The URL can be used to link to this page

R-01-10-11-12F2 - 10/11/2001RESOLUTION NO. R- 01- 10- 11 -12F2 WHEREAS, the City of Round Rock has duly advertised for bids for the construction of the Re -Route of Wastewater Network (EW01), and WHEREAS, Richard Waters Construction, Inc. has submitted the lowest responsible bid, and WHEREAS, the City Council wishes to accept the bid of Richard Waters Construction, 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 Richard Waters Construction, Inc. for the Re -Route of Wastewater Network (EW01). 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. RESOLVED this 11th day of Octo. =..r: 001. ROB •T A. STLUKA, J•, Mayor E LAND, City Secretary . ODNa\ RORLDOX\ O . \14DOX \R650L111I \R11011P2.RPD /ac City of Round Rock, Texas BAKER - AICKLEN & ASSOCIATES, INC. Engineers /Surveyors September 19, 2001 City of Round Rock Public Works Department 2008 Enterprise Round Rock, TX 78664 Attn: Mr. Jame Nuse, P.E. RE: Re -Route of Wastewater Network (EW01) Dear Mr. Nuse: As you are aware, bids were opened at 2:30 p.m., Tuesday, September 11, 2001 for the "Re- Route of Wastewater Network (EWO1)" project. A total of two (2) bids were received, with the lowest base bid submitted being from Richard Waters Construction, Inc., of Austin, TX in the amount of $55,538.85. A complete bid tabulation is enclosed for your review. We have interviewed the references supplied by Richard Waters Construction and are satisfied as to their capabilities to complete the project. By virtue of the contractor's past experience, performance and submission of the lowest base bid, we recommend award of this contract to Richard Waters Construction. If you have any questions or comments, please feel free to call at your convenience. Sincerely, Antonio A. Prete, E.I.T. Project Manager Enc. cc: Larry Madsen, Dept. of Public Works Richard Waters Construction n.UOI -576\ Contractor Recommendatton.doc 203 E. Mein St., Suite 201 • Round Rock, Texas 78664 • 512/244 -9620 • FAX 512/244 -9623 Bid Item Quantity Unit Richard Water Construction, Inc. Austin, TX Chasco Contracting Round Rock, TX Bid Bond? Yes Bid Bond? Yes Addendums Yes Addendums Yes Unit Price Cost Unit Price Cost 1 Mobilization, complete in place. 1 LS 5 996.49 5 996.49 $ 3,900 00 $ 3900.00 2 Unclassified excavation and grading, complete in place. 1 LS $ 1,179.66 $ 1,179.66 $ 1,600.00 $ 1,600.00 3 Stabilized construction entrance/exit complete in place. 2 EA $ 344.45 ' $ 688.90 $ 1,100.00 5 2,200.00 4 Silt fence, complete in place. 277 LF $ 1.85 $ 512.45 $ 2.00 $ 554.00 5 Tree protection, complete in place. 1 LS $ 650.10 $ 650.10 $ 1,100.00 $ 1,100.00 6 Tree to be removed and back filled, complete in place. 1 EA $ 472.82 $ 472.82 $ 520.00 $ 520.00 7 Rock Berm, complete in place. 85 LF $ 18.35 L$ ..i„-,.,�c:., 1,559.75 $ 16.00 $ 1,360.00 8 Revegitation, complete in place. 1 LS $ 746.94 $ 746.94 $ 1,400.00 $ 1,400.00 9 6" Thick concrete trench cap, complete in place. 75 LF $ 25.60 1$ - , '. 1,920.00 ti«c,.w„„„,,..,- $ 13.00 $ 975.00 10 6" Sch. 40 P.V.C. wastewater senrice lateral, including all appurtenances, complete in place. 20 LF 5 16.21 i $ 324.20 .- ' ' $ 52.00 5 1,040.00 11 8" S.D.R. 26 (minimum pressure rating 150 psi) wastewater including all appurtenances, complete in place. 275 I.F $ 58.43 1 $ • $:' ' , : . 16,068.25 ' i - i' $ 59.00 $ 16,225.00 Permanently abandon wastewater manhole, grout seal to 4-/- 3" above soffit of wastewater line, fill remainder of wastewater manhole with the compacted crushed limestone, lower wastewater manhole as per plans, complete in place. $ 612.42 $ ' 2,449.68 $ 2,200.00 $ 8,800.00 13 Standard 4' dia. wastewater manhole, including gasket, bolted manhole cover, Ravin 404 coating (or approved equal), shrink wrap outside of wastewater manhole, and all appurtenances, complete in place. 2 EA $ 4,326.57 $ 8,653.14 $ 5,500.00 5 11,000.00 Project: Re -Route of Wastewater Network (E W01) Owner. City of Round Rock Job Number. 601 -576 Bid Date: September 11,2000 Project Location: Round Rock, Williamson County, Texas 131dT bulallon 9/19/2001 9.42 AM Baker- Aaklen & Arsocmrer, Inc Bid Item Quantity Unit Richard Water Construction, Inc. Austin, TX Chasco Contracting Round Rock, TX Bid Bond? Yes Bid Bond? Yes Addendums Yes Addendums Yes Unit Price Cost Unit Price Cost 14 Grout seal interior walls of wastewater manhole, seal manhole with Ravin 404 coating (or approved equal), shrank wrap outside of wastewater manhole, complete in place. 4 EA $ 2,213.52 $ 8,854.08 $ 4,600.00 $ 18,400.00 15 Core existing wastewater manhole, insert gasket, and provide grout seal inside and out, complete in place. 2 EA $ 1,066.12 $ 2,132.24 $ 650.00 $ 1,300.00 16 Re -cast wastewater manhole base, provide new grade ring, gasket, and bolted manhole cover and all appurtenances, complete in place. 1 EA $ 2,364.00 $ 2,364.00 $ 1,700.00 $ 1,700.00 17 Remove 12" mechanical wing nut test plug, permanently plug and grout seal 12' wastewater line, complete in place. 1 EA $ 622.13 $ 622.13 $ 800.00 $ 800 00 18 Permanently plug & grout seal 6" wastewater line, complete in place. I EA $ 497.70 $ 497.70 $ 600.00 S 600.00 19 Remove 12" wastewater line between existing wastewater manhole and proposed wastewater manhole, complete in place. 10 LF $ 77.14 $ 771.40 $ 39.00 $ 390.00 20 Jack 8" line into existing 15" sleeve with spacers, including grouting ends of sleeves, complete in place. 1 EA $ 1,430.88 $ 1,430.88 $ 1,500.00 $ 1,500.00 21 Trench Safety Systems, complete in place. 1 LS S 2,644.04 $ 2,644.04 $ 1,300.00 $ 1,300.00 TOTAL BASE BID (Items 1 through 21): S 55,538.85 $ 76,664.00 Note: Cells which are shaded show mathematical errors made on the contractors bid sheet. This bid sheet shows the correct total cost based upon the contractors unit cost for the applicable item. BldTa bulation 9119/2001 9:42 AM BakewAicklen & Associates, Inc FROM : RICHARD WATERS CONST Richard Waters Construction, Inc. September 18, 2001 Mr. Tony Prete Baker - Aicklen & Associates, Inc. 203 E. Main St. Round Rock, Tx. 78664 Re: Re -route Wastewater Network Dear Tony: There was a transcription error made on unit price of some of the bid items for the above project. To clarify our bid: Item 3 was 2 Stabilized construction entrance /exit completed in place at aunit price of $344.45 each for a total of 5688.90. Item 7 is 85 If of Rock Berm, complete in place at $18.35 per If for a total of $1,559.75 Item 9 is 75 if of 6" thick concrrete trench cap, complete in place at $25.60 per If for a total of $1,920.00 Item 10 is 20 if of 6" sch. 40 PVC wastewater service lateral, including all appurtenances, complete in place at $16.21 per If for a total of $324.20. Item 11 is 275 If of 8" SDR 26 wastewater tine, including all appurtenances, complete in place at 858.43 per If for a total of $16,068.25. Our total bid price is revised to $55,538.85. Sincerely, 1 1/#- Barbara Waters President FAX N0. : 512 331 0008 Sep. 19 09:10AM P1 > 13.9X 2Q4372 AUSTIN TX 78720 (512) 257 -1974 FAX (5121,, QQQ$ RE — ROUTE OF WASTEWATER NETWORK (EW01) CONTRACTOR REFERENCE INTERVIEWS Contractor: Richard Waters Construction, Inc. P.O. Box 204372 Austin, TX 78720 Reference Contacted: Entity or Company: Texas Parks & Wildlife Department Contact Person: Marcia Purvis, Project Manager (512) 389 -4750 TYPE OF PROJECT: Water & Wastewater improvements. Approximate Cost: 700 Thousand Dollars WAS PROJECT COMPLETED ON TIME? Yes. QUALITY OF WORKMANSHIP AND EMPLOYEES: The superintendent on the job was very good. COMMENTS REGARDING BUDGET /CHANGE ORDERS: Change Orders were not well thought out and executed in a professional manner, by all parties involved. Project Manager felt change orders were high. GENERAL COMMENTS: Contractor exhibits the experience of performing utility work, however, supervision of the contractor is recommended. WOULD YOU USE CONTRACTOR AGAIN? Yes, if a full time inspector is available. INTERVIEWED BY: Date: 17 Sept. 01 Baker- 'cklen and Ass. dates 203 East Main Street, Suite 201 Round Rock, TX 78664 (512) 244 -9620 RE — ROUTE OF WASTEWATER NETWORK (EW01) CONTRACTOR REFERENCE INTERVIEWS Contractor: Richard Waters Construction, Inc. P.O. Box 204372 Austin, TX 78720 Reference Contacted: Entity or Company: City of Luling- Water & Wastewater Dept. Contact Person: Chris Powell (830) 875 -2481 TYPE OF PROJECT: Water line upgrade. Approximate Cost: 200 Thousand Dollars WAS PROJECT COMPLETED ON TIME? Yes. QUALITY OF WORKMANSHIP AND EMPLOYEES: Satisfactory. COMMENTS REGARDING BUDGET /CHANGE ORDERS: Completed within budget and no change orders. GENERAL COMMENTS: Watch their safety procedures in the R.O.W. WOULD YOU USE CONTRACTOR AGAIN? Not for any job in the R.O.W, but would use them again for jobs out of the R.O.W. Date: 14 Sept. 01 INTERVIEWED BY: - . Baker -Ai klen and Associ tes 203 East ain Street, Suite 201 Round Rock, TX 78664 (512) 244-9620 RE — ROUTE OF WASTEWATER NETWORK (EW01) CONTRACTOR REFERENCE INTERVIEWS Contractor: Richard Waters Construction, Inc. P.O. Box 204372 Austin, TX 78720 Reference Contacted: Entity or Company: Owner: City of West Owner's Rep.: Wallace Group Contact Person: John Winkler, P.E., Proiect Manager (254) 554 -5959 TYPE OF PROJECT: Water& Wastewater line extension and improvements. Approximate Cost: 500 Thousand Dollars WAS PROJECT COMPLETED ON TIME? Yes. QUALITY OF WORKMANSHIP AND EMPLOYEES: Contractor had a slow start, but then proceeded satisfactorily. COMMENTS REGARDING BUDGET /CHANGE ORDERS: Contractor asked for change orders, owner was able to negotiate the change orders. GENERAL COMMENTS: Small company, recommends supervision of an inspector, and the final product was satisfactory. WOULD YOU USE CONTRACTOR AGAIN? Yes. INTERVIEWED BY: Date: 14 Sept. 01 Wird Baker -Aicl en and Associates 203 East Main Street, Suite 201 Round Rock, TX 78664 (512) 244 -9620 N W Re -Route of Wastewater Network (EW01) DATE: October 5, 2001 SUBJECT: City Council Meeting — October 11, 2001 ITEM: * 12.F.2. Consider a resolution authorizing the Mayor to execute a contract with Richard Waters Construction, Inc. for the construction of the Re -Route of Wastewater Network (EW01). This project is necessary due to the existence of numerous old wastewater lines in the area of the new YMCA sports fields complex at Mays Street and Old Bowman Road. Resource: Jim Nuse, Director of Public Works History: Numerous old wastewater lines exist in the area of the new YMCA sports fields complex at Mays Street and Old Bowman Road. When the complex was being planned, a manhole along the existing wastewater lines posed a problem in that having it exposed within sports fields would be hazardous to people using the fields. The network of wastewater lines in the area was constructed approximately 30 years ago and served a residential development that was removed several years ago. The existing wastewater lines were found to be in a state of disrepair in various areas. By constructing the 275 feet of wastewater line under this contract, the City will eliminate approximately 1100 feet of existing wastewater line in the sports fields complex area. The elimination of the existing lines will mean that the City will not have to access manholes or maintain lines within the fields of the complex. Funding: Cost: $55,538.85 Source of funds: Self- Finance Utility Fund Outside Resources: Baker - Aicklen & Associates, Inc. (Engineer) Richard Waters Construction (Contractor) Impact: By constructing the 275 feet of wastewater line under this contract, the City will eliminate approximately 1100 feet of existing wastewater line in the sports fields complex area. The elimination of the existing lines will mean that the City will not have to access manholes or maintain lines within the fields of the complex. Benefit: By constructing the 275 feet of wastewater line under this contract, the City will eliminate approximately 1100 feet of existing wastewater line in the sports fields complex area. The elimination of the existing lines will mean that the City will not have to access manholes or maintain lines within the fields of the complex. Public Comment: N/A Sponsor: N/A 1 , 1 1 1 1 1 1 1 1 1 1 1 1 1 j -o/- i2- //-/ rz CONTRACT DOCUMENTS AND SPECIFICATIONS I/■ FOR RE -ROUTE OF WASTEWATER NETWORK (EWO1) Prepared for: City -of Round Rock ,,.. 221 "East' ain:Street Round Roc ,`Texas 78664 Prepared by: S. - • ' A. _ WILLIAM WAELTZ g � a B Aicklen 8c Associates, Inc. A-33, r eve ..`203 East Main Street, Suite 201' i 9 C ^ (CE Ng EP. 4`� ? i; Round R Texas 78664 }Il �OA � �i August, 2001 Baker - Alcklen & Associates, Inc. Engineers /Surveyors _ APPROW CITY ,- • 6' Sections 1.0 - 6.0 Project No.: 601 - 576 -21 CONTRACT DOCUMENTS AND SPECIFICATIONS FOR RE -ROUTE OF WASTEWATER NETWORK (EW01) ��vC -ity of Round Roc f2'.1-S ee t Round Roc l exas 78664 , IBaker- Aicklen 13:.\ � & Associates, Inc. Engineers /Surveyors I�I c Prepared by: Baker - Aicklen & Associates, Inc. 203 East Main Street, Suite 201 Round Rock, Texas 78664 August, 2001 oc ections 1.0 - 6.0 Project No.: 601 - 576 -21 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 203 BAKER - AICKLEN & ASSOCIATES, INC. Engineers/Surveyors Sincerely, Re — Route of Wastewater Network (EW01) Project No. 601 -576 August 31, 2001 ADDENDUM #1 I. Correction — The following is a correction to the plans. Sheet 2 of 5, "Trench Safety Notes ", note # 3, shall read as follows: 3. If trench safety system details were not provided in the plans because trenches were anticipated to be less than 5 feet in depth and during construction it is found that trenches are in fact 5 feet or more in depth or trenches less than 5 feet in depth are in an area where hazardous ground movement is expected, all construction shall cease, the trenched area shall be barricaded and the Engineer notified immediately. Construction shall not resume until appropriate trench safety system details, as designed by a professional engineer, are submitted to and accepted by the City of Round Rock, and, a bid item for implementation of trench safety systems is added to the contract by change order. 2. Addition — (Bid Item 21) The new bid item shall be included in the base bid. All Bidders shall replace sheet BD -9, of the Contract Documents and Specifications, with the attached BD -9R. All bidders shall acknowledge receipt of Addendum No. 1 on Page BD -10 of the proposal. , g C .......... .. .lti ,, * : .t ' �9 �P tft ( A WI WAELTZ airiar A. William Wae .E. 79 0`: f ." rt � l h a`a � ? E. Mein St., Suite 201 • Round Rock, Texas 78664 • 512/244 -9620 • FAX 512/244 -8623 Bid Item Description Item Ouantity Unit and Written Unit Price Unit Price Amount 20. 1 EA. Jack 8" line into existing 15" sleeve with spacers, including grouting ends of sleeves, complete in place. for dollars and cents. $ $ 21. 1 L.S. Trench Safety Systems, complete in place. for dollars and cents. $ $ TOTAL BASE BID ( Items 1 - 21) $ BD -9R TABLE OF CONTENTS Section Description Page 1.0 Notice to Bidders NB -1 2.0 Bid Documents BD -1 Instructions to Bidders Bid Bond Proposal Bidding Sheet 3.0 Post Bid Documents PBD -1 Agreement Performance Bond Payment Bond Certificate of Liability Insurance Warranty Bond 4.0 General Conditions GC -1 5.0 Special Conditions SC -1 6.0 Technical Specifications TS -1 mble.doc i 1.0 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 "Re -Route of Wastewater Network (EW01)" (including +1- 275' linear feet of 8" wastewater line, new manholes, and repair to old manholes), will be received until 2:30 p.m., Tuesday, September 11 2001 then publicly opened and read aloud at the City Hall Council Chambers at the same address. Bid envelopes should state date and time of bid and "Sealed Bid for Re -Route of Wastewater Network (EW01) ". No bids may be withdrawn after the scheduled opening time. Any bids received after scheduled bid opening time will be returned unopened. Bids must be submitted on City of Round Rock bid forms and must be accompanied by an acceptable bid security as outlined in the Instructions to Bidders, payable to the City of Round Rock, Texas equal to five percent (5 %) of the total bid amount. Plans, Bid Forms, Specifications, and Instructions to Bidders may be obtained from the office of the Engineer, Baker - Aicklen, Inc., 203 East Main Street, Suite 201, in Round Rock, Texas (512 -244 -9620) beginning August 27th, 2001 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. Publish Dates: Austin American Statesman: Sunday, August 26th, 2001 Sunday, September2nd, 2001 Sunday, September 9th, 2001 notice.doc NOTICE TO BIDDERS NB -1 Round Rock Leader: Monday, August 27th, 2001 Monday, September 3 2001 Monday, September 10th, 2001 2.0 BID DOCUMENTS INSTRUCTIONS TO BIDDERS 1. Prior to submitting any proposal, bidders are required to read the plans, specifications, proposal, contract and bond forms carefully; to inform themselves by their independent research, test and investigation of the difficulties to be encountered and judge for themselves of the accessibility of the work and all attending circumstances affecting the cost of doing the work and the time required for its completion and obtain all information required to make an intelligent proposal. 