE PRESENTS THAT W.E. Austin Filter Systems, Inc. as PRINCIPAL and Commercial Indemnity Insurance Company as SURETY, are held and firmly bound unto the City of Round Rock hereinafter referred to as the "OWNER ", in irC penal sum of five percent (5 %) of the total amount of the bid of the PRINCIPAL AIomitted to the OWNER, for the work described below; for the payment of which sum in owful money of the United States of America, well and truly to be made, we bind oursti yes, our heirs, executors, administrators, successors and assigns, jointly and severally.tirmly by chest presents. In no case shall the liability of the SURETY hereunder ex+}4d the sum of 3 56 The CONDITIONS OF THIS OBLIGATION ARE SUCH, THA1*Vhereas, said PRINCIPAL has submitted the above mentioned bid to the OWNER, for cot /truction for the work under the "SPECIFICATIONS FOR CONSTRUCTION OF DIM Way, Gattle School Road and Home Depot Bridge for which bids are to be opened ati$e office of the OWNER on July 25, 2000 NOW THEREFORE, if the PRINCIPAL is awarded the contract, and witlit the time and manner required under the heading "Instructions to Bidders ", after the preslabcd forms are presented to him for signature, enters into a written agreement, substantiWy in the form • contained in the Specifications, in accordance with the bid and files the tw (12) bonds with the OWNER, one to guarantee faithful performance and the other to guaratile payment for labor and materials, than this obligation shall be null and void, otherwise4t shall be and remain in full force and effect. In the event suit is brought upon this bond by the OWNER and judgement ilecovered, said SURETY shall pay all costs incurred by the OWNER in such suit, includi lka reasonable attorney's fee to be fixed by the Court. In WITNESS WHEREOF. we have hereunto set our hands and seal• this day of July 24, 2000 Austin Fitt principal: ; By: (Seal) Mark Toungate - President biddoc.medep.e BD -5 Commercial Indemnity Insurance Company Commercial Indemnity Insurance Company COMMERCIAL 2550 S. IH 35, Suite 100 INDEMNITY INSURANCE CO. I Austin, Texas 78704 KNOW ALL MEN BY THESE PRESENTS: ' That the Commercial Indemnity Insurance Company, a Corporation duly organized and existing under the laws of the State of Texas, having its principal office in Austin, Texas, pursuant to the following resolution, adopted by the Board of Directors of the said Company on the 7 day of April, 1999, to wit: I "Resolved, that any officer of the Company shall have authority to make, execute and deliver a Power of Attomey constituting as Attorney - In -Fact, such persons, firms, or corporations as may be selected from time to time. ' Be It Further Resolved, that the signature of any officer and the Seal of the Company may be affixed to any such Power of Attorney or any certificate relating thereto by facsimile, and any such Power of Attomey or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such powers so executed and certified by facsimile signature or facsimile seal shall be valid I and binding upon the Company in the future with respect to any bond or undertaking to which it is attached." Commercial Indemnity Insurance Company does hereby make, constitute and appoint: I John W. Schuler State of Texas its true and lawful attomey(s) -in -fact, with full power and authority hereby conferred in its name, place and stead, to sign, execute, acknowledge and deliver in its behalf, and its act and deed, as follows: ' The Obligation of the Company shall not exceed one million (S1,000,000.00) Dollars. And to bind Commercial Indemnity Insurance Company thereby as fully and to the same extent as if such bond or undertaking was signed by I the duly authorized officer of the Commercial Indemnity Insurance Company, and all the acts of said Attorneys) pursuant to the authority herein given, are hereby ratified and confirmed. I IN WITNESS WHEREOF, the Commercial Indemnity Insurance Company has caused these presents to be signed by any officer of the Company and its Corporate Seal to be hereto affixed. 1 1 ' Commission Expires 8 -26 -2000 1 1 BD43607 POWER OF ATTORNEY State of Texas ' County of Travis ' On this 7`" day of April, in the year 1999, before me Sandra L. Denton, a notary public, personally appeared John W. Schuler, personally known to me to be the person who executed the within instrument as President, on behalf of the Corporation therein named and acknowledged to me that the Corporation executed it. John W. Schuler. President Sandra L. Denton, Notary Public CERTIFICATE I, the undersigned, Secretary of Commercial Indemnity Insurance Company, DO HEREBY CERTIFY that the foregoing and attached Power of Attorney and Certificate of Authority remains in full force and has not been revoked: Signed and Sealed at the said Company at Austin, Texas dated this 24th day of July 20 00 Joel T. Massey, Secretary SANDRA L DENTON NOTARY PUBLIC State of Texas Comm. E .. 06264000 1 1 1 OWNER: DATE: Gentlemen: 1 1 1 1 1 1 1 1 1 1 g biddoc.msdspec BD-6 1 PROPOSAL BIDDING SHEET JOB NAME: Dell Way, Gattis School Road & Home Depot Bridge I JOB LOCATION: Round Rock, Williamson County, Texas City of Round Rock, Texas 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 Dell Way, Gattis School Road & Home Depot Bridge and binds himself on acceptance of this proposal I to execute a contract and bond for completing said project within the time stated, for the following prices, to wit: BID ITEM NUMBER SPECIFICATION ITEM NUMBER QUANTITY BID ITEM DESCRIPTION AND UNIT PRICE BID WRITTEN IN WORDS UNIT PRICE BID IN NUMBERS AMOUNT BID 1 101S -B 30.29 PREP. ROW FOR. Thousand Tho Four Hundred DOLLARS $ 4,400.00 $ 133,276.00 CENTS No CENTS PER station 2 1105 -A 11139.00 STREET EXCAVATION INCL SUBGRADE PREP FOR S1X DOLLARS $_ 6.50 $ 72,403.50_ $ 1.258 00 AND Fifty CENTS PER cubic yard 3 1325 -A 370.00 EMBANKMENT DOLLARS $. 3.40 _ FR_ThrPP CENTS F rty PER cubic yard 4 2105 -A .. 10458.00 FLEX BASE (COMPL IN PLACE) FOR Nin8tPe)7 DOLLARS $ 19.50 $ 203,931.00 AND Fifty CENTS PER cubic yard 5 315 -A 1385.00 MILLING ASPHALT CONCRETE PAVEMENT (0" TO 2') FOR Four DOLLARS $ 4.00 _ $ 5,540 00 AND Nn CENTS PER square yard 6 340 -B 18744.00 HOT MIX ASPHALT CONCRETE (3.5 IN) (TY C) FOR_SPVPD DOLLARS $ 7.80 $ 146,203.20_ AND Eighty CENTS PER square yard — OW MP •m - - - ow - ow - „ - EN -- — I — = ow PROPOSAL BIDDING SHEET bidsheet.xls JOB NAME: DELL WAY, GATTIS SCHOOL ROAD & HONE DEPOT BRIDGE ROADWAY CONSTRUCTION AND DRAINAGE IMPROVEMENTS JOB LOCATION: ROUND ROCK, WILLIAMSON COUNTY, TEXAS OWNER: CITY OF ROUND ROCK, TEXAS DATE: JULY, 2000 PAGE 1 OF 10 BID ITEM NUMBER SPECIFICATION ITEM NUMBER QUANTITY BID ITEM DESCRIPTION AND UNIT PRICE BID WRITTEN IN WORDS UNIT PRICE BID IN NUMBERS AMOUNT BID 7 340 - B 1385.00 HOT MIX ASPHALT CONCRETE (2 IN) (TY C)( FOR Four DOLLARS $ 4.75 $ 6.578.75 AND S ve nt y _fi ya CENTS PER square yard 9 410 51.80 CL "C" CONCRETE ABUTMENT . FOR Thrap Firm rpd Sixty - thraa DOLLARS $ 363 00 $ 18.8.03 40 AND PO CENTS PER cubic yard 10 410 14.60 CL "C' CONCRETE BENT FORFOUr Hundred Sixty DOLLARS s 467.00 $ 6,818.20 AND nn CENTS PER cubic yard 11 410 5400.00 REINFORCED CONCRETE SLAB FOR Ten DOLLARS $ _I Q.80 s 58,320 00 AND Eighty CENTS PER square foot 12 411 390.00 CONCRETE SURFACE TREATMENT FORDme DOLLARS 1.75 $ 682.50 $ AND Scvcnty fivc CENTS PER square yard 13 420 80.00 DRILLED SHAFTS 18' DIA FOR Thirty - Five DOLLARS 35.00 $ 2 $ AND CENTS linear foot - - -- MIA - -- I I M — t E um um t um PROPOSAL BIDDING SHEET JOB NAME: DELL WAY, GATTIS SCHOOL ROAD E. HOME DEPOT BRIDGE ROADWAY CONSTRUCTION AND DRAINAGE IMPROVEMENTS JOB LOCATION: ROUND ROCK, WILLIAMSON COUNTY, TEXAS OWNER: CITY OF ROUND ROCK, TEXAS DATE: JULY, 2000 bidsheet.xls PAGE 2 OF 10 BID ITEM NUMBER SPECIFICATION ITEM NUMBER QUANTITY BID ITEM DESCRIPTION AND UNIT PRICE SID WRITTEN IN WORDS IINIT PRICE SID IN NUMBERS AMOUNT BID 14 420 220.00 DRILLED SHAFTS 30" DIA FOR Seventy -Seven DOLLARS $ 77.00 $ 16,940.00 AND nn CENTS PER linear foot 15 425 671.68 PRESTRESSED CONCRETE BEAM (TY C) FOR Seventy -One DOLLARS $ 71.00 $ 47,689.28 AND DO CENTS PER linear foot 16 430 -A 5476.00 CONCRETE CURB & GUTTER (TY II) R SPVPn DOLLARS 7.60 $ 41,617.60 $ FO Sixty CENTS PER linear foot • 17 432S -4 " 21312.00 CONC.SIDEWALK (4 IN) FOR Tc.m DOLLARS $ 2.75 $ 58,608.00 6,540.00 $ AND SevPnty_fiVP CENTS PER square foot • 18 432S -5 -R 6.00 SIDEWALK CURB RAMP WITH PAVERS (TYPE 1) FOR On Thonsnrxl, Ninety DOLLARS 1,090.00_ $ R * CENTS PER each 19 433S 378.00 CONC. DRIVEWAY FOR Six DOLLARS 6.10*_ $ 2,305.80 $ m Tcn PER square foot t S 1 MI 1 1— 1— 1— 1 I 1 — 1 1 1 1 PROPOSAL BIDDING SHEET JOB NAME: DELL WAY, GATTIS SCHOOL ROAD & HOME DEPOT BRIDGE ROADWAY CONSTRUCTION AND DRAINAGE IMPROVEMENTS JOB LOCATION: ROUND ROCK, WILLIAMSON COUNTY, TEXAS OWNER: CITY OF ROUND ROCK, TEXAS DATE: JULY, 2000 b(dsheet.xls PAGE 3 OF 10 BID ITEM NUMBER SPECIFICATION ITEM NUMBER QUANTITY BID ITEM DESCRIPTION AND UNIT PRICE BID WRITTEN IN WORDS UNIT PRICE BID IN NUMBERS AMOUNT BID 20 506 -M 6.00 STANDARD 4 FT. DIA. STORM SEWER MANHOLE FOR One Thousa Five Hundred DOLLARS $__.7.590_.00. $ .00 AND nn CENTS PER each 21 508 2.00 SAFETY END TREATMENT (TY II) (6:1) • FOR Cna Thnnaand Clna HnnMrarl DOLLARS $ 1,100.00 $ 2,200.00 AND CENTS n0 PER each 22 508 1.00 CAP EXISTING INLET 17nrari DOLLARS FOR Three. Hr'l $ 300.00 $ 300.00 AND no CENTS PER each 23 508 -H 1.00 HEADWALL FOR 30" RCP, COMPLETE IN PLACE FOR 'fwr Thnnaan,9 FOnr Himrlrad DOLLARS $ 2,400 00 $ 2.400.00 3,000.00 $ AND no CENTS PER each ' 24 50B -H 1.00 HEADWALL FOR 36" RCP, COMPLETE IN PLACE , FOR Thrace Thnncanri DOLLARS 3,000.00 $ AND no CENTS PER each 25 508 -IG 2 00 INLET, DROP (COMPLETE) FOR One Thnnganri,FcS rHunrlred Eighty DOLLARS $ 1,480.00 $ 2 960.00 AND no CENTS PER each MN NM NO N - -- — I NM NM • N MI • I NM UM bidsheet.xls PROPOSAL BIDDING SHEET JOB NAME: DELL WAY, GATTIS SCHOOL ROAD & HOME DEPOT BRIDGE ROADWAY CONSTRUCTION'AND DRAINAGE IMPROVEMENTS JOB LOCATION: ROUND ROCK, WILLIAMSON COUNTT, TEXAS OWNER: CITY OF ROUND ROCK, TEXAS DATE: JULY, 2000 PAGE 4 OF 10 BID ITEM NUMBER SPECIFICATION ITEM NUMBER QUANTITY BID ITEM DESCRIPTION AND UNIT PRICE BID " "WRITTEN IN WORDS UNIT PRICE BID IN NUMBERS AMOUNT SID 26 508 -I10S 20.00 CURB INLET, STANDARD 10 FT. FOR Two Thousand DOLLARS $ 2,000.00 $_ 40,000.00 AND p CENTS PER each 27 508 -I15S 1.00 CURB INLET, 15 FT. FOR Three Thousand, Two Hundred Fifty DOLLARS $ 3,250.00 $ 3,250.00 AND np CENTS PER each 28 509 -I 1841.28 TRENCH SAFETY SYSTEM 5' TO 10' DEPTH TWO t�LARS $ 2.00 $ 3. 6$256, L $ 62,949.76 AND nn CENTS PER linear foot 29 510 -A 1967.18 PIPE,18" RCP,CL III, ALL DEPTHS,INCLUDING EXCAVATION & BACKFILL Thirty-two $ 32.00 CZA AND PER linear foot 30 510 -A 552.99 PIPE,24" RCP,CL III, ALL DEPTHS,INCLUDING EXCAVATION & BACKFILL FOR Forty -two DOLLARS $ 4200 $ 23. 2 AND rip CENTS PER linear foot 31 510 -A 220.43 PIPE,30" RCP,CL III, ALL DEPTHS,INCLUDING EXCAVATION 6_ 48.00 $ 10,580.64_ & BACKFILL FOR Forty- ai[3ht DOLLARS AND CENTS no PER linear foot _ IIMI 11111 1111 10111 11111 OPOL BIDDING SHEET MINI - . JOB NAME: DELL WAY, GATTIS SCHOOL ROAD & HOME DEPOT BRIDGE ROADWAY CONSTRUCTION AND DRAINAGE IMPROVEMENTS JOB LOCATION: ROUND ROCK, WILLIAMSON COUNTY, TEXAS OWNER: CITY OF ROUND ROCK, TEXAS DATE: JULY, 2000 bidsheet.xls PAGE50F10 BID ITEM NUMBER SPECIFICATION ITEM NUMBER QUANTITY BID ITEM DESCRIPTION AND UNIT PRICE BID WRITTEN IN WORDS UNIT PRICE BID IN NUMBERS AMOUNT BID 32 510 -A 659.69 PIPE,36" RCP,CL III, ALL DEPTHS,INCLUDING EXCAVATION & BACKFILL FOR Fifty - Eight DOLLARS $ 58.00 • $ 38,262.02 AND nn CENTS PER linear foot 33 604 -A 14242.00 SEEDING FOR EROSION CONTROL (METHOD B)(HYDRO MULCH) FOR no DOLLARS $ .50 $ 7.121,00 $_ 3.202.50 AND Fifty CENTS PER square yard 34 639 305.00 ROCK BERM FORTPn DOLLARS $ 10.50 _ AND Fift CENTS PER linear oot 35 641 r 4.00 STABILIZED CONSTRUCTION ENTRANCE FORSeVen Hundred Ten DOLLARS $ 711.00 $ 1 45 $ 2.840.00. $ 6.911.95 $ 2 600 00 AND nn CENTS PER each 36 642 4771.00 SILT FENCE ()I]P DOLLARS FOR AND Fnr+ - Five CENTS PER linear foot 37 704 162.50 METAL BEAM GUARD FENCE (BLOCKOUT) COMPLETE IN PLACE FORSixtPPn DOLLARS $ 16.00 AND CENTS no PER linear foot M OM M— I O— V I V— e O -- M M 1 PROPOSAL BIDDING SHEET JOB NAME: DELL WAY, GATTIS SCHOOL ROAD & HOME DEPOT BRIDGE ROADWAY CONSTRUCTION AND DRAINAGE IMPROVEMENTS JOB LOCATION: ROUND ROCK, WILLIAMSON COUNTY, TEXAS OWNER: CITY OF ROUND ROCK, TEXAS DATE: JULY, 2000 bidsheet.xls PAGE6OF10 BID ITEM NUMBER SPECIFICATION ITEM NUMBER QUANTITY BID ITEM DESCRIPTION _ AND UNIT PRICE BID WRITTEN IN WORDS UNIT PRICE AMOUNT BID BID IN NUMBERS 8 704 -T 2.00 TERMINAL ANCHOR SECTION, COMPLETE IN PLACE FOR Fc it Hundred Thirty -Five DOLLARS $ 435.00 $ 870 00 AND jQQ CENTS PER each 38 706 326.00 RAIL TY. C201 i fty_F,i ght DOLLARS $ 58.00 3.75 $ $ 1((.90R.0( 4,755.00 $ AND At0 NO CENTS PER linear foot 39 721 1268.00 STRUCTURAL STEEL (ARMOR JT) FOR Thm rF DOLLARS AND Five CENTS PER pa �Eccvcrity 40 803 2.00 • PERMANENT BARRICADES • FOR Nine Hundred Fifty DOLLARS ' $ 950.00 $ 1 900.00 AND no CENTS PER each 1 41 803 -L 1.00 BARRICADES, SIGNS AND TRAFFIC HANDLING FOR Fnrt - -Nine Thnnsanrl DOLLARS $ 49 $ 49,000.00 FOR 1 ro CENTS PER lump sum 42 824 23.00 TRAFFIC SIGNS (COMPLETE IN PLACE) • FOR Two Hundred Forty DOLLARS $ 240.00 . $ 5,520.00 AND no CENTS PER each - MI = MI • MI NM • MI EN MN OM OM I N NM MI I OM I PROPOSAL BIDDING SHEET JOB NAME: DELL WAY, GATTIS SCHOOL ROAD & HONE DEPOT BRIDGE ROADWAY CONSTRUCTION AND DRAINAGE IMPROVEMENTS JOB LOCATION: ROUND ROCK, WILLIAMSON COUNTY, TEXAS OWNER: CITY OF ROUND ROCK, TEXAS DATE: JULY, 2000 bidsheet.xls PAGE 7 OF 10 BID ITEM NUMBER SPECIFICATION ITEM NUMBER QUANTITY BID ITEM DESCRIPTION AND UNIT PRICE BID WRITTEN IN WORDS UNIT PRICE BID IN NUMBERS AMOUNT BID 43 825 8.00 STREET NAME SIGNS (COMPLETE IN PLACE) F 071a Htmrlrati F,i ghtepn• DOLLARS $ 118.00 $ 944 00 no PER each 44 860 539.00 REFLECTORIZED PAVEMENT MARKINGS (TY I) (4 ")(W)(SLD) FOR NO DOLLARS $ .50 $ 269.50 AND F fry CENTS PER linear foot 45 860 1375.00 REFLECTORIZED PAVEMENT MARKINGS (TY I) (4'))W)(BRK) FOR NO DOLLARS $ .50 $ 687.50 AND Fifty CENTS PER linear foot 46 860 7686.00 REFLECTORIZED PAVEMENT MARKINGS (TY I) (4 ")(Y((OLD) FOR NO DOLLARS .50 $ 3,843.00 AND Fift CENTS PER linear foot 47 860 1178.00 REFLECTORIZED PAVEMENT MARKINGS (TY I) (4 "))Y)(BRK) FOR NO DOLLARS $ .50 $ 589.00 AND Fifty CENTS PER linear foot 48 860 372.00 REFLECTORIZED PAVEMENT MARKINGS (TY I) (24'((N)(SLD) F AD n� DOLLARS $_ 4..50 $ 1.674.00_ Fifty CENTS PER linear foot MI l UOPREL B 4G ! _o 1 , . bidsheet.x(s • JOB NAME: DELL WAY, GATTIS SCHOOL ROAD & HOME DEPOT BRIDGE ROADWAY CONSTRUCTION AND DRAINAGE IMPROVEMENTS JOB LOCATION: ROUND ROCK, WILLIAMSON COUNTY, TEXAS OWNER: CITY OF ROUND ROCK, TEXAS DATE: JULY, 2000 PAGE8OF10 gm sr 11111 INS MIS I/Nlb OlID 11111 Olin MOO MINI OMB IIII OMNI 1111 MIN PROPOSAL BIDDING SHEET JOB NAME: DELL WAY, GATTIS SCHOOL ROAD & HOME DEPOT BRIDGE ROADWAY CONSTRUCTION AND DRAINAGE IMPROVEMENTS JOB LOCATION: ROUND ROCK, WILLIAMSON COUNTY, TEXAS OWNER: CITY OF ROUND ROCK, TEXAS DATE: JULY, 2000 BID ITEM NUMBER 49 50 51 52 53 54 SPECIFICATION ITEM NUMBER 860 860 860 860 860 QUANTITY 360.00 8.00 2.00 3.00 5.00 BID ITEM DESCRIPTION AND UNIT PRICE BID WRITTEN IN WORDS REFLECTORIZED PAVEMENT MARKINGS (TY I) (24')(Y)(SLD) FOR Four AND Sixty PER linear foot DOLLARS CENTS REFLECTORIZED PAVEMENT MARKINGS (TY I) FOR N1net, -FODr AND NO PER each (w) (ARROW) DOLLARS CENTS REFLECTORIZED PAVEMENT MARKINGS (TY I) (W)(WORD) FOR One HNncire Six c DOLLARS AND CENTS PER each REFLECTORIZED PAVEMENT MARKINGS (TY I) (W)(DBL)(ARROW) DOLLARS FOR Ono HnnireA Ninary CENTS AND no PER each REFLECTORIZED PAVEMENT MARKINGS (TY I) (Y((MEDIAN NOSE) FOR (lne HnnAre i F.i ghty DOLLARS AND NO CENTS PER each 873 RAISED PAVEMENT MARKERS (TY I -C) 66.00 FOR Fi AND Thirty rive PER each DOLLARS CENTS UNIT PRICE BID IN NUMBERS $ 4.60 6. 94.00 106.00 $_ 11111, AMOUNT BID $_ 1,656.00 752.00 $. 212.00 $ 570 - 00... $ 9 00_.00_ $_ s.35 _ $ 353,]0 bidsheet.xls PAGE9OF10 BID ITEM NUMBER SPECIFICATION ITEM NUMBER QUANTITY BID ITEM DESCRIPTION AND UNIT PRICE BID WRITTEN IN WORDS UNIT PRICE BID IN NUMBERS AMOUNT ,_ BID 55 873 100.00 RAISED PAVEMENT MARKERS (TY II -AA) FOR Five DOLLARS $ 5.90 $ 590.00 AND Ninety CENTS PER each 56 500.00 CUT & RESTORE PAVEMENT DOLL FOR Ten ARS $ 10.40 $ 5,200.00 AND Forty CENTS PER linear foot 57 1.00 MODIFICATIONS TO DETENTION PONDS Nineteen Thousand, FO . .. -- DOLLARS $19 ; 402.66 $ 19,402.66 AND CENTS Sid, LY -01. PER lump su M -- I - - - - I t t t M- S I PROPOSAL BIDDING SHEET bidsheetxls JOB NAME: DELL WAY, GATTIS SCHOOL ROAD & HOME DEPOT BRIDGE ROADWAY CONSTRUCTION AND DRAINAGE IMPROVEMENTS JOB LOCATION: ROUND ROCK, WILLIAMSON COUNTY, TEXAS OWNER: CITY OF ROUND ROCK, TEXAS DATE: JULY, 2000 WRITTEN WORDS: One Million, One Hundred Seventy -Three Thousand, Four Hundred Three Dollars and No Cents. 1,173,403.00 PAGE10OF10 TOTAL BASE BID (Items 1 thru 57): $1,173,403.00 STATEMENT OF SEPARATE CHARGES: Materials: $ 445.893 14 All Other Charges: $ 727 509.86 Total: $1.173.4o3.00 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 two hundred and forty (240) 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. Respectful/ S tted, Signature Mark Toungate Print Name President of Title for AUSTIN FILTER SYSTEMS, INC_ Name of Firm AUSTIN FILTER SYSTEMS, INC. 13653 Rutledge Spur Austin, Texas 78717 -1016 Address Telephone: 512/331 -6673 Fax : 512/331 -6687 Telephone July 25, 2000 Date Secretary, if Contractor is a Corporation Mark Toungate - Secretary Acknowledge Receipt of the following addendas: # 1 - Dated: July 18, 2000 # 2 - Dated: July 21, 2000 biddoc.mst/spec BD-7 5.0 POST BID DOCUMENTS 'r. THE STATE OF TEXAS COUNTY OF WILLIAMSON § AGREEMENT THIS AGREEMENT, made and entered into this 10th day of Aixtint , 2000 , by and between (Owner) City of Round Rock, Texas of the State of Texas, acting through Robert A. Stluka, Jr., Mayor, thereunto duly authorized so to do, hereinafter termed OWNER, and (Contractor) Art Filter Srhars, Tnr . of Anson , Texas, County of Travis , 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: Dell Way, Gattis School Road & Home Depot Bridge 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 Earthtech, Inc., herein entitled the ENGINEER, each of which has been identified by the CONTRACTOR'S written Proposal, the General Conditions of the Agreement, and the Performance, Payment, and Maintenance Bonds hereof, and collectively evidence and constitute the entire contract. The CONTRACTOR hereby agrees to commence work within 10 calendar days after the date written notice to do so have been given to him, and to complete the same within 240 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. postbid.mst/spec master PBD -1 U 1 1 1 1 1� 1 1� 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) ATTEST: Mayor ert A. Stluka, Jr. Austin Filter Svstere, Inc. MHRK TQUmmo - i its 'ae511�6r.-r (The following to be executed if the Contractor is a Corporation.) (Typed name) (Title) ATTEST: Secretary, if Contractor is a Corporation or otherwise registered with the Secretary of State I, PA PR t Toe , certify that I am the Secretary of the Corporation named as Contractor herein; that MA>zr `rbooGerri , who signed this Contract on behalf of the Contractor was then Pa psi t,p,JT (official title) of said Corporation, that said Contract was duly signed for and in behalf of said Corporation, that said Corporation by authority of its governing body, and is within the scope of its corporate powers. Corporate Seal postbid.mst/spec muter Signed: PBD -2 Zilie$ftt #e of 'Texas Dated APRIL 11 19 04 SECRETARY OF STATE CERTIFICATE OF INCORPORATION OF AUSTIN FILTER SYSTEMS, INC. CHARTER NUMBER 699981 The undersigned. as Secretary of State of the Stale of Team. hereby certifies that Amid. of Incorporation for the above corporation duly wiggled and verified pursuant to the provisions of the Tons. Bviines. Curpnranon Act. ham been received in this office and are found to conform to law. 4 ACCORDINGLY the undersigned, as such Secretary of State. and by virtue of the authority vested in him by law, hereby mums Nut Certifirate of Incorporation and attache. hereto a copy of the Articles of Incorporation. DA b ARTICLES OF INCORPORATION OF AUSTIN FILTER SYSTEMS, INC. To buy, sell and deal in personal property, real property and services subject to Part IV of the Texas Miscellaneous Corporations Laws Act. u.au In tee O fewe of the APR 11 Cl•ek A Cnr0000100111. Sectlon The undersigned. J. Nevin Shaffer, Jr., a naturist l person of the age of eighteen (18) years or more, acting as incorporator of a corporation under the Texas Business Corporation Act, hereby adopts the following Articles of Incorporation for such corporation. Article One The name of the corporation is Austin Filter Systems, Inc.. Article Two The period of its duration is perpetual. Article Three The purposes for which the corporation is organized are: To engage in any lawful purposes for which corporations may be.organized under the Texas Business Corporation Act; and Article Four The aggregate number of shares which the corporation shall have authority to issue is ten thousand (10,000) shares of no par value. Article Five The corporation will not commence business until it has received for the issuance of its shares consideration of the value of one thousand dollars ($1,000.00) consisting of money. labor done or property actually received. _ _ _ _ _ _ IM _ _ _ _ _ Article Six The street address of its initial registered office is 1220 Colorado, Suite 200, Austin, Texas 78701 and the name of it. initial registered agent at such address is J. Nevin Shaffer, Jr. Article Seven The number of directors constituting the initial board of directors is three (3) and the names and addresses of the persons who are to serve as directors until the first annual meeting of the shareholders or until their successors are elected and qualified are: Marvin C. Toungate 4604 Duval Austin, Texas 78727 Mark Alan Toungate 12602 Treeline Drive Austin, Texas 78729 Raymond L. Toungate 4804 Duval Austin, Texas 78727. Article Eight The name and address of the incorporator is: J. Nevin Shaffer, Jr. 1220 Colorado, Suite 200 Austin, Texas 78701. Article Nine The board of directors is expressly authorized to make, alter or amend bylaws of the corporation or to adopt new bylaws. Article Ten The directors and officers of the corporation shall be indemnified by the corporation against expenses actually and necessarily incurred by them in connection with the defense of any action, suit or proceeding in which they are made a party by reason of their being or having been directors or officers of the Articles of Incorporation Page 2 corporation (whether they continue to be such director. or officers at the time of incurring such expenses), except in relation to matters as to which they shall be adjudged in such action, suit or proceeding to be liable for negligence or misconduct in the performance of their duties as such officers or directors. Such right of indemnification shall not be deemed exclusive of any other rights to which they may be entitled hereunder or under any bylaw, agreement, vote of stockholders or otherwise. The corporation shall have the right to intervene in and defend all such actions, suits or proceedings brought against any present or former directors or officers of the corporation. Whenever in this paragraph directors or officers are referred to, such references shall be inclusive of their heirs, executors and administrators. Article Eleven No holder of any shares of any class of stock of the corporation shall, as such holder, have any pre - emptive or preferential right to receive, purchase or subscribe to (i) any . unissued or treasury shares of any class of stock (whether now or _ hereafter authorized) of the corporation, (2) any obligations, evidences of indebtedness or other securities of the corporation convertible into or exchangeable for, or carrying or accompanied by any rights to receive, purchase or subscribe to any such unissued or treasury shares, (3) any right of subscription to or to receive, or any warrant or option for the purchase of, any of A the foregoing securities, and (4) any other securities that may be issued or sold by the corporation, other than such (if any) as Articles of Incorporation Page 3 _ _ _ _ _ _ • _ _ _ _ _ _ • _ _ • _ the Board of Directors of the corporation, in its sole and absolute discretion, may determine from time to time. Article Twelve The corporation shall have right of first refusal to purchase any additional or previously issued shares of the corporation. Shareholder. desiring to sell share. of the corporation must first notify the corporation of its intention to sell so that the corporation may exercise this right of first refusal. IN WITNESS WHEREOF, the undersigned has executed these Articles of Incorporation on this //hi day of /2ppl / , 1984. STATE OF TEXAS COUNTY OF TRAVIS I, a notary public, do hereby certify that on this /l/ day of 41/7/'// , 1984, personally appeared before me J. Nevin Shaffer, Jr., who being by me first duly sworn, declared that he is the person who signed the foregoing document as incorporator, and that the statements therein contained are true. My comet ssi xpiresi !� /, T�Alliy' Articles of Incorporation Page 4 . J. N v n S a er, Jr. . `otary f' lc f an. or t State of Texas ?en0 I , Print l e 0 Notary Ecaion Protection Austin Filter Systems, Inc. April 1, 1990 Tame: 0:00 AM Re: Board of Directors Meeting 12201 ROXIE DRIVE AUSTIN, TEXAS 78729 512-331.6673 Austin filter Systems. Inc. entered in to a Reorganixata on in May, 1900. As a result of this action, Mark Toungate became the 1005 Stockholder of this Corporation. Article 3.02 -- Number and Oualification of Directors. states the authorized number of Directors of this corporation shall be three (31. The Directors need not be shareholders of this corporation or residents of Te..as. The number of Directors may be Increased or decreased from time to time by amendment to these Bylaws.... As required by the above Article 3.02 the number of Directors shall be decreased to one M. This will i a portion of the Bylaws of this Corporation until such time as the sole Director determines it viable and prudent to increase the Directors numbers, according to the Bylaws of this Corporation. Meeting was adjourned at B:15 AM Mark Toungate President Permanent Temporary OM MN In OM =I — THE STATE OF TEXAS COUNTY OF WILLIAMSON PERFORMANCE BOND Bond No. BD43790 KNOWALLMENBYTHESEPRESENTS: That,Austin Filter Systems. Inc. of the City of Austin County of Travis , and State of Texas Co ercial idemnit as Principal, and insurance Company authorized under the law of the State of Texas to act as surety on bonds for principals, are held and firmly bound unto THE CITY gg OF ROUND ROCK, TEXAS, (Owner), in the penal sum of one Million One gg sour dollars ($1,173,403.00 ) for the payment whereof, well and truly to be made the said Principal and Surety bind themselves, and their heirs, administrators, executors, successors and assigns, jointly and severally, by these presents: WHEREAS, the Principal has entered into a certain written contract with the Owner dated the 10Fh day of A„ , 2000 to which the contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein consisting of: 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. poabld,m,Uspea mate Dell Way, Gattis School Road & Home Depot Bridge PBD -3 1 ! 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 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 17th 20 00. Austin Filter S" tem, Inc. , Title Mark Toungate President 13653 Rutledge Spur Address Austin, Texas 78717 Resident Agent of Surety: John W. Schuler Printed Name 1507 South IH35 Address Austin, Texas 78741 City, St Si re ponbid.msuspce mule John W. chuler PBD -4 By: Address day of August Commercial Indemnity Insurance Company Surety —44„1 n W. Schuler At ney -In -Fact Title 2550 South IH35 Austin, Texas 78704 PAYMENT BOND Bond No. 043790 THE STATE OF TEXAS COUNTY OF WILLIAMSON KNOW ALL MEN BY THESE PRESENTS: That Austin Filter Systems, IflC.f the City of Austin , County of Travis , and State of ommerciai 1nde > &rized under the laws of the Texas as Principal, an�nsurance Co. 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 One Million One Hundred Seventy Three Thousand R}lrnHbi§lt be ThreDollars ($ 1,173,403.00 ) for the payment whereof, well and truly be made the said Principal and Surety bind themselves and their heirs, administrators, executors, successors, and assigns, jointly and severally, by these presents: WHEREAS, the Principal has entered into a certain written contract with the Owner, dated the 10th day of AuDust , 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: Dell Way, Gattis School Road & Home Depot Bridge 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. pnmbid m,Vtpec male PBD -5 PAYMENT BOND (continued) Surety, for value received, stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract, or to the work performed thereunder, or the plans, specifications or drawings accompanying the same shall in 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 17th day of August , 20 00. Austin Filter Systems, Inc. , Title Mark Toungate President 13653 Rutledge Spur Address Austin, Texas 78717 Resident Agent of Surety: John W. Schuler Printed Name 1507 South IH35 Address Austin, Texas 78741 City, S .te Zip Co re poslbld sn<V,px mosmr e MA) John W. Schuler PBD -6 Commercial Indemnity Insurance Company Surety W. Schuler y -In -Fact By: Att Title 2550 South IH35 Address Austin, Texas 78704 I. WARRANTY BOND ' BOND NUMBER BD43790 AMOUNT $1,173,403.00 ' KNOW ALL MEN BY THESE PRESENTS, That we, Aus tin Filter Systems, Inc. ' (hereinafter called the "Principal ") as Principal, and the Commercial Indemnity Insurance Co a Corporation duly organized under the laws of the State of Texas and duly licensed to transact business in the State of TpxaG (hereinafter called the "Surety "), as Surety, are ' held and firmly bound unto THE CITY OF ROUND ROCK, TEXAS (hereinafter called the "Obligee "), in the sum of One Million One Hundred Seventy -Three Thousand, Four Hundred Three and No /10CH ($ 1,173,403.00 ) 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 17th day of August A.D. 2000. 1 WHEREAS, the 'said Principal has heretofore entered into a contract with ' City of Round Rock Dated Atriust 10 20a) for construction of: Dell Way, Gattis School Road & Home Depot Bridge I WHEREAS, the said Principal is required to guarantee the construction of all improvements installed under said contract, against defects in materials or workmanship, which may develop during the period of One year(s) from the date of acceptance of the I project above described, by Owner: The City. of Round Rock, Texas I 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, I 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 O1 e year(s) from the date of acceptance of the project above described, by Owner: ' The City of Round Rock, Texas ' postbid PBD -8 1 WARRANTY BOND (continued) OR shall pay over, make good and reimburse to the said Obligee all loss and damage which said Obligee may sustain by reason of failure or default of said Principal so to do, then this obligation shall be null and void; otherwise shall remain in full force and effect. Austin Filter Systems, Inc. Mark Toungate President Title Title 13653 Rutledge Spur Address Austin, Texas 78717 Resident Agent of Surety: John W. Schuler Printed Name 1507 South IH -35 Address Austin, Texas 78741 City, tat - & Zip ode ure punbid.msdspec male PBD -9 Commercial Indemnity Insurance Company Surety 1 I , ti By: , A t& ,y Jo W. Schuler 2550 South IH -35 Address Austin. TPvCR 7870d I Comm ercial Indemnity Insurance Company COMMERCIAL BD43790 2550 S. IH 35, Suite 100 INDEMNITY INSURANCE CO. POWER OF ATTORNEY Austin, Texas 78704 KNOW ALL MEN BY THESE PRESENTS: That the Commercial Indemnity Insurance Company, a Corporation duly organized and existing under the laws of the State of Texas, having its principal office in Austin, Texas, pursuant to the following resolution, adopted by the Board of Directors of the said Company on the 7 day of April, 1999, to wit: ' "Resolved, that any officer of the Company shall have authority to make, execute and deliver a Power of Attorney constituting as Attorney - In -Fact, such persons, firms, or corporations as may be selected from time to time. ' Be It Further Resolved, that the signature of any officer and the Seal of the Company may be affixed to any such Power of Attorney or any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such powers so executed and certified by facsimile signature or facsimile seal shall be valid I and binding upon the Company in the future with respect to any bond or undertaking to which it is attached." Commercial Indemnity Insurance Company does hereby make, constitute and appoint: I John W. Schuler State of Texas its true and lawful attomey(s) -in -fact, with full power and authority hereby conferred in its name, place and stead, to sign, execute, acknowledge and deliver in its behalf, and its act and deed, as follows: ' The Obligation of the Company shall not exceed one million ($1,000,000.00) Dollars. And to bind Commercial Indemnity Insurance Company thereby as fully and to the same extent as if such bond or undertaking was signed by I the duly authorized officer of the Commercial Indemnity Insurance Company, and all the acts of said Attomey(s) pursuant to the authority herein given, are hereby ratified and confirmed. I IN WITNESS WHEREOF, the Commercial Indemnity Insurance Company has caused these presents to be signed by any officer of the Company and its Corporate Seal to be hereto affixed. State of Texas I County of Travis ' Commission Expires 8 -26 -2000 John W. Schuler. President I On this 7'" day of April, in the year 1999, before me Sandra L. Denton, a notary public, personally appeared John W. Schuler, personally known to me to be the person who executed the within instrument as President, on behalf of the Corporation therein named and acknowledged to me that the Corporation executed it. Sandra L. Denton, Notary Public CERTIFICATE I I, the undersigned, Secretary of Commercial Indemnity Insurance Company, DO HEREBY CERTIFY that the foregoing and attached Power of Attorney and Certificate of Authority remains in full force and has not been revoked: Signed and Sealed at the said Company at Austin, Texas dated this 17th day of August 20 00 Joel T. Massey, Secretary SANDRA L DENTON NOTARY PUBLIC State of Taxes Carom E 08.28•2000 COMMERCIAL INDEMNITY Insurance Company IMPORTANT NOTICE To obtain information or make a complaint: You may contact John W. Schuler, President of Operations, whose direct dial number is 512 - 444 - 7776. You may also fax us information at 512 - 440 - 0989. You may also call Commercial Indemnity Insurance Company's toll - free telephone number for information or to make a complaint at: 1 800 - 234 - 8046 You may also write to Commercial Indemnity Insurance Company : 2550 South IH -35, Suite 100, Austin, Texas 78704. You may contact the Texas Department of Insurance to obtain information on companies, coverages, rights or complaints at: 1- 800 - 252 -3439 You may also write the Texas Department of Insurance: P.O. Box 149104, Austin, Texas 78714 -9104, Fax 512 - 475 -1771. PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim you should contact the company first. If the dispute is not resolved you may contact the Texas Department of Insurance. ATTACH THIS NOTICE TO YOUR POLICY: This notice is for information only and does not become a part of condition of the attached document. CERTIFICATE OF LIABILITY INSURANCE I PRODUCER COMPANIES AFFORDING COVERAGE Greater Austin Ins Agency, Inc. A Twin City Fire Ins Co ' P. O. Box 201570 Austin, Tx 78720 B Tx Work Comp Ins Fund Date: 8 - 00 I NSUREDAustin Filter Systems, Inc. C 13653 Rutledge Spur D Austin, Tx 78736 THIS IS TO CERTIFY THAT the Insured named above is insured by the Companies listed above with respect to the business ,operations hereinafter described, for the types of insurance and in accordance with the provisions of the standard policies used by the companies, and further hereinafter described. Exceptions to the policies are noted below. 