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R-02-07-25-14F4 - 7/25/2002RESOLUTION NO. R- 02- 07- 25 -14F4 WHEREAS, the City of Round Rock has duly advertised for bids for the construction of a masonry fence and tree wells at Dell Way and Mays Street, and WHEREAS, G. Steven Smith General Contractors, Inc. has submitted the lowest responsible bid, and WHEREAS, the City Council wishes to accept the bid of G. Steven Smith General Contractors, 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 G. Steven Smith General Contractors, Inc. for the construction of a masonry fence and tree wells at Dell Way and Mays Street. 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 25th day of July, 20 CHRISTINE R. MARTINEZ, City Secre :: OD10\ WORLDOX\ O : \WDOX \RRSOLDTS \R207251 /0c ,WELL, Mayor City of Round Rock, Texas THE CITY OF ROUND ROCK BIDS PUBLIC WORKS DEPARTMENT 2008 Enterprise Dr. BY : Round Rock, Texas. 78664 DATE : (512) 218 -.5555 BID TABULATION SHEET: EXTENDED AND CHECKED Ricardo Zamarripa, Earth Tech 6126/02 1 of 1 CONTRACT : Dell Way @ Mays Street - Masonry Fence and Tree Wells LOCATION: Dell Way 0 May Street Contractor A -TEX Waterproofing, Inc. Bid Bond? Y Contractor Chaaco Contracting Bid Bond? Y Contractor FTWOODS Construction Bid Bond? Y Contractor G. Steven Smith G.C., Inc. Bid Bond? Y Contractor Mania Concrete & Contracting ln Bid Bond? Y DATE: June 25, 2002 ITEM 1. BLADING 2. BLDZR WORK 3. CONC GRADE BEAM 4. DRILL SHAFT 12' DIA 5. B CMU FENCE - 6. DRY STACK ROCK WALL 7. SILT FENCE UNIT •• 1 APPROX. ITY. . rr rr A r• 4: rs r t :re es . :•re UNIT PRICE t<7. rr 1 •.4• e9 .Y.- L • COST . rr,r• r•.r• •': ft 1, 1. 1 , . -e ,rr + :•. r UNIT PRICE .• ,rr w,•r . l,r'r Is fa 11 1. • COST - •• rr• , •,w 1• •r :C. •'r , ,P• + , r r UNIT PRICE •9 Co re •'•,r9 7. 81 . e •• • In COST . .r , r• Ts es , ':'•.r"• • .. r• •e • c •r , •, :• UNIT PRICE • 1 • , r• 1.r: e . • •,.4 - ,•.:. COST 4 :CU , CO 1.:4 ,•.ci... ;:'• r• UNIT PRICE + 1 C ttL rr ,Yr CO , r• •r• ,Cs COST :o'rCO ..4 re : r, +r,r• t . CO a n. :L 1 1. .44s'r :1. is 570,141.84 580,438.50 Base Bid Total: $134,944.14 $78,836.90 $92,829.30 $70,541.84 $80,438.50 ALTERNATE BID ITEM TOTAL: $134,944.14 $78,836.90 $92,829.30 $70,541.84 $80,438.50 :r x Ex s . 110.32 • F Li LI FfACE FOR g2;11 ,T TO REMAIN 13" DIAN TREE TO j R11CD R ER, m 4 c•,tW e- ( • FENCE • STA.10•17.71 SECTION A -A N. T. S TSR.J 5F 6' Cw cRLOE RFUT RElxi C • Ex MA. ( T1t I F sia (•c F. eT. ssE LT. IS 5 EE ALIO “SAFSKTFLE [ F r FENCE MIS STREET NOTFS I. SEE SRECT NO. E FOR CAN FORE DETAILS. 2. SEE SNEET NO. 6 MD FOR REAL/ DRT STACK. ROCK RLLiOETAILS. ].SEE SHEET NO. L FOR DRILLED SRLFT LINENS L WANT I TES. WM %; /7 ). ` - j y' / // 4.4s/oz THE CDT OF ROUND ROM, TEXAS MART/AD? OF PUNJC DORIS E A R i R ® T E C H TEXAS TREE WELL E LAYOUIT OF 3 0 10 30 50 75 100 • SHEET - .m.... 1 r I 'i AMSON DELLReT • MATS ST DATE: July 19, 2002 SUBJECT: City Council Meeting — July 25, 2002 ITEM: 14.F.4. Consider a resolution authorizing the Mayor to execute a contract with G. Steven Smith General Contractors, Inc. for the construction of a masonry fence and tree wells at Dell Way and Mays Street. Resource: Jim Nuse, Chief of Operations /Assistant City Manager Bill Stablein, Traffic Engineer Associate History: Along with the newly constructed roadway at South Mays a Masonry Fence was promised to the residents of the local neighborhoods for the purpose of reducing sound, and sight of the traffic. Funding: Cost: $70,541.84 Source of funds: Transportation CIP funds Outside Resources: G. Steven Smith General Contractor Earth Tech Engineering. Impact: Slight inconvenience during the construction phase of the project. Benefit: The masonry fence will provide not only an eye pleasing corridor buffer, but will also provide the local residents with a sight, and sound barrier from the traffic along the new Mays Roadway. Public Comment: N/A Sponsor: N/A 1 1 I A 1 1 1 1 1 1 1 1 1 1 PRODUCER COMPANIES AFFORDING COV :RAGE The Capitol City Insurance Agency, Inc. 0_,C. 8030 No. Mopac A Mid Continent Insurance Group 1 Austin, Tx 78759 512- 343 -0280 Fax !1512- 343 -0352 B . The Hartford INSURED G. Steven Smith General Contractor, Inc. 1g p k H 11 w Dr. Round Rock, Tx 6 D THIS IS T� CE1 T1)sY THAI' the Insured named abov I further hereinafter described. Exceptions to the policies are noted below: e is insured by the Companies listed above . i :h respect to the basin operations hereinafter described, for the types of insurance and in accordance with the provisions of ti- s standard policies used the companies, and A 1 CO TYPE OF INSURANCE POLICY EFFECTIVE EXPIRATION LIMITS LTR NUMBER DATE DATE B el-G? - 0 I - ?5 -14 F4 RECEIVED AUG 0 5 2002 CERTIFICATE OF LIABILITY INSURANCE GENERAL LIABILITY AUTOMOBILE LIABILITY EXCESS L)ABILJTY OTHER 04GL69207 09/11/01 09/11/02 06TX17869 C 09/11/01 09/11/02 WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY STATUTORY LIMITS 46WECGC2068 09/09/01 09/09/02 DESCRIPTION OF OPERATI ONS/LOCATIONSNEHICLES/SPECIA L ITEMS/EXCEPTIONS The City of Round Rock is named as additional insured with respect to all policies Workers' Compensation and Emplr oers' Liability. Should Im) the above described policies be cancelicd or changed before the expiration date thcrcoI the issuing company will mail thirty 3U) days written notice to certificate holder named below. CERTIFICATE HOLDER: City of Round Rock 221 E. Main Street Round Rock. Texas 7$664 anr.;Joanne Land SI AT OF GENERAL AGGRECA', PRODUCTS-COMP/OP ACC. PERSONAL F. ADV. IN CRY EACH OCCURRENCE FIRE DAMAGE (Any or :11m) MEI). EXPENSE (Any 0 a pursun) Date. io--) COMBINED SINGLE LI IIT $ 1 , 000 BODILY INJURY (Par p n.on) 0 BODILY INJURY IAN- ni adcnu $ PROPERTY DAMAGE EACH OCCURRENCE $ AGCREGA7E $ EACH ACCIDENT $ 500 DISEASE - POLICY LIM r $ 500 DISEASE. EACH EMPU :YEE $ 500 U HORIZED R PRES A'ITATIVE TypcJ N.nne D. L. Groves Title; _Exes. /lr $ 2,000 5 2,000 01,000 51,000 s 100 $ 5 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 APPROVED BY CITY ORNEY 1 1 CITY OF ROUND ROCK PUBLIC WORKS DEPARTMENT Dell Way at Mays Street - Masonry Fence and Tree Well Construction June 2002 PLANS, SPECIFICATIONS AND CONTRACT DOCUMENTS R-002-0 7 025- 11-/FL/ TABLE OF CONTENTS Section Description Page 1.0 Notice to Bidders NB -1 2.0 Bid Documents BD -1 3.0 Post Bid Documents PBD -1 4.0 General Conditions GC -1 5.0 Special Conditions SC -1 6.0 Technical Specifications TS -1 7.0 Plans, Details and Notes PDN -1 table.mst/spec L: \WORK\Trans \43564\DATA \mwNTB. doc 1.0 NOTICE TO BIDDERS NOTICE TO BIDDERS Sealed bids addressed to the Purchasing Agent, City of Round Rock, 221 East Main Street, Round Rock, Texas 78664, for fumishing all labor, material and equipment and performing all work required for the project titled Dell Way at Gattis School Rd., Masonry Fence & Tree Well Construction(project includes construction of a Masonry Fence and Tree Wells) will be received until 2:00 P.M., Tuesday June 25, 2002 then publicly opened and read aloud at the City Hall Council Chambers at the same address. Bid envelopes should state date and time of bid and " Dell Way at Gattis School Rd., Masonry Fence & Tree Well Construction ". No bids may be withdrawn after the scheduled opening time. Any bids received after scheduled bid opening time will be returned unopened. Bids must be submitted on City of Round Rock bid forms and must be accompanied by an acceptable bid security as outlined in the Instructions to Bidders, payable to the City of Round Rock, Texas equal to five percent (5%) of the total bid amount. Plans, Bid Forms, Specifications, and Instructions to Bidders may be obtained from Earth Tech, 811 Barton Springs Road, Suite 400, in Austin, Texas (512 -474 -5500) beginning ,Tune 4 2002 for a non - refundable charge of $15_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: Round Rock Leader: June 3, 2002 June 6, 2002 L: \WORK\ Trans\ 43564\DATA\mwNTB.doc NB -1 Austin American Statesman: June 3, 2002 June 6, 2002 2.0 BID DOCUMENTS INSTRUCTIONS TO BIDDERS 1. Prior to submitting any proposal, bidders are required to read the plans, specifications, proposal, contract and bond forms carefully; to inform themselves by their independent research, test and investigation of the difficulties to be encountered and judge for themselves of the accessibility of the work and all attending circumstances affecting the cost of doing the work and the time required for its completion and obtain all information required to make an intelligent proposal. 2. Should the bidder find discrepancies in, or omissions from the plans, specifications, or other documents, or should he be in doubt as to their meaning, he should notify at once the Engineer and obtain clarification or addendum prior to submitting any bid. 3. It shall be the responsibility of the bidder to see that his bid is received at the place and time named in the Notice to Bidders. Bids received after closing time will be returned unopened. 4. Bids shall be submitted in sealed envelopes plainly marked "Sealed Bid" and showing the name of the project, the job number if applicable, and the opening date and time. 5. Bids shall be submitted on proposal forms furnished by the City of Round Rock. 6. All proposals shall be accompanied by a certified cashier's check upon a National or State bank in an amount not less than five percent (5 %) of the total maximum bid price, payable without recourse to the City of Round Rock, or a bid bond in the same amount from a reliable surety company, as a guarantee that the bidder will enter into a contract and execute performance and payment bonds, as stipulated by item 11 below, within ten (10) days after notice of award of contract to him. Proposal guarantees must be submitted in the same sealed envelope with the proposal. Proposals submitted without check or bid bonds will not be considered. 7. All bid securities will be returned to the respective bidders within twenty -five (25) days after bids are opened, except those which the owner elects to hold until the successful bidder has executed the contract. Thereafter, all remaining securities, including security of the successful bidder, will be returned within sixty (60) days. L: \WORK\ Trans\43564\DATA\mwBD. doc BD -1 L: \W ORK\Trans \435641DATA \mwBD.doc 2 8. Until the award of the contract, the City of Round Rock reserves the right to reject any and all proposals and to waive technicalities; to advertise for new proposals; or to do the work otherwise when the best interest of the City of Round Rock will be thereby promoted. 9. In case of ambiguity or lack of clarity in the statement of prices in the bids, the City of Round Rock reserves the right to consider the most favorable analysis thereof, or to reject the bid. Unreasonable (or unbalanced) prices submitted in a bid may result in rejection of such bid or other bids. 10. Award of the contract, if awarded, will be made within sixty (60) days after opening of the proposals, and no bidder may withdraw his proposal within said sixty (60) day period of time unless a prior award is made. 11. Within ten (10) days after written notification of award of the contract, the successful bidder must furnish a performance bond and a payment bond in the amount of one - hundred percent (100%) of the total contract price. If the total contract price is $25,000.00 or less, the performance and payment bonds will not be required. Said performance bond and payment bond shall be from an approved surety company holding a permit from the State of Texas, with approval prior to bid opening, indicating it is authorized and admitted to write surety bonds in this state. In the event the bond exceeds $100,000.00, the surety must also (1) hold a certificate of authority from the United States secretary of the treasury to qualify as a surety on obligations permitted or required under federal law; or (2) have obtained reinsurance for any liability in excess of $100,000.00 from a reinsurer that is authorized and admitted as a reinsurer in this state and is the holder of a certificate of authority from the United States secretary of the treasury to qualify as a surety or reinsurer on obligations permitted or required under federal law. In determining whether the surety or reinsurer holds a valid certificate of authority, the City may rely on the list of companies holding certificates of authority as published in the Federal Register covering the date on which the bond is to be executed. 12. If the total contract price is less than $25,000.00 the performance and payment bond requirement will be waived by the City of Round Rock. Payment will be made following completion of the work. 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 BD -2 L: \WORK \Trans143564\DATA \mwBD. doc BD -3 3 award. In case of the annulment of the award, the proposal guarantee shall become the property of the City of Round Rock, not as a penalty, but as a liquidated damage. 14. No contract shall be binding upon the City of Round Rock until it has been signed by its Mayor after having been duly authorized to do so by the City Council. 15. The Contractor shall not commence work under this contract until he has furnished certification of all insurance required and such has been approved by the City of Round Rock, nor shall the contractor allow any subcontractor to commence work on his subcontract until proof of all similar insurance that is required of the subcontractor has been furnished and approved. The certificate of insurance form included in the contract documents must be used by the Contractor's insurer to furnish proof of insurance. 16. Any quantities given in any portion of the contract documents, including the plans, are estimates only, and the actual amount of work required may differ somewhat from the estimates. The basis for the payment shall be the actual amount of work done and/or material furnished. 17. Bids shall be submitted on a separated contract basis. No Texas sales tax shall be included in the prices bid for materials consumed or incorporated into the finished product under this contract. This contract is issued by an organization which is qualified for exemption pursuant to the provisions of Section 151.309(5) of the Texas Tax Code. The City of Round Rock will issue an exemption certificate to the Contractor. The Contractor must then issue a resale certificate to the material supplier for materials purchased. The Contractor must have a valid sales tax permit in order to issue a resale certificate. In obtaining consumable materials, the Contractor will issue a resale certificate in lieu of payment of sales tax, and the following conditions shall be observed; 1) The contract will transfer title of consumable, but not incorporate, materials to the City of Round Rock at the time and point of receipt by the Contractor; 2) The Contractor will be paid for these consumable materials by the City of Round Rock as soon as practicable. Payment will not be made directly but considered subsidiary to the pertinent bid item. The Contractor's monthly 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). L: \WORK \Trans\43564\DATA \mwB D.doc BD -4 4 KNOW ALL MEN BY THESE PRESENTS THAT WE, as PRINCIPAL and as SURETY, are held and firmly bound unto the hereinafter referred to as the "OWNER ", in the penal sum of five percent (5 %) of the total amount of the bid of the PRINCIPAL submitted to the OWNER, for the work described below; for the payment of which sum in lawful money of the United States of America, well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. In no case shall the liability of the SURETY hereunder exceed the sum of $ The CONDITIONS OF THIS OBLIGATION ARE SUCH, THAT whereas, said PRINCIPAL has submitted the above mentioned bid to the OWNER, for construction for the work under the "SPECIFICATIONS FOR CONSTRUCTION OF at the office of the OWNER on NOW THEREFORE, if the PRINCIPAL is awarded the contract, and within the time and manner required under the heading "Instructions to Bidders ", after the prescribed forms are presented to him for signature, enters into a written agreement, substantially in the form contained in the Specifications, in accordance with the bid and files the two (2) bonds with the OWNER, one to guarantee faithful performance and the other to guarantee payment for labor and materials, then this obligation shall be null and void, otherwise, it shall be and remain in full force and effect. In the event suit is brought upon this bond by the OWNER and judgement is recovered, said SURETY shall pay all costs incurred by the OWNER in such suit, including a reasonable attorney's fee to be fixed by the Court. In WITNESS WHEREOF, we have hereunto set our hands and seals this day of Principal: Surety: By: By: (Seal) (Seal) L: \WORK\ Trans\43564\DATA \mwBD.doc BID BOND BD -5 5 for which bids are to be opened PROPOSAL BIDDING SHEET JOB NAME: Dell Way at Mays Street: Masonry Fence and Tree Well Construction JOB LOCATION: Round Rock, Williamson County, Texas OWNER: City of Round Rock, Texas DATE: June 25, 2002 Gentlemen: Pursuant to the foregoing Notice to Bidders and Instructions to Bidders, the undersigned bidder hereby proposes to do all the work, to furnish all necessary superintendence, labor, machinery, equipment, tools, materials, insurance and miscellaneous items, to complete all the work on which he bids as provided by the attached supplemental specifications, and as shown on the plans for the construction of Dell Way at Mays Street: Masonry Fence and Tree Wells and hinds 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: 1. 4 2, 4 L:A WORK \Trans \ \mwfD.doc BASE BID Bid Item Description Unit Item Quantity Unit and Written Unit Price Price Amount HR BT,ADING complete in place per, forOne Hundred SEiranty and Z aro cents. $170.00 $680.00 HR BLDZR WORK complete in place per, forOne Hundred W` l ,t y and Zero __,cents. $ 1_7 0 . 00 BD-6 $ 680.00 6 Bid Item Description Unit Item Quantity Unit and Written Unit Price Price 3. 22 ('Y CONC GRADE BEAM 4. 768 5. 3564.5 6. 180 L: \WORK \Traps14 3564 \DATA \mwB1).cloc complete in place per, for One Hundred HundredAbiiiiMy andEighty Do11a $1$0.00 Zero Cents. LF DRILL SHAFT 12" DIA complete in place per, for dollars and Ei ght cents. $10.08 SF 6' CMU FENCE SF DRY STACK ROCK WALL complete in place per, for Twenty dollars and Forty cents. $20.40 BD -7 $ 3960 00 $ 7741.44 complete in place per, for dollars and Ninety Five cents. $14.95 $53289.28 $3672.00 Amount 7 7. 618 LF SILT FENCE TOTAL BASE BID (Items 1 thru 7): STATEMENT OF SEPARATE CHARGES: * Note: This total roust be the same amount as shown above for " Total Base Bid " L.