2. Should the bidder find discrepancies in, or omissions from the plans, specifications, or other documents, or should he be in doubt as to their meaning, he should notify at once the Engineer and obtain clarification or addendum prior to submitting any bid. 3. It shall be the responsibility of the bidder to see that his bid is received afthe place and time named in the Notice to Bidders. Bids received after closing time will be retumed unopened. 4. Bids shall be submitted in sealed envelopes plainly marked "Sealed Bid" and showing the name of the project, the job number if applicable, and the opening date and time. 5. Bids shall be submitted on proposal forms furnished by the City of Round Rock. 6. All proposals shall be accompanied by a certified cashier's check upon a National or State bank in an amount not less than five percent (5 %) of the total maximum bid price, payable without recourse to the City of Round Rock, or a bid bond in the same amount from a reliable surety company, as a guarantee that the bidder will enter into a contract and execute performance and payment bonds, as stipulated by item 11 below, within ten (10) days after notice of award of contract to him. Proposal guarantees must be submitted in the same sealed envelope with the proposal. Proposals submitted without check or bid bonds will not be considered. 7. All bid securities will be returned to the respective bidders within twenty-five (25) days after bids are opened, except those which the owner elects to hold until the successful bidder has executed the contract. Thereafter, all remaining securities, including security of the successful bidder, will be returned within sixty (60) days. 8. Until the award of the contract, the City of Round Rock reserves the right to reject any and all proposals and to waive technicalities; to advertise for new proposals; or to do the work otherwise when the best interest of the City of Round Rock will be thereby 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. biddoc.doc BD -1 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. 12. If the total contract price is less than $25,000.00 the performance and payment bond requirement will be waived by the City of Round Rock. Payment will be made following completion of the work. 13. Failure to execute the construction contract within ten (10) days of written notification of award or failure to furnish the performance bond, or letter of credit if applicable, and payment bond as required by item 11 above, shall be just cause for the annulment of the award. In case of the annulment of the award, the proposal guarantee shall become the property of the City of Round Rock, not as a penalty, but as a liquidated 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. biddoc.doc 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. BD -2 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 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.doc BD -3 BID BOND KNOW ALL BY THESE PRESENTS, That we Richard Waters Construction, Inc. of 6504 - A Columbia Oaks , Austin, TX 78759 (hereinafter called the Principal), 1 1 1 1 1 MILLENNIUM CORPORATE PARK BLDG C 18400 NE UNION HILL ROAD REDMOND, WA 98052 1 S-0053JSAEF 10/99 ® Registered trademark of SAFECO Corporation 10 SAFECO' 1 1 1 1 1 1 1 1 1 1 •974/SAEF 7198 POWER OF ATTORNEY SAFECO INSURANCE COMPANY OF AMERICA GENERAL INSURANCE COMPANY OF AMERICA HOME OFFICE: SAFECO PLAZA SEATTLE, WASHINGTON 98185 No. 10945 KNOW ALL BY THESE PRESENTS: ! at SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA, each a Washington corporation, does each hereby point ELAINE LEWIS; LESLIE K. HUDGENS; ROY E. SIMMONS, RICHARD H. BAILER; JEFF BOLIN, SCOTT D. CHAPMAN, Houston, Texas its true and lawful attomey(s )-in -fact, with full authonty to execute on its behalf fidelity and surety bonds or undertakings and other documents of a similar character [ Lied in the course of Its business, and to bind the respective company thereby. WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA have each executed and attested these presents this 3 day of January , 2000 R.A. 49441dt4i4 PIERSON, SECRETARY W. RANDALL STODDARD, PRESIDENT this 11th CERTIFICATE Extract from the By -Laws of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA: Ite V, Section 13. - FIDELITY AND SURETY BONDS ... the President, any Vice President, the Secretary, and any Assistant Vice President appointed for that rpose by the officer in charge of surety operations, shall each have authority to appoint Individuate as attorneys -in -fad or under other appropriate biles with authority to on behalf of the company fidelity and surety bonds and other documents of similar character issued by the company in the course of Its business... On any instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or dertaking of the company, the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced; provided, however, that the seal shall not necessary to the validity of any such Instrument or undertaking." Extract from a Resolution of the Board of Directors of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA adopted July 28, 1970. In any certificate executed by the Secretary or an assistant secretary of the Company setting out, (l) The provisions of Article V, Section 13 of the By -Laws, and (11) A copy of the power-of-attorney appointment, executed pursuant thereto, and (iii) Certifying that said powerof- attorney appointment is in full force and effect, I signature of the certifying officer may be by facsimile, and the seal of the Company may be a facsimile thereof." I, R.A. Pierson, Secretary of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA, do hereby certify that the egoing extracts of the By -Laws and of a Resolubon of the Board of Directors of these corporations, and of a Power of Attorney issued pursuant thereto, are true and ect, and that both the By -Laws, the Resolubon and the Paver of Attorney are still in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of said corporation day of September , 2001 R.A. PIERSON, SECRETARY ® Registered trademark of SAFECO Corporation. 01107/2000 PDF 'FROM 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 RICHARD WATERS CONST FAX NO. : 512 331 0008 Sep. 19 2001 09:10AM Pi Richard Waters Construction, Inc., September 18, 2001 Mr. Tony Prete Baker - Aicklen & Associates, Inc. 203 E. Main St. Round. Rock, Tx. 78664 Re: Re -route Wastewater Network Dear Tony: There was a transcription error made on unit price of some of the bid items for the above project. To clarify our bid: Item 3 was 2 Stabilized construction entrance/exit completed in place at aunit price of $344.45 each for a total of $688.90. Item 7 is 85 If of Rock Bemi, complete in place at $18.35 per if for a total of $1,559.75 Item 9 is 75 if of 6" thick concrrete trench cap, complete in place at $25.60 per if for a total of $1,920.00 Item 10 is 20 If of 6" soh. 40 PVC wastewater service lateral, including all appurtenances, complete in place at $1621 per If for a total of $324.20. Item 11 is 275 If of 8" SDR 26 wastewater line, including all appurtenances, complete in place at $58.43 per If for a total of $16,068.25. Our total bid price is revised to $55,538.85. Sincerely, Barbara Waters President P•B•X JOB NAME: Re -Route of Wastewater Network (EW01) JOB LOCATION: Round Rock, Texas OWNER: City of Round Rock DATE: Tuesday, September 11th, 2001 Gentlemen: Bid Item Quantity Unit PROPOSAL BIDDING SHEETS Pursuant to the foregoing Notice to Bidders and Instructions to Bidders, the undersigned bidder hereby proposes to do all the work, to famish 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 Re -Route of Wastewater Network (EW01) and binds himself on acceptance of this proposal to execute a contract and bond for completing said project within the time stated, for the following prices, to wit: BASE BID Item Description and Written Unit Price 1 L.S. Mobilization, complete in place. nine hundred for ninety -six dollars and forty -nine cents. $ 996.49 $ 996.49 2. 1 L.S. Unclassified excavation and grading, complete in place. one thousand one hundred for seventy -nine dollars and sixty -six cents. 3. 2 E.A. Stabilized construction entrance /exit complete in place. three hundred for forty -four dollars and forty -five cents. $ 344.45 $ 688.91 4. 277 L.F. Silt fence, complete in place. for one dollars and eighty -five cents. BD -5 Unit Price Amount $ 1,179.66 $ 1,179.66 $ 1.85 $ 512.45 Bid Item Descriation Item Quantity Unit and Written Unit Price Unit Price Amount 5. 1 L.S. Tree protection, complete in place. six hundred for fifty dollars and ten cents. $ 650.10 $ 650.10 6. 1 EA. Tree to be removed and back filled, complete in place. four hundred for seventy - two dollars an d eighty - two cents. $ 472.82 $ 472.82 7. 85 L.F. Rock Berm, complete in place. 10. 20 L.F. for . and one hundred eighty -three fifty -three dollars cents. 8. 1 L.S. Revegitation, complete in place. seven hunred for forty - - dollars and ninety -four cents. 9. 75 L.F. 6" Thick concrete trench cap, complete in place. two hundred for fifty -five dollars and ninety - four cents. 6" Sch. 40 P.V.C. wastewater service lateral, including all appurtenances, complete in place. one hundred for sixty -two dollars and twelve cents. BD -6 $ 183.53 $ 1,560.05 $746.94 $746.94 $ 255.94 $ 1919.55 $ 162.12 $ 324.24 Bid Item Description Item Quantity Unit and Written Unit Price Unit Price Amount 11. 275 L.F. 8" S.D.R. 26 (minimum pressure rating 150 psi) wastewater line, including all appurtenances, complete in place. five hundred for eighty —four dollars and thirty cents. 12. 4 EA. Permanently abandon wastewater manhole, grout seal to +1- 3" above soffit of wastewater line, fill remainder of wastewater manhole with the compacted crushed limestone, lower wastewater manhole as per plans, complete in place. six hundred for twelve dollars and forty — cents.Permanent 13. 2 EA. 14. 4 EA. $ 584.30 $ 16,068.25 $ 612.42 $ 2,449.68 Standard 4' dia. wastewater manhole, including gasket, bolted manhole cover, Ravin 404 coating (or approved equal), shrink wrap outside of wastewater manhole, and all appurtenances, complete in place. four thousand three hundred for twenty six dollars and fifty —seven cents. $ 4,326.57 $ 8,653.14 Grout seal interior walls of wastewater manhole, seal manhole with Ravin 404 coating (or approved equal), shrink wrap outside of wastewater manhole, complete in place. two thousand two hundred for thirteen dollars and fifty -tw cents. $2,213.52 $8,854.08 BD -7 Bid Item Description Item Quantity Unit and Written Unit Price Unit Price Amount 15. 2 EA. Core existing wastewater manhole, insert gasket, and provide grout seal inside and 16. 1 EA. 17. 1 EA. 18. 1 EA. out, complete in place. one thousand for sixty -six and two dollars cents. Re -cast wastewater manhole base, provide new grade ring, gasket, and bolted manhole cover and all appurtenances, complete in place. two thousand three hundred for sixty four dollars and RO cents. $ 1,066.12 B W $ 2,132.34 $ 2,364.00 $ 2,364.00 Remove 12" mechanical wing nut test plug, permanently plug and grout seal 12' wastewater line, complete in place. six hundred for twenty -two dollars and thirtee cents. $ 622.13 $ 622.13 Permanently plug & grout seal 6" wastewater line, complete in place. four hundred for ninety - seven dollars and seventy cents. $ 497.70 $ 497.70 19. 10 L.F. Remove 12" wastewater line between existing wastewater manhole and proposed wastewater manhole, complete in place. for seventy -seven dollars and fourteen cents. BD -8 $ 77.14 $ 771.40 I . 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 Bid Item Description Item Quantity Unit and Written Unit Price Unit Price Amount 20. 1 EA. Jack 8" line into existing 15" sleeve with spacers, including grouting ends of sleeves, complete in place. one thousand four hundred for thirty dollars and eighty —eight cents. 21. 1 L.S. Trench Safety Systems, complete in place. two thousand six hundred for forty — fou r dollars and four cents. TOTAL BASE BID ( Items 1 - 21 ) BD -9R $ 1,430.88 $ 1.430.88 $ 2,644.04 $ 2,644.04 $ 55,538.53 1 1 1 1 1 1 1 1 1 Respectfully Submitted, -1-ck 1 f�l/ �, 1 1 1 1 1 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 sixty (60) calendar days after the date of the written Notice -to- Proceed. The bidder and the Owners agree that for each and every calendar day the work, or any portion thereof, remains incomplete after the sixty (60) calendar day period, the bidder shall pay the amount of Five Hundred Dollars ($500.00) per calendar day as liquidated damages, not as a penalty but for delay damages to the Owners. Such amount shall be deducted by the Owners from any payment due to the bidders. 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. The undersigned acknowledges receipt of the following addenda: Addendum No. 1 dated p /../ /n / Received Addendum No. 2 dated Received Addendum No. 3 dated Received A �j t O fro - k. „6,t4/ zo s/3 72- /Usri') Title Address W72 � Cr/A40 Li/ .4Te/2seon STAie.eno.d�iic %672 kr 7 /99 74/ 1 Name of Firm Telephone Da Secretary, if Contractor is a Corporation BD -10 3.0 POST BID DOCUMENTS 1 AGREEMENT 1 THE STATE OF TEXAS 1 COUNTY OF WILLIAMSON p ' THIS AGREEMENT, made and entered into this JJ 4 day ofer-to4,— 2001, by and between the (Owner) CITY OF ROUND ROCK of the State of Texas, acting through Robert Stluka, May r, thereunto duly authorized so to do, hereinafter termed the OWNER, and 1 (C ntractor)i-e.Lo k L) w £o+ . ,7-/kof ,L Texas, County of , State of Texas, hereinafter termed CONTRACTOR. 1 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 OWNER to commence and complete the construction of certain improvements described as follows: Re -Route of Wastewater Network (EW01) Further described as the work covered by this specification consists of fumishing 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 1 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 Baker - Aicklen & Assoc., ' 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 "60" calendar days after the date of the written Notice to Proceed, subject to such extensions of time as are ' provided by the General and Special Conditions. The OWNER agrees to pay the CONTRACTOR in current funds the price or prices shown in the ' Proposal, which forms a part of this Contract, such payments to be subject to the General and Special Conditions of the Contract. 