'CO TYPE OF INSURANCE PO EFFECTIVE ' FEE EXPIRATION LIMITS LTR GENERAL LIABILITY GENERAL AGGREGATE PRODUCTS - COMP/OP AGG. I A 65CESSS940 5 -15 -00 5 -15 -01 PERSONAL & ADV. INJURY EACH OCCURRENCE FIRE DAMAGE (Any one fun) MED. EXPENSE (Any one person) I AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $1,000,0j0 BODILY INJURY (Pa person) S 'A 65UENGT4730 4 -15 -00 4 -15 -01 BODILY INJURY (Pa =idea) S PROPERTY DAMAGE 5 EACH OCCURRENCE $5,000,000 ExcESS LIABILITY ' 65HUSL4516 5 -15 -00 5 -15 -01 AGGREGATE 5 5,000,000 STATUTORY LIMITS ' B WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY OTHER General Contractor TSF0010092702 02 -28 -01 2 -28 -01 DESCRIPTION OF OPERATIONS! LOCATIONS/ VEHICIFSISPECIAI .ITEM S/EXCEPTIONS $2,000,000 62,000,000 51,000,000 5 1,000,000 300,000 s 10,000 EACH ACCIDENT S 500,000 DISEASE - POLICY LIMIT s 500,000 DISEASE -EACH EMPLOYEE $ 500,000 ' The City of Round Rock is named as additional insured with respect to all policies except Workers' Compensation and Employers' Liability. Should any of the above described policies by cancelled or changed before the expiration date thereof, the issuing company will mail shiny (30) days written notice to the ' certificate holder named below. CERTIFICATE HOLDER: City ound Rock TDR,i %I A AUTHORIZED RE RESE I 221 E. . Main Street ` �( //.� 1 r ' d — Round Rock. Texas 78664 attn: Joanne Land g Robert G. Husk Title: Typed NA eent postbid mst/spec master PBD-7 6.0 GENERAL CONDITIONS 1 1 I 1 1 I I I 1 Contents 1. Definition of Terms 1.01 - Owner, Contractor and Engineer 1.02 - Contract Documents 1.03 - Subcontractor 1.04 - Sub - Subcontractor 1.05 - Written Notice 1.06 - Work 1.07 - Extra Work 1.08 - Working Day 1.09 - Calendar Day 1.10 - Substantially Completed 2. 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 General Conditions of Agreement 3. General Obligations and Responsibilities 3.01 - Keeping of Plans and Specifications Accessible 3.02 - Ownership of Drawings 3.03 - Adequacy of Design 3.04 - Right of Entry gencond.mst/spec master GC -1 1 1 I 3. General Obligations and Responsibilities (cont'd) 3.05 - Collateral Contracts 3.06 - Discrepancies and Omissions 3.07 - Equipment, Materials and Construction Plant 3.08 - Damages 3.09 - Protection Against Accident to Employees and the Public 3.10 - Performance and Payment Bonds 3.11 - Losses from Natural Causes 3.12 - Protection of Adjoining Property 3.13 - Protection Against Claims of Subcontractors, etc. 3.14 - Protection Against Royalties or Patented Invention 3.15 - Laws and Ordinances 3.16 - Assignment and Subletting 3.17 - Indemnification 3.18 - Insurance 3.19 - Final Clean-Up 3.20 - Guarantee Against Defective Work 3.21 - Testing of Materials 3.22 - Wage Rates 4. Prosecution and Progress 4.01 - Time and Order of Completion 4.02 - Extension of Time 4.03 - Hindrances and Delays 5. Measurement and Payment 5.01 - Quantities and Measurements 5.02 - Estimated Quantities 5.03 - Price of Work 5.04 - Partial Payments 5.05 - Use of Completed Portions 5.06 - Final Completion and Acceptance 5.07 - Final Payment 5.08 - Payments Withheld 5.09 - Delayed Payments gencond.mst/spec master GC - 6. Extra Work and Claims 6.01 - Change Orders 6.02 - Minor Changes 6.03 - Extra Work 6.04 - Time of Filing Claims 6.05 - Continuing Performance 7. Abandonment of Contract 7.01 - Abandonment by Contractor 7.02 - Abandonment by Owner 8. Subcontractors 8.01 - Award of Subcontracts for Portions of Work 8.02 - Subcontractual Relations 8.03 - Payments to Subcontractors 9. Separate Contracts 9.01 - Owner's Right to Award Separate Contracts 9.02 - Mutual Responsibility of Contractors 9.03 - Cutting and Patching Under Separate Contracts 10. Protection of Persons and Property 10.01 - Safety Precautions and Programs 10.02 - Safety of Persons and Property 10.03 - Location and Protection of Utilities 11. Termination 11 . 01 - Termination by Owner for Cause 11.02 - Termination for Convenience gencond.mst/spec master GC -3 I: II E 1. Definition of Terms 1.01 Owner, Contractor and Engineer General Conditions of Agreement The Owner, the Contractor and the Engineer and those persons or organizations identified as such in the Agreement are referred to throughout the Contract Documents as if singular in number and masculine in gender. The term "Engineer" means the Engineer or his duly authorized representative. The Engineer shall be understood to be the Engineer of the Owner, and nothing contained in the Contract Documents shall create any contractual or agency relationship between the Engineer and the Contractor. 1.02 Contract Documents The Contract Documents shall consist of the Notice to Contractors, Instructions to Bidders, Proposal, Signed Agreement, Performance and Payment Bonds (when required), Special Bonds (when required), General Conditions of the Agreement, Construction Specifications, Plans and all modifications thereof incorporated in any such documents before the execution of the agreement. The Contract Documents are complementary, and what is called for by any one shall be as binding as if called for by all. In case of conflict between any of the Contract Documents, priority of interpretation shall be in the following order: Signed Agreement, Performance and Payment Bonds, Special Bonds (if any), Proposal, Special Conditions of Agreement, Notice to Contractors, Technical Specifications, Plans, and General Conditions of Agreement. 1.03 Subcontractor The term "Subcontractor," as employed herein, includes only those having a direct contract with the Contractor. It includes one who furnishes material worked to special design according to the plans or specifications of this work, but does not include one who merely furnishes material not so worked. 1.04 Sub - Subcontractor The term "Sub- Subcontractor" means one who has a direct or indirect contract with a Subcontractor to perform any of the work at the site. It includes one who furnishes material worked to a special design according to the plans or specifications of this work, but does not include one who merely furnishes material not so worked. gencond.mst/spec master GC-4 • 1 I 1 1 1 1 1° I I I 1.05 Written Notice 1.06 Work Written notice shall be deemed to have been duly served if delivered in person to the individual or to an officer of the corporation for whom it is intended, or if delivered to or sent by registered mail to the last business address known to him who gives the notice. The Contractor shall provide and pay for all materials, machinery, equipment, tools, superintendence, labor, services, insurance, and all water, light, power, fuel, transportation and other facilities necessary for the execution and completion of the work covered by the Contract Documents. Unless otherwise specified, all materials shall be new and both workmanship and materials shall be of a good quality. The Contractor shall, if required, furnish satisfactory evidence as to the kind and quality of materials. Materials or work described in words which, when so applied, have a well -known technical or trade meaning shall be held to refer to such recognized standards. 1.07 Extra Work The term "Extra Work" shall be understood to mean and include all work that may be required by the Engineer or the Owner to be done by the Contractor to accomplish any change, alteration or addition to the work shown upon the plans, or reasonably implied by the specifications, and not covered by the Contractor's Proposal, except as provided under "Changes and Alterations" herein. 1.08 Working Day The term "Working Day" is defined as any day not including Saturdays, Sundays or any legal holidays, in which weather or other conditions, not under the control of the Contractor, will permit construction of the principal units of the work for a period of not less than seven (7) hours between 7:00 a.m. and 6:00 p.m. 1.09 Calendar Day The term "Calendar Day" is defined as any day of the week or month, no days being excepted. 1.10 Substantially Completed The term "Substantially Completed" shall be understood to mean that the structure has been made suitable for use or occupancy or that the facility is in condition to serve its intended purpose, but still may require minor miscellaneous woik and adjustment. gencond.mst/spec master GC -5 I I I I I I i I I I I I I I I- I' I` I. 2. Responsibilities of the Engineer and the Contractor 2.01 Owner - Engineer Relationship The Engineer will be the Owner's representative during construction. The duties, responsibilities and limitations of authority of the Engineer as the Owner's representative during construction are as set forth in the Contract Documents and shall not be extended or limited Without written consent of the Owner and the Engineer. The Engineer will advise and consult with the Owner, and all of the Owner's instructions to the Contractor shall be issued through the Engineer. 2.02 Professional Inspection by Engineer The Engineer shall make periodic visits to the site to familiarize himself with the progress of the executed work and to determine if such work meets the essential performance and design features and the technical and functional engineering requirements of the Contract Documents; provided and except, however, that the Engineer shall not be responsible for making any detailed, exhaustive, comprehensive or continuous on -site inspection of the quality or quantity of the work or be responsible, directly or indirectly, for the construction means, methods, techniques, sequences, quality, procedures, programs, safety precautions or lack of same incident thereto or in connection therewith. Notwithstanding any other provision of this agreement or any other Contract Document, the Engineer shall not be responsible or liable for any acts, errors, omissions or negligence of the Contractor, any Subcontractor or any of the Contractor's or Subcontractor's agents, servants or employees or any other person, firm or corporation performing or attempting to perform any of the work. 2.03 Payments for Work The Engineer shall review the Contractor's applications for payment and supporting data, determine the amount owed to the Contractor and recommend, in writing, payment to the Contractor in such amounts; such recommendation of payment to the Contractor constitutes a representation to the Owner of the Engineer's professional judgement that the work has progressed to the point indicated to the best of his knowledge, information and belief, but such recommendation of an application for payment to the Contractor shall not be deemed as a representation by the Engineer that the Engineer has made any examination to determine how or for what purpose the Contractor has used the monies paid on account of the contract price. 2.04 Initial Determinations The Engineer initially shall determine all claims, disputes and other matters in question between the Contractor and the Owner relating to execution or progress of the work or interpretation of the Contract Documents. The Engineer's decision shall be rendered in gencond.mst/spec master GC -6 1L writing within a reasonable time, which shall not be construed to be less than ten (10) days. 2.05 Objections In the event the Engineer renders any decision which, in the opinion of either party hereto, is not in accordance with the meaning and intent of this contract, either party may file with the Engineer within thirty (30) days his written objection to the decision, and by such action may reserve the right to submit the question so raised to litigation as hereinafter provided. 2.06 Lines and Grades Unless otherwise specified, all lines and grades shall be furnished by the Engineer or his representative. Whenever necessary, construction work shall be suspended to permit performance of this work, but such suspension will be as brief as practicable and the Contractor shall be allowed no extra compensation therefor. The Contractor shall give the Engineer reasonable notice of the time and place where lines and grades will be needed. All stakes, marks, etc., shall be carefully preserved by the Contractor, and in case of careless destruction or removal by him or his employees, such stakes, marks, etc., shall be replaced at the Contractor's expense. 2.07 Contractor's Duty and Superintendence The Contractor shall give adequate attention to the faithful prosecution and completion of this contract and shall keep on the work, during its progress, a competent English- speaking Superintendent and any necessary assistants to supervise and direct the work. The Superintendent shall represent the Contractor in his absence and all directions given to him shall be as binding as if given to the Contractor. The Contractor is and at all times shall remain an independent contractor, solely responsible for the manner and method of completing his work under this contract, with full power and authority to select the means, method and manner of performing such work, so long as such methods do not adversely affect the completed improvements, the Owner and the Engineer being interested only in the result obtained and conformity of such completed improvements to the plans, specifications and contract. Likewise, the Contractor shall be solely responsible for the safety of himself, his employees and other persons, as well as for the protection and safety of the improvements being erected and the property of himself or any other person, as a result of his operations hereunder. Engineering construction drawings and specifications, as well as any additional information concerning the work to be performed passing from or through the Engineer, shall not be interpreted as requiring or allowing the Contractor to deviate from the plans and specifications; the intent of such drawings, specifications and any other such information being to define with specificity the agreement of the parties as to the work the Contractor is to perform. The Contractor shall be fully and completely liable, at his own expense, for gencond.mst/spec master GC -7 I 1 1- 1 I design, construction, installation, and use or non -use of all items and methods incident to performance of the contract, and for all loss, damage or injury incident thereto, either to person or property, including, without limitation, the adequacy of all temporary supports, shoring, bracing, scaffolding, machinery or equipment, safety precautions or devices, and similar items or devices used by him during construction. Any review of work in process, or any visit or observation during construction, or any clarification of plans and specifications, by the Engineer or the Owner, or any agent, employee, or representative of either of them, whether through personal observation on the project site or by means of approval of shop drawings for temporary construction or construction processes, or by other means or methods, is agreed by the Contractor to be for the purpose of observing the extent and nature of work completed or being performed, as measured against the drawings and specifications constituting the contract, or for the purpose of enabling the Contractor to more fully understand the plans and specifications so that the completed construction work will conform thereto, and shall in no way relieve the Contractor 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 the Contractor from his responsibility to complete all work in accordance with said plans and specifications. 2.08 Contractor's Understanding It is understood and agreed that the Contractor has, by careful examination, satisfied himself as to the nature and location of the work, the conformation of the ground, the character, quality and quantity of the materials to be encountered, the character of equipment and facilities needed preliminary to and during the prosecution of the work, the general and local conditions, and all other matters which can in any way affect the work under this contract. The Contractor agrees that he will make no claim against the Owner or the Engineer if, in the prosecution of the work, he finds that the actual site or subsurface conditions encountered do not conform to those indicated by excavation, test excavation, test procedures, borings, explorations or other subsurface excavations. No verbal agreement or conversation with any officer, agent or employee of the Owner or the Engineer either before or after the execution of this contract, shall affect or modify any of the terms or obligations herein contained. 2.09 Character of Workers The Contractor agrees to employ only orderly and competent workers, skillful in the performance of the type of work required under this contract, to do the work; and agrees that whenever the Engineer shall inform him in writing that any workers on the work are, in his opinion, incompetent, unfaithful or disorderly, or refuse instructions from the Engineer in the gencond.mst/spec master GC -8 absence of the Superintendent, such worker shall be discharged from the work and shall not again be employed on the work without the Engineer's written consent. No illegal alien may be employed by any Contractor for work on this project, and a penalty of $500.00 per day will be assessed for each day and for each illegal alien who works for the Contractor at this project. 2.10 Contractor's Buildings The building of structures for housing workers, or the erection of tents or other forms of protection, will be permitted only at such places as the Engineer shall direct, and the sanitary conditions of the grounds in or about such structures shall at all times be maintained in a manner satisfactory to the Engineer. 2.11 Sanitation Necessary sanitary conveniences for the use of laborers on the work, properly secluded from public observation, shall be constructed and maintained by the Contractor in such manner and at such points as shall be approved by the Engineer, and their use shall be strictly enforced. 2.12 Shop Drawings The Contractor shall submit to the Engineer, with such promptness as to cause no delay in his own work or in that of any other Contractor, four (4) checked copies, unless otherwise specified, of all shop and/or setting drawings and schedules required for the work of the various trades, and the Engineer shall pass upon them with reasonable promptness, making desired corrections. The Contractor shall make any corrections required by the Engineer, file with him two (2) corrected copies and furnish such other copies as may be needed. The Engineer's review of such drawings or schedules shall not relieve the Contractor from responsibility for deviations from drawings or specifications, unless he has in writing called the Engineer's attention to such deviations at the time of submission, nor shall it relieve him from responsibility for errors of any sort in shop drawings or schedules. It shall be the Contractor's responsibility to fully and completely review all shop drawings to ascertain their effect on his ability to perform the required contract work in accordance with the plans and specifications and within the contract time. Such review by the Engineer shall be for the sole purpose of determining the general conformity of said shop drawings or schedules to result in finished improvements in conformity with the plans and specifications, and shall not relieve the Contractor of his duty as an independent contractor as previously set forth, it being expressly understood and agreed that the Engineer does not assume any duty to pass upon the propriety or adequacy of such drawings or schedules, or any means or methods reflected thereby, in relation to the safety of either person or property during the Contractor's performance hereunder. gencond.mstlspec master GC -9 2.13 Preliminary Approval The Engineer shall not have the power to waive the obligations of this contract for the furnishing by the Contractor of good material, and of his performing good work as herein described, and in full accordance with the plans and specifications. No failure or omission of the Engineer to discover, object to or condemn any defective work or material shall release the Contractor from the obligations to fully and properly perform the contract, including without limitation, the obligation to at once tear out, remove and properly replace any defective work or material at any time prior to final acceptance upon the discovery of said defective work or material; provided, however, that the Engineer shall, upon request of the Contractor, inspect and accept or reject any material furnished, and in the event the material has been once accepted by the Engineer, such acceptance shall be binding on the Owner unless it can be clearly shown that such material 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, forthwith remove such material and rebuild or otherwise remedy such work so that it shall be in full accordance with this contract. 2.15 Changes and Alterations The Contractor further agrees that the Owner may make such changes and alterations as the Owner may see fit in the line, grade, form, dimensions, plans or materials for the work herein contemplated, or any part thereof, either before or after the beginning of the construction, without affecting the validity of this contract and the accompanying performance and payment Bonds. If such changes or alterations diminish the quantity of the work to be done, they shall not constitute the basis for a claim for damages or anticipated profits on the work that may be gencond.mstlspec master GC -10 I I dispensed with, except as provided for unit price items under Section 5 "Measurement and Payment ". If the amount of work is increased, and the work can fairly be classified under the specifications, such increase shall be paid for according to the quantity actually done and at the unit price, if any, established for such work under this contract, except as provided for unit price items under Section 5 "Measurement and Payment ". Otherwise, such additional work shall be paid for as provided under Extra Work. In the event the Owner makes such changes or alterations as shall make useless any work already done or material already furnished or used in said work, then the Owner shall compensate the Contractor for any material or labor so used, and for any actual loss occasioned by such change, due to actual expense incurred in preparation for the work as originally planned. 2.16 Inspectors The Engineer may provide one (or more) field inspectors at the work site for the limited purpose of observing the work in progress and reporting back to the Engineer on the extent, nature, manner and performance of the work so that the Engineer may more effectively perform his duties hereunder. Such inspectors may also communicate between the Engineer and the Contractor their respective reports, opinions, questions, answers and clarifications concerning the plans, specifications and work but shall not be deemed the agent of the Contractor for all purposes in communicating such matters. Such inspectors may confer with the Contractor or the Contractor's Superintendent concerning the prosecution of the work and its conformity with the plans and specifications but shall never be, in whole or part, responsible for or charged with, nor shall he assume any authority or responsibility for the means, methods or manner of completing the work or of the superintendence of the work or of the Contractor's employees. It is expressly understood and agreed that any such inspector is not authorized by the Engineer or the Owner to independently act for either or answer on behalf of either, any inquiries of the Contractor concerning the plans, specifications or work. No inspector's opinion, advice, interpretation of the plans or specifications of this contract, apparent or express approval of the means or methods or manner of the Contractor's performance of work in progress or completed, or discovery or failure to discover or object to defective work of materials shall release the Contractor from his duty to complete all work in strict accordance with the plans and specifications or stop the Owner or the Engineer from requiring that all work be fully and properly performed including, if necessary, removal of defective or otherwise unacceptable work and the re-doing of such work. 3. General Obligations and Responsibilities 3.01 Keeping of Plans and Specifications Accessible The Engineer shall furnish the Contractor with an adequate and reasonable number of copies of all plans and specifications without expense to him and the Contractor shall keep one (1) gencond.mst/spec master GC - copy of the same constantly accessible on the work, with the latest revisions noted thereon. 3.02 Ownership of Drawings All drawings, specifications and copies thereof furnished by the Engineer shall not be reused on other work, and, with the exception of the signed contract sets, are to be returned to him on request, at the completion of the work. All models are the property of the Owner. 3.03 Adequacy of Design It is understood that the Owner believes it has employed competent engineers and designers. It is therefore agreed that the Owner shall be responsible for the adequacy of the design, sufficiency of the Contract Documents, the safety of the structure and the practicability of the operations of the completed project provided that the Contractor has complied with the requirements of the said Contract Documents, all approved modifications thereof, and additions and alterations thereto approved in writing by the Owner. The burden of proof of such compliance shall be upon the Contractor to show that he has complied with the said requirements of the Contract Documents, approved modifications thereof, and all approved additions and alterations thereto. 3.04 Right of Entry The Owner reserves the right to enter the property or location at which the works herein contracted for are to be constructed or installed, by such agent or agents as he may elect, for the purpose of inspecting the work or for the purpose of constructing or installing such collateral work as the Owner may desire. 3.05 Collateral Contracts The Owner agrees to provide, by separate contract or otherwise, all labor and material essential to the completion of the work specifically excluded from this contract, in such manner so as not to unreasonably delay the progress of the work or damage the Contractor, except where such delays are specifically mentioned elsewhere in the Contract Documents. The Owner will attempt to coordinate the collateral work of utility companies regulated by City franchises, but the City shall not be responsible for delays or other damages to the Contractor which may result from their acts or omissions. 3.06 Discrepancies and Omissions The Contractor shall provide written notice to the Engineer of any omissions or discrepancies found in the contract. It is further agreed that it is the intent of this contract that all work must be done and all material must be furnished in accordance with generally accepted practices for construction. In the event of any discrepancies between the separate Contract Documents, the priority of interpretation defined under "Contract Documents" shall govern. In the event that there is still any doubt as to the meaning and intent of any portion of the gencond.mst/spec master GC -12 1 1 1 I- contract, specifications or drawings, the Engineer shall define what is intended to apply to the work. 3.07 Equipment, Materials and Construction Plant The Contractor shall be responsible for the care, preservation, conservation, and protection of all materials, supplies, machinery, equipment, tools, apparatus, accessories, facilities, all means of construction, and any and all parts of the work, whether the Contractor has been paid, partially paid, or not paid for such work, until the entire work is completed and accepted. 3.08 Damages In the event the Contractor is damaged in the course of completion of the work by the act, negligence, omission, mistake or default of the Owner or the Engineer, thereby causing loss to the Contractor, the Owner agrees that he will reimburse the Contractor 'for such loss. In the event the Owner is damaged in the course of the work by the act, negligence, omission, mistake or default of the Contractor, or should the Contractor unreasonably delay the progress of the work being done by others on the job so as to cause loss for which the Owner becomes liable, then the Contractor shall reimburse the Owner for such loss. 3.09 Protection Against Accident to Employees and the Public The Contractor shall at all times exercise reasonable precautions for the safety of employees and others on or near the work and shall comply with all applicable provisions of federal, state, and municipal safety laws and building and construction codes. All machinery and equipment and other physical hazards shall be guarded in accordance with the "Manual of Accident Prevention in Construction" of the Associated General Contractors of America, except where incompatible with federal, state, or municipal laws or regulations. The Contractor shall provide such machinery guards, safe walkways, ladders, bridges, gangplanks, and other safety devices. The safety precautions actually taken and their adequacy shall be the sole responsibility of the Contractor, acting at his discretion as an independent contractor. In the event there is an accident involving injury to any individual on or near the work, the Contractor shall immediately notify the Owner and the Engineer of the event and shall be responsible for recording the location of the event and the circumstances surrounding the event through photographs, interviewing witnesses, obtaining of medical reports and other documentation that defines the event. Copies of such documentation shall be provided to the Owner and the Engineer for their records. 3.10 Performance and Payment Bonds Unless otherwise specified, it is further agreed by the parties to the contract that the gencond.mst/spec master GC -13 Contractor will execute separate performance and payment bonds, each in the sum of one hundred (100%) percent of the total contract price, on standard forms for this purpose, guaranteeing faithful performance of the work and the fulfillment of any guarantee required, and further guaranteeing payment to all persons supplying labor and materials or furnishing him any equipment in the execution of the contract. If the contract price is $25,000.00 or less, no payment or performance bond shall be required. It is agreed that the contract shall not be in effect until such performance and payment bonds are furnished and approved by the Owner. Unless otherwise specified, the cost of the premium for the performance and payment bonds shall be included in the price bid by the Contractor for the work under this contract, and no extra payment for such bonds will be made by the Owner. Unless otherwise approved in writing by the Owner, the surety company underwriting the bonds shall be licensed to write such bonds in the State of Texas. 3.11 Losses from Natural Causes Unless otherwise specified, all loss or damage to the Contractor arising out of the nature of the work to be done, or from the action of the elements, or from any unforeseen circumstance in the prosecution of the same, or from unusual obstructions or difficulties which may be encountered in the prosecution of the work, shall be sustained and borne by the Contractor at his own cost and expense. 3.12 Protection of Adjoining Property The said Contractor shall take proper means to protect the adjacent or adjoining property or properties, in any way encountered, which might be injured or seriously affected by any process of construction to be undertaken under this agreement, from any damage or injury by reason of said process of construction; and he shall be liable for any and all claims for such damage on account of his failure to fully protect all adjoining property. The Contractor agrees to indemnify, save and hold harmless the Owner and the Engineer against any claim or claims for damages due to any injury to any adjacent or adjoining property, arising or growing out of the performance of the contract regardless of whether or not it is caused in part by a party indemnified hereunder, but any such indemnity shall not apply to any claim of any kind arising solely out of the existence or character of the work. 3.13 Protection Against Claims of Subcontractors, Laborers, Materialmen and Furnishers of Machinery, Equipment and Supplies The Contractor agrees that he will indemnify and save the Owner and the Engineer harmless 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 gencond.mst/spec master GC -14 1 t 1 1 1 • I I I of this contract. When so desired by the Owner, the Contractor shall furnish satisfactory evidence that all obligations of the nature hereinabove designated have been paid, discharged or waived. If the Contractor fails to do so, then the Owner may either pay directly any unpaid bills of which the Owner has written notice, or may withhold from the Contractor's unpaid compensation a sum of money deemed reasonably sufficient to liquidate any and all such lawful claims. When satisfactory evidence is furnished that all liabilities have been fully discharged, payments to the Contractor shall be resumed in full in accordance with the terms of this contract, but in no event shall the provisions of this sentence be construed to impose any obligation upon the Owner by either the Contractor or his surety. 3.14 Protection Against Royalties or Patented Invention The Contractor shall pay all royalties and license fees, and shall provide for the use of any design, device, material or process covered by letter patent or copyright by suitable legal agreement with the patentee or owner. The Contractor shall defend all suits or claims for infringement of any patent or copyright rights and shall indemnify and save the Owner and the Engineer harmless from any loss on account thereof, except that the Owner shall defend all such suits and claims and shall be responsible for all such loss when a particular design, device, material or process or the product of a particular manufacturer or manufacturers is specified or required by the Owner; provided, however, if choice of alternate design, device, material or process is allowed to the Contractor, then the Contractor shall indemnify and save the Owner harmless form any loss on account thereof. If the material or process specified or required by the Owner is known by the Contractor to be an infringement, the Contractor shall be responsible for such loss unless he promptly gives such information to the Owner. 3.15 Laws and Ordinances The Contractor shall at all times observe and comply with all federal, state and local laws, ordinance and regulations, which in any manner affect the contract or the work, and shall indemnify and save harmless the Owner and the Engineer against any claim arising from the violation of any such laws, ordinances, and regulations whether by the Contractor or his employees, except where such violations are called for by the provisions of the Contract Documents. If the Contractor observes that the plans and specifications are at variance therewith, he shall promptly notify the Engineer in writing, and any necessary changes shall be prepared as provided in the contract for changes in the work. If the Contractor performs any work knowing it to be contrary to such laws, ordinances, rules and regulations, and without such notice to the Engineer, he shall bear all costs arising therefrom. In case the Owner is a body politic and corporate, the law from which it derives its powers, insofar as the same regulates the objects for which, or the manner in which, or the conditions under which the Owner may enter into contract, shall be controlling and shall be considered as part of this contract to the same effect as though embodied herein. 