\W OP.K \435641DATA \mwE D.doc Materials: All Other Charges: *Total: complete in place per, for dollars and g_h-tg Four Cents. $_ 84 BD -8 $519 17 $70,541 84 $31,228.80 $37,313.84 $70,541 84 8 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 forty -two (42) calendar days after the date of the written Notice -to- Proceed. The undersigned certifies that the hid 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. Respectfully Submitted, Signature 1400 CHI HO M TRAIL. SUITE E. G. STEVEN SMITH ROUND ROCK TX 78681 Print Nall ie PRESTOPNT Title for JUNE 25_,_2002 Date L.:A WORK \T :1,143564 \DATA \mmRU_doc 13D -9 Address (512) 255 - 0018 Telephone G STEVEN RNTTH OFNERAL CONTRACTOR, INC. Name of Firm Secretary, if one actor is a Corporation 9 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 3.0 POST BID DOCUMENTS THE STATE OF TEXAS § COUNTY OF WILLIAMSON § THIS AGREEMENT, made and entered into this 25th day of JULY , 2002, by and between (Owner) City of Round Rock, Texas of the State of Texas, acting through Nyle Maxwell, Mayor, thereunto duly authorized so to do, hereinafter termed OWNER, and (Contractor) G. STEVEN SMITH G.C., INC. of ROUND ROCK , Texas, County of WILLIAMSON , and State of Texas, hereinafter termed CONTRACTOR. WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by OWNER, and under the conditions expressed in the bond bearing even date herewith, CONTRACTOR hereby agrees with the said OWNER to commence and complete the construction of certain improvements described as follows: postbid.mstisper master AGREEMENT Dell Way at Mays Street Masonry Fence and Tree Well Construction Further described as the work covered by this specification consists of furnishing all the materials, supplies, machinery, equipment, tools, supervision, labor, insurance, and other accessories and services necessary to complete the said construction, in accordance with the conditions and prices stated in the Proposal attached hereof, and in accordance with the Notice to Contractors, Instructions to Bidders, General Conditions of Agreement, Special Conditions, Technical Specifications, Plans, and other drawings and printed or written explanatory material thereof, and the Specifications and Addenda therefor, as prepared by Eart Tech, 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 42 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. PBD -1 The OWNER agrees to pay the CONTRACTOR in current funds the price or prices shown in the Proposal, which forms a part of this Contract, such payments to be subject to the General and Special Conditions of the Contract. IN WITNESS WHEREOF, the parties to these presents have executed this Agreement in the year and day first above written. CITY OF ROUND ROCK (OWNER) BY: ATTEST: Maxwell ayor G. STEVEN SMITH GENERAL CONTRACTOR, INC. (CONTRACTOR) BY : G. STEVEN SMITH its PRESIDENT (Typed name) (Title) (The following to be executed if the Contractor is a Corporation.) I, TARA L. SMITH , certify that I am the Secretary of the Corporation named as Contractor herein; that G. STEVEN SMITH , who signed this Contract on behalf of the Contractor was then PRESIDENT (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 +f its corporate powers. o+ Signed: PBD -2 ATTEST: ttJ �L Secretary, if C. actor is a Corporation or • , erwise registered with the Secretary of State THE STATE OF TEXAS COUNTY OF WILLIAMSON ppflptdn lsp,C =gar PERFORMANCE BOND PBD•3 Bond #22495891 G. Steven Smith General Contractor e , Inc, KNOW ALL MEN BY THESE PRESENTS: That th City of Bound Rock Count of w�� 1'aipsnn , and State of Texas as Principal, and t e rny'L'e'y authorized under the la v of the State of Texas to act as surety on bonds for principals. are held and firmly bound into THE CITY OF ROUND ROCK, TEXAS, (Owner), in the penal sum of Seventy thousand five hundred forty one and 84 /100 dollars: ($ 70,541.84 ) for the pays lent whereof, well and truly to be made the said Principal and Surety bind themselves, and heir heirs, administrators, executors, successors and assigns, jointly and severally, by t tese presents: WHEREAS, the Principal has entered into a certain written contract with the Owner c a.ted the 25th day of July , 20 02 to whirl 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: Dell Way at Mays Street: Masonry Fence and Tree Well Construction NOW, THEREFORE. THE CONDITIONS OF THIS OBLIGATION IS SUCH, that f the said Principal shall faithfully perform said Contract and shall, in all respects, dui) and faithfully observe and perform all and singular the covenants, conditions and agreertte: Lis in and by said Contract, agreed and covenanted by the Principal to be observed and perfor Tied, including but not limited to, the repair of any and all defects in said work occasioned b' and resulting from defects in materials furnished by or workmanship of the Princin a1 in performing the work covered by said Contract and occurring within a period of twelve (12) months from the date of thc contract Completion Certificate and all other covenant and conditions, according to thc true intent and meaning of said Contract and the Plan and Specifications hereto annexed, then this obligation shall be void; otherwise to remain it full force and effect; PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Ct a pter 2253, Texas Government code, as amended, and alt liabilities on this bond sh.11 be determined in accordance with the provisions of said Chapter 2253 to the same extent : s if it were copied at length herein. PERFORMANCE BOND (continued) Surety, for value received, stipulates and agrees that no change, extension of time, alte 'anon or addition to the term of the contract, or to the work performed thereunder, or the Mans, specifications, or drawings accompanying the same, shall in anywise affect its obligati in on this bond, and it does hereby waive notice of any such change, extension of time, alte ation or addition to the terms of the contract, or co the work to be performed thereunder. IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this 30th day of July 20 02 • G. Steven Smith General Contractor, Inc. Western Surety Company Principal Surety l p[ B � � Stephen R. Smith President Attorney -in -Fact Title Title 1400 Chisholm Trail, Suite E P. 0. Box 2291 Address Address Round lock, TX 78681 Austin, TX 78768 Resident Agent of Surety: William H. Pitts. Jr. Printed Name P. 0. Box 2291 Address Austin, TX 78768 City. State & Zip Code 1o/ bT ,fit Signature post4idatythpec eoaekr PBD-4 I t II 11 11 1 1I 1 1 I 1 , 1 1 1 1 1 1 1 1 lr 1 1 1 1 THE STATE OF TEXAS COUNTY OF WILLIAMSON PAYMENT BOND Bond #22495891 G. Steven Smith General Contr KNOW ALL MEN BY THESE PRESENTS: That williamso and State of of Round Rock County of Texas as Principal, and authorized undo th laws of the W stern e y �an� -- State of Texas to act as Surety on Bonds for Principals, are held and firmly bout .d unto THE CITY OF ROUND ROCK, (OWNER), and all subcontractors. works N, laborers, mechanics and suppliers as their interest may appear, all of whom shall have tt right to rue upon this bond, In the penal sum of Seve t housand five oxy' and 84/100 Dollars (5 7 0, 541.84 ) for t t.; payment whereof, well and truly be made the said Principal and Surety bind themsel res and their heirs, administrators, executors, successors, and assigns. jointly and seven Ily, by these presents: WHEREAS. the Principal has entered into a certain written contract wit the C on Contract dated is the_fith day of Ju1y • hereby referred to and made a part hereof as fully and to the same extent Is if copied at length herein consisting of: Dell Way at Mays Street: Masonry Fence and Tree Well Constr tenon NOW, THEREFORE THE CONDITION OF THIS OBLIGATION IS SU . L that if the said Principal shall well and truly pay all subcontractors, workers, laborers, r rechanics, and suppliers, all monies to them owing by said Principals for subcontracts work, labor. equipment, supplies and materials done and furnished for the consn action of the improvements of said Contract, then this obligation shall be and become gull and void; otherwise to remain in full force and effect. PROVIDED, HOWEVER, that this bond is executed pursuant to the provis ins 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 sat to extent as if it were copied at length herein. p,o:,Lu,,.NOaa Mauer PBD -5 PAYMENT BOND (continued) Surety, for value received, stipulates and agrees than no change, extension of time, alto 'ation or addition to the terms of the contract, or to the work performed thereunder, or the clans, specifications or drawings accompanying the same shall in anywise affect it's obligat on on this bond. and it does hereby waive notice of any such change, extension of time. alto .stion 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 scale i this Instrument this 30th day of July G. Steven Smith General Contractor, Inc. Western Surety Comp ny Principal Surety By: By_ - Stephen R. Smith President Attorney -in -Fact Title Title 1400 Chisholm Trail, Suite E Address Round Rack, TX 78681 Resident Agent of Surety: William H. Pitts, Jr. Printed Name P. 0. Box 2291 Address Austin, TX 78768 City, state & Zip Code Signature p. bidA tsaMpee m ' PBD -6 Address P.O. Box 2291 Austin,TX 78768 • 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 Know All Men by These Presents: (Irrevocable) BOND No. SP- 22495891 • That this Power of Attorney is not valid or in effect unless attached to the bond which it authorizes executed, but may be detached by the approving officer if desired. That Western Surety Company, a corporation, does hereby make, constitute and appoint the following SIX I 6 , J authorized individuals: POWER OF ATTORNEY AUTHORIZED INDIVIDUALS AUTHORIZED INDIVIDUALS in the City of TFMPI F State of TFXAS with limited authority, its tme and awful Attorney(s) in fact with full power and authority hereby conferred, to sign, execute, acknowledge and deliver for and on its behalf as Surety, the following described bond: ONE BID PERFORMANCE, AND /OR PAYMENT BOND PROVIDING THE BOND PENALTY DOES NOT EXCEED FIVE MILLION AND N0 /100 DOLLARS 0 *************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** *************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** *************************************** * * * * * * * * * * * * * * * * * * * * * * * * *** * * ** The acknowledgment and execution of such bond by the said Attorney in Fact shall be as binding upon this Company as if such bond had been executed and acknowledged by the regularly elected officers of this Company. All authority hereby conferred shall expire and terminate, without notice, unless used before midnight of JULY 31 2006 , but until such time shall be irrevocable and in full force and effect. MPANY further certifies that the following R a true and exact copy of Section 7 of the By -Laws of Western Surety Company, duly adopted and now /11 bonds, policies, undertakings, Powers of Attorney, or other obligations of the corporation shall be executed in the corporate name of the Company by idonts•eerelarj; A,Assiatant Secretary, Treasurer, or any Vice President, or by such other officers as the Board of Directors may authorize. The President, any Vice $crla( „�py''e) Secretary, or the Treasurer may appoint Attorneys in Fact or Agenu who shall have authority to issue bonds, policies, or undertakings in the seal R not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation. The ter' r any such o iceA e corporate seal may bo printed by facsimile.” penal amount of the bon rein described may be imreased if there attached to this Power, written authority o authorizing in the form of an a dorsement, letter or igned by d S of Lindeiwritin0 Officer Underwriting Officer, President, Vice President, Assistant Vice President, Treasurer, Secretary or Assistant Secretary of Western s p:my pecf ally,'a •.ing stud Increase. 2nd 2017.1E'S'WI4ERE P,illfe*m Surety Company has caused these presents to be executed by its Executive Vice President with its corporate seal afB ed th's 2001 WESTERN SURETY COMPANY STATE OFSOUTH DAKOTA, By Executive Vice President SS. COUNTY OF MINNEHAHA On this 2nd day of April in the year 2001 before me, a Notary Public, personally appeared Stephen T. Pate, who being by me duly swom, acknowledged that he signed the above Power of Attorney as the aforesaid offs. - r of WESTERN SURETY COMPANY and acknowledged said instrument to be the voluntary act and deed of said corporation. *IMPORTANT: This date must be filled in before it is attached to the bond and it must be the same date as the bond. Form 74942001 By Notary Public, South Dakota force and et£ecrt and d furthrnn that Soono o n 7rof the y p B -Laws of the nom as y as D Sou i n d t he P v b / y e * cer tiA lo a[ y, i the s notta a w io force. ched Power of Atmmey is in full ec orlb th o e In testimony whereof, I have hereunto set my hand and the seal of Western Surety Company this * 3O h day of -3-'"--L-1( 200 WESTERN SURET ,COMPANY - -' ��Executive Vice President Y NOTICE: This border must be BLUE. If it is not BLUE. this is not a certified copy. State of Texas Claim Notice Endorsement To be attached to and form a part of Sand No. aa - 09( In accordance with Section 2253.021(f) of the Texas Govemment Code and Section 53.202(6) of the Texas Property Code any notice of claim to the named surety under this bond(s) should be sent to: Farm F6944 CNA Surety 333 South Wabash Chicago, IL 60604 Telephone: (312) 822 -5000 1 1 1 1 1 1 1 1 CERTIFICATE OF LIABILITY INSURANCE 1 PRODUCER The Capitol City Insurance Agency, Inc I 8030 No. Mopac Austin;-Tx 78759 512- 343 -0280 Fax #512- 343 -0352 INSURED G. Steven Smith I General Contractor, Inc. Tu 9 4t, g g�1 Round Rock, Tx 78681 D ll% T � C ERF1 ' ' the Insured named above is insured by the Compeaies Band above Aid: vesper! to the basin I operations hereinafter described. for the typos of insurance and in accordance with the provisions oflt astandard policies used the companies, and Anther Thereinafter described. Exceptions to the policies are noted below. 1 CO TYPE OF INSURANCE POLICY EFFECTIVE EXPIRATION LTR NUMBER DATE DATE 1 0ENERALUAauur1° A 04G1.69207 1 AVTOMOHOE u4BS. y Et= LIA1311.417 WORKERS' CtM;PENsA11oN ANQ Es1PL01E333' L.MASILITY ; BTATUTQR3 LIMITS 46WECGC2068 09/09/01 09/09/02 5 504,000 DISEASE- POUCrL,M r $500,000 DISEASE • GACli FMK; WEE s 500 , 000 OTHER 1 0 E5CA/ prior6FGPERATK ?NSWCArIONSNEMICtES/SPECtAL rrEms hrirrioNS 1 7ho Ct yo(Rnrad Rock is awned as additional insured whit respect to a 1 policies except Works Compensation sin! Empty , era Liability. Should any the above described pofeics be coi e1led or changed before the expiratipa daze thereof. the issuing company wilt molt telny 30) days wrison notice to certificate holder named below: tRTIFICATE HOLDER: City of Round Rock ... . 221E. Main Street Round Rock. ?exits 7866; ato: Joanne Land 09/11/01 09/11/02 Dale; /o • COMPANIES AFFORD/NO COV BRACE A - Mid Contii}eetInsurance.Group B . The Hartford C5t!$RAI- AGQRSCA S 09/11/01 09/11/92 wltcwuC t r<sc S2,OOO,OOQ 2 ,000,OOQ PaKaoNALdaAOY.tNURY ,s1,000',000 Pags+NeuR • .51,000,000 1 nAMA0EtAsy ce.; tic'! S 100,000 • MEti. E)IPEtt+SE (My O a a w) s 5, 000 cO.HStNE0 SINGLE td err - s1,OD0, BorM4Y INJURY tPa am) . 5 BOf)7LY WEURY ;Pare sOoto $ 5 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 WARRANTY BOND BOND NUMBER AMOUNT KNOW ALL MEN BY THESE PRESENTS, That we, (hereinafter called the "Principal ") as Principal, and the a Corporation duly organized under the laws of the State of and duly licensed to transact business in the State of (hereinafter called the "Surety"), as Surety, are held and firmly bound unto THE CITY OF ROUND ROCK, TEXAS (hereinafter called the "Obligee "), in the sum of dollars ($ ) for the payment of which sum well and truly to be made, we, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly, by these presents. Sealed with our seals and dated this and day of , A.D. nineteen hundred WHEREAS, the said Principal has heretofore entered into a contract with Dated , 20 , for construction of: WHEREAS, the said Principal is required to guarantee the construction of all improvements installed under said contract, against defects in materials or workmanship, which may develop during the period of year(s) from the date of acceptance of the project above described, by Owner: The City of Round Rock, Texas NOW, THEREFORE, THE CONDITIONS OF THE OBLIGATIONS IS SUCH, that if said Principal shall faithfully carry out and perform the said guarantee, and shall, on due notice, repair and make good at its own expense any and all defects in materials or workmanship in the said work which may develop during the period of year(s) from the date of acceptance of the project above described, by Owner: The City of Round Rock, Texas postbid.mst/spec master Dell Way at Mays Street: Masonry Fence and Tree Well Construction PBD -8 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 WARRANTY BOND (continued) OR shall pay over, make good and reimburse to the said Obligee all loss and damage which said Obligee may sustain by reason of failure or default of said Principal so to do, then this obligation shall be null and void; otherwise shall remain in full force and effect. Principal Surety By: By: Title Title Address Address Resident Agent of Surety: Printed Name Address City, State & Zip Code Signature postbidmst/spec master PBD -9 Date: June 10, 2002 811 Barron Springs Road, Suite quo, Austin, Texas 787o4 -11641 Project: Dell Way @ Mays Street : Masonry Fence and Tree Well Construction County: Williamson City: Round Rock, Texas To: All Prospective Bidders Addendum #1 The following changes, additions, modifications and revisions are to be included in the bid documents for the above project: 1. Notice to Contractors'. The following two items, "Blading" and "Bldzr Work ", shall conform to TxDOT standard specifications, Item 150 — "Blading" and Item 156 — "Bulldozer Work ", respectively. 2. Notice to Contractors'. The following item, "6' CMU Fence" shall conform to the included specs, "Concrete Unit Masonry ". 3. Included are the revised bid package page BD -9. The following line, "The undersigned further agrees to complete the work in full within (90) calendar days after the date of the written Notice -to- Proceed. ", shall be replaced with "The undersigned further agrees to complete the work in full within (42) calendar days after the date of the written Notice - to- Proceed." E A R T H T E C H A two INTERNATIONAL LTD. COMPANY Telephone' 5T 474.55 Facsimile. 5 r 2 .474• 6 5', CONCRETE UNIT MASONRY PART 1- GENERAL 1.01 GENERAL A. Division 1 requirements, Drawings, General Conditions, Supplementary General Conditions, and Special Conditions apply to this section. B. Deviations from the plans and specifications shall not be made without the written approval of the architect and/or engineer. 1.02 SCOPE OF WORK A. Furnish and install concrete masonry units, mortar, grout, and masonry reinforcing steel. Provide equipment necessary for their installation. B. Install items furnished by others: bolts, anchor bolts, shelf angles, and built -ins. C. Arrange for adequate bracing, forming, and shoring required in conjunction with and in the course of constructing the concrete masonry. D. Advise the general contractor as to the position of all dowels for the masonry. The general contractor shall be responsible for the placement of all dowels in any adjoining construction. E. Arrange for inspections 24 hours in advance. 1.03 RELATED WORK SPECIFIED ELSEWHERE A. Related sections: 1. Site Utilities 2. Concrete 3. Masonry Accessories 4. Structural Steel 5. Rough Carpentry 6. Clear Water Repellents 7. Caulking Sealants 8. Flashing and Sheet Metal Work 9. Insulation 1.04 QUALITY ASSURANCE A. Submittals 1. Certificates of compliance with all applicable ASTM and UBC standards shall be submitted on all products specified herein. 2. Sample Specimens: CMU Block, Grout Color B. Sample Panel 1. Sample Panel will not be required 1 of 6 C. Inspections: Will be continuous but the Inspector should be notified before any new phase of construction has begun. 1.05 PRODUCT HANDLING AND STORAGE A. Materials of this section shall be protected to maintain quality and physical requirements. B. All masonry units shall be stored on the jobsite so that they are protected from rain, stored off the ground and kept clean from contamination. C. Handle units carefully to avoid breakage and damage to finished faces. D. Glazed and ground faced masonry units shall be stored on pallets on level ground, single stacked only, and covered to protect against inclement weather. Keep protective block face covers on glazed units until installation. 1.06 EXTREME WEATHER CONDITIONS A. Cold Weather Conditions (40°F or below): 1. Wet or frozen units shall not be laid. Temperature of units when laid shall not be less than 20°F. 2. Aggregates and mixing water shall be heated to produce mortar and grout temperatures between 40°F and 120 °F. 3. Maintain mortar temperature on boards above 32 °F. PART 2 - MATERIALS 2.01 CONCRETE MASONRY UNITS A. Spit Face (SF) units Description Color 1. 8x8x16 SF both sides White Limestone 2. 6x8x16 SF both sides White Limestone 3. 8x8x16 SF Corner Block White Limestone B. Specialty masonry units shall be as follows, 1. 26 "x26" Decorative Column Cap a. Color shall be: White Limestone 2 of 6 2.02 MORTAR A. Mortar shall be Masonry Mortar, Type S, conforming to the proportion and property specifications of ASTM C 270. Color: Use with CMU Color: -or- See Elev.: 1. White White Limestone B. Mortar Materials: 1. Admixtures: Use no admixtures, air- entraining agents, plasticizers, salts, or antifreeze compounds unless specified and approved in advance by the Inspector. 2. Water: Use clean, potable and free of deleterious amounts of acids, alkalies or organic materials. 2.03 GROUT A. Spec Concrete 30/70, 2000 psi. B. Grout shall conform to UBC Standard 21 -19 or ASTM C 476, proportions per UBC Table 21 - B. C. Use of fine or course grout shall be per UBC Table 21 -C. D. Minimum compressive strength shall be 2000 psi. E. Grout shall be of fluid consistency with an 8 inch to 10 inch slump. F. Admixtures: To be approved by Inspector. 2.04 REINFORCING STEEL A. Reinforcing bars shall conform to ASTM A 615, Grade 60. B. Joint Reinforcement shall conform to UBC Standard 21 -10. C. Metal Ties and Anchors shall meet the requirements of UBC Section 2102.2.7. D. All metal reinforcement shall be free from loose rust and other matter or coatings detrimental to bond. PART 3 - EXECUTION 3.01 PREPARATION A. Materials 1. Masonry units shall be sound, dry, and clean from all foreign matter when placed in the wall. 2. Reinforcement bars shall be free of kinks or bends, except for bends detailed in the drawings. 3 of 6 B. Layout and Foundation 1. If site conditions or layout is in any way improper, masonry work shall not begin until cleared by the governing authority. 2. Foundation shall be level and at correct grade so that the initial bed joint shall not be less than 1/4 inch nor more than 1 inch. 3. Surface of foundation shall be clean and free of deleterious materials. Surface shall be roughened to a full amplitude of 1/16 inch. 4. If a foundation dowel must be bent to align with a vertical cell, it shall not slope more than 1 inch horizontally to 6 inches vertically. 3.02 MIXING OF MORTAR A. 1. Mix in a mechanical batch mixer with the minimum amount of water to produce a workable consistency. 2. Mortar may be retempered once to maintain plasticity and workability. Retempering on mortar boards shall be done by adding water within a basin formed within the mortar. Rework the mortar into the water. No mortar shall be used beyond 2 1/2 hours from the time it was originally mixed. 3.03 MIXING OF GROUT A. Water content of the grout shall be adjusted to provide proper fluid consistency to enable placement under existing field conditions without segregation of the constituents. B. Do not use grout more than 1 1/2 hours after initial mixing. C. Preblended Grout 1. Mix in mechanical mixer until workable, but not to exceed 10 minutes. 3.04 INSTALLATION OF MASONRY UNITS A. General 1. All masonry shall be laid true, level, plumb, and in accordance with the plans. 2. Units shall be laid in running bond unless otherwise shown on the drawings. 