1 ' postbid.doc PBD -1 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) • o.ert A. Stluka ATTEST: City Secretary Corporate Seal postbid.doc Mayor RICHARD - WATERS CONSTRUCTION, INC. (CONTRACTOR) BY: RICHARD H. WATERS (Typed name) ATTEST: 0,1uLtivial.N Secretary, if Contractor is a Corporation or otherwise registered With the Secretary of State (The following to be executed if the Contractor is a Corporation.) I, BARBARA WATERS , certify that I am the Secretary of the Corporation named as Contractor herein; that RICHARD H . WATERS , who signed this Contract on behalf of the Contractor was then C. E. 0. (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. Signe PBD -2 its C.E.O. • (Title) THE STATE OF TEXAS COUNTY OF WILLIAMSON KNOW ALL MEN BY THESE PRESENTS: That Richard Waters Construction, Inc. of the City of Austin , County of Travis , and State of Texas , as Principal, and Gulf Insurance Company authorized under the law of the State of Texas to act as surety on bonds for principals, are held and firmly bound unto THE CITY OF ROUND ROCK, TEXAS, (Owner), in the penal sum of Fifty - Five Thousand Five Hundred Thirty - Eight* dollars ($ 55,538.85 ) 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: *and 85/100 WHEREAS, the Principal has entered into a certain written contract with the Owner dated the 16th day of October , 2001 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: postbid.doc PERFORMANCE BOND RE -Route of Wastewater Network (EW01) 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. PBD -3 Bond #AI2677979 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 18th day of October , 2001. 1 Principal Richard Waters Construction, Inc. 1 B Richar H. Waters C.E.O. Attorney -In -Fact Title 1 6504 -A Columbia Oaks 4200 Research Forest Dr., Ste. 200 Address Address 1 1 Austin, TX 78759 ' Resident Agent of Surety: Roy E. Simmons Chapman Simmons Agency, Inc. Printed Name 4200 Research Forest Dr., Ste. 200 Address The Woodlands, TX 77381 City, State & Zip Code ' Signatt{re 1 1 postbid.doc PBD -4 1 Gulf Insurance Company Sure y Title Elaine Lewi The Woodlands, TX 77381 postbid.doc PAYMENT BOND THE STATE OF TEXAS COUNTY OF WILLIAMSON Bond #AI2677979 KNOW ALL MEN BY THESE PRESENTS: That Richard Waters Construction, Inc., of the City of Austin County of Travis , and State of Texas as Principal, and authorized under the laws of the State of Texas to act as Surety on Bonds for Principals, are held and firmly bound unto THE CITY OF ROUND ROCK, (OWNER), and all subcontractors, workers, laborers, mechanics and suppliers as their interest may appear, all of whom shall have the right to sue upon this bond, in the penal sum of Fifty -Five Thousand Five Hundred Thirty -Eight and 95/106 Dollars ($55,538.85 ) 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 16th day of October , 2001, 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: Re -Route of Wastewater Network (EW01) 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. 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 18th day of October , 2001. Richard Waters Construction, Inc. Gulf Insurance Company 7f 4 0 By chard H. Waters C.E.O. Title 6504 —A Columbia Oaks Address Austin, TX 78759 Resident Agent of Surety: Roy E. Simmons Chapman Simmons Agency, Inc. Printed Name 4200 Research Forest Dr., Ste. 200 Address The Woodlands, TX 77381 City, State & Zip Code Sign rtu postbid doc PBD -6 Title Attorney —In —Fact 4200 Research Forest Dr., Ste. 200 Address The Woodlands, TX 77981 . s CERTIFICATE OF LIABILITY INSURANCE PRODUCER Searcey & Searcey, Inc. 1218 Slaughter Ln W Austin, Texas 78748 Date: Nov. 2, 2001 COMPANIES AFFORDING COVERAGE A Valley Forge B INSURED C Richard Waters Construction, Inc. P. 0. Box 204372, Austin, Texas 78720 D THIS IS TO CERTIFY THAT the Insured named above is insured by the Companies listed above with respect to the business operations hereinafter described, for the types of insurance and in accordance with the provisions of the standard policies used by the companies, and further hereinafter described. Exceptions to the policies are noted below. CO TYPE OF INSURANCE POLICY EFFECTIVE EXPIRATION LIMITS LTR NUMBER DATE DATE A GENERAL LIABILITY B1068710853 08/05/01 08/05/02 GENERAL AGGREGATE $ 2,000,000. PRODUCTS - COMP /OP AGG. $ 2 , 000 5 0 00 . PERSONAL& ADV INJURY $ 1,000,000. EACH OCCURRENCE $ 1,000,000. FIRE DAMAGE (Any one fire) $ 50,000. MED. EXPENSE (Any one person) $ 5,000. AUTOMOBILE LIABILITY A B1068710836 08/05/01 08/05/02 EXCESS LIABILITY WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY STATUTORY LIMITS A WC168710822 08/05/01 08/05/02 OTHER DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES /SPECIAL ITEMS/EXCEPTIONS 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 be cancelled or changed before the expiration date thereof, the issuing company will mail thirty (30) days written notice to the certificate holder named below. CERTIFICATE HOLDER: City of Round Rock 221 E. Main Street Round Rock, Texas 78664 attn: Joanne Land SIGNATU' r ;). HOR .EDREPRESENTATIVE ! 1 TypedName• R Henderson Title: Comm.Mgr. COMBINED SINGLE LIMIT $ 1,000,000. BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE $ EACH OCCURRENCE $ AGGREGATE $ EACH ACCIDENT $ 500,000. DISEASE - POLICY LIMIT $ 500,000. DISEASE - EACH EMPLOYEE $ 500,000. THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE NIAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS I LTR rypE OF POLICY NUMBER POLICY EFFECTIVE DATE (MMIDDNYI POLICY EXPIRATION DATE IMM/DNYYI LIMITS INSURERS GENERAL LIABILITY 61068710853 08/05/2001 08/05/2002 EACH OCCURRENCE $ 1,000,000 X COMMERCIAL GENERAL LIABILITY FIRE DAMAGE (My one fire) $ 100,000 CLAIMS MADE X OCCUR MED EXP (Any one person) $ 5,000 A PERSONAL BADV INJURY 5 1,000,000 GENERAL AGGREGATE S 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER, n POLICY n Tei n Loc PRODUCTS - COMP /OP AGG S 2,000,000 AUTOMOBILE LIABILITY B1068710836 08/05/2001 08/05/2002 COMBINED SINGLE LIMIT X ANY AUTO (Ea accident) S 1,000,000 A — -7,– ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY (Per person) $ X HIRED AUTOS X NON•OWNED AUTOS BODILY IINJURY ) PROPERTY DAMAGE (Per anetden1) $ GARAGE LIABILITY AUTO ONLY• EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY AGG S EXCESS LIABILITY EACH OCCURRENCE $ OCCUR CLAIMS MADE AGGREGATE $ $ DEDUCTIBLE S RETENTION 5 S WORKERS COMPENSATION AND WC168710822 08/05/2001 08/05/2002 X ITORYLIMITSI I EIR A EMPLOYERS'LIABILETY E L EACH ACCIDENT $ 500,000 E L DISEASE - EA EMPLOYEE $ 500,000 E L DISEASE • POLICY LIMIT S 500,000 OTHER DESCRIPTION OF OPERATIONS /LOCATIONSNEHICLES/EXCLUSIONS ADD BY ENDORSEMENT/SPECIAL PROVISIONS ADDED BY The C of Round Rock is named as additional insured w respect to all policies except Workers' Zompensation and Employers' Liability. Should any of the above described policies be cancelled or changed before the expiration date thereof, the issuing company will mail thirty (30) days written 7otice to the certificate holder named below. ACORD CEKTIFICATE OF LIABILITY INSURANCE DATE (512)280 - 5194 K & S Group, Inc. Searcey & Searcey, Inc. 1218 Slaughter Ln. West Austin, TX 78748 FAX (512) 280 - 1704 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE INSURED Richard Waters Construction, Inc. P. 0. Box 204372 Austin, TX 78720 I INSURERA Valley Forge Insurance Co. INSURERS INSURER INSURER D INSURER E City of Round Rock Attn: Joanne Land 221 E. Main Street Round Rock, TX 78664 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL WOOD= MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, KXMOOLNIOODAXXXXX X:YiXxXdWMXHXXXXCAYIN4 XADOOD(XXX Nt(X4XdEKJ@0a Xdk&K1NUKXXXXXXXXXX AUTHORIZED Steven Searcearcey Steven AlL— � C ]/ 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 CERTIFICATE HOLDER I X I ADDITIONAL INSURED; INSURER LETTER: A CANCELLATION 1 �� ©ACO55 CORPORATION 1988 IMPORTANT lithe certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25 -S (7/97) 1 WARRANTY BOND 1 BOND NUMBER AI2677979 AMOUNT $55,538.85 KNOW ALL MEN BY THESE PRESENTS, That we, Richard Waters Construction, Inc., 6504 —A Columbia Oaks, I Austin, TX 78759 (hereinafter called the "Principal ") as Principal, and the Gulf Insurance company a Corporation duly organized under the laws of the State of Missouri and duly licensed to transact business in the State of ' Texas (hereinafter called the "Surety"), as Surety, are held and firmly bound unto THE CITY OF ROUND ROCK, TEXAS (hereinafter called the "Obligee "), in the sum of Fifty —Five Thousand Five Hundred Thirty —Eight and 85/100 dollars I 1 9 ($ 55;5 ,r, F-.S ) 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. 1 Sealed with our seals and dated this 18th day of October , A.D. two thousand and one. 1 1 1 1 1 1 1 1 1 1 1 WHEREAS, the said Principal has heretofore entered into a contract with The City of Round Rock, Texas Dated October 16 , 2001, for construction of: Re -Route of Wastewater Network (EW01) WHEREAS, the said Principal is required to guarantee the construction of all improvements installed under said contract, against defects in materials or workmanship, which may develop during the period of one year(s) from the date of acceptance of the project above described, by Owner: The City of Round Rock, Texas NOW, THEREFORE, THE CONDITIONS OF THE OBLIGATIONS IS SUCH, that if said Principal shall faithfully carry out and perform the said guarantee, and shall, on due notice, repair and make good at its own expense any and all defects in materials or workmanship in the said work which may develop during the period of one year(s) from the date of acceptance of the project above described, by Owner: The City of Round Rock, Texas postbid.doc PBD-8 1 1 WARRANTY BOND (continued) 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 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. Richard Watery Consrrurtion, Inc Gulf Tnsuranrp Company ncipal Surety By: Title Address R. hard H. Waters C.E.O. 6504 —A Columbia Oaks Austin, TX 78759 Resident Agent of Surety: Roy E. Simmons Chapman Simmons Agency. Inc. Printed Name 4200 Research Forest Dr., Ste. 200 Address The Woodlands, TX 77381 City, State & Zip Code Sigihature postbid.doc PBD -9 By Title 2 0 L.ArLor...-- / 1 Elaine Lewis Attorney —In —Fact 4200 Research Forest Dr., Ste. 200 Address The Woodlands, TX 77381 1 1 1 1 1 1 GULF INSURANCE COMPANY HAZELWOOD, MISSOURI POWER OF ATTORNEY ORIGINALS ON POWER OF A'[TORNEV ARE PRINTED ON BLUE AFF:TV PAPNR 01)1 H 1'N:AI. INK. Ill PI.IC'A•INS SNAIL HAV N. IHI 411E FORCE AND EFFECT AS AN ORIGINAL ONLY WHEN 1051. ED IN ONJUNC'TION WITH [HE ORIGINAL. KNOW ALL MEN B'/ T}IESE PRESENTS Thal the Gull ln.utanu Company, cot poration duly organized under the law .111 the State of Mi.,uuii having 111 pnn ipal anise in the s ay 1a trying texas, pui.Liam t1/ the ',Miming tevilut ton adopt - I d by the I man, ik [\Gamy1 Commons_ .,t the Board .d Da1.iuis of the said mp,n1 ,n rya I ( I t h .1,t). 10 .\gust 1901 tow it RESOLVED that Ms President, E \cu Vice Puvdrnt of any Se nun Voe President of the Comp my shall hay authority In make : Lute and deliver a Power t Attdl n,•v snn,llh in as Al tomes -tn -Fact, Guth persons, ltntl, nr Lorpntanons as 1) be selected tram hole to title and any such Attar ney- in -Fat1 ■.10 he ren11/Ned nd the authuut) gra him In oloAl by the President oi any Esesutluo Vac 1 111 91) 5,11101 Vi,. Pin ,h iii in by Ihs hood of Dins tor. m by Ms Einaw.1.aid 1- 111111 (.9911011101 On 0,.0111011).[. sl..r, I RFSr)I \ FD that 1 1 . 1 1 1 1 , 2 1 1 1 1 1 1 1 , Power of A11091 .11.111 hi . n, nu,1 .10 0 er.lni t au t, Ihs .mm esy(sio n - tryst 1,.,1'0, .\11111 .1. kauwls dt. i ds 11x,1 or nlh- a polity 1/1 policies 01 t 0 ante 1st hehall 01 Gull Insurance C oilman) w Rh001A1D, that the vin mire 01 the 1'iosldent Executive \Ice President or any Senor VIGe Pr ost lint and the Seal nt the Company may he all ixed to any ,ugh novel ut A901005 or one certificate relating thereto by Ins stmdc and anv sush tme o eum a i, nd ceridled hal, ) tItlll lL uignalute and tao,unile seal shall he alid a \tt and hindmg upon the Company In the future nth respect to any hind and nn n 1.nm o , g tn hlt cl, Istrol, ni .1n they arc .mash:) G u l l 1 C'oinpam 000, hereby make con-Cute an.1 appoint - - - Gary Alexander, Richard H. Baker, Scott D. Chapman, Elaine Lewis, Roy E. Simmons Its tore and law lul duo,neyl s mm -fact, will] full Noel and authority hereby uinlerred in Its name place and stead to sign execute acknow and dclnet m Its hch;dt, as Gunn Lins and .dl h..nds and undertakings ul surety ,hip, .md ti. hind Gull Insurancc Company thcrehy as 101ly and to the same esteem as if any bonds, undcr- Aing-, and B no ors /elate)) o, such bond, and/or under) ikine' unr stenrd by the duly anthem /al ntnscr nt the Gulf Imutanse Company and all the act. of setd horn: ). s t on - face put. cult to the authinity het ern go c n ale hereby ratilied and contumed h1 ohlieaton of the ('oinpai . ,hall not sicced 11110 11111111/11 v 111Qlrtlln dollars IN 011 'NESS VV HEREON', the Gull Insurance Company has caused these presents to he signed M any officer of the Company and its Corporate Seal to l e hereto affixed STATE( /F NEW V1 )RK 1 SS OUNTY OF NEW YORK 1 On the 13th day nt April, 20110 A.D., before me carte I anrence 1' lbmter, known to me personally who being by tie duly sworn. did depose and say; that he resides nn the County of Bergen, State 01 New Jersey; that he is the Executive Vice President 01 the Gulf Insurance Company, the corporation I esci ibed In and which eyes uted the abase instrument; that he knows the seal of said corporation; that the seal affixed to the said instruments is such tor- orate seal: that It was so affixed by order 01 the Board nt Directors nt said corporation and that he signed his name, thereto by hke order. TATS OL OF OF NEW TURK 1 1 SS INT'Y NF:VV V l nt 1 1 Signed • nd 0 led • t the City 01 Noy fork •1116 - AI (3/201111 1, the undersigned, Senior Vice .'resident of the Gulf insurance Company, a Missouri Corporation, DO HEREBY CERTIFY that the foregoing and atta d POWER OF ATTORNEY remains in full tort,. 11111111111111111111111111111111111 NUMBER Al 2677979 NAME. ADDRESS PRINCIPAL CITY, STATE, ZIP Richard Waters Construction, Inc. 6504 —A Columbia Oaks Austin, TX 78759 October 18, 2001 $ 55,538.85 $ 55,538.85 EFFECTIVE DATE CONTRACT AMOUNT BOND AMOUNT (.1 LF INSURANCE COMPANY Lawrence P. 1limter Executive Vice President DAVID .1 Notary .'able, Staff of New lurk No. 112JA495863J Qualified in Rings County Commission Expires December 30, 2001 Dana the 18th da) of October ( o r George Biancard) Senior Vice President .20 01 Gulf Insurance Company IMPORTANT NOTICE Pursuant to Article 1 of Chapter 7 of the Texas Insurance Code Section 720.2(c), the address of the Surety Company on this construction payment bond to which claims should be submitted is: Contracting Operations Planning, Inc. 10055 Sweet Valley Drive Valley View, Oh 44125 Phone: 216-447-9222 4.0 GENERAL CONDITIONS Contents 1.0 Definition of Terms GENERAL CONDITIONS OF AGREEMENT 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 2.0 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 geowoadoe GC -1 1 1 1 1 1 1 1 1 1 1 1 1 5.0 Measurement and Payment 1 1 1 1 1 1 3.0 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 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 4.0 Prosecution and Progress 4.01 - Time and Order of Completion 4.02 - Extension of Time 4.03 - Hindrances and Delays 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 gencoad.doc GC -2 6.0 Extra Work and Claims 6.01 Change Orders 6.02 Minor Changes 6.03 Extra Work 6.04 Time of Filing Claims 6.05 Continuing Performance 6.06 Arbitration 7.0 Abandonment of Contract 7 01 Abandonment by Contractor 7.02 Abandonment by Owner 8.0 Subcontractors 8.01 Award of Subcontracts for Portions of Work 8.02 Subcontractual Relations 8.03 Payments to Subcontractors 9.0 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 10.0 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 gencooddoc GC -3 1.0 Definition of Terms 1.01 Owner, Contractor and Engineer The Owner, the Contractor and the Engineer and those persons or organization identified as such in the Agreement and are referred.to throughout the contract Documents as if singular in number and masculine in gender. The term Engineer means the Engineer or his duly authorized representative. The Engineer shall be understood to be the Engineer of the Owner, and nothing contained in the Contract Documents shall create any contractual or agency relationship between the Engineer and the Contractor. 