3.16 Assignment and Subletting gencond.mstlspec master GC -15 1 1 1 1 1 1 '• 1L The Contractor further agrees that he will retain personal control and will give his personal attention to the fulfillment of this contract and that he will not assign by Power of Attorney or otherwise, or sublet said contract without the written consent of the Engineer, and that no part or feature of the work will be sublet to anyone objectionable to the Engineer or the Owner. The Contractor further agrees that the subletting of any portion or feature of the work, or materials required in the performance of this contract, shall not relieve the Contractor from his full obligations to the Owner as provided by this agreement. 3.17 Indemnification The Contractor shall defend, indemnify and hold harmless the Owner and the Engineer and their respective officers, agents and employees, from and against all damages, claims, losses, demands, suits, judgements and costs, including reasonable attorneys' fees and expenses, arising out of or resulting from the performance of the work, provided that any such damage, claim, loss, demand, suit, judgment, cost or expense: 1. is attributable to bodily injury, sickness, disease or death of any person including Contractor's employees and any Subcontractor's employees and any Sub - subcontractor's employees, or to injury to or destruction of tangible property including Contractor's property (other than the work itself) and the property of any Subcontractor of Sub - subcontractor including the loss of use resulting therefrom; and, 2. is caused in whole or in part by any intentional or negligent act or omission of the Contractor, any Subcontractor, any Sub - subcontractor or anyone directly or indirectly employed by any one of them or anyone for whose acts any of them may be liable, regardless of whether or not it is caused in part by a party indemnified hereunder. The obligation of the Contractor under this paragraph shall not extend to the liability of the Engineer, his agents or employees arising out of the preparation of maps, plans, reports, surveys, change orders, designs or specifications, or the approval of maps, plans, reports, surveys, change orders, designs or specifications or the issuance of or the failure to give directions or instructions by the Engineer, his agents or employees, provided such is the sole cause of the injury or damage. In any and all claims against the Owner or the Engineer or any of their agents or employees by any employee of the Contractor, any Subcontractor, any Sub - subcontractor, anyone directly or indirectly employed by any of them, or anyone for whose acts any of them may be liable, the indemnification obligation under Paragraph 3.17 shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the Contractor or any Subcontractor or Sub - subcontractor under workers' compensation acts, disability benefit acts or other employee benefit acts. gencond.mst/spec master GC -16 3.18 Insurance The Contractor shall carry insurance as follows for the duration of this contract. A. Statutory Workmen's Compensation. Definitions: gencond.mst/spec master Certificate of coverage ( "certificate ") - a copy of a certificate of insurance, a certificate of authority to self - insure issued by the Texas Workers' Compensation Commission, or a coverage agreement (TWCC -81, TWCC -82, TWCC -83, or TWCC -84), showing statutory workers' compensation insurance coverage for the person's or entity's employees providing services on a project, for the duration of the project. Duration of the 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. 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 GC -17 gencond.mstlspec master coverage or Item 3C must contain the following: "As States except those listed in 3A and the States of NV, ND, OH, WA, WV, and WY. The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the contract. If the coverage period shown on the Contractor's current certificate of coverage ends during the duration of the project, the Contractor must, prior to the end of the coverage period, file a new certificate of coverage with the governmental entity showing that coverage has been extended. The Contractor shall obtain from each person providing services on a project, and provide to the governmental entity: (a) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and (b) no later than seven (7) calendar days after receipt by the Contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project. The Contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter. The Contractor shall notify the governmental entity in writing by certified mail or personal delivery, within ten (10) calendar days after the Contractor knew or should have known of any change that materially affects the provision of coverage of any person providing services on the project. The Contractor shall post on each project site a notice, in the text, form and manner prescribed by the Texas Workers' Compensation Commission, informing all persons providing services on the project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage. The Contractor shall contractually require each person with whom it contracts to provide services on the project to: (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), GC -18 gencond.mst/spec master (e) (t) (g) 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 shown on the current certificate of coverage ends during the duration of the project; retain all required certificates of coverage on file for the duration of the project and for one year thereafter; notify the governmental entity in writing by certified mail or personal delivery, within ten (10) calendar days after the person knew or should have known of any change that materially affects the provision of coverage of any person providing services on the project; and contractually require each person with whom it contracts to perform as required by paragraphs (a) - (g), with the certificates of coverage to be provided to the person for whom they are providing services. 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, and/or other civil actions. The Contractor's failure to comply with any of these provisions is a breach of contract GC -19 by the contractor that entitles the governmental entity to declare the contract void if the Contractor does not remedy the breach within ten (10) calendar days after the receipt of notice of breach from the governmental entity. B. Comprehensive General Liability Insurance with minimum Bodily Injury limits of $300,000 for each occurrence including like coverage for acts and omissions of Subcontractors and contractual liability coverage. C. Property Damage Insurance with minimum limits of $50,000 for each occurrence including like coverage for acts and omissions of Subcontractors and contractual liability coverage. D. Automobile Liability Insurance for all owned, non - owned, and hired vehicles with minimum limits for Bodily Injury of $100,000 for each person and $300,000 for each occurrence and Property Damage minimum limits of $50,000 for each occurrence. Contractor shall require Subcontractors to provide Automobile Liability Insurance with same minimum limits. The Contractor shall not commence work at the site under this contract until he has obtained all required insurance and until such insurance has been approved by the Owner and the Engineer. The Contractor shall not allow any Subcontractors to commence work until all insurance required has been obtained and approved. Approval of the insurance by the Owner and the Engineer shall not relieve or decrease the liability of the Contractor hereunder. The required insurance must be written by a company licensed to do business in Texas at the time the policy is issued. In addition, the company must be acceptable to the Owner and all insurance (other than workers' compensation) shall be endorsed to include the Owner as an additional insured thereunder. The Contractor shall not cause any insurance to be cancelled nor pemtit any insurance to lapse. All insurance certificates shall include a clause to the effect that the policy shall not be cancelled or reduced, restricted or limited until ten (10) days after the Owner has received written notice as evidenced by return receipt of registered or certified letter. Certificates of insurance shall contain transcripts from the proper office of the insurer, evidencing in particular those insured, the extent of the insurance, the location and the operations to which the insurance applies, the expiration date, and the above - mentioned notice of cancellation clause. 3.19 Final Clean -up Upon the completion of the work and before acceptance and final payment will be made, the Contractor shall clean and remove from the site of the work all surplus and discarded 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 gencond.mst/spec master GC -20 IL satisfactory to the Engineer. In the event the Contractor fails or refuses to clean and remove surplus materials and debris as above provided, the Owner or the Engineer may do so, or cause same to be done, at the Contractor's expense, and the reasonable cost thereof shall be deducted from the final payment. 3.20 Guarantee Against Defective Work The Contractor warrants the materials and workmanship and that the work is in conformance with the plans and specifications included in this contract for a period of one year from the date of acceptance of the project. Said warranty binds the Contractor to correct any work that does not conform with such plans and specifications or any defects in workmanship or materials furnished under this contract which may be discovered within the said one year period. The Contractor shall at his own expense correct such defect within thirty (30) days after receiving written notice of such defect from the Owner or the Engineer by repairing same to the condition called for in the Contract Documents and plans and specifications. Should the Contractor fail or refuse to repair such defect within the said thirty (30) day period or to provide acceptable assurances that such repair work will be completed within a reasonable time thereafter, the Owner may repair or cause to be repaired any such defect at the Contractor's expense. 3.21 Testing of Materials Unless otherwise specified, testing of all materials to be incorporated into the project will be as directed by the Engineer at the expense of the Owner. All retesting for work rejected on the basis of test results will be at the expense of the Contractor and the extent of the retesting shall be determined by the Engineer. The Engineer may require additional testing for failing tests and may require two (2) passing retests before acceptance will be made by the Owner. The testing laboratory will be designated by the Owner. All materials to be incorporated into the project must meet the requirements of these specifications. For manufactured materials such as reinforcing steel, expansion joint materials, concrete pipe, cement, miscellaneous steel, cast iron materials, etc., the Contractor will be required to furnish a manufacturer's certificate stating that the material meets the requirements specified for this project. 3.22 Wage Rates (Information From Chapter 2258 Texas Government Code Title 10) 2288.021. Duty of Government Entity to Pay Prevailing Wage Rates a. The state or any political subdivision of the state shall pay a worker employed by it or on behalf of it: (1) not less than the general prevailing rate of per diem wages for work of gencond.mst/spec master GC -21 1 a similar character in the locality in which the work is performed; and (2) not less than the general prevailing rate of per diem wages for legal holiday and overtime work. b. Subsection (a) does not apply to maintenance work. c. A worker is employed on a public work for the purposes of this section if the worker is employed by a contractor or subcontractor in the execution of a contract for the public work with the state, a political subdivision of the state, or any officer or public body of the state or a political subdivision of the state. 2258.023. Prevailing Wage Rates to be Paid by Contractor and Subcontractor; Penalty a. The contractor who is awarded a contract by a public body or a subcontractor of the contractor shall pay not less than the rates determined under Section 2258.022 to a worker employed by it in the execution of the contract. b. A contractor or subcontractor who violates this section shall pay to the state or a political subdivision of the state on whose behalf the contract is made, $60 for each worker employed for each calendar day or part of the day that the worker is paid less than the wage rates stipulated in the contract. A public body awarding a contract shall specify this penalty in the contract. c. A contractor or subcontractor does not violate this section if a public body awarding a contract does not determine the prevailing wage rates, and specify the rates in the contract as provided by Section 2258.022. d. The public body shall use any money collected under this section to offset the costs incurred in the administration of this chapter. e. A municipality is entitled to collect a penalty under this section only if the municipality has a population of more than 10,000. 2258.051. Duty of Public Body to Hear Complaints and Withhold Payment A public body awarding a contract, and an agent or officer of the public body, shall 1. take cognizance of complaints of all violations of this chapter committed in the execution of the contract; and 2. withhold money forfeited or required to be withheld under this Chapter from the payments to the contractor under the contract, except that, the public body may not withhold money from other than the final payment without determination by the public body that there is good cause to believe that the contractor has violated this chapter. WR1001 July 1997 Applicable wage rates are shown in Section 06 WAGE RATES of the SPECIAL CONDITIONS. 4. Prosecution and Progress 4.01 Time and Order of Completion gencond.mst/spec master GC -22 It is the meaning and intent of this contract, unless otherwise herein specifically provided, that the Contractor shall be allowed to prosecute his work at such times and seasons, in such order of precedence, and in such manner as shall be most conducive to economy of construction; provided, however, that the order and the time of prosecution shall be such that the work shall be substantially completed as a whole and in part, in accordance with this contract, the plans and specifications, and within the time of completion designated in the proposal: provided, also, that when the Owner is having other work done, either by contract or by his own force, the Engineer may direct the time and manner of constructing the work done under this contract, so that conflict will be avoided and the construction of the various works being done for the Owner shall be harmonized. The Contractor shall submit, at such times as may reasonably be requested by the Engineer, schedules which shall show the order in which the Contractor proposes to carry on the Work, with dates at which the Contractor will start the several parts of the work, and estimated dates of completion of the several parts. 4.02 Extension of Time Should the Contractor be delayed in the completion of the work by any act or neglect of the Owner or the Engineer, or of any employee of either, or by other contractors employed by the Owner, or by changes ordered in the work, or by strikes, lockouts, 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. gencond.mst/spec master GC -23 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 twenty percent (20 %) more than, or twenty percent (20 %) less than the estimated or contemplated quantity for such items, then either party to this agreement, upon demand, shall be entitled to revised consideration upon the portion of the work above or below twenty percent (20 %) of the estimated quantity. A "Major Item" shall be construed to be any individual bid item incurred in the proposal that has a total cost equal to or greater that five percent (5 %) of the total contract cost, computed on the basis of the proposal quantities and the contract unit prices. Any revised consideration is to be determined by agreement between the parties, otherwise by the terms of this agreement, as provided under "Extra Work ". 5.03 Price of Work In consideration of the furnishing of all the necessary labor, equipment and material, and the completion of all work by the Contractor, and on the completion of all work and on the delivery of all material embraced in this contract in full conformity with the specifications and stipulations herein contained, the Owner agrees to pay the Contractor the prices set forth in the proposal hereto attached, which has been made a part of this contract. The Contractor hereby agrees to receive such prices in full for furnishing all material and all labor required for the aforesaid work, also for all expense incurred by him, and for well and truly performing the same and the whole thereof in the manner and according to this agreement. 5.04 Partial Payments On or before the first day of each month, the Contractor shall submit to the Engineer a gencond.msdspec master GC -24 1 1 1- I.., statement showing the total value of the work performed up to and including the 25th day of the preceding month. The statement shall also include the value of all sound materials delivered on the job site and to be included in the work and all partially completed work whether bid as a lump sum or a unit item which in the opinion of the Engineer is acceptable. The Engineer shall examine and approve or modify and approve such statement. The Owner shall then pay the Contractor on or before the 20th day of the current month the total amount of the approved statement, less five percent (5 %) of the amount thereof, which five percent (5 %) shall be retained until final payment, and further less all previous payments and all further sums that may by retained by the Owner under the terms of this agreement. It is understood, however, that in case the whole work be near to completion and some unexpected and unusual delay occurs due to no fault or neglect on the part of the Contractor, then the Owner may, upon written recommendation of the Engineer, pay a reasonable and equitable portion of the retained percentage to the Contractor; or the Contractor, at the Owner's option, may be relieved of the obligation to fully complete the work and, thereupon, the Contractor shall receive payment of the balance due him under the contract subject only to the conditions stated under "Final Payment ". 5.05 Use of Completed Portions The Owner shall have the right to take possession of and use any completed or partially completed portions of the work, notwithstanding the time for completing the entire work or such portions may not have expired. Such taking possession and use shall not be deemed an acceptance of any work not completed in accordance with the Contract Documents. If such prior use increases the cost or delays the work, the Contractor shall be entitled to such extra compensation, extension of time, or both, as the Engineer may determine. The Contractor shall notify the Engineer when, in the Contractor's opinion, the contract is "substantially completed" and when so notifying the Engineer, the Contractor shall furnish to the Engineer in writing a detailed list of unfinished work. The Engineer will review the Contractor's list of unfinished work and will add thereto such items as the Contractor has failed to include. The "substantial completion" of the structure or facility shall not excuse the Contractor from performing all of the work undertaken, whether of a minor or major nature, and thereby completing the structure or facility in accordance with the Contract Documents. 5.06 Final Completion and Acceptance Within ten (10) days after the Contractor has given the Engineer written notice that the work has been completed, or substantially completed, the Engineer and the Owner shall inspect the work and within said time, if the work is found to be completed in accordance with the Contact Documents, the Engineer shall issue to the Owner and the Contractor his Certificate of Completion, and thereupon it shall be the duty of the Owner to issue a Certificate of Acceptance to the Contractor or to advise the Contractor in writing of the reason for non- acceptance. gencond.mst/spec master GC -25 5.07 Final Payment Upon the issuance of the Certificate of Completion, the Engineer shall proceed to make final measurements and prepare final statement for the value of all work performed and materials furnished under the terms of the agreement and shall certify same to the Owner, who shall pay to the Contractor on or before 35th day after the date of the Certificate of Completion, the balance due the Contractor under the terms of this contract; and said payment shall become due in any event upon said performance by the Contractor. Neither the Certificate of Acceptance nor the final payment, nor any provision in the Contract Documents, shall relieve the Contractor of the obligation for fulfillment of any warranty which may be required. 5.08 Payments Withheld The Owner may, on account of subsequently discovered evidence, withhold or nullify the whole or part of any certificate to such extent as may be necessary to protect himself from loss on account of: a) Defective work not remedied or other obligations hereunder not done. b) Claims filed or reasonable evidence indicating probable filing of claims. c) Failure of the Contractor to make payments properly to Subcontractors or for material or labor. d) Damage to the Owner or another contractor's work, material or equipment. e) Reasonable doubt that the work can be completed for the unpaid balance of the contract amount. f) Reasonable indication that the work will not completed within the contract time. g) 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. 5.09 Delayed Payments Should the Owner fail to make payment to the Contractor of the sum named in any partial or final statement, when payment is due, then the Owner shall pay to the Contractor, in addition to the sum shown as due by such statement, interest thereon at the rate of six percent (6 %) per annum, unless otherwise specified, from date due as provided under "Partial Payments" and "Final Payment," until fully paid, which shall fully liquidate any injury to the Contractor gencond.mst/spec master Other causes affecting the performance of the contract. GC -26 1= F growing out of such delay in payment. It is expressly agreed that delay by the Owner in making payment to the Contractor of the sum named in any partial or final statement shall not constitute a breach of this contract on the part of the Owner nor an abandonment thereof nor shall it to any extent or for any time relieve the Contractor of his obligations to fully and completely perform hereunder. 6. Extra Work and Claims 6.01 Change Orders Without invalidating this agreement, the Owner may at any time or from time to time order additions, deletions or revisions to the work; such changes will be authorized by change order to be prepared by the Engineer for execution by the Owner and the Contractor. The change order shall set forth the basis for any change in contract price, as hereinafter set forth for extra work, and any change in contract time which may result from the change. In the event the Contractor shall refuse to execute a change order which has been prepared by the Engineer and executed by the Owner, the Engineer may in writing instruct the Contractor to proceed with the work as set forth in the change order and the Contractor may make claim against the Owner for extra work involved therein, as hereinafter provided. 6.02 Minor Changes The Engineer may authorize minor changes in the work not inconsistent with the overall intent of the Contract Documents and not involving an increase in contract price. If the Contractor believes that any minor change or alteration authorized by the Engineer involves extra work and entitles him to an increase in the contract price, the Contractor shall make written request to the Engineer for a written field order. In such case, the Contractor by copy of his communication to the Engineer or otherwise in writing shall advise the Owner of his request to the Engineer for a written field order and that work involved may result in an increase in the contract price. Any request by the Contractor for a change in contract price shall be made prior to beginning the work covered by the proposed change. 6.03 Extra Work It is agreed that the basis of compensation to the Contractor for work either added or deleted by a change order or for which a claim for extra work is made shall be determined by the unit prices upon which this contract was bid to the extent such work can be fairly classified within the various work item descriptions and for work items that cannot be so classified by one or gencond.mst/spec master GC -27 more of the following methods: gencond.mst/spec master Method (A) By agreed unit prices; or Method (B) By agreed lump sum; or Method (C) If neither Method (A) nor Method (B) is agreed upon before the extra work is commenced, then the Contractor shall be paid the "actual field cost" of the work, plus fifteen percent (15 %). In the event said extra work is performed and paid for under Method (C), then the provisions of this paragraph shall apply and the "actual field cost" is hereby defined to include the cost to the Contractor of all workmen, such as foremen, timekeepers, mechanics and laborers, and materials, supplies, trucks, rentals on machinery and equipment, for the time actually employed or used on such extra work, plus actual equipment, for the time actually employed or used on such extra work, plus actual transportation charges necessarily incurred, together with all power, fuel, lubricants, water and similar operating expenses, also all necessary incidental expenses incurred directly on account of such extra work, including Social Security, Old Age Benefits and other payroll taxes, and a rateable proportion of premiums on performance and payment bonds and maintenance bonds, public liability and property damage and workers' compensation, and all other insurance as may be required by any law or ordinance, or directed or agreed to by the Owner. The Engineer may direct the form in which accounts of the "actual field cost" shall be kept and the records of these accounts shall be made available to the Engineer. The Engineer or the Owner may also specify in writing, before the work commences, the method of doing the work and the type and kind of machinery and equipment to be used; otherwise these matters shall be determined by the Contractor. Unless otherwise agreed upon, the prices for the use of machinery and equipment shall be determined by using one hundred percent (100 %), unless otherwise specified, of the latest schedule of Equipment Ownership Expense adopted by the Associated General Contractors of America. Where practicable the terms and prices for the use of machinery and equipment shall be incorporated in the written extra work order. The fifteen percent (15 %) of the "actual field cost" to be paid the Contractor shall cover and compensate him for his profit, overhead, general superintendence and field office expense, and all other elements of cost and expense not embraced within the "actual field cost" as herein defined, 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 GC -28 1 1 1 1 1 1 1 1 - construction time, he shall make written request to the Engineer for written order authorizing such extra work. Should a difference of opinion arise as to what does or does not constitute extra work, or as to the payment therefor, and the Engineer insists upon its performance, the Contractor shall proceed with the work after making written request for written order and shall keep an accurate account of the "actual field cost" thereof, as provided under Method (C). The Contractor will thereby preserve the right to submit the matter of payment to mediation or litigation. 6.04 Time of Filing Claims It is further agreed by both parties hereto that all questions of dispute or adjustment presented by the Contractor shall be in writing and filed with the Engineer within thirty (30) days after the Engineer has given any directions, order or instruction to which the Contractor desires to take exception. The Engineer shall reply within thirty (30) days to such written exceptions by the Contractor and render his final decision in writing. In case the Contractor should appeal from the Engineer's decision, any demand for mediation shall be filed with the Engineer and the Owner in writing within ten (10) days after the date of delivery to Contractor of the Engineer's final decision. It is further agreed that final acceptance of the work by the Owner and the acceptance by the Contractor of the final payment shall be a bar to any claims by either party, except claims by Owner for defective work or enforcement of warranties and except as noted otherwise in the Contract Documents. 6.05 Continuing Performance The Contractor shall continue performance of the contract during all disputes or disagreements with the Owner. The production or delivery of goods, the furnishing of services and the construction of projects or facilities shall not be delayed, prejudiced or postponed pending resolution of any disputes or disagreements, except as the Owner may otherwise agree in writing. 7. Abandonment of Contract 7.01 Abandonment by Contractor In case the Contractor should abandon and fail or refuse to resume work within ten (10) days after written notification from the Owner or the Engineer, or if the Contractor fails to comply with the orders of the Engineer when such orders are consistent with the Contract Documents, then and in that case, where performance and payment bonds exist, the sureties on these bonds shall be notified in writing and directed to complete the work, and a copy of said notice shall be delivered to the Contractor. After receiving said notice of abandonment, the Contractor shall not remove from the work any machinery, equipment, tools, materials or supplies then on the job, but the same, together gencond.mst/spec master GC -29 with any materials and equipment under contract for the work, may be held for use on the work by the Owner or the surety on the performance bond, or another contractor in completion of the work; and the Contractor shall not receive any rental or credit therefor (except when used in connection with extra work, where credit shall be allowed as provided for under Section 6 herein), it being understood that the use of such equipment and materials will ultimately reduce the cost to complete the work and be reflected in the final settlement. Where there is no performance bond provided or in case the surety should fail to commence compliance with the notice for completion hereinbefore provided for, within ten (10) days after service of such notice, then the Owner may provide for completion of the work in either of the following elective manners: (1) The Owner may thereupon employ such force of men and use such machinery, equipment, tools, materials and supplies as the Owner may deem necessary to complete the work and charge the expense of such labor, machinery, equipment, tools, materials and supplies to the Contractor, and expense so charged shall be deducted and paid by the Owner out of such monies as may be due, or that may thereafter at any time become due to the Contractor under and by virtue of this agreement. In case such expense is less than the sum which would have been payable under this contract if the same had been completed by the Contractor, then the Contractor shall receive the difference. In case such expense is greater than the sum which would have been payable under this contract if the same had been completed by the Contractor, then the Contractor and/or his surety shall pay the amount of such excess to the Owner, or (2) The Owner, under competitive bids taken after notice published as required by law, may let the contract for the completion of the work under substantially the same terms and conditions which are provided in this contract. In case there is any increase in cost to the Owner under the new contract as compared to what would have been the cost under this contract, such increase shall be charged to the Contractor and the surety shall be and remain bound therefor. However, should the cost to complete any such contract prove to be less than would have been the cost to complete under this contract, the Contractor and/or his surety shall be credited therewith. When the work shall have been substantially completed, the Contractor and his surety shall be so notified and Certificates of Completion and Acceptance, as provided in Paragraph 5.06 hereinabove, shall be issued. A complete itemized statement of the contract accounts, certified by the Engineer as being correct, shall then be prepared and delivered to the Contractor and his surety, whereupon the Contractor and/or his surety, or the Owner as the case maybe, shall pay the balance due as reflected by said statement within fifteen (15) days after the date of such Certificate of Completion. In the event the statement of accounts shows that the cost to complete the work is less than that gencond.mst/spec master GC -30 1 which would have been the cost to the Owner had the work been completed by the Contractor under the terms of this contract, or when the Contractor and/or his surety shall pay the balance shown to be due by them to the Owner, then all machinery, equipment, tools, materials or supplies left on the site of the work shall be turned over to the Contractor and/or his surety. Should the cost to complete the work exceed the contract price, and the Contractor and/or his surety fail to pay the amount due the Owner within the time designated hereinabove, and there remains any machinery, equipment, tools, materials or supplies on the site of the work, notice thereof, together with an itemized list of such equipment and materials, shall be mailed to the Contractor and his surety at the respective addresses designated in this contract; provided, however, that actual written notice given in any manner will satisfy this condition. After mailing, or other giving of such notice, such property shall be held at the risk of the Contractor and his surety subject only to the duty of the Owner to exercise ordinary care to protect such property. After fifteen (15) days from the date of said notice, the Owner may sell such machinery, equipment, tools, materials or supplies and apply the net sum derived from such sale to the credit of the Contractor and his surety. Such sale may be made at either public or private sale, with or without notice, as the Owner may elect. The Owner shall release any machinery, equipment, tools, materials, or supplies, which remain on the work, and belong to persons other than the Contractor or his surety, to their proper owners. The books on all operations provided herein shall be opened to the Contractor and his surety. 