3. Cutting of units shall be neat, true, and made by masonry saw. 4. Concrete masonry units shall not be wetted unless otherwise approved. 5. Construction supports shall not be attached to the wall except where specifically permitted by the architect or engineer. B. Protection 1. Extreme care shall be taken to prevent grout or mortar stains on exposed surfaces. Any mortar or grout contact shall be cleaned immediately. 2. Tops of all unsheltered walls and partially completed walls shall be covered when work is not in progress. 4 of 6 3.05 JOINTS A. Mortar Joints 1. Initial bed joint shall not be less than 1/4 inch nor more than 1 inch in thickness. All cells to be filled with grout shall be kept free from mortar droppings so the grout will make full contact with the foundation. 2. Thickness of joints shall be 3/8 ± 1/8 inch for precision or split units, and 1/2 ± 1/8 inch for slumped units. 3. Head and bed joints of hollow units shall be filled with mortar for the thickness of the face shell. Solid units shall have full head and bed joints. 4. Horizontal joint reinforcement shall be fully embedded in mortar with a minimum 5/8 inch cover between joint reinforcement and exposed face. Mortar joints with wire reinforcement shall be at least twice the thickness of the wire diameter. 5. All mortar joints on exposed walls, unless otherwise specified, shall be concave and double struck to produce a dense, slightly concave surface well bonded to the surface of the masonry unit. 6. Flush cut or sacked joints shall be used where surface is to be plastered. 7. If an installed unit is moved, it shall be removed from the wall, cleaned, and set in fresh mortar. B. Control Joints 1. Control joints shall be constructed as detailed in the drawings. 3.06 INSTALLATION OF REINFORCING STEEL A. Reinforcement shall be placed as detailed on the drawings and secured against displacement at intervals not to exceed 200 bar diameters. B. Tolerance for placement: 1. In flexural elements shall be ± 1/2 inch for d equal to 8 inches or less, ± 1 inch for d equal to 24 inches or less but more than 8 inches, ± 1 1/4 inches for d greater than 24 inches. (d is the distance from compression face of flexural member to the centroid of tensile reinforcement.) 2. Longitudinal location shall be ± 2 inches. C. Reinforcing bars, except joint reinforcement, shall be completely embedded in mortar or grout and have a minimum cover, including the masonry unit, of at least 3/4 inch, 1 1/2 inches when exposed to weather, and 2 inches when exposed to soil. D. Clear distance between surface of reinforcing bar and any surface of a masonry unit shall not be less than 1/4 inch for fine grout and 1/2 inch for course grout. 1. Horizontal reinforcement bars may rest on the cross webs of hollow masonry units. E. Reinforcing bars and wire joint reinforcement shall be lapped as indicated on the drawings. 3.07 GROUTING A. General 1. Reinforcement bars shall be in place and secured prior to grouting. 2. All spaces with reinforcement bars shall be grouted. 3. All cells and areas where grout is to be placed shall be free from mortar fins greater than 1/2 inch, droppings, and foreign materials that would prevent the wall from being properly grouted. 5 of 6 4. Grout shall completely fill all designated spaces, and shall be confined to those spaces. 5. Segregation of grout materials and damage to the masonry shall be avoided during the grouting process. 6. Grout shall be consolidated before loss of plasticity. a. Grout pours 12 inches or less may be puddled. b. Grout pours greater than 12 inches shall be consolidated and reconsolidated by mechanical vibration using a low velocity vibrator with a maximum head diameter of 3/4 inch. 7. If top row is exposed to weather it shall be grouted closed. 8. Stop grout pours 1 1/2 inches below top of wall. Where bond beams occur, stop grout a minimum of 1/2 inch below. 9. Structural masonry walls shall be solid grouted unless otherwise specified. 10. Anchor bolts shall be solidly grouted in place with 1 inch minimum of grout between the bolt and the masonry. B. Low Lift Grouting 1. Grout pours shall not exceed 5 feet. Cleanouts are not required. C. High -Lift Grouting: 1. Cleanout holes shall be provided at the bottom of all cells containing vertical reinforcement in hollow unit masonry, but spaced not more than 32 inches on center. 2. Grout shall be placed in lifts not to exceed 6 feet. The full height in each wall section shall be poured in 1 day with no interruption greater than 1 hour. 3.08 WALL CLEANING AND PROTECTION A. Minimize any mortar or grout stains on the wall during construction. Any stains that occur shall be removed immediately. 1. For burnished concrete masonry units, immediately remove any green mortar smears or soiling with a damp sponge. 2. For glazed masonry units and ground face units with heat- treated acrylic finish, remove green mortar smears with a dry cloth. Do not allow mortar lumps or smears to harden on the finished surfaces. B. The tops of all unsheltered walls and partially completed walls shall be covered when work is not in progress. C. Where atmosphere is dry, a light fog spray may be applied to masonry surfaces for three days after construction. D. At the conclusion of the masonry work, remove all scaffolding and equipment used during construction, and remove all debris, refuse, and surplus masonry material from the site. E. Clean exposed CMU walls with a light sandblast. All openings, doors, window frames, etc. near the area to be sandblasted shall be covered or protected before the sandblasting starts. Care shall be taken to avoid contamination to areas that are not to be sandblasted. 1. Glazed, bumished, or pre - finished masonry units shall be protected from sandblast operations. END OF SECTION 6 of 6 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 forty -two (42) calendar days after the date of the written Notice -to- Proceed. The undersigned certifies that the bid prices contained in the proposal have been carefully checked and are submitted as correct and final. The Owner reserves the right to reject any or all bids and may waive any informalities. Respectfully Submitted, Signature Print Name Address Title for Telephone Name of Firm Date Secretary, if Contractor is a Corporation O:\ WORK \Trans 43564\DATA\M W \mwBD.doc BD -9 9 Date: June 19, 2002 To: All Prospective Bidders Addendum #2 811 t3arton Springs Road, Suite 400, Austin, Texas 78704-“64' Project: Dell Way @ Mays Street : Masonry Fence and Tree Well Construction County: Williamson City: Round Rock, Texas The following changes, additions, modifications and revisions are to be included in the bid documents for the above project: 1. Notice to Contractors'. Due to availability of Split Face (both sides) Concrete Masonry Units to be used for Bid Item #5, "6' CMU FENCE ", the written Notice to Proceed will be given no earlier than 4 weeks after the project has been awarded. E A R T H) T E C H A two INTERNATIONAL LTD. COMPANY Telephone', 5 0 .474.55 00 _ Facsimile. • 50%.474.6305. 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 4.0 GENERAL CONDITIONS 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 Contents 1. Definition of Terms 1.01 - Owner, Contractor and Engineer 1.02 - Contract Documents 1.03 - Subcontractor 1.04 - Sub - Subcontractor 1.05 - Written Notice 1.06 - Work 1.07 - Extra Work 1.08 - Working Day 1.09 - Calendar Day 1.10 - Substantially Completed 2.01 - Owner - Engineer Relationship 2.02 - Professional Inspection by Engineer 2.03 - Payments for Work 2.04 - Initial Determinations 2.05 - Objections 2.06 - Lines and Grades 2.07 - Contractor's Duty and Superintendence 2.08 - Contractor's Understanding 2.09 - Character of Workers 2.10 - Contractor's Buildings 2.11 - Sanitation 2.12 - Shop Drawings 2.13 - Preliminary Approval 2.14 - Defects and Their Remedies 2.15 - Changes and Alterations 2.16 - Inspectors gencond.mst/spec master General Conditions of Agreement 2. Responsibilities of the Engineer and the Contractor 3. General Obligations and Responsibilities 3.01 - Keeping of Plans and Specifications Accessible 3.02 - Ownership of Drawings 3.03 - Adequacy of Design 3.04 - Right of Entry 1 1 1 1 1 1 1 1 1 1 1 5. Measurement and Payment 1 1 1 1 1 1 1 1 3. General Obligations and Responsibilities (cont'd) 3.05 - Collateral Contracts 3.06 - Discrepancies and Omissions 3.07 - Equipment, Materials and Construction Plant 3.08 - Damages 3.09 - Protection Against Accident to Employees and the Public 3.10 - Performance and Payment Bonds 3.11 - Losses from Natural Causes 3.12 - Protection of Adjoining Property 3.13 - Protection Against Claims of Subcontractors, etc. 3.14 - Protection Against Royalties or Patented Invention 3.15 - Laws and Ordinances 3.16 - Assignment and Subletting 3.17 - Indemnification 3.18 - Insurance 3.19 - Final Clean-Up 3.20 - Guarantee Against Defective Work 3.21 - Testing of Materials 3.22 - Wage Rates 4. Prosecution and Progress 4.01 - Time and Order of Completion 4.02 - Extension of Time 4.03 - Hindrances and Delays 5.01 - Quantities and Measurements 5.02 - Estimated Quantities 5.03 - Price of Work 5.04 - Partial Payments 5.05 - Use of Completed Portions 5.06 - Final Completion and Acceptance 5.07 - Final Payment 5.08 - Payments Withheld 5.09 - Delayed Payments gencond.mst/spec master 2 1 1 1 1 1 1 1 1 1 1 1 1 11.01 - Termination by Owner for Cause 1 1 1 1 1 1 6. Extra Work and Claims 6.01 - Change Orders 6.02 - Minor Changes 6.03 - Extra Work 6.04 - Time of Filing Claims 6.05 - Continuing Performance 7. Abandonment of Contract 7.01 - Abandonment by Contractor 7.02 - Abandonment by Owner 8. Subcontractors 8.01 - Award of Subcontracts for Portions of Work 8.02 - Subcontractual Relations 8.03 - Payments to Subcontractors 9. Separate Contracts 9.01 - Owner's Right to Award Separate Contracts 9.02 - Mutual Responsibility of Contractors 9.03 - Cutting and Patching Under Separate Contracts 10. Protection of Persons and Property 10.01 - Safety Precautions and Programs 10.02 - Safety of Persons and Property 10.03 - Location and Protection of Utilities 11. Termination 11.02 - Termination for Convenience gencond.mst/spec master 3 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1. Definition of Terms 1.01 Owner, Contractor and Engineer General Conditions of Agreement The Owner, the Contractor and the Engineer and those persons or organizations identified as such in the Agreement are referred to throughout the Contract Documents as if singular in number and masculine in gender. The term "Engineer" means the Engineer or his duly authorized representative. The Engineer shall be understood to be the Engineer of the Owner, and nothing contained in the Contract Documents shall create any contractual or agency relationship between the Engineer and the Contractor. 1.02 Contract Documents The Contract Documents shall consist of the Notice to Contractors, Instructions to Bidders, Proposal, Signed Agreement, Performance and Payment Bonds (when required), Special Bonds (when required), General Conditions of the Agreement, Construction Specifications, Plans and all modifications thereof incorporated in any such documents before the execution of the agreement. The Contract Documents are complementary, and what is called for by any one shall be as binding as if called for by all. In case of conflict between any of the Contract Documents, priority of interpretation shall be in the following order: Signed Agreement, Performance and Payment Bonds, Special Bonds (if any), Proposal, Special Conditions of Agreement, Notice to Contractors, Technical Specifications, Plans, and General Conditions of Agreement. 1.03 Subcontractor The term "Subcontractor," as employed herein, includes only those having a direct contract with the Contractor. It includes one who furnishes material worked to special design according to the plans or specifications of this work, but does not include one who merely furnishes material not so worked. 1.04 Sub - Subcontractor The term "Sub- Subcontractor" means one who has a direct or indirect contract with a Subcontractor to perform any of the work at the site. It includes one who furnishes material worked to a special design according to the plans or specifications of this work, but does not include one who merely furnishes material not so worked. gencond.mst/spec master 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1.05 Written Notice 1.06 Work Written notice shall be deemed to have been duly served if delivered in person to the individual or to an officer of the corporation for whom it is intended, or if delivered to or sent by registered mail to the last business address known to him who gives the notice. The Contractor shall provide and pay for all materials, machinery, equipment, tools, superintendence, labor, services, insurance, and all water, light, power, fuel, transportation and other facilities necessary for the execution and completion of the work covered by the Contract Documents. Unless otherwise specified, all materials shall be new and both workmanship and materials shall be of a good quality. The Contractor shall, if required, fumish satisfactory evidence as to the kind and quality of materials. Materials or work described in words which, when so applied, have a well -known technical or trade meaning shall be held to refer to such recognized standards. 1.07 Extra Work The term "Extra Work" shall be understood to mean and include all work that may be required by the Engineer or the Owner to be done by the Contractor to accomplish any change, alteration or addition to the work shown upon the plans, or reasonably implied by the specifications, and not covered by the Contractor's Proposal, except as provided under "Changes and Alterations" herein. 1.08 Working Day The term "Working Day" is defined as any day not including Saturdays, Sundays or any legal holidays, in which weather or other conditions, not under the control of the Contractor, will permit construction of the principal units of the work for a period of not less than seven (7) hours between 7:00 a.m. and 6:00 p.m. 1.09 Calendar Day The term "Calendar Day" is defined as any day of the week or month, no days being excepted. 1.10 Substantially Completed The term "Substantially Completed" shall be understood to mean that the structure has been made suitable for use or occupancy or that the facility is in condition to serve its intended purpose, but still may require minor miscellaneous work and adjustment. 2. Responsibilities of the Engineer and the Contractor gencond.mst/spec master 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 2.01 Owner - Engineer Relationship The Engineer will be the Owner's representative during construction. The duties, responsibilities and limitations of authority of the Engineer as the Owner's representative during construction are as set forth in the Contract Documents and shall not be extended or limited without written consent of the Owner and the Engineer. The Engineer will advise and consult with the Owner, and all of the Owner's instructions to the Contractor shall be issued through the Engineer. 2.02 Professional Inspection by Engineer The Engineer shall make periodic visits to the site to familiarize himself with the progress of the executed work and to determine if such work meets the essential performance and design features and the technical and functional engineering requirements of the Contract Documents; provided and except, however, that the Engineer shall not be responsible for making any detailed, exhaustive, comprehensive or continuous on -site inspection of the quality or quantity of the work or be responsible, directly or indirectly, for the construction means, methods, techniques, sequences, quality, procedures, programs, safety precautions or lack of same incident thereto or in connection therewith. Notwithstanding any other provision of this agreement or any other Contract Document, the Engineer shall not be responsible or liable for any acts, errors, omissions or negligence of the Contractor, any Subcontractor or any of the Contractor's or Subcontractor's agents, servants or employees or any other person, firm or corporation performing or attempting to perform any of the work. 2.03 Payments for Work The Engineer shall review the Contractor's applications for payment and supporting data, determine the amount owed to the Contractor and recommend, in writing, payment to the Contractor in such amounts; such recommendation of payment to the Contractor constitutes a representation to the Owner of the Engineer's professional judgement that the work has progressed to the point indicated to the best of his knowledge, information and belief, but such recommendation of an application for payment to the Contractor shall not be deemed as a representation by the Engineer that the Engineer has made any examination to determine how or for what purpose the Contractor has used the monies paid on account of the contract price. 2.04 Initial Determinations The Engineer initially shall determine all claims, disputes and other matters in question between the Contractor and the Owner relating to execution or progress of the work or interpretation of the Contract Documents. The Engineer's decision shall be rendered in gencond.mstlspec master 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 writing within a reasonable time, which shall not be construed to be less than ten (10) days. 2.05 Objections In the event the Engineer renders any decision which, in the opinion of either party hereto, is not in accordance with the meaning and intent of this contract, either party may file with the Engineer within thirty (30) days his written objection to the decision, and by such action may reserve the right to submit the question so raised to litigation as hereinafter provided. 2.06 Lines and Grades Unless otherwise specified, all lines and grades shall be furnished by the Engineer or his representative. Whenever necessary, construction work shall be suspended to permit performance of this work, but such suspension will be as brief as practicable and the Contractor shall be allowed no extra compensation therefor. The Contractor shall give the Engineer reasonable notice of the time and place where lines and grades will be needed. All stakes, marks, etc., shall be carefully preserved by the Contractor, and in case of careless destruction or removal by him or his employees, such stakes, marks, etc., shall be replaced at the Contractor's expense. 2.07 Contractor's Duty and Superintendence The Contractor shall give adequate attention to the faithful prosecution and completion of this contract and shall keep on the work, during its progress, a competent English - speaking Superintendent and any necessary assistants to supervise and direct the work. The Superintendent shall represent the Contractor in his absence and all directions given to him shall be as binding as if given to the Contractor. The Contractor is and at all times shall remain an independent contractor, solely responsible for the manner and method of completing his work under this contract, with full power and authority to select the means, method and manner of performing such work, so long as such methods do not adversely affect the completed improvements, the Owner and the Engineer being interested only in the result obtained and conformity of such completed improvements to the plans, specifications and contract. Likewise, the Contractor shall be solely responsible for the safety of himself, his employees and other persons, as well as for the protection and safety of the improvements being erected and the property of himself or any other person, as a result of his operations hereunder. Engineering construction drawings and specifications, as well as any additional information concerning the work to be performed passing from or through the Engineer, shall not be interpreted as requiring or allowing the Contractor to deviate from the plans and specifications; the intent of such drawings, specifications and gencond.mst/spec master 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 any other such information being to define with specificity the agreement of the parties as to the work the Contractor is to perform. The Contractor shall be fully and completely liable, at his own expense, for design, construction, installation, and use or non -use of all items and methods incident to performance of the contract, and for all loss, damage or injury incident thereto, either to person or property, including, without limitation, the adequacy of all temporary supports, shoring, bracing, scaffolding, machinery or equipment, safety precautions or devices, and similar items or devices used by him during construction. Any review of work in process, or any visit or observation during construction, or any clarification of plans and specifications, by the Engineer or the Owner, or any agent, employee, or representative of either of them, whether through personal observation on the project site or by means of approval of shop drawings for temporary construction or construction processes, or by other means or methods, is agreed by the Contractor to be for the purpose of observing the extent and nature of work completed or being performed, as measured against the drawings and specifications constituting the contract, or for the purpose of enabling the Contractor to more fully understand the plans and specifications so that the completed construction work will conform thereto, and shall in no way relieve the Contractor from full and complete responsibility for the proper performance of his work on the project, including but not limited to the propriety of means and methods of the Contractor in performing said contract, and the adequacy of any designs, plans or other facilities for accomplishing such performance. Deviation by the Contractor from plans and specifications that may have been in evidence during any such visitation or observation by the Engineer, or any of his representatives, whether called to the Contractor's attention or not, shall in no way relieve the Contractor from his responsibility to complete all work in accordance with said plans and specifications. 