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 of documents before the execution of the agreement. The Contract Documents are complementary, and what is called for by any one shall be as binding as if called for by all. In case of conflict between any of Contract documents, priority of interpretation shall be in the following order: Signed Agreement, Performance and Payment Bonds, Special Bonds (if any), Proposal, Special Conditions of Agreement, Notice to Contractors, Technical Specifications, Plans, and General Conditions of Agreement. 1.03 Subcontractor The teen Subcontractor, as employed herein, includes only those having a direct contract with the Contractor and it includes one who furnishes material worked to special design according to the plans or specifications of this work, but does not include one who merely furnishes material not so worked. 1.04 Sub - subcontractor - gencooddoc General Conditions of Agreement The term Sub - Subcontractor means one who has a direct or indirect contract with a sub- contractor to perform any of the work at the site and includes one who furnishes material worked to a special design according to the plans or specifications of this work, but does not include one who merely furnishes material not so worked. GC -4 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 at 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 so applied have a well known technical or trade meaning shall be held to refer to such recognized standards. 1.07 Extra Work The term "Extra Work" as used in this contract shall be understood to mean and include all work that may be required by the Engineer or Owner to be done by the Contractor to accomplish any change, alteration or addition to the work shown upon the plans, or reasonably implied by the specifications, and not covered by the Contractor's Proposal, except as provided under "Changes and Alteration," herein. 1.08 Working Day A "Working Day" is defined as any day not including Saturdays, Sundays or any legal 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 "Calendar Day" is any day of the week or month, no days being excepted. 1.10 Substantially Completed By the term "substantially completed" is meant that the structure has been made suitable for use or occupancy or the facility is in condition to serve its intended purpose, but still may require minor miscellaneous work and adjustment. GC -5 2.0 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 Engineer. The Engineer will advise and consult with the Owner, and all of Owner's instructions to the Contractor shall be issued through the Engineer. 2.02 Professional Inspection by Engineer The Engineer shall make periodic visits to the site to familiarize himself generally with the progress of the executed work and to determine if such work generally meets the essential performance and design features and the technical and functional engineering requirements of the Contract Documents; provided and except, however, that the Engineer shall not be responsible for making any detailed, exhaustive, comprehensive or continuous on -site inspection of the quality or quantity of the work or be in any way responsible, directly or indirectly, for the construction means, methods, techniques, sequences, quality, procedures, programs, safety precautions or lack of same incident thereto or in connection therewith. Notwithstanding any other provision of this agreement or any other Contract Document, the Engineer shall not be in any way responsible or liable for any acts, errors, omissions or negligence of the Contractor, any Subcontractor or any of the Contractor's or Subcontractor's agents, servants or employees or any other person, firm or corporation performing or attempting to perform any of the work. 2.03 Payments for Work - The Engineer shall review Contractor's applications for payment and supporting data, determine the amount owed to the Contractor and recommend, in writing, payment to Contractor in such amounts; such recommendation of payment to Contractor constitutes a • representation to the Owner of Engineer's professional judgement that the work has progressed • to the point indicated to the best of his knowledge, information and belief, but such recommendation of an application for payment to Contractor shall not be deemed as a representation by Engineer that Engineer has made any examination to determine how or for what purpose Contractor has used the moneys paid on account of the Contract price. g,ncorvia« GC -6 2.04 Initial Determinations The Engineer initially shall determine all claims, disputes and other matters in question between the Contractor and the Owner relating to the execution or progress of the work or the interpretation of the Contract Documents and the Engineer's decision shall be rendered in writing within a reasonable time, which shall not be construed to be less than ten (10) days. Appeal to arbitration upon mutual agreement may be taken as if his decision had been rendered against the party appealing. 2.05 Objections In the event the Engineer renders any decision which, in the opinion of either party hereto, is not in accordance with the meaning and intent of this contract, either party may file with the Engineer within thirty (30) days his written objection to the decision, and by such action may reserve the right to submit the question so raised to arbitration as hereinafter provided. 2.06 Lines and Grades Unless otherwise specified, all lines and grades shall be furnished by the Engineer or his representative. Whenever necessary, construction work shall be suspended to permit performance of this work, but such suspension will be as brief as practicable and the Contractor shall be allowed no extra compensation therefor. The contractor shall give the Engineer ample notice of the time and place where lines and grades will be needed. All stakes, marks, etc., shall be carefully preserved by the Contractor, and in case of careless 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 Engineer being interested only in the result obtained and conformity of such completed improvements to the plans, specifications and contract. genconddoe GC -7 2.08 Contractor's Understanding gencond.do Likewise, the Contractor shall be solely responsible for the safety of himself, his employees and other persons, as well as for the protection and safety of the improvements being erected and the property of himself or any other person, as a result of his operations hereunder. Engineering construction drawings and specifications as well as any additional information concerning the work to be performed passing from or through the Engineer shall not be interpreted as requiring or allowing Contractor to deviate from the plans and specifications, the intent of such drawings, specifications and any other such information being to define with specificity the agreement of the parties as to the work the Contractor is to perform. Contractor shall be fully and completely liable, at his own expense, for design, construction, installation and use, or non -use of all items and methods incident to performance of the contract, and for all loss, damage or injury incident thereto, either to person or property, including, without . limitation, the adequacy of all temporary supports, shoring, bracing, scaffolding, machinery or equipment, safety precautions or devices, and similar items or devices used by him during construction. Any review of work in process, or any visit or observation during construction, or any clarification of plans and specifications, by the Engineer or Owner, or any agent, employee, or representative of either of them, whether through personal observation on the project site or by means of approval of shop drawings for temporary construction or construction processes, or by other means or method, is agreed by the Contractor to be for the purpose of observing the extent and nature of work completed or being performed, as measured against the drawings and specifications constituting the contract, or for the purpose of enabling Contractor to more fully understand the plans and specifications so that the completed construction work will conform thereto, and shall in no way relieve the Contractor from full and complete responsibility for the proper performance of his work on the project, including but not limited to the propriety of means and methods of the Contractor in performing said contract, and the adequacy of any designs, plans or other facilities for accomplishing such performance. Deviation by the Contractor from plans and specifications that may have been in evidence during any such visitation or observation by the Engineer, or any of his representatives, whether called to the contractor's attention or not shall in no way relieve Contractor from his responsibility to complete all work in accordance with said plans and specifications. It is understood and agreed that the Contractor has, by careful examination, satisfied himself as to the nature and location of the work, the conformation of the ground, the character, quality and quantity of the materials to be encountered, the character of equipment and facilities needed preliminary to and during the prosecution of the work, the general and local conditions, and all other matters which can in any way effect the work under this contract. The Contractor agrees that he will make no claim against the Owner or the Engineer if, in the prosecution of the work, he finds that the actual site or subsurface conditions encountered do not conform to those indicated by excavation, test excavation, test procedures, borings, explorations or other GC -8 2.09 gen000aao« subsurface excavations. No verbal agreement or conversation with any officer, agent or employee of the Owner or Engineer either before or after the execution of this contract, shall affect or modify any of the terms or obligations herein contained. Character of Workers The Contractor agrees to employ only orderly and competent workers, skillful in the performance of the type of work required under this contract, to do the work; and agrees that whenever the Engineer shall inform him in writing that any workers on the work are, in his opinion, incompetent, unfaithful or disorderly, or refuse instructions from the Engineer in the absence of the Superintendent, such worker shall be discharged from the work and shall not again be employed on the work without the Engineer's written consent. No illegal alien may be employed by any Contractor for work on this project, and a penalty of $500.00 per day will be assessed for each day and for each illegal alien who works for the Contractor at this project. 2.10 Contractor's Buildings The building of structures for housing workers, or the erection of tents or other forms of protection, will be permitted only at such places as the Engineer shall direct, and the sanitary conditions of the grounds in or about such structures shall at all times be maintained in a manner satisfactory to the Engineer. 2.11 Sanitation Necessary sanitary conveniences for the use of laborers on the work, properly secluded from public observation, shall be constructed and maintained by the Contractor in such manner and at such points as shall be approved by the Engineer, and their use shall be strictly enforced. .2.12 Shop Drawings The Contractor shall submit to the Engineer, with such promptness as to cause no delay in his own work or in that of any other Contractor, four (4) checked copies, unless otherwise specified, of all shop and/or setting drawings and schedules required for the work of the various trades, and the Engineer shall pass upon them with reasonable promptness, making desired corrections. The Contractor shall make any corrections required by the Engineer, file with him two (2) corrected copies and furnish such other copies as may be needed. The Engineer's review of such drawings or schedules shall not relieve the Contractor from responsibility for deviations from drawings or specifications, unless he has in writing called the Engineer's attention to such deviations at the time of submission, nor shall it relieve him GC -9 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 Contractor's performance hereunder. 2.13 Preliminary Approval genco,ddoc The Engineer shall not have the power to waive the obligations of this contract for the fumishing by the Contractor of good material, and of his performing good work as herein described, and in full accordance with the plans and specifications. No failure or omission of the Engineer to discover, object to or condemn any defective work or material shall release the Contractor from the obligations to fully and properly perform the contract, including without limitations, the obligation to at once tear out, remove and properly replace the same at any time prior to 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 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. GC -10 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 dispensed with, except as provided for unit price items under Section 5 "Measurement and Payment ". If the amount of work is increased, and the work can fairly be classified under the specifications, such increase shall be paid for according to the quantity actually done and at the unit price, if any, established for such work under this contract, except as provided for unit price items under Section 5 "Measurement and Payment "; otherwise, such additional work shall be paid for as provided under Extra Work. In case the Owner shall make such changes or alterations as shall make useless any work already done or material already furnished or used in said work, then the Owner shall recompense the Contractor for any material or labor so used, and for any actual loss occasioned by such change, due to actual expense incurred in preparation for the work as originally planned. 2.16 Inspectors gnco,a.doo The Engineer may provide one (or. more) field inspectors at the work site for the limited purpose of observing the work in progress and reporting back to the Engineer on the extent, nature, manner and performance of the work so that the Engineer may more effectively perform his duties hereunder. Such inspectors may also communicate between Engineer and Contractor their respective reports, opinions, questions, answers and clarifications concerning the plans, specifications and work but shall not be deemed the agent of the Contractor for all purposes in communicating such matters. Such inspector may confer with the Contractor or Contractor's superintendent concerning the prosecution of the work and its conformity with the plans and specifications but shall never be, in whole or part, responsible for, charged with, nor shall he assume, any authority or GC -11 3.0 General Obligations and Responsibilities 3.01 Keeping of Plans and Specifications Accessible The Engineer shall furnish the Contractor with an adequate and reasonable number of copies of all plans and specifications without expense to him and the Contractor shall keep one (1) copy of the same constantly accessible on the work, with the latest revisions noted thereon. 