7.02 Abandonment by Owner In case the Owner shall fail to comply with the terms of this contract, and should fail to comply with said terms within ten (10) days after written notification by the Contractor, then the Contractor may suspend or wholly abandon the work, and may remove therefrom all machinery, tools and equipment, and all materials on the site of work that have not been included in payments to the Contractor and have not been wrought into the work. Thereupon, the Engineer shall make an estimate of the total amount earned by the Contractor, which estimate shall include the value of all work actually completed by said Contractor (at the prices stated in the attached proposal where unit prices are used), the value of all partially completed work at a fair and equitable price, and the amount of all extra work performed at the prices agreed upon, or provided for by the terms of this contract, and a reasonable sum to cover the cost of any provisions made by the Contractor to carry the whole work to completion and which cannot be utilized. The Engineer shall then make a final statement of the balance due the Contractor by deducting from the above estimate all previous payments by the Owner and all other sums that may be retained by the Owner under the terms of this agreement and shall certify same to the Owner who shall pay to the Contractor on or before thirty (30) days after the date of the notification by the Contractor the balance shown by said final statement as due the Contractor, under the terms of this agreement. 8. Subcontractors 8.01 Award of Subcontracts for Portions of the Work gencond.mst/spec master GC -31 Unless otherwise specified in the Contract Documents or in the Instructions to Bidders, the Contractor, as soon as practicable after the award of the contract, shall furnish to the Engineer in writing for acceptance by the Owner and the Engineer a list of the names of the Subcontractors proposed for the principal portions of the work. The Engineer shall promptly notify the Contractor in writing if either the Owner or the Engineer, after due investigation, has objection to any Subcontractor on such list and does not accept him. Failure of the Owner or the Engineer to make objection promptly to any Subcontractor on the list shall constitute acceptance of such Subcontractor. The Contractor shall not contract with any Subcontractor or any person or organization (including those who are to furnish materials or equipment fabricated to a special design) proposed for portions of the work designated in the Contract Documents or in the Instructions to Bidders or, if none is so designated, with any Subcontractor proposed for the principal portions of the work who has been rejected by the Owner and the Engineer. The Contractor will not be required to contract with any Subcontractor or person or organization against whom he has a reasonable objection. If the Owner or the Engineer refuses to accept any Subcontractor or person or organization on a list submitted by the Contractor in response to the requirements of the Contract Documents or the Instructions to Bidders, the Contractor shall submit an acceptable substitute and the contract amount shall be increased or decreased by the difference in cost occasioned by such substitution and an appropriate change order shall be issued; however, no increase in the contract amount shall be allowed for any such substitution unless the Contractor has acted promptly and responsively in submitting for acceptance any list or lists of names as required by the Contract Documents or the Instructions to Bidders. If the Owner or the Engineer requires a change of any proposed Subcontractor or person or organization previously accepted by them, the contract amount shall be increased or decreased by the difference in cost occasioned by such change and an appropriate change order shall be issued. The Contractor shall not make any substitution for any Subcontractor or person or organization who has been accepted by the Owner and the Engineer, unless the substitution is acceptable to the Owner and the Engineer. 8.02 Subcontractual Relations All work performed for the Contractor by a Subcontractor shall be pursuant to an appropriate written agreement between the Contractor and the Subcontractor (and where appropriate between Subcontractors and Sub - subcontractors) which shall contain provisions that: gencond.mst/spec master (1) preserve and protect the rights of the Owner and the Engineer under the contract with respect to the work to be performed under the subcontract so that GC -32 9. Separate Contracts gencond.mst/spec master 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 monies to such Subcontractor except as may otherwise be required. GC -33 9.01 Owner's Right to Award Separate Contracts The Owner reserves the right to award other contracts in connection with other portions of the project under these or similar conditions of the contract. When separate contracts are awarded for different portions of the project, "the Contractor" in the contract documents in each case shall be the contractor who signs each separate contract. 9.02 Mutual Responsibility of Contractors The Contractor shall afford other contractors reasonable opportunity for the introduction and storage of their materials and equipment and the execution of their work, and shall properly connect and coordinate his work with theirs. If any part of the Contractor's work depends for proper execution or results upon the work of any other separate contractor, the Contractor shall inspect and promptly report to the Engineer any apparent discrepancies or defects in such work that render it unsuitable for such proper execution and results. Failure of the Contractor to so inspect and report shall constitute an acceptance of the other contractor's work as fit and proper to receive his work, except as to defects which may develop in the other separate contractor's work after the execution of the Contractor's work. Should the Contractor cause damage to the work or property of any separate contractor on the project, the Contractor shall, upon due notice, settle with such other contractor by agreement, if he will so settle. If such separate contractor sues the Owner or initiates an proceeding allowed hereunder on account of any damage alleged to have been so sustained, the Owner shall notify the Contractor who shall defend such proceedings at the Contractor's expense, and if any judgment or award against the Owner arises therefrom the Contractor shall pay or satisfy it and shall reimburse the Owner for all attorney's fees and court costs or other costs which the Owner has incurred. 9.03 Cutting and Patching under Separate Contracts The Contractor shall be responsible for any cutting, fitting and patching that may be required to complete his work, except as otherwise specifically provided in the Contract Documents. The Contractor shall not endanger any work of any other contractors by cutting, excavating or otherwise altering any work and shall not cut or alter the work of any other contractor except with the written consent of the Engineer. Any costs caused by defective or ill -timed work shall be borne by the party responsible therefor. gencond.mstlspec master GC -34 1 1 1 I 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) ( (3) all employees on the work and all other persons who may be affected thereby: all the work and all materials and equipment to be incorporated therein, whether in storage or off the site, under the care, custody or control of the Contractor or any of his Subcontractors or Sub - subcontractors; and other property at the site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, fences, roadways, structures and utilities not designated for removal, relocation or replacement in the course of construction. The Contractor shall comply with all applicable laws, ordinances, rules, regulations and lawful orders of any public authority having jurisdiction for the safety of persons or property or to protect them from damage, injury or loss. He shall erect and maintain, as required by existing conditions and progress of the work, all reasonable safeguards for safety and protection, including posting danger signs and other warnings against hazards, promulgating safety regulations and notifying owners and users of adjacent utilities. When the use or storage of explosives or other hazardous materials or equipment is necessary for the execution of the work, the Contractor shall exercise the utmost care and shall carry on such activities under the supervision of properly qualified personnel. All blasting, including methods of storing and handling explosives and highly inflammable materials, shall conform to federal, state, local laws and ordinances. All city ordinances shall be complied with even though some or all of the blasting is done outside the city limits unless the applicable ordinance is in conflict with the law of the jurisdiction where the action is being taken. The following is a list of requirements in addition to federal, state, and local laws and ordinances: 1. The Contractor shall furnish the City of Round Rock with a Certificate of Blasting Insurance in the amount of $300,000.00 for each contract, at least gencond.mst/spec master GC -35 gencond.mst/spec master twenty -four (24) hours prior to using explosives. A blasting permit must be obtained from the city at least five (5) days prior to use of explosives. If blasting is covered under the Contractor's General Insurance Certificate for each contract, a separate blasting certificate will not be required. 2. The following public utility companies and city departments will be notified by the Contractor, on every occasion, at least twenty -four (24) hours prior to the use of explosives: Water and Wastewater, Electric, Gas, Telephone and the City Engineering Department. 3. Explosive materials to be used shall be limited to blasting agents and dynamite, unless prior approval of other materials is obtained in writing from the Engineering Department. 4. During blasting, all reasonable precautions shall be taken to protect pedestrians, passing vehicles, and public or private property. Blasting mats or protective cover shall be used when required by the City Inspector, the permit, or by safe blasting practices. 5. All explosives shall be stored in accordance with Chapter 5, Section 5.200, of the City Code. 6. The Director of Engineering or his representative shall have the right to limit the use of explosives and/or blasting methods which in his opinion are dangerous to the public or nearby property of any kind. 7. The Contractor, at his expense, shall promptly repair or replace all items known to be damaged as a result of blasting. All claims of damage shall be investigated by the City of Round Rock or by consulting firms approved by the city. 8. The Contractor shall maintain accurate records throughout the blasting operations showing the type explosive used, number of holes, pounds per hole, depth of hole, total pounds per shot, delays used, date and time of blast and initials of the inspector. The Contractor is fully responsible for all claims resulting from his blasting operation. All damage or loss to any property referred to in this article caused in whole or in part by the Contractor, any Subcontractor, any Sub - subcontractor, or anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable, shall be remedied by the Contractor, except damage or loss attributable solely to faulty drawings or specifications or solely to the acts or omissions of the Owner or the Engineer or anyone employed by either of them, and not attributable in any degree to the fault or negligence of the Contractor. The Contractor shall designate a responsible member of his organization at the site whose duty GC -36 shall be the prevention of accidents. This person shall be the Contractor's superintendent unless otherwise designated in writing by the Contractor to the Owner and the Engineer. 10.03 Location and Protection of Utilities Notwithstanding any other provision of this contract, the Contractor shall be solely responsible for the location and protection of any and all public utility lines and utility customer service lines in the work area. The Contractor shall exercise due care to locate and to mark, uncover or otherwise protect all such lines in the construction zone and any of the Contractor's work or storage areas. Upon request, the Owner shall provide such information as it has about the location and grade of water, sewer, gas, and telephone and electric lines and other utilities in the work area but such information shall not relieve or be deemed to be in satisfaction of the Contractor's obligation hereunder, which shall be primary and nondelegable. Any such lines damaged by the Contractor's operations shall be immediately repaired by the Contractor or he shall cause such damage to be repaired at his expense. 11. Termination 11.01- Termination by Owner for Cause Conditions for termination are as follows: 12. Without prejudice to any other legal or equitable right or remedy which it would otherwise possess hereunder or as a matter of law, City shall be entitled by giving Contractor five (5) days prior written notice to terminate this contract in its entirety at any time: 1. If the Contractor becomes insolvent, voluntarily files for bankruptcy, is the subject of an involuntary petition for bankruptcy commenced by its creditors, makes a general assignment for the benefit of creditors or becomes the subject of any other proceeding commenced under any statute or law for the relief of debtors; or 2. If a receiver trustee or liquidator of any of the property or income of Contractor shall be appointed; or 3. If Contractor: 1. Shall fail to prosecute the work or any part thereof with diligence necessary to insure its progress and completion as prescribed by the time schedules; and Shall fail to take such steps to remedy such default within ten (10) days after written notice thereof from City; or 4. If Contractor: 1. Shall fail for any reason other than the failure by City to make payments called upon when due, and gencond.mstlspec master GC -37 I r i 2. Shall fail to take such steps to remedy such default within ten (10) days after written notice thereof from City; or 5. If Contractor: 1. Shall commit a substantial default under any of the terms, provisions, conditions, or covenants contained herein; or 2. Shall fail to take such steps to remedy such default within ten (10) days after written notice thereof from City; or 3. In the event of such termination, Contractor shall only be paid its reimbursable costs incurred prior to the effective date of the termination notice and shall not be entitled to receive any further fixed fee payments hereunder and shall be further subject to any claim City may have against Contractor under other provisions of this agreement or as a matter of law, including the refund of any overpayment of reimbursable costs and /or fixed fee 13. If this Contract is terminated for cause, the City shall have the right but shall not be obligated to complete the work itself or by others; and to this end, City shall be entitled to take possession of and use such equipment and materials as may be on the job site, and to exercise all rights, options, and privileges of Contractor under its subcontracts, purchase orders, or otherwise; and Contractor shall promptly assign such rights, options and privileges to City. If City elects to complete the work itself or by others, pursuant to the foregoing, the City will reimburse City for all costs incurred by City (including, without limitation, applicable, general, and administrative expenses, and field overhead, and the cost of necessary equipment, materials, and field labor) in correcting work by Contractor which fails to meet contract requirements. Nothing contained in the preceeding sections shall require City to pay for any work which is unsatisfactory as determined by the Director or which is not submitted in compliance with the terms of this Contract. City shall not be required to make any payments to Contractor when Contractor is in default under this Contract, nor shall this Article constitute a waiver of any right, at law and at equity, which City may have if Contractor is in default, including the right to bring legal action for damages or to force specific performance of this Contract. 11.02 - Termination for Convenience gencond.mst/spec master GC - In connection with the work outlined in the Contract, it is agreed and fully understood by Contractor, that City may cancel or indefinitely suspend further work hereunder or terminate this Contract either for cause as outlined above, or for the convenience of City, upon fifteen (15) days written notice to Contractor, with the understanding that immediately upon receipt of said notice all.work and labor being performed under this Contract shall cease. Contractor shall invoice City for all work satisfactorily completed and shall be compensated in accordance with the terms of this Contract for work accomplished prior to the receipt of said notice. No amount shall be due for lost or anticipated profits. After receipt of a notice of termination and acceptance otherwise directed by City, Contractor shall, in good faith, and to the best of his ability, do all things necessary, in the light of such notice and of such request and implementation thereof as City may make to assure the efficient proper closeout of the terminated work (including the protection of City property). Among other things, the Contractor shall, except as otherwise directed or approved by City: 1. Stop the work on the date and to the extent specified in the notice of termination. 2. Place no further orders for subcontracts for services, equipment or materials, except as may be necessary for completion of such portion of the work as is not terminated. 3. Terminate all orders and subcontracts to the extent that they relate to the performance of the work terminated by the notice of termination. 4. Assign to City, in the manner and to the extent directed by it, al right title, and interest of Contractor under the orders or subcontracts so terminated; in which case, City shall have the right to settle or pay any or all claims arising out, of such termination of such orders and /or subcontracts. 5. With the approval of City, settle all outstanding liabilities and all claims arising out of such termination or orders and subcontracts. 6. Deliver to City, all documents, property, plans, field surveys, maps, cross sections and other data, designs and work related to the Project shall become the property of the City upon termination of this Contract, in a reasonably organized form, without restriction on future use. Should City subsequently contract with a new contractor for continuation of services under this Project, Contractor shall cooperate in providing information. 7. In the event of such termination, no cost incurred after the effective date of the notice of termination shall be treated as reimbursable costs unless it relates to gcncond.mst/spec master GC - 1L carrying out the unterminated portion or taking closeout measures. gencond.mst/spec master GC-40 I I I I 7.0 SPECIAL CONDITIONS SECTION 01- INFORMATION 01 -01 ENGINEER 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. 01 -02 COPIES OF PLANS AND SPECIFICATIONS FURNISHED 01 -05 LOCATION specond.mstlspecs 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. The location of work shall be as mentioned in the Notice to Bidders and as indicated on Plans. SC -1 1 1 1 1 1 01 -06 USAGE OF WATER specond.mstlspecs All water used during construction shall be provided by the City. The City shall specify the location from which the Contractor is to procure water. The Contractor shall be responsible for providing all apparatus necessary for procuring, storing, transporting and using water during construction. The Contractor shall strive to use that amount of water which is reasonable to perform the work associated with this contract and shall endeavor to avoid excessive waste. The Contractor will be required to pay for all water used if it is found that unnecessary or excessive waste is occurring during construction. 01 -07 PAY ESTIMATES 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 02 -01 CROSSING UTILITIES Prior to commencing the work associated with this contract, it shall be the Contractor's responsibility to make arrangements with the Owners of such utility companies to uncover their particular utility lines or otherwise confirm their location. Certain utility companies perform such services at their own expense, however, where such is not the case, the Contractor will cause such work to be done at his own expense. 02 -02 UTILITY SERVICES FOR CONSTRUCTION The Contractor will be responsible for providing his own utility services while performing the work associated with this contract. No additional payment will be made for this item. 02 -03 GUARANTEES SC -2 I I 1 1 1 I I I 1 I The Contractor warrants the materials and workmanship and that the work is in conformance with the plans and specifications included in this contract for the period that the Warranty Bond, as outlined in Section 04 of the Special Conditions, is in effect. Upon notice from Owner, the Contractor shall repair defects in all construction or materials which develop during specified period and at no cost to Owner. Neither final acceptance, Certificate of Completion, final payment nor any provision in Contract Documents relieves Contractor of above guarantee. Notice of observed defects will be given with reasonable promptness. Failure to repair or replace defect upon notice entitles Owner to repair or replace same and recover reasonable cost thereof from Contractor. 02 -04 MINIMUM WAGE SCALE Contractors are required to pay prevailing wage rates to laborers, workmen and mechanics employed on behalf of the City engaged in the construction of public works. The wage rate for these jobs shall be the general prevailing wage rates for work of a similar character. This applies to Contractors and Subcontractors. The Contractors and Subcontractors shall keep and make available records of workers and their wages. Contractors and Subcontractors shall pay the prevailing wage rates as adopted by the Owner. There is a statutory penalty of $60.00 per worker per day or portion of a day that the prevailing wage rate is not paid by the Contractor or any Subcontractor. 02 - 05 LIMIT OF FINANCIAL RESOURCES The Owner has a limited amount of financial resources committed to this Project; therefore, it shall be understood by all bidders that the Owner may be required to change and/or delete any items which he may feel is necessary to accomplish all or part of the scope of work within its limit of financial resources. Contractor shall be entitled to no claim for damages or anticipated profits on any portion of work that may be omitted. At any time during the duration of this contract, the Owner reserves the right to omit any work from this contract. Unit prices for all items previously approved in this contract shall be used to delete or add work per change order. 02 - 06 CONSTRUCTION REVIEW The Owner shall provide a project representative to review the quality of specond msUspecs SC -3 specond.msUspecs materials and workmanship. 02 -07 LIMITS OF WORK AND PAYMENT It shall be the obligation of the Contractor to complete all work included in this Contract, so authorized by the Owner, as described in the contract documents and technical specifications. All items of work not specifically paid for in the bid proposal shall be included in the unit price bids. Any question arising as to the limits of work shall be left up to the interpretation of the Engineer. 02 - 08 PAYMENT FOR MATERIALS ON HAND 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. 02 -09 "AS- BUILT" DRAWINGS The Contractor shall mark all changes and revisions on all of his copies of the working drawings during the course of the Project as they occur. Upon completion of the Project and prior to final acceptance and payment, the Contractor shall submit to the Engineer one set of his working drawings, dated and signed by himself and his project superintendent and labeled as "As- Built ", that shows all changes and revisions outlined above and that shows field locations of all above ground appurtenances including but not limited to valves, fire hydrants and manholes. These as -built drawings shall become the property of the Owner. Each appurtenance shall be located by at least two (2) horizontal distances measured from existing, easily identifiable, immovable appurtenances such as fire hydrants or valves. Property pins can be used for as- builts tie -ins provided no existing utilities as previously described are available. Costs for delivering as -built drawings shall be subsidiary to other bid items. 02 - 10 LAND FOR WORK 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 SC -4 specond ma /specs materials. 02 -11 DEVIATIONS OCCASIONED BY UTILITY STRUCTURES Whenever existing utilities, not indicated on Plans, present obstructions to grade and alignment of proposed improvements immediately notify engineer, who without delay, will determine if existing utilities are to be relocated, or grade and alignment of proposed improvements changed. Where necessary to move existing services, poles, guy wires, pipelines, etc., as determined by the Engineer, the Contractor will make arrangements with the owner of the utility to be moved and have it moved. The costs of any utility relocations will be at the Contractor's sole expense. Owner will not be liable for relocations costs or damages on account of delays due to changes made by owners of privately owned utilities which hinder progress of the work. 02 -12 CONSTRUCTION STAKING All construction staking required to complete the work associated with this contract shall be provided by the Contractor. The Contractor shall be responsible for determining the layout and extent of staking necessary to construct the improvements to the lines and grades shown in the Plans. This item shall not be paid for separately and shall be considered subsidiary to other bid items. SECTION 03- TRAFFIC CONTROL Access shall be provided for residents and emergency vehicles at all times. When it becomes necessary to restrict access, the Contractor shall notify all applicable agencies (ie. Fire Department, E.M.S., Public Works, etc.). At the end of each day two lanes of traffic shall be opened to the public. The Contractor shall be responsible for all maintenance, signing and safety 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. SECTION 04- WARRANTY BOND 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 SC -5 I. 1 1 I 1. specond.mst/specs subgrade is above 20. Warranty Bond shall remain in effect for two (2) years from date of City of Round Rock acceptance of improvements. Such bonds shall be from an approved surety company holding a permit from the State of Texas to act as surety or other surety or sureties acceptable to the Owner prior to final payment. SC -6 1 1 1 1 I I • I SECTION 05- INSURANCE specond.mst/specs Section 3.18 of the General Conditions of the Agreement is hereby amended to include the following: 3.18 Insurance Contractor shall carry insurance in the following types and amounts for the duration of this Contract, which shall include items owned by Owner in care, custody and control of Contractor prior and during construction and warranty period, and furnish Certificates of Insurance along with copies of policy declaration pages and all policy endorsements as evidence thereof: a. Statutory Worker's Compensation and minimum $100,000 Employers Liability Insurance. b. Commercial General Liability Insurance with minimum limits of $500,000 per occurrence and $1,000,000 Aggregate or $500,000 for this designated project and $100,000 Fire Damage. c. Automobile Liability Insurance for all owned, nonowned and hired vehicles with minimum limits for Bodily Injury of $250,000 for each person and $500,000 for each occurrence and Property Damage limits of $100,000 or Combined Single Limit of $600,000. d. On all new or remodeling building projects: All Risk Builders Risk Insurance for insurable building projects shall be insured in the amount of the contract price for such improvements. Owner and Contractor waive all rights against each other for damages caused by fire or other perils to the extent covered by Builders Risk Insurance required under this section, except as to such rights as they may have in the proceeds of such insurance. Contractor shall require similar waivers by Subcontractors and Sub - subcontractors. e. Owner and Contractor's Protective Policy. The Contractor shall provide and maintain during the life of this contract and until all work under said contract has been completed and accepted by the Owner, an Owner's and Contractor's Protective Policy which co-insures the Owner and the Owner's agents and employees with the same Commercial General Liability coverage as described above, entitled "Commercial SC -7 specond.mst/spea 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 theirrespective 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. 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 SC -8 specond.msUspecs 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 -9 1 CONCRETE FINISHER- STRUCTURES 7.903 CONCRETE RUBBER 6.740 ' ELECTRICIAN 13.710 FLAGGER 5.150 ' FORM BUILDER - STRUCTURES 8.017 FORM LINER -PAVING & CURB 7.250 FORM SETTER -PAVING & CURB 7.683 ' - FORM SE! PER- 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' /2 C.Y. 8.427 ' CRANE, CLAMSHELL, BACKHOE, DERRICK, DRAGLINE, SHOVEL 1 1/2 C.Y. &:OVER 9.880 I FOUNDATION DRILL OPERATOR. CRAWLER MOUNTED 10.475 FOUNDATION DRILL OPERATOR 10.923 I TRUCK MOUNTED FRONT END LOADER 2'/2 C.Y. & LESS 7.499 FRONT END LOADER OVER 2'h C.Y. 8.255 1 4, HOIST - DOUBLE DRUM 10.750 MOTOR GRADER OPERATOR 9.657 .; PAVEMENT MARKING MACHINE 6.078 PLANER OPERATOR 7.250 specood.mst/specs SC -11 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 ' WILLIAMSON COUNTIES. Modification Number Publication Date ' 0 03/15/1996 COUNTY(ies): ' BELL CORYELL TRAVIS BEXAR GUADALUPE WILLIAMSON BRAZOS HAYS ' COMAL MCLENNAN I SUTX2042A 11/16/1991 Rates Fringes AIR TOOL OPERATOR 6.500 I ASPHALT HEATER OPERATOR 6.500 ASPHALT RAKER 7.011 ASPHALT SHOVELER 6.550 BATCHING PLANT WEIGHER 8.173 BATTERBOUARD SE'1'1'hR 7.700 CARPENTER 9.054 CONCRETE FINISHER -PAVING 8.600 1 spccond.ms&specs SC -10 i-N ROLLER, STEEL WHEEL PLANT -MIX PAVEMENTS 7.083 ROLLER, STEEL WHEEL OTHER FLATWHEEL OR TAMPING 6.403 ROLLER, PNEUMATIC, SELF PROPELLED 6.433 SCRAPER -17 C.Y. & LESS 7.245 SCRAPER -OVER 17 C.Y. 7.495 SELF PROPELLED HAMMER OPERATOR 6.078 SIDE BOOM 9.000 TRACTOR - CRAWLER TYPE 7.539 TRACTOR - PNEUMATIC 6.707 TRENCHING MACHINE 6.850 WAGON- DRILLBORING MACHINE/POST HOLE DRILLER OPERATOR 6.926 REINFORCING STEEL SE1TER 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. spocond mst/specs END OF GENERAL DECISION SC -12 CLASSIFICATION Rate Health Pension Vacation Total Wage ASBESTOS WORKER $8.78 $0.00 $0.00 $0.00 $8.78 CARPENTER $15.52 $1.57 $0.97 $0.00 $18.06 CARPET LAYER/FLOORING INSTALLER $8.00 $0.00 $0.00 $0.00 $8.00 CONCRETE FINISHER $10.27 $0.00 $0.00 $0.00 $10.27 DATA COMMUNICATION/TELECOM INSTALLER $12.08 $0.76 $0.50 $0.05 $13.39 DRYWALL INSTALLER/CEILING INSTALLER $10.91 $0.00 $0.00 $0.00 $10.91 ELECTRICIAN $17.44 $2.16 $1.05 $1.05 $21.70 ELEVATOR MECHANIC $16.75 $3.85 $2.19 $1.50 $24.29 FIRE PROOFING INSTALLER $8.00 $0.00 $0.00 $0.00 $8.00 GLAZIER $13.60 $2.24 $1.15 $0.54 $17.53 HEAVY EQUIPMENT OPERATOR $10.56 $0.00 $0.00 $0.00 $10.56 INSULATOR $13.75 $1.16 $0.92 $0.03 $15.86 IRON WORKER $12.18 $0.00 $0.00 $0.00 $12.18 LABORER/HELPER $7.48 $0.02 $0.00 $0.00 $7.50 LATHER/PLASTERER $12.50 $0.00 $0.00 $0.00 $1230 LIGHT EQUIPMENT OPERATOR $7.75 $0.00 $0.00 $0.00 $7.75 MASON $16.00 $0.00 $0.00 $0.00 $16.00 METAL BUILDING ASSEMBLER $11.00 $0.62 $0.00 $0.34 $11.96 MILLWRIGHT $15.91 $1.63 $1.00 $0.00 $18.54 PAINTER/WALL COVERING INSTALLER $8.00 $0.00 $0.00 $0.00 $8.00 PIPEFITTER $18.10 $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 1.11IER $18.25 $3.40 $2.20 $0.00 $23.85 TERRAZZO WORKER $0.00* $0.00 $0.00 $0.00 $0.00* TILE SETTER $15.00 $0.32 $0.00 $0.00 $15.32 WATERPROOFER/CAULKER $10.64 $0.00 $0.00 $0.00 $10.64 COUNTY NAME: WILLIAMSON 1 1 1 1 1 1 t PREVAILING WAGE RATE DETERMINATION BUILDING CONSTRUCTION TRADES s *$0.00 in the rate field indicated insufficient data was rece'ved to determine a prevailing wage rate for this _ classification. Government Code Title 10, Sec. 2258.023, paragraph C state: "A contractor or subcontractor does I 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) Ill specoed.msuspecs SC -13 Date Printed: April 15, 1997 I I I I I I I I I I I I I I 1 � 8.0 TECHNICAL SPECIFICATIONS 1' 1.02 GOVERNING TECHNICAL SPECIFICATIONS I - NOTE: The item number designation shown in parentheses adjacent to captions herein is a reference to City of Austin Standard Specifications. ITEM 1 GENERAL DESCRIPTION 1.01 SCOPE OF WORK tcchspec.mst/spec master The work covered by these Specifications consists of furnishing all labor, equipment, appliances, materials and performing all operations in connection with the inspection and testing, complete in accordance with the Plans, and subject to the terms and conditions of the Contract Documents. STREET, WATER, SEWER AND DRAINAGE IMPROVEMENTS The current City of Austin Standard Specifications as adopted and amended by the City of Round Rock and the current City of Austin Erosion and Sedimentation Control Manual are hereby referred to and included in this contract as fully and to the same extent as if copied at length herein and they shall be applied to this project except as modified in these Specifications and on the Plans. Wherever the term "City of Austin" is used in the Austin Specifications, it shall be construed to mean the City of Round Rock. Wherever the term "Engineer" is used in the Austin Specifications, it shall be construed to mean the City of Round Rock. TS -1 ITEM 2 CONTROL OF WORK 2.01 CLEAN -UP 2.01.1 CONSTRUCTION SITE 2.01.2 BACKWORK 2.02 GRADING tmhspec.mst/spec.master During construction the Contractor shall keep the site free and clean from all rubbish and debris and shall clean-up the site promptly when notified to do so by the Engineer. The Contractor shall, at his own expense, maintain the streets and roads free from dust, mud, excess earth or debris which constitutes a nuisance or danger to the public using the thoroughfare, or the occupants of adjacent properties. Care shall be taken to prevent spillage on streets and roads over which hauling is done, and any such spillage or debris deposited on streets, due to the Contractor's operations, shall be immediately removed. The Contractor shall coordinate his operations in such a manner as to prevent the amount of clean-up and completion of back works from becoming excessive. Should such a condition exist, the Engineer may order all or portions of the work to cease and refuse to allow any work to commence until the back work is done to the Engineer's satisfaction. The Contractor shall do such grading in and adjacent to the construction area associated with this contract as may be necessary to leave such areas in a neat and satisfactory condition approved by the Engineer. TS -2 ITEM 3 EXAMINATION AND REVIEW 3.01 EXAMINATION OF WORK The work covered under this Contract shall be examined and reviewed by the Engineer, representatives of all governmental entities which have jurisdiction, and the Owner's authorized representative. The quality of material and the quality of installation of the improvements shall be to the satisfaction of the Engineer. It shall be the Contractor's responsibility for the construction methods and safety precautions in the undertaking of this Contract. 3.02 NOTIFICATION The Engineer and Owner must be notified a minimum of 24 -hours in advance of beginning construction, testing, or requiring presence of the Engineer, project representative, or Owner's representative. 3.03 CONSTRUCTION STAKING The Engineer shall furnish the Contractor reference points and benchmarks that, in the Engineer's opinion, provide sufficient information for the Contractor to perform construction staking. 