2.08 Contractor's Understanding It is understood and agreed that the Contractor has, by careful examination, satisfied himself as to the nature and location of the work, the conformation of the ground, the character, quality and quantity of the materials to be encountered, the character of equipment and facilities needed preliminary to and during the prosecution of the work, the general and local conditions, and all other matters which can in any way affect the work under this contract. The Contractor agrees that he will make no claim against the Owner or the Engineer if, in the prosecution of the work, he finds that the actual site or subsurface conditions encountered do not conform to those indicated by excavation, test excavation, test procedures, borings, explorations or other subsurface excavations. No verbal agreement or conversation with any officer, agent or employee of the Owner or the Engineer either before or after the execution of this contract, shall affect or modify any of the terms or obligations herein contained. 2.09 Character of Workers gencond.mst/spec master 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 The Contractor agrees to employ only orderly and competent workers, skillful in the performance of the type of work required under this contract, to do the work; and agrees that whenever the Engineer shall inform him in writing that any workers on the work are, in his opinion, incompetent, unfaithful or disorderly, or refuse instructions from the Engineer in the absence of the Superintendent, such worker shall be discharged from the work and shall not again be employed on the work without the Engineer's written consent. No illegal alien may be employed by any Contractor for work on this project, and a penalty of $500.00 per day will be assessed for each day and for each illegal alien who works for the Contractor at this project. 2.10 Contractor's Buildings The building of structures for housing workers, or the erection of tents or other forms of protection, will be permitted only at such places as the Engineer shall direct, and the sanitary conditions of the grounds in or about such structures shall at all times be maintained in a manner satisfactory to the Engineer. 2.11 Sanitation Necessary sanitary conveniences for the use of laborers on the work, properly secluded from public observation, shall be constructed and maintained by the Contractor in such manner and at such points as shall be approved by the Engineer, and their use shall be strictly enforced. 2.12 Shop Drawings The Contractor shall submit to the Engineer, with such promptness as to cause no delay in his own work or in that of any other Contractor, four (4) checked copies, unless otherwise specified, of all shop and/or setting drawings and schedules required for the work of the various trades, and the Engineer shall pass upon them with reasonable promptness, making desired corrections. The Contractor shall make any corrections required by the Engineer, file with him two (2) corrected copies and furnish such other copies as may be needed. The Engineer's review of such drawings or schedules shall not relieve the Contractor from responsibility for deviations from drawings or specifications, unless he has in writing called the Engineer's attention to such deviations at the time of submission, nor shall it relieve him from responsibility for errors of any sort in shop drawings or schedules. It shall be the Contractor's responsibility to fully and completely 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 gencond.msdspec master 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 duty as an independent contractor as previously set forth, it being expressly understood and agreed that the Engineer does not assume any duty to pass upon the propriety or adequacy of such drawings or schedules, or any means or methods reflected thereby, in relation to the safety of either person or property during the Contractor's performance hereunder. 2.13 Preliminary Approval The Engineer shall not have the power to waive the obligations of this contract for the furnishing by the Contractor of good material, and of his performing good work as herein described, and in full accordance with the plans and specifications. No failure or omission of the Engineer to discover, object to or condemn any defective work or material shall release the Contractor from the obligations to fully and properly perform the contract, including without limitation, the obligation to at once tear out, remove and properly replace any defective work or material at any time prior to final acceptance upon the discovery of said defective work or material; provided, however, that the Engineer shall, upon request of the Contractor, inspect and accept or reject any material furnished, and in the event the material has been once accepted by the Engineer, such acceptance shall be binding on the Owner unless it can be clearly shown that such material furnished does not meet the specifications for this work. Any questioned work may be ordered taken up or removed for re- examination by the Engineer, prior to final acceptance, and if found not in accordance with the plans and/or specifications for said work, all expense of removing, re- examination and replacement shall be borne by the Contractor. Otherwise, the expense thus incurred shall be allowed as Extra Work and shall be paid for by the Owner; provided that, where inspection or approval is specifically required by the specifications prior to performance of certain work, should the Contractor proceed with such work without requesting prior inspection or approval he shall bear all expense of taking up, removing, and replacing this work if so directed by the Engineer. 2.14 Defects and Their Remedies It is further agreed that if the work or any part thereof, or any material brought on the site of the work for use in the work or selected for the same, shall be deemed by the Engineer as unsuitable or not in conformity with the plans, specifications, or the intent thereof, the Contractor shall, after receipt of written notice thereof from the Engineer, forthwith remove such material and rebuild or otherwise remedy such work so that it shall be in full accordance with this contract. 2.15 Changes and Alterations The Contractor further agrees that the Owner may make such changes and alterations as the Owner may see fit in the line, grade, form, dimensions, plans or materials for the gencond.mst/spec master 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 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 the event the Owner makes such changes or alterations as shall make useless any work already done or material already furnished or used in said work, then the Owner shall compensate the Contractor for any material or labor so used, and for any actual loss occasioned by such change, due to actual expense incurred in preparation for the work as originally planned. 2.16 Inspectors The Engineer may provide one (or more) field inspectors at the work site for the limited purpose of observing the work in progress and reporting back to the Engineer on the extent, nature, manner and performance of the work so that the Engineer may more effectively perform his duties hereunder. Such inspectors may also communicate between the Engineer and the Contractor their respective reports, opinions, questions, answers and clarifications concerning the plans, specifications and work but shall not be deemed the agent of the Contractor for all purposes in communicating such matters. Such inspectors may confer with the Contractor or the Contractor's Superintendent concerning the prosecution of the work and its conformity with the plans and specifications but shall never be, in whole or part, responsible for or charged with, nor shall he assume any authority or responsibility for the means, methods or manner of completing the work or of the superintendence of the work or of the Contractor's employees. It is expressly understood and agreed that any such inspector is not authorized by the Engineer or the Owner to independently act for either or answer on behalf of either, any inquiries of the Contractor concerning the plans, specifications or work. No inspector's opinion, advice, interpretation of the plans or specifications of this contract, apparent or express approval of the means or methods or manner of the Contractor's performance of work in progress or completed, or discovery or failure to discover or object to defective work of materials shall release the Contractor from his duty to complete all work in strict accordance with the plans and specifications or stop the Owner or the Engineer from requiring that all work be fully and properly performed including, if necessary, removal of defective or otherwise unacceptable work and the re- doing of such work. gencond.mst/spec master 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 3. General Obligations and Responsibilities 3.01 Keeping of Plans and Specifications Accessible The Engineer shall furnish the Contractor with an adequate and reasonable number of copies of all plans and specifications without expense to him and the Contractor shall keep one (1) copy of the same constantly accessible on the work, with the latest revisions noted thereon. 3.02 Ownership of Drawings All drawings, specifications and copies thereof furnished by the Engineer shall not be reused on other work, and, with the exception of the signed contract sets, are to be returned to him on request, at the completion of the work. All models are the property of the Owner. 3.03 Adequacy of Design It is understood that the Owner believes it has employed competent engineers and designers. It is therefore agreed that the Owner shall be responsible for the adequacy of the design, sufficiency of the Contract Documents, the safety of the structure and the practicability of the operations of the completed project provided that the Contractor has complied with the requirements of the said Contract Documents, all approved modifications thereof, and additions and alterations thereto approved in writing by the Owner. The burden of proof of such compliance shall be upon the Contractor to show that he has complied with the said requirements of the Contract Documents, approved modifications thereof, and all approved additions and alterations thereto. 3.04 Right of Entry The Owner reserves the right to enter the property or location at which the works herein contracted for are to be constructed or installed, by such agent or agents as he may elect, for the purpose of inspecting the work or for the purpose of constructing or installing such collateral work as the Owner may desire. 3.05 Collateral Contracts The Owner agrees to provide, by separate contract or otherwise, all labor and material essential to the completion of the work specifically excluded from this contract, in such manner so as not to unreasonably delay the progress of the work or damage the Contractor, except where such delays are specifically mentioned elsewhere in the Contract Documents. The Owner will attempt to coordinate the collateral work of utility companies regulated by City franchises, but the City shall not be responsible for delays or other damages to the Contractor which may result from their acts or omissions. gencond.mst/spec master 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 3.06 Discrepancies and Omissions The Contractor shall provide written notice to the Engineer of any omissions or discrepancies found in the contract. It is further agreed that it is the intent of this contract that all work must be done and all material must be furnished in accordance with generally accepted practices for construction. In the event of any discrepancies between the separate Contract Documents, the priority of interpretation defined under "Contract Documents" shall govern. In the event that there is still any doubt as to the meaning and intent of any portion of the contract, specifications or drawings, the Engineer shall define what is intended to apply to the work. 3.07 Equipment, Materials and Construction Plant The Contractor shall be responsible for the care, preservation, conservation, and protection of all materials, supplies, machinery, equipment, tools, apparatus, accessories, facilities, all means of construction, and any and all parts of the work, whether the Contractor has been paid, partially paid, or not paid for such work, until the entire work is completed and accepted. 3.08 Damages In the event the Contractor is damaged in the course of completion of the work by the act, negligence, omission, mistake or default of the Owner or the Engineer, thereby causing loss to the Contractor, the Owner agrees that he will reimburse the Contractor for such loss. In the event the Owner is damaged in the course of the work by the act, negligence, omission, mistake or default of the Contractor, or should the Contractor unreasonably delay the progress of the work being done by others on the job so as to cause loss for which the Owner becomes liable, then the Contractor shall reimburse the Owner for such loss. 3.09 Protection Against Accident to Employees and the Public The Contractor shall at all times exercise reasonable precautions for the safety of employees and others on or near the work and shall comply with all applicable provisions of federal, state, and municipal safety laws and building and construction codes. All machinery and equipment and other physical hazards shall be guarded in accordance with the "Manual of Accident Prevention in Construction" of the Associated General Contractors of America, except where incompatible with federal, state, or municipal laws or regulations. The Contractor shall provide such machinery guards, safe walkways, ladders, bridges, gangplanks, and other safety devices. The safety precautions actually taken and their adequacy shall be the sole responsibility of the Contractor, acting at his discretion as an independent contractor. gencond.mst/spec master 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 In the event there is an accident involving injury to any individual on or near the work, the Contractor shall immediately notify the Owner and the Engineer of the event and shall be responsible for recording the location of the event and the circumstances surrounding the event through photographs, interviewing witnesses, obtaining of medical reports and other documentation that defines the event. Copies of such documentation shall be provided to the Owner and the Engineer for their records. 3.10 Performance and Payment Bonds Unless otherwise specified, it is further agreed by the parties to the contract that the Contractor will execute separate performance and payment bonds, each in the sum of one hundred (100 %) percent of the total contract price, on standard forms for this purpose, guaranteeing faithful performance of the work and the fulfillment of any guarantee required, and further guaranteeing payment to all persons supplying labor and materials or furnishing him any equipment in the execution of the contract. If the contract price is $25,000.00 or less, no payment or performance bond shall be required. It is agreed that the contract shall not be in effect until such performance and payment bonds are furnished and approved by the Owner. Unless otherwise specified, the cost of the premium for the performance and payment bonds shall be included in the price bid by the Contractor for the work under this contract, and no extra payment for such bonds will be made by the Owner. Unless otherwise approved in writing by the Owner, the surety company underwriting the bonds shall be licensed to write such bonds in the State of Texas. 3.11 Losses from Natural Causes Unless otherwise specified, all loss or damage to the Contractor arising out of the nature of the work to be done, or from the action of the elements, or from any unforeseen circumstance in the prosecution of the same, or from unusual obstructions or difficulties which may be encountered in the prosecution of the work, shall be sustained and borne by the Contractor at his own cost and expense. 3.12 Protection of Adjoining Property The said Contractor shall take proper means to protect the adjacent or adjoining property or properties, in any way encountered, which might be injured or seriously affected by any process of construction to be undertaken under this agreement, from any damage or injury by reason of said process of construction; and he shall be liable for any and all claims for such damage on account of his failure to fully protect all adjoining property. The Contractor agrees to indemnify, save and hold harmless the Owner and the Engineer against any claim or claims for damages due to any injury to any adjacent or adjoining property, arising or growing out of the performance of the contract regardless of whether gencond.mstlspec master 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 or not it is caused in part by a party indemnified hereunder, but any such indemnity shall not apply to any claim of any kind arising solely out of the existence or character of the work. 3.13 Protection Against Claims of Subcontractors, Laborers, Materialmen and Furnishers of Machinery, Equipment and Supplies The Contractor agrees that he will indemnify and save the Owner and the Engineer harmless from all claims growing out the lawful demands of Subcontractors, laborers, workers, mechanics, materialmen and furnishers of machinery and parts thereof, equipment, power tools, and all supplies, including commissary, incurred in the furtherance of the performance of this contract. When so desired by the Owner, the Contractor shall furnish satisfactory evidence that all obligations of the nature hereinabove designated have been paid, discharged or waived. If the Contractor fails to do so, then the Owner may either pay directly any unpaid bills of which the Owner has written notice, or may withhold from the Contractor's unpaid compensation a sum of money deemed reasonably sufficient to liquidate any and all such lawful claims. When satisfactory evidence is furnished that all liabilities have been fully discharged, payments to the Contractor shall be resumed in full in accordance with the terms of this contract, but in no event shall the provisions of this sentence be construed to impose any obligation upon the Owner by either the Contractor or his surety. 3.14 Protection Against Royalties or Patented Invention The Contractor shall pay all royalties and license fees, and shall provide for the use of any design, device, material or process covered by letter patent or copyright by suitable legal agreement with the patentee or owner. The Contractor shall defend all suits or claims for infringement of any patent or copyright rights and shall indemnify and save the Owner and the Engineer harmless from any loss on account thereof, except that the Owner shall defend all such suits and claims and shall be responsible for all such loss when a particular design, device, material or process or the product of a particular manufacturer or manufacturers is specified or required by the Owner; provided, however, if choice of alternate design, device, material or process is allowed to the Contractor, then the Contractor shall indemnify and save the Owner harmless form any loss on account thereof. If the material or process specified or required by the Owner is known by the Contractor to be an infringement, the Contractor shall be responsible for such loss unless he promptly gives such information to the Owner. 