3.02 Ownership of Drawings - 3.03 Adequacy of Design It is understood that the Owner believes it has employed competent engineers and designers. It is therefore agreed that the Owner shall be responsible for the adequacy of the design, sufficiency of the Contract Documents, the safety of the structure and the practicability of the operations of the completed project; provided the Contractor has complied with the requirements of the said Contract Documents, all approved modifications thereof, and additions and alterations thereto approved in writing by the Owner. The burden of proof of such compliance shall be upon the Contractor to show that he has complied with the said requirements of the Contract Documents, approved modification thereof and all approved additions and alterations thereto. genoonddoe responsibility for the means, methods or manner of completing the work or of the superintendence of the work or of the Contractor's employees. It is expressly understood and agreed that any such inspector is not authorized by the Engineer or Owner to independently act for either or answer on behalf of either, any inquiries of the Contractor concerning the plans, specifications or work. No inspector's opinion; advice; interpretation of the plans or specifications of this contract; apparent or express approval of the means, methods or manner of Contractor's performance of work in progress or completed; or discovery or failure to discover or object to defective work of materials shall release Contractor from his duty to complete all work in strict accordance with the plans and specifications or stop the Owner or Engineer from requiring that all work be fully and properly performed including, if necessary, removal of defective or otherwise unacceptable work and the re -doing of such work. All drawings, specifications and copies thereof fumished 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. GC -12 3.04 Right of Entry The Owner reserves the right to enter the property or location of which the works herein contracted for are to be constructed or installed, by such agent or agents as he may elect, for the purpose of inspecting the work, or for the purpose of constructing or installing such collateral work as said Owner may desire. 3.05 Collateral Contracts 3.06 Discrepancies and Omissions gencond.doc The Owner agrees to provide by separate contract or otherwise, all labor and material essential to the completion of the work specifically excluded from this contract, in such manner as not to delay the progress of the work, or damage said Contractor, except where such delays are specifically mentioned elsewhere in the Contract Documents. The Owner will attempt to coordinate the collateral work of utility companies regulated by City franchises, but the City shall not be responsible for delays or other damages to the Contractor which may result from their acts or omissions. The Contractor shall provide written notice to the Engineer of any omissions or discrepancies found in the contract. It is further agreed that it is the intent of this contract that all work must be done and all material must be furnished in accordance with the generally accepted practice for construction, and in the event of any discrepancies between the separate contract documents, the priority of interpretation defined under "Contract Documents" shall govern. In the event that there is still any doubt as to the meaning and intent of any portion of the contract, specifications or drawings, the Engineer shall define which is intended to apply to the work. 3.07 Equipment, Materials and Construction Plant The Contractor shall be responsible for the care, preservation, conservation, and protection of all materials, supplies, machinery, equipment, tools, apparatus, accessories, facilities, all means of construction, and any and all parts of the work, whether the Contractor has been paid, partially paid, or not paid for such work, until the entire work is completed and accepted. 3.08 Damages In the event the Contractor is damaged in the course of completion of the work by the act, neglect, omission, mistake or default of the Owner or Engineer, thereby causing loss to the Contractor, the Owner agrees that he will reimburse the Contractor for such loss. In the event the Owner is damaged in the course of the work by the act, negligence, omission, mistake or GC -13 gencond.doc 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 Engineer of the event and shall be responsible for recording the location of the event and the circumstances surrounding the event through photographs, interviewing witnesses, obtaining of medical reports and other documentation that defines the event. Copies of such documentation shall be provided to the Owner and the Engineer for their records. 3.10 Performance and Payment Bonds Unless otherwise specified, it is further agreed by the Parties to the Contract that the Contractor will execute separate performance and payment bonds, each in the sum of one hundred (100 %) percent of the total contract price, in standard forms for this purpose, guaranteeing faithful performance of the work and the fulfillment of any guarantee required, and further guaranteeing payment to all persons supplying labor and materials or furnishing him any equipment in the execution of the Contract. If the contract price is $25,000.00 or less no payment or performance bond shall be required. It is agreed that the Contract shall not be in effect until such performance and payment bond are furnished and approved by the Owner. Unless otherwise specified, the cost of the premium for the performance and payment bonds shall be included in the price bid by the Contractor for the work under this Contract, and no extra payment for such bonds will be made by the Owner. Unless otherwise approved in writing by the Owner, the surety company underwriting the bonds shall be licensed to write such bonds in the State of Texas. GC -14 3.11 Losses from Natural Causes 3.12 Protection of Adjoining Property 3.13 Protection Against Claims of Subcontractors, Laborers, Materialmen and Furnishers of Machinery, Equipment and Supplies 3.14 Protection Against Royalties or Patented Invention gencaw.d« 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 bome by the Contractor at his own cost and expense. The said Contractor shall take proper means to protect the adjacent or adjoining property or properties in any way encountered, which might be injured or seriously affected by any process of construction to be undertaken under this Agreement, from any damage or injury by reason of said process of construction; and he shall be liable for any and all claims for such damage on account of his failure to fully protect all adjoining property. The Contractor agrees to indemnify, save and hold harmless the Owner and Engineer against any claim or claims for damages due to any injury to any adjacent or adjoining property, arising or growing out of the performance of the contract regardless of whether or not it is caused in part by a party indemnified hereunder, but any such indemnity shall not apply to any claim of any kind arising solely out of the existence or character of the work. The Contractor agrees that he will indemnify and save the Owner and Engineer harmless from all claims growing out the lawful demands of Subcontractors, laborers, workers, mechanics, materialmen and fumishers of machinery and parts thereof, equipment, power tools, and all supplies, including commissary, incurred in the furtherance of the performance of this contract. When so desired by the Owner, Contractor shall furnish satisfactory evidence that all obligations of the nature hereinabove designated have been paid, discharged or waived. If the Contractor fails to do so, then the Owner may at the option of the Contractor either pay directly any unpaid bills, of which the Owner has written notice, or withhold from the Contractor's unpaid compensation a sum of money deemed reasonably sufficient to liquidate any and all such lawful claims until satisfactory evidence is furnished that all liabilities have been fully discharged, whereupon payments to the Contractor shall be resumed in full, in accordance with the terms of this contract, but in no event shall the provisions of this sentence be construed to impose any obligation upon the Owner by either the Contractor or his Surety. The Contractor shall pay all royalties and license fees, and shall provide for the use of any design, device, material or process covered by letter patent or copyright by suitable legal agreement with the patentee or owner. The contractor shall defend all suits or claims for GC -15 genconddoe infringement of any patent or copyright rights and shall indemnify and save the Owner and Engineer harmless from any loss on account thereof, except that the Owner shall defend all such suits and claims and shall be responsible for all such loss when a particular design, device, material or process or the product of a particular manufacturer or manufacturers is specified or required by the Owner; provided, however, if choice of altemate design, device, material or process is allowed to the Contractor, then Contractor shall indemnify and save Owner harmless form any loss on account thereof. If the material or process specified or required by the Owner is known by the Contractor to be an infringement, the Contractor shall be responsible for such Loss unless he promptly gives such information to the Owner. 3.15 Laws and Ordinances The Contractor shall at all times observe and comply with all Federal, State and Local laws, ordinance and regulations, which in any manner affect the contract or the work, and shall 'indemnify and save harmless the Owner and Engineer against any claim arising from the violation of any such laws, ordinances, and regulations whether by the Contractor or his employees, except where such violations are called for by the provisions of the Contract Documents. If the Contractor observes that the plans and specifications are at variance therewith, he shall promptly notify the Engineer in writing, and any necessary changes shall be prepared as provided in the contract for changes in the work. If the Contractor performs any work knowing it to be contrary to such laws, ordinances, rules and regulations, and without such notice to the Engineer, he shall bear all costs arising therefrom. In case the Owner is a body politic and corporate, the law from which it derives its powers, insofar as the same regulates the objects for which, or the manner in which, or the conditions under which the Owner may enter into contract, shall be controlling, and shall be considered as part of this contract, to the same effect as though embodied herein. 3.16 Assignment and Subletting The Contractor further agrees that he will retain personal control and will give his personal attention to the fulfillment of this contract and that he will not assign by Power of Attorney, or otherwise, or sublet said contract without the written consent of the Engineer, and that no .part or feature of the work will be sublet to anyone objectionable to the Engineer or the Owner. The Contractor further agrees that the subletting of any portion or feature of the work, or materials required in the performance of this contract, shall not relieve the Contractor from his full obligations to the Owner, as provided by this Agreement. 3.17 Indemnification The Contractor shall defend, indemnify and hold harmless the Owner and the Engineer and their respective officers, agents and employees, from and against all damages, claims, losses, demands, suits, judgements and costs, including reasonable attorneys' fees and expenses, arising out of or resulting from the performance of the work, provided that any such damages, GC -16 xencond da claim, Loss, demand, suit, judgment, cost or expense: 1. Is attributable to bodily injury, sickness, disease or death to any person including Contractor's employees and any Subcontractor's employees and any Sub - Subcontractor's employees or to injury to or destruction of tangible property including Contractor's property (other than the work itself) and the property of any Subcontractor of Sub - Subcontractor including the loss of use resulting therefrom; and, 2. Is caused in whole or in part by any intentional or negligent act or omission of the Contractor, any Subcontractor, any Sub - subcontractor or anyone directly or indirectly employed by any one of them or anyone for whose acts any of them may be liable, regardless of whether or not it is caused in part by a party indemnified hereunder. The obligation of the Contractor under this Paragraph shall not extend to the liability of the Engineer, his agents or employees arising out of the preparation of maps, plans, reports, surveys, Change Orders, designs or specifications, or the approval of maps, plans, reports, surveys, Change Orders, designs or specifications or the issuance of or the failure to give directions or instructions by the Engineer, his agents or employees, provided such is the sole cause of the injury or damage. In any and all claims against the Owner or the Engineer or any of their agents or employees by any employee of the Contractor, any Subcontractor, any Sub - Subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, the indemnification obligation under Paragraph 3.17 shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the Contractor or any Subcontractor or Sub - Subcontractor under workmen's compensation acts, disability benefit acts or other employee benefit acts. 3.18 Insurance The Contractor shall carry insurance as follows for the duration of this contract. A. Statutory Workmen's Compensation. Definitions: 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. GC -17 genwnd doc 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 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. GC -18 gc cond doo 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 calendar days after receipt by the Contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project. The Contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter. The Contractor shall notify the governmental entity in writing by certified mail or personal delivery, within 10 calendar days after the Contractor knew or should have known, or any change that materially affects the provision of coverage of any person providing services on the project. The Contractor shall post on each project site a notice, in the text, form and manner prescribed by the Texas Workers' Compensation Commission, informing all persons providing services on the project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage. The Contractor shall contractually require each person with whom it contracts to provide services on project, to: (a) provide coverage, based on proper reporting of classification codes and payroll amounts of filing of any coverage agreements, that meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all of its employees providing services on the project, for the duration of the project; (b) provide to the Contractor, prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project, for the duration of the project; (c) provide the Contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; GC -19 gmoonadoc (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; (e) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (f) notify the governmental entity in writing by certified mail or personal delivery, within 10 calendar days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and (g) contractually require each person with whom it contracts, to perform as required by paragraphs (a) - (g), with the certificates of coverage to be provided to the person for whom they are providing services. By signing this contract, or providing, or causing to be provided a certificate of coverage, the Contractor is representing to the governmental entity that all employees of the Contractor who will provide services on the project will be covered by workers' compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self - insured, with the Commission's Division of Self - Insurance Regulation. Providing false or misleading information may subject the Contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions. The Contractor's failure to comply with any of these provisions is a breach of contract by the contractor that entitles the governmental entity to declare the contract void if the Contractor does not remedy the breach within ten calendar days after the receipt of notice of breach from the governmental entity. B. Comprehensive General Liability Insurance with minimum Bodily Injury limits of $300,000 for each occurrence including like coverage for acts and omissions of Subcontractors and contractual liability coverage. C. Property Damage Insurance with minimum limits of $50,000 for each occurrence including like coverage for acts and omissions of Subcontractors and contractual liability coverage. GC -20 genoona.da 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 Engineer. The Contractor shall not allow any. Subcontractors to commence work until all insurance required has been obtained and approved. Approval of the insurance by the Owner and Engineer shall not relieve or decrease the liability of the contractor hereunder. The required insurance must be written by a company licensed to do business in Texas at tlie time the policy is issued. In addition, the company must be acceptable to the Owner and all insurance (other than Workmen's compensation) shall be endorsed to include the Owner as an additional insured thereunder. The Contractor shall not cause any insurance to be cancelled nor permit any insurance to lapse. All insurance certificates shall include a clause to the effect that the policy shall not be cancelled or reduced, restricted or limited until ten (10) days after the Owner has received written notice as evidenced by return receipt of registered certified letter. Certificates of Insurance shall contain transcripts from the proper office of the insurer, evidencing in particular those insured, the extent of the insurance, the location and the operations to which the insurance applies, the expiration date, and the above mentioned notice of cancellation clause. 