3.04 PROTECTION OF STAKES, MARKS, ETC. teehspec.msuspec.master All engineering and surveyor's stakes, marks, property corners, etc., shall be carefully preserved by the Contractor, and in case of destruction or removal during the course of this project, such stakes, marks, property corners, etc., shall be replaced by the Contractor at the Contractor's sole expense. TS -3 1 I 1 1 t 1 1 1 1 I 1 i i ITEM 4 PROTECTION AND PRECAUTION 4.01 WORK IN FREEZING WEATHER Portions of the work may continue as directed by the Engineer. 4.02 PROTECTION OF TREES, PLANTS AND SHRUBS techspec msUspec mister The Contractor shall take necessary precautions to preserve all existing trees, plants and shrubs but where it is justifiable and necessary the Contractor may remove trees and plants for construction right -of -way but only with approval of the Engineer. 4.03 TRAFFIC CONTROL MEASURES AND BARRICADES Traffic control measures and barricades shall be installed in accordance with the Texas Manual of Uniform Traffic Control Devices and in other locations deemed necessary by the Engineer, for the protection life and property. Under no circumstances will any existing road be permitted to remain closed over a weekend. No separate pay will be made for this item. Costs for this item shall be subsidiary to other items of work. 4.04 PROPERTY LINES AND MONUMENTS The Contractor shall be responsible for the protection, reference and resetting of property corner monuments if disturbed. 4.05 DISPOSAL OF SURPLUS MATERIAL The Contractor shall at his own expense, make arrangement for the disposal of surplus material, such as rock, trees, brush and other unwanted backfill materials. 4.06 CONTRACTOR'S USE OF PREMISES The Contractor shall, at his own expense, provide additional space as necessary for his operations and storage of materials. ITEM 5 MATERIALS TS -4 5.01 TRADE NAMES 5.02 MATERIALS AND WORKMANSHIP techspec.mst/spec master Except as specified otherwise, wherever in the specifications an article or class of material is designated by a trade name or by the name or catalog number of any maker, patentee, manufacturer, or dealer, such designations shall be taken as intending to mean and specify the articles described or another equal thereto in quality, finish, and serviceability for the purpose intended, as may be determined and judged by the Engineer in his sole discretion. No material which has been used by the Contractor for any temporary purpose whatever is to be incorporated in the permanent structure without the written consent of the Engineer. Where materials or equipment are specified by a trade or brand name, it is not the intention of the owner to discriminate against an equal product of another manufacturer, but rather to set a definite standard of quality for performance, and to establish an equal basis for the evaluation of bids. Where the words "equivalent ", "proper" or "equal to" are used, they shall be understood to mean that the item referred to shall be "proper ", the "equivalent" of, or "equal to" some other item, in the opinion or judgement of the Engineer. Unless otherwise specified, all materials shall be the best of their respective kinds and shall be in all cases fully equal to approved samples. Notwithstanding that the words "or equal to" or other such expressions may be used in the specifications in connection with a material, manufactured article or process, the material, article or process specifically designated shall be used, unless a substitute is approved in writing by the Engineer, and the Engineer will have the right to require the use of such specifically designated material, article or process. TS -5 1 1 1 1 1 I z� TECHNICAL SPECIFICATIONS City of Austin Standard Specifications adopted by the City of Round Rock Item No. Description 101S Preparing Right of Way 102S Clearing and Grubbing 104S Removing Concrete 1105 Street Excavation 111S Excavation 132S Embankment 201S Subgrade Preparation 210S Flexible B ase 220S Sprinkling for Dust Control 230S Rolling (Flat Wheel) 232S Rolling (Pneumatic Tire) 234S Rolling (Tamping) 236S Proof Rolling 301 Asphalts, Oils and Emulsions 307S Tack Coat 315S Milling Asphaltic Concrete Pavement 340 Hot Mix Asphaltic Concrete Pavement 401 Structural Excavation and Backfill 403 Concrete for Structures 406 Reinforcing Steel 408 Concrete Joint Materials 409 Membrane Curing 410 Concrete Structures 411 Surface Finishes for Concrete 416 Waterstops 420 Drilled Shaft Foundations 425 Prestressed Concrete Structures 430S Portland Cement Concrete Curb and Gutter 431S Machine Laid PCC Curb and Gutter 432S Concrete Sidewalks 433S P. C. Concrete Driveways 503S Frames, Grates, Rings and Covers 504S Adjusting Structures techspec.mstispec.masier TS -6 1 1 1 1 Item No. Description 506S Manholes 508S Miscellaneous Structures and Appurtenances 509S Trench Safety Systems 510 Pipe 601S Salvaging and Placing Topsoil 604S Seeding for Erosion Control 606S Fertilizer 608S Planting 610S Preservation of Trees and Other Vegetation 639S Rock Berm (RB) 6415 Stabilized Construction Entrance (SCE) 642S Silt Fence (SF) 704 Metal Beam Guard Railing 704 -T Metal Beam Guard Railing, Terminal Anchor Sections 706S Bridge and Culvert Railing 720 Metal for Structures 721 Steel Structures 723 Structural Welding 801S Construction Detours 802S Project Signs 8035 Barricades, Signs and Traffic Handling 824S Traffic Signs 825S Street Name Signs 860S Pavement Marking Paint (Reflectorized) 862S Temporary Removable Pavement Markings 870S Work Zone Pavement Markings 873S Raised Pavement Markings 875S Pavement Surface Preparation for Markings lechspec.msl/spec.masler TS -7 9.0 PLANS, DETAILS & NOTES PLANS The construction drawings covered by this Contract are under separate cover, but are considered as attached, and from a part of this Contract. techspec mst/spec.master PDN -2 1 1 1 1 1 1 1 1 1 I 1 1 1 '_ GENERAL NOTES CONSTRUCTION NOTES: 1. THE STANDARD SPECIFICATIONS FOR THE CONSTRUCTION OF HIGHWAYS, STREETS AND BRIDGES OF THE CITY OF AUSTIN, TEXAS, AS ADOPTED BY THE CITY OF ROUND ROCK SHALL GOVERN MATERIALS AND METHODS USED TO DO THIS WORK. 2. PRIOR TO BEGINNING CONSTRUCTION, THE CONTRACTOR SHALL CONVENE A PRE- CONSTRUCTION CONFERENCE BETWEEN THE CITY OF ROUND ROCK, HIMSELF, THE ENGINEER, OTHER UTILITY COMPANIES, ANY AFFECTED PARTIES AND ANY OTHER ENTITY THE CITY OR ENGINEER MAY REQUIRE. ALL PARTIES SHALL BE NOTIFIED AT LEAST 48 HOURS PRIOR TO THE TIME OF THE CONFERENCE. 3. THE CONTRACTOR SHALL GIVE THE CITY OF ROUND ROCK A MINIMUM OF 48 HOURS NOTICE BEFORE BEGINNING EACH PHASE OF CONSTRUCTION. TELEPHONE 218 -5555 (PUBLIC WORKS DEPARTMENT). 4. THE CONTRACTOR SHALL VERIFY EXACT DEPTHS AND LOCATION OF ALL EXISTING UTILITIES PRIOR TO BEGINNING CONSTRUCTION. THE CONTRACTOR AT HIS OWN COST WILL REPAIR ANY EXISTING PAVEMENT, CURBS, FENCES AND /OR SIDEWALKS DAMAGED OR REMOVED. UTILITIES SHALL BE CONTACTED A MINIMUM OF 48 HOURS PRIOR TO CONSTRUCTION. LONE STAR GAS 1- 800 -344 -8377. SOUTHWESTERN BELL 1- 800 - 669 -8344. TU ELECTRIC 1 -800- 242 -9113. 5. THE SUB GRADE MATERIAL FOR STREETS SHOWN HEREIN WAS TESTED BY (UNKNOWN) AND THE PAVEMENT DESIGN IS IN ACCORDANCE WITH THE CURRENT CITY OF ROUND ROCK DESIGN CRITERIA. THE PAVING SECTIONS ARE TO BE CONSTRUCTED AS FOLLOWS: STREET FLEX BASE NAME THICKNESS DELL WAY 19" DELL CENTER BLVD 19" techspec mst/spec.master PDN -3 HMAC THICKNESS 3.5" 3.5" GATTIS SCHOOL ROAD 19" 3.5" FAIRLANE 19" 3.5" 6. PRIOR TO ANY CONSTRUCTION, THE CONTRACTOR SHALL APPLY FOR AND SECURE ALL PROPER PERMITS FROM THE APPROPRIATE AUTHORTTIES. 7. IF THE CONTRACTOR PLANS BLASTING, A BLASTING PERMIT MUST BE SECURED FROM THE CITY OF ROUND ROCK PRIOR TO COMMENCEMENT OF ANY CONSTRUCTION. BLASTING WILL NOT BE PERMITTED WITHIN 15 FEET OF ANY EXISTING UTILITY LINES OR STRUCTURES WITHOUT PRIOR WRITTEN CONSENT OF THE ENGINEER. 8. DUST CONTROL MEASURES PROVIDED BY THE CONTRACTOR AT THE DISCRETION OF THE CITY INSPECTOR. 9. BASE DENSITY AND THICKNESS TESTS ARE REQUIRED PRIOR TO APPLICATION OF PRIME COAT. 10. AN INDEPENDENT LABORATORY AT THE OWNER'S EXPENSE SHALL MAKE ALL TESTING. THE CONTRACTOR SHALL PAY FOR ANY RETESTING. A CITY INSPECTOR SHALL BE PRESENT DURING ALL TESTS, AND THE CITY INSPECTORS SHALL BE GIVEN A MINIMUM OF 24 HOURS NOTICE PRIOR TO ANY TESTING. TELEPHONE 218 -5555 (INSPECTIONS). PAVEMENT SURFACE SHALL BE TYPE "C" HOT -MIX, HOT -LAY ASPHALTIC CONCRETE WITH A MINIMUM ASPHALT CONTENT OF 5 %. 11. EXISTING ASPHALT OR CONCRETE STRUCTURES, DRIVEWAYS, AND PAVEMENT SECTIONS TO BE TIED INTO SHALL BE SAW CUT TO SMOOTH, NEAT LINES. 12. BACKFILL BEHIND CURBS SHALL BE COMPACTED AS DIRECTED BY THE ENGINEER, MATERIAL USED FOR CURB BACKFILL SHALL BE PRIMARILY GRANULAR (CLAY MATERIAL WITH P.I. GREATER THAN 35 ARE PROHIBITED) AND FREE FROM STONES LARGER THAN 11" IN THEIR GREATEST DIMENSION. A 3" LAYER OF SANDY LOAM TOPSOIL SHALL BE PLACED ON THE BACKFILL UP TO FINISH GRADE. NO PAYMENT WILL BE MADE FOR THIS WORK, BUT SHALL BE CONSIDERED SUBSIDIARY TO THE VARIOUS BID ITEMS. tcchspec,mst/spec master PDN -4 I 13. ALL EXISTING MANHOLE FRAME, COVERS AND WATER VALVES WITHIN THE STREET SHALL BE RAISED TO FINISH PAVEMENT GRADE PRIOR TO FINAL PAVING CONSTRUCTION. PAYMENT FOR THIS WORK SHALL BE CONSIDERED SUBSIDIARY TO THE VARIOUS BID ITEMS. 14. AT INTERSECTIONS WHICH HAVE VALLEY DRAINAGE, THE CROWN OF THE INTERSECTING STREET OR DRIVEWAY WILL BE CULMINATED IN A DISTANCE OF 25 FEET FROM THE INTERSECTING CURB LINE UNLESS OTHERWISE NOTED. 15. ALL R.C.P. USED FOR DRAINAGE PURPOSES SHALL BE ASTM -C76, CLASS HI, WALL B, (UNLESS OTHERWISE NOTED ON THE PLANS). ALL JOINTS SHALL BE SEALED WITH "RAM- NECK" JOINT FILLER, OR APPROVED EQUAL, UNLESS STATED OTHERWISE ON THE DRAWINGS. 16. IN ACCORDANCE WITH THE LAWS OF THE STATE OF TEXAS AND THE U.S. OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION REGULATIONS. ALL TRENCHES OVER 5 FEET IN DEPTH IN EITHER, HARD AND COMPACT, OR SOFT AND UNSUITABLE SOIL SHALL BE SLOPED, SHORED, SHEETED, BRACED OR OTHERWISE SUPPORTED. FURTHERMORE, ALL TRENCHES LESS THAN 5 FEET IN DEPTH SHALL ALSO BE EFFECTIVELY PROTECTED WHEN HAZARDOUS GROUND MOVEMENT MAY BE EXPECTED. TRENCH SAFETY SYSTEMS TO BE UTILIZED FOR THIS PROJECT AS DESCRIBED IN SECTION 9.0 OF THE SPECIFICATIONS. 17. IN ACCORDANCE WITH THE U.S. OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION REGULATIONS, WHEN EMPLOYEES ARE REQUIRED TO BE IN TRENCHES 4 -FEET DEEP OR MORE, ADEQUATE MEANS OF EXIT, SUCH AS A LADDER OR STEPS, MUST BE PROVIDED AND LOCATED SO AS TO REQUIRE NO MORE THAN 25 FEET OF LATERAL TRAVEL. 18. TEMPORARY EROSION AND SEDIMENTATION CONTROLS ARE REQUIRED DURING CONSTRUCTION. THE CONTROLS MUST REMAIN IN PLACE UNTIL DISTURBED AREAS ARE REVEGETATED AND THE AREAS HAVE BECOME PERMANENTLY STABILIZED. THE TEMPORARY EROSION AND SEDIMENTATION CONTROLS MUST BE INSPECTED PERIODICALLY FOR DAMAGE CAUSED BY CONSTRUCTION ACTIVITIES AND FOLLOWING EVERY RAINFALL. DAMAGED OR OBSTRUCTED CONTROLS MUST BE REPAIRED OR REPLACED AS NECESSARY TO MAINTAIN PROPER OPERATION. techspec.mst/spec master PDN -5 1 t 1 1 19. IF ANY SENSITIVE FEATURE IS DISCOVERED DURING CONSTRUCTION, REGULATED ACTIVITIES NEAR THE SENSITIVE FEATURE MUST BE SUSPENDED IMMEDIATELY. THE OWNER MUST IMMEDIATELY NOTIFY THE APPROPRIATE REGIONAL OFFICE OF THE TNRCC OF THE SENSITIVE FEATURE DISCOVERED. THE REGULATED ACTIVITIES NEAR THE SENSITIVE FEATURE MAY NOT PROCEED UNTIL THE EXECUTIVE DIRECTOR HAS REVIEWED AND APPROVED THE METHODS PROPOSED TO PROTECT THE SENSITIVE FEATURE AND THE EDWARDS AQUIFER FROM ANY POTENTIALLY ADVERSE IMPACTS TO WATER QUALITY WHILE MAINTAINING THE STRUCTURAL INTEGRITY OF THE LINE. 20. EROSION CONTROL MEASURES, SITE WORK AND RESTORATION WORK SHALL BE IN ACCORDANCE WITH THE CITY OF ROUND ROCK EROSION AND SEDIMENTATION CONTROL ORDINANCE. 21. ALL SLOPES SHALL BE SODDED OR SEEDED WITH APPROVED GRASS, GRASS MIXTURES OR GROUND COVER SUITABLE TO THE AREA AND SEASON IN WHICH THEY ARE APPLIED 22. SILT FENCES, ROCK BERMS, SEDIMENTATION BASINS AND SIMILARLY RECOGNIZED TECHNIQUES AND MATERIALS SHALL BE EMPLOYED DURING CONSTRUCTION TO PREVENT POINT SOURCE SEDIMENTATION LOADING OF DOWNSTREAM FACILITIES. SUCH INSTALLATION SHALL BE REGULARLY INSPECTED BY THE CITY OF ROUND ROCK FOR EFFECTIVENESS, ADDITIONAL MEASURES MAY BE REQUIRED IF, IN THE OPINION OF THE CITY ENGINEER, THEY ARE WARRANTED. 23. ALL TEMPORARY EROSION CONTROL MEASURES SHALL NOT BE REMOVED UNTIL FINAL INSPECTION AND APPROVAL OF THE PROJECT BY THE ENGINEER. IT SHALL BE THE RESPONSIBILITY OF THE CONTRACTOR TO MAINTAIN ALL TEMPORARY EROSION CONTROL STRUCTURES AND TO REMOVE EACH STRUCTURE AS APPROVED BY THE ENGINEER. 24. REMOVAL OF SILT FENCE AND ROCK BERMS WILL NOT BE PAID FOR DIRECTLY, BUT SHALL BE CONSIDERED SUBSIDIARY TO THE VARIOUS BID ITEMS. REMOVAL OF ACCUMULATED SILT AT THE SILT FENCE AND ROCK BERM LOCATIONS SHALL BE AS DIRECTED BY THE ENGINEER AND WILL NOT BE PAID FOR DIRECTLY, BUT SHALL BE CONSIDEREDSUBSIDIARY TO THE VARIOUS BID ITEMS. techspec mst/spec,master PDN -6 25. THE CONTRACTOR IS RESPONSIBLE FOR PROPER DRAINAGE DURING ALL PHASES OF CONSTRUCTION. WATER WILL NOT BE ALLOWED TO POND ON ANY ROADWAY SURFACE AND RUNOFF FROM ADJACENT PROPERTIES SHALL NOT BE IMPEDED. THIS MAY INVOLVE THE CONSTRUCTION OF TEMPORARY DRAINAGE FACILITIES AS DIRECTED BY THE ENGINEER. THE COST OF ANY ADDED MATERIALS REQUIRED FOR THE CONSTRUCTION AND MAINTENANCE OF ANY TEMPORARY DRAINAGE FACILITIES WILL NOT BE PAID FOR DIRECTLY BUT WILL BE CONSIDERED SUBSIDIARY TO THE VARIOUS BID ITEMS INVOLVED. 26. THE CONTRACTOR SHALL FURNISH AND MAINTAIN ADEQUATE WARNING SIGNS, BARRICADES, FLASHERS, OR OTHER TRAFFIC CONTROL DEVICES TO BE PLACED AFTER WORKING HOURS AS NEEDED IN ACCORDANCE WITH THE PLANS, OR THE "TEXAS MANUAL OF UNIFORM TRAFFIC CONTROL DEVICES" OR AS DIRECTED BY THE ENGINEER. 27. ALL PAVEMENT MARKINGS, MARKERS, PAINT, TRAFFIC BUTTONS, TRAFFIC CONTROLS AND SIGNS SHALL CONFORM TO AND BE INSTALLED IN ACCORDANCE WITH THE TEXAS MANUAL OF UNIFORM TRAFFIC CONTROL DEVICES FOR STREETS AND HIGHWAYS, LATEST EDITION. 28. THE ELIMINATION OF EXISTING PAVEMENT MARKINGS SHALL BE AS DIRECTED BY THE ENGINEER. NO DIRECT PAYMENT WILL BE MADE FOR THIS WORK, BUT SHALL BE CONSIDERED SUBSIDIARY TO THE VARIOUS BID ITEMS. 29. SIGNS, BARRICADES AND CHANNELIZING DEVICES ARE SHOWN AT APPROXIMATE LOCATIONS ON THE TRAFFIC CONTROL PLAN SHEETS. ACTUAL LOCATIONS MAY VARY AS DICTATED BY FIELD CONDITIONS OR AS DIRECTED BY THE ENGINEER. 30. A BROOM FINISH WILL BE REQUIRED ON BRIDGE SLABS. TEXTURED SURFACE REQUIREMENTS WILL BE WAIVED. 31. ALL CONCRETE STRUCTURES SHALL RECEIVE AN ORDINARY SURFACE FINISH. 32. STRUCTURAL STEEL (ARMOR JOINT) SHALL RECEIVE COAT OF PRIMER PRIOR TO PLACEMENT. techspec.msUsp,c.master PDN -7 Ii IL I. 10.0 SPECIAL PROVISIONS SPECIAL PROVISIONS: Required Contract Provisions, WAGE RATES TX99 -43 SPECIAL PROVISION SPECIAL PROVISION SPECIAL PROVISION SPECIAL PROVISION SPECIAL PROVISION SPECIAL PROVISION Special Provisions will govern and take precedence over the Specifications enumerated hereon wherever in conflict Therewith. Federal -aid construction contracts (Form FHWA 1273, December, 1993) "Standard Federal Equal Employment Opportunity Construction Contract Specifications (Executive Order 11246) "Certification of Nondiscrimination in Employment" "Disadvantaged Business Enterprise in Federal -Aid Construction" "Notice to all Bidders" "Notice of Requirement for Affirmative Action to Ensure Equal Employment Opportunity" (Executive Order 11246)" "Schedule of Liquidated Damages" SP -1 1 - •I. General 1 ' II. Nondiscrimination 2 2 III. Nonsegregated Facilities 6 IV. Payment of Predetermined Minimum Wage 6 ' V. Statements and Payrolls 10 VI. Record of Materials, Supplies and Labor 12 vII. Subletting or Assigning the Contract VIII. Safety: Accident Prevention 12 VIII. Safety: Accident Prevention 13 II " False Statements Concerning Roadway Projects 13 S. Implementation of Clean Air Act and Federal Water Pollution Control Act 14 - XI. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion 15 LII. Certification Regarding Use of Contract Funds for Lobbying 19 1 U.S. Department of Transportation ' Highway Administration • 1 II orm FHWA 1273 (Rev.12 -93) r'edaid. doc E _ I REQUIRED CONTRACT PROVISIONS FEDERAL -AID CONSTRUCTION CONTRACTS ATTACHMENTS A. Employment Preference for Appalachian Contracts (included in Appalachian ' : ontracts only) I. GENERAL I 1. These contract provisions shall apply to all work performed on the contract by the contractor's own organization and with the assistance of workers under the contractor's immediate superintendence and to all work performed on the contract by ,iecework, station work, or by subcontract. 2. Except as otherwise provided for in each section, the contractor shall insert 4 n each subcontract all of the stipulations contained in these Required Contract I rovisions, and further require their inclusion in any lower tier subcontract or purchase .,rder that may in turn be made. The Required Contract Provisions shall not be incorporated by reference in any case. The prime contractor shall be responsible for compliance by any ubcontractor, or lower tier subcontractor with these Required Contract Provisions. ' ' 3. A breach of any of the stipulations contained in these Required Contract Provisions shall be sufficient grounds for termination of the contract. 4. A breach of the following clauses of the Required Contract Provisions may also be grounds for debarment as provided in 29 CFR 5.12: Section I, paragraph 2; Section IV, paragraphs 1, 2, 3, 4, and 7; Section V, paragraphs I and 2a through 2g. Page Page 1 5. Disputes arising out of the labor standards provisions of Section IV (except I paragraph 5) and Section V of these Required Contract Provisions shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accordance with the procedures of the U.S. Department of Labor (DOL) as set forth in 29 CFR Parts 5, 6, and 7. Disputes within the meaning of this clause include disputes between ' the contractor (or any of its subcontractors) and the contracting agency, the DOL, or the contractor's employees or their representatives. 6. Selection of Labor: During the performance of this contract, the contractor ' shall not: a. discriminate against labor from any other State, possession, or territory of , the United States, (except for employment preference for Appalachian contracts, when ' applicable, as specified in Attachment A), or b. employ convict labor for any purpose within the limits of the project unless it ;`is labor performed by convicts who are on parole, supervised release, or probation. II. NONDISCRIMINATION I (Applicable to all Federal -aid construction contracts and to all related subcontracts of $10,000 or more.) 1. Equal Employment Opportunity: Equal employment opportunity (EEO) requirements ' not to discriminate and to take affirmative action to assure equal employment opportunity as set forth under laws, executive orders, rules, regulations (28 CFR 35, 29 CFR 1630 and 41 CFR 60) and orders of the Secretary of Labor as modified by the provisions prescribed --herein, and imposed pursuant to 23 U.S.C. 140 shall constitute the EEO and specific ' affirmative action standards for the contractor's project activities under this contract. The Equal Opportunity Construction Contract Specifications set forth under 41 CFR 60 -4.3 and the provisions of the American Disabilities Act of 1990 (42 U.S.C. 12101 et seq.) Set forth under 28 CFR 35 and 29 CFR 1630 are incorporated by reference in this contract. In I the execution of this contract, the contractor agrees to comply with the following minimum specific requirement activities of EEO: a. The Contractor will work with the City Department of Public Works (CDPW) and the Federal Government in carrying out EEO obligations and in their review of his /her activities under the contract. I - b. The Contractor will accept as his operating policy the following statement: "It is the policy of this Company to assure that applicants are employed, and that employees are treated during employment, without regard to their race, religion, sex, I :olor or national origin, age or disability. Such action shall include: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship, preapprenticeship, and /or on- the -job training." II - 2. EEO Officer: The Contractor will designate and make known to the CDPW contracting officers an EEO Officer who will have the responsibility for and must be ":apable of effectively administering and promoting an active contractor program of EEO and ' ,ho must be assigned adequate authority and responsibility to do so. 3. Dissemination of Policy: All members of the Contractor's staff who are I uthorized to hire, supervise, promote and discharge employees, or who recommend such tction, or who are substantially involved in such action, will be made fully cognizant of, and will implement, the Contractor's EEO policy and contractual responsibilities to ,provide EEO in each grade and classification of employment. To insure that the above ' .greement will be met, the following actions will be taken as a minimum: II . orm FHWA 1273- (Rev.12 -93) Page 2 f. I a. Periodic meetings of supervisory and personnel office employees will be conducted before the start of work and then not less often than once every six months, at ' which time the Contractor's EEO policy and its implementation will be reviewed and explained. The meetings will be conducted by the EEO Officer. b. All new supervisory or personnel office employees will be given a thorough "indoctrination by the EEO Officer, covering all major aspects of the Contractor's EEO obligations within thirty days following their reporting for duty with the Contractor. c. All personnel who are engaged in direct recruitment for the project will be ' instructed by the EEO Officer in the contractor's procedure for locating and hiring minority group employees. d. Notices and posters setting forth the contractor's EEO policy will be placed in ' areas readily accessible to employees, applicants for employment and potential employees. e. The contractor's EEO policy and the procedures to implement such policy will be " brought to the attention of employees by means of meetings, employee handbooks or other appropriate means. ' 4. Recruitment: When advertising for employees, the contractor will include in all advertisements for employees the notation: "An Equal - Opportunity Employer." All such advertisements will be placed in publications having a large circulation among minority groups in the area from which the project work force would normally be derived. ' a. The contractor will, unless precluded by a valid bargaining agreement, conduct systematic and direct recruitment through public and private employee- referral sources • likely to yield qualified minoritygroup applicants. To meet this requirement, the ' Contractor will identify sources of potential minority group employees, and establish with such identified sources procedures whereby minority group applicants may be referred to the contractor for employment consideration. b. In the event the contractor has a valid bargaining agreement providing for exclusive hiring hall referrals, he is expected to observe the provisions of that agreement to the extent that the system permits the contractor's compliance with EEO ' contract provisions. (The DOL has held that where implementation of such agreements have the effect of discriminating against minorities or women, or obligates the contractor to do the same, such implementation violates Executive Order 11246, as amended.) a The Contractor will encourage his present employees to refer minority group ' spplicants for employment. Information and procedures with regard to referring minority group applicants will be discussed with employees. 5. Personnel Actions: Wages, working conditions, and employee benefits shall be '_stablished and administered, and personnel actions of every type, including hiring, upgrading, promotion, transfer, demotion, layoff, and termination, shall be taken without ^egard to race, color, religion, sex, or national origin, age or disability. The following procedures shall be followed: a. The Contractor will conduct periodic inspections of project sites to insure that r"oorking conditions and employee facilities do not indicate discriminatory treatment of project site personnel. b. The Contractor will periodically evaluate the spread of wages paid within each lassification to determine any evidence of discriminatory wage practices. • 1 orm FHWA 1273- (Rev.12 -93) Page 3 ,. a The Contractor will periodically review selected personnel actions in depth to ' determine whether there is evidence of discrimination. Where evidence is found, the contractor will promptly take corrective action. If the review indicates that the discrimination may extend beyond the actions reviewed, such corrective action shall I. include all affected persons. d. The Contractor will promptly investigate all complaints of alleged discrimination made to the contractor in connection with his obligations under this contract, will attempt to resolve such complaints, and will take appropriate corrective I action within a reasonable time. If the investigation indicates that the discrimination may affect persons other than the complainant, such corrective action shall include such other persons. Upon completion of each investigation, the contractor will inform every — complainant of all of the avenues of appeal. ' 6.Training and Promotion: a. The Contractor will assist in locating, qualifying, and increasing the skills I of minority group and women employees, and applicants for employment. b. Consistent with the contractor's work force requirements and as permissible I under Federal and State regulations, the contractor shall make full use of training programs, i.e., apprenticeship, and on- the -job training programs for the geographical area of contract performance. Where feasible, 25 percent of apprentices or trainees in each occupation shall be in their first year of apprenticeship or training. In the event a I special provision for training is provided under this contract, this subparagraph will be superseded as indicated in the special provision. c. The Contractor will advise employees and applicants for employment of available ' training programs and entrance requirements for each. d. The Contractor will periodically review the training and promotion potential of minority group and women employees and will encourage eligible employees to apply for such training and promotion. 7. Unions: If the Contractor relies in whole or in part upon unions as a source of I employees, the contractor will use his /her best efforts to obtain the cooperation of such unions to increase opportunities for minority groups and women within the unions, and to effect referrals by such unions of minority and female employees. Actions by the , Contractor, either directly or through a contractor's association acting as agent will "include the procedures set forth below: a. The Contractor will use best efforts to develop, in cooperation with the • unions, joint training programs aimed toward qualifying more minority group members and women for membership in the unions and increasing the skills of minority group employees and women so that they may qualify for higher paying employment'. b. The Contractor will use best efforts to incorporate an EEO clause into each union agreement to the end that such unions will be contractually bound to refer applicants without regard to their race, color, religion, sex, national origin, age or disability. "Poli cies The Contractor is to obtain information as to the referral practices and policies of the labor union except that to the extent such information is within the ,.exclusive possession of the labor union and such labor union refuses to furnish such I information to the contractor, the contractor shall so certify to the CDPW and shall set north what efforts have been made to obtain such information. i i orm FHWA 1273- (Rev.12 -93) Page 4 d. In the event the union is unable to provide the contractor with a reasonable II flow of minority and women referrals within the time limit set forth in the collective bargaining agreement, the Contractor will, through independent recruitment efforts, fill the employment vacancies without regard to race, color, religion, sex, national origin, age or disability; making full efforts to obtain qualified and /or qualifiable minority I group persons and women. (The DOL has held that it shall be no excuse that the union with which the contractor has a collective bargaining agreement providing for exclusive referral failed to refer minority employees.) In the event the union referral practice prevents the contractor from meeting the obligations pursuant to Executive Order 11246, as "amended, and these special provisions, such contractor shall immediately notify the CDPW. _ 8. Selection of Subcontractors, Procurement of Materials and Leasing of Equipment: ' U The contractor shall not discriminate on the grounds ofrace, color, religion, sex, national origin, age or disabilityin the selection and retention of subcontractors, including procurement of materials and leases of equipment. a. The contractor shall notify all potential subcontractors and suppliers of ' his /her EEO obligations under this contract. b. Disadvantaged business enterprises (DBE), as defined in 49 CFR 23, shall have ' equal opportunity to compete for and perform subcontracts which the contractor enters into pursuant to this contract. The contractor will use his best efforts to solicit bids from and to utilize DBE subcontractors or subcontractors with meaningful minority group and " female representation among their employees. Contractors shall obtain lists of DBE "construction firms from CDPW personnel. c The Contractor will use his best efforts to ensure subcontractor compliance 'F aith their EEO obligations. 9. Records and Reports: The Contractor shall keep such records as necessary to document compliance with the EEO requirements. Such records shall be retained for a period ' pf three years following completion of the contract work and shall be available at reasonable times and places for inspection by authorized representatives of the CDPW and the FHWA. a. The records kept by the Contractor shall document the following: (1) The number of minority and non - minority group members and women employed in lath work classification on the project; (2) The progress and efforts being made in cooperation with unions, when applicable, to increase employment opportunities for minorities and women; (3) The progress and efforts being made in locating, hiring, training, qualifying, and upgrading minority and female employees; and (4) The progress and efforts being made in securing the services of DBE ubcontractors or subcontractors with meaningful minority and female representation among their employees. b. The contractors will submit an annual report to the CDPW each July for the ' luration of the project, indicating the number of minority, women, and non - minority group employees currently engaged in each work classification required by the contract work. This information is to be reported on Form FHWA -1391. If on- the -job training is being I squired by special provision, the Contractor will be required to collect and report graining data. 1 II orm FHWA 1273- (Rev.12 -93) Page 5 ' c. The contractor agrees that it has obtained or will obtain identical certification from proposed subcontractors or material suppliers prior to award of subcontracts or consummation of material supply agreements of $10,000 or more and that it will retain such certifications in its files. ' IV. PAYMENT OF PREDETERMINED MINIMUM WAGE (Applicable to all Federal -aid construction contracts exceeding $2,000 and to all I related subcontracts, except for projects located on roadways classified as local roads or rural minor collectors, which are exempt.) ' 1.General: a. All mechanics and laborers employed or working ,upon the site of the work will c be paid unconditionally and not less often than once a week and without subsequent ' deduction or rebate on any account [except such payroll deductions as are permitted by regulations (29 CFR 3) issued by the Secretary of Labor under the Copeland Act (40 U.S.C. 276c)} the full amounts of wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment. The payment shall be computed at wage rates not less than I those contained in the wage determination of the Secretary of Labor (hereinafter "the wage determination ") which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor or its subcontractors and such laborers and mechanics. The wage determination (including any additional classifications and wage rates conformed under paragraph 2 of this Section IV and the DOL poster (WH -1321) or Form FHWA -1495) shall be posted at all times by the contractor and its subcontractors at the site of the work in a prominent and accessible I place where it can be easily seen by the workers. For the purpose of this Section, J contributions made or costs reasonably anticipated for bona fide fringe benefits under Section 1(b)(2) of the Davis -Bacon Act (40 U.S.C. 276a) on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of I Section IV, paragraph 3b, hereof. Also, for the purpose of this Section, regular ..contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs, which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers L and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in paragraphs 4 and 5 of this Section IV. II Form FHWA 1273- (Rev.12 -93) Page6 U III. NONSEGREGATED FACILITIES (Applicable to all Federal -aid construction contracts and related subcontracts of $10,000 or more.) a. By submission of this bid, the execution of this contract or subcontract, or the consummation of this material supply agreement or purchase order, as appropriate, the bidder, Federal -aid construction contractor, subcontractor, material supplier, or vendor, as appropriate, certifies that the firm does not maintain or provide for its establishments, and that the firm does not permit its employees to perform their services at any location, under its control, where segregated facilities are maintained. The firm agrees that a breach of this certification is a violation of the EEO provisions of this contract. The firm further certifies that no employee will be denied access to adequate facilities on the basis of sex or disability. b. As used in this certification, the term "segregated facilities" means any waiting rooms, work areas, restrooms and washrooms, restaurants and other eating areas, timeclocks, locker rooms, and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees which are segregated by explicit directive, or are, in fact, segregated on the basis of race, color, religion, or national origin, age or disability, because of habit, local custom, or otherwise. The only exception will be for the disabled when the demands for accessibility override (e.g. disabled parking). b. Laborers or mechanics performing work in more than one classification may be ; 'compensated at the rate specified for each classification for the time actually worked therein, provided, that the employer's payroll records accurately set forth the time spent in each classification in which work is performed. ' c. All rulings and interpretations of the Davis -Bacon Act and related acts contained in 29 CPR 1, 3, and 5 are herein incorporated by reference in this contract. 