3.15 Laws and Ordinances The Contractor shall at all times observe and comply with all federal, state and local laws, ordinance and regulations, which in any manner affect the contract or the work, and shall indemnify and save harmless the Owner and the Engineer against any claim arising from the violation of any such laws, ordinances, and regulations whether by the gencond.msdspec master 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 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 attomeys' fees and expenses, arising out of or resulting from the performance of the work, provided that any such damage, claim, loss, demand, suit, judgment, cost or expense: 1. is attributable to bodily injury, sickness, disease or death of any person including Contractor's employees and any Subcontractor's employees and any Sub - subcontractor's employees, or to injury to or destruction of tangible property including Contractor's property (other than the work itself) and the property of any Subcontractor of Sub - subcontractor including the loss of use resulting therefrom; and, 2. is caused in whole or in part by any intentional or negligent act or omission of the Contractor, any Subcontractor, any Sub - subcontractor or anyone directly or indirectly employed by any one of them or anyone for whose acts any of them may be liable, regardless of whether or not it is caused in part by a party indemnified hereunder. gencond.mst/spec master 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 The obligation of the Contractor under this paragraph shall not extend to the liability of the Engineer, his agents or employees arising out of the preparation of maps, plans, reports, surveys, change orders, designs or specifications, or the approval of maps, plans, reports, surveys, change orders, designs or specifications or the issuance of or the failure to give directions or instructions by the Engineer, his agents or employees, provided such is the sole cause of the injury or damage. In any and all claims against the Owner or the Engineer or any of their agents or employees by any employee of the Contractor, any Subcontractor, any Sub - subcontractor, anyone directly or indirectly employed by any of them, or anyone for whose acts any of them may be liable, the indemnification obligation under Paragraph 3.17 shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the Contractor or any Subcontractor or Sub - subcontractor under workers' compensation acts, disability benefit acts or other employee benefit acts. 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. 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 gencond.mst/spec master 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 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. The Contractor shall obtain from each person providing services on a project, and provide to the governmental entity: (a) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and (b) no later than seven (7) calendar days after receipt by the Contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project. The Contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter. gencond.mst/spec master 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 The Contractor shall notify the governmental entity in writing by certified mail or personal delivery, within ten (10) calendar days after the Contractor knew or should have known of any change that materially affects the provision of coverage of any person providing services on the project. The Contractor shall post on each project site a notice, in the text, form and manner prescribed by the Texas Workers' Compensation Commission, informing all persons providing services on the project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage. The Contractor shall contractually require each person with whom it contracts to provide services on the project to: (a) provide coverage, based on proper reporting of classification codes and payroll amounts of filing of any coverage agreements, that meets the statutory requirements of Texas Labor Code, Section 401.011(44), for all of its employees providing services on the project, for the duration of the project; (b) (c) provide the Contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (d) obtain from each other person with whom it contracts, and provide to the Contractor: 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; notify the governmental entity in writing by certified mail or personal delivery, within ten (10) calendar days after the person knew or should have known of any change that materially affects (f) gencond.mst/spec master 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; (1) 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 (g) the provision of coverage of any person providing services on the project; and contractually require each person with whom it contracts to perform as required by paragraphs (a) - (g), with the certificates of coverage to be provided to the person for whom they are providing services. By signing this contract, or providing or causing to be provided a certificate of coverage, the Contractor is representing to the govemmental entity that all employees of the Contractor who will provide services on the project will be covered by workers' compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self- insured, with the Commission's Division of Self- Insurance Regulation. Providing false or misleading information may subject the Contractor to administrative penalties, criminal penalties, civil penalties, and/or other civil actions. The Contractor's failure to comply with any of these provisions is a breach of contract by the contractor that entitles the governmental entity to declare the contract void if the Contractor does not remedy the breach within ten (10) calendar days after the receipt of notice of breach from the governmental entity, B. Comprehensive General Liability Insurance with minimum Bodily Injury limits of $300,000 for each occurrence including like coverage for acts and omissions of Subcontractors and contractual liability coverage. C. Property Damage Insurance with minimum limits of $50,000 for each occurrence including like coverage for acts and omissions of Subcontractors and contractual liability coverage. D. Automobile Liability Insurance for all owned, non - owned, and hired vehicles with minimum limits for Bodily Injury of $100,000 for each person and $300,000 for each occurrence and Property Damage minimum limits of $50,000 for each occurrence. Contractor shall require Subcontractors to provide Automobile Liability Insurance with same minimum limits. The Contractor shall not commence work at the site under this contract until he has obtained all required insurance and until such insurance has been approved by the Owner and the Engineer. The Contractor shall not allow any Subcontractors to commence work until all insurance required has been obtained and approved. Approval of the insurance by the Owner and the Engineer shall not relieve or decrease the liability of the Contractor hereunder. gencond.mst/spec master 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 The required insurance must be written by a company licensed to do business in Texas at the time the policy is issued. In addition, the company must be acceptable to the Owner and all insurance (other than workers' compensation) shall be endorsed to include the Owner as an additional insured thereunder. The Contractor shall not cause any insurance to be cancelled nor permit any insurance to lapse. All insurance certificates shall include a clause to the effect that the policy shall not be cancelled or reduced, restricted or limited until ten (10) days after the Owner has received written notice as evidenced by return receipt of registered or certified letter. Certificates of insurance shall contain transcripts from the proper office of the insurer, evidencing in particular those insured, the extent of the insurance, the Location and the operations to which the insurance applies, the expiration date, and the above- mentioned notice of cancellation clause. 3.19 Final Clean -up Upon the completion of the work and before acceptance and final payment will be made, the Contractor shall clean and remove from the site of the work all surplus and discarded materials, temporary structures and debris of every kind. He shall leave the site of the work in a neat and orderly condition at least equal to that which originally existed. Surplus and waste materials removed from the site of the work shall be disposed of at locations satisfactory to the Engineer. In the event the Contractor fails or refuses to clean and remove surplus materials and debris as above provided, the Owner or the Engineer may do so, or cause same to be done, at the Contractor's expense, and the reasonable cost thereof shall be deducted from the final payment. 3.20 Guarantee Against Defective Work The Contractor warrants the materials and workmanship and that the work is in conformance with the plans and specifications included in this contract for a period of one year from the date of acceptance of the project. Said warranty binds the Contractor to correct any work that does not conform with such plans and specifications or any defects in workmanship or materials fumished under this contract which may be discovered within the said one year period. The Contractor shall at his own expense correct such defect within thirty (30) days after receiving written notice of such defect from the Owner or the Engineer by repairing same to the condition called for in the Contract Documents and plans and specifications. Should the Contractor fail or refuse to repair such defect within the said thirty (30) day period or to provide acceptable assurances that such repair work will be completed within a reasonable time thereafter, the Owner may repair or cause to be repaired any such defect at the Contractor's expense. gencond.mst/spec master 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 3.21 Testing of Materials Unless otherwise specified, testing of all materials to be incorporated into the project will be as directed by the Engineer at the expense of the Owner. All retesting for work rejected on the basis of test results will be at the expense of the Contractor and the extent of the retesting shall be determined by the Engineer. The Engineer may require additional testing for failing tests and may require two (2) passing retests before acceptance will be made by the Owner. The testing laboratory will be designated by the Owner. All materials to be incorporated into the project must meet the requirements of these specifications. For manufactured materials such as reinforcing steel, expansion joint materials, concrete pipe, cement, miscellaneous steel, cast iron materials, etc., the Contractor will be required to furnish a manufacturer's certificate stating that the material meets the requirements specified for this project. 3.22 Wage Rates (Information From Chapter 2258 Texas Government Code Title 10) 2288.021. Duty of Government Entity to Pay Prevailing Wage Rates a. The state or any political subdivision of the state shall pay a worker employed by it or on behalf of it: (1) not less than the general prevailing rate of per diem wages for work of a similar character in the locality in which the work is performed; and (2) not less than the general prevailing rate of per diem wages for legal holiday and overtime work. b. Subsection (a) does not apply to maintenance work. c. A worker is employed on a public work for the purposes of this section if the worker is employed by a contractor or subcontractor in the execution of a contract for the public work with the state, a political subdivision of the state, or any officer or public body of the state or a political subdivision of the state. 2258.023. Prevailing Wage Rates to be Paid by Contractor and Subcontractor; Penalty a. The contractor who is awarded a contract by a public body or a subcontractor of the contractor shall pay not less than the rates determined under Section 2258.022 to a worker employed by it in the execution of the contract. b. A contractor or subcontractor who violates this section shall pay to the state or a political subdivision of the state on whose behalf the contract is made, $60 for each worker employed for each calendar day or part of the day that the worker is paid less than the wage rates stipulated in the contract. A public body awarding a contract shall specify this penalty in the contract. gencond.mstlspec master 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1997 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. Applicable wage rates are shown in Section 06 WAGE RATES of the SPECIAL CONDITIONS. 4. Prosecution and Progress 4.01 Time and Order of Completion 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. gencond.mst/spec master WR1001 July 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 4.02 Extension of Time Should the Contractor be delayed in the completion of the work by any act or neglect of the Owner or the Engineer, or of any employee of either, or by other contractors employed by the Owner, or by changes ordered in the work, or by strikes, lockouts, fires, and unusual delays by common carriers, or unavoidable cause or causes beyond the Contractor's control, or by any cause which the Engineer shall decide justifies the delay, then an extension of time shall be allowed for completing the work, sufficient to compensate for the delay, the amount of the extension to be determined by the Engineer; provided, however, that the Contractor shall give the Engineer prompt notice in writing of the cause of such delay. Adverse weather conditions will not be justification for extension of time on "Calendar Days" contracts. 4.03 Hindrances and Delays No claims shall be made by the Contractor for damages resulting from hindrances or delays from any cause (except where the work is stopped by order of and for the convenience of the Owner) during the progress of any portion of the work embraced in this contract. In case said work shall be stopped by the act of the Owner, then such expense as in the judgment of the Engineer is caused by such stoppage of said work shall be paid by the Owner to the Contractor. 5. Measurement and Payment 5.01 Quantities and Measurements No extra or customary measurements of any kind will be allowed, but the actual measured and/or computed length, area, solid contents, number and weight only shall be considered, unless otherwise specifically provided. 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 gencond.mst/spec master 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 under this contract and the estimated quantities contemplated and contained in the proposal; provided, however, that in case the actual quantity of any major item should become as much as twenty percent (20 %) more than, or twenty percent (20 %) less than the estimated or contemplated quantity for such items, then either party to this agreement, upon demand, shall be entitled to revised consideration upon the portion of the work above or below twenty percent (20 %) of the estimated quantity. A "Major Item" shall be construed to be any individual bid item incurred in the proposal that has a total cost equal to or greater that five percent (5 %) of the total contract cost, computed on the basis of the proposal quantities and the contract unit prices. Any revised consideration is to be determined by agreement between the parties, otherwise by the terms of this agreement, as provided under "Extra Work". 5.03 Price of Work In consideration of the furnishing of all the necessary labor, equipment and material, and the completion of all work by the Contractor, and on the completion of all work and on the delivery of all material embraced in this contract in full conformity with the specifications and stipulations herein contained, the Owner agrees to pay the Contractor the prices set forth in the proposal hereto attached, which has been made a part of this contract. The Contractor hereby agrees to receive such prices in full for furnishing all material and all labor required for the aforesaid work, also for all expense incurred by him, and for well and truly performing the same and the whole thereof in the manner and according to this agreement. 5.04 Partial Payments On or before the first day of each month, the Contractor shall submit to the Engineer a statement showing the total value of the work performed up to and including the 25th day of the preceding month. The statement shall also include the value of all sound materials delivered on the job site and to be included in the work and all partially completed work whether bid as a lump sum or a unit item which in the opinion of the Engineer is acceptable. The Engineer shall examine and approve or modify and approve such statement. The Owner shall then pay the Contractor on or before the 20th day of the current month the total amount of the approved statement, less five percent (5 %) of the amount thereof, which five percent (5 %) shall be retained until final payment, and further less all previous payments and all further sums that may by retained by the Owner under the terms of this agreement. It is understood, however, that in case the whole work be near to completion and some unexpected and unusual delay occurs due to no fault or neglect on the part of the Contractor, then the Owner may, upon written recommendation of the Engineer, pay a reasonable and equitable portion of the retained percentage to the Contractor; or the gencond.mst/spec master 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 Contractor, at the Owner's option, may be relieved of the obligation to fully complete the work and, thereupon, the Contractor shall receive payment of the balance due him under the contract subject only to the conditions stated under "Final Payment ". 5.05 Use of Completed Portions The Owner shall have the right to take possession of and use any completed or partially completed portions of the work, notwithstanding the time for completing the entire work or such portions may not have expired. Such taking possession and use shall not be deemed an acceptance of any work not completed in accordance with the Contract Documents. If such prior use increases the cost or delays the work, the Contractor shall be entitled to such extra compensation, extension of time, or both, as the Engineer may determine. The Contractor shall notify the Engineer when, in the Contractor's opinion, the contract is "substantially completed" and when so notifying the Engineer, the Contractor shall furnish to the Engineer in writing a detailed list of unfinished work. The Engineer will review the Contractor's list of unfinished work and will add thereto such items as the Contractor has failed to include. The "substantial completion' of the structure or facility shall not excuse the Contractor from performing all of the work undertaken, whether of a minor or major nature, and thereby completing the structure or facility in accordance with the Contract Documents. 5.06 Final Completion and Acceptance Within ten (10) days after the Contractor has given the Engineer written notice that the work has been completed, or substantially completed, the Engineer and the Owner shall inspect the work and within said time, if the work is found to be completed in accordance with the Contact Documents, the Engineer shall issue to the Owner and the Contractor his Certificate of Completion, and thereupon it shall be the duty of the Owner to issue a Certificate of Acceptance to the Contractor or to advise the Contractor in writing of the reason for non - acceptance. 5.07 Final Payment Upon the issuance of the Certificate of Completion, the Engineer shall proceed to make final measurements and prepare final statement for the value of all work performed and materials furnished under the terms of the agreement and shall certify same to the Owner, who shall pay to the Contractor on or before 35th day after the date of the Certificate of Completion, the balance due the Contractor under the terms of this contract; and said payment shall become due in any event upon said performance by the Contractor. Neither the Certificate of Acceptance nor the final payment, nor any provision in the Contract Documents, shall relieve the Contractor of the obligation for fulfillment of any warranty which may be required. gencond.msUspec master 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 5.08 Payments Withheld The Owner may, on account of subsequently discovered evidence, withhold or nullify the whole or part of any certificate to such extent as may be necessary to protect himself from loss on account of: a) Defective work not remedied or other obligations hereunder not done. b) Claims filed or reasonable evidence indicating probable filing of claims. c) Failure of the Contractor to make payments properly to Subcontractors or for material or labor. d) Damage to the Owner or another contractor's work, material or equipment. e) Reasonable doubt that the work can be completed for the unpaid balance of the contract amount. 1) g) 5.09 Delayed Payments Reasonable indication that the work will not be completed within the contract time. Other causes affecting the performance of the contract. When the above grounds are removed or the Contractor provides a surety bond satisfactory to the Owner, which will protect the Owner in the amount withheld, payment shall be made for amounts withheld because of them. Should the Owner fail to make payment to the Contractor of the sum named in any partial or final statement, when payment is due, then the Owner shall pay to the Contractor, in addition to the sum shown as due by such statement, interest thereon at the rate of six percent (6 %) per annum, unless otherwise specified, from date due as provided under "Partial Payments" and "Final Payment," until fully paid, which shall fully liquidate any injury to the Contractor growing out of such delay in payment. It is expressly agreed that delay by the Owner in making payment to the Contractor of the sum named in any partial or final statement shall not constitute a breach of this contract on the part of the Owner nor an abandonment thereof nor shall it to any extent or for any time relieve the Contractor of his obligations to fully and completely perform hereunder. 