3.19 Final Clean -up Upon the completion of the work and before acceptance and final payment will be made, the Contractor shall clean and remove from the site of the work, surplus and discarded materials, temporary structures and debris of every kind. He shall leave the site of the work in a neat and orderly condition at least equal to that which originally existed. Surplus and waste materials removed from the site of the work shall be disposed of at locations satisfactory to the Engineer. In the event Contractor fails or refuses to clean and remove surplus materials and debris as above provided, the Owner or Engineer may do so, or cause same to be done, at the Contractor's expense and the reasonable cost thereof shall be deducted from the final payment. GC -21 3.20 Guarantee Against Defective Work The contractor warrants the materials and workmanship and that the work is in conformance with the plans and specifications included in this contract for a period of one year from the date of acceptance of the project. Said warranty binds the contractor to correct any work that does not conform with such plans and specifications or any defects in workmanship or materials furnished under this contract which may be discovered within the said one year period. The Contractor shall at his own expense correct such defect within thirty days after receiving written notice of such defect from the Owner or Engineer by repairing same to the condition called for in the contract documents and plans and specifications. Should the Contractor fail or refuse to repair such defect within the said thirty day period or to provide acceptable assurances that such repair work will be completed within a reasonable time thereafter, the Owner may repair or cause to be repaired any such defect at the Contractor's expense. 3.21 Testing of Materials Unless otherwise specified, testing of all materials to be incorporated into the project will be as directed by the Engineer at the expense of the Owner. All retesting for work rejected on the basis of test results will be at the expense of the Contractor and the extent of the retesting shall be determined by the Engineer. The Engineer may require additional testing for failing tests _ and may require two passing retests before acceptance will be made by the Owner. The testing laboratory will be designated by the Owner. All materials to be incorporated into the project must meet the requirements of these specifications. For manufactured materials such as reinforcing steel, expansion joint materials, concrete pipe, cement, miscellaneous steel, cast iron materials, etc., the Contractor will be required to furnish a manufacturer's certificate stating that the material meets the requirements specified for this project. 3.22 Wage Rates (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 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. genwnddoc GC -22 Kenoond.doc 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. GC -23 WR1001 July 1997 Applicable wage rates are shown in Section 06 - WAGE RATES of the SPECIAL CONDITIONS. 4.0 Prosecution and Progress 4.01 Time and Order of Completion gencond.doe 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 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. GC -24 5.0 Measurement and Payment 5.01 Quantities and Measurements gncondda No extra or customary measurements of any kind will be allowed, but the actual measured and/or computed length, area, solid contents, number and weight only shall be considered, unless otherwise specifically provided. 5.02 Estimated Quantities This agreement, including the specifications, plans and estimate, is intended to show clearly all work to be done and material to be furnished hereunder. Where the estimated quantities are shown for the various classes of work to be done and material to be furnished under this contract, they are approximate and are to be used only as a basis for estimating the probable cost of the work and for comparing the proposals offered for the work. It is understood and agreed that the actual amount of work to be done and material to be furnished under this contract may differ somewhat from these estimates, and that where the basis for payment under this contract is the unit price method, payment shall be for the actual amount of such work done and material furnished. Where payment is based on the unit price method, the Contractor agrees that he will make no claim for damages, anticipated profits or otherwise on account of any differences which may be found between the quantities of work actually done, the material actually furnished under this contract and. the estimated quantities contemplated and contained in the proposal; provided, however, that in case the actual quantity of any major item should become as much as 20% more than, or 20% less than the estimated or contemplated quantity for such items, then either party to this Agreement, upon demand, shall be entitled to revised consideration upon the portion of the work above or below 20% of the estimated quantity. A "Major Item" shall be construed to be any individual bid item incurred in the proposal that has a total cost equal to or greater that five (5) percent of the total contract cost, computed on the basis of the proposal quantities and the contract unit prices. Any revised.consideration is to be determined by agreement between the parties, otherwise by the terms of this Agreement, as provided under "Extra Work ". 5.03 Price of Work 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 GC -25 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 1st day of each month, the Contractor shall submit to the Engineer a ' statement showing the total value of the work performed up to and including the 25th day of the preceding month. The statement shall also include the value of all sound materials delivered on the job site and to be included in the work and all partially completed work ' whether bid as a lump sum or a unit item which in the opinion of the Engineer is acceptable. The Engineer shall examine and approve or modify and approve such statement. The Owner shall then pay the Contractor on or before the 20th day of the current month the total amount of the approved statement, less 10 percent of the amount thereof, which 10 ' percent shall be retained until final payment, and further less all previous payments and all further sums that may by retained by the Owner under the terms of this Agreement. It is understood, however, that in case the whole work be near to completion and some unexpected and unusual delay occurs due to no fault or neglect on the part of the Contractor, and Owner may - upon written recommendation of the Engineer - pay a reasonable and equitable portion of the retained percentage to the Contractor; or the Contractor at the Owner's option, may be ' relieved of the obligation to fully complete the work and, thereupon, the Contractor shall receive payment of the balance due him under the contract subject only to the conditions stated under "Final Payment ". 5.05 Use of Completed Portions ' The Owner shall have the right to take possession of and use any completed or partially completed portions of the work, notwithstanding the time for completing the entire work or such portions may not have expired but such taking possession and use shall not be deemed an acceptance of any work not completed in accordance with the Contract Documents. If such prior use increases the cost of or delays the work, the Contractor shall be entitled to such extra compensation, or extension of time, or both, as the Engineer may determine. ' The Contractor shall notify the Engineer when, in the Contractor's opinion, the contract is ' "substantially completed" and when so notifying the Engineer, the Contractor shall furnish to the Engineer in writing a detailed list of unfinished work. The Engineer will review the Contractor's list of unfinished work and will add thereto such items as the Contractor has ' failed to include. The "substantial completion" of the structure or facility shall not excuse the Contractor from performing all of the work undertaken, whether of a minor or major nature, and thereby completing the structure or facility in accordance with the Contract Documents. 1 gencomaa GC -26 1 5.06 Final Completion and Acceptance Within ten (10) days after the Contractor has given the Engineer written notice that the work has been completed, or substantially completed, the Engineer and the Owner shall inspect the work and within said time, if the work be found to be completed in accordance with the Contact Documents, the Engineer shall issue to the Owner and the Contractor his Certificate of Completion, and thereupon it shall be the duty of the Owner to issue a Certificate of Acceptance of the work to the Contractor or to advise the Contractor in writing of the reason for non - acceptance. 5.07 Final Payment Upon the issuance of the Certificate of Completion, the Engineer shall proceed to make final measurements and prepare final statement for the value of all work performed and materials fumished under the terms of the Agreement and shall certify same to the Owner, who shall pay to the Contractor on or before the 30th day, and before the 35th day, after the date of the Certificate of Completion, the balance due the Contractor under the terms of this contract; and said payment shall become due in any event upon said performance by the Contractor. Neither the Certificate of Acceptance nor the final payment, nor any provision in the Contract Documents, shall relieve the Contractor of the obligation for fulfillment of any warranty which may be required. 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: geneond.doc 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 be completed within the contract time. g) Other causes affecting the performance of the contract. GC -27 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 genconfidoc Should the Owner fail to make payment to the Contractor of the sum named in any partial or final statement, when payment is due, then the Owner shall pay to the Contractor, in addition to the sum shown as due by such statement, interest thereon at the rate of 6% per annum, unless otherwise specified, from date due as provided under 'partial payments' and final 'payments,' until fully paid, which shall fully liquidate any injury to the Contractor growing out of such delay in payment. It is expressly agreed that delay by the Owner in making payment to the Contractor of the sum named in any partial or final statement shall not constitute a breach of this contract on the part of the Owner nor an abandonment thereof nor shall it to any extent or for any time relieve the Contractor of his obligations to fully and completely perform hereunder. 6.0 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. GC -28 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 gencond.doc It is agreed that the basis of compensation to the Contractor for work either added or deleted by a Change Order or for which a claim for Extra Work is made shall be determined by the unit prices upon which this contract was bid to the extent such work can be fairly classified within.the various work item descriptions and for work items that cannot be so classified by one or more of the following methods: Method (A) By agreed unit prices; or Method (B) By agreed lump sum; or Method (C) If neither Method (A) nor Method (B) be agreed upon before the Extra Work is commenced, then the Contractor shall be paid the "actual field cost" of the work, plus fifteen (15) percent. In the event said Extra Work be performed and paid for under Method (C), then the provisions . of this paragraph shall apply and the "actual field cost" is hereby defined to include the cost to the Contractor of all workmen, such as foreman, timekeepers, mechanics and laborers, and materials, supplies, trucks, rentals on machinery and equipment, for the time actually employed or used on such Extra Work, plus actual equipment, for the time actually employed or used on such Extra Work, plus actual transportation charges necessarily incurred, together with all power, fuel, lubricants, water and similar operating expenses, also all necessary incidental expenses incurred directly on account of such Extra Work, including Social Security, Old Age Benefits and other payroll taxes, and, a rateable proportion of premiums on Performance and Payment Bonds and Maintenance Bonds, Public Liability and Property Damage and Workmen's Compensation, and all other insurance as may be required by any law or ordinance, or directed by the Owner, or by them agreed to. The Engineer may direct the form in which accounts of the "actual field cost" shall be kept and the records of these accounts shall be made available to the Engineer. The Engineer or Owner may also specify GC -29 in writing, before the work commences, the method of doing the work and the type and kind of machinery and equipment to be used; otherwise these matters shall be determined by the Contractor. Unless otherwise agreed upon, the prices for the use of machinery and equipment shall be determined by using 100 percent, 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 (15 %) percent of the "actual field cost" to be paid the Contractor shall cover and compensate him for his profit, overhead, general superintendence and field office expense, and all other elements of cost and expense not embraced within the "actual field cost" as herein defined, save that where the Contractor's Camp or Field Office must be maintained primarily on account of such Extra Work; then the cost to maintain and operate the same shall be included in the "actual field cost." No claim for Extra Work of any kind will be allowed unless ordered in writing by the Engineer. In case any orders or instructions, either oral or written, appear to the Contractor to involve Extra Work for which he should receive compensation or an adjustment in the construction time, he shall make written request to the Engineer for written order authorizing such Extra Work. Should a difference of opinion arise as to what does or does not constitute Extra Work, or as to the payment therefor, and the Engineer insists upon its performance, the Contractor shall proceed with the work after making written request for written order and shall keep an accurate account of the "actual field cost" thereof, as provided under Method (C). The Contractor will therehy preserve the right to submit the matter of payment to arbitration, as hereinbelow provided. 