2.Classification: a. The CDPW contracting officer shall require that any class of laborers or mechanics employed under the contract, which is not listed in the wage determination, 1 shall be classified in conformance with the wage determination. b. The contracting officer shall approve an additional classification, wage rate and fringe benefits only when the following criteria have been met: ' (1) the work to be performed by the additional classification requested is not performed by a classification in the wage determination; II (2) the additional classification is utilized in the area by the construction industry; (3) the proposed wage rate, including any bona fide fringe benefits, bears a ' reasonable relationship to the wage rates contained in the wage determination; and (4) with respect to helpers as defined in Section IV.4c, when such a classification prevails in the area in which the work is performed. U c. If the contractor or subcontractors, as appropriate, the laborers and mechanics (if known) to be employed in the additional classification or their representatives, and the contracting officer agree on the classification and wage rate (including the amount I designated for fringe benefits where appropriate), a report of the action taken shall be sent by the contracting officer to the DOL, Administrator of the Wage and Hour Division, Employment Standards Administration, Washington, D.C. 20210. The Wage and Hour Administrator, or an authorized representative, will approve, modify, or disapprove every I additional classification action within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30 -day period that additional , time is necessary. II d. In the event the contractor or subcontractors, as appropriate, the laborers or mechanics to be employed in the additional classification or their representatives, and the contracting officer do not agree on the proposed classification and wage rate I (including the amount designated for fringe benefits, where appropriate), the contracting officer shall refer the questions, including the views of all interested parties and the recommendation of the contracting officer, to the Wage and Hour Administrator for 'determination. Said Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30 -day period that additional time is necessary. e. The wage rate (including fringe benefits where appropriate) determined pursuant to paragraph 2c or 2d of this Section IV shall be paid to all workers performing work in the additional classification from the first day on which work is performed in the classification. 3.Payment of Fringe Benefits: %• Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the -contractor or subcontractors, as appropriate, shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash 1• ;quivalent thereof. l Porm FHWA 1273- (Rev.12 -93) Page 7 1 b. If the contractor or subcontractor, as appropriate, does not make payments to I a trustee or other third person, he /she may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, provided, that the Secretary of Labor has found, upon the written request of the contractor, that the applicable standards of the Davis -Bacon ' Act have been met. The Secretary of Labor may require the contractor to set aside in a separate account assets for the meeting of obligations under the plan or program. 4.Apprentices and Trainees (Programs of the U.S. DOL) and Helpers) 1 a.Apprentices: (1) Apprentices will be permitted to work.at less than the predetermined rate for I the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with DOL, Employment and Training Administration, Bureau of Apprenticeship and Training, or with a State apprenticeship I agency recognized by the Bureau, or if a person is employed in his /her first 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not individually registered in the program, but who has been certified by the Bureau of Apprenticeship and Training or a State apprenticeship agency (where appropriate) to be _eligible for probationary employment as an apprentice. (2) The allowable ratio of apprentices to journeyman -level employees on the job - site in any craft classification shall not be greater than the ratio permitted to the I contractor as to the entire work force under the registered program. Any employee listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate listed in the wage determination for the classification of work actually performed. In addition, any II apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. Where a contractor or subcontractor is performing construction on a project in a locality other than that in which its program is I registered, the ratios and wage rates (expressed in percentages of the journeyman-level hourly rate) specified in the contractor's or subcontractor's registered program shall be observed. I (3) Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice's level of progress, expressed as a percentage of the , hourly rate specified in the applicable wage determination. Apprentices ' hall be paid fringe benefits in accordance with the provisions of the apprenticeship _Program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the ; applicable classification. If the Administrator for the Wage and Hour Division determines I :hat a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination. (4) In the event the Bureau of Apprenticeship and Training, or a State apprenticeship agency recognized by the Bureau, withdraws approval of an apprenticeship 'program, the contractor or subcontractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the comparable work rformed by regular employees until an acceptable program is approved. b.Trainees: (1) Except as provided in 29 CFR 5.16, trainees will not be permitted to work at ess than the predetermined rate for the work performed unless they are employed pursuant to and individually registered in a program which has received prior approval, evidenced : by formal certification by the DOL, Employment and Training Administration. orm FHWA 1273- (Rev.12 -93) Page B 1 (2) The ratio of trainees to journeyman -level employees on the job site shall not II be greater than permitted under the plan approved by the Employment and Training Administration. Any employee listed on the payroll at a trainee rate who is not registered and participating in a training plan approved by the Employment and Training ...Administration shall be paid not less than the applicable wage rate on the wage '- determination for the classification of work actually performed. In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. I (3) Every trainee must be paid at not less than the rate specified in the approved program for his /her level of progress, expressed as a percentage of the journeyman-level — hourly rate specified in the applicable wage determination. Trainees shall be paid fringe ' benefits in accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour I Division determines that there is an apprenticeship program associated with the corresponding journeyman-level wage rate on the wage determination which provides for less than full fringe benefits for apprentices, in which case such trainees shall receive the same fringe benefits as apprentices. ' (4) In the event the Employment and Training Administration withdraws approval of a training program, the contractor or subcontractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an ' acceptable program is approved. c Helpers: I (1) Helpers will be permitted to work on a project if the helper classification is specified on an applicable wage determination or is approved pursuant to the conformance procedure set forth in Section IV.2. Any worker listed on a payroll at a helper wage rate, I who is not a helper as defined above, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. 5.Apprentices and Trainees (Programs of the U.S. DOT): I Apprentices and trainees working under apprenticeship and skill training programs which have been certified by the Secretary of Transportation as promoting EEO in connection with Federal -aid highway construction programs are not subject to the 'r equirements of paragraph 4 of this Section IV. The straight time hourly wage rates for apprentices and trainees under such programs will be established by the particular programs. The ratio of apprentices and trainees to journeymen shall not be greater than permitted by the terms of the particular program. 6.Withholding: The CDPW shall upon its own action or upon written request of an authorized representative of the DOL withhold, or cause to be withheld, from the contractor or - subcontractor under this contract or any other Federal contract with the same prime contractor, or any other Federally assisted contract subject to Davis -Bacon prevailing I wage requirements which is held by the same prime contractor, as much of the accrued _payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees, and helpers, employed by the contractor or any . subcontractor the full amount of wages required by the contract. In the event of failure I to pay any laborer or mechanic, including any apprentice, trainee, or helper, employed or - corking on the site of the work, all or part of the wages required by the contract, the CDPW contracting officer may, after written notice to the contractor, take such action as ,v_ nay be necessary to cause the suspension of any further payment, advance, or guarantee of Funds until such violations have ceased. 1 F orm FHWA 1273- (Rev.12 -93) Page 9 1 7.Overtime Requirements: III No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers, mechanics, watchmen, or guards (including apprentices and trainees, and helpers described in paragraphs 4 and 5 above) I shall require or permit any laborer, mechanic, watchman, or guard in any workweek in which he /she is employed on such work, to work in excess of 40 hours in such workweek unless such laborer, mechanic, watchman, or guard receives compensation at a rate not less than .one- and - one - half times his /her basic rate of pay for all hours worked in excess of 40 "hours in such workweek. 8.Violation: ' " Liability for Unpaid Wages; Liquidated Damages: In the event of any violation of the clause set forth in paragraph 7 above, the contractor and any subcontractor responsible thereof shall be liable to the affected employee for his /her unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to Such territory). Such liquidated damages shall be computed with respect to each individual laborer, mechanic, watchman, or guard employed in violation of the clause ' set forth in paragraph 7, in the sum of $10 for each calendar day on which such employee was required or permitted to work in excess of the standard work week of 40 hours without payment of the overtime wages required by the clause set forth in paragraph 7. 9.Withholding for Unpaid Wages and Liquidated Damages: The CDPW shall upon its own action or upon written request of any authorized representative of the DOL withhold, or cause to be withheld, from any monies payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other Federally assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph 8 above. I /. STATEMENTS AND PAYROLLS (Applicable to all Federal -aid construction contracts exceeding $2,000 and to all related subcontracts, except for projects located on roadways classified as local roads or ' rural collectors, which are exempt.) 1. Compliance with Copeland Regulations (29 CFR Part 3): The contractor shall comply with the Copeland Regulations of the Secretary of Labor which are herein ' .ncorporated by reference. 2.Payrolls and Payroll Records: 1 a. Payrolls and basic records relating thereto shall be maintained by the "contractor and each subcontractor during the course of the work and preserved for a period of 3 years from the date of completion of the contract for all laborers, mechanics, 'apprentices, trainees, watchmen, helpers, and guards working at the site of the work. orm FHWA 1273- (Rev.12 -93) Page 10 1 b. The payroll records shall contain the name, social security number, and address of each such employee; his or her correct classification; hourly rates of wages paid II (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in Section 1(b)(2)(B) of the Davis -Bacon Act); daily and weekly number of hours worked; deductions made; and actual wages paid. In I addition, for Appalachian- contracts, the payroll records shall contain a notation indicating whether the employee does, or does not, normally reside in the labor area as defined in Attachment A, paragraph 1. Whenever the Secretary of Labor, pursuant to Section IV, paragraph 3b, has found that the wages of any laborer or mechanic include the amount I of any costs reasonably anticipated in providing benefits under a plan or program described in Section 1 (b)(2)(8) of the Davis -Bacon Act, the contractor and each subcontractor shall maintain records which show that the commitment to provide such "benefits is enforceable, that the plan or program is financially responsible, that the plan or program has been communicated in writing to the laborers or mechanics affected, and show the cost anticipated or the actual cost incurred in providing benefits. Contractors or subcontractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprentices and trainees, and ' ratios and wage rates prescribed in the applicable programs. c. Each contractor and subcontractor shall furnish, each week in which any ' contract work is performed, to the CDPW engineer a payroll of wages paid each of its employees (including apprentices, trainees, and helpers, described in Section IV, paragraphs 4 and 5 and watchmen and guards engaged on work during the preceding weekly -payroll period). The payroll submitted shall set out accurately and completely all of the I information required to be maintained under paragraph 2b of this Section V. This information may be submitted in any form desired. Optional Form WH -347 is available for this purpose and may be purchased from the Superintendent of Documents (Federal stock • number 029- 005 - 00141), U.S. Government Printing Office, Washington, D.C. 20402. The prime I contractor is responsible for the submission of copies of payrolls by all subcontractors. d. Each payroll submitted shall be accompanied by a "Statement of Compliance," signed by the contractor or subcontractor or his /her agent who pays or supervises the I payment of the persons employed under the contract and shall certify the following: (1) that the payroll for the payroll period contains the information required to ' be maintained under paragraph 2b of this Section V and that such information is correct and complete; (2) that such laborer or mechanic (including each helper, apprentice, and trainee) I employed on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in the Regulations, 29 CFR 3; (3) that each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed, as -specified in the applicable wage determination incorporated into the contract. e. The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH -347 shall satisfy the requirement for submission of the Statement of Compliance" required by paragraph 2d of this Section V. f. The falsification of any of the above certifications may subject the contractor _to civil or criminal prosecution under 18 U.S.C. 1001 and 31 U.S.C. 231. 1 iL " orm FHWA 1273- (Rev.12 -93) Page 11 '� 1 g. The contractor or subcontractor shall make the records required under paragraph '2b of this Section V available for inspection, copying, or transcription by authorized I representatives of the CDPW, the FHWA, or the DOL, and shall permit such representatives to interview employees during working hours on the job. If the contractor or subcontractor fails to submit the required records or to make them available, the CDPW, the FHWA, the ' DOL, or all may, after written notice to the contractor, sponsor, applicant, or owner, take such actions as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to ' 29 CFR 5.12. VI. RECORD OF MATERIALS, SUPPLIES AND LABOR II provide On all Federal -aid contracts on the National Highway System, except those which provide solely for the installation of protective devices at railroad grade crossings, those which are constructed on a force account or direct labor basis, highway beautification contracts, and contracts for which the total final construction cost for I roadway and bridge is less than $1,000,000 (23 CFR Part 635) the contractor shall: a. Become familiar with the list of specific materials and supplies contained in ' Form FHWA -47, "Statement of Materials and Labor Used by Contractor of Highway Construction Involving Federal Funds," prior to the commencement of work under this contract. b. Maintain a record of the total cost of all materials and supplies purchased for ' and incorporated in the work, and also of the quantities of those specific materials and supplies listed on Form FHWA 47, and in the units shown on Form FHWA -47. c. Furnish, upon the completion of the contract, to the CDPW engineer on.Form II FHWA-47 together with the data required in paragraph lb relative to materials and supplies, a final labor summary of all contract work indicating the total hours worked and the total amount earned. II 2. At the prime contractor's option, either a single report covering all contract work or separate reports for the contractor and for each subcontract shall be submitted. SUBLETTING OR ASSIGNING THE CONTRACT 1. The contractor shall perform with its own organization contract work amounting to not less than 30 percent (or a greater percentage if specified elsewhere in the " contract) of the total original contract price, excluding any specialty items designated 61 the CDPW. Specialty items may be performed by subcontract and the amount of any such specialty items performed may be deducted from the total original contract price before computing the amount of work required to be performed by the contractor's own organization 1 (23 CFR Part 635). 1 - 1 a. Its own organization" shall be construed to include only workers employed and ?aid directly by the prime contractor and equipment owned or rented by the prime ' ontractor, with or without operators. Such term does not include employees or equipment of a subcontractor, assignee, or agent of the prime contractor. ` b. "Specialty Items" shall be construed to be limited to work that requires highly II >pecialized knowledge, abilities, or equipment not ordinarily available in the type of contracting organizations qualified and expected to bid on the contract as a whole and in general are to be limited to minor components of the overall contract. 2. The contract amount upon which the requirements set forth in paragraph 1 of this Section VII is computed includes the cost of material and manufactured products which ..'re to be purchased or produced by the contractor under the contract provisions. 'orm FHWA 1273- (Rev.12 -93) Page 12 1 3. The contractor shall'furnish (a) a competent superintendent or supervisor who 1 - is employed by the firm, has full authority to direct performance of the work in accordance with the contract requirements, and is in charge of all construction operations (regardless of who performs the work) and (b) such other of its own organizational __resources (supervision, management, and engineering services) as the CDPW contracting ' officer determines is necessary to assure the performance of the contract. 4. No portion of the contract shall be sublet, assigned or otherwise disposed of ..except with the written consent of the CDPW contracting officer, or authorized ' representative, and such consent when given shall not be construed to relieve the contractor of any responsibility for the fulfillment of the contract. Written consent will be given only after the CDPW has assured that each subcontract is evidenced in writing and - that it contains all pertinent provisions and requirements of the prime contract. VIII. SAFETY: ACCIDENT MENTION 1. In the performance of this contract the contractor shall comply with all I applicable Federal, State, and local laws governing safety, health, and sanitation (23 CFR Part 635). The contractor shall provide all safeguards, safety devices and protective equipment and take any other needed actions as it determines, or as the CDPW contracting I officer may determine, to be reasonably necessary to protect the life and health of employees on the job and the safety of the public and to protect property in connection with the performance of the work covered by the contract. 2. It is a condition of this contract, and shall be made a condition of each subcontract, which the contractor enters into pursuant to this contract, that the contractor and any subcontractor shall not permit any employee, in performance of the -contract, to work in surroundings or under conditions which are unsanitary, hazardous or I dangerous to his /her health or safety, as determined under construction safety and health standards (29 CFR 1926) promulgated by the Secretary of Labor, in accordance with Section 107 of the Contract Work Hours and Safety Standards Act (40 U.S.0 333). I 3. Pursuant to 29 CFR 1926.3, it is a condition of this contract that the Secretary of Labor or authorized representative thereof, shall have right of entry to any site of contract performance to inspect or investigate the matter of compliance with the construction safety and health standards and to carry out the duties of the Secretary I ander Section 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 333). IX. FALSE STATEMENTS CONCERNING HIGHWAY PROJECTS In order to assure high quality and durable construction in conformity with ' approved plans and specifications and a high degree of reliability on statements and ( representations made by engineers, contractors, suppliers, and workers on Federal -aid ' iighway projects, it is essential that all persons concerned with the project perform ;heir functions as carefully, thoroughly, and honestly as possible. Willful falsification, distortion, or misrepresentation with respect to any facts related to the project is a - riolation of Federal law. To prevent any misunderstanding regarding the seriousness of I :hese and similar acts, the following notice shall be posted on each Federal -aid highway 'project (23 CFR Part 635) in one or more places where it is readily available to all persons concerned with the project: orm FHWA 1273- (Rev.12 -93) 1 1 Page 13 1 1 18 U.S.C. 1020 reads as follows: '_ "Whoever, being an officer, agent, or employee of the United States, or any State or Territory, or whoever, whether a person, association, firm, or corporation, knowingly r. -makes any false statement, false representation, or false report as to the character, I quality, quantity, or cost of the material used or to be used, or the quantity or quality of the work performed or to be performed, or the costs thereof in connection with the submission of plans, maps, specifications, contracts, or costs of construction on any -- highway or related project submitted for approval to the Secretary of Transportation; or 1 ' Whoever knowingly makes any false statement, false representation, false report or false claim with respect to the character, quality, quantity, or cost of any work 1 performed or to be performed, or materials furnished or to be furnished, in connection with the construction of any highway or related project approved by the Secretary of Transportation; or I Whoever knowingly makes any false statement or false representation as to material fact in any statement, certificate, or report submitted pursuant to provisions of the Federal -aid Roads Act approved July 1, 1916, (39 Stat. 355), as amended and supplemented; 1 1X. Shall be fined not more than $10,000 or imprisoned not more than 5 years, or both.' IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL WATER POLLUTION CONTROL ACT (Applicable to all Federal -aid construction contracts and to all related subcontracts ' Df $100,000 or more.) _ By submission of this bid, or the execution of this contract, or subcontract, as 1 appropriate, the bidder, Federal -aid construction contractor, or subcontractor, as appropriate, will be deemed to have stipulated as follows: 1. That any facility that is or will be utilized in the performance of this 111 entrant, unless such contract is exempt under the Clean Air Act, as amended (42 U.S.C. L857 et seq., as amended by Pub. L. 92 -604), and under the Federal Water Pollution Control Act, as amended (33 U.S.C. 1251, et seq., as amended by Pub. L. 92 -500), Executive Order ;11738, and regulations in implementation thereof (40 CFR 15) is not listed, on the date of ' :ontract award, on the U.S. Environmental Protection Agency (EPA) List of Violating 2acilities pursuant to 40 CFR 15.20. 2. That the firm agrees to comply and remain in compliance with all the 1 - equirements of Section 114 of the Clean Air Act and Section 308 of the Federal Water 'Pollution Control Act and all regulations and guidelines listed thereunder. 3. That the firm shall promptly notify the CDPW of the receipt of any II ommunication from the Director, Office of Federal Activities, EPA, indicating that a - facility that is or will be utilized for the contract is under consideration to be listed _nn the EPA List of Violating Facilities. 4. That the firm agrees to include or cause to be included the requirements of 1 paragraphs 1 through 4 of this Section X in every nonexempt subcontract, and further c°grees to take such action as the government may direct as a means of enforcing such ' equirements. 4` orm FHWA 1273- (Rev.12 -93) I� NOTICE TO ALL PERSONNEL ENGAGED ON FEDERAL -AID HIGHWAY PROJECTS Pagel4 1 1 1 r _XI. CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION 1. Instructions for Certification Primary Covered Transactions: (Applicable to ,-all Federal -aid contracts - 49 CFR 29) a. By signing and submitting this proposal, the prospective primary participant is providing the certification set out below. I b. The inability of a person to provide the certification set out below will not necessarily result in denial of participation in this covered transaction. The prospective __participant shall submit an explanation of why it cannot provide the certification set out below. The certification or explanation will be considered in connection with the II department or agency's determination whether to enter into this transaction. However, failure of the prospective primary participant to furnish a certification or an ..explanation shall disqualify such a person from participation in this transaction. c. The certification in this clause is a material representation of fact upon which reliance was placed when the department or agency determined to enter into this • transaction. If it is later determined that the prospective primary participant knowingly rendered an erroneous certification, in addition to other remedies available to the 'Federal Government, the department or agency may terminate this transaction for cause of default. d. The prospective primary participant shall provide immediate written notice to the department or agency to whom this proposal is submitted if at any time the prospective primary participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. - e. The terms "covered transaction," "debarred," "suspended," "ineligible," "lower tier covered transaction," "participant," "person," "primary covered transaction," I principal," "proposal," and "voluntarily excluded,' as used in this clause, have the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact the department or agency to which this proposal is submitted for assistance in obtaining a copy of those regulations. f. The prospective primary participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared I ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency entering into this transaction. 3. The prospective primary participant further agrees by submitting this proposal that I it will include this clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion -Lower Tier Covered Transaction," provided by the department or agency entering into this covered transaction, without modification, in all `Lower tier covered transactions and in all solicitations for lower tier covered T =ransaction . h. A participant in.a covered transaction may rely upon a certification of a ' prospective participant in a lower tier covered transaction that it is not debarred, .,3uspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and .requency by which it determines the eligibility of its principals. Each participant may, I nut is not required to, check the nonprocurement portion of the "Lists of Parties Excluded 'L'rom Federal Procurement of Nonprocurement Programs" ( Nonprocurement List) which is compiled by the General Services Administration. I s 'orm FHWA 1273 (Rev.12 - 93) r Page 15 1 i. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this I clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. ' j. Except for transactions authorized under paragraph of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded I from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause or default. 1 1 1 1 1 1 1 1 1 2. Instructions for Certification -Lower Tier Covered Transactions: (Applicable to all subcontracts, purchase orders and other lower tier transactions of $25,000 or more -49 'CFR 29) a. By signing and submitting this proposal, the prospective lower tier participant Ls providing the certification set out below. b. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later 3etermined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the .iepartment or agency with which this transaction - originated may pursue available remedies, ncluding suspension and /or debarment. II :orm FHWA 1273- (Rev.12 -93) 1 Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion- Primary Covered Transactions 1. The prospective primary participant certifies to the best of its knowledge and belief, that it and its principals: a. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency; b. Have not within a 3 -year period preceding this proposal been convicted of or had a civil judgement rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; c. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph lb of this certification; and d. Have not within a 3 -year period preceding this application /proposal had one or more public transactions (Federal, State or local) terminated for cause or default. 2. Where the prospective primary participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. Page 16 1 d. The terms "covered transaction," "debarred," "suspended," "ineligible," "primary covered transaction," "participant," "person," "principal," "proposal," and "voluntarily excluded," as used in this clause, have the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. You may I contact the person to which this proposal is submitted for assistance in obtaining a copy of those regulations. e. The prospective lower tier participant agrees by submitting this proposal that, I should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless ;rized by the department or agency with which this transaction originated. f. The prospective lower tier participant further agrees by submitting this proposal that it will include this clause titled "Certification Regarding Debarment, I Suspension, Ineligibility and Voluntary Exclusion -Lower Tier Covered Transaction," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions. g. A participant in a covered transaction may rely upon a certification of a I prospective participant in a lower tier covered transaction that is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it • knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to, check the Nonprocurement List. h. Nothing contained in the foregoing shall be construed to require establishment I of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. I i. Except for transactions authorized under paragraph e of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded Erom participation in this transaction, in addition to other remedies available to the I Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension and /or debarment. 1 1 c. The prospective lower tier participant shall provide immediate written notice 1 to the person to which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous by reason of changed circumstances. orm FHWA 1273- (Rev.12 -93) IM * * * * * * * * Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion -Lower Tier Covered Transactions 1. The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this • ransaction by any Federal department or agency. 2. Where the prospective lower tier participant is unable to certify to any of the ; statements in this certification, such prospective participant shall attach an explanation o this proposal. t� Page 17 1 XII. CERTIFICATION REGARDING USE OF CONTRACT FUNDS FOR LOBBYING (Applicable to all Federal -aid construction contracts and to all related subcontracts _ of $100,000 or more -49 CFR,20) 1.. The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that: a. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, I or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or ;modification of any Federal contract, grant, loan, or cooperative agreement. b. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form -LLL, . °Disclosure Form to Report Lobbying ", in accordance with its instructions. 2. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is . a prerequisite for making or entering into this transaction imposed by 31 U.S. 1352. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. 3. The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such recipients shall certify and disclose accordingly. 1 1 1. 1 1 orm FHWA 1273- (Rev.12 -93) S`= Page 18 1 1 1 1 1 1 1 1 1 1 { 1 1 1 1 WAGE RATE Texas Decision No. TX99 -43 II The wage rates are hereinafter listed are those predetermined by the Secretary of Labor to be the minimum wages to be paid laborers and mechanics on this project. ' Index No. Per Hour Craft 100 $ 8.08 Air Tool Operator 103 11.00 Asphalt Heater Operator 106 8.00 Asphalt Raker 109 7.97 Asphalt Shoveler 112 11.00 Hatching Plant Weigher 118 10.80 Carpenter, Rough 124 9.57 Concrete Finisher (Paving) 130 8.83 Concrete Finisher (Structures) 136 8.52 Concrete Rubber 139 16.25 Electrician 150 6.86 Flagger 151 8.77 Form Builder (Structures) 157 8.00 Form Liner (Paving & Curb) 160 8.68 Form Setter (Paving & Curb) 166 8.73 Form Setter (Structures) 172 7.12 Laborer, Common 175 7.99 Laborer, Utility 187 12.15 Mechanic 193 11.40 Oiler 194 8.44 Servicer 196 10.00 Painter (Structure) 205 8.27 Pipe Layer Power Equipment Operator: 300 9.70 Asphalt Distributor 303 9.26 Asphalt Paving Machine 305 7.12 Broom or Sweeper Operator 306 9.28 Bulldozer 315 7.79 Concrete Paving Curing Machine 318 11.00 Concrete Paving Finishing Machine 333 9.79 Concrete Paving Saw 341 11.15 Slipform Machine Operator 342 10.12 Crane, Clamshell, Backhoe, Derrick, Dragline, Shovel 363 15.00 Foundation Drill Operator (Truck Mounted) 369 8.86 Front End Loader 375 10.81 Hoist (Double Drum and Less) 381 7.12 Mixer 387 11.00 Mixer - (Concrete Paving) 1 -3 TX99 -43 3 -12 -99 1 1 1 1 1 1 1 1 1 390 12.37 Motor Grader Operator Fine Grade 393 11.14 Motor Grader Operator 396 8.31 Pavement Marker Machine 397 15.75 Planer Operator 402 7.73 Roller Steel Wheel (Plant -Mix Pavements) 405 7.33 Roller, Steel Wheel (Other -Flat Wheel or Tamping) 408 7.17 Roller, Pneumatic, Self - Propelled 411 8.38 Scrapers 422 9.40 Tractor (Crawler Type) 434 7.92 Traveling Mixer 440 9.92 Trenching Machine, Heavy 443 8.00 Wagon Drill, Boring Machine or Post Hole Driller Operator 500 14.50 Reinforcing Steel Setter (Paving) 503 10.61 Reinforcing Steel Setter (Structures) 509 11.73 Steel Worker (Structural) 515 8.55 Spreader Box Operator 520 8.29 Work Zone Barricade Servicer 522 7.97 Permanent Ground Mounted Sign Installer Truck Drivers: 600 8.32 Single Axle, Light 603 7.954 Single Axle, Heavy 606 8.02 Tandem Axle or Semitrailer 609 10.12 Lowboy -Float 706 11.02 Welder 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)). 