6. Extra Work and Claims 6.01 Change Orders gencond.mstispec master 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 Without invalidating this agreement, the Owner may at any time or from time to time order additions, deletions or revisions to the work; such changes will be authorized by change order to be prepared by the Engineer for execution by the Owner and the Contractor. The change order shall set forth the basis for any change in contract price, as hereinafter set forth for extra work, and any change in contract time which may result from the change. In the event the Contractor shall refuse to execute a change order which has been prepared by the Engineer and executed by the Owner, the Engineer may in writing instruct the Contractor to proceed with the work as set forth in the change order and the Contractor may make claim against the Owner for extra work involved therein, as hereinafter provided. 6.02 Minor Changes The Engineer may authorize minor changes in the work not inconsistent with the overall intent of the Contract Documents and not involving an increase in contract price. If the Contractor believes that any minor change or alteration authorized by the Engineer involves extra work and entitles him to an increase in the contract price, the Contractor shall make written request to the Engineer for a written field order. In such case, the Contractor by copy of his communication to the Engineer or otherwise in writing shall advise the Owner of his request to the Engineer for a written field order and that work involved may result in an increase in the contract price. Any request by the Contractor for a change in contract price shall be made prior to beginning the work covered by the proposed change. 6.03 Extra Work It is agreed that the basis of compensation to the Contractor for work either added or deleted by a change order or for which a claim for extra work is made shall be determined by the unit prices upon which this contract was bid to the extent such work can be fairly classified within the various work item descriptions and for work items that cannot be so classified by one or more of the following methods: Method (A) By agreed unit prices; or Method (B) By agreed lump sum; or Method (C) gencond.mst/spec master 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 In the event said extra work is performed and paid for under Method (C), then the provisions of this paragraph shall apply and the "actual field cost" is hereby defined to include the cost to the Contractor of all workmen, such as foremen, timekeepers, mechanics and laborers, and materials, supplies, trucks, rentals on machinery and equipment, for the time actually employed or used on such extra work, plus actual equipment, for the time actually employed or used on such extra work, plus actual transportation charges necessarily incurred, together with all power, fuel, lubricants, water and similar operating expenses, also all necessary incidental expenses incurred directly on account of such extra work, including Social Security, Old Age Benefits and other payroll taxes, and a rateable proportion of premiums on performance and payment bonds and maintenance bonds, public liability and property damage and workers' compensation, and all other insurance as may be required by any law or ordinance, or directed or agreed to by the Owner. The Engineer may direct the form in which accounts of the "actual field cost" shall be kept and the records of these accounts shall be made available to the Engineer. The Engineer or the Owner may also specify in writing, before the work commences, the method of doing the work and the type and kind of machinery and equipment to be used; otherwise these matters shall be determined by the Contractor. Unless otherwise agreed upon, the prices for the use of machinery and equipment shall be determined by using one hundred percent (100 %), unless otherwise specified, of the latest schedule of Equipment Ownership Expense adopted by the Associated General Contractors of America. Where practicable the terms and prices for the use of machinery and equipment shall be incorporated in the written extra work order. The fifteen percent (15 %) of the "actual field cost" to be paid the Contractor shall cover and compensate him for his profit, overhead, general superintendence and field office expense, and all other elements of cost and expense not embraced within the "actual field cost" as herein defined, save that where the Contractor's camp or field office must be maintained primarily on account of such extra work; then the cost to maintain and operate the same shall be included in the "actual field cost." No claim for extra work of any kind will be allowed unless ordered in writing by the Engineer. In case any orders or instructions, either oral or written, appear to the Contractor to involve extra work for which he should receive compensation or an adjustment in the construction time, he shall make written request to the Engineer for written order authorizing such extra work. Should a difference of opinion arise as to what does or does not constitute extra work, or as to the payment therefor, and the Engineer insists upon its performance, the Contractor shall proceed with the work after making written request for written order and shall keep an accurate account of the "actual field cost" thereof, as provided under Method (C). The Contractor will thereby preserve the right to submit the matter of payment to mediation or litigation. gencond.mst/spec master If neither Method (A) nor Method (B) is agreed upon before the extra work is commenced, then the Contractor shall be paid the "actual field cost" of the work, plus fifteen percent (15 %). 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 6.04 Time of Filing Claims It is further agreed by both parties hereto that all questions of dispute or adjustment presented by the Contractor shall be in writing and filed with the Engineer within thirty (30) days after the Engineer has given any directions, order or instruction to which the Contractor desires to take exception. The Engineer shall reply within thirty (30) days to such written exceptions by the Contractor and render his final decision in writing. In case the Contractor should appeal from the Engineer's decision, any demand for mediation shall be filed with the Engineer and the Owner in writing within ten (10) days after the date of delivery to Contractor of the Engineer's final decision. It is further agreed that final acceptance of the work by the Owner and the acceptance by the Contractor of the final payment shall be a bar to any claims by either party, except claims by Owner for defective work or enforcement of warranties and except as noted otherwise in the Contract Documents. 6.05 Continuing Performance The Contractor shall continue performance of the contract during all disputes or disagreements with the Owner. The production or delivery of goods, the furnishing of services and the construction of projects or facilities shall not be delayed, prejudiced or postponed pending resolution of any disputes or disagreements, except as the Owner may otherwise agree in writing. 7. Abandonment of Contract 7.01 Abandonment by Contractor In case the Contractor should abandon and fail or refuse to resume work within ten (10) days after written notification from the Owner or the Engineer, or if the Contractor fails to comply with the orders of the Engineer when such orders are consistent with the Contract Documents, then and in that case, where performance and payment bonds exist, the sureties on these bonds shall be notified in writing and directed to complete the work, and a copy of said notice shall be delivered to the Contractor. After receiving said notice of abandonment, the Contractor shall not remove from the work any machinery, equipment, tools, materials or supplies then on the job, but the same, together with any materials and equipment under contract for the work, may be held for use on the work by the Owner or the surety on the performance bond, or another contractor in completion of the work; and the Contractor shall not receive any rental or credit therefor (except when used in connection with extra work, where credit shall be allowed as provided for under Section 6 herein), it being understood that the use of such equipment and materials will ultimately reduce the cost to complete the work and be reflected in the final settlement. gencond.mst/spec master Where there is no performance bond provided or in case the surety should fail to commence compliance with the notice for completion hereinbefore provided for, within ten (10) days after service of such notice, then the Owner may provide for completion of the work in either of the following elective manners: (1) The Owner may thereupon employ such force of men and use such machinery, equipment, tools, materials and supplies as the Owner may deem necessary to complete the work and charge the expense of such labor, machinery, equipment, tools, materials and supplies to the Contractor, and expense so charged shall be deducted and paid by the Owner out of such monies as may be due, or that may thereafter at any time become due to the Contractor under and by virtue of this agreement. In case such expense is less than the sum which would have been payable under this contract if the same had been completed by the Contractor, then the Contractor shall receive the difference. In case such expense is greater than the sum which would have been payable under this contract if the same had been completed by the Contractor, then the Contractor and/or his surety shall pay the amount of such excess to the Owner, or (2) The Owner, under competitive bids taken after notice published as required by law, may let the contract for the completion of the work under substantially the same terms and conditions which are provided in this contract. In case there is any increase in cost to the Owner under the new contract as compared to what would have been the cost under this contract, such increase shall be charged to the Contractor and the surety shall be and remain bound therefor. However, should the cost to complete any such contract prove to be less than would have been the cost to complete under this contract, the Contractor and/or his surety shall be credited therewith. When the work shall have been substantially completed, the Contractor and his surety shall be so notified and Certificates of Completion and Acceptance, as provided in Paragraph 5.06 hereinabove, shall be issued. A complete itemized statement of the contract accounts, certified by the Engineer as being correct, shall then be prepared and delivered to the Contractor and his surety, whereupon the Contractor and/or his surety, or the Owner as the case may be, shall pay the balance due as reflected by said statement within fifteen (15) days after the date of such Certificate of Completion. In the event the statement of accounts shows that the cost to complete the work is less than that which would have been the cost to the Owner had the work been completed by the Contractor under the terms of this contract, or when the Contractor and/or his surety shall pay the balance shown to be due by them to the Owner, then all machinery, equipment, tools, materials or supplies left on the site of the work shall be turned over to the Contractor and/or his surety. Should the cost to complete the work exceed the contract gencond.mst/spec master price, and the Contractor and/or his surety fail to pay the amount due the Owner within the time designated hereinabove, and there remains any machinery, equipment, tools, materials or supplies on the site of the work, notice thereof, together with an itemized list of such equipment and materials, shall be mailed to the Contractor and his surety at the respective addresses designated in this contract; provided, however, that actual written notice given in any manner will satisfy this condition. After mailing, or other giving of such notice, such property shall be held at the risk of the Contractor and his surety subject only to the duty of the Owner to exercise ordinary care to protect such property. After fifteen (15) days from the date of said notice, the Owner may sell such machinery, equipment, tools, materials or supplies and apply the net sum derived from such sale to the credit of the Contractor and his surety. Such sale may be made at either public or private sale, with or without notice, as the Owner may elect. The Owner shall release any machinery, equipment, tools, materials, or supplies, which remain on the work, and belong to persons other than the Contractor or his surety, to their proper owners. The books on all operations provided herein shall be opened to the Contractor and his surety. 7.02 Abandonment by Owner In case the Owner shall fail to comply with the terms of this contract, and should fail to comply with said terms within ten (10) days after written notification by the Contractor, then the Contractor may suspend or wholly abandon the work, and may remove therefrom all machinery, tools and equipment, and all materials on the site of work that have not been included in payments to the Contractor and have not been wrought into the work. Thereupon, the Engineer shall make an estimate of the total amount earned by the Contractor, which estimate shall include the value of all work actually completed by said Contractor (at the prices stated in the attached proposal where unit prices are used), the value of all partially completed work at a fair and equitable price, and the amount of all extra work performed at the prices agreed upon, or provided for by the terms of this contract, and a reasonable sum to cover the cost of any provisions made by the Contractor to carry the whole work to completion and which cannot be utilized. The Engineer shall then make a final statement of the balance due the Contractor by deducting from the above estimate all previous payments by the Owner and all other sums that may be retained by the Owner under the terms of this agreement and shall certify same to the Owner who shall pay to the Contractor on or before thirty (30) days after the date of the notification by the Contractor the balance shown by said final statement as due the Contractor, under the terms of this agreement. 8. Subcontractors 8.01 Award of Subcontracts for Portions of the Work 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 gencond.mst/spec master the Subcontractors proposed for the principal portions of the work. The Engineer shall promptly notify the Contractor in writing if either the Owner or the Engineer, after due investigation, has objection to any Subcontractor on such list and does not accept him. Failure of the Owner or the Engineer to make objection promptly to any Subcontractor on the list shall constitute acceptance of such Subcontractor. The Contractor shall not contract with any Subcontractor or any person or organization (including those who are to fumish materials or equipment fabricated to a special design) proposed for portions of the work designated in the Contract Documents or in the Instructions to Bidders or, if none is so designated, with any Subcontractor proposed for the principal portions of the work who has been rejected by the Owner and the Engineer. The Contractor will not be required to contract with any Subcontractor or person or organization against whom he has a reasonable objection. If the Owner or the Engineer refuses to accept any Subcontractor or person or organization on a list submitted by the Contractor in response to the requirements of the Contract Documents or the Instructions to Bidders, the Contractor shall submit an acceptable substitute and the contract amount shall be increased or decreased by the difference in cost occasioned by such substitution and an appropriate change order shall be issued; however, no increase in the contract amount shall be allowed for any such substitution unless the Contractor has acted promptly and responsively in submitting for acceptance any list or lists of names as required by the Contract Documents or the Instructions to Bidders. If the Owner or the Engineer requires a change of any proposed Subcontractor or person or organization previously accepted by them, the contract amount shall be increased or decreased by the difference in cost occasioned by such change and an appropriate change order shall be issued. The Contractor shall not make any substitution for any Subcontractor or person or organization who has been accepted by the Owner and the Engineer, unless the substitution is acceptable to the Owner and the Engineer. 8.02 Subcontractual Relations All work performed for the Contractor by a Subcontractor shall be pursuant to an appropriate written agreement between the Contractor and the Subcontractor (and where appropriate between Subcontractors and Sub - subcontractors) which shall contain provisions that: gencond.mst/spec master (1) preserve and protect the rights of the Owner and the Engineer under the contract with respect to the work to be performed under the subcontract so that the subcontracting thereof will not prejudice such rights; (2) require that such work be performed in accordance with the requirements of the Contract Documents; (3) require submission to the Contractor of the applications for payment under each subcontract to which the Contractor is a party, in reasonable time to enable the Contractor to apply for payment in accordance with this contract; (4) require that all claims for additional costs, extensions of time, damages for delays or otherwise with respect to subcontracted portions of the work shall be submitted to the Contractor (via any Subcontractor or Sub - subcontractor where appropriate) in sufficient time so that the Contractor may comply in the manner provided in the Contract Documents for like claims by the Contractor upon the Owner; (5) obligate each subcontractor specifically to consent to the provisions of this section. A copy of all such subcontract agreements shall be filed by the Contractor with the Engineer before the Subcontractor shall be allowed to commence work. 8.03 Payments to Subcontractors The Contractor shall pay each Subcontractor, upon receipt of payment from the Owner, an amount directly based upon the value of the work performed and allowed to the Contractor on account of such Subcontractor's work, less the percentage retained from payments to the Contractor. The Contractor shall also require each Subcontractor to make similar payments to his subcontractors. If the Engineer fails to approve a payment for any cause which is the fault of the Contractor and not the fault of a particular Subcontractor, the Contractor shall pay the Subcontractor on demand made at any time after the Certificate for Payment should otherwise have been issued, for his work to the extent completed, less the retained percentage. The Engineer may, on request and at his discretion, furnish to any Subcontractor, if practicable, information regarding percentages of completion certified to the Contractor on account of work done by such Subcontractors. Neither the Owner nor the Engineer shall have any obligation to pay or to see to the payment of any monies to such Subcontractor except as may otherwise be required. 9. Separate Contracts 9.01 Owner's Right to Award Separate Contracts gencond.mst/spec master 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 The Owner reserves the right to award other contracts in connection with other portions of the project under these or similar conditions of the contract. When separate contracts are awarded for different portions of the project, the Contractor" in the contract documents in each case shall be the contractor who signs each separate contract. 9.02 Mutual Responsibility of Contractors The Contractor shall afford other contractors reasonable opportunity for the introduction and storage of their materials and equipment and the execution of their work, and shall properly connect and coordinate his work with theirs. If any part of the Contractor's work depends for proper execution or results upon the work of any other separate contractor, the Contractor shall inspect and promptly report to the Engineer any apparent discrepancies or defects in such work that render it unsuitable for such proper execution and results. Failure of the Contractor to so inspect and report shall constitute an acceptance of the other contractor's work as fit and proper to receive his work, except as to defects which may develop in the other separate contractor's work after the execution of the Contractor's work. Should the Contractor cause damage to the work or property of any separate contractor on the project, the Contractor shall, upon due notice, settle with such other contractor by agreement, if he will so settle. If such separate contractor sues the Owner or initiates an proceeding allowed hereunder on account of any damage alleged to have been so sustained, the Owner shall notify the Contractor who shall defend such proceedings at the Contractor's expense, and if any judgment or award against the Owner arises therefrom the Contractor shall pay or satisfy it and shall reimburse the Owner for all attorney's fees and court costs or other costs which the Owner has incurred. 