6.04 Time of Filing Claims It is further agreed by both parties hereto that all questions of dispute or adjustment presented by the Contractor shall be in writing and filed with the Engineer within thirty (30) days after the Engineer has given any directions, order or instruction to which the Contractor desires to take exception. The Engineer shall reply within thirty (30) days to such written exceptions by the Contractor and render his final decision in writing. In case the Contractor should appeal from the Engineer's decision, any demand for arbitration shall be filed with the Engineer and the Owner in writing within ten (10) days after the date of delivery to Contractor of the Engineer's final decision. It is further agreed that 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 geMond doe GC -30 resolution of any disputes or disagreements, except as the Owner may otherwise agree in writing. 6.06 Arbitration All questions of dispute under this Agreement shall be submitted to arbitration at the request of either party to the dispute. The parties may agree upon one arbiter, otherwise, there shall be three, one named in writing by each party, and the third chosen by the two arbiters so selected; or if the arbiters fail to select a third within ten (10) days, he shall be chosen by a District Judge serving the County in which the major portion of the project is located, unless otherwise specified. Should the party demanding arbitration fail to name an arbiter within ten (10) days of the demand, his right to arbitrate shall lapse, and the decision of the Engineer shall be final and binding on him. Should the other party fail to Choose an arbiter within ten (10) days, the Engineer shall appoint such arbiter. Should either party refuse or neglect to supply the arbiters with any papefs or information demanded in writing, the arbiters are empowered by both parties to take ex party proceedings. The arbiters shall act with promptness. The decision of any two shall be binding on both parties to the contract. The decision of the arbiters upon any questions submitted to arbitration under this contract shall be a condition precedent to any right of legal action. The decision of the arbiter or arbiters may be filed in court to carry it into effect. The arbiters, if they deem the case demands it, are authorized to award the party whose contention is sustained, such sums as they deem proper for the time, expense and trouble incident to the appeal, and if the appeal was taken without reasonable cause, they may award damages for any delay occasioned thereby. The arbiters shall fix their own compensation unless otherwise provided by agreement, and shall assess the cost and charges of the arbitration upon either or both parties. The award of the arbiters must be made in writing. 7.0 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. ge cond.doc After receiving said notice of abandonment the Contractor shall not remove from the work any machinery, equipment, tools, materials or supplies then on the job, but the same, together with GC -31 genwnddoc 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, Extra Work and Claims), it being understood that the use of such equipment and materials will ultimately reduce the cost to complete the work and be reflected in the final settlement. Where there is no performance bond provided or in case the Surety should fail to commence compliance with the notice for completion hereinbefore provided for, within ten (10) days after service of such notice, then the Owner may provide for completion of the work in either of the following elective manners: (1) The Owner may thereupon employ such force of men and use such machinery, equipment, tools, materials and supplies as said Owner may deem necessary to complete the work and charge the expense of such labor, machinery, equipment, tools, materials and supplies to said Contractor, and expense so charged shall be deducted and paid by the Owner out of such moneys as may be due, or that may thereafter at any time become due to the Contractor under and by virtue of this Agreement. In case such expense is less than the sum which would have been payable under this contract, if the same had been completed by the Contractor, then said Contractor shall receive the difference. In case such expense is greater than the sum which would have been payable under this contract, if the same had been completed by said Contractor, then the Contractor and/or his Surety shall pay the amount of such excess to the Owner, or (2) The Owner under competitive bids, taken after notice published as required by law, may let the contract for the completion of the work under substantially the same terms and conditions which are provided in this contract. In case there is any increase in cost to the Owner under the new contract as compared to what would have been the cost under this contract, such increase shall be charged to the Contractor and the Surety shall be and remain bound therefor. However, should the cost to complete any such contract prove to be less than would have been the cost to complete under this contract, the Contractor and/or his Surety shall be credited therewith. When the work shall have been substantially completed the Contractor and his Surety shall be so notified and Certificates of Completion and Acceptance, as provided in Paragraph 5.06 hereinabove, shall be issued. A complete itemized statement of the contract accounts, certified to by the Engineer as being correct, shall then be prepared and delivered to the Contractor and his Surety, whereupon the Contractor and/or his Surety, or the Owner as the case may be, shall pay the balance due as reflected by said statement, within fifteen (15) days after the date of such Certificate of Completion. GC -32 In the event the statement of accounts shows that the cost to complete the work is less than that which would have been the cost to the Owner had the work been completed by the Contractor under the terms of this contract; or when the Contractor and/or his Surety shall pay the balance shown to be due by them to the owner, then all machinery, equipment, tools, materials or supplies left on the site of the work shall be tumed 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 g,ncond d« In case the Owner shall fail to comply with the terms of this contract, and should fail to comply with said terms within ten (10) days after written notification by the Contractor, then the Contractor may suspend or wholly abandon the work, and may remove therefrom all machinery, tools and equipment, and all materials on the site of work that have not been included in payments. to the Contractor and have not been wrought into the work. And thereupon the Engineer shall make an estimate of the total amount earned by the Contractor, which estimate shall include the value of all work actually completed by said Contractor (at the prices stated in the attached proposal where unit prices are used), the value of all partially completed work at a fair and equitable price, and the amount of all Extra Work performed at the prices agreed upon, or provided for by the terms of this contract, and a reasonable sum to cover the cost of any provisions made by the Contractor to carry the whole work to completion and which cannot be utilized. The Engineer shall then make a final statement of the balance due the Contractor by deducting from the above estimate all previous payments by the Owner and all other sums that may be retained by the Owner under the terms of this Agreement and shall certify same to the Owner who shall pay to the Contractor on or before thirty (30) days after the date of the notification by the Contractor the balance shown by said final statement as due the Contractor, under the terms of this Agreement. GC -33 8.0 Subcontractors 8.01 Award of Subcontracts for Portions of the Work gencoMdoc 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 reasonable objection to any Subcontractor on such list and does not accept him. Failure of the Owner or Engineer to make objection promptly to any Subcontractor on the list shall cbnstitute 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 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. GC -34 8.02 Subcontractual Relations All work performed for the Contractor by a Subcontractor shall be pursuant to an appropriate written agreement between the Contractor and the Subcontractor (and where appropriate between Subcontractors and Sub - subcontractors) which shall contain provisions that: (1) preserve and protect the rights of the Owner and Engineer under the Contract with respect to the work to be performed under the subcontract so that the subcontracting thereof will not prejudice such rights; (2) require that such work be performed in accordance with the requirements of the Contract Documents; (3) require submission to the Contractor of the applications for payment under each 'subcontract to which the Contractor is a party, in reasonable time to enable the Contractor to apply for payment in accordance with this contract; (4) require that all claims for additional costs, extensions of time, damages for delays or otherwise with respect to subcontracted portions of the work shall be submitted to the Contractor (via any Subcontractor or Sub - subcontractor where appropriate) in sufficient time so that the Contractor may comply in the manner provided in the Contract Documents for like claims by the Contractor upon the Owner; (5) 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 obligate each subcontractor specifically to consent to the provisions of this section. The Contractor. shall pay each Subcontractor, upon receipt of payment from the Owner, an amount directly based upon the value of the work performed and allowed to the Contractor on account of such Subcontractor's work, less the percentage retained from payments to the Contractor. The Contractor shall also require each Subcontractor to make similar payments to his subcontractors. If the Engineer fails to approve a payment for any cause which is the fault of the Contractor and not the fault of a particular Subcontractor, the Contractor shall pay the Subcontractor on demand, made at any time after the Certificate for Payment should otherwise have been issued, for his work to the extent completed, less the retained percentage. GC -35 gencond.d. The Engineer may, on request and at his discretion, furnish to any Subcontractor, if practicable, information regarding percentages of completion certified to the Contractor on account of work done by such Subcontractors. Neither the Owner nor the Engineer shall have any obligation to pay or to see to the payment of any moneys to such Subcontractor except as may otherwise be required. 9.0 Separate Contracts 9.01 Owner's Right to Award Separate Contracts The Owner reserves the right to award other contracts in connection with other portions of the project under these or similar conditions of the Contract. When separate contracts are awarded for different portions of the Project, "The Contractor" in the contract documents in each case shall be the contractor who signs each separate contract. 9.02 Mutual Responsibility of Contractors The Contractor shall afford other contractors reasonable opportunity for the introduction and storage of their materials and equipment and the execution of their work, and shall properly connect and coordinate his work with theirs. If any part of the Contractor's work depends for proper execution or results upon the work of any other separate contractor, the Contractor shall inspect and promptly report to the Engineer any apparent discrepancies or defects in such work that render it unsuitable for such proper execution and results. Failure of the Contractor to so inspect and report shall constitute an acceptance of the other contractor's work as fit and proper to receive his Work, except as to defects which may develop in the other separate contractor's work after the execution of the Contractor's Work. Should the Contractor cause damage to the work or property of any separate contractor on the project, the Contractor shall, upon due notice, settle with such other contractor by agreement or arbitration, if he will so settle. If such separate contractor sues the Owner or initiates an arbitration proceeding on account of any damage alleged to have been so sustained, the Owner shall notify the Contractor who shall defend such proceedings at the Contractor's expense, and if any judgment or award against the Owner arises therefrom the Contractor shall pay or satisfy it and shall reimburse the Owner for all attorney's fees and court or arbitration costs which the Owner has incurred. GC -36 9.03 Cutting and Patching under Separate Contracts Any costs caused by defective or ill -timed work shall be borne by the party responsible therefor. 10.0 Protection of Persons and Property 10.01 Safety Precautions and Programs The Contractor shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the work. 10.02 Safety of Persons and Property The Contractor shall take all reasonable precautions for the safety of, and shall provide all - reasonable protection to prevent damage, injury, or loss to: (1) all employees on the work and all other persons who may be affected thereby: (2) all the work and all materials and equipment to be incorporated therein, whether in storage or off the site, under the care, custody or control of the Contractor or any of his Subcontractors or Sub - Subcontractors; and 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. g n ondda 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. (3) GC -37 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 twenty -four hours prior to using explosives. A blasting permit must be obtained from the City at least five (5) days prior to use of explosives. If Blasting is covered under the Contractors General Insurance Certificate for each contract, a separate blasting certificate will not be required. 2. The following public utility companies and City Department will be notified by the Contractor, on every occasion, at least twenty-four (24) hours prior to the use of explosives: Water and Wastewater, Electric, Gas, Telephone and the City Engineering Department. 3. Explosive materials to be used shall be limited to blasting agents and dynamite, unless prior approval of other materials is obtained in writing from the Engineering Department. 4. During blasting, all reasonable precautions shall be taken to protect pedestrians, passing vehicles, and public or private property. Blasting mats or protective cover shall be used when required by the City Inspector, the permit, or by safe blasting practices. 5. All explosives shall be stored in accordance with Chapter 5, Section 5.200, of the City Code. 6. The Director of Engineering or his representative shall have the right to limit the use of explosives and/or blasting methods which in his opinion are dangerous to the public or nearby property of any kind. 7. The Contractor, at his expense, shall promptly repair or replace all items known to be damaged as a result of blasting. All claims of damage shall be investigated by the City or by Consulting Firms approved by the City. 8. The Contractor shall maintain accurate records throughout the Blasting GC -38 10.03 Location and Protection of Utilities grncond.doc operations showing the type explosive used, number of holes, pounds per hole, depth of hole, total pounds per shot, delays used, date and time of blast and initials of the Inspector. The Contractor is fully responsible for all claims resulting from his blasting operation. All damage or loss to any property referred to in this article caused in whole or in part by the Contractor, any Subcontractor, any Sub - subcontractor, or anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable, shall be remedied by the Contractor, except damage or loss attributable solely to faulty Drawings or Specifications or solely to the acts or omissions of the Owner or Engineer or anyone employed by either of them, and not attributable in any degree to the fault or negligence of the Contractor. The contractor shall designate a responsible member of his organization at the site whose duty shall be the prevention of accidents. This person shall be the Contractor's superintendent unless otherwise designated in writing by the Contractor to the Owner and the Engineer. Notwithstanding any other provision of this contract, the Contractor shall be solely responsible for the location and protection of any and all public utility lines and utility customer service lines in the work area. The Contractor shall exercise due care to locate and to mark, uncover or otherwise protect all such lines in the construction zone and any of the Contractor's work or storage areas. Upon request, the Owner shall provide such information as it has about the location and grade of water, sewer, gas, and telephone and electric lines and other utilities in the work area but such information shall not relieve or be deemed to be in satisfaction of the Contractor's obligation hereunder, which shall be primary and nondelegable. Any such lines damaged by the Contractor's operations shall be immediately repaired by the Contractor or he shall cause such damage to be repaired at his expense. GC -39 5.0 SPECIAL CONDITIONS 1 1 1.0 INFORMATION 1 1.01 ENGINEER The word "Engineer" in these Specifications shall be understood as referring to Baker - Aicklen & Associates, Inc., 203 E. Main Street, Suite 201, Round Rock, Texas 78664, Engineer of the Owner, or the Engineer's authorized representative to act in any particular position for the Owner. ' 1.02 COPIES OF PLANS AND SPECIFICATIONS FURNISHED The Agreement will be prepared in not less than five (5) counterpart (original signed) 1 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. 