2 -3 TX99 -43 3 -12 -99 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1� Power Equipment Operators: Heavy Duty mechanic Boom Equipment Motor Grader Tractor & Scrapers Pneumatic and Crawler 1000 Hrs 70 75 80 85 90 95 * The apprentice rate is by percentage of the journeyman's rate. This is a "Public Works" Project, as defined in House Bill No. 54 of the 43rd Legislature of the State of Texas and House Bill No. 115 of the 44th Legislature of the State of Texas, and as such is subject to the provisions of said House Bills. This contract is subject to the Work Hours Act of 1962, PL - 87 - 581 and implementing regulations. No provisions herein are intended to be in conflict with the above acts. Any laborer, workman or mechanic employed on this project shall be paid at the rate of one and one half (1 - 1/2) times the regular rate for every hour worked in excess of forty (40 ) hours per week. Legal holiday work shall be paid for at the regular governing per diem wage rates. THE FOLLOWING LISTED COUNTIES ARE IN THE TX99 -43 AREA; BELL CORYELL BEXAR GUADALUPE BRAZOS HAYS COMAL MCLENNAN Construction Type: HEAVY HIGHWAY Apprentice Schedule Period and Rate* Interval 1000 Hrs 1' 2nd 3rd 4th 5th 6th 7th 8th 1000 Hrs 70 72 - 1/2 75 77 - 1/2 80 85 90 95 1000 Hrs 70 75 80 85 90 95 1000 Hrs 70 75 80 85 90 95 TRAVIS WILLIAMSON 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 WATER TREATMENT PLANTS OR LIFT /PUMP STATIONS IN BELL, CORYELL, HcLENNAN AND WILLIAMSON COUNTIES. 3 -3 TX99 -43 3 -12 -99 I 1993 Specifications 1 1 1 1 1 1 1 1 1 1 1 1 1- 1- 1. As used in these specifications: SPECIAL PROVISION STANDARD FEDERAL EQUAL EMPLOYMENT OPPORTUNITY CONSTRUCTION CONTRACT SPECIFICATIONS (EXECUTIVE ORDER 11246) a. "Covered area means the geographical area described in the solicitation from which this contract resulted; b. 'Director" means Director, Office of Federal Contract Compliance Programs, United States Department of Labor, or any person to whom the Director delegates authority; c. "Employee identification number means the Federal Social Security number used on the Employer's Quarterly Federal Tax Return, U.S. Treasury Department Form 941. d. "Minority" includes: (i) Black (all persons having origins in any of the Black African racial groups not of Hispanic origin); (ii) Hispanic (all persons of Mexican, Puerto Rican, Cuban, Central or South American or other Spanish culture or origin, regardless of race); (iii) Asian and Pacific Islander (all persons having origins in any of the original peoples of the Far East, Southeast Asia, the Indian Subcontinent, or the Pacific Islands); and (iv) American Indian or Alaskan Native (all persons having origins in any of the original peoples of North American and maintaining identifiable tribal affiliations through membership and participation or community identification). 2. Whenever the Contractor, or any Subcontractor at any tier, subcontracts a portion of the work involving any construction trade, it shall physically include in each subcontract in excess of $10,000 the provisions of these specifications and the Notice which contains the applicable goals for minority and female participation and which is set forth in the solicitations from which this contract resulted. 3. If the Contractor is participating (pursuant to 41 CFR 60 -4.5) in a Hometown Plan approved by the U. S. Department of Labor in the covered area either individually or through an association, its affirmative action obligations on all work in the Plan area (including goals and timetables) shall be in accordance with that plan for those trades which have unions participating in the Plan. Contractors must be able to demonstrate their participation in and compliance with the provisions of any such Hometown Plan. Each Contractor or Subcontractor participating in an approved Plan is individually required to comply with its obligations under the EEO clause, and to make a good faith effort to achieve each goal under the Plan in each trade in which it has employees. The overall good faith performance by other Contractors or Subcontractors toward a goal in an approved Plan does not excuse any covered Contractor's or Subcontractor's failure to take good faith efforts to achieve the Plan goals and timetables. 1 -5 000 - - -001 3 -93 1 4. 1 1 1 1 6. 1 1 7. 1 i 1 1 1 1 1 1 The Contractor shall implement the specific affirmative action standards provided in paragraphs 7a through p of these specifications. The goals set forth in the solicitation from which this contract resulted are expressed as percentages of the total hours of employment and training of minority and female utilization the Contractor should reasonably be able to achieve in each construction trade in which it has employees in the covered area. Covered construction contractors performing contracts in geographical areas where they do not have a Federal or federally assisted construction contract shall apply'the minority and female goals established for the geographical area where the contract is being performed. Goals are published periodically in the Federal Register in notice form and such notices may be obtained from any Office of Federal Contract Compliance Programs office or any Federal procurement contracting officer. The Contractor is expected to make substantially uniform progress toward its goals in each craft during the period specified. Neither the provisions of any collective bargaining agreement, nor the failure by a union with whom he Contractor has a collective bargaining agreement, to refer either minorities or women shall excuse the Contractor's obligations under these specifications, Executive Order 11246, or the regulations promulgated pursuant thereto. In order for the non - working training hours of apprentices and trainees to be counted in meeting the goals, such apprentices and trainees must be employed by the Contractor during the training period, and the Contractor must have made a commitment to employ the apprentices and trainees at the completion of their training, subject to the availability of employment opportunities. Trainees must be trained pursuant to training programs approved by the U. S. Department of Labor. The Contractor shall take specific affirmative actions to ensure equal employment opportunity. The evaluation of the Contractor's compliance with these specifications shall be based upon its effort to achieve maximum results from its actions. The Contractor shall document these efforts fully, and shall implement affirmative action steps at least as extensive as the following: a. b. Ensure and maintain a working environment free of harassment, intimidation, and coercion at all sites, and in all facilities at which the Contractor's employees are assigned to work. The Contractor, where possible, will assign two or more women to each construction project. The Contractor shall specifically ensure that all foremen, superintendents, and other on -site supervisory personnel are aware of and carry out the Contractor's obligation to maintain such a working environment, with specific attention to minority or female individuals working at such sites or in such facilities. Establish and maintain a current list of minority and female recruitment sources, provide written notification to minority and female recruitment sources and to community organizations when the Contractor or its unions have employment opportunities available, and maintain a record of the organizations' responses. Maintain a current file of the names, addresses and telephone numbers of each minority and female off - the - street applicant and minority or female referral from a union, a recruitment source or community organization and of what action was taken with respect to each such individual. If such individual was sent to the union hiring hall for referral and was not referred back to the Contractor by the union or, if referred, not employed by the Contractor, this shall be documented in the file with the reason therefor, along with whatever additional actions the Contractor may have taken. 2 -5 000 - - -001 3 -93 1 1 1 1 1 1 i 1 1 1 1 1 1' I1. j. d. e. Provide immediate written notification to the Director when the union or unions with which the Contractor has a collective bargaining agreement has not referred to the Contractor a minority person or woman sent by the Contractor, or when the Contractor has other information that the union referral process has impeded the Contractor's efforts to meet its obligations. Develop on- the -job training opportunities and /or participate in training programs for the area which expressly include minorities and women, including upgrading programs and apprenticeship and trainee programs relevant to the Contractor's employment needs, especially those programs funded or approved by the Department of Labor. The Contractor shall provide notice of these programs to the sources compiled under 7b above. f. Disseminate the Contractor's EEO policy by providing notice of the policy to unions and training programs and requesting their cooperation in assisting the Contractor in meeting its EEO obligations; by including it in any policy manual and collective bargaining agreement; by publicizing it in the company newspaper, annual report, etc.; by specific review of the policy with all management personnel and with all minority and female employees at least once a year; and by posting the company EEO policy on bulletin boards accessible to all employees at each location where construction work is performed. g. Review, at least annually, the company's EEO policy and affirmative action obligations under these specifications with all employees having any responsibility for hiring, assignment, layoff, termination or other employment decisions including specific review of these items with onsite supervisory personnel such as Superintendents, General Foremen, etc., prior to the initiation of construction work at any job site. A written record shall be made and maintained identifying the time and place of these meetings, persons attending, subject matter discussed, and disposition of the subject matter. h. Disseminate the Contractor's EEO policy externally by including it in any advertising in the news media, specifically including minority and female news media, and providing written notification to and discussing the Contractor's EEO policy with other Contractors and Subcontractors with whom the Contractor does or anticipates doing business. i. Direct its recruitment efforts, both oral and written, to minority, female and community organizations, to schools with minority and female students and to minority and female recruitment and training organizations serving the Contractor's recruitment area and employment needs. Not later than one month prior to the date for the acceptance of applications for apprenticeship or other training by any recruitment source, Contractor shall send written notification to organizations as the above, describing the openings, screening procedures, tests to be used in the selection process. Encourage present minority and female employees to recruit other minority persons and women and, where reasonable, provide after school, summer and vacation employment to minority and female youth both on the site and in other areas of a Contractor's workforce. k Validate all tests and other selection requirements where there is an obligation to do so under 41 CFR Part 60 -3. 3 -S 000 - - -001 3 -93 1 1 1 1 1 1 1 1 1 1 1 1 10. ' 11. 1 1. Conduct„ at least annually, an inventory and evaluation at least of all minority and female personnel for promotional opportunities and encourage these employees to seek or to prepare for, through appropriate training, etc., such opportunities. m. p• Ensure that seniority practices, job classifications, work assignments and other personnel practices, do not have a discriminatory effect by continually monitoring all personnel and employment related activities to ensure that the EEO policy and the Contractor's obligations under these specifications are being carried out. n. Ensure that all facilities and company activities are nonsegregated except that separate or single -user toilet and necessary changing facilities shall be provided to assure privacy between the sexes. o. Document and maintain a record of all solicitations of offers for subcontracts from minority and female construction contractors and suppliers, including circulation of solicitations to minority and female contractor associations and other business associations. Conduct a review, at least annually, of all supervisors' adherence to and performance under the Contractor's EEO policies and affirmative action obligations. 8. Contractors are encouraged to participate in voluntary associations which assist in fulfilling one or more of their affirmative action obligations (7a through p). The efforts of a contractor association, joint contractor - union, contractor - community, or other similar group of which the contractor is a member and participant, may be asserted as fulfilling any one or more of its obligations under 7a through p of these Specifications provided that the contractor actively participates in the group, makes every effort to assure that the group has a positive impact on the employment of minorities and women in the industry, ensures that the concrete benefits of the program are reflected in the Contractor's minority and female workforce participation, makes a good faith effort to meet its individual goals and timetables, and can provide access to documentation which demonstrates the effectiveness of actions taken on behalf of the Contractor. The obligation to comply, however, is the Contractor's and failure of such a group to fulfill an obligation shall not be a defense for the Contractor's noncompliance. 9. A single goal for minorities and a separate single goal for women have been established. The Contractor, however, is required to provide equal' employment opportunity and to take affirmative action for all minority groups, both male and female, and all women, both minority and non - minority. Consequently, the Contractor may be in violation of the Executive Order if a particular group is employed in a substantially disparate manner (for example, even though the Contractor has achieved its goals for women generally, the Contractor may be in violation of the Executive Order if a specific minority group of women is underutilized). The Contractor shall not use the goals and timetables or affirmative action standards to discriminate against any person because of race, color, religion, sex, or national origin. The Contractor shall not enter into any Subcontract with any person or firm debarred from Government contracts pursuant to Executive Order 11246. 4 -5 000 -- -001 3 -93 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 12. The Contractor shall carry out such sanctions and penalties for violation of these specifications and of the Equal Opportunity Clause, including suspension, termination and cancellation of existing subcontracts as may be imposed or ordered pursuant to Executive Order 11246, as amended, and its implementing regulations, by the Office of Federal Contract Compliance Programs. Any contractor who fails to carry out such sanctions and penalties shall be in violation of these specifications and Executive Order 11246, as amended. 13. The Contractor, in fulfilling its obligations under these specifications, shall implement specific affirmative action steps, at least as extensive as those standards prescribed in paragraph 7 of these specifications, so as to achieve maximum results from its efforts to ensure equal employment opportunity. If the Contractor fails to comply with the requirements of the Executive Order, the implementing regulations, or these specifications, the Director shall proceed in accordance with 41 CFR 60 -4.8. 14. The Contractor shall designate a responsible official to monitor all employment related activity to ensure that the company EEO policy is being carried out, to submit reports relating to the provisions hereof as may be required by the Government and to keep records. Records shall at least include for each employee the name, address, telephone numbers, construction trade, union affiliation if any, employee identification number when assigned, social security number, race, sex, status (e.g., mechanic, apprentice, trainee, helper, or laborer), dates of changes in status, hours worked per week in the indicated trade, rate of pay, and locations at which the work was performed. Records shall be maintained in an easily understandable and retrievable form; however, to the degree that existing records satisfy this requirement, contractors shall not be required to maintain separate records. 15. Nothing herein provided shall be construed as a limitation upon the application of other laws which establish different standards of compliance or upon the application of requirements for the hiring of local or other area residents (e.g., those under the Public Works Employment Act of 1977 and the Community Development Block Grant Program). 16. In addition to the reporting requirements set forth elsewhere in this contract, the Contractor and the subcontractors holding subcontracts, not including material suppliers, of $10,000 or more, shall submit for every month of July during which work is performed, employment data as contained under Form PR 1391 (Appendix C to 23 CFR, Part 230), and in accordance with the instructions included thereon. 5 -5 000 -- -001 3 -93 1993 Specifications 1 CERTIFICATION OF NONDISCRIMINATION IN EMPLOYMENT " By signing this proposal, the bidder certifies that he has participated in a previous contract or subcontract subject to the equal opportunity clause, as required by Executive Orders 10925, 11114, or 11246, or if he has not participated in a previous contract of this type, or if he has had previous contract or subcontracts and has not filed, he will file with the Joint Reporting Committee, the Director of the Office of Federal Contract rile a Federal Government contracting or administering agency, or the former President's Committee on Equal Employment Opportunity, all reports due under the 'applicable filing requirements. 'Note: The above certification is required by the Equal Employment Opportunity Regulations of the Secretary of Labor (41 CFR 60- 1.7(b)(1)), and must be submitted by bidders and proposed subcontractors only in connection with contracts and subcontracts which are subject to the equal opportunity clause. Contracts and subcontracts which are exempt from the equal opportunity clause are set forth in 41 CFR 60 -1.5. (Generally only contracts or subcontracts of $10,000 or under are exempt.) t = urrently, Standard Form 100 (EEO -1) is the only report required by the Executive Orders or their implementing regulations. ' proposed prime contractors and subcontractors who have participated in a previous contract ar subcontract subject to the Executive Orders and have not filed the required reports should note that 41 CFR 60- 1.7(b)(1) prevents the award of contracts and subcontracts • mless such contractor submits a report covering the delinquent period or such other t teriod specified by the Federal Highway Administration or by the Director, Office of rederal Contract Compliance, U. S. Department of Labor. 1 1 s 1 SPECIAL PROVISION 1 -1 000 -- -003 3 -93 II 1993 Specifications 1 1 1 1 1 1 • 1 a. b. SPECIAL PROVISION DISADVANTAGED BUSINESS ENTERPRISE IN FEDERAL -AID CONSTRUCTION "The purpose of this Special Provision is to carry out the U. S. Department of Transportation's (DOT) policy of supporting the fullest possible participation of firms .owned and controlled by minority or socially and economically disadvantaged individuals in ' DOT programs. If the Disadvantaged Business Enterprise (DBE) goal is greater than zero, Article A, "Disadvantaged Business Enterprise in Federal -Aid Construction," of this special provision shall apply to this contract. If the DBE goal is zero, Article B - "Minority Business Enterprise Requirements," of this Special Provision shall apply to this " contract. The percentage goal for DBE participation in the work to be performed under this contract will be shown on Form DBE. ' ARTICLE A: Disadvantaged Business Enterprise in Federal -Aid Construction 1. PURPOSE. The purpose of this Special Provision is to carry out the DOT's policy of supporting the fullest possible participation of firms owned and controlled by 1/2 socially and economically disadvantaged individuals in DOT programs. . POLICY. It is the policy of the DOT and the Round Rock City Department of Public Works (henceforth the "Department ") that DBEs, as defined 49 CFR Part 23, Subpart D I and the Department's DBE Program, shall have the maximum opportunity to participate in the performance of contracts financed in whole or in part with Federal funds. Consequently, the DBE requirements of 49 CFR Part 23, Subpart D and the Department's DBE Program, apply to this contract as follows. The Contractor agrees to insure that DBEs, as defined in 49 CFR Part 23, Subpart D and the Department's DBE Program, have the maximum opportunity to participate in the performance of contracts and subcontracts financed in whole or in part with Federal funds. In this regard, the Contractor shall take all necessary and reasonable steps to meet the DBE goal for this contract. The Contractor and any subcontractors shall not discriminate on the basis of race, color, national origin or sex in the award and performance of contracts in accordance with the Civil Rights Restoration Act of 1987. c. The requirements of this Special Provision shall be physically included in any subcontract. d. After a conditional award is made to the low bidder, the Department will determine the adequacy of a Contractor's efforts to meet the contract goal, as is outlined in this Special Provision under Section 5, "Contractor's Responsibilities." If the requirements of Section 5 are met, the conditional situation will be removed and the contract will be forwarded to the Contractor for execution. The Contractor's performance, during the construction period of the contract, in meeting his approved goal will be monitored by the Department. e. Failure to carry out the requirements set forth above shall constitute a breach of contract and, after the notification of the DOT, may result in termination of the contract by the Department; a deduction from the money due or to become due to the Contactor, not as a penalty but as damages to the Department's DBE Program; or such other remedy or remedies as Department deems appropriate. 1 -10 000 - - -443 8 -94 3. DEFINITIONS. 1 1 1 1 1 1 1 1 1 1 1 1 1 a . b. c. d. ' e. "Department" means the Round Rock City Department of Public Works. "Federal -Aid Contract" is any contract between the Round Rock City Department of Public Works and a Contractor which is paid for in whole or in part with DOT financial assistance. 'Joint Venture' means an association of two or more businesses to carry out a single business enterprise for profit for which purpose they combine their property, capital, efforts, skills and knowledge. "Disadvantaged Business Enterprise" or 'DBE" means a small business concern (1) which is at least 51 percent owned by one or more socially and economically disadvantaged individuals, or in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more socially and economically disadvantaged individuals; and, (2) whose management and daily business operations are controlled by one or more of the socially and economically disadvantaged individuals who own it. 'Small business concern" means a small business as defined pursuant to Section 3 of the Small Business Act and relevant regulations promulgated pursuant thereto, except that a small business concern shall not include any concern or group of concerns owned or controlled by the same socially and economically disadvantaged individual or individuals which has annual average gross receipts in excess of $15,370,000 over the previous three fiscal years. The United States Secretary of Transportation shall adjust this figure from time to time for inflation. f. 'Socially and economically disadvantaged individuals" means those individuals who are citizens of the United States (or lawfully admitted permanent residents), and who are Women, Black Americans, Hispanic Americans, Native Americans, Asian- Pacific Americans, Asian -Indian Americans, and any other minorities or individuals found to be disadvantaged by the Small Business Administration pursuant to Section 8(a) of the Small Business Act.. For covenience, these individuals and groups are referred to as "disadvantaged" in this subpart. The Department may make a rebuttable presumption that individuals in the following groups are socially and economically disadvantaged: (1) "Black Americans," which includes persons having origins in any of the Black racial groups of Africa; (2) "Hispanic Americans," which includes persons of Mexican, Puerto Rican, Cuban, Central or South American, or other Spanish or Portuguese culture or origin, regardless of race; (3) "Native Americans," which includes persons who are American Indians, Eskimos, Aleuts, or Native Hawaiians; (4) "Asian- Pacific American," which includes persons whose origins are from Japan, China, Taiwan, Korea, Vietnam, Laos, Cambodia, the Philippines, Samoa, Guam, the U.S. Trust Territories of the Pacific and the Northern Marianas; (5) "Asian- Indiam Americans," which includes persons whose origins are from India, Pakistan, and Bangladesh; and (6) Women 2 -10 000 -- -443 8 -94 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 "Manufacturing Material Supplier" is a DBE firm that operates or maintains a factory or establishment that produces or significantly alters on the premises the materials or supplies obtained by the Contractor. Should the DBE firm obtain the final product(s) provided to the Contractor from a source other than its own factory or establishment, then the DBE firm, for that case, will not be considered to be a manufacturing material supplier and its supply work will be credited toward the DBE goal using an adjustment percentage no greater than that used for a non - manufacturing material supplier. Brokers and packagers shall not be regarded as manufacturers. h. "Non- manufacturing Material Supplier" is a DBE regular dealer that owns, operates, or maintains a store, warehouse, or other establishment in which the materials or supplies required for the performance of the contract are bought, kept in stock, and regularly sold to the public in the usual course of business. To be a regular dealer, the firm must engage in, as its principal business and in its own name, the purchase and sale of the products in question. A firm which performs supplier -like functions on an "ad hoc" basis, or for only one or two Contractors with whom it has a special relationship, is not regarded to be a regular dealer within the meaning of this provision. A regular dealer in such bulk items as steel, cement, gravel, stone, and petroleum asphalts need not keep such products in stock if it owns or operates distribution equipment. The term for operates" is intended to cover a situation in which the supplier leases the equipment on a regular basis for its business operation. It is not intended to cover a situation in which the firm simply provides drivers for trucks owned or leased by another party, or leases such a party's trucks on an "ad hoc" basis for a specific project or job. Brokers and packagers shall not be regarded as regular dealers. g- i. "Broker" is an intermediary or middleman that does not take possession of a commodity or act as a regular dealer selling to the public. PERCENTAGE GOAL. The percentage goal for DBE participation in the work to be performed under this contract will be as shown on Form DBE contained in the proposal. CONTRACTOR'S RESPONSIBILITIES. These requirements must be satisfied by the Contractor unless he /she is a DBE or in an approved Schedule B joint venture with a DBE. a. After conditional awardof the contract, the Contractor shall furnish the following information soas to arrive in the City Department of Public Works Office in Round Rock, Texas not later than 5:00 p.m. on the fifteenth (15th) day after the conditional awardof the contract. When requested, additional time, not to exceed • 15 days, may be granted based on documentation submitted by the Contractor. (1) The names and addresses of the DBE subcontractors he intends to use to satisfy the DBE goal, (2) An agreement for each proposed DBE containing: (a) The items of work to be performed (b) The quantities of work or materials (c) The unit of measure (d) The unit price (e) The total amount for each item 3 -10 000 -- -443 8-94 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1� 1� b. (f) The total amount of the DBE commitment signed by an officer of the contracting firm and the proposed DBE agreeing that if the contract is signed by the Contractor, the proposed DBE will be given the opportunity to do the respective subcontract work. Note: Only DBE firms meeting the eligibility requirements given in Section 6.d. below will be considered as DBE subcontractors. DBEs will only be allowed to perform work in the categories of work for which they are certified. A Contractor who cannot meet the contract goal, in whole or in part, shall document the steps taken to obtain DBE participation including, but not limited to, the following: (1) Attendance at a pre -bid meeting, if any, scheduled by the Department to inform DBEs of subcontracting opportunities under a given solicitation; (2) Timely advertisement of subcontracting opportunities in general circulation and minority -focus media at least 10 days prior to submission of information required under 5a. and b.; (3) Written notification to DBEs, located within the State of Texas and other States, as appropriate, of subcontracting opportunities soliciting their participation including documentation of follow -up efforts; (4) Efforts made to select work items that can be performed by DBEs in order to increase the likelihood of achieving the stated goal and explanations why other items typically performed by DBEs were not considered; (5) Efforts to negotiate with DBEs for specific sub -bids including, as a.minimum: (a) The names, addresses, and telephone numbers of DBEs that were contacted; (b) A description of the information provided including but not limited to the availability of plans and specifications for the work selected for subcontracting; (c) A statement of why additional agreements could not be reached for DBEs to perform the work. (6) Reasons for rejecting a DBE as unqualified; (7) Reasons for rejecting a DBE's bid; (Rejecting a DBE's bid because it was not the lowest quotation received will not b a satisfactory reason without an acceptable explanation of how it was determined to be unreasonable. A statement, by itself, that the DBE's quotation was more than the Contractor's bid price for an item or items will be unacceptable. (8) Efforts made to assist the DBEs contacted in obtaining bonding and /or insurance if such was required by the Contractor, and if the DBE needed assistance in either area. c. Should the bidder to whom the contract is conditionally awarded refuse, neglect fail to meet the DBE goal or furnish acceptable documentation, the proposal guaranty filed with the bid shall become the property of the City, not as a penalty, but as damages to the Department's DBE Program. 4 -10 or 000 - - -443 8 -94 1 1 1 1 1 1 1 16 . 1 1 1 1 1 1 17 . 1 1 1 d. The preceding information shall be submitted directly to the City Department of Public Works Office; Round Rock, Texas; 221 E. Main Street; Round Rock, Texas 78664 e. The Contractor shall make all reasonable efforts to honor commitments to DBE subcontractors named in the commitment submitted under Section 5.a. of this Special Provision. Prior to .terminating or removing a DBE subcontractor named in the commitment, the Contractor must demonstrate to the satisfaction of the City Department of Public Works Office in Round Rock that the originally designated DBE was not able or willing to perform. f. The Contractor shall also make reasonable effort to replace a DBE subcontractor that is unable to perform successfully with another DBE. Any substitution of DBEs shall be subject to approval by the City Department of Public Works Office in Round Rock. Prior to approving the substitution, the City Department of Public Works Office in Round Rock may request a statement from the DBE concerning it being replaced. The Contractor shall designate a DBE liaison officer who will administer the Contractor's DBE program and who will be responsible for maintenance of records of efforts and contacts made to subcontract with DBEs. h. Contractors are encouraged to investigate the services offered by banks owned and controlled by disadvantaged individuals and to make use of these banks where feasible. g- ELIGIBILITY OF DBEs. a.To ensure that the Department's DBE Program benefits only those firms owned and controlled by socially and economically disadvantaged individuals, the Department will certify the eligibility of DBEs and joint ventures to perform subcontract work on DOT financially assisted contracts. b. This certification will be accomplished through the use of the appropriate certification schedule contained in this Department' DBE Program. c.The Texas Department of Transportation (TxDOT) publishes quarterly a Directory of Disadvantaged Business Enterprises containing the names of firms that have been certified to be eligible to participate as DBEs on DOT financially assisted contracts. An addendum to this Directory is published each month in the TxDOT's "Notice to Contractors of Forthcoming Texas Highway Construction." This Directory is available from the TxDOT's Business Opportunity Program Office for Contractor's information. d.Only DBE firms certified at the time commitments are submitted are eligible to be used in the information furnished by the Contractor as required under Section 5.a. above. e.If, during the course of construction, it becomes necessary to substitute another DBE firm for a firm named in the information submitted by the Contractor, as required by Section 5.a. above, then only DBE firms certified at the time of the substitution embe considered eligible as a substitute firm. DETERMINATION OF DBE PARTICIPATION. DBE participation shall be counted toward meeting the DBE goal in this contract in accordance with the following: 5 -10 000 - - -443 8-94 1 1 a.Once a firm is determined to be an eligible DBE, the total eligible dollar amount paid on the contract or purchase order awarded to the DBE is counted toward the DBE goal. Proof of payment, such as copies of invoices and cancelled checks, may be required to substantiate the payment, as deemed necessary by the Department. Invoices and cancelled checks should specify the Department project number so that proper crediting can be monitored. Invoices and cancelled checks that are not properly identified will not be counted toward the goal. b.A Contractor may count toward its DBE goal contract fees paid to disadvantaged truck owner- operators provided the following requirements are met: (1) Truck Owner- Operators must be certified as eligible to participate in this program through submitting a Schedule to the City Department of Public Works Office. (2) To receive credit toward the DBE goal for certified disadvantaged Truck -Owner Operators, the contractor must furnish the Engineer and the City Department of Public Works Office the following information on each owner- operator to be used: (a) name of owner- operator (b) social security number (c) DBE vendor number (3) The record of payments to each disadvantaged Truck Owner- Operator, whether paid by the prime Contractor or one of his subcontractors, must be attached to the prime Contractor's monthly report for the respective month to receive credit toward the DBE goal for the earnings of disadvantaged Truck Owner- Operators. c.A Contractor may count toward its DBE goal a portion of the dollar amount paid to a joint venture equal to the percentage of the ownership and control of the DBE partner in the joint venture. d.