9.03 Cutting and Patching under Separate Contracts The Contractor shall be responsible for any cutting, fitting and patching that may be required to complete his work, except as otherwise specifically provided in the Contract Documents. The Contractor shall not endanger any work of any other contractors by cutting, excavating or otherwise altering any work and shall not cut or alter the work of any other contractor except with the written consent of the Engineer. Any costs caused by defective or ill -timed work shall be bome by the party responsible therefor. gencond.mst/spec master 10. Protection of Persons and Property 10.01 Safety Precautions and Programs The Contractor shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the work. 10.02 Safety of Persons and Property The Contractor shall take all reasonable precautions for the safety of, and shall provide all reasonable protection to prevent damage, injury, or Loss to: (1) all employees on the work and all other persons who may be affected thereby: (2) all the work and all materials and equipment to be incorporated therein, whether in storage or off the site, under the care, custody or control of the Contractor or any of his Subcontractors or Sub - subcontractors; and (3) other property at the site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, fences, roadways, structures and utilities not designated for removal, relocation or replacement in the course of construction. The Contractor shall comply with all applicable laws, ordinances, rules, regulations and lawful orders of any public authority having jurisdiction for the safety of persons or property or to protect them from damage, injury or loss. He shall erect and maintain, as required by existing conditions and progress of the work, all reasonable safeguards for safety and protection, including posting danger signs and other warnings against hazards, promulgating safety regulations and notifying owners and users of adjacent utilities. When the use or storage of explosives or other hazardous materials or equipment is necessary for the execution of the work, the Contractor shall exercise the utmost care and shall carry on such activities under the supervision of properly qualified personnel. All blasting, including methods of storing and handling explosives and highly inflammable materials, shall conform to federal, state, local laws and ordinances. All city ordinances shall be complied with even though some or all of the blasting is done outside the city limits unless the applicable ordinance is in conflict with the law of the jurisdiction where the action is being taken. The following is a list of requirements in addition to federal, state, and local laws and ordinances: 1. The Contractor shall fumish the City of Round Rock with a Certificate of Blasting Insurance in the amount of $300,000.00 for each contract, at least gencond.mst/spec master twenty -four (24) hours prior to using explosives. A blasting permit must be obtained from the city at least five (5) days prior to use of explosives. If blasting is covered under the Contractor's General Insurance Certificate for each contract, a separate blasting certificate will not be required. 2. The following public utility companies and city departments will be notified by the Contractor, on every occasion, at least twenty -four (24) hours prior to the use of explosives: Water and Wastewater, Electric, Gas, Telephone and the City Engineering Department. 3. Explosive materials to be used shall be limited to blasting agents and dynamite, unless prior approval of other materials is obtained in writing from the Engineering Department. 4. During blasting, all reasonable precautions shall be taken to protect pedestrians, passing vehicles, and public or private property. Blasting mats or protective cover shall be used when required by the City Inspector, the permit, or by safe blasting practices. 5. All explosives shall be stored in accordance with Chapter 5, Section 5.200, of the City Code. 6. The Director of Engineering or his representative shall have the right to limit the use of explosives and/or blasting methods which in his opinion are dangerous to the public or nearby property of any kind. 7. The Contractor, at his expense, shall promptly repair or replace all items known to be damaged as a result of blasting. All claims of damage shall be investigated by the City of Round Rock or by consulting firms approved by the city. 8. The Contractor shall maintain accurate records throughout the blasting operations showing the type explosive used, number of holes, pounds per hole, depth of hole, total pounds per shot, delays used, date and time of blast and initials of the inspector. The Contractor is fully responsible for all claims resulting from his blasting operation. All damage or loss to any property referred to in this article caused in whole or in part by the Contractor, any Subcontractor, any Sub - subcontractor, or anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable, shall be remedied by the Contractor, except damage or loss attributable solely to faulty drawings or specifications or solely to the acts or omissions of the Owner or the Engineer or anyone employed by either of them, and not attributable in any degree to the fault or negligence of the Contractor. gencond.mst/spec master The Contractor shall designate a responsible member of his organization at the site whose duty shall be the prevention of accidents. This person shall be the Contractor's superintendent unless otherwise designated in writing by the Contractor to the Owner and the Engineer. 10.03 Location and Protection of Utilities Notwithstanding any other provision of this contract, the Contractor shall be solely responsible for the location and protection of any and all public utility lines and utility customer service lines in the work area. The Contractor shall exercise due care to locate and to mark, uncover or otherwise protect all such lines in the construction zone and any of the Contractor's work or storage areas. Upon request, the Owner shall provide such information as it has about the location and grade of water, sewer, gas, and telephone and electric lines and other utilities in the work area but such information shall not relieve or be deemed to be in satisfaction of the Contractor's obligation hereunder, which shall be primary and nondelegable. Any such lines damaged by the Contractor's operations shall be immediately repaired by the Contractor or he shall cause such damage to be repaired at his expense. 11. Termination 11.01 - Termination by Owner for Cause Conditions for termination are as follows: 11. Without prejudice to any other legal or equitable right or remedy which it would otherwise possess hereunder or as a matter of law, City shall be entitled by giving Contractor five (5) days prior written notice to terminate this contract in its entirety at any time: 1. If the Contractor becomes insolvent, voluntarily files for bankruptcy, is the subject of an involuntary petition for bankruptcy commenced by its creditors, makes a general assignment for the benefit of creditors or becomes the subject of any other proceeding commenced under any statute or law for the relief of debtors; or 2. If a receiver trustee or liquidator of any of the property or income of Contractor shall be appointed; or 3. If Contractor: 1. Shall fail to prosecute the work or any part thereof with diligence necessary to insure its progress and completion as prescribed by the time schedules; and Shall fail to take such steps to remedy such default within ten (10) days after written notice thereof from City; or 4. If Contractor: gencond.mst/spec master 1. Shall fail for any reason other than the failure by City to make payments called upon when due, and 2. Shall fail to take such steps to remedy such default within ten (10) days after written notice thereof from City; or 5. If Contractor: 1. Shall commit a substantial default under any of the terms, provisions, conditions, or covenants contained herein; or 2. Shall fail to take such steps to remedy such default within ten (10) days after written notice thereof from City; or 3. In the event of such termination, Contractor shall only be paid its reimbursable costs incurred prior to the effective date of the termination notice and shall not be entitled to receive any further fixed fee payments hereunder and shall be further subject to any claim City may have against Contractor under other provisions of this agreement or as a matter of law, including the refund of any overpayment of reimbursable costs and/or fixed fee. 12. If this Contract is terminated for cause, the City shall have the right but shall not be obligated to complete the work itself or by others; and to this end, City shall be entitled to take possession of and use such equipment and materials as may be on the job site, and to exercise all rights, options, and privileges of Contractor under its subcontracts, purchase orders, or otherwise; and Contractor shall promptly assign such rights, options and privileges to City. If City elects to complete the work itself or by others, pursuant to the foregoing, the City will reimburse City for all costs incurred by City (including, without limitation, applicable, general, and administrative expenses, and field overhead, and the cost of necessary equipment, materials, and field labor) in correcting work by Contractor which fails to meet contract requirements. Nothing contained in the preceeding sections shall require City to pay for any work which is unsatisfactory as determined by the Director or which is not submitted in compliance with the terms of this Contract. City shall not be required to make any payments to Contractor when Contractor is in default under this Contract, nor shall this Article constitute a waiver of any right, at law and at equity, which City may have if Contractor is in default, including the right to bring legal action for damages or to force specific performance of this Contract. 11.02 - Termination for Convenience In connection with the work outlined in the Contract, it is agreed and fully understood by Contractor, that City may cancel or indefinitely suspend further work hereunder or terminate this Contract either for cause as outlined above, or for the convenience of City, upon fifteen (15) days written notice to Contractor, with the gencond.mst/spec master understanding that immediately upon receipt of said notice all work and labor being performed under this Contract shall cease. Contractor shall invoice City for all work satisfactorily completed and shall be compensated in accordance with the terms of this Contract for work accomplished prior to the receipt of said notice. No amount shall be due for lost or anticipated profits. After receipt of a notice of termination and acceptance otherwise directed by City, Contractor shall, in good faith, and to the best of his ability, do all things necessary, in the light of such notice and of such request and implementation thereof as City may make to assure the efficient proper closeout of the terminated work (including the protection of City property). Among other things, the Contractor shall, except as otherwise directed or approved by City: gencond.mst/spec master 1. Stop the work on the date and to the extent specified in the notice of termination. 2. Place no further orders for subcontracts for services, equipment or materials, except as may be necessary for completion of such portion of the work as is not terminated. 3. Terminate all orders and subcontracts to the extent that they relate to the performance of the work terminated by the notice of termination. 4. Assign to City, in the manner and to the extent directed by it, al right title, and interest of Contractor under the orders or subcontracts so terminated; in which case, City shall have the right to settle or pay any or all claims arising out of such termination of such orders and/or subcontracts. 5. With the approval of City, settle all outstanding liabilities and all claims arising out of such termination or orders and subcontracts. 6. Deliver to City, all documents, property, plans, field surveys, maps, cross sections and other data, designs and work related to the Project shall become the property of the City upon termination of this Contract, in a reasonably organized form, without restriction on future use. Should City subsequently contract with a new contractor for continuation of services under this Project, Contractor shall cooperate in providing information. 7. In the event of such termination, no cost incurred after the effective date of the notice of termination shall be treated as reimbursable costs unless it relates to carrying out the unterminated portion or taking closeout measures. gencond.mst/spec master 5.o SPECIAL CONDITIONS 1 1 1 1 1 1 1 r 1 1 1 1 1 1 1 1 SECTION ol- INFORMATION 01 -01 ENGINEER 01 - 02 COPIES OF PLANS AND SPECIFICATIONS FURNISHED specond.mst /specs The word "Engineer" in these Specifications shall be understood as referring to the City of Round Rock, 221 East Main Street, Round Rock, Texas 78664, Engineer of the Owner, or the Engineer's authorized representative to act in any particular position for the Owner. The Agreement will be prepared in not less than five (5) counterpart (original signed) sets. Owner will furnish Contractor two (2) sets of conforming Contract Documents and Specifications and four (4) sets of Plans free of charge, and additional sets will be obtained from the Engineer at commercial reproduction rates plus 2o% for handling. 01 - 03 GOVERNING CODES All construction as provided for under these Plans and Specifications shall be governed by any existing Resolutions, Codes and Ordinances, and any subsequent amendments or revisions thereto as set forth by the Owner. 01 -04 LIQUIDATED DAMAGES FOR FAILURE TO COMPLETE ON TIME The Contractor agrees that time is of the essence for this Contract and that the definite value of damages which would result from delay would be incapable of ascertainment and uncertain, so that for each day of delay beyond the number of days herein agreed upon for the completion of the work herein specified and contracted for, after due allowance for such extension of time as is provided for under the provisions of Section 4.02 of the General Conditions, the Owner may withhold permanently from the Contractor's total compensation, not as penalty but as liquidated damages, the sum of $250.00 per calendar day. 01 - 05 LOCATION The location of work shall be as mentioned in the Notice to Bidders and SC -1 1 1 1 1 1 1 1 1 t f 1 1 1 1 1 1 t 1 of -o6 USAGE OF WATER 01 -07 PAY ESTIMATES SECTION o2- SPECIAL CONSIDERATIONS 02 -01 CROSSING UTILITIES 02 -02 UTILITY SERVICES FOR CONSTRUCTION 02 -03 GUARANTEES specond.mst /specs All water used during construction shall be provided by the City. The City shall specify the location from which the Contractor is to procure water. The Contractor shall be responsible for providing all apparatus necessary for procuring, storing, transporting and using water during construction. The Contractor shall strive to use that amount of water which is reasonable to perform the work associated with this contract and shall endeavor to avoid excessive waste. The Contractor will be required to pay for all water used if it is found that unnecessary or excessive waste is occurring during construction. If pay estimates from the Contractor are not received by the Engineer on or before the time specified in Section 5.04 of the General Conditions, then the pay estimate will not be processed and will be returned to Contractor. 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. 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. The Contractor warrants the materials and workmanship and that the SC -3 work is in conformance with the plans and specifications included in this contract for the period that the Warranty Bond, as outlined in Section 04 of the Special Conditions, is in effect. Upon notice from Owner, the Contractor shall repair defects in all construction or materials which develop during specified period and at no cost to Owner. Neither final acceptance, Certificate of Completion, final payment nor any provision in Contract Documents relieves Contractor of above guarantee. Notice of observed defects will be given with reasonable promptness. Failure to repair or replace defect upon notice entitles Owner to repair or replace same and recover reasonable cost thereof from Contractor. 02 -04 MINIMUM WAGE SCALE specond.mst /specs Contractors are required to pay prevailing wage rates to laborers, workmen and mechanics employed on behalf of the City engaged in the construction of public works. The wage rate for these jobs shall be the general prevailing wage rates for work of a similar character. This applies to Contractors and Subcontractors. The Contractors and Subcontractors shall keep and make available records of workers and their wages. Contractors and Subcontractors shall pay the prevailing wage rates as adopted by the Owner. There is a statutory penalty of $60.00 per worker per day or portion of a day that the prevailing wage rate is not paid by the Contractor or any Subcontractor. 02 - 05 LIMIT OF FINANCIAL RESOURCES The Owner has a limited amount of financial resources committed to this Project; therefore, it shall be understood by all bidders that the Owner may be required to change and /or delete any items which he may feel is necessary to accomplish all or part of the scope of work within its limit of financial resources. Contractor shall be entitled to no claim for damages or anticipated profits on any portion of work that may be omitted. At any time during the duration of this contract, the Owner reserves the right to omit any work from this contract. Unit prices for all items previously approved in this contract shall be used to delete or add work per change order. 02 - 06 CONSTRUCTION REVIEW The Owner shall provide a project representative to review the quality SC -4 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 of materials and workmanship. 02 - 07 LIMITS OF WORK AND PAYMENT It shall be the obligation of the Contractor to complete all work included in this Contract, so authorized by the Owner, as described in the contract documents and technical specifications. All items of work not specifically paid for in the bid proposal shall be included in the unit price bids. Any question arising as to the limits of work shall be left up to the interpretation of the Engineer. 02 -08 PAYMENT FOR MATERIALS ON HAND specond.mst /specs Owner will not pay for materials on hand. Payment will be made for work completed in accordance with monthly estimate procedure stipulated in the General Conditions of the Agreement. 02 - 09 "AS BUILT" DRAWINGS The Contractor shall mark all changes and revisions on all of his copies of the working drawings during the course of the Project as they occur. Upon completion of the Project and prior to final acceptance and payment, the Contractor shall submit to the Engineer one set of his working drawings, dated and signed by himself and his project superintendent and labeled as "As- Built ", that shows all changes and revisions outlined above and that shows field locations of all above ground appurtenances including but not limited to valves, fire hydrants and manholes. These as -built drawings shall become the property of the Owner. Each appurtenance shall be located by at least two (2) horizontal distances measured from existing, easily identifiable, immovable appurtenances such as fire hydrants or valves. Property pins can be used for as- builts tie -ins provided no existing utilities as previously described are available. Costs for delivering as -built drawings shall be subsidiary to other bid items. 02 - 10 LAND FOR WORK Owner provides, as indicated on Drawings, land upon which work is to done, right -of -way for access to same and such other lands which are SC - designated for use of Contractor. Contractor provides, at his expense and without liability of Owner, any additional land and access thereto that may be required for his construction operations, temporary construction facilities, or for storage of materials. 