1 1.03 GOVERNING CODES 1 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. 1.04 LIOUIDATED 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 1 and uncertain, so that for each day of delay beyond the number days of 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 $500.00 per calendar day. 1 1.05 LOCATION The location of work shall be as mentioned in the Notice to Bidders and as indicated on Plans. 1 1.06 USAGE OF WATER All water used during construction shall be provided by the City. The City shall specify the location from which the Contractor is to procure water. The Contractor shall be responsible for providing all apparatus necessary for procuring, storing, transporting and 1 using water during construction. The Contractor shall strive to use that amount of water speccond.doc SC -1 1 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. 1.07 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 retumed to Contractor. 2.0 SPECIAL CONSIDERATIONS 2.01 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. 2.02 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. 2.03 GUARANTEES The Contractor warrants the materials and workmanship and that the work is in conformance with the plans and specifications included in this contract for the period that the Maintenance 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. 2.04 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 speccond.doc SC -2 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. 2.05 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 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. 2.06 CONSTRUCTION REVIEW The Owner shall provide a project representative to review the quality of materials and workmanship. 2.07 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. 2.08 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. 2.09 "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 speccond.doc SC -3 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. 2.10 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 materials. 2.11 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. 2.12 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. 3.0 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 (i.e. Fire Department, E.M.S., Public Works, etc.). At the end of each day two lanes of traffic shall be opened to the public. The Contractor shall be responsible for all maintenance, signing and safety precautions necessary for traffic control. This item shall be considered subsidiary to other bid items and no additional compensation shall be given for complying with this Special Condition. speccond.doc SC -4 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 4.0 WARRANTY BOND Per City of Round Rock Ordinances, a one (1) year Warranty Bond naming the City of Round Rock as obligee will be required in the amount of one hundred (100 %) percent of the contract price and shall be submitted prior to final payment. Such bonds shall be from an approved surety company holding a permit from the State of Texas to act as surety (and acceptable according to the latest list of companies holding certificates of authority from the Security of the Treasury of the United States) or other surety or sureties acceptable to the Owner prior to final payment. 5.0 INSURANCE Section 3.18 of the General Conditions of the Agreement is hereby amended to include the following: 3.18 Insurance speccond.doc 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, non -owned 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 SC -5 speccond.doc insurance. Contractor shall require similar waivers by Subcontractors and Sub - subcontractors. e. Owner and Contractor's Protective Policy. The Contractor shall provide and maintain during the life of this contract and until all work under said contract has been completed and accepted by the Owner, an Owner's and Contractor's Protective Policy which co- insures the Owner and the Owner's agents and employees with the same Commercial General Liability coverage as described above, entitled "Commercial General Liability Insurance." When offsite storage is permitted, policy will be endorsed for transit and off site storage. in amounts sufficient to protect property being transported or stored. This insurance shall include, as insured, City of Round Rock, Contractor, Subcontractors and Sub - subcontractors in the work, as their respective interest may appear. If insurance policies are not written for amount specified in b. and c. above, Contractor is required to carry an Excess Liability Insurance Policy for any difference in amounts specified. Contractor shall be responsible for deductibles and self insured retentions, if any, stated in policies. Any self insured retention shall not exceed ten percent 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 bya company licensed to do business in the State of Texas at the time policy is issued and acceptable to owner. Contractor shallproduce an endorsement to each effected policy: 1. Naming City of Round Rock, 221 East Main Street, Round Rock, Texas 78664 as additional insured (except Workers' Compensation and Builders Risk). 2. That obligates the insurance company to notify Joanne Land, City Secretary, City of Round Rock, 221 East Main Street, Round Rock, Texas 78664 of any and all changes to policy 30 days prior to change. SC -6 3. That the "other" insurance clause shall not apply to Owner where City of Round Rock is an additional insured shown on policy. It is intended that policies required in this agreement, covering both Owner and Contractor, shall be considered primary coverage as applicable. Contractor shall not cause any insurance to be canceled nor permit any insurance to lapse during term of this Contract or as required in the Contract. If Contractor is underwritten on a claim -made basis, the retroactive date shall be prior to, or coincident with, the date of this Contract and the Certificate of Insurance shall state that coverage is claims made and also the retroactive date. Contractor shall maintain coverage for duration of this Contract and for two years following completion of this Contract. Contractor shall provide the City annually a Certificate of Insurance as evidence of such insurance. It is further agreed that Contractor shall provide Owner a 30 -day notice of aggregate erosion, an advance of the retroactive date, cancellation and/or renewal. It is also agreed that Contractor will invoke the tail option at request of Owner and the Extended Reporting Period (ERP) premium shall be paid by Contractor. Owner reserves the right to review insurance requirements of this section during effective period of the Contract and to make reasonable adjustments to insurance coverages and their limits when deemed necessary and prudent by Owner based upon changes in statutory law, court decisions or the claims history of the industry as well as Contractor. Owner shall be entitled, upon request, and without expense, to receive copies of policies and all endorsements thereto and may make any reasonable requests for deletion or revision or modification of particular policy terms, conditions, limitations or exclusions, except where policy provisions are established by law or regulation binding upon either of the parties hereto or the underwriter on any of such policies. Actual losses not covered by insurance as required by the section shall be paid by Contractor. speceond.doc SC -7 1 1 6.0 . WAGE RATES 1 GENERAL DECISION TX960043 03/15/96 TX43 General Decision Number TX960043 ' Superseded General Decision No. TX950043 ' State: TEXAS ' Construction Type: HEAVY HIGHWAY 1 County(ies): BELL CORYELL TRAVIS I BEXAR BRAZOS GUADALUPE WILLIAMSON 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 1 • COUNTY(ies): • BELL CORYELL TRAVIS I BEXAR BRAZOS GUADALUPE WILLIAMSON HAYS COMAL MCLENNAN 1 SUTX2042A 11/16/1991 ' Rates Fringes I AIR TOOL OPERATOR 6.500 ASPHALT HEATER OPERATOR 6.500 ASPHALT RAKER 7.011 I ASPHALT SHOVELER 6.550 BATCHING PLANT WEIGHER 8.173 BATTERBOUARD SETTER 7.700 1 CARPENTER 9.054 CONCRETE FINISHER -PAVING 8.600 CONCRETE FINISHER- STRUCTURES 7.903 I speccond.doc SC-8 CONCRETE RUBBER 6.740 ELECTRICIAN 13.710 FLAGGER 5.150 FORM BUILDER - STRUCTURES 8.017 FORM LINER -PAVING & CURB 7.250 FORM SETTER -PAVING & CURB 7.683 FORM SETTER- STRUCTURES 7.928 LABORER - COMMON 6.078 LABORER - UTILITY 6.852 MECHANIC 10.774 OILER 9.389 SERVICER - 7.280 PAINTER - STRUCTURES 10.000 PILEDRIVER 6.600 PIPE LAYER 7.229 BLASTER 9.067 ASPHALT DISTRIBUTOR OPERATOR 7.304 ASPHALT PAVING MACHINE 7.945 BROOM OR SWEEPER OPERATOR 7.117 BULLDOZER, 150 HP & LESS 8.125 BULLDOZER, OVER 150 HP 8.593 CONCRETE PAVING CURING MACHINE 7.633 CONCRETE PAVING FINISHING MACHINE 9.067 CONCRETE PAVING GANG VIBRATOR 7.250 CONCRETE PAVING SAW 6.200 SLIPPORM MACHINE OPERATOR 8.700 CRANE, CLAMSHELL, BACKHOE, DERRICK, DRAGLINE, SHOVEL LESS THAN 1 'A C.Y. 8.427 CRANE, CLAMSHELL, BACKHOE, DERRICK, DRAGLINE, SHOVEL 1 A C.Y. & OVER 9.880 FOUNDATION DRILL OPERATOR. CRAWLER MOUNTED 10.475 FOUNDATION DRILL OPERATOR 10.923 TRUCK MOUNTED FRONT END LOADER 2'A C.Y. & LESS 7.499 FRONT END LOADER OVER 2 'A C.Y. 8.255 HOIST - DOUBLE DRUM 10.750 MOTOR GRADER OPERATOR 9.657 PAVEMENT MARKING MACHINE 6.078 PLANER OPERATOR 7.250 ROLLER, STEEL WHEEL PLANT -MIX PAVEMENTS 7.083 speccond.doc SC -9 ROLLER, STEEL WHEEL OTHER FLATWHEEL OR TAMPING 6.403 ROLLER, PNEUMATIC, SELF PROPELLED 6.433 SCRAPER -17 C.Y. & LESS 7.245 SCRAPER -OVER 17 C.Y. 7.495 SELF PROPELLED HAMMER OPERATOR 6.078 SIDE BOOM 9.000 TRACTOR - CRAWLER TYPE 7.539 TRACTOR - PNEUMATIC - 6.707 TRENCHING MACHINE 6.850 WAGON-DRILL/BORING MACHINE/POST HOLE DRILLER OPERATOR • 6.926 REINFORCING STEEL SETTER PAVING 8.158 REINFORCING STEEL SETTER STRUCTURES 9.062 STEEL WORKER- STRUCTURAL 9.242 SIGN ERECTOR 8.640 SPREADER BOX OPERATOR 6.541 BARRICADE SERVICER WORK ZONE 6.078 MOUNTED SIGN INSTALLER PERMANENT GROUND 6.078 TRUCK DRIVER -SINGLE AXLE LIGHT 6.493 TRUCK DRIVER -SINGLE AXLE HEAVY 6.674 TRUCK DRIVER - TANDEM AXLE SEMI- TRAILER 6.824 TRUCK DRIVER - LOWBOY/FLOAT 8.041 TRUCK DRIVER - TRANSIT MD( - 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. speccond.doc SC -10 END OF GENERAL DECISION 7.0 WASTEWATER RE- ROUTING Upgradient wastewater flows shall not be impeded during the hours of 6:00 a.m. to 7:00 p.m. The contractor shall coordinate all construction sequences with the City of Round Rock Public Works Department. speccond.doe SC -11 6.0 TECHNICAL SPECIFICATIONS 1.0 GENERAL DESCRIPTION 1.01 SCOPE OF WORK techspec doc 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. 1.02 GOVERNING TECHNICAL SPECIFICATIONS NOTE: The item number designation shown in parentheses adjacent to captions herein is a reference to City of Austin Standard Specifications. STREET, WATER, SEWER AND DRAINAGE IMPROVEMENTS The current City of Austin Standard Specifications as adopted and amended by the City of Round Rock and the current City of Austin Erosion and Sedimentation Control Manual are hereby referred to and included in this contract as fully and to the same extent as if copied at length herein and they shall be applied to this project except as modified in these Specifications and on the Plans. Wherever the term "City of Austin" is used in the Austin Specifications, it shall, be construed to mean the City of Round Rock. Wherever the term "Engineer" is used in the Austin Specifications, it shall be construed to mean the City of Round Rock. 2.0 CONTROL OF WORK 2.01 CLEAN -UP 2.01.1 CONSTRUCTION SITE During construction the Contractor shall keep the site free and clean from all rubbish and debris and shall clean up the site promptly when notified to do so by the Engineer. The Contractor shall, at his own expense, maintain the streets and roads free from dust, mud, excess earth or debris which constitutes a nuisance or danger to the public using the thoroughfare, or the occupants of adjacent properties. TS -1 2.01.2 BACKWORK 2.02 GRADING techspec.doc 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. 3.0 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. TS -2 3.04 PROTECTION OF STAKES, MARKS, ETC. All engineering and surveyor's stakes, marks, property comers, etc., shall be carefully preserved by the Contractor, and in case of destruction or removal during the course of this project, such stakes, marks, property corners, etc., shall be replaced by the Contractor at the Contractor's sole expense. 4.0 PROTECTION AND PRECAUTION 4.01 WORK IN FREEZING WEATHER Portions of the work may continue as directed by the Engineer. 4.02 PROTECTION OF TREES, PLANTS AND SHRUBS The Contractor shall take necessary precautions to preserve all existing trees, plants and shrubs but where it is justifiable and necessary the Contractor may remove trees and plants for construction right -of -way but only with approval of the Engineer. 4.03 TRAFFIC CONTROL MEASURES AND BARRICADES Traffic control measures and barricades shall be installed in accordance with the "Texas Manual of Uniform Traffic Control Devices" and in other locations deemed necessary by the Engineer, for the protection life and property. Under no circumstances will any existing road be permitted to remain closed 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. techspec.doc TS -3 5.0 MATERIALS 5.01 TRADE NAMES Except as specified otherwise, wherever in the specifications an article or class of material is designated by a trade name or by the name or catalog number of any maker, patentee, manufacturer, or dealer, such designations shall be taken as intending to mean and specify the articles described or another equal thereto in quality, finish, and serviceability for the purpose intended, as may be determined and judged by the Engineer in his sole discretion. 5.02 MATERIALS AND WORKMANSHIP No material which has been used by the Contractor for any temporary purpose whatever is to be incorporated in the permanent structure without the written consent of the Engineer. Where materials or equipment are specified by a trade or brand name, it is not the intention of the owner to discriminate against an equal product of another manufacturer, but rather to set a definite standard of quality for performance, and to establish an equal basis for' the evaluation of bids. Where the words "equivalent ", "proper" or "equal to" are used, they shall be understood to mean that the item referred to shall be "proper ", the "equivalent" of, or "equal to" some other item, in the opinion or judgment 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. lechspcc.doc TS -4