(1) A Contractor may count toward its DBE goal only expenditures to DBEs that perform a commercially useful function in the work of a contract or purchase order. A DBE is considered to perform a commercially useful function when it executes a distinct element of the work of a contract or purchase order and is responsible for the management, supervision, and control of the materials,- equipment, employees, and all other business obligations attendant to the satisfactory completion of the contracted work or purchase order. (2) Consistent with industry practices and the Department's Program, a DBE subcontractor may enter into second -tier subcontracts, amounting to up to 70 percent of their contract. Brokers and firms with brokerage -type operations will not be considered to be performing a commercially useful function and will only receive credit for their commission. (3) Following are two basic examples of a DBE not performing a commercially useful function, and the sanctions that may be levied by the Department: (a) In the event that the prime Contractor or his non -DBE subcontractor(s) is found to be involved in the actual execution of the DBE's subcontracted work function, the prime Contractor will be denied credit toward his goal for the amount of the dollar value of the work performed on the DBE's subcontract at the time that the DBE is discovered not to be performing a commercially useful function; or 6 -10 000 - - -443 8 -94 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1' e. (b) In the event that the DBE subcontractor permits its work to be performed by another Contractor who is not a recognized second -tier subcontractor, he /she shall be considered not to be performing a commercially useful function, and the Department may suspend the DBE subcontractor's certification and will deny the prime Contractor credit toward its goal for the entire amount of the work subcontracted to the DBE. A Contractor may count toward its DBE goals expenditures for materials and supplies obtained from DBE suppliers and manufacturers, provided that the DBEs assume the actual and contractual responsibility for the provision of the materials, goods and services. (1) The Contractor may count its entire expenditure to a DBE manufacturing material supplier. In order to be considered a manufacturing firm, a DBE must conform to the definition given in Section 3.g. of this special provision. Should the DBE firm obtain the final product(s) provided to the Contractor from a source other than its own factory or establishment, then the DBE firm, for that case, will not be considered to be a manufacturing material supplier and its supply work will be credited toward the DBE goal using an adjustment percentage no greater than that used for a nonmanufacturing material supplier. Brokers and firms with brokerage -type operations will not be considered to be performing a commercially useful function and will only receive credit for their commission. Joint checks to material suppliers will not be allowed for DBE goal credit. If joint checks are required by the suppliers of raw materials to a DBE manufacturing material supplier which incorporates the raw materials into a finished product (e.g., cement, sand and gravel used to produce concrete), the Contract may issue joint checks in those instances and receive 100 percent credit for the manufactured product. However, the joint check arrangement must be included in the agreement submitted to the City Department of Public Works Office pursuant to Section 5.a. (2) The Contractor may count 60 percent of its expenditures to DBE non - manufacturing material suppliers provided that the DBE supplier performs a commercially useful function in the supply process. In order to be considered a nonmanufacturing material supplier, a DBE must conform to the definition given in Section 3.h. of this special provision. Brokers and firms with brokerage -type operations will not be considered to be performing a commercially useful function and will only receive credit for their commission. Joint checks to suppliers of materials, good and services will not be allowed for DBE goal credit unless required by the manufacturers and approved by the City Department of Public Works Office. (3) Material Suppliers listed on Contractor commitments must give an explanation of the function they will perform on each project. Details of any arrangements made with other material suppliers, manufacturers, distributors, hauling firms, freight companies, etc. must be submitted to the City Department of Public Works Office with the commitment. f.A Contractor may count toward its DBE goal the following expenditures to DBE firms that are not manufacturing material suppliers or non - manufacturing material suppliers: (1) The fees or commissions charged for providing a bona fide service, such as professional, technical, consultant, or managerial services, and assistance in the procurement of essential personnel, facilities, equipment, materials, or supplies required for performance of the contract, provided that the fee or commission is determined by the Department to be reasonable and not excessive as compared with fees customarily allowed for similar services. 7 -10 000 - - -443 8 -94 1 1 1 1 1 1 1 1 8. 1 1 1 1 1 11 g. (2) The fees cliarged for delivery of materials and supplies required on a job site (but not the cost of the materials and supplies themselves) when the hauler, trucker, or delivery service is not also the manufacturer of or a regular dealer in the materials and supplies, provided that the fee is determined by the Department to be reasonable and not excessive as compared with fees customarily allowed for similar services. (3) The fees or commissions charged for providing any bonds or insurance specifically required for the performance of the contract, provided that the fee or commission is determined by the Department to be reasonable and not excessive as compared with fees customarily allowed for similar services. If a Contractor chooses to assist a DBE firm, other than a supplier of materials, goods or services, by assuring payment for the materials to be placed in the DBE's work and wants to receive credit toward the DBE goal for the cost of the material, then the material supplier may invoice the DBE firm and be paid by remittance from the DBE firm or the material supplier may invoice the prime Contractor and the DBE firm jointly and be paid by the prime Contractor making remittance to the DBE firm and the material supplier jointly. No credit will be given toward the DBE goal for the cost of the DBE's required materials paid by the prime Contractor directly to the material supplier. H. No credit will be given toward the DBE goal for the cost of materials placed by a DBE firm or for the cost of equipment leased or rented and used in the DBE firm's work when payment for those costs is effected by making a deduction from the prime Contractor's payment(s) to the DBE firm. COMPLIANCE OF CONTRACTOR. To ensure that DBE requirements of this DOT assisted contract are complied with, the Department will monitor the Contractor's efforts to involve DBEs during the performance of this contract. This will be accomplished by a review of monthly reports submitted to the City Department of Public Works Office by the Contractor indicating his progress in achieving the DBE contract goal, and by compliance reviews conducted on the project site by the Department. The Contractor shall receive credit toward the DBE goal based on actual payments to the DBE subcontractor. The Contractor shall notify the City Department of Public Works Office if he /she withholds or reduces payment to any DBE subcontractor. The Contractor shall submit an affidavit detailing the DBE subcontract payments prior to receiving final payment for the contract. Contractors' requests for substitutions of DBE subcontractors shall be accompanied by a detailed explanation which should substantiate the need for a substitution. The City Department of Public Works Office may verify the explanation with the DBE firm being replaced before giving approval of the substitution. The Contractor may not be allowed to count work on those items being substituted toward the DBE goal prior to approval of the substitution from the City Department of Public Works Office. The Contractor's providing work crews and equipment to DBEs is prohibited. The occasional formal leasing of a major piece of equipment with or without operator by the prime Contractor to a DBE will be considered on a case -by -case basis by the City Department of Public Works Office. A Contractor's failure to Meet the DBE goal, honor his /her commitments and failure to demonstrate, to the Department's satisfaction, sufficient efforts on his /her part to obtain DBE participation, or failure to abide by the requirements of the contract calling for contractor enforcement of the commercially useful function provision, shall constitute a breach of contract. In such a case, the Department reserves the right to terminate the contract; to deduct the amount of DBE goal not accomplished by DBEs from the money due or to become due the Contractor, not as a penalty but as damages to the Department's DBE Program; or such other remedy or remedies as the Department deems appropriate. 8 -10 000 - - -443 8 -94 19 . 1 1 1 1 1 1 1 1 1 1 1 1 1. 1. 1 RECORDS AND REPORTS. a. After submission of the initial report required by Section S(a) of this Special Provision, the Contractor shall submit monthly reports, after work begins, on DBE involvement. One copy of each monthly report is to be sent to the City Department of Public Works Office , and one copy is to be sent to the Engineer. These reports will be due within fifteen (15) days after the end of a calendar month. These reports will be required until all DBE subcontracting or contracting or material supply activity is completed. Form No. SMS.4901, DBE Monthly Progress Report, and Form No. SMS.4902, Monthly Progress Report (for) Non -DBE Haulers, are to be used for monthly reporting. Form No. SMS.4903, DBE Final Report, is to be used as a final summary of DBE activity submitted upon completion of the project. These forms may be obtained from the Business Opportunity Program Office of the Texas Department of Transportation; 125 E. 11` Street; Austin, Texas, 78701 -2483, or may be reproduced by the Contractor. The Department may verify the amounts being reported as paid to DBEs by requesting copies of cancelled checks paid to DBEs on a random basis. Cancelled checks and invoices should reference the Department's project number. b. If the DBE goal is not being met, the monthly report shall include a narrative description of the progress being made in involving DBEs in subcontract work and /or as material suppliers. If sufficient DBE subcontractors and /or material suppliers to meet the goals are being utilized, they should be identified on the monthly report by Vendor Number, name, and the amount of actual payment made to each during the monthly period. Negative reports are required when no activity has occurred in a monthly period. c. Monthly reports for Truck Owner- Operators should be in the form of a list of Truck Owner- Operators paid that month, including Vendor Number and the amount of payment made to each. d. All such records must be retained for a period of three years following completion of the contract work, and shall be available at reasonable times and places for inspection by authorized representatives of the Department or the DOT. e. Prior to receiving final payment, the Contractor shall submit an affidavit detailing the DBE subcontract payments. Form No. SMS.4903, DBE Final Report, is to be used for the Final Report. This form may be obtained from the Department or may be reproduced by the Contractor. If the DBE goal requirement is not met, documentation supporting Good Faith Efforts, as outlined in Section 5(b) of the Special Provision, must be submitted with the DBE Final Report. ARTICLE B: Minority Business Enterprise Requirements It is the policy of the DOT that Minority Business Enterprises as defined in 49 CFR Part 23, Subpart A, shall have the maximum opportunity to participate in the performance of contracts financed in whole or in part with Federal funds. Consequently, if the DBE goal is zero, the Minority Business Enterprise requirements of 49 CFR Part 23, exclusive of Subpart D, apply to this contract as follows: The Contractor agrees to insure that DBEs as defined in 49 CFR Part 23, Subpart A, have the maximum opportunity to participate in the performance of contracts and subcontracts financed in whole or in part with Federal funds. In this regard, the Contractor shall take all necessary and reasonable steps in accordance with 49 CFR Part 23, exclusive of Subpart D, to insure that Disadvantaged Business Enterprises have the maximum opportunity to compete for and perform contracts. The Contractor and any Subcontractors shall not discriminate on the basis of race, color, national origin or sex in the award and performance of contracts funded in whole or in part with Federal funds. 9 -10 000 -- -443 8 -94 1 These requirements shall be physically included in any subcontract. Failure to carry out the requirements set forth above shall constitute a breach of contract and, after the notification of the Department, may result in termination of the contract by the Department or other such remedy as the Department deems appropriate. 10 -10 000 - - -443 8 -94 1 1 ' To report bid rigging activities call: 1- 800 - 424 -9071 ' The U.S. Department of Transportation (DOT) operates the above toll -free "hotline' Monday through Friday, 8:00 a.m. to 5:00 p.m., eastern time. Anyone with knowledge of possible I bid rigging, bidder collusion, or other fraudulent activities should use the 'hotline" to report such activities. The "hotline" is part of the DOT's continuing effort to identify and investigate highway II construction contract fraud and abuse and is operated under the direction of the DOT Inspector General. All information will be treated confidentially and caller anonymity will be respected. 1 1 1 1 1 1 1 1 1 1 1- 1" 1993 Specifications SPECIAL PROVISION NOTICE TO ALL BIDDERS 1 - 1 000 - - -482 9 -94 111993 Specifications, 1 11 . 1 1L. 1 1 1 1 1 1 1 1 1 1 1 1 r 1Y i SPECIAL PROVISION NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL EMPLOYMENT OPPORTUNITY (EXECUTIVE ORDER 11246) GENERAL In addition to the affirmative action requirements of the Special Provision titled "Standard Federal Equal Employment Opportunity Construction Contract Specifications" as set forth elsewhere in this proposal, the Bidder's attention is directed to the specific requirements for utilization of minorities and females as set forth below. GOALS a. Goals for minority and female participation are hereby established in accordance with 41 CFR 60 -4. b. The goals for minority and female participation expressed in percentage terms for the Contractor's aggregate work force in each trade on all construction work in the covered area, are as follows: Goals for minority Goals for female participation in participation in each trade (per- each trade (per- cent) cent) See Table 1 6.9 c. These goals are applicable to all the Contractor's construction work (whether or not it is Federal or federally assisted) performed in the covered area. If the Contractor performs construction work in a geographical area located outside of the covered area, it shall apply the goals established for such geographical area where the work is actually performed. With regard to this second area, the Contractor also is subject to the goals for both its federally involved and non - federally involved construction. The Contractor's compliance with the Executive Order and the regulations in 41 CFR Part 60 -4 shall be based on its implementation of the Standard Federal Equal Employment Opportunity Construction Contract Specifications Special Provision and its efforts to meet the goals. The hours of minority and female employment and training must be substantially uniform throughout the length of the contract, and in each trade, and the Contractor shall make a good faith effort to employ minorities and women evenly on each of its projects. The transfer of minority and female employees or trainees from Contractor to Contractor or from project to project for the sole purpose of meeting the Contractor's goals shall be a violation of the contract, the Executive Order and the regulations in 41 CFR Part 60 -4. Compliance with the goals will be measured against the total work hours performed. 1 -2 000 -1981 9 -97 ' 3 1 1 1 1 1 d. A contractor or subcontractor will be considered in compliance with these 'provisions by participation in the Texas Highway Heavy Branch, AGC, Statewide Training and Affirmative Action Plan. Provided that each contractor or subcontractor participating in this plan must individually comply with the equal opportunity clause set forth in 41 CFR 60 -1.4 and must make a good faith effort to achieve the goals set forth for each participating trade in the plan in which it has employees. The overall good performance of other contractors and subcontractors toward a goal in an approved plan does not excuse any covered contractor's or subcontractor's failure to make good faith efforts to achieve the goals contained in these provisions. Contractors or subcontractors participating in the plan must be able to demonstrate their participation and document their compliance with the provisions of this Plan. SUBCONTRACTING The Contractor shall provide written notification to the Department within 10 working days of award of any construction subcontract in excess of $10,000 at any tier for construction work under the contract resulting from this solicitation pending concurrence of the Department in the award. The notification shall list the names, address and telephone number of the subcontractor; employer identification number; estimated dollar amount of the subcontract; estimated starting and completion dates of the subcontract; and the geographical area in which the contract is to be performed. 4. COVERED AREA As used in this special provision, and in the contract resulting from this solicitation, the geographical area covered by these goals for female participation is the State of Texas. The geographical area covered by these goals for other minorities are the counties in the State of Texas as indicated in Table 1. 5. REPORTS The Contractor is hereby notified that he may be subject to the Office of Federal Contract Compliance Programs (OFCCP) reporting and record keeping requirements as provided for under Executive Order 11246 as amended. OFCCP will provide direct notice to the Contractor as to the specific reporting requirements that he will be expected to fulfill. 1 TABLE 1 Goals for Minority Goals for Minority ounty Participation County Participation 1 BELL 16.4 TRAVIS 24.1 .. EXAR 47.8 Williamson 24.1 I RAZOS 23.7 cOMAL 47.8 CORYELL 16.4 il UADALUPE 47.8 ..AYS 24.1 MCLENNAN 20.7 2 -2 0 00 - 198 1 9 -97 1 1993 Specifications 1 1 1 1 i 1 1 1 1 1 1 1 1 1 1 SPECIAL PROVISION SCHEDULE OF LIQUIDATED DAMAGES For Amount Amount of of Contract Liquidated From More To and Damages Per Than Inch__ uding Working Day $ 0 $ 100,000 $ 350 100,000 500,000 450 500,000 1,000,000 650 1,000,000 2,000,000 750 2,000,000 5,000,000 1,000 5,000,000 10,000,000 1,350 10,000,000 15,000,000 1,800 15,000,000 20,000,000 2,200 20,000,000 Over 20,000,000 2,700 1 -1 000 -2047 11 -97 SPECIAL PROVISION TO ITEM 2 (3) Contents of Proposal Forms. A proposal form will include: Page 1 of 4 INSTRUCTIONS TO BIDDERS For this project, Item 2, "Instructions to Bidders ", of the Standard Specifications, is hereby amended with respect to the clauses cited below and no other clauses or requirements of this Item are waived or changed hereby. Article 2.1. Contents of Proposal Forms is voided and replaced by the following: 2.1. Requests for, Issuance of, and Contents of Proposal Forms (1) Requests for Proposal Forms. A request for a proposal form on a state funded construction or maintenance contract may be made orally or in writing. A request for a proposal form on a federal -aid construction or maintenance contract must be submitted in writing, and must include a statement in a form prescribed by the City certifying whether the bidder is currently disqualified by an agency of the federal government as a participant in programs and activities involving federal financial and nonfinancial assistance and benefits. (2) Issuance of Proposal Forms. (a) Issuance of Proposal Forms for Construction and Maintenance Contracts. The City will, upon receipt of a request, issue a proposal form for a construction or maintenance contract as follows: 1. For a project on which audited financial prequalification is required, only to a prequalified bidder, and only if the estimated cost of the project is within that bidder's available bidding capacity; and 2. For a project on which audited financial qualification is waived under Article 2.4, only if the estimated cost of the project is within that bidder's available bidding capacity. (b) Non - issuance of Proposal Forms for Construction and Maintenance Contracts. The City will not issue a proposal form requested by a bidder for a construction or maintenance contract: 1. For a federal -aid project, if at the time of the request the bidder is disqualified by an agency of the federal government as a participant in programs and activities involving federal assistance and benefits; 2. For all projects, if at the time of the request the bidder is suspended or debarred by order of the City Council, or is prohibited from rebidding a specific project because of default of the first awarded bid; 3. For all projects, if at the time of the request the bidder has not fulfilled the requirements for qualification under Article 2.4; 4. For all projects, if at the time of the request the bidder has failed to attend a mandatory pre-bid conference; or 5. For all projects, if the bidder or a subsidiary or affiliate of the bidder has received compensation from the City to participate in the preparation of the plans or specifications on which the bid or contract is based. (c) Informational Proposal. The City will issue an information proposal form upon request. Pr.:prot Mwaut doc L prmcd12/I8N' 11:5.3 AM 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1- 1- F' i I. The location and description of the proposed work; 2. An estimate of the various quantities and kinds of work to be performed or materials to be furnished; 3. A schedule of items for which unit prices are requested; 4. The time within which the work is to be completed; and 5. The special provisions and special specifications. Page 2 of 4 Article 2.4. Competency of Bidders is supplemented by the following: To be eligible as a subcontractor for a construction or maintenance contract, a subcontractor must submit a completed subcontractors questionnaire. Article 2.5. Preparation of Proposal is voided and replaced by the following: 2.5. Preparation of Proposal. The bidder shall submit his proposal on the form furnished to him by the City except as provided below. Writing in words in ink shall fill in the blank spaces for each item as required in the proposal. The bidder shall submit a unit price, in dollars and/or cents, for each item for which a bid is requested (including a zero if appropriate), except in the case of a bid item for which there is an alternate bid item. In such case, prices must be submitted for the base bid or for the items of one or more of the alternates. A bid item left blank, except in the case of an alternate will constitute an incomplete bid. The proposal shall be executed in ink in the complete and correct name of the bidder making the proposal and shall be signed by the person or persons authorized to bind the bidder. Bidders, at their option, in lieu of hand writing the unit prices in words in ink in the proposal, may submit an original computer printout sheet bearing certification by and signature for the bidding firm. The unit prices shown on acceptable printouts will be the unit prices used to tabulate the bid and used in the contract if awarded by the Council. As a minimum, computer printouts must contain the information in the arrangement shown on the "Example of Bid Prices Submitted by Computer Printout" form in the proposal. A bidding proposal on a federal -aid project shall include, in a form prescribed by the City, a certification of eligibility status. The certification shall describe any suspension, debarment, voluntary exclusion, or ineligibility determination actions by an agency of the federal government, and any indictment, conviction, or civil judgment involving fraud or official misconduct, each with respect to the bidder or any person associated therewith in the capacity of owner, partner, director, officer, principal investor, project director /supervisor, manager, auditor, or a position involving the administration of federal funds; and shall cover the three (3) year period immediately preceding the date of the proposal. Information adverse to the bidder as contained in the certification will be reviewed by the City, the Department of Transportation (TxDOT) and by the Federal Highway Administration (FHWA), and may result in rejection of the bid and disqualification of the bidder. Article 2.6. Resection of Proposals. The second paragraph is voided and replaced by the following: Any proposal that has one or more of the deficiencies listed below will be considered to be non - responsive and will not be read publicly. I. The proposal certification and/or affirmation are not signed. 2. The proposal guaranty is not a cashier's check or a bank money order on a State or National Bank, or a cashier's check or money order on a State or National Savings & Loan Association, or a cashiers check or money order on a State or Federally Chartered Credit Union, payable to the order of the City of Round Rock. Prr ;ect Manual dm L_rr panted 12/t&7 11 33 AM Page 3 of 4 3. The proposal guaranty check is not payable at or through the institution issuing the instrument or the guaranty instrument does not state that the issuing institution is both the drawer and the drawee of the official obligation to pay the amount stated. 4. The proposal guaranty is less than the amount prescribed by the proposal. 5. The proposal guaranty check is labeled "Officer's Check ", "Official Check" or "Tellers Check ". 6. The proposal is submitted by an unqualified bidder. 7. The bidder did not attend a specified mandatory pre -bid conference. 8. The proposal is in a form other than the official proposal form issued to the bidder. 9. The proposal was received after the time or at some location other than that specified in the advertisement. 10. The unit prices are written in the proposal in numerals. 11. The proposal submitted has too few or too many bid items due to the bidder not submitting the latest revised version of the proposal. 12. The proprietor, partner, majority shareholder or substantial owner is 30 or more days delinquent in providing child support under a court order or a written repayment agreement. 13. A computer printout proposal, when used, does not have the unit bid prices entered in designated spaces, does not include the proper certification, is not signed in the name of the firm to whom the proposal was issued, or omits required bid items or includes items not shown in the proposal. 14. The bidder was not authorized to be issued a proposal under Subarticle 2.1.(2). 15. If more than one proposal involving a bidder under the same or different names is submitted, the City will not accept and will not read any of the proposals submitted by that bidder. Article 2.7. Proposal Guaranty. The first paragraph is voided and replaced by the following: The proposal shall be accompanied by a proposal guaranty in the amount indicated in the proposal. The proposal guaranty shall be payable to the City of Round Rock City and shall be a cashiers check or a bank money order on a State or National Bank or a Savings and Loan Association, or a State or Federally Chartered Credit Union. A check or money order must be payable at or through the institution issuing the instrument, or must state that the issuing institution is both the drawer and the drawee of the official obligation to pay the amount stated. The City will not accept as a proposal guaranty: 1. a check labeled "Official Check ", "Officers Check ", or "Tellers Check "; 2. personal checks or certified checks; 3. other types of money orders or bank drafts; or 4. bid bonds. Article 2.10. Withdrawal of Proposal is voided and replaced by the following: 2.10. Withdrawal of Proposal. A bidder may withdraw a proposal by submitting a request in writing to the Letting Official. The City will not accept telephone or telegraph requests, but will accept a properly signed telefacsimile request. The request must be made by a person authorized to bind the bidder, and must be in the hands of the Letting Official before the scheduled bid opening. Article 2.11. Public Onenina of Proposals is voided and replaced by the following: Pn - Manu.^.! dc; Lucpnrtcd 1 .7 ! I:53 AM Page 4 of 4 2.11. Public Opening of Proposals. Bids will be opened and read at a public hearing conducted by the Director of the City's Construction and Maintenance Division, or his or her designee, on behalf of the City Council. Each hearing shall be in the City of Round Rock, at the time and location specified in the advertisement. Article 2.12. Disqualification of Bidder. The second paragraph is voided and not replaced. The following article is added to this Item: Article 2.14. Child Support Order Compliance. A child support obligor who is more than 30 days delinquent in paying child support and a business entity in which the obligor is a sole proprietor, partner, shareholder or owner with an ownership interest of at least 25 percent is not eligible to receive payments from state funds under a contract to provide property, materials, or services; or receive a state- funded grant or loan. By signing the contract, the Contractor, under penalty of perjury under the laws of the State of Texas, certifies that the sole proprietor, partner, shareholder or owner of the firm is not 30 or more days delinquent in providing child support. By signing the contract, the Contractor makes material representation of fact upon which reliance is placed as the City enters into the contract If it is later determined that the Contractor knowingly rendered an erroneous representation, in addition to other remedies available, the Department may terminate the contract for cause or default. The Contractor shall provide immediate written notice to the City if at any time it learns that its representation was erroneous when submitted or has become erroneous by reason of changed circumstances. t rtan lranu:J dcc Lea pm;5J 1221S/97 I SPECIAL PROVISION TO ITEM 7 Page 1 of 2 "LEGAL RELATIONS AND RESPONSIBILITIES TO THE PUBLIC" For this project, in addition to any forms of insurance or bond required under the terms of the contract and specifications, the Contractor will be required to carry insurance in the following kinds and amounts: I. Comprehensive General Liability Policy. The Contractor shall furnish evidence to the City of Round Rock, Texas that, with respect to the operations he performs, he carries a standard Comprehensive General Liability Insurance Policy providing limits of not less than two million dollars ($2,000,000) for bodily injury and property damage per occurrence and not less than two million dollars (S2,000,000) aggregate for all occurrences. If any part of the work is sublet similar insurance shall be provided by or in behalf of the subcontractors to cover their operations. 2. Contractors' Protective Liability Insurance. The Contractor shall furnish evidence to the City of Round Rock, Texas that with respect to the operations performed for him by subcontractors, he carries in his own behalf a Contractors' Protective Liability Insurance policy providing for a limit of not less than two million dollars (S2, 000,000) for bodily injury and property damage per occurrence and not less than two million dollars (S2, 000,000) aggregate for all occurrences. 3. Railroads' Protective Liability (which includes Bodily Injury, Property Damage and Physical Damage Insurance). The Contractor shall furnish an original policy to the City of Round Rock, Texas for and in behalf of the Railroad which, with respect to the operations he or any of his contractors perform, provides the standard Railroad Protective Liability policy, with a limit of not less than two million dollars ($2,000,000) for bodily injury' property damage and physical damage to property and not less than =million dollars ($6,000,000) aggregate for all occurrences. With respect to the above outlined insurance requirements for Railroads, the following shall govern: a. Where one Railroad Company is involved, the Contractor shall provide one insurance policy in the name of the Railroad Company. However, if more than one grade separation is involved on the project at entirely separate locations on the line or lines of the same Railroad Company, separate coverage shall be provided, each in the amounts stated above. Dual lane structures at the same highway location will be considered as one structure and only one policy will be required. b. Where more than one Railroad Company is operating on the same right of way or where several Railroad Companies are involved and operate on their own separate rights of way, the Contractor shall provide separate insurance policies in the name of each Railroad Company. c. If, in addition to a grade separation, other work is proposed on a Railroad Company's right of way at a location entirely separate from the grade separation, insurance coverage for this work shall be included in the policy covering the grade separation. - d. If no grade separation is involved but other work is proposed on a Railroad Company's right of way, all such other work may be covered in a single policy for that railroad even though the work may be at two or more separate locations. If other work is proposed on two or more Railroad Companies' rights of way or where other work is proposed Pnnect Manual do: Lrt rantrd 1318/97 1 1:53 AM 1 1 1 1 1 1 1 1 1 Page 2 of 2 involving two or more Railroad Companies operating on the same right of way, separate insurance policies must be provided for each Company. 4. General. No work on Railroad Company's property to be performed by the Contractor shall be commenced until the Contractor has furnished the City of Round Rock, Texas certification of required "Comprehensive General liability Policy" and an original policy of required "Railroad Protective Liability (which includes Bodily Injury, Property Damage and Physical Damage Insurance)" for each Railroad Company named, as required by Paragraph No. 3, above. The insurance, as specified in paragraphs numbered 1 and 2 above, shall be carried until all work required to be performed under the terms of the contract is satisfactorily completed as evidenced by the formal acceptance by the City of Round Rock, Texas. The insurance, as specified in paragraph number 3 above, shall be carried until all work to be performed on the railroad right of way has been completed and the temporary grade crossing, if any, is no longer used by the Contractor. No direct compensation will be made to the Contractor for providing the insurance policies required herein as the costs involved shall be included in the unit prices bid for the several pay items of the proposal. Ihoir I Manual do: Lorpmnrd I2 /IS,'•% 11:53 AM