02 - 11 DEVIATIONS OCCASIONED BY UTILITY STRUCTURES specond.mst /specs Whenever existing utilities, not indicated on Plans, present obstructions to grade and alignment of proposed improvements immediately notify engineer, who without delay, will determine if existing utilities are to be relocated, or grade and alignment of proposed improvements changed. Where necessary to move existing services, poles, guy wires, pipelines, etc., as determined by the Engineer, the Contractor will make arrangements with the owner of the utility to be moved and have it moved. The costs of any utility relocations will be at the Contractor's sole expense. Owner will not be liable for relocations costs or damages on account of delays due to changes made by owners of privately owned utilities which hinder progress of the work. 02 - 12 CONSTRUCTION STAKING All construction staking required to complete the work associated with this contract shall be provided by the Contractor. The Contractor shall be responsible for determining the layout and extent of staking necessary to construct the improvements to the lines and grades shown in the Plans. This item shall not be paid for separately and shall be considered subsidiary to other bid items. SECTION os TRAFFIC CONTROL Access shall be provided for residents and emergency vehicles at all times. When it becomes necessary to restrict access, the Contractor shall notify all applicable agencies (ie. Fire Department, E.M.S., Public Works, etc.). At the end of each day two lanes of traffic shall be opened to the public. The Contractor shall be responsible for all maintenance, signing and safety precautions necessary for traffic control. This item shall be considered subsidiary to bid item ATraffic Control@ and no additional compensation shall be given for complying with this Special Condition. SC -6 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 SECTION 04- WARRANTY BOND specond.mst /specs Per City of Round Rock Ordinances, a two (2) year Warranty Bond naming the City of Round Rock as obligee will be required for public streets constructed without lime stabilization of subgrade material when the Plasticity Index of the subgrade is above 2o. A one (i) year Warranty Bond naming the City of Round Rock as obligee will be required for all other construction. Warranty Bond shall remain in effect for one (1) year or two (2) years, as applicable, from date of City of Round Rock acceptance of improvements. Such bonds shall be from an approved surety company holding a permit from the State of Texas to act as surety or other surety or sureties acceptable to the Owner prior to final payment. SC -7 SECTION 05- INSURANCE specond.mst /specs Section 3.18 of the General Conditions of the Agreement is hereby amended to include the following: 3.18 Insurance Contractor shall carry insurance in the following types and amounts for the duration of this Contract, which shall include items owned by Owner in care, custody and control of Contractor prior and during construction and warranty period, and furnish Certificates of Insurance along with copies of policy declaration pages and all policy endorsements as evidence thereof: a. Statutory Worker's Compensation and minimum $loo,000 Employers Liability Insurance. b. Commercial General Liability Insurance with minimum limits of $500,000 per occurrence and $1,000,000 Aggregate or $500,00• for this designated project and $1oo,00o Fire Damage. c. Automobile Liability Insurance for all owned, nonowned and hired vehicles with minimum limits for Bodily Injury of $25o,000 for each person and $500,000 for each occurrence and Property Damage limits of $100,000 or Combined Single Limit of $600,000. d. On all new or remodeling building projects: All Risk Builders Risk Insurance for insurable building projects shall be insured in the amount of the contract price for such improvements. Owner and Contractor waive all rights against each other for damages caused by fire or other perils to the extent covered by Builders Risk Insurance required under this section, except as to such rights as they may have in the proceeds of such insurance. Contractor shall require similar waivers by Subcontractors and Sub - subcontractors. e. Owner and Contractor's Protective Policy. The Contractor shall provide and maintain during the life of this contract and until all work under said contract has been completed and accepted by SC -8 specond.mst /specs 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 by a company licensed to do business in the State of Texas at the time policy is issued and acceptable to owner. Contractor shall produce an endorsement to each effected policy: 1. Naming City of Round Rock, 221 East Main Street, Round Rock, Texas 78664 as additional insured (except Workers' Compensation and Builders Risk). 2. That obligates the insurance company to notify Joanne Land, City Secretary, City of Round Rock, 221 East Main Street, Round SC -9 specond.mst /specs Rock, Texas 78664 of any and all changes to policy 3o days prior to change. 3. That the "other" insurance clause shall not apply to Owner where City of Round Rock is an additional insured shown on policy. It is intended that policies required in this agreement, covering both Owner and Contractor, shall be considered primary coverage as applicable. Contractor shall not cause any insurance to be canceled nor permit any insurance to lapse during term of this Contract or as required in the Contract. If Contractor is underwritten on a claim -made basis, the retroactive date shall be prior to, or coincident with, the date of this Contract and the Certificate of Insurance shall state that coverage is claims made and also the retroactive date. Contractor shall maintain coverage for duration of this Contract and for two years following completion of this Contract. Contractor shall provide the City annually a Certificate of Insurance as evidence of such insurance. It is further agreed that Contractor shall provide Owner a 3o 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 SC -io specond.mst /specs policies. Actual losses not covered by insurance as required by the section shall be paid by Contractor. SC -n SECTION 06- WAGE RATES General Decision Number TX000043 Superseded General Decision No. TX99oo43 State: TEXAS Construction Type: HEAVY HIGHWAY County(ies): BELL CORYELL TRAVIS BEXAR GUADALUPE WILLIAMSON BRAZOS HAYS COMAL MCLENNAN Heavy (excluding tunnels and dams) and Highway Construction Projects (does not include building structures in rest area projects). *NOT TO BE USED FOR WORK ON SEWAGE OR WATER TREATMENT PLANTS OR LIFT /PUMP STATIONS IN BELL, CORYELL, McLENNAN AND WILLIAMSON COUNTIES. Modification Number Publication Date 0 02/11/2000 County(ies): BELL CORYELL TRAVIS BEXAR GUADALUPE WILLIAMSON BRAZOS HAYS COMAL MCLENNAN SUTX2o42A 03/26/1998 Rates MR TOOL OPERATOR 8.o8 ASPHALT HEATER OPERATOR 11.00 ASPHALT RAKER 8.00 ASPHALT SHOVELER 7.97 BATCHING PLANT WEIGHER 11.0o CARPENTER 1o.8o CONCRETE FINISHER- PAVING 9.57 CONCRETE FINISHER - STRUCTURES 8.83 CONCRETE RUBBER 8.52 ELECTRICIAN 16.25 Rates FLAGGER 6.86 specond.mst /specs SC - 12 Fringes Fringes FORM BUILDER - STRUCTURES 8 .77 FORM LINER - PAVING & CURB 8.00 FORM SETTER - PAVING & CURB 8.68 FORM SETTER - STRUCTURES 8 .73 LABORER- COMMON 7.12 LABORER- UTILITY 7.99 MECHANIC 12.15 OILER 11.40 SERVICER 8.44 PAINTER - STRUCTURES 10.00 PIPE LAYER 8.27 ASPHALT DISTRIBUTOR OPERATOR 9.70 ASPHALT PAVING MACHINE 9.26 BROOM OR SWEEPER OPERATOR 7.12 BULLDOZER 9.28 CONCRETE CURING MACHINE 7.79 CONCRETE FINISHING MACHINE 11.00 CONCRETE PAVING SAW 9.79 SLIPFORM MACHINE OPERATOR 11.15 CRANE, CLAMSHELL, BACKHOE, DERRICK, DRAGLINE, SHOVEL 10.12 FOUNDATION DRILL OPERATOR TRUCK MOUNTED 15.00 FRONT END LOADER 8.86 HOIST - DOUBLE DRUM & LESS MIXER 7.12 MIXER - CONCRETE PAVING 11.00 MOTOR GRADER FINE GRADE 12.37 MOTOR GRADER 11.14 PAVEMENT MARKING MACHINE 8.31 PLANER OPERATOR 1 5.75 ROLLER, STEEL WHEEL PLANT -MIX PAVEMENTS 7.73 ROLLER, STEEL WHEEL OTHER FLATWHEEL OR TAMPING 7.33 ROLLER, PNEUMATIC, SELF PROPELLED 7.17 SCRAPERS 8.38 TRACTOR - CRAWLER TYPE 9.40 TRAVELING MIXER 7.92 TRENCHING MACHINE, HEAVY WAGON - DRILL /BORING MACHINE 8.00 Rates REINFORCING STEEL SETTER PAVING 14.50 REINFORCING STEEL SETTER STRUCTURES 10.61 specond.mst /specs SC -13 10.81 9.9 Fringes STEEL WORKER - STRUCTURAL 11.73 SPREADER BOX OPERATOR 8 .55 WORK ZONE BARRICADE 8.29 SIGN INSTALLER 7.97 TRUCK DRIVER - SINGLE AXLE LIGHT 8.32 TRUCK DRIVER - SINGLE AXLE HEAVY 7.954 TRUCK DRIVER - TANDEM AXLE SEMI TRAILER 8.02 TRUCK DRIVER- LOWBOY /FLOAT 10.12 WELDER 11.02 Unlisted classifications needed for work not included within the scope of the classifications listed maybe added after award only as provided in the labor standards contract clauses (29 CFR 05.5(a) 1 (ii)) WAGE DETERMINATION APPEALS PROCESS 1.) Has there been an initial decision in the matter? This can be: ! an existing published wage determination ! a survey underlying a wage determination ! a Wage and Hour Division letter setting forth a position on a wage determination matter ! a conformance (additional classification and rate) ruling On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour Regional office for the area in which the survey was conducted because those Regional offices have responsibility for the Davis -Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2.) and 3.) should be followed. With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to: Branch of Construction Wage Determinations Wage and Hour Division U. S. Department of Labor 200 Constitution Avenue, N. W. Washington, D. C. 20210 2.) If the answer to the question in 1.) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7). Write to: specond.mst /specs SC -14 specond.mst /specs Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N. W. Washington, D. C. 20210 The request should be accompanied by a full statement of the interested party's position and by any information (wage payment data, project description, area practice material, etc.) that the requestor considers relevant to the issue. 3.) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board). Write to: Administrative Review Board U. S. Department of Labor 200 Constitution Avenue, N. W. Washington, D. C. 20210 4.) All decisions by the Administrative Review Board are final END OF GENERAL DECISION SC -15 CLASSIFICATION Rate Healt h Pensio n Vacatio n Total Wage ASBESTOS WORKER $8.78 $o.00 $o.00 $o.00 $8.78 CARPENTER $ $ $0.97 $o.00 $18.06 CARPET LAYER /FLOORING INSTALLER $8.00 $o.00 $o.00 $o.00 $8.00 CONCRETE FINISHER $1o.27 $o.00 $o.00 $o.00 $10.27 DATA COMMUNICATION /TELECOM INSTALLER $12.o8 $0.76 $0.50 $0.05 $13.39 DRYWALL INSTALLER/CEILING INSTALLER 810.91 $o.00 $o.00 $0.00 $10.91 ELECTRICIAN $17.44 $2.16 $1.05 $1.05 $21.7o ELEVATOR MECHANIC $16.75 $3.85 $2.19 $1.5o $24.29 FIRE PROOFING INSTALLER $8.00 $o.00 $o.00 $o.00 $8.00 GLAZIER $13.6o $2.24 $1.15 $0.54 $ HEAVY EQUIPMENT OPERATOR $10.56 $o.00 $o.00 $o.00 810.56 INSULATOR $13.75 $1.16 $0.92 $0.03 $15.86 IRON WORKER $12.18 $o.00 $o.00 $o.00 $12.18 LABORER /HELPER $7.48 $0.02 $o.00 $o.00 $7.50 LATHER /PLASTERER $12.5o $o.00 $o.00 $o.00 $12.50 LIGHT EQUIPMENT OPERATOR $7.75 $o.00 $o.00 $o.00 $7.75 MASON $16.00 $o.00 $o.00 $o.00 $16.00 METAL BUILDING ASSEMBLER $11.00 80.62 $o.00 $0.34 $11.96 MILLWRIGHT $15.91 $1.63 $1.00 $o.00 $18.54 PAINTER /WALL COVERING INSTALLER $8.00 $o.00 $o.00 $o.00 $8.00 PIPEFITTER $18.10 $1.42 $1.80 $o.00 $21.32 PLUMBER $12.68 $0.00 $o.00 $o.00 $12.68 ROOFER $10.00 $0.00 $o.00 $o.00 $1o.00 SHEET METALWORKER $18.4o $ $2.55 $0.33 $ SPRINKLER FITTER $18.25 $3.4 $2.20 $0.00 823.85 TERRAZZO WORKER $o.00* $o.00 $o.00 $o.00 $o.00* TILE SErl $15.00 $0.32 $o.00 $o.00 $ WATERPROOFER /CAULKER $10.64 $o.00 $0.00 $o.00 $10.64 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 COUNTY NAME: WILLIAMSON specond.mst /specs PREVAILING WAGE RATE DETERMINATION BUILDING CONSTRUCTION TRADES SC - 1.6 Date Printed: April 1 5, 1997 * $0.00 in the rate field indicated insufficient data was received to determine a prevailing wage rate for this classification. Government Code Title to, Sec. 2258.023, paragraph C state: AA contractor or subcontractor does not violate this section if a public body awarding a contract does not determine the prevailing wage rates and specify the rates in the contract as provided in Section 2258.022. (Property of General Services Commission, Based on 1996 Survey results) 6.o TECHNICAL SPECIFICATIONS ITEM 1 GENERAL DESCRIPTION 1.01 SCOPE OF WORK The work covered by these Specifications consists of furnishing all labor, equipment, appliances, materials and performing all operations in connection with the 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 techspec.mst /spec.master 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. TS-1 ITEM 2 CONTROL OF WORK 2.01 CLEAN -UP 2.01.1 CONSTRUCTION SITE 2.02 GRADING techspec. mst /spec.master During construction the Contractor shall keep the site free and clean from all rubbish and debris and shall clean -up the site promptly when notified to do so by the Engineer. The Contractor shall, at his own expense, maintain the streets and roads free from dust, mud, excess earth or debris which constitutes a nuisance or danger to the public using the thoroughfare, or the occupants of adjacent properties. Care shall be taken to prevent spillage on streets and roads over which hauling is done, and any such spillage or debris deposited on streets, due to the Contractor's operations, shall be immediately removed. 2.01.2 BACKWORK The Contractor shall coordinate his operations in such a manner as to prevent the amount of clean -up and completion of back works from becoming excessive. Should such a condition exist, the Engineer may order all or portions of the work to cease and refuse to allow any work to commence until the back work is done to the Engineer's satisfaction. The Contractor shall do such grading in and adjacent to the construction area associated with this contract as may be necessary to leave such areas in a neat and satisfactory condition approved by the Engineer. TS -2 ITEM 3 EXAMINATION AND REVIEW 3.01 EXAMINATION OF WORK techspec.mst /spec. master The work covered under this Contract shall be examined and reviewed by the Engineer, representatives of all governmental entities which have jurisdiction, and the Owner's authorized representative. The quality of material and the quality of installation of the improvements shall be to the satisfaction of the Engineer. It shall be the Contractor's responsibility for the construction methods and safety precautions in the undertaking of this Contract. 3.02 NOTIFICATION The Engineer and Owner must be notified a minimum of 24 -hours in advance of beginning construction, testing, or requiring presence of the Engineer, project representative, or Owner's representative. 3.03 CONSTRUCTION STAKING The Engineer shall furnish the Contractor reference points and benchmarks that, in the Engineer's opinion, provide sufficient information for the Contractor to perform construction staking. 3.04 PROTECTION OF STAKES. MARKS, ETC. All engineering and surveyor's stakes, marks, property corners, etc., shall be carefully preserved by the Contractor, and in case of destruction or removal during the course of this project, such stakes, marks, property corners, etc., shall be replaced by the Contractor at the Contractor's sole expense. TS -3 ITEM 4 PROTECTION AND PRECAUTION 4.01 WORK IN FREEZING WEATHER Portions of the work may continue as directed by the Engineer. 4.02 PROTECTION OF TREES. PLANTS AND SHRUBS techspec. mst /spec. master The Contractor shall take necessary precautions to preserve all existing trees, plants and shrubs but where it is justifiable and necessary the Contractor may remove trees and plants for construction right -of -way but only with approval of the Engineer. 4.03 TRAFFIC CONTROL MEASURES AND BARRICADES Traffic control measures and barricades shall be installed in accordance with the Texas Manual of Uniform Traffic Control Devices and in other locations deemed necessary by the Engineer, for the protection life and property. Under no circumstances will any existing road be permitted to remain closed over a weekend. No separate pay will be made for this item. Costs for this item shall be subsidiary to other items of work. 4.04 PROPERTY LINES AND MONUMENTS The Contractor shall be responsible for the protection, reference and resetting of property corner monuments if disturbed. 4.05 DISPOSAL OF SURPLUS MATERIAL The Contractor shall at his own expense, make arrangement for the disposal of surplus material, such as rock, trees, brush and other unwanted backfill materials. 4.06 CONTRACTOR'S USE OF PREMISES The Contractor shall, at his own expense, provide additional space as necessary for his operations and storage of materials. ITEM 5 MATERIALS TS -4 5.01 TRADE NAMES 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 techspec.mst/spec.master No material which has been used by the Contractor for any temporary purpose whatever is to be incorporated in the permanent structure without the written consent of the Engineer. Where materials or equipment are specified by a trade or brand name, it is not the intention of the owner to discriminate against an equal product of another manufacturer, but rather to set a definite standard of quality for performance, and to establish an equal basis for the evaluation of bids. Where the words "equivalent ", "proper" or "equal to" are used, they shall be understood to mean that the item referred to shall be "proper ", the "equivalent" of, or "equal to" some other item, in the opinion or judgement of the Engineer. Unless otherwise specified, all materials shall be the best of their respective kinds and shall be in all cases fully equal to approved samples. Notwithstanding that the words "or equal to" or other such expressions may be used in the specifications in connection with a material, manufactured article or process, the material, article or process specifically designated shall be used, unless a substitute is approved in writing by the Engineer, and the Engineer will have the right to require the use of such specifically designated material, article or process. TS -5 7.0 Plans, Details and Notes mwpdn.doc Plans The construction drawing covered by this document are under separate cover, but are considered as attached and form a part of this contract. PDN -i mwpdn.doc General Notes 1. THE STANDARD SPECIFICATIONS FOR THE CONSTRUCTION OF HIGHWAYS, STREETS AND BRIDGES OF THE CITY OF AUSTIN, TEXAS, AS ADOPTED BY THE CITY OF ROUND ROCK SHALL GOVERN MATERIALS AND METHODS USED TO DO THIS WORK. 2. PRIOR TO BEGINNING CONSTRUCTION, THE CONTRACTOR SHALL CONVENE A PRE - CONSTRUCTION CONFERENCE BETWEEN THE CITY OF ROUND ROCK, HIMSELF, THE ENGINEER, OTHER UTILITY COMPANIES, ANY AFFECTED PARTIES AND ANY OTHER ENTITY THE CITY OR ENGINEER MAY REQUIRE. ALL PARTIES SHALL BE NOTIFIED AT LEAST 48 HOURS PRIOR TO THE TIME OF THE CONFERENCE. 3. THE CONTRACTOR SHALL GIVE THE CITY OF ROUND ROCK A MINIMUM OF 48 HOURS NOTICE BEFORE BEGINNING EACH PHASE OF CONSTRUCTION. TELEPHONE 218 -5555 (PUBLIC WORKS DEPARTMENT). 4. THE CONTRACTOR SHALL VERIFY EXACT DEPTHS AND LOCATION OF ALL EXISTING UTILITIES PRIOR TO BEGINNING CONSTRUCTION. THE CONTRACTOR AT HIS OWN COST WILL REPAIR ANY EXISTING PAVEMENT, CURBS, FENCES AND /OR SIDEWALKS DAMAGED OR REMOVED. UTILITIES SHALL BE CONTACTED A MINIMUM OF 48 HOURS PRIOR TO CONSTRUCTION. LONE STAR GAS 1- 800 - 344 -8377. SOUTHWESTERN BELL 1- 800 - 669 -8344. TXU ELECTRIC 1- 800 - 242 -9113. 5. PRIOR TO ANY CONSTRUCTION, THE CONTRACTOR SHALL APPLY FOR AND SECURE ALL PROPER PERMITS FROM THE APPROPRIATE AUTHORITIES. 6. DUST CONTROL MEASURES SHALL BE PROVIDED BY THE CONTRACTOR AT THE DISCRETION OF THE CITY INSPECTOR. PDN -2 mwpdn.doc 7. AN INDEPENDENT LABORATORY AT THE OWNER'S EXPENSE SHALL MAKE ALL TESTING. THE CONTRACTOR SHALL PAY FOR ANY RETESTING. A CITY INSPECTOR SHALL BE PRESENT DURING ALL TESTS, AND THE CITY INSPECTORS SHALL BE GIVEN A MINIMUM OF 24 HOURS NOTICE PRIOR TO ANY TESTING. TELEPHONE 218 -5555 (INSPECTIONS). PAVEMENT SURFACE SHALL BE TYPE "C" HOT -MIX, HOT -LAY ASPHALTIC CONCRETE WITH A MINIMUM ASPHALT CONTENT OF 5 %. 8. TEMPORARY EROSION AND SEDIMENTATION CONTROLS ARE REQUIRED DURING CONSTRUCTION. THE CONTROLS MUST REMAIN IN PLACE UNTIL DISTURBED AREAS ARE REVEGETATED AND THE AREAS HAVE BECOME PERMANENTLY STABILI7FD THE TEMPORARY EROSION AND SEDIMENTATION CONTROLS MUST BE INSPECTED PERIODICALLY FOR DAMAGE CAUSED BY CONSTRUCTION ACTIVITIES AND FOLLOWING EVERY RAINFALL. DAMAGED OR OBSTRUCTED CONTROLS MUST BE REPAIRED OR REPLACED AS NECESSARY TO MAINTAIN PROPER OPERATION. 9. IF ANY SENSITIVE FEATURE IS DISCOVERED DURING CONSTRUCTION, REGULATED ACTIVITIES NEAR THE SENSITIVE FEATURE MUST BE SUSPENDED IMMEDIATELY. THE OWNER MUST IMMEDIATELY NOTIFY THE APPROPRIATE REGIONAL OFFICE OF THE TNRCC OF THE SENSITIVE FEATURE DISCOVERED. THE REGULATED ACTIVITIES NEAR THE SENSITIVE FEATURE MAY NOT PROCEED UNTIL THE EXECUTIVE DIRECTOR HAS REVIEWED AND APPROVED THE METHODS PROPOSED TO PROTECT THE SENSITIVE FEATURE AND THE EDWARDS AQUIFER FROM ANY POTENTIALLY ADVERSE IMPACTS TO WATER QUALITY WHILE MAINTAINING THE STRUCTURAL INTEGRITY OF THE LINE. 10. EROSION CONTROL MEASURES, SITE WORK AND RESTORATION WORK SHALL BE IN ACCORDANCE WITH THE CITY OF ROUND ROCK EROSION AND SEDIMENTATION CONTROL ORDINANCE. PDN -3 mwpdn.doe 11. SILT FENCES, ROCK BERMS, SEDIMENTATION BASINS AND SIMILARLY RECOGNIZED TECHNIQUES AND MATERIALS SHALL BE EMPLOYED DURING CONSTRUCTION TO PREVENT POINT SOURCE SEDIMENTATION LOADING OF DOWNSTREAM FACILITIES. SUCH INSTALLATION SHALL BE REGULARLY INSPECTED BY THE CITY OF ROUND ROCK FOR EFFECTIVENESS, ADDITIONAL MEASURES MAY BE REQUIRED IF, IN THE OPINION OF THE CITY ENGINEER, THEY ARE WARRANTED. 12. ALL TEMPORARY EROSION CONTROL MEASURES SHALL NOT BE REMOVED UNTIL FINAL INSPECTION AND APPROVAL OF THE PROJECT BY THE ENGINEER. IT SHALL BE THE RESPONSIBILITY OF THE CONTRACTOR TO MAINTAIN ALL TEMPORARY EROSION CONTROL STRUCTURES AND TO REMOVE EACH STRUCTURE AS APPROVED BY THE ENGINEER. 13. REMOVAL OF SILT FENCE AND ROCK BERMS WILL NOT BE PAID FOR DIRECTLY, BUT SHALL BE CONSIDERED SUBSIDIARY TO THE VARIOUS BID ITEMS. REMOVAL OF ACCUMULATED SILT AT THE SILT FENCE AND ROCK BERM LOCATIONS SHALL BE AS DIRECTED BY THE ENGINEER AND WILL NOT BE PAID FOR DIRECTLY, BUT SHALL BE CONSIDERED SUBSIDIARY TO THE VARIOUS BID ITEMS. 14. FOR THE CONTSTRUCTION OF DRILL SHAFTS, THE CONTRACTOR SHOULD FOLLOW, IN ADDITION TO THE PLANS AND SPECS, PSI GEOTECH REPORT DATED MARCH 20TH AND SUPPLEMENTAL MEMO DATED MAY 15TH. THESE REPORTS ARE AVAILABLE FROM THE CITY AND SHOW THE MINIMUM DRILL SHAFT LENGTHS AS FOLLOWS: STA 10 +17 TO STA 11 +44 - 12' MIN. AND 24" INTO NATURAL DARK BROWN FAT CLAY (CH) SOILS. STA 12 +18 TO STA 13 +60 - 15' MIN. AND 24" INTO NATURAL GRAY FAT CLAY (CH). STA 13 +60 TO STA 16 +86 - 10' MIN. AND 24" INTO NATURAL YELLOWISH